FIREARMS ACT, 1925

• F85[(d) has become a person who is declared under section 9(13) of this Act to be disentitled to be registered in the register of firearms dealers,]

the Minister may remove the name of such person from the register aforesaid.

• F86[(2A) If and when the Minister is satisfied that any person who is registered in the register of firearms dealers and whose registration is subject to the condition referred to in section 9 (8) of this Act has failed to comply with the condition, the Minister may remove the name of such person from the register aforesaid.]

• F87[(3) A person whose name is removed under this section from the register of firearms dealers shall, on such removal, forthwith deliver up to the Minister—

• (a) the person’s certificate of registration or renewal, and

• (b) the register kept by the person under subsection (1) of section 12 of this Act.

• (4) A person who contravenes subsection (3) of this section is guilty of an offence and on summary conviction is liable to a fine not exceeding €3,000.]

12. Register to be kept by firearms dealer.

12.—(1) It shall be the duty of every registered firearms dealer to keep or cause to be kept a register of all purchases, hirings, sales, repairs, and other transactions of or in relation to firearms or ammunition made by him, and within twenty-four hours after every such transaction to enter or cause to be entered in such register the prescribed particulars in respect of such transaction.

• (2) Where the particulars required by this section to be entered in the register aforesaid in respect of any transaction are not known to the firearms dealer it shall be his duty at or before the completion of such transaction to demand such particulars from the person with whom the transaction takes place and it shall be the duty of such person on such demand to furnish such particulars accordingly.

• (3) Every register kept in pursuance of this section may be inspected at all reas-onable times by any member of the Gárda Síochána or any officer of customs and excise for any purpose arising out of or in connection with this Act or any regulation made thereunder, and it shall be the duty of the firearms dealer by or for whom such register is kept to produce for the inspection of such member of the Gárda Síochána or such officer of customs and excise on demand such register and also all invoices, consignment notes, receipts, and other documents (including copies thereof where the originals are not available) reasonably demanded by such member or officer for the purpose of verifying any entry in or explaining any omission from such register.

• (4) If any registered firearms dealer—

• (a) fails to keep or cause to be kept such register as is required by this section, or

• (b) fails to make or cause to be made in such register within the time prescribed by this section any entry required by this section to be made therein, or

• (c) makes or permits to be made in such register any entry which is to his knowledge false or misleading in any material respect,

he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F88[€3,000].

• (5) If any person required by this section to furnish any particulars to a registered firearms dealer refuses so to furnish such particulars or furnishes any such particulars which are to his knowledge false or misleading in any material respect, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F88[€1,500].

• (6) For the purposes of this section—

• (a) inspection of a register or document shall include taking copies or extracts therefrom, and

• (b) a demand for inspection of a register or other document shall be deemed to have been duly made by a member of the Gárda Síochána or an officer of customs and excise if such demand is made verbally on the premises on which such register or document is kept to the manager, secretary, book-keeper, or other member of the clerical staff of such premises, and

• (c) a refusal or failure to produce a register or other document for inspection if made or committed on any premises in which, the registered firearms dealer carries on business as such dealer by a person in his employment shall be deemed to have been committed by the registered firearms dealer.

13. Inspection of stock of firearms dealer.

13.—(1) Any member of the Gárda Síochána may at all reasonable times enter the premises of any registered firearms dealer and there inspect any firearms and ammunition and any materials used in the manufacture, repair, test, or proof thereof found on such premises.

• (2) Every person who shall obstruct or impede any member of the Gárda Síochána in the exercise of any of the powers conferred on him by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F89[€1,000 or imprisonment for a term not exceeding 6 months or both].

14. Prohibition of manufacture and possession, etc., of weapons discharging noxious liquids.

14.— F90[...]

14A. F91[Offences regarding altera- tion of marking of firearms

14A. (1) A person who, unless—

• (a) permitted by the Firearms Acts 1925 to 2023, or

• (b) otherwise in accordance with law,

intentionally falsifies, removes, or otherwise obliterates or alters the marking of a firearm shall be guilty of an offence.

