FIREARMS ACT, 1925

AN ACT TO PLACE RESTRICTIONS ON THE POSSESSION OF FIREARMS AND OTHER WEAPONS AND AMMUNITION, AND FOR THAT AND OTHER PURPOSES TO AMEND THE LAW RELATING TO FIREARMS AND OTHER WEAPONS AND AMMUNITION. [6th June, 1925.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT ÉIREANN AS FOLLOWS:—

1. Definitions and interpretation.

1.—F1[(1) In this Act—

“ammunition” (except where used in relation to a prohibited weapon) means ammunition for a firearm and includes—

• (a) grenades, bombs and other similar missiles, whether or not capable of being used with a firearm,

• (b) any ingredient or component part of any such ammunition or missile, and

• (c) restricted ammunition, unless the context otherwise requires;

“Commissioner” means the Commissioner of the Garda Síochána or a member of the Garda Síochána, or members of a particular rank in the Garda Síochána, not below the rank of superintendent appointed in writing by the Commissioner for the purpose of performing any of the Commissioner’s functions under this Act;

F2[“Directive” means Directive (EU) 2021/555 of the European Parliament and of the Council of 24 March 2021¹ on control of the acquisition and possession of weapons (codification), and includes Articles 12 and 13 of Directive 2014/28/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisa-tion of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses (recast)^3;]

“firearm” means—

• (a) a lethal firearm or other lethal weapon of any description from which any shot, bullet or other missile can be discharged,

• (b) an air gun (including an air rifle and air pistol) with a muzzle energy greater than one joule or any other weapon incorporating a barrel from which any projectile can be discharged with such a muzzle energy,

• (c) a crossbow,

• (d) any type of stun gun or other weapon for causing any shock or other disablement to a person by means of electricity or any other kind of energy emission,

• (e) a prohibited weapon,

1 OJ No. L 115, 6.4.2021, p.1 3 OJ No. L 96, 29.3.2014, p. 1

• (f) any article which would be a firearm under any of the foregoing paragraphs F3[or paragraph (h)] but for the fact that, owing to the lack of a necessary component part or parts, or to any other defect or condition, it is incapable of discharging a shot, bullet or other missile or projectile or of causing a shock or other disablement, as the case may be,

• (g) except where the context otherwise requires, any component part of any article referred to in any of the foregoing paragraphs and, without prejudice to the generality of the foregoing, the following articles shall be deemed to be such component parts:

• (i) telescope sights with a light beam, or telescope sights with an electronic light amplification device or an infra-red device, designed to be fitted to a firearm specified in paragraph (a), (b), (c) or (e),

• (ii) a silencer designed to be fitted to a firearm specified in paragraph (a), (b) or (e), and

• (iii) any object—

• (I) manufactured for use as a component in connection with the operation of a firearm, and

• (II) without which it could not function as originally designed,

and

• (h) a device capable of discharging blank ammunition and to be used as a starting gun or blank firing gun,

and includes a restricted firearm, unless otherwise provided or the context otherwise requires;

“firearm certificate” means a firearm certificate granted under this Act and, unless the context otherwise requires, includes a restricted firearm certificate, a firearms training certificate and a firearm certificate granted under the Firearms (Firearm Certificates for Non-Residents) Act 2000;

“firearm dealer” means a person who, by way of trade or business, manufactures, sells, lets on hire, repairs, tests, proves, purchases, or otherwise deals in firearms or ammunition;

“firearms training certificate” has the meaning given to it by section 2A of this Act;

“issuing person”, in relation to the grant or renewal of a firearm certificate, authorisation or licence, means, as the case may be, the Minister, the Commissioner or the superintendent of the Garda Síochána of the district where an applicant for or holder of the firearm certificate, authorisation or licence is residing;

“Minister” means the Minister for Justice, Equality and Law Reform;

“muzzle energy”, in relation to a firearm, means the energy of a projectile discharged by it, measured at its muzzle in joules;

F4[“prohibited ammunition” means ammunition that is declared by order under section 2C of this Act to be prohibited ammunition;

“prohibited firearm” means a firearm that is declared by order under section 2C of this Act to be a prohibited firearm.]

“prohibited weapon” means and includes any weapon of whatever description designed for the discharge of any noxious liquid, noxious gas or other noxious thing, and also any ammunition (whether for any such weapon or any other weapon) which contains or is designed or adapted to contain any noxious liquid, noxious gas or other noxious thing;

“place” includes a dwelling;

“prescribed” means prescribed by regulations made under this Act;

“registered firearms dealer” means a firearms dealer who is for the time being registered in the register of firearms dealers established in pursuance of this Act;

“restricted ammunition” means ammunition which is declared under section 2B(b) of this Act to be restricted ammunition;

“restricted firearm” means a firearm which is declared under section 2B(a) of this Act to be a restricted firearm;

“working mechanism”, in relation to a firearm, includes the mechanism for loading, cocking and discharging it and ejecting spent ammunition.]

• (2) In this Act the word “port” means any authorised place of entry into Saorstát Eireann, and the words “export”and “import”include respectively export and import over a land frontier as well as export and import over a sea frontier, and all cognate words shall be construed accordingly.

• F5[(3) In this Act references to a Superintendent of the Garda Síochána include references to an Inspector of the Garda Síochána acting as a Superintendent.]

2. Restrictions on possession, use, and carriage of firearms.

2.—(1) Subject to the exceptions from this section hereinafter mentioned, it shall not be lawful for any person after the commencement of this Act to have in his possession, use, or carry any firearm or ammunition save in so far as such possession, use, or carriage is authorised by a firearm certificate granted under this Act and for the time being in force.

• (2) Save in any of the cases hereinafter excepted from this section, every person who after the commencement of this Act has in his possession, uses, or carries any firearm without holding a firearm certificate therefor or otherwise than as authorised by such certificate, or purchases, uses, has in his possession, or carries any ammunition without holding a firearm certificate therefor or in quantities in excess of those authorised by such certificate, or fails to comply with any condition subject to which a firearm certificate was granted to him, shall be guilty of an offence F8[under this section].

• F9[(2A) A person who is guilty of an offence under this section is liable—

• (a) in case the firearm is a restricted firearm or the ammunition is restricted ammunition—

• (i) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, and

• (ii) on conviction on indictment, to a fine not exceeding €20,000 or imprisonment for a term not exceeding 7 years or both,

and

• (b) in any other case—

• (i) on summary conviction, to a fine not exceeding €2,500 or imprisonment for a term not exceeding 12 months or both, and

• (ii) on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 5 years or both.]

• F10[(2B) F11[...]]

