Firearms Act, 1964

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Number 1 of 1964.

FIREARMS ACT, 1964

ARRANGEMENT OF SECTIONS

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 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.

Disposal of firearms in certain circumstances.

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

“When a Superintendent revokes a firearm certificate and the person who is the holder of the certificate has a firearm, with or without ammunition, in his possession in the State at the time of such revocation or where a person has a firearm, with or without ammunition, in his possession in the State but is not the holder of a firearm certificate in respect thereof and such possession is not otherwise authorised under this Act—

(a) the person shall forthwith deliver the firearm and ammunition (if any) to the Superintendent,

(b) the Superintendent shall forthwith cause the person to be informed by notice in writing of his right to dispose of the firearm and ammunition (if any) in any manner not contrary to law,

(c) upon such delivery, the person may dispose of the firearm and ammunition (if any) as aforesaid,

(d) if the person does not, within three months after the delivery of the firearm and ammunition (if any) to the Superintendent, arrange for its or their disposal in accordance with the provisions of this Act, inform the Superintendent of the arrangements and carry out the arrangements, the Superintendent may send to the person by post to his last known address a notice informing him that unless arrangements of the kind aforesaid are made, communicated to the Superintendent and carried out within one month after the date on which the notice is sent, the firearm and ammunition (if any) will be sold or destroyed,

(e) if within one month after the date on which the notice aforesaid is sent, arrangements of the kind aforesaid are not made, communicated to the Superintendent and carried out, the Superintendent may cause the firearm and ammunition (if any) to be sold and shall, as soon as may be, cause the proceeds of the sale to be paid to the person,

(f) the Superintendent may cause to be destroyed any firearm or ammunition that has been offered for sale under paragraph (e) of this section and has not been sold if, in the opinion of the Superintendent, the firearm or ammunition is unlikely to be sold if offered for sale again and shall send to the person by post to his last known address a notice informing him of such destruction,

(g) where the address of the person is unknown or the Superintendent is of opinion that notices as aforesaid would not be understood by the person, the Superintendent may, at his discretion, send the notices by post or otherwise give them to any member of the family of the person or to such other person, if any, as he may, in the particular circumstances, think appropriate.”

Renewal of firearm certificate.

9.—(1) A firearm certificate granted by a Superintendent after the appointed day may, upon the application of the holder thereof, be renewed from time to time by the Superintendent of the district in which the holder resides.

(2) Where a firearm certificate is renewed under this section, the certificate shall continue in force until the 31st day of July next after the date of such renewal, but a renewal of a certificate granted before the 31st day of July in any year 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.

(3) A renewal of a firearm certificate shall be in the form prescribed by regulations made by the Minister under section 27 of the Principal Act.

(4) (a) A firearm certificate granted by a Superintendent may be renewed by a member of the Garda Síochána not below the rank of Sergeant in the district in which the holder of the certificate resides if and so long as he is so authorised in writing by the Superintendent of that district.

(b) The power of renewal conferred by this subsection shall be subject to such reservations (if any) as may be specified in the authority of the Superintendent.

(c) The power of renewal conferred by this subsection shall not enable the member exercising it in any district to refuse to renew any particular firearm certificate unless the Superintendent of that district has authorised him to refuse to renew that particular certificate.

(5) In subsection (1) of this section “the appointed day” means the day appointed by the Minister by order to be the appointed day for the purposes of that subsection.

Period of validity of firearm certificate granted by Minister.

10.—Notwithstanding anything contained in subsection (3) of section 3 of the Principal Act, a firearm certificate granted by the Minister after the passing of this Act shall, subject to the other provisions of the Principal Act, continue in force for the period of twelve months beginning on the date on which it is expressed to commence.

Change of firearm to which firearm certificate relates.

11.—(1) Subject to subsection (3) of this section, the Minister may substitute for the description of a firearm in a firearm certificate granted by him 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 in a firearm certificate held by a person residing in that district 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.

(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.

Limited use of shot-gun.