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

• (a) if the firearm referred to in subsection (1) is a restricted firearm—

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

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

or

• (b) in any other case—

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

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

• (3) In this section—

“Act of 1968” means the Firearms (Proofing) Act 1968;

“marking of a firearm” means—

• (a) a mark to which section 4(1)(a) of the Act of 1968 refers,

• (b) a mark to which section 4(1)(b) of the Act of 1968 refers,

• (c) a mark to which section 3(12) refers,

• (d) a mark provided for by regulations made in accordance with section 26A(c),

• (e) a mark to which Article 5 of Commission Implementing Regulation (EU) 2015/2403 of 15 December 2015¹ establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable, as amended by Article 1(3) of Commission Implementing Regulation (EU) 2018/337 of 5 March 2018² amending Implementing Regulation (EU) 2015/2403 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable, refers,

• (f) a mark to which Regulation 5 of the Principal Regulations refers,

• (g) a mark to which Regulation 6 of the Principal Regulations refers, or

• (h) a mark to which Regulation 7 of the Principal Regulations refers;

“Principal Regulations” means the European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 ( S.I. No. 209 of 2022).]

15. F92[Possession of firearms with intent to endanger life.

15.— (1) Any person who possesses or controls any firearm or ammunition—

• (a) with intent to endanger life or cause serious injury to property, or

• (b) with intent to enable any other person by means of the firearm or ammunition to endanger life or cause serious injury to property,

shall, whether any injury to person or property has or has not been caused thereby, be guilty of an offence.

• (2) A person guilty of an offence under this section is liable on conviction on indictment—

• (a) to imprisonment for life or such shorter term as the court may determine, subject to subsections (4) to (6) of this section F93[...], and

• (b) at the court’s discretion, to a fine of such amount as the court considers appropriate,

and the firearm or ammunition concerned shall be forfeited.

• (3) The court, in imposing sentence on a person for an offence under this section, may, in particular, have regard to whether the person has a previous conviction 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.

• (4) Where a person (except a person under the age of 18 years) is convicted of an offence under this section, the court shall, in imposing sentence, specify a term of imprisonment of not less than 10 years as the minimum term of imprisonment to be served by the person.

• F94[(4A) The purpose of subsections (5) and (6) of this section is to provide that in view of the harm caused to society by the unlawful possession and use of firearms, a court, in imposing sentence on a person (except a person under the age of 18 years) for an offence under this section, shall specify as the minimum term of imprisonment to be served by the person a term of not less than 10 years, unless the court determines that by reason of exceptional and specific circumstances relating to the offence, or the person convicted of it, it would be unjust in all the circumstances to do so.]

• (5) Subsection (4) of this section does not apply where the court is satisfied that there are exceptional and specific circumstances relating to the offence, or the person convicted of it, which would make a sentence of imprisonment of not less than 10 years unjust in all the circumstances, and for this purpose the court may F95[, subject to subsection (6),] have regard to any matters it considers appropriate, including—

• (a) whether the person pleaded guilty to the offence and, if so—

• (i) the stage at which the intention to plead guilty was indicated,

• (ii) the circumstances in which the indication was given,

and

• (b) whether the person materially assisted in the investigation of the offence.

• (6) The court, in considering for the purposes of subsection (5) of this section whether a sentence of not less than 10 years imprisonment is unjust in all the circumstances, may have regard, in particular, to—

• (a) whether the person convicted of the offence has a previous conviction 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, and

• (b) whether the public interest in preventing the unlawful possession or use of firearms would be served by the imposition of a lesser sentence.

• (7) F93[...]

• (8) F93[...]

• (9) Section 27C of the Firearms Act 1964 applies in relation to proceedings for an offence under this section and to any minimum term of imprisonment imposed under subsection (4) or (8) of this section in those proceedings.]

15A. F96[Appeal to District Court.

15A.— (1) An appeal may be made to the District Court by a person aggrieved by any of the following decisions made by an issuing person:

• (a) to refuse to grant a firearms training certificate under section 2A of this Act;

• (b) to refuse to grant or renew a firearm certificate under section 3 of this Act;

• (c) to refuse to grant or renew an authorisation for a rifle or pistol club or shooting range under section 4A of this Act;

• (d) to revoke a firearm certificate under section 5 of this Act;

• (e) to refuse to register a person, or to renew a registration, in the register of firearms dealers under section 9 of this Act;

• (f) to grant or renew an authorisation under section 10 of this Act;

• (g) to remove the name of a person from the register of firearms dealers under section 11 of this Act;

• (h) to refuse to grant a licence under section 10A of this Act;

• (i) to refuse to grant an authorisation under section 16(1) of this Act;

• (j) to refuse to grant a licence for the import of firearms or ammunition or a prohibited weapon under section 17 of this Act or to vary such a licence or conditions named in it;

• (k) to refuse to renew a firearm certificate under section 9 of the Firearms Act 1964; or

• (l) to refuse to grant a firearm certificate, or to revoke such a certificate, under section 2 of the Firearms (Firearm Certificate for Non-Residents) Act 2000.