• (3) This section shall not apply to any of the following cases and such cases are accordingly excepted from this section, that is to say:—

• (a) the possession or carriage of a firearm under and in accordance with a permit issued under this Act and for the time being in force;

• (b) the possession, use, or carriage of a firearm or ammunition by a member of the Defence Forces of Saorstát Eireann or of a lawful police force in Saorstát Eireann F12[or by a F13[member of garda staff (within the meaning of the Policing, Security and Community Safety Act 2024)], in the performance of] his duty as such member;

• F14[(ba) the possession, use, or carriage of a firearm or ammunition by an officer of the Minister assigned to perform functions in Forensic Science Ireland, in the course of the performance by him or her of such functions;]

• (c) the possession, use, or carriage of a firearm or ammunition by a registered firearms dealer in the ordinary course of his business as such dealer;

• (d) the possession or carriage of a firearm or ammunition in the ordinary course of business by a person engaged in the business of carrying or of warehous-ing goods for reward;

• (e) the possession of a firearm or ammunition on board a ship as part of the equipment of the ship;

• (f) the carriage for sporting purposes only of a firearm or ammunition under instructions from and for the use of the holder of a firearm certificate for such firearm or ammunition;

• (g) the possession, carriage, or use of a humane killer F15[or ammunition therefor] in the ordinary course of business by a butcher, slaughterman, knacker, or other person engaged in the business of the humane slaughter of animals.

• (4) This section shall not apply to any of the following cases and such cases are accordingly excepted from this section, that is to say:

• (a) the possession, use or carriage of a firearm or ammunition by an employee of a registered firearms dealer in the ordinary course of business of the dealer as a firearms dealer,

• (b) the possession or carriage of a firearm or ammunition by an employee of a person engaged in the business of carrying or of warehousing goods for reward in the ordinary course of such business,

• (c) the possession or carriage of a firearm or ammunition for purposes of sale by an auctioneer who stands authorised under section 13 of F17[the Fire-arms Act 1964] or by an employee of such an auctioneer in the ordinary course of business as an auctioneer,

• F18[(d) the possession, use or carriage of a firearm or ammunition during a competition or target practice at a club, shooting range or any other place that stands authorised under this section or section 4A of this Act],

• (e) the possession, use or carriage of a firearm (other than a shot-gun) of a calibre not exceeding.23 inches or of ammunition by a person operating a range or shooting gallery in an amusement hall or at a fun fair, carnival or other like event for the purposes of the range or shooting gallery who stands authorised in that behalf under this section or by a person using such range or shooting gallery,

• (f) the possession, use or carriage of a firearm or ammunition by a person taking part in a theatrical performance or rehearsal or in the production of a cinematograph film for the purpose of the performance, rehearsal or production, being a performance, rehearsal or production the person in charge of which stands authorised in that behalf under this section,

• F19[(g) the possession, use or carriage of a firearm, within the meaning of paragraph (h) of section 1, or of ammunition therefor for the purpose of being used as a starting gun or blank firing gun by a person who stands authorised in that behalf under this section,]

• (h) the possession, use or carriage of a firearm or blank ammunition provided by the Minister for Defence by a person taking part in a ceremony of any kind for the purposes of the ceremony, being a person who stands authorised in that behalf under this section.

• F20[(i) the possession, use, or carriage of a firearm or ammunition in the course of his duties by an officer of the Institute for Industrial Research and Standards charged with the operation of facilities for proofing firearms

provided or procured by that Institute under the Firearms (Proofing) Act, 1968.]

• F21[(j) the possession or carriage of a firearm or ammunition by a person, or the employee of a person, authorised under section 10(4A) of this Act,

• (k) the possession, use or carriage of a firearm or ammunition for the purpose of bird control at an airport by an employee or agent of the airport authority who stands authorised in that behalf under this section.]

• (5)
• (a) The Superintendent of any district may authorise in writing the possession, use or carriage of firearms or ammunition in that district in any of the circumstances specified in paragraphs (d), (e), (f), (g) F22[, (h)] F23[, (j) or (k)] of subsection (4) of this section F24[, or of any component parts of a firearm,] during such period, not exceeding one year, as may be specified in the authorisation.

• (b) A Superintendent shall not grant an authorisation under this section unless he is satisfied having regard to all the circumstances (including the provision made or to be made for the storage of the firearms and ammunition to which the authorisation (if granted) would relate and the supervision of their use) that the possession, use or carriage, as the case may be, of firearms or ammunition in pursuance of the authorisation will not endanger the public safety or the peace.

• (c) Where it is proposed to grant an authorisation under this section in respect of a F25[...] club or a range or other place referred to in paragraph (d) of subsection 4 of this section, the authorisation shall be granted to an officer of the club nominated by the club or to the person in charge of the range or other place as the case may be, and where there is a contravention of a condition imposed in relation to the grant of such an authorisation and the contravention is proved to have been committed with the consent or approval of or to have been facilitated by any neglect on the part of the person to whom the authorisation is granted, that person shall be guilty of an offence under this Act.

• (d) A Superintendent may impose in relation to the grant of an authorisation under this section such conditions (if any) as he considers necessary to prevent danger to the public and, where a condition is imposed, it shall be specified in the authorisation.

• (e) An authorisation under this section may be revoked at any time by the Superintendent of the district in which it is granted.

• (f) A person who contravenes a condition imposed in relation to the grant of an authorisation under this section shall be guilty of an offence under this Act.

• F26[(6) In subsections (3)(g) and (4) (other than paragraphs F27[...] (i) and (k)), references to a firearm or ammunition do not include references to a restricted firearm or restricted ammunition.]

• F28[(7) The superintendent of any district may authorise the Board of the National Museum in writing to possess for a specified period F29[(which, in the case of a firearm classified in Category A of the Directive, shall not exceed 5 years)] a firearm that is a museum heritage object within the meaning of the National Cultural Institutions Act 1997.]

2A. F32[Firearms training certific- ate.

2A.— (1) The Commissioner, on application and payment of the prescribed fee (if any), may issue to a person over 14 years of age a certificate (in this Act referred to as a “firearms training certificate”) authorising the person to possess a firearm and ammunition (except a restricted firearm and restricted ammunition F33[or a firearm to which section 2D(2) F34[...] applies and ammunition for such a firearm]) only while—

• (a) carrying and using the firearm for hunting or target shooting—

• (i) under the supervision of a specified person over 18 years of age who holds a firearm certificate in respect of it, and

• (ii) where the firearm is used for target shooting, on the premises of an authorised rifle or pistol club or at an authorised shooting range or other place that stands authorised under section 2(5) of this Act,

and

• (b) complying with such other conditions (if any) as the Commissioner may impose in the interests of public safety and security.

• (2) Where the applicant is under 16 years of age, the application for a firearms training certificate shall be accompanied by the written consent of the applicant’s parent or guardian.

• (3) The firearms training certificate shall be in the prescribed form.

• (4) Where such an application is refused, the Commissioner shall inform the applicant in writing and give the reasons for the refusal.

• (5) A firearms training certificate shall continue in force for a period of 3 years from the date on which it was granted, unless revoked.

• (6) The Commissioner may revoke a firearms training certificate if of opinion that the holder is not complying, or has not complied, with the conditions subject to which the certificate was granted.

