Firearms Act , 1964

1. Interpretation.

1.—(1)In this Act—

F1[“the 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[“firearm”includes a restricted firearm, unless otherwise provided or the context otherwise requires;]

F1[“the Minister”means the Minister for Justice, Equality and Law Reform;]

“the Principal Act” means the Firearms Act, 1925;

“public place” means any place to which the public have access whether as of right or by permission and whether subject to or free of charge;

“Superintendent” means a Superintendent of the Garda Síochána and includes an Inspector of the Garda Síochána acting as a Superintendent.

(2)In this Act and in the Principal Act, references to the Principal Act shall, where the context so requires or permits, be construed as references to that Act as amended by this Act.

(3)This Act shall be construed as one with the Principal Act.

2. Extension of Principal Act to airguns.

2.—F3[…]

3. Temporary prohibition of game shooting.

3.—(1)The Minister may, on its being represented to him by the Minister for Lands that it is necessary to do so in the interests of the preservation of F4[protected wild animals or protected wild birds within the meaning of the Wildlife Act, 1976,], make an order prohibiting the use or carriage of firearms or of firearms of such class or classes as may be specified in the order in a public place or on any lands either throughout the State or in such area or areas as may be specified in the order during such period, not exceeding one month, as may be specified in the order.

(2)The Minister may by order, made after consultation with the Minister for Lands, amend or revoke an order under this section, including an order under this subsection F5[, but an order under this subsection shall not extend for more than a month a period mentioned in subsection (1) of this section].

(3)An order under this section shall not apply in relation to the use or carriage of firearms by members of the Defence Forces or the Garda Síochána or to the use or carriage of a firearm by a person to whom the Superintendent of any district has granted a permit which is in force to use and carry a firearm for a purpose (other than the shooting of F6[such protected wild animals or wild birds]) specified in the permit in that district during a period specified in the permit, if the firearm is being used and carried in accordance with the terms of the permit.

(4)(a)Whenever an order under subsection (1) of this section is in force in relation to any district, the Superintendent of that district may, in his absolute discretion, grant to any person a permit to use and carry in that district for a purpose (other than the shooting of F6[such protected wild animals or wild birds]) specified in the permit during a period specified in the permit a firearm to the use or carriage of which the order applies.

(b)The Superintendent of any district may revoke a permit granted under this section in relation to that district.

4. Temporary custody of firearms by Garda Síochána in interests of public safety.

4.—(1)The Minister may, if satisfied that it is necessary to do so in the interests of the public safety F7[or public security], make an order requiring every person residing in an area specified in the order and having possession of any firearm or ammunition or of a firearm or ammunition of such class or classes as may be specified in the order to surrender it on or before a date specified in the order to the Garda Síochána.

(2)An order under subsection (1) of this section shall remain in force for such period not exceeding one month as may be specified in the order.

(3)The Minister may by order amend or revoke an order under this section, including an order under this subsection.

(4)Whenever an order under subsection (1) of this section is in force a member of the Garda Síochána may seize a firearm or ammunition to which the order applies found in the area specified in the order after the date on or before which the firearm or ammunition is required by the order to be surrendered to the Garda Síochána and the Garda Síochána may, while the order remains in force, retain possession of any firearm or ammunition seized by or surrendered to them in pursuance of the order.

(5)As soon as may be after the time at which an order under subsection (1) of this section ceases to be in force, the Garda Síochána shall, subject to the provisions of the Principal Act, return any firearms or ammunition surrendered to or seized by them pursuant to the order to the owners thereof.

(6)An order under subsection (1) of this section shall not apply in relation to firearms or ammunition in the possession of members of the Defence Forces or the Garda Síochána.

5. Contravention of orders under sections 3 and 4.

5.—A person who contravenes a provision of an order under section 3 or section 4 of this Act shall be guilty of an offence under the Principal Act.

6. Provisions in relation to orders under sections 3 and 4.

6.—(1)An order under section 3 or section 4 of 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 the order is passed by either such House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(2)Whenever an order is made under section 3 or section 4 of this Act, notice of the making of the order and of its effect shall be published in at least one newspaper circulating in the area or each area to which the order applies.

7. Disposal of certain firearms and ammunition in the possession of the Garda Síochána.

7.—(1)References in this section to a firearm or ammunition that has come into the possession of the Garda Síochána are references to a firearm or ammunition that has come into the possession of the Garda Síochána before the passing of this Act pursuant to section 6 of the Principal Act or otherwise.

(2)The Commissioner may cause to be published in each daily newspaper published in the State a notice stating that any firearm or ammunition that has come into the possession of the Garda Síochána may be sold or destroyed unless the owner thereof makes claim and establishes his title thereto within the period of three months beginning on the date of the publication of the notice.