• (2) An appeal shall be made within 30 days of receipt of notice of the decision concerned.

• (3) On the appeal the Court may—

• (a) confirm the decision,

• (b) adjourn the proceedings and direct the issuing person to reconsider the decision in the light of the appeal proceedings, or

• (c) allow the appeal.

• (4) Where the appeal is allowed, the issuing person shall give effect to the Court’s decision.

• (5) For the purposes of this section—

• (a) an issuing person—

• (i) who is required under section 3(9), 4A(7) or 10(4F) to decide on an application within a specified period, and

• (ii) who does not so decide,

is deemed to have decided to refuse to grant the application,

• (b) the applicant is deemed to have received notice of the decision on the expiration of that period, and

• (c) as the case may be, section 3(10) does not apply in relation to the application.

• (6) The jurisdiction conferred on the District Court by this section shall be exercised by the judge of that Court assigned to the district in which the appellant resides or carries on business.]

16. Restriction on export or removal of firearms or ammunition.

16.—(1) It shall not be lawful for any person to consign—

• (a) for export from Saorstát Eireann, or

• (b) for removal from one place in Saorstát Eireann to another such place,

any firearm or ammunition, unless such export or removal is authorised in writing by the superintendent of the Gárda Síochána of the district from which such firearm or ammunition is consigned for export or removal.

• (2) Every person who consigns for export or removal as aforesaid any firearm or ammunition contrary to the provisions of this section shall be guilty of an offence under this Act and shall be punishable accordingly.

• (3) Upon the conviction of any person of the offence of contravening the provisions of this section, the court may, where the person so convicted is the owner of any firearm or ammunition the subject of such offence, in addition to any other punishment awarded under this Act, make such order as to the forfeiture of such firearm or ammunition as the court thinks fit.

• (4) The offence of contravening the provisions of this section shall not be deemed to have been committed by the holder of a firearm certificate carrying with him from or in Saorstát Eireann F97[or consigning for export] the firearm or any ammunition authorised by such certificate to be carried by the holder thereof.

• (5) This section shall not apply to any consignment of any firearm or ammunition belonging to or purchased or intended for the use of the Defence Forces of Saorstát Eireann or any lawful police force in Saorstát Eireann.

17. Restrictions on the import of firearms, prohib- ited weapons and ammunition.

17.—(1) No person shall import into Saorstát Eireann any firearm, ammunition, or prohibited weapon unless such import is authorised by a continuing licence granted under this section and in force at the time, or by an occasional licence granted under this section and relating to the specific firearm, ammunition or prohibited weapon so imported.

• (2) F100[...]

• (3) A continuing licence to import firearms or ammunition may on application in the prescribed manner be granted by the Minister if he thinks fit so to do to any registered firearms dealer, and every such continuing licence shall operate and be expressed to authorise the importation into Saorstát Eireann of firearms and ammunition generally or of any specified class or classes of firearms and ammunition through the port, by the registered dealer, during the period F101[...], and subject to the conditions named in such licence.

• (4) An occasional licence to import into Saorstát Eireann a firearm, with or without ammunition therefor, may, on application in the prescribed manner be granted by the Minister to any person who holds or could be granted a firearm certificate for the firearm and ammunition (if any) in respect of which the occasional licence is sought or is a registered firearms dealer and every such occasional licence shall operate and be expressed to authorise the importation into Saorstát Eireann of the firearm and the quantity of ammunition (if any) specified in such licence through the port, by the person, within the time F101[...], and subject to the conditions named in such licence.

• F102[(4A) Notwithstanding subsections (1) to (4) of this section, a licence for importing a firearm, ammunition or prohibited weapon may not be granted unless—

• (a) the applicant has a good reason for importing it,

• (b) granting the licence would not prejudice public safety or security, and

• (c) if the application relates to a restricted firearm or restricted ammunition, the applicant—

• (i) if a registered firearms dealer, possesses an authorisation under section 10 of this Act, or

• (ii) in any other case, is the holder of a restricted firearm certificate in respect of the firearm or ammunition concerned, which is in force.