• (7) A holder of a firearms training certificate who, without reasonable excuse, does not comply with the conditions subject to which the certificate was granted is guilty of an offence and liable on summary conviction—

• (a) for a first offence, to a fine not exceeding €500, and

• (b) for any subsequent offence, to a fine not exceeding €1,000.

• (8) It is an offence under this Act for the holder of a firearm certificate in respect of the firearm to which the firearms training certificate relates to permit, without reasonable excuse, the holder of that certificate to carry or use the firearm while not under his or her supervision.]

2B. F35[Restricted firearms and ammunition.

2B.— The Minister may, in the interests of public safety and security, by order—

• (a) declare specified firearms to be restricted firearms for the purposes of this Act by reference to one or more than one of the following criteria:

• (i) category;

• (ii) calibre;

• (iii) working mechanism;

• (iv) muzzle energy;

• (v) description;

and

• (b) declare specified ammunition to be restricted ammunition for the purposes of this Act by reference to one or more than one of the following criteria:

• (i) category;

• (ii) calibre;

• (iii) weight;

• (iv) kinetic energy;

• (v) ballistic co-efficient;

• (vi) design;

• (vii) composition;

• (viii) description.]

2C. F36[Prohibited firearms and ammunition.

2C.— (1) The Minister may, in the interests of public safety and security, by order—

• (a) declare specified firearms to be prohibited firearms for the purposes of this Act by reference to one or more than one of the following criteria:

• (i) category;

• (ii) calibre;

• (iii) working mechanism;

• (iv) muzzle energy;

• (v) description;

and

• (b) declare specified ammunition to be prohibited ammunition for the purposes of this Act by reference to one or more than one of the following criteria:

• (i) category;

• (ii) calibre;

• (iii) weight;

• (iv) kinetic energy;

• (v) ballistic co-efficient;

• (vi) design;

• (vii) composition;

• (viii) description.

• (2) Any person who—

• (a) possesses, uses or carries,

• (b) manufactures, sells or hires, or offers or exposes for sale or hire, or by way of business repairs or modifies,

• (c) puts on display, or lends or gives to any other person, or

• (d) imports in to the State,

a prohibited firearm or prohibited ammunition shall be guilty of an offence.

• (3) A person who is guilty of an offence under this section is liable—

• (a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, and

• (b) on conviction on indictment, to a fine not exceeding €20,000 or imprisonment for a term not exceeding 7 years or both.

• (4) This section shall not apply to any firearm or ammunition possessed, used, carried, manufactured, sold, hired, offered or exposed for sale or hire, repaired or modified by way of business, possessed for the purpose of sale or hire or for the purpose of modification by way of business, put on display, lent or given to another or imported into the State under the authority of the Minister for Defence for use by the Defence Forces of the State or under the authority of the Minister for use by any lawful police force in the State.]

2D. F37[Prohibition on acquisition or possession of firearms classi- fied in Category A of Directive

2D. (1) Subject to subsections (2), (3) and (4), a person who acquires or possesses a firearm or ammunition classified in Category A of the Directive shall be guilty of an offence and shall be liable—

• (a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, and

• (b) on conviction on indictment, to a fine not exceeding €20,000 or imprisonment for a term not exceeding 7 years or both.

• (2) Subsection (1) shall not, during the period beginning on 1 September 2019 and ending on 29 February 2020, apply to the possession of a firearm classified in point 6, 7 or 8 of Category A of the Directive by—

• (a) a person who is the holder of a firearm certificate, which is in force, in respect of the firearm, or

• (b) a registered firearms dealer who has lawfully purchased the firearm concerned by way of trade or business.

• (3) This section shall not apply to—

• (a) the possession, in accordance with an authorisation under section 2(7), of a firearm classified in Category A of the Directive, or

• (b) the acquisition of a firearm referred to in paragraph (a) for the purpose of possessing it in accordance with an authorisation referred to in that para-graph.

• (4) This section shall not apply to the acquisition or possession of a firearm or ammunition under the authority of the Minister for Defence for use by the Defence Forces of the State or under the authority of the Minister for use by any lawful police force in the State.]

2E. F38[Restriction on licensing of certain firearms.

2E.(1) On and from 1 September 2019, no application for a firearm certificate in respect of a firearm classified in Category A of the Directive shall be considered by an issuing person.

• (2) A firearm certificate in respect of a firearm classified in Category A of the Directive, other than a firearm to which subsection (3) applies, that is in force on 31 August 2019 shall, on and from 1 September 2019, stand revoked.

• (3) A firearm certificate in respect of a firearm classified in point 6, 7 or 8 of Category A of the Directive that is in force on 29 February F39[2020] shall, on and from 1 March F39[2020], stand revoked.]

2F. F40[Revocation of firearm certific- ate where holder found in posses- sion of certain loading devices

2F. An issuing person shall revoke a firearm certificate in respect of a firearm classified in Category B of the Directive granted by the person where the holder of the certificate is found to be in possession of—

• (a) a loading device which can hold more than 20 rounds and is capable of being fitted to a centre-fire semi-automatic or repeating short firearm, or

• (b) a loading device which can hold more than 10 rounds and is capable of being fitted to a centre-fire semi-automatic or repeating long firearm.]

3. F41[Applications for, and form and effect of, firearm certificates.

3.— (1) Application for a firearm certificate (other than a restricted firearm certificate) shall be made to the Superintendent of the Garda Síochána of the district in which the applicant resides.

• (2) Application for a restricted firearm certificate shall be made to the Commis-sioner.

• (3) The application shall be in the prescribed form, and if the applicant intends to use the firearm to hunt and kill exempted wild mammals within the meaning of the Wildlife Act 1976 (other than hares), be accompanied by a current licence to do so under section 29(1) of that Act.

• (4) The applicant shall supply in writing any further information that the Superin-tendent or the Commissioner may require in the performance of his or her functions under this section.

• (5) A firearm certificate shall be in the prescribed form and, subject to subsection (6) of this section, shall authorise the person to whom it is granted—

• (a) to possess, use and carry the firearm specified in the certificate,

• (b) to purchase ammunition for use in the firearm, and

• (c) at any one time to possess or carry not more than the amount of ammunition specified in the certificate.

• (6) Where the firearm is a shot-gun, the firearm certificate may, subject to subsection (11) of this section, authorise it to be used only for killing animals or birds other than protected wild animals or protected wild birds within the meaning of the Wildlife Act 1976 by the holder of the certificate either (as may be expressed in the certificate)—

• (a) on land occupied by the holder, or

• (b) on land occupied by another person.

• (7) A firearm certificate which is in force, other than a relevant firearm certificate continued in force under section 3(3) of this Act, as amended by section 28 of the Criminal Justice (Miscellaneous Provisions) Act 2009, shall continue in force for a period of 3 years from the date on which it was granted, unless revoked, and for any further such period for which it may be renewed.