12.—(1) 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 the use of the gun only for killing animals or birds other than game by the person to whom the certificate is granted either (as may be expressed in the certificate)—

(a) on land occupied by him, or

(b) on land occupied by another person.

(2) A certificate in the form referred to in subsection (1) of this section (in this section referred to as a limited certificate) relating to land occupied by a person other than the person to whom the certificate is granted shall not be granted unless the occupier of the land has given the applicant for the certificate a nomination in writing for holding the certificate.

(3) A limited certificate relating to any land shall not be granted in respect of any period if there is already in force in respect of that period a limited certificate relating to that land.

(4) A limited certificate shall not be granted unless the whole of the land to which it would relate is occupied by the same person.

(5) Where a nomination referred to in subsection (2) of this section is revoked, the limited certificate to which it related shall not, if it is then in force, be capable of being renewed.

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 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.

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:

“(3) In this Act references to a Superintendent of the Garda Síochána include references to an Inspector of the Garda Síochána acting as a Superintendent.”

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:

“(4) 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, use or carriage of a firearm or ammunition by an employee of a registered firearms dealer in the ordinary course of business of the dealer as a firearms dealer,

(b) the possession or carriage of a firearm or ammunition by an employee of a person engaged in the business of carrying or of warehousing goods for reward in the ordinary course of such business,

(c) the possession or carriage of a firearm or ammunition for purposes of sale by an auctioneer who stands authorised under section 13 of this Act or by an employee of such an auctioneer in the ordinary course of business as an auctioneer,

(d) the possession, use or carriage of a firearm or ammunition by a member of a rifle club or other gun club that stands authorised under this section while engaged as such member in a competition or target practice at a range or other place that stands authorised under this section,

(e) the possession, use or carriage of a firearm (other than a shot-gun) of a calibre not exceeding .23 inches or of ammunition by a person operating a range or shooting gallery in an amusement hall or at a fun fair, carnival or other like event for the purposes of the range or shooting gallery who stands authorised in that behalf under this section or by a person using such range or shooting gallery,

(f) the possession, use or carriage of a firearm or ammunition by a person taking part in a theatrical performance or rehearsal or in the production of a cinematograph film for the purpose of the performance, rehearsal or production, being a performance, rehearsal or production the person in charge of which stands authorised in that behalf under this section,

(g) the possession, use or carriage of a firearm or blank ammunition for the purpose of starting athletic races by a person who stands authorised in that behalf under this section,

(h) the possession, use or carriage of a firearm or blank ammunition provided by the Minister for Defence by a person taking part in a ceremony of any kind for the purposes of the ceremony, being a person who stands authorised in that behalf under this section.

(5) (a) The Superintendent of any district may authorise in writing the possession, use or carriage of firearms or ammunition in that district in any of the circumstances specified in paragraphs (d), (e), (f), (g) or (h) of subsection (4) of this section during such period, not exceeding one year, as may be specified in the authorisation.

(b) A Superintendent shall not grant an authorisation under this section 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 and the supervision of their use) that the possession, use or carriage, as the case may be, of firearms or ammunition in pursuance of the authorisation will not endanger the public safety or the peace.

(c) Where it is proposed to grant an authorisation under this section in respect of a rifle or other gun club or a range or other place referred to in paragraph (d) of subsection 4 of this section, the authorisation shall be granted to an officer of the club nominated by the club or to the person in charge of the range or other place as the case may be, and where there is a contravention of a condition imposed in relation to the grant of such an authorisation and the contravention is proved to have been committed with the consent or approval of or to have been facilitated by any neglect on the part of the person to whom the authorisation is granted, that person shall be guilty of an offence under this Act.

(d) 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.

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

(f) 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 this Act”.

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—

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

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

(b) to use ammunition in the firearm and to have in his possession at any one time and carry so much ammunition for the firearm as shall be specified in the certificate”.

