Criminal Justice (Miscellaneous Provisions) Act 2023
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Insertion of new section 14A into Act of 1925 | ||
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15. The Act of 1925 is amended by the insertion of the following section after section 14: | ||
“Offences regarding alteration of marking of firearms | ||
14A. (1) A person who, unless— | ||
(a) permitted by the Firearms Acts 1925 to 2023, or | ||
(b) otherwise in accordance with law, | ||
intentionally falsifies, removes, or otherwise obliterates or alters the marking of a firearm shall be guilty of an offence. | ||
(2) A person guilty of an offence under this section shall be liable— | ||
(a) if the firearm referred to in subsection (1) is a restricted firearm— | ||
(i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or to both, or | ||
(ii) on conviction on indictment, to a fine not exceeding €20,000 or to imprisonment for a term not exceeding 7 years or to both, | ||
or | ||
(b) in any other case— | ||
(i) on summary conviction, to a class C fine or to imprisonment for a term not exceeding 12 months or to both, or | ||
(ii) on conviction on indictment, to a fine not exceeding €10,000 or to imprisonment for a term not exceeding 5 years or to both. | ||
(3) In this section— | ||
‘Act of 1968’ means the Firearms (Proofing) Act 1968 ; | ||
‘marking of a firearm’ means— | ||
(a) a mark to which section 4(1)(a) of the Act of 1968 refers, | ||
(b) a mark to which section 4(1)(b) of the Act of 1968 refers, | ||
(c) a mark to which section 3(12) refers, | ||
(d) a mark provided for by regulations made in accordance with section 26A(c), | ||
(e) a mark to which Article 5 of Commission Implementing Regulation (EU) 2015/2403 of 15 December 20151 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable, as amended by Article 1(3) of Commission Implementing Regulation (EU) 2018/337 of 5 March 20182 amending Implementing Regulation (EU) 2015/2403 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable, refers, | ||
(f) a mark to which Regulation 5 of the Principal Regulations refers, | ||
(g) a mark to which Regulation 6 of the Principal Regulations refers, or | ||
(h) a mark to which Regulation 7 of the Principal Regulations refers; | ||
‘Principal Regulations’ means the European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 ( S.I. No. 209 of 2022 ).”. | ||