• (8) The holder of a firearm certificate may apply for renewal of the certificate within three months before it ceases to be in force.

• (9) A decision on an application for a firearm certificate or its renewal shall be given within 3 months from the date on which the applicant submitted a completed application form.

• (10) Where the application is refused, the applicant shall be informed in writing of the refusal and the reason for it.

• (11) The following provisions have effect in relation to a certificate in the form referred to in subsection (6) of this section (in this subsection referred to as a “limited certificate”):

• (a) a limited certificate relating to land occupied by a person other than the applicant for the certificate shall not be granted unless the occupier of the land has given the applicant a nomination in writing for holding the certi-ficate;

• (b) a limited certificate relating to any land shall not be granted in respect of any period if there is a limited certificate relating to the land already in force in respect of that period;

• (c) a limited certificate shall not be granted unless the whole of the land to which it would relate is occupied by the same person;

• (d) where a nomination referred to in paragraph (a) of this subsection is revoked, the limited certificate to which it related, if then in force, shall not be capable of being renewed.

• (12) A firearm in respect of which a firearm certificate is granted shall be marked in the prescribed manner with a number or other prescribed identifying mark, and the number or mark shall be entered on the certificate.

• (13) A person who—

• (a) knowingly gives false or misleading information to an issuing person in relation to an application for a firearm certificate or for its renewal,

• (b) forges a document purporting to be a firearm certificate or uses or knowingly possesses it, or

• (c) with intent to deceive, uses or alters a firearm certificate or uses a firearm certificate so altered, is guilty of an offence and liable—

• (i) on summary conviction, to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both, or

• (ii) on conviction on indictment, to a fine not exceeding €20,000 or imprisonment for a term not exceeding 5 years or both.

• (14) Subsection (13) of this section is without prejudice to Part 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001.

• (15) Section 12 (limited use of shot-gun) of the Firearms Act 1964 is repealed.]

3A. F43[Issue of guidelines by Minister and Commissioner.

3A.— (1) The Minister, or the Commissioner with the consent of the Minister, may from time to time issue guidelines in relation to the practical application and operation of any provision of the Firearms Acts 1925 to 2009, or of any regulation made under any provision of those Acts.

• (2) The Commissioner with the consent of the Minister may, in particular, issue guidelines in relation to applications for firearm certificates and authorisations under this Act and to the conditions which may be attached to those certificates and authorisations.]

3B. F44[Payment of fees for prescribed fire- arm certificates.

3B.— (1) A prescribed fee is payable on the grant or renewal of a prescribed firearm certificate.

• (2) Any fee payable under subsection (1) shall be paid to a prescribed person at a prescribed place and be disposed of by the prescribed person for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.

• (3) Any notice issued by a prescribed person in relation to the grant or renewal of a prescribed firearm certificate or the payment of a prescribed fee under subsection (1) shall be in the prescribed form.]

3C. F45[Arrangement for payment of prescribed fees.

3C.— The Minister may, with the consent of the Minister for Finance, make such arrangements, including contractual arrangements, as he or she considers appropriate with such person or persons (other than a member or members of the Garda Síochána) as he or she thinks fit in relation to accounting for prescribed fees received by them.]

3D. F46[Restriction on licensing of short firearms.

3D.— (1) As and from the date of commencement of this section, no application for a firearm certificate in respect of a short firearm shall be considered by an issuing person other than for—

• (a) a device capable of discharging blank ammunition and to be used as a starting gun or blank firing gun;

• (b) a short firearm of a type specified at paragraph 4(2)(e) of the Firearms (Restricted Firearms and Ammunition) Order 2008 (S.I. No. 21 of 2008) and designed for use as so specified;

• (c) a short firearm for which the applicant for the firearm certificate held a firearm certificate on or before 19 November 2008.

• (2) Any firearm certificate in respect of a short firearm, other than one to which paragraphs (a) to (c) of subsection (1) relates, granted between 19 November 2008 and the date of commencement of this section and in force shall stand revoked.

• (3) For the purposes of this section, “short fire arm” means a firearm either with a barrel not longer than 30 centimetres or whose overall length (excluding the length of any detachable component) does not exceed 60 centimetres.]

3DA. F47[Restrictions on firearm certi- ficates for semi- automatic centre- fire rifles

3DA.— (1) On and after the date of the coming into operation of section 10 of the Criminal Justice (Miscellaneous Provisions) Act 2023 (in this section referred to as the ‘relevant date’), a firearm certificate shall not be granted under this Act, or under section 2 of the Act of 2000 in respect of an application under paragraph (a) or (aa) of subsection (2) of that section, for a semi-automatic centre-fire rifle.

• (2) On the day that is 3 months after the relevant date, any firearm certificate for a semi-automatic centre-fire rifle that was first granted after 18 September 2015 and that was in force immediately before the relevant date shall stand revoked.

• (3) This section shall not affect the possibility of renewal of a firearm certificate for a semi-automatic centre-fire rifle under section 3 of this Act, or under section 9 of the Act of 1964, where the firearm certificate was first granted on or before 18 September 2015 and was in force on the relevant date.

• (4) On or after the relevant date, the Minister or the Commissioner shall not, under section 11(1) of the Act of 1964, substitute for the description of a firearm in a firearm certificate granted by him or her the description of a semi-automatic centre-fire rifle.

• (5) Sections 5(3) and 6 shall, on and after the day referred to in subsection (2) of this section, apply in relation to a semi-automatic centre-fire rifle in relation to which the relevant firearm certificate has been revoked pursuant to this section.

• (6) In this section—

“Act of 1964” means the Firearms Act 1964;

“Act of 2000” means the Firearms (Firearm Certificates For Non-Residents) Act 2000;

“first granted” means, in relation to a particular semi-automatic centre-fire rifle—

• (a) the grant (not renewal) of a firearm certificate for the semi-automatic centre-fire rifle under section 3 of this Act, or under section 2 of the Act of 2000 in respect of an application under paragraph (a) or (aa) of subsection (2) of that section, or

• (b) the substitution by the Minister or the Commissioner, under section 11(1) of the Act of 1964, for the description of a firearm in a firearm certificate granted by him or her the description of the semi-automatic centre-fire rifle,

whichever is the earlier;

“semi-automatic centre-fire rifle” means a rifled long firearm that—

• (a) uses a cartridge with a centrally located primer in the base,

• (b) can self-load a round after each time a round is discharged, and

• (c) cannot fire more than one round with a single pull on the trigger.]

3E. F48[Commis- sioner to conduct annual review.

3E.— The Commissioner shall conduct an annual review of the operation of the Firearms Acts 1925 to 2009 and shall submit a report to the Minister specifying the number and classes of certificates and authorisations issued under the Acts. The Minister shall lay a copy of such report before each House of the Oireachtas.]

4. F49[Conditions of grant of firearm certificate.

4.— (1) An issuing person shall not grant a firearm certificate unless he or she is satisfied that the applicant complies with the conditions referred to in subsection (2) and will continue to comply with them during the currency of the certificate.