(3)Where a notice is published pursuant to subsection (2) of this section—

(a)the Commissioner shall cause to be sent by post to every person of whose address the Garda Síochána are aware and who is believed to be the owner of a firearm or ammunition that has come into the possession of the Garda Síochána a notice stating that the firearm or ammunition may be sold or destroyed unless the person makes claim and establishes his title thereto within the period of three months beginning on the date of the publication of the notice referred to in subsection (2) of this section,

(b)where the address of the person believed to be the owner is unknown or the Commissioner is of opinion that a notice as aforesaid would not be understood by such person, the Commissioner may, at his discretion, cause the notice to be sent by post or otherwise given to any member of the family of such person or to such other person, if any, as he may, in the particular circumstances, think appropriate.

(4)Where a notice is published pursuant to subsection (2) of this section and, in cases where it is appropriate, notice is given pursuant to subsection (3) of this section—

(a)a person who makes claim and establishes his title to a firearm or ammunition that has come into the possession of the Garda Síochána within the period specified in the notice published pursuant to subsection (2) of this section may, subject to the provisions of the Principal Act, cause the firearm or ammunition to be removed from the custody of the Garda Síochána within that period, and

(b)the Commissioner may cause to be sold any firearm or ammunition that has come into the possession of the Garda Síochána and is not claimed and removed from the custody of the Garda Síochána or to which title is not established to the satisfaction of the Commissioner within the period referred to in paragraph (a) of this subsection and shall, as soon as may be, cause the proceeds of the sale to be paid to the owner or, if the owner cannot be ascertained, for the benefit of the Exchequer, and

(c)the Commissioner may cause to be destroyed any firearm or ammunition that has been offered for sale under paragraph (b) of this subsection and has not been sold, if, in the opinion of the Commissioner, the firearm or ammunition is unlikely to be sold if offered for sale again and shall cause to be sent to any person who is believed to be the owner of the firearm or ammunition or (where appropriate) to another person in accordance with paragraph (b) of subsection (3) of this section a notice informing the person to whom it is sent of such destruction.

8. Disposal of firearms in certain circumstances.

8.—The following section is hereby substituted for section 6 of the Principal Act:

9. F8[Renewal of firearm certificate.

9.—(1) The Commissioner may from time to time renew a firearm certificate granted by him or her.

(2) The superintendent of the district where the holder of such a certificate resides may from time to time renew such a certificate.

(3) The superintendent of a district where the holder of a firearm certificate resides may from time to time renew a firearm certificate which has been granted by a superintendent.

(4) An inspector or sergeant of the Garda Síochána in the district where the holder of a firearm certificate issued by a superintendent resides may from time to time renew the certificate.

(5) A superintendent, or other member of the Garda Síochána, who is authorised under this section to renew a firearm certificate (“an authorised member”) may refuse to renew it, or vary any conditions to which it is subject under section 4(2)(g) of the Principal Act, only if prior sanction to do so in the particular case has been given by the Commissioner or superintendent, as the case may be.

F9[(6) An application for renewal of a firearm certificate shall be in the prescribed form.]

(7) A renewal of a firearm certificate shall be in the prescribed form.

(8) Before renewing a firearm certificate, an authorised member shall be of opinion that the conditions to which it is subject have been complied with and will continue to be complied with during the period for which the certificate is renewed.

(9) On the renewal of a firearm certificate, an authorised member may, subject to subsection (5) of this section, vary any conditions to which the certificate is subject under section 4(2)(g) of the Principal Act, if of opinion that such a variation is necessary in the interests of public safety or security.]

10. Period of validity of firearm certificate granted by Minister.

10.—F10[…]

11. Change of firearm to which firearm certificate relates.

11.—(1)Subject to subsection (3) of this section, the F11[Minister or the Commissioner may substitute for the description of a firearm in a firearm certificate granted by him or her] the description of another firearm and, upon such substitution, the certificate shall have effect in relation to that other firearm and shall not have effect in relation to the first-mentioned firearm.

(2)Subject to subsection (3) of this section, the Superintendent of any district or any member of the Garda Síochána in any district duly authorised to do so by the Superintendent of that district may substitute for the description of a firearm F12[(other than a restricted firearm)] in a firearm certificate held by a person residing in that district the description of another F12[such] firearm and, upon such substitution, the certificate shall have effect in relation to that other firearm and shall not have effect in relation to the first-mentioned firearm.

(3)A substitution under this section in a firearm certificate shall not be effected unless the rate of excise duty chargeable in respect of a renewal of the certificate after the substitution does not exceed the rate chargeable immediately before such substitution.

