30/09/1923: Public Safety (Emergency Powers) Act, 1923.

REGULATIONS. Made pursuant to Section 8 of the

PUBLIC SAFETY (EMERGENCY POWERS) ACT, 1923.

I, Caoimhghin O ,hUigin, Minister for Home Affairs, being a member of the Executive Council, in pursuance of Section 8 of the Public Safety Emergency Powers) Act, 1923 , (hereinafter referred to as "the Act") do hereby make the following regulations and prescribe as follows:—

1. A Superintendent of the Gárda Síochána or of the Dublin Metropolitan Police may issue a firearm licence in the Police area of which he is in control to any person resident in that area who is over 18 years of age, and in regard to whom such Superintendent is satisfied that he is not of unsound mind or intemperate habits; that he has not been convicted of any offence under the act; that he has valid reasons for acquiring such firearm licence and that the public safety will not be endangered by reason of his being in possession of firearms and ammunition. The fee payable in respect of every such firearm licence shall be 5/-.

2. A Superintendent of Police of the area in which a firearm licence (possession) is for the time being operative may, where he considers it expedient in the interests of the public safety or the peace, revoke the said licence, and such firearm licence, together with any firearms and unexpended ammunition in respect of which it was issued, shall be immediately surrendered to the Police.

3. A firearm licence shall be operative only in the Police area far which it was issued: Provided that where the holder of a firearm licence applies to have it made operative in another Police area it shall be lawful for a Superintendent of Police to authorise by an endorsement in the following manner the validity of the licence in another area:—

4. The holder of a firearm licence shall pot permit any firearm or ammunition held by him pursuant to such licence to pass from his possession or control otherwise than in accordance with such conditions as may be prescribed by his licence. If any firearm or ammunition shall be removed from the possession or control of the holder of a firearm licence, he shall immediately report the fact to the Police.

5. No firearm or ammunition shall be sold or issued to any person who is not in possession of a firearm licence in addition to any gun or game licence as by law required.

6. No person shall manufacture, repair, test, sell or deal in firearms or ammunition by way of trade or business unless he is registered in a register to be kept by the Ministry of Home Affairs.

7 .A person applying for registration under the preceding clause shall transmit his application for such registration through the Superintendent of Police of the area in which he is resident stating the following particulars:—

Full Name.

Address.

Place of Business.

Nature of Business in regard to dealing in arms or ammunition proposed to be carried on, i.e. manufacturer, trader, repairer, etc.

Whether ever previously engaged in business connected with firearms or ammunition.

Particulars as to accommodation for storage and whether the firearms and ammunition are to be stored in a military magazine or in private storage.

Any other business carried on at the same place.

Names and particulars of any persons who can vouch for applicant's bona fides.

8. No person registered in accordance with the preceding regulation shall manufacture sell, repair, test or deal in fire-arms or ammunition or have in his possession for any of those purposes any firearms or ammunition unless he has authority in that behalf from the Minister for Home Affairs. Every person who is registered in accordance with this regulation shall keep a register of sales of firearms and ammunition, showing the name and address of the purchaser, date of purchase, and particulars of materials purchased; and such register shall be produced on demand for inspection by any member of a Police Force in Saorstát Éireann.

9. No person shall give or receive in pawn any firearms or ammunition of any description.

10. Every firearm shall be marked with a distinguishing mark or identification number and with the name of the manufacturer seller, or owner; and every Superintendent of the Garda Síochána or Dublin Metropolitan Police shall keep a register of all such firearms, in respect of which licences shall have been issued in his area

Such register shall be in the following form:—

11. Firearm licences shall be valid for 6 months from the 1st August, 1923, unless earlier revoked and shall be in the form annexed hereto.

12. Every firearm licence issued under the Act shall be produced at any time for inspection on demand by any member of a. Police Force in Saorstát Eireann.

13. These regulations shall apply to manufacture, sale, purchase, or possession of any weapon designed for the discharge of any noxious liquid gas or other thing or any ammunition containing, or designed, or adapted to contain any noxious thing in the same manner and effect as they apply to possession of firearms and ammunition.

14. No person may import export or remove, or deliver or receive for the purpose of conveyance or transit for import, export or removal any firearms or ammunition except on the conditions applying to such import, export or removal from one place to another as are herein prescribed.

Any member of a Police Force in Saorstát Éireann may at any time seize, search and examine any parcel or package, whether on a vehicle, boat, train or elsewhere, which he has reason to believe contains firearms or ammunition for import, export or removal in contravention of these regulations.

15. No person shall consign for export or removal from one place to another any firearms or ammunition unless such export or removal has been authorised in writing by the Superintendent of Police of the area from which they are to be exported or removed.

This regulation shall not apply to the removal of an individual sporting gun or ammunition therefor, of which the owner is in possession by virtue of a firearm licence issued under the Act.

16. No person shall purchase sell or remove from one place to another, any Dynamite, Gelignite or other explosive substance, unless he is in possession of a firearm licence (explosive substances) issued by a Superintendent of Police in the form annexed hereto.

17. No person may import firearms or ammunition unless he has been issued a licence in the form annexed hereto.

Applications for such licence should be addressed to the Secretary, Ministry of Home Affairs, on the form annexed hereto.