• (2) The conditions subject to which a firearm certificate may be granted are that, in the opinion of the issuing person, the applicant—

• (a) has a good reason for requiring the firearm in respect of which the certificate is applied for,

• (b) can be permitted to possess, use and carry the firearm and ammunition without danger to the public safety or security or the peace,

• (c) is not a person declared by this Act to be disentitled to hold a firearm certificate,

• (d) has provided secure accommodation for the firearm and ammunition at the place where it is to be kept,

• (e) where the firearm is a rifle or pistol to be used for target shooting, is a member of an authorised rifle or pistol club,

• (f) has complied with subsection (3),

• (g) complies with such other conditions (if any) specified in the firearm certific-ate, including any such conditions to be complied with before a specified date as the issuing person considers necessary in the interests of public safety or security, and

• (h) in case the application is for a restricted firearm certificate—

• (i) has a good and sufficient reason for requiring such a firearm, and

• (ii) has demonstrated that the firearm is the only type of weapon that is appropriate for the purpose for which it is required.

• (3) An applicant for a firearm certificate shall supply to the issuing person the information requested in the application form and such further information as the issuing person may require in the performance of the person’s functions under this Act, including, in particular—

• (a) proof of identity,

• (b) proof of competence in the use of the firearm concerned,

• (c) written consent for any enquiries in relation to the applicant’s medical history that may be made from a health professional by or on behalf of the issuing person, and

• (d) names and addresses of two referees who may be contacted to attest to the applicant’s character.

• (4) A member of the Garda Síochána may inspect the accommodation for a firearm provided by an applicant for a firearm certificate or require the applicant to provide proof of its existence.

• (5) The Minister, in consultation with the Commissioner, may by regulations provide for minimum standards to be complied with by holders of firearm certificates in relation to the provision of secure accommodation for their firearms.

• (6) In this section “health professional” means doctor or psychiatrist registered under any enactments governing the profession concerned or a clinical psychologist.]

4A. F50[Authorisa- tion of rifle or pistol clubs or shooting ranges.

4A.— (1) A rifle or pistol club or the owner or operator of a rifle or pistol shooting range shall not allow any firearm or ammunition to be used or stored on the premises of or at the club or shooting range in connection with target shooting unless an authorisation under this section to do so is in force.

• (2) An application for such an authorisation shall be made to the Commissioner in the prescribed form by an officer of the club authorised in that behalf or by the owner or operator of the shooting range.

• (3) The application shall be accompanied by—

• (a) the prescribed fee, and

• (b) in the case of a shooting range, a firearms range certificate which is in force.

• (4) The application form shall contain a copy of any regulations under subsection (13) or of the material part of them.

• (5) The applicant shall supply in writing any further information that the Commissioner may need in the performance of his or her functions under this Act.

• (6) The Commissioner shall grant an authorisation to the applicant for the use and storage of rifles, pistols and ammunition on the premises of the club or shooting range concerned, or on a specified part of those premises, for the purpose of target shooting only if satisfied—

• (a) that their use or storage will not endanger public safety or security or the peace,

• (b) that the club or shooting range is responsibly managed, and

• (c) in the case of a shooting range, that a firearms range certificate in respect of it is in force.

• (7) A decision on the application shall be given within 3 months from the date on which a completed application form was submitted.

• (8) The Commissioner may at any time by notice in writing—

• (a) attach to the authorisation such conditions as he or she thinks necessary for the purpose of securing that the operation of the club or shooting range and the use and storage of rifles, pistols and ammunition on the premises of or at the club or range concerned does not endanger public safety or security or the peace,

• (b) at any time for that purpose vary any of those conditions, and

• (c) require that some or all of them be complied with before a specified date.

• (9) An authorisation which is in force shall continue in force for a period of 5 years from the date on which it was granted, unless revoked, and for any further such period or periods for which it may be renewed.

• (10) A renewal of an authorisation may be applied for within 3 months before the authorisation ceases to be in force.

• (11) The Commissioner may, if no longer satisfied in relation to any of the matters mentioned in paragraphs (a) to (c) of subsection (6), revoke the authorisation of the club or shooting range concerned by notice in writing addressed to the applicant or the person or persons for the time being responsible for its management.

• (12) On receipt of such a notice the person or persons so notified shall forthwith surrender to the superintendent of the district in which the club or range is situated the authorisation and any rifles, pistols or ammunition stored on its premises.

• (13) The Minister, in consultation with the Commissioner, may by regulations specify minimum standards to be complied with by a rifle or pistol club or shooting range before an authorisation under this section may be granted in respect of it.

• (14) The minimum standards shall be determined—

• (a) in the case of a club, by reference to any or all of the following matters:

• (i) security of its premises;

• (ii) membership;

• (iii) management,

• (b) in the case of a shooting range, by reference to any or all of the following matters:

• (i) security of the range;

• (ii) membership;

• (iii) management;

• (iv) design, construction and maintenance;

• (v) types of firearms and ammunition to be used;

• (vi) level of competence of persons using the range.

• (15) For the purpose of ascertaining whether conditions attached to an authorisa-tion under this section are being complied with, a member of the Garda Síochána authorised in that behalf may, on production if required of the authorisation or a copy of it, enter any premises occupied or used by the club or shooting range concerned and inspect the premises and anything in them.

• (16) Any person who by act or omission impedes or obstructs a member of the Garda Síochána in the exercise of the member’s functions under subsection (15) of this section is guilty of an offence and liable on summary conviction to a fine of €1,000 and imprisonment for a term of 3 months or both.

• (17) The Commissioner shall cause a register of clubs and shooting ranges for the time being authorised under this section to be established and maintained.

• (18) It is an offence—

• (a) for a club or the owner or operator of a shooting range—

• (i) to contravene subsection (1) of this section, or

• (ii) without reasonable excuse, not to comply with any conditions attached to an authorisation under this section,

• (b) for a person not to comply with subsection (12) of this section, or

• (c) for a person, without reasonable excuse, to participate in the activities of such a club or shooting range for which an authorisation under this section is not in force.

• (19) In proceedings against a person for an offence under subsection (18)(a)(i) of this section it is a defence to prove that the defendant took reasonable precautions and exercised due diligence to avoid committing the offence.

• (20) A person guilty of an offence under subsection (18) of this section is liable—

• (a) on summary conviction, to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both, and

• (b) on conviction on indictment, to a fine not exceeding €20,000 or imprisonment for a term not exceeding 7 years or both.

• F51[(20A) This section shall not apply to a shooting range owned or operated by the Garda Síochána.]

• (21) In this section—

“firearms range certificate” means a certificate issued under section 4B(3)(a) of this Act;

“rifle or pistol club” means a club established for the purpose of promoting skill in the use of rifles and pistols for target shooting;

“shooting range” does not include a range or shooting gallery referred to in section 2(4)(e) of this Act.]