• (4B) An applicant for a licence under this section shall supply in writing any further information that the Minister may require in the performance of his or her functions under this section.

• (4C) The reason for refusing an application for a licence under this section or for its renewal shall be communicated in writing to the applicant.]

• (5) Every continuing licence granted by the Minister under this section may be varied or revoked by the Minister at any time before its expiration.

• (6) If any person imports into Saorstát Eireann a firearm or prohibited weapon or any ammunition without or otherwise than in accordance with a licence under this section authorising such importation or, in the case of ammunition, in quantities in excess of those so authorised, or fails to comply with any condition named in a licence granted to him under this section, he shall be guilty of an offence under this Act and shall be punishable accordingly.

• (7) The possession of a licence granted under this section shall not relieve from the obligation to obtain or hold any certificate, permit, or authority required by any other provision of this Act.

• (8) This section shall not apply to the importation into Saorstát Eireann of any firearms, ammunition or prohibited weapon which is so imported under the authority of the Minister for Defence for the use of the Defence Forces of Saorstát Eireann or under the authority of the Minister for the use of any lawful police force in Saorstát Eireann.

18. Powers of officers of customs and excise.

18.—Officers of customs and excise shall have the like powers in relation to any firearms and ammunition the import, export or removal of which is prohibited or restricted by this Act as such officers have by law in relation to other articles, the import or export of which is prohibited or restricted by law.

19. Powers and duties of F105[employees of a postal service].

19.—Any F105[employee of a postal service] may detain and examine and if necessary open for that purpose any postal packet known to him to contain or suspected by him of containing a firearm or prohibited weapon or any ammunition, and if a postal packet so detained contains a firearm or prohibited weapon or any ammunition the F105[employees of the said postal service] shall make such inquiries in regard thereto as they think proper, and shall dispose of the packet and the contents thereof (including the firearm, prohibited weapon, or ammunition) in accordance with the instructions of the Minister for Justice, or any superintendent of the Gárda Síochána, and may detain the said packet and contents pending the making of such inquiries and the receipt of such instructions.

20. Prohibition of taking firearms or ammunition in pawn.

20.—F106[...]

21. Gárda Síochána may search for and seize certain firearms, etc.

21.—(1) Any member of the Gárda Síochána may at all reasonable times enter upon and have free access to the interior of—

• (a) any premises used for the manufacture, sale, repair, test, or proof of firearms or ammunition, or

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

• (c) any warehouse or other premises of any person engaged in the business of warehousing goods for reward, or

• (d) any pier, quay, wharf, jetty, dock, or dock premises, or

• (e) any ship, boat, railway waggon, motor, lorry, cart, or other vessel or vehicle used for the conveyance of goods.

• (2) Any member of the Gárda Síochána may inspect any firearms or ammunition, or any case, box or package found by him in any place entered by him under the authority of this section or upon or in any public place, and may open any such case, box, or package which he reasonably believes or suspects to contain firearms or ammunition, and may seize any firearms or ammunition found in any such place as aforesaid and which he reasonably believes or suspects are being imported into or exported from Saorstát Eireann or are being or have been removed from one place to another in Saorstát Eireann in contravention of the provisions of this Act F107[, and may seize any firearms found in any such place to which a mark, being a mark mentioned in section 4 (1) (a) or 4 (1) (b) of the Firearms (Proofing) Act, 1968, has not been applied and in relation to which he reasonably believes or suspects that a breach of an order under the said section 4 has occurred].

• (3) It shall be the duty of every person having custody or control of any firearms or ammunition in any such place as is mentioned in sub-section (1) of this section or upon or in any public place on demand by a member of the Gárda Síochána to afford such member all reasonable facilities for the inspection of such firearms and ammunition and to produce to such member on demand by him any documents in his possession relating to such firearms or ammunition.

• (4) If any person—

• (a) obstructs or impedes any member of the Gárda Síochána in the exercise of any of the powers conferred on him by this section, or

• (b) knowing the name or other particulars of the consignor, consignee, or owner of any firearms or ammunition or of any case, box, or package which such member is entitled to inspect under this section, refuses to give such name or other particulars to such member, or

• (c) wilfully or recklessly gives to such member any false or misleading name or other particular of any such consignor, consignee, or owner,

such person shall be guilty of an offence under this section and shall be F108[liable on summary conviction to a fine not exceeding €1,000 or imprisonment for a term not exceeding 6 months or both].

