Firearms act, 1925

Enactment Date06 June 1925
Act Number17


Number 17 of 1925.


FIREARMS ACT, 1925.


ARRANGEMENT OF SECTIONS

Section

1.

Definitions and interpretation.

2.

Restrictions on possession, use, and carriage of firearms.

3.

Grant, form, and effect of firearm certificates.

4.

Conditions of grant of firearm certificate.

5.

Revocation of firearm certificates.

6.

Sale of firearm when certificate refused or revoked.

7.

Permit to bring firearm ashore.

8.

Persons disentitled to hold a firearm certificate or a permit.

9.

Register of firearms dealers to be kept.

10.

Restrictions on manufacture and sale of firearms.

11.

Removal of names from register of firearms dealers.

12.

Register to be kept by firearms dealer.

13.

Inspection of stock of firearms dealer.

14.

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

15.

Possession of firearms with intent to endanger life.

16.

Restriction on export or removal of firearms or ammunition.

17.

Restrictions on the import of firearms, prohibited weapons, and ammunition.

18.

Powers of officers of customs and excise.

19.

Powers and duties of officers of the Post Office.

20.

Prohibition of taking firearms or ammunition in pawn.

21.

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

22.

Powers of members of Gárda Síochána.

23.

Forfeiture of firearms, etc., in certain cases.

24.

Search orders.

25.

Punishments.

26.

Savings.

27.

Minister may make regulations.

28.

Partial continuance of Firearms (Temporary Provisions) Act, 1924.

29.

Repeal.

30.

Short title and commencement.


Acts Referred to

Firearms (Temporary Provisions) Act, 1924

No. 9 of 1924

Firearms (Temporary Provisions) (Continuance) Act, 1925

No. 10 of 1925


Number 17 of 1925.


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 EIRE ANN AS FOLLOWS:—

Definitions and interpretation.

1.—(1) In this Act—

the word “firearm” means a lethal firearm or other lethal weapon of any description from which any shot, bullet, or other missile can be discharged;

the word “ammunition” (except where used in relation to a prohibited weapon) means ammunition for a firearm but also includes grenades, bombs, and other similar missiles whether the same are or are not capable of being used with a firearm, and also includes any ingredient or component part of any such ammunition or missile;

the expression “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 as aforesaid or for any other weapon) which contains or is designed or adapted to contain any noxious liquid, noxious gas, or other noxious thing;

the expression “firearm certificate” means a firearm certificate granted under this Act;

the expression “firearms 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;

the expression “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;

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

the expression “the Minister” means the Minister for Justice.

(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.

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 under this Act and shall be punishable accordingly.

(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 in the performance of his duty as such member;

(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 in the ordinary course of business by a butcher, slaughterman, knacker, or other person engaged in the business of the humane slaughter of animals.

Grant, form, and effect of firearm certificates.

3.—(1) The superintendent of the Gárda Síochána of any district may, subject to the limitations and restrictions imposed by this Act, upon the application of any person residing in such district and upon the payment by such person of the fee (if any) for the time being required by law, grant to such person a firearm certificate.

(2) The Minister may, at his discretion but subject to the limitations and restrictions imposed by this Act, upon the application of any person not ordinarily resident in Saorstát Eireann and upon payment by such person of the fee (if any) for the time being required by law, grant to such person a firearm certificate.

(3) Every firearm certificate shall continue in force until the 31st day of July next after the grant thereof, but a firearm certificate granted during the month of July may be expressed to commence on the next following 1st day of August and shall in that case be in force on and from such 1st day of August until the next following 31st day of July.

(4) Every firearm certificate shall be in the prescribed form and shall operate and be expressed to authorise the person to whom the same is granted—

(a) to have in his possession, use, and carry the particular firearm described in the certificate, and

(b) to purchase and use in such firearm during the currency of such certificate such quantity of ammunition for such firearm as shall be specified in the certificate, and

(c) to have in his possession at any one time and carry so much only of the ammunition so purchased as shall be specified in the certificate.

(5) Where the firearm described in a firearm certificate is a shot-gun the certificate may be expressed and in such case shall operate to authorise such firearm to be used only for killing animals or birds other than game on land occupied by the person to whom such certificate is granted.

(6) Every firearm in respect of which a firearm certificate is granted shall be marked in the prescribed manner with a number or other prescribed mark of identification and such number or mark shall be entered in the firearm certificate.

Conditions of grant of firearm certificate.

4.—Before granting a firearm certificate to any person under this Act the superintendent of the Gárda Síochána or the Minister (as the case may require) shall be satisfied that such person—

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

(b) can be permitted to have in his possession, use, and carry a firearm or ammunition without danger to the public safety or to the peace, and

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

Revocation of firearm certificates.

5.—The superintendent of the Gárda Síochána of the district in which the holder of a firearm certificate resides may at any time revoke such certificate if he is satisfied that the holder of such certificate—

(a) has no good reason for requiring the firearm to which the certificate relates, or

(b) is a person who cannot, without danger to the public safety or to the peace, be permitted to have a firearm in his possession, or

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

(d) where the firearm certificate limits the...

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