4AA. F53[Minimum standards for Garda shooting ranges

4AA.— (1) The Minister, after consultation with the Commissioner, may prescribe minimum standards to be complied with by a shooting range owned or operated by the Garda Síochána.

• (2) The minimum standards referred to in subsection (1) shall be determined by reference to any or all of the following matters:

• (a) the security of the range;

• (b) the management of the range;

• (c) the design, construction and maintenance of the range;

• (d) the types of firearms and ammunition to be used at the range;

• (e) the types of shooting practices to be conducted at the range;

• (f) the level of competence of persons using the range.]

4B. F54[Firearms range inspectors.

4B.— (1) The Minister may by warrant appoint such and so many persons as he or she thinks necessary to be firearms range inspectors and may revoke any such appointment.

• (2) It shall be the duty of a firearms range inspector—

• (a) to examine applications for the F55[certification] of rifle and pistol shooting ranges, and

• (b) to inspect rifle and pistol shooting ranges for the purpose of ensuring their compliance with the minimum standards provided for in regulations under F56[section 4A(13) or section 4AA(1)] of this Act.

• (3) After inspecting a rifle or pistol shooting range, an inspector may—

• (a) if satisfied that the range complies with those minimum standards, issue a firearms range certificate in respect of it, and

• (b) if not so satisfied, refuse to issue such a certificate or revoke any such certificate that is in force.

• (4) An inspector who suspects, with reasonable cause, that any place is being used for rifle or pistol target shooting may enter and inspect it.

• (5) The Minister shall issue to each inspector the warrant of appointment, or a copy of it, for production, on request, when an inspector is exercising any power conferred by this section.

• (6) The terms and conditions of appointment of firearms range inspectors shall be determined by the Minister, with the consent of the Minister for Finance.]

4C. F57[Prohibition of practical or dynamic shoot- ing.

4C.— (1) It is an offence for a person to facilitate or engage in the use of a firearm for the purposes of practical or dynamic shooting.

• (2) Subsection (1) does not apply to the facilitation or engagement in the use of a firearm pursuant to an authorisation under section 2(5)(a) of this Act, where the muzzle energy of the firearm is less than 16 Joules.

• F58[(2A) Subsection (1) shall not apply to the facilitation or engagement in the use of a firearm by a member of the Garda Síochána in the performance of his or her duties as such member.]

• (3) A person who is guilty of an offence under this section is liable—

• (a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, and

• (b) on conviction on indictment, to a fine not exceeding €20,000 or imprisonment for a term not exceeding 7 years or both.

• (4) In this section “practical or dynamic shooting” means any form of activity in which firearms are used to simulate combat or combat training.]

4D. F59[Seizure and detention of fire- arms or ammuni- tion by An Garda Síochána in interest of public safety, security or peace

4D. (1) Where a member of An Garda Síochána who is—

• (a) in a public place,

• (b) in any other place—

• (i) under a power of entry authorised by law, or

• (ii) to which he or she was expressly or impliedly invited or permitted to be,

or

• (c) carrying out a search authorised by law,

finds or comes into possession of any firearm or ammunition and has reasonable grounds for suspecting that, in connection with the firearm or ammunition, there is a danger to the public safety, security or the peace, he or she may seize and detain said firearm or ammunition for a period not exceeding 14 days.

• (2) Where a member of An Garda Síochána has seized and detained a firearm or ammunition in accordance with subsection (1), a member of An Garda Síochána not below the rank of superintendent may, before the expiration of the period specified in subsection (1), if he or she is satisfied that—

• (a) there are reasonable grounds for suspecting that the possession, use or carriage of the firearm or ammunition will endanger the public safety, security or the peace, and

• (b) there are sufficient grounds, having regard to paragraph (a), to consider revocation under section 5 of the firearm certificate in respect of the fire-arm or ammunition seized and detained under subsection (1),

authorise the detention of the firearm or ammunition for a further period not exceeding 21 days so that an issuing person may determine whether the firearm certificate should be revoked under section 5.

• (3) A person who obstructs or impedes a member of An Garda Síochána in the exercise of his or her powers under subsection (1) shall be guilty of an offence under this section and shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding six months or to both.

• (4) This section shall not affect any other power, under any enactment or the common law, to seize or detain a firearm or ammunition.

• (5) In this section, “enactment” has the same meaning as it has in the Interpret- ation Act 2005.]

5. F60[Revocation of firearm certific- ates.

5.— (1) An issuing person may at any time revoke a firearm certificate granted by the person if satisfied that the holder of the certificate—

• (a) has not a good reason for requiring the firearm to which the certificate relates,

• (b) is a person who cannot, without danger to the public safety or security or the peace, be permitted to possess a firearm,

• (c) is a person who is declared by this Act to be disentitled to hold a firearm certificate,

• (d) where the firearm certificate limits the purposes for which the firearm to which it relates may be used, is using the firearm for purposes not authorised by the certificate,

• (e) has not complied with a condition attached to the grant of the certificate, or

• (f) where the firearm is authorised to be carried or used by a holder of a firearms training certificate, has, without reasonable excuse, permitted the holder of that certificate to carry or use the firearm while not under his or her supervision.

• (2) The reason for revoking a firearm certificate shall be communicated in writing by the issuing person to the holder of the certificate.

• (3) Where a firearm certificate is revoked or otherwise ceases to be in force, the issuing person may direct in writing that the holder surrender the firearm or ammunition concerned or both to the custody of the superintendent of the district where the holder resides or to a member of the Garda Síochána acting on the superintendent’s behalf.]

5A. F62[Reporting of loss of firearm or ammunition.

5A.— (1) Where a firearm or ammunition is lost (whether by theft or otherwise) after the commencement of this section, the certificate holder to whom the firearm or ammunition relates, shall within three days of becoming aware of the loss, report the loss to the issuing person who granted the certificate.

• (2) A person who fails, without reasonable excuse, to report the loss of a firearm or ammunition in accordance with this section shall be guilty of an offence.

• (3) A person guilty of an offence under this section shall be liable—

• (a) in case the firearm is a restricted firearm or the ammunition is restricted ammunition—

• (i) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, or

• (ii) on conviction on indictment, to a fine not exceeding €20,000 or imprisonment not exceeding 5 years or both,

or

• (b) in any other case—

• (i) on summary conviction, to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both, or

• (ii) on conviction on indictment, to a fine not exceeding €10,000 or imprisonment not exceeding 3 years or both.]