• (5) Where any firearms or ammunition are seized by a member of the Gárda Síochána under this section it shall be the duty of such member to notify the owner or the consignor or consignee (if and so far as their names and addresses are known to or can reasonably be ascertained by him) of such seizure.

• F109[(6) Where a firearm or ammunition is seized under this section or under section 22 of this Act and a prosecution for an offence under this Act in relation to the firearm or ammunition is not instituted, the firearm or ammunition shall be—

• (a) returned to the person who is the owner, consignor or consignee thereof, as may be appropriate F110[(other than where the firearm or ammunition concerned is a prohibited firearm or prohibited ammunition, as the case may be, or a firearm or ammunition the acquisition or possession of which is prohibited by section 2D F111[...])], or disposed of, subject to the provisions of this Act, in accordance with the directions of such person, or

• (b) made the subject of an application to the District Court under the Police (Property) Act, 1897, and disposed of in accordance with the terms of the order made by the District Court under that Act in relation to the applica-tion.]

22. Powers of members of Gárda Síochána.

22.—(1) Any member of the Gárda Síochána may demand from any person whom he observes or believes to be in possession of, using, or carrying a firearm or any ammunition, the production of his firearm certificate and if such person fails to produce and permit such member to read a firearm certificate authorising him to have possession of, use, or carry (as the case may require) such firearm or ammunition, such member of the Gárda Síochána may unless such person shows that he is entitled by law to have possession of, use, or carry (as the case may require) at that time and in that place such firearm or ammunition without having a firearm certificate therefor demand from such person his name and address.

• (2) If any person, on demand being made to him under this section by a member of the Gárda Síochána, refuses to give to such member his name and address or gives a name or address which is false or misleading in any material particular, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F112[€1,000].

• (3) Any member of the Gárda Síochána may arrest without warrant any person who, on demand being made under this section, refuses to give his name and address or gives a name or address which the member of the Gárda Síochána demanding the same knows or suspects to be false or misleading in any material particular.

• (4) In addition to any other powers conferred on him under this Act or otherwise, any member of the Gárda Síochána may stop and search and may also arrest without warrant any person whom he believes to be in possession of or to be using or carrying a firearm or ammunition in contravention of any of the provisions of this Act, and may search any such person, and, whether arresting him or not, may seize and detain any firearm or ammunition in his possession or used or carried by him.

23. Forfeiture of fire- arms, etc., in certain cases.

23.—(1) Where any person is convicted of an offence under this Act, or is convicted of any crime for which he is sentenced to penal servitude or imprisonment, or is ordered to be subject to police supervision, or is ordered to enter into a recogniz-ance to keep the peace or to be of good behaviour, a condition of which is that the offender shall not possess, use, or carry a firearm, the court before whom such person is convicted or by whom the order is made F113[may, in accordance where applicable with regulations made under section 26A, make] such order as to the forfeiture or disposal of any firearm, prohibited weapon, or ammunition found in the possession of such person, or used or carried by him, as the court shall think fit and may cancel any firearm certificate held by such person.

• (2) Where the court cancels a firearm certificate under this section, it shall cause notice of such cancellation to be sent forthwith to the superintendent of the Gárda Síochána of the area in which the certificate was granted.

24. Search orders.

24.—F115[(1) If a judge of the District Court is satisfied by information on oath of a member of the Garda Síochána not below the rank of sergeant that there are reasonable grounds for suspecting that evidence of, or relating to, the commission of an offence under this Act is to be found in any place, the judge may issue a warrant for the search of that place and any persons found at that place.

• (1A) Subject to subsections (1B) and (1C), if a member of the Garda Síochána not below the rank of superintendent is satisfied that there are reasonable grounds for suspecting that evidence of, or relating to, the commission of an offence under this Act is to be found in any place, the member may issue to a member of the Garda Síochána not below the rank of sergeant a warrant for the search of that place and any persons found at that place.

• (1B) A member of the Garda Síochána not below the rank of superintendent shall not issue a search warrant under this section unless he or she is satisfied—

• (a) that the search warrant is necessary for the proper investigation of an offence under this Act, and

• (b) that circumstances of urgency giving rise to the need for the immediate issue of the search warrant would render it impracticable to apply to a judge of the District Court under this section for the issue of the warrant.