12. Limited use of shot-gun.

12.—F13[…]

13. Sale of firearms by auctioneers.

13.—(1)Notwithstanding anything contained in section 10 of the Principal Act, an auctioneer who stands authorised under this section may sell, expose for sale and have in his possession for sale, by auction in the ordinary course of his business as an auctioneer, a firearm or ammunition: Provided that in the case of a sale, the firearm or ammunition is not delivered to the purchaser until he produces to the auctioneer a firearm certificate which is in force authorising him to purchase the firearm or ammunition or proves that he is lawfully entitled to have possession of the firearm or ammunition without having a firearm certificate therefor.

(2)The Superintendent of any district may authorise in writing an auctioneer F14[(being the holder of a licence within the meaning ofsection 2(1) of the Property Services (Regulation) Act 2011, or a relevant authorisation within the meaning ofsection 82of that Act, in respect of a service which falls, or substantially falls, as the case requires, withinparagraph (a)of the definition of‘property service’in that first-mentioned section)] in that district to sell, expose for sale and have in his possession for sale, by auction a firearm or ammunition during such period, not exceeding one year, as may be specified in the authorisation.

(3)A Superintendent shall not grant an authorisation under this section to an auctioneer 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), that the sale, exposing for sale or possession of firearms or ammunition in pursuance of the authorisation will not endanger the public safety or the peace.

(4)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.

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

(6)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 the Principal Act.

F15[(7) In this section, references to a firearm and ammunition do not include references to a restricted firearm or restricted ammunition.

(8) This section is without prejudice to subsections (4A) to (4G) of section 10 of the Principal Act.]

14. Amendment of section 1 of Principal Act.

14.—Section 1 of the Principal Act is hereby amended by the insertion after subsection (2) of the following subsection:

15. Amendment of section 2 of Principal Act.

15.—Section 2 of the Principal Act is hereby amended by—

(a)the insertion in paragraph (g) of subsection (3) after “humane killer” of “or ammunition therefor”, and

(b)the insertion after subsection (3) of the following subsection:

16. Amendment of section 3 of Principal Act.

16.—Section 3 of the Principal Act is hereby amended by—

(a)the substitution of“before the 31st day of July in any year” for “during the month of July” in subsection (3), and

(b)the substitution for subsection (4) of the following subsection—

17. Amendment of section 8 of Principal Act.

17.—Section 8 of the Principal Act is hereby amended by—

(a)the substitution of “sixteen years” for “fifteen years” in paragraph (a) of subsection (1),

(b)the deletion of paragraphs (d) and (e) of subsection (1) and the insertion of the following paragraphs:

18. Amendment of section 9 of Principal Act.

18.—Section 9 of the Principal Act is hereby amended by the deletion in subsection (3) of “the number of registered firearms dealers in the neighbourhood in which the applicant proposes to carry on business,”.

19. Amendment of section 10 of Principal Act.

19.—Section 10 of the Principal Act is hereby amended by—

(a)the substitution of “any person” for “any firearms dealer” and “such person” for “such firearms dealer” in subsection (2), and

(b)the substitution for subsection (4) of the following subsection:

(c)the insertion in paragraph (b) of subsection (6) after “letting on hire” of “, giving” and after “hiring” of “, receiving”.

20. Amendment of section 16 of Principal Act,

20.—Section 16 of the Principal Act is hereby amended by the insertion in subsection (4) before “the firearm” of “or consigning for export”.

21. Amendment of section 17 of Principal Act.

21.— (1)The restriction imposed by section 17 of the Principal Act on the importation into the State of firearms F16[or ammunition] shall not apply in relation to the importation of a firearm by the holder of a firearm F16[or ammunition] certificate in respect of the firearm which is in force.

(2)The said section 17 is hereby amended by—

(a)the deletion in subsection (3) of “(not exceeding six months)”, and

(b)the deletion in subsection (4) of “(not being more than one month)”.

F17[(3) In this section,“ammunition”does not include—

(a) component parts of ammunition, or

(b) grenades, bombs and other similar missiles or their component parts.]

22. Amendment of section 21 of Principal Act.

22.—Section 21 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (6):

23. Amendment of section 24 of Principal Act.

23.—Section 24 of the Principal Act is hereby amended by the substitution of “forty-eight hours” for “twenty-four hours” in subsection (2).

24. Onus of proof.

24.—(1)Where, in a prosecution for an offence under the Principal Act, the existence or non-existence of a firearm certificate, a licence under section 17 of the Principal Act, an authorisation under section 2 of the Principal Act, a permit under section 3 of this Act or an authorisation under section 13 of this Act is material, it shall not be necessary to prove that the certificate, licence, authorisation or permit does not exist.