6. Sale of firearm when certificate refused or revoked.

F63[6.—F64[When a firearm certificate is revoked] and the person who is the holder of the certificate has a firearm, with or without ammunition, in his possession in the State at the time of such revocation or where a person has a firearm, with or without ammunition, in his possession in the State but is not the holder of a firearm certificate in respect thereof and such possession is not otherwise authorised under this Act—

• (a) the person shall forthwith deliver the firearm and ammunition (if any) to the Superintendent F65[of the district in which the person resides],

• (b) the Superintendent shall forthwith cause the person to be informed by notice in writing of his right to dispose of the firearm and ammunition (if any) in any manner not contrary to law,

• (c) upon such delivery, the person may dispose of the firearm and ammunition (if any) as aforesaid,

• (d) if the person does not, within three months after the delivery of the firearm and ammunition (if any) to the Superintendent, arrange for its or their disposal in accordance with the provisions of this Act, inform the Superin-tendent of the arrangements and carry out the arrangements, the Superin-tendent may send to the person by post to his last known address a notice informing him that unless arrangements of the kind aforesaid are made, communicated to the Superintendent and carried out within one month after the date on which the notice is sent, the firearm and ammunition (if any) will be sold or destroyed,

• (e) if within one month after the date on which the notice aforesaid is sent, arrangements of the kind aforesaid are not made, communicated to the Superintendent and carried out, the Superintendent may cause the firearm and ammunition (if any) to be sold and shall, as soon as may be, cause the proceeds of the sale to be paid to the person,

• (f) the Superintendent may cause to be destroyed any firearm or ammunition that has been offered for sale under paragraph (e) of this section and has not been sold if, in the opinion of the Superintendent, the firearm or ammunition is unlikely to be sold if offered for sale again and shall send to the person by post to his last known address a notice informing him of such destruction,

• (g) where the address of the person is unknown or the Superintendent is of opinion that notices as aforesaid would not be understood by the person, the Superintendent may, at his discretion, send the notices by post or otherwise give them to any member of the family of the person or to such other person, if any, as he may, in the particular circumstances, think appropriate.]

7. Permit to bring firearm ashore.

7.—(1) Where a person has a firearm in his possession on board ship as part of the equipment of the ship, any superintendent of the Gárda Síochána may, if he thinks fit so to do, and subject to the provisions of this Act, issue to such person a permit to bring such firearm ashore for repair and to have such firearm repaired at any specified place in Saorstát Eireann.

• (2) Every permit issued under this section shall remain in force only for such period (not exceeding in any case one month) from the date of the issue thereof as shall be nominated by the person applying for the permit and approved by the superintendent issuing the same and specified by him in the permit.

8. Persons disen- titled to hold a firearm certific- ate or a permit.

8.—(1) The following persons are hereby declared to be disentitled to hold a firearm certificate, that is to say:—

• (a) any person under the age of F67[sixteen years], and

• (b) any person of intemperate habits, and

• (c) any person of unsound mind, and

• F68[(d) any person who has been sentenced to imprisonment for—

• (i) an offence under the Firearms Acts 1925 to 2006, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005, or

• (ii) an offence under the law of another state involving the production or use of a firearm,

and the sentence has not expired or it expired within the previous 5 years,

• (e) any person who is bound by a recognisance to keep the peace or be of good behaviour, a condition of which is that the person shall not possess, use or carry any firearm or ammunition, and

• (f) any person not ordinarily resident in the State (except a person who is temporarily so resident) for a period of 6 months before applying for a firearm certificate.]

• (2) Any person who is by virtue of this section disentitled to hold a firearm certificate shall also be disentitled to hold a permit under this Act in relation to any firearm or ammunition.

9. Register of fire- arms dealers to be kept.

9.—(1) The Minister shall cause a register of firearms dealers to be established and kept.

• (2) Every person, who, immediately before the expiration of the Firearms (Temporary Provisions) Act, 1924 (No. 9 of 1924), as continued by the Firearms (Temporary Provisions) (Continuance) Act, 1925, is registered in the register of firearms dealers kept in pursuance of regulations made under that Act shall be entitled at any time before the expiration of that Act to apply in accordance with the provisions of this section for registration in the register of firearms dealers to be established under this section, and every such person who so applies and pays the fee (if any) for the time being required by law shall be entitled to be registered in the last-mentioned register as on and from the commencement of this Act.

• (3) Any person who, after the commencement of this Act, applies in accordance with the provisions of this section to be registered in the register of firearms dealers and pays the fee (if any) for the time being required by law and satisfies the Minister that he is immediately about to carry on business as a firearms dealer in Saorstát Eireann in premises suitable for that business, may be registered in such register, but when considering any such application for registration the Minister shall have regard to the character of the applicant, F69[...] and generally to the public safety and the preservation of the peace.

• F70[(4) The registration of a person in the register of firearms dealers shall continue in force for a period of 3 years from the date of the registration, unless previously revoked and, if renewed, for a further period of 3 years from the expir-ation of that period or, as the case may be, of any subsequent such period for which the registration was renewed.]

• (5) Every registered firearms dealer shall be entitled to renew his registration in the register of firearms dealers at any time within one month before the expiration of his existing registration or renewal on application therefor in accordance with the provisions of this section and payment of the fee (if any) for the time being required by law.

• (6) Every application for registration in the register of firearms dealers or for renewal of such registration shall be made to the Minister in the prescribed form and manner and shall contain the prescribed particulars.

• (7) Every person registered in the register of firearms dealers shall be entitled on such registration and on every renewal thereof to obtain from the Minister a certificate in writing of such registration or renewal.

• F71[(8) Registration (including registration in pursuance of a renewal of a previous registration) of a person in the register of firearms dealers may, at the discretion of the Minister, be made subject to the condition that the person shall not deal in firearms or deal in ammunition otherwise than by the sale and purchase of ammunition for shotguns, for unrifled airguns and for rifled firearms of a calibre not exceeding.22 inches, and a person whose registration in the register of firearms dealers is made subject to the condition aforesaid and who fails to comply with it shall, notwithstanding anything contained in section 10 (1) of this Act, be guilty of an offence under this Act.

• (9) In any proceedings a certificate under the seal of the Minister stating that the registration of a person in the register of firearms dealers was subject, on a specified day or during a specified period, to the condition referred to in subsection (8) of this section shall be evidence of that fact unless the contrary is proved.]

• F72[(10) The Minister, after consultation with the Commissioner, may by regula-tions specify minimum standards to be complied with in relation to premises in which a firearms dealer carries on business or proposes to do so.

• (11) The minimum standards shall be determined by reference to—

• (a) the security of the premises,

• (b) their safety, and

• (c) their standard of construction,

and having regard to their use for, as the case may be, the manufacture, repair, testing, proving or sale of firearms or ammunition.

• (12) Applicants for renewal of registration shall satisfy the Minister that their premises comply with the minimum standards specified in any regulations under subsection (10) of this section.

• (13) Without prejudice to subsection (3) of this section, the following persons are declared to be disentitled to be registered in the register of firearms dealers:

• (a) a person under the age of 21 years;

• (b) a person of unsound mind;

• (c) a person who has been sentenced to imprisonment for an offence under the Firearms Acts 1925 to 2006, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005;

• (d) a person who is bound by a recognisance to keep the peace or be of good behaviour, a condition of which is that the person shall not possess, use or carry a firearm or ammunition.]

