Firearms act, 1964

• Enactment Date: 28 January 1964
• Act Number: 1

Number 1 of 1964.
FIREARMS ACT, 1964
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Extension of Principal Act to airguns. 3. Temporary prohibition of game shooting. 4. Temporary custody of firearms by Garda Síochána in interests of public safety. 5. Contravention of orders under sections 3 and 4. 6. Provisions in relation to orders under sections 3 and 4. 7. Disposal of certain firearms and ammunition in the possession of the Garda Síochána. 8. Disposal of firearms in certain circumstances. 9. Renewal of firearm certificate. 10. Period of validity of firearm certificate granted by Minister. 11. Change of firearm to which firearm certificate relates. 12. Limited use of shot-gun. 13. Sale of firearms by auctioneers. 14. Amendment of section 1 of Principal Act. 15. Amendment of section 2 of Principal Act. 16. Amendment of section 3 of Principal Act. 17. Amendment of section 8 of Principal Act. 18. Amendment of section 9 of Principal Act. 19. Amendment of section 10 of Principal Act. 20. Amendment of section 16 of Principal Act. 21. Amendment of section 17 of Principal Act. 22. Amendment of section 21 of Principal Act. 23. Amendment of section 24 of Principal Act. 24. Onus of proof. 25. Extension of sections 23 and 28 of Larceny Act, 1916. 26. Possession of firearm while taking vehicle without authority. 27. Prohibition of use of firearms to resist arrest or aid escape. 28. Repeals. 29. Short title and collective citation.
Acts Referred to Firearms Act, 1925 1925, No. 17. Police (Property) Act, 1897 1897, c. 30. Larceny Act, 1916 1916, c. 50. Road Traffic Act, 1961 1961, No. 24. Criminal Justice Act, 1960 1960, No. 27.
Number 1 of 1964.
FIREARMS ACT, 1964
AN ACT TO AMEND AND EXTEND THE FIREARMS ACT, 1925 . [28th January, 1964.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
	Interpretation.	1.—(1) In this Act—
	“the Commissioner” means the Commissioner of the Garda Síochána;
	“the Minister” means the Minister for Justice;
	“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.
	Extension of Principal Act to airguns.	2.—(1) In the Principal Act and this Act, “firearm” shall include an airgun (which expression includes an air rifle and an air pistol) and any other weapon incorporating a barrel from which metal or other slugs can be discharged and a prohibited weapon.
	(2) Notwithstanding anything contained in the Principal Act, it shall not be an offence during the period of two months beginning on the date of the passing of this Act—
	(a) for any person to have in his possession, otherwise than in a public place, an airgun or any other weapon (not being an airgun or weapon that was a firearm before the passing of this Act),
	(b) for any person of or over the age of sixteen years to carry an airgun or any other weapon (not being an airgun or weapon that was a firearm before the passing of this Act) for the purpose of disposing of it to a firearms dealer or a person who is the holder of a firearm certificate in respect of the airgun or weapon or of another firearm which is in force or who is otherwise authorised under the Principal Act to have the airgun or weapon in his possession.
	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 game, 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.
	(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 game) 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 game) 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.
	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, 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.
	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.
	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.
	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...