Firearms Act, 1964

• Jurisdiction: Ireland
• Citation: IR No. 1/1964

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Number 1 of 1964

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FIREARMS ACT 1964

REVISED

Updated to 27 December 2021

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This Revised Act is an administrative consolidation of the Firearms Act 1964. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Maritime Area Planning Act 2021 (50/2021), enacted 23 December 2021, and all statutory instruments up to and including the Criminal Justice (Amendment) Act 2021 (Commencement) Order 2021 (S.I. No. 777 of 2021), made 21 December 2021, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

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Number 1 of 1964

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FIREARMS ACT 1964

REVISED

Updated to 27 December 2021

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Introduction

The Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

Firearms Acts 1925 to 2009: this Act is one of a group of Acts included in this collective citation to be construed together as one (Criminal Justice (Miscellaneous Provisions) Act 2009, s. 1(2)). The Acts in the group are:

• Firearms Act 1925 (17/1925)

• Firearms Act 1964 (1/1964)

• Firearms Act 1971 (13/1971)

• Firearms and Offensive Weapons Act 1990 (12/1990)

• Firearms (Firearms Certificates for Non-Residents) Act 2000 (20/2000)

• Criminal Justice Act 2006 (26/2006), Part 5 and Schedule 1

• Criminal Justice Act 2007 (29/2007), Part 6

• Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), Part 4

Firearms (Proofing) Act 1968 (20/1968) is excluded from the collective citation from 14 July 2000 by Firearms (Firearms Certificates for Non-Residents) Act 2000, s. 8(2).

Firearms (Temporary Provisions) Act 1998 (32/1998) is excluded from the collective citation from 14 July 2000 by Firearms (Temporary Provisions) Act Continuance Order 1999 (S.I. No. 189 of 1999), art. 2.

European Communities (European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993), as amended, also deal with firearms.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Criminal Justice (Amendment) Act 2021 (36/2021)

• Property Services (Regulation) Act 2011 (40/2011)

• Criminal Procedure Act 2010 (27/2010)

• Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009)

• Criminal Justice Act 2007 (29/2007)

• Criminal Justice Act 2006 (26/2006)

• Criminal Justice (Terrorist Offences) Act 2005 (2/2005)

• Criminal Justice (Theft and Fraud Offences) Act 2001 (50/2001)

• Firearms (Firearm Certificates for Non-Residents) Act 2000 (20/2000)

• Firearms (Temporary Provisions) Act 1998 (32/1998)

• Offences Against the State (Amendment) Act 1998 (39/1998)

• Bail Act 1997 (16/1997)

• Extradition (Amendment) Act 1994 (6/1994)

• Firearms and Offensive Weapons Act 1990 (12/1990)

• Extradition (European Convention on the Suppression of Terrorism) Act 1987 (1/1987)

• Criminal Justice Act 1984 (22/1984)

• Criminal Law (Jurisdiction) Act 1976 (14/1976)

• Wildlife Act 1976 (39/1976)

• Firearms Act 1971 (13/1971)

• Firearms (Proofing) Act 1968 (20/1968)

• Firearms Act 1925 (17/1925)

All Acts up to and including Maritime Area Planning Act 2021 (50/2021), enacted 23 December 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Firearms (Temporary Provisions) Act Continuance Order 1999 (S.I. No. 189 of 1999)

• European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993)

• Firearms (Temporary Custody) Order 1972 (S.I. 187 of 1972)

• Offences Against the State (Scheduled Offences) Order 1972 (S.I. No. 142 of 1972)

All statutory instruments up to and including Criminal Justice (Amendment) Act 2021 (Commencement) Order 2021 (S.I. No. 777 of 2021), made 21 December 2021, were considered in the preparation of this revision.

Court decision which affects or previously affected this revision

• Ellis v Minister for Justice and Equality, Ireland and the Attorney General [2019] IESC 30

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Number 1 of 1964

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FIREARMS ACT 1964

REVISED

Updated to 27 December 2021

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ARRANGEMENT OF SECTIONS

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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.

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Number 1 of 1964

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FIREARMS ACT 1964

REVISED

Updated to 27 December 2021

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AN ACT TO AMEND AND EXTEND THE FIREARMS ACT, 1925. [28th January, 1964.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations

Modifications (not altering text):

C1

Application of Act extended (9.12.1993) by European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993), regs. 8 and 13(1).

Provisions of Firearms Acts and other Statutes.

8. The provisions of the Firearms Acts and other relevant statutes, including provisions relating to powers of the Garda Síochána and Customs Officers, shall extend to a European Firearms Pass or other document to which these Regulations relate and a reference in those enactments to a firearm certificate shall, where the context so admits, include reference to any such document.

...

Offences.

13. (1) A person who contravenes any provision of these Regulations shall, without prejudice to any liability under the Firearms Acts, be guilty of an offence under these Regulations.

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Editorial Notes:

E1

Previous affecting provisions: definition of firearm extended (1.01.1991) by Firearms and Offensive Weapons Act 1990 (12/1990), s. 4(1), S.I. No. 313 of 1990. Definition replaced (1.08.2006) by Firearms Act 1925 (17/1925), s. 1, as inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 26, S.I. No. 390 of 2006.

E2

Offences under collectively cited Firearms Act 1925 to 1971 designated scheduled offences for the purposes of Part V of the Offences against the State Act 1939 (No. 13 of 1939) (30.05.1972) by Offences Against The State (Scheduled Offences) Order 1972 (S.I. No. 142 of 1972).

Interpretation.

1

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.

Annotations

Amendments:

F1

Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 52(a), S.I. No. 390 of 2006.

F2

Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 52(b), S.I. No. 390 of 2006.

Extension of Principal Act to airguns.

2

2.—F3[…]

Annotations

Amendments:

F3

Repealed (1.01.1991) by Firearms and Offensive Weapons Act 1990 (12/1990), s. 4(2)(b), S.I. No. 313 of 1990.

Temporary prohibition of game shooting.

3

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...