18. Any person contravening these regulations or any of them shall be guilty of an offence.

19. Any offence as defined by paragraph 18 may be dealt with summarily by a District Court and punishment therefor may be imposed not exceeding 12 months' imprisonment with hard labour or a fine of £50 or six months' imprisonment with hard labour in default of payment.

Ministry of Home Affairs,

30th September, 1923.

NOTE:—Copies of the Form of Application for importation licence are published by the Stationery Office, and may be obtained from Messrs. Eason & Sons, Ltd., Dublin, on payment of 1d.

1. This licence should be retained by the person to whom it is issued, and is in addition to and not in substitution for any other Licence by law required, and must be surrendered to me on expiration or revocation. It must be produced on demand by a member of a Police Force in Saorstat Eireann.

This licence is valid only for the..................area of......................for a period of six months from 1st August, 1923.

No. 2 F.L.

SOARSTÁT ÉIREANN.

PUBLIC SAFETY ( EMERGENCY POWERS) ACT, 1923.

PUBLIC SAFETY (EMERGENCY POWERS) (No. 2) ACT, 1923 .

No. 3 F.L.

PUBLIC SAFETY (EMERGENCY POWERS) ACT, 1923 .

FIREARM AND AMMUNITION—IMPORTATION LICENCE.

BY VIRTUE of the power vested in me by the above-mentioned Act, I, Minister for Home Affairs, grant to the person above-named as licensee this Licence, authorising him to import at the above-named place, on the conditions endorsed thereon, subject to the provisions of the said Act, and the regulations made thereunder, the goods set out in the schedule overleaf.

This Licence is valid only for the person above-named as licensee, and may be revoked or modified at any time.

SCHEDULE.

No Firearms or Ammunition shall be imported under this Licence other than the following:—

CONDITIONS.

1. No Firearms or Ammunition shall be imported under this licence at any other place other than the place of importation named thereon.

2. The Licensee, and the owner or master of any ship or boat in which any goods are being imported in virtue of this licence, shall, when required by a Government Inspector or by an Officer appointed by the Local Authority having jurisdiction over the place of importation or by any Officer of a Police Force in Saorstát Eireann or by any Officer of the Commissioners of the Customs and Excise, produce to him this Licence and furnish such Inspector or Officer with the means necessary to enable him to ascertain whether the conditions of the same are complied with; and shall, when required by any Inspector or Officer as aforesaid, open or cause to be opened any case or package imported under this Licence for the purpose of examination or for the taking of samples by such Inspector or Officer, and shall repack, or cause to be repacked, every case so opened, using all due care and precautions in the opening and repacking.

3. As soon as the goods have been received, the particulars of the importation shall be inserted in the Form hereto attached, No. 3A F.L., and the said Form (duly filled up) shall be forthwith returned to the Secretary, Ministry of Home Affairs. Such particulars shall include the name or names of the places, and the quantity of goods so deposited at each such place.

4. This Licence should be transmitted to the Consignor for production to the Packing or Shipping Company, and should accompany the Goods.

EXTRACT FROM SECTION 8 (3) PUBLIC SAFETY (EMERGENCY POWERS) ACT, 1923 .

In this section the expression " Firearm " means any lethal firearm or other weapon of any description from which any shot, bullet or other missile can be discharged or any part thereof, and the expression "ammunition" means and includes:—

(a) Ammunition for any firearm.

(b) Grenades, bombs and other similar missiles, whether capable of being used with a firearm or not.

(c) Land mines and other similar explosive machine.

(d) Dynamite, gelignite, and other explosive substances.

(e) Any component part or ingredient of any such article or substance as aforesaid.

No. 3A. F. L.

PUBLIC SAFETY (EMERGENCY POWERS) ACT, 1923 .

FIREARMS AND AMMUNITION—PARTICULARS OF IMPORTATION.

This Form to be filled up as soon as the Importation is effected, and returned forthwith to Secretary Ministry of Home Affairs, Merrion Street, Dublin.

Signature of Licensee.......................................

Address of Licensee......................................

Date............................................

No. 4 F.L.

AIREACHT UM GHNOTHAI SUITCHE

(MINISTRY OF HOME AFFAIRS).

PUBLIC SAFETY (EMERGENCY POWERS) ACT, 1923 .

APPLICATION FORM

For licence to import or bring in any Firearms or Ammunition pursuant to Section 8 of the above Act and the regulations made thereunder.

No. 5 F.L.

PUBLIC SAFETY (EMERGENCY POWERS) ACT. 1923.

Licence for the Purchase and Removal (or Removal only) of Explosive Substance for Industrial Purposes.

(a) Insert name of person who proposes to order or purchase the explosive substances.

(b) Insert name of Registered Dealer from whom the proposed purchase is to be made.

(c) Insert description and quantity of explosive substance required.

(d) Insert either (1) Magazine, Dublin, or (2) name of Local Command Military Barracks, as the case may be.

(c) Insert either (1) name of Local Command Military Barracks, or (2) name of Military Post nearest to proposed blasting operation, as the case may be.

N.B.—If the Registered Dealer simply wishes to transfer some of his stock from the Dublin Magazine to the Local Command Military Barracks, the part above at (a) is to be struck out.

In the case of a purchase, a delivery order signed by the Dealer should always accompany this Licence when the transfer is being sought.