PART 5

Amendment of Firearms Acts

25 .— In this Part “Principal Act” means the Firearms Act 1925 .

26 .— Section 1 of the Principal Act is amended by the substitution of the following subsection for