• (1C) A member of the Garda Síochána not below the rank of superintendent may issue a search warrant under this section only if he or she is independent of the investigation of the offence in relation to which the search warrant is being sought.]

• (2) A F115[search warrant] issued under this section shall authorise the member of the Gárda Síochána named therein to enter the place or premises to which the order relates at any time F115[within, if the warrant is issued by a judge of the District Court, one week, and if the warrant is issued by a member of the Garda Síochána not below the rank of superintendent, 48 hours,] after the issuing of such F115[search warrant], and if need be by force, and to inspect the place or premises so entered, and to take the names and addresses of any persons found therein, and if the premises are premises of a firearms dealer, to seize any books and papers relating to the business of such firearms dealer.

• (3) Any member of the Gárda Síochána making a search under a F115[search warrant] may arrest without warrant any person found in the place or on the premises to which the F115[search warrant] relates whom he has reason to believe to be guilty of an offence under this Act.

• F116[(4) The power to issue a search warrant under this section is without prejudice to any other power conferred by statute to issue a warrant for the search of any place or person.

• (5) A member of the Garda Síochána not below the rank of superintendent who issues a search warrant under this section shall, either at the time the warrant is issued or as soon as reasonably practicable thereafter, record in writing the grounds on which the warrant was issued, including how he or she was satisfied as to the matters referred to in subsection (1B).

• (6) In this section—

“independent of”, in relation to the investigation of an offence, means not being in charge of, or involved in, that investigation;

“place” includes—

• (a) a dwelling or a part thereof,

• (b) a building or a part thereof,

• (c) a vehicle, whether mechanically propelled or not,

• (d) a vessel, whether sea-going or not,

• (e) an aircraft, whether capable of operation or not, and

• (f) a hovercraft.]

25. F117[Punish- ments.

25.— Any person who commits an offence under this Act in respect of which no other punishment is provided is liable in respect of each such offence—

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

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

25A. F118[Surrender of firearms and offensive weapons.

25A.— (1) The Minister may by order appoint a specified period during which a person may surrender at any Garda station or at any other place approved for the purpose by a superintendent of the Garda Síochána any of the following weapons:

• (a) a firearm;

• (b) a flick-knife;

• (c) a weapon of offence.

• (2) When surrendering a weapon during the specified period, the person—

• (a) shall give his or her name, address and proof of identity to a member of the Garda Síochána at the Garda Síochána station or place concerned, and

• (b) shall be informed by the member that the weapon and any thing in which it was surrendered may be forensically examined or tested.

• (3) Proceedings for an offence shall not be instituted against any person who surrenders a weapon under this section if—

• (a) in the case of a firearm, the offence consists only in the possession, carrying and use (other than in the commission of another offence) of the firearm without being the holder of a firearm certificate, in contravention of section 2 of this Act, or

• (b) in the case of a flick-knife or other weapon of offence, the offence is an offence under section 9(4) or 10(1)(b) of the Firearms and Offensive Weapons Act 1990.

• (4) Any surrendered weapon or any substance or thing found on or in it or on or in any thing in which it was surrendered may be subjected to forensic examination or testing for the purpose of—

• (a) determining whether any such weapon, substance or thing is in a safe and stable condition, or

• (b) discovering information concerning an offence other than an offence referred to in subsection (3) of this section.

• (5) In any proceedings, a surrendered weapon and any substance or thing referred to in subsection (4) of this section is admissible in evidence.

• (6) A surrendered weapon may be disposed of in a manner deemed appropriate by the Commissioner.

• (7) In this section—

“firearm” includes ammunition;

“flick-knife” has the meaning given to it in section 9(9) of the Firearms and Offensive Weapons Act 1990;

“weapon of offence” has the meaning given to it in section 10(2) of the said Act of 1990.]

25B. F119[Surrender of firearm for ballistic testing.

25B.— (1) The Commissioner may by notice in writing require any person lawfully possessing a firearm to produce it at such time and place as may be specified in the notice for the purpose of having ballistic or other tests carried out on it and of establishing and recording its distinctive characteristics.

• (2) A person who, without reasonable excuse, does not comply with such a notice is guilty of an offence under this Act.]

25C. F120[Delegation of Commis- sioner’s func- tions.

