Firearms Act , 1925

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 2021^1on 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 harmonisation 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,

(f) any article which would be a firearm under any of the foregoing paragraphsor 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;

"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 F7[under this section].

F8[(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.]

F9[(2B)F10[…]]

(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 F11[or by a member of the civilian staff of the Garda Síochána, in the performance of] his duty as such member;

F12[(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 warehousing 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 F13[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 F15[the Firearms Act 1964] or by an employee of such an auctioneer in the ordinary course of business as an auctioneer,

F16[(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,

F17[(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.

F18[(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.]

F19[(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) F20[, (h)] F21[, (j) or (k)] of subsection (4) of this section F22[, 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 F23[…] 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.

F24[(6) In subsections (3)(g) and (4) (other than paragraphsF25… and (k)), references to a firearm or ammunition do not include references to a restricted firearm or restricted ammunition.]

F26[(7) The superintendent of any district may authorise the Board of the National Museum in writing to possess for a specified periodF27[(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 theNational Cultural Institutions Act 1997.]

2A. Firearms training certificate.

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 F30[or a firearm to which section 2D(2)F31[…]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. 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. 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,