9A. F73[Tax clear- ance.

9A.— (1) In this section—

“Act of 1997” means the Taxes Consolidation Act 1997;

“Collector-General” means the Collector-General appointed under section 851 of the Act of 1997;

“tax clearance certificate” means a certificate under section 1095 (as substituted by section 127(b) of the Finance Act 2002) of the Act of 1997.

• (2) The Minister shall refuse to register a person in the register of firearms dealers or renew any such registration in respect of that person if that person is a person in relation to whom a tax clearance certificate is not in force.

• (3) The Minister may nevertheless register a person in the register of firearms dealers or renew any such registration in respect of that person if—

• (a) the person has, at least four months before applying for such registration or renewal, applied for a tax clearance certificate and it has been refused and an appeal against the refusal has been made under section 1094(7) of the Act of 1997 but not determined, and

• (b) the Minister would, but for subsection (2), have registered that person in the register of firearms dealers or renewed any such registration in respect of the person.

• (4) Where an appeal referred to in subsection (3) is made but is not successful, any registration or renewal of registration under that subsection shall expire 7 days after the appeal is determined or, where appropriate, finally determined.

• (5) The Collector-General shall notify the Minister of any appeal against a refusal of an application for a tax clearance certificate and of the determination or, as appropriate, final determination of any such appeal.]

10. Restrictions on manufacture and sale of firearms.

10.—(1) On and after the commencement of this Act it shall not be lawful for any person to manufacture, sell, repair, test, or prove, or expose for sale, or have in his possession for sale, repair, test, or proof, by way of trade or business, any firearm or ammunition unless such person is registered in the register of firearms dealers.

• F74[(1A) Subsection (1) shall not apply to a person engaged in the State in trade or business as a broker (within the meaning of the European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022)) provided that —

• (a) he or she stands registered in the register of brokers (within the meaning of those Regulations), and

• (b) he or she does not have in his or her possession any firearm or ammunition in respect of which he or she is engaged in trade or business as a broker.]

• (2) It shall not be lawful for F75[any person] to sell to any person (other than a registered firearms dealer or a person officially authorised) any firearm or ammunition, unless at the time of such sale the person to whom such firearm or ammunition is sold—

• (a) produces a firearm certificate authorising him to purchase or hire (as the case may be) such firearm or ammunition, or

• (b) proves to the satisfaction of F75[such person] that he is by virtue of this Act entitled to have possession of such firearm or ammunition without having a firearm certificate therefor.

• (3) It shall be the duty of every person who sells a firearm or ammunition to any person (other than a registered firearms dealer or a person officially authorised)—

• (a) to comply with the instructions (if any) addressed to such seller contained in the firearm certificate produced at the time of such sale by the person to whom such firearm or ammunition is sold, and

• (b) in the case of a sale of a firearm within forty-eight hours after such sale to send by registered post notice thereof to the superintendent of the Gárda Síochána of the district in which the firearm certificate aforesaid was granted.

• F76[(3A)
• (a) A person shall not sell, transfer or otherwise dispose of a firearm or ammunition for a firearm to a person who habitually resides, or to a body at an address, in a country that stands prescribed for the time being for the purposes of this section unless the superintendent of the Garda Síochána of the district in which the firearm or ammunition is kept, being satisfied that the transaction is authorised by the competent authorities of that country, also authorises it.

• (b) This subsection is without prejudice to the other provisions of this section and to section 16 of this Act but subsection (4) of that section does not apply to a firearm or ammunition for a firearm carried by a person from the State for the purpose of transferring it permanently to such a country as aforesaid.

• (c) In this subsection “firearm“ does not include a firearm specified in paragraph (c) or (d) (or in paragraph (f) or (g) so far as either of those paragraphs relates to the said paragraph (c) or (d)) of section 4 (1) of the Firearms and Offensive Weapons Act, 1990.]

• F77[(4) It shall not be lawful for any registered firearms dealer to return to any person a firearm or ammunition given to the dealer for repair, test or proof unless the person—

• (a) produces a firearm certificate authorising him to have possession of the firearm or ammunition, or

• (b) proves to the satisfaction of the dealer that he is entitled to have possession of the firearm or ammunition without having a firearm certificate therefor, and.]

• F78[(4A) It is an offence for—

• (a) a registered firearms dealer (notwithstanding subsection (1) of this section),

• (b) a person engaged in the business of carrying or warehousing goods for reward, or

• (c) an auctioneer who stands authorised under section 13 of the Firearms Act 1964,

to possess, use, carry, sell or expose for sale a restricted firearm in the ordinary course of business, unless authorised to do so by an authorisation under this section which is in force.

• (4B) Application for such an authorisation shall be made to the Minister in the prescribed form by a person mentioned in subsection (4A) and be accompanied by the prescribed fee (if any).

• (4C) The applicant shall supply in writing any further information that the Minister may require in the performance of his or her functions under this section.

• (4D) An application for renewal of an authorisation may be made within 3 months before it ceases to be in force.

• (4E) An application for an authorisation or its renewal shall be refused if granting it would, in the opinion of the Minister, prejudice public safety or security.

• (4F) A decision on an application for an authorisation or its renewal shall be given within 3 months from the date on which the applicant submitted a completed application form.

• (4G) An authorisation under this section which is in force shall, unless earlier revoked, continue in force for a period of 3 years from the date on which it was granted and, if renewed, for a further period of 3 years from the expiration of that period or, as the case may be, of any subsequent such period for which the authorisation was renewed.]

• (5) Every person who contravenes any of the provisions of this section shall be guilty of an offence under this Act and shall be punishable accordingly.

• (6) In this section—

• (a) the expression “a person officially authorised” means a person authorised by the Minister for Defence to effect the transaction in question for the purposes of the Defence Forces of Saorstát Eireann or authorised by the Minister to effect the transaction in question for the purposes of any lawful police force in Saorstát Eireann, and

• (b) the word “sell” includes letting on hire F79[, giving] and lending and the word “purchase” includes hiring F79[, receiving] and borrowing, and cognate words shall be construed accordingly.

• F80[(7) The references in subsections (2) and (3) of this section to a registered firearms dealer shall, in relation to a sale of any firearm or ammunition, be construed as references to a registered firearms dealer for whom it is lawful to purchase that firearm or ammunition by way of trade or business.]

10A. F83[Reloading of ammunition.

10A.—F84[...]]

11. Removal of names from register of fire- arms dealers.

11.—(1) The Minister may at the request of any person who is registered in the register of firearms dealers remove the name of such person from the register aforesaid.

• (2) If and when the Minister is satisfied that any person who is registered in the register of firearms dealers—

• (a) no longer carries on business as a firearms dealer, or

• (b) no longer has a place of business as such firearms dealer in Saorstát Eireann, or

• (c) cannot any longer be permitted to carry on such business without danger to the public safety or to the peace, or