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:

“(d) any person who has been sentenced by any court in the State to penal servitude or to imprisonment for any term which has not expired or has expired within five years previously for a crime in the course of which a firearm was used or a firearm or an imitation firearm was produced for the apparent purpose of intimidating any person or a threat to use a firearm against any person or property was made, and

(e) any person who has been sentenced by any court in the State to penal servitude or to imprisonment for any term of not less than three months which has not expired or has expired within five years previously for a crime consisting of or including an assault on any person, and”.

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,”.

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:

“(4) It shall not be lawful for any registered firearms dealer to return to any person a firearm or ammunition given to the dealer for repair, test or proof unless the person—

(a) produces a firearm certificate authorising him to have possession of the firearm or ammunition, or

(b) proves to the satisfaction of the dealer that he is entitled to have possession of the firearm or ammunition without having a firearm certificate therefor, and”.

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

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”.

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 shall not apply in relation to the importation of a firearm by the holder of a firearm 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)”.

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):

“(6) Where a firearm or ammunition is seized under this section or under section 22 of this Act and a prosecution for an offence under this Act in relation to the firearm or ammunition is not instituted, the firearm or ammunition shall be—

(a) returned to the person who is the owner, consignor or consignee thereof, as may be appropriate, or disposed of, subject to the provisions of this Act, in accordance with the directions of such person, or

(b) made the subject of an application to the District Court under the Police (Property) Act, 1897 , and disposed of in accordance with the terms of the order made by the District Court under that Act in relation to the application.”

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).

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.

(2) Where, in a prosecution for an offence under the Principal Act, possession, use or carriage of a firearm or ammunition by a person is proved, it shall not be necessary to prove that the person was not entitled to have in his possession, use or carry a firearm or ammunition.

Extension of sections 23 and 28 of Larceny Act, 1916.

25.—(1) In sections 23 and 28 of the Larceny Act, 1916 , “offensive weapon” shall include a firearm that is not loaded and an imitation firearm.

(2) In this section and the next two sections “imitation firearm” means anything which is not a firearm but has the appearance of being a firearm.

Possession of firearm while taking vehicle without authority.

26.—(1) A person who contravenes subsection (1) of section 112 of the Road Traffic Act, 1961 , and who at the time of such contravention has with him a firearm or an imitation firearm shall be guilty of an offence and shall be liable on conviction on indictment to a fine not exceeding five hundred pounds or, at the discretion of the court, to penal servitude for a term not exceeding five years or to both such fine and penal servitude.

(2) Where a person is charged with an offence under this section, it shall be a good defence to the charge for him to show that he had the firearm or imitation firearm to which the charge relates with him for a lawful purpose when he did the act alleged to constitute the offence under subsection (1) of the said section 112.

Prohibition of use of firearms to resist arrest or aid escape.

27.—(1) A person shall not use or produce a firearm or an imitation firearm—

(a) for the purpose of or while resisting the arrest of such person or of another person by a member of the Garda Síochána, or

(b) for the purpose of aiding or in the course of the escape or rescue of such person or of another person from the custody of the Garda Síochána or of the person in charge of a prison, remand institution, Saint Patrick's Institution or an institution where criminal lunatics (within the meaning of the Criminal Justice Act, 1960 ) are detained.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on conviction on indictment to a fine not exceeding five hundred pounds, or, at the discretion of the court, to penal servitude for a term not exceeding five years or to both such fine and penal servitude.

Repeals.

28.—(1) Subsection (5) of section 3, section 14 and subsection (2) of section 17 of the Principal Act are hereby repealed.

(2) Where, immediately before the passing of this Act, there was in force an authorisation under section 14 of the Principal Act there shall, upon such passing, be deemed to be in force a firearm certificate relating to the weapon to which the authorisation related granted by a Superintendent.

(3) An occasional licence granted under subsection (2) of section 17 of the Principal Act in relation to a prohibited weapon, and in force immediately before such passing, shall, upon such passing, be deemed to be an occasional licence granted under subsection (4) of the said section 17 in relation to that weapon.

Short title and collective citation.

29.—(1) This Act may be cited as the Firearms Act, 1964.

(2) The Firearms Act, 1925 , and this Act may be cited together as the Firearms Acts, 1925 and 1964.