25C.— The Commissioner may appoint in writing a member of the Garda Síochána, or members of a particular rank in the Garda Síochána, not below the rank of superintendent to perform any of the Commissioner’s functions under this Act.]

25CA. F121[Delegation of certain func- tions of Superin- tendent

25CA. …]

25D. F122[Liability of officers of bodies corporate.

25D.— (1) Where—

• (a) an offence under this Act is committed by a body corporate, and

• (b) it is proved to have been committed with the consent, connivance or approval of, or to have been attributable to any neglect on the part of, a person who—

• (i) was a director, manager, secretary or other officer of the body corporate, or

• (ii) was a person purporting to act in any such capacity,

that person, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished as if the person were guilty of the first-mentioned offence.

• (2) Where the affairs of a body corporate are managed by its members, subsection (1) of this section applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director or manager of the body corporate.

• (3) The foregoing provisions apply, with the necessary modifications, where the offence was committed by an unincorporated body.]

26. Savings.

26.—(1) Nothing in this Act relating to firearms shall apply to any antique firearm which is sold, bought, carried, or possessed as a curiosity or ornament.

• (2) The provisions of this Act relating to ammunition shall be in addition to and not in derogation of any enactment relating to the keeping and sale of explosives.

26A. F123[Regulations regarding disposal of certain firearms

26A.— Without prejudice to the operation of any other section of this Act, the Minister may, following consultation with the Commissioner, make regulations—

• (a) to provide for the methods of destruction of such illicitly manufactured or trafficked firearms, parts, components and ammunition as he or she may prescribe,

• (b) to provide for the methods of assignment for forensic, scientific, historical, or cultural purposes, of such illicitly manufactured or trafficked firearms, parts, components and ammunition as he or she may prescribe, and

• (c) to provide for the marking of the firearms to which paragraph (b) relates and the recording of the methods of assignment of the firearms, parts, components and ammunition prescribed under that paragraph.]

27. F124[Regula- tions.

27.— (1) The Minister may make regulations prescribing any matter referred to in this Act as prescribed or to be prescribed or to be the subject of regulations or for the purpose of enabling any of its provisions to have full effect.

• (2) The regulations may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regu-lations.

• (3) Regulations prescribing fees shall be made with the consent of the Minister for Finance.]

27A. F125[Laying of orders or regula- tions before Houses of Oire- achtas.

27A.— An order or regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling it is passed by either such House within the next 21 days on which that House has sat after it has been laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.]

27B. F126[Provision of information by Commissioner to Minister for purposes of Act and Firearms (Firearm Certific- ates For Non- Residents) Act 2000

27B. (1) The Minister may request the Commissioner to provide any information necessary for the performance of the Minister’s functions under sections 9, 10, 11 and 17 and under section 2 of the Firearms (Firearm Certificates For Non-Residents) Act 2000, and the Commissioner shall, notwithstanding anything contained in any other enactment or rule of law, but subject to the Data Protection Regulation and the Data Protection Act 2018, comply with that request.

• (2) In this section, “Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016¹¹ on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).]

28. Partial continu- ance of Firearms (Temporary Provi- sions) Act, 1924.

28.—Notwithstanding anything to the contrary contained in the Firearms (Temporary Provisions) (Continuance) Act, 1925 (No. 10 of 1925), the Firearms (Temporary Provisions) Act, 1924 (No. 9 of 1924), and every regulation made thereunder which is in force on the 31st day of July, 1925, shall continue in force after that day so far as but no further than is necessary to authorise and enable persons charged before, on, or after the said 31st day of July, 1925, with having committed on or before that day any offence under the said Firearms (Temporary Provisions) Act, 1924, or any breach of any such regulation as aforesaid to be prosecuted and tried and, if found guilty, to be convicted and sentenced under the said Act and regulations after the said 31st day of July, 1925, and to authorise and enable any appeal (including an appeal by way of case stated) against any conviction and sentence (whether before, on, or after the said 31st day of July, 1925) for an offence under the said Act or breach of any such regulation to be brought, heard, and determined after the said 31st day of July, 1925.

29. Repeal.

29.—The Firearms Act, 1920, is hereby repealed.

30. Short title and commencement.

30.—(1) This Act may be cited as the Firearms Act, 1925.

• (2) This Act shall come into operation on the 1st day of August, 1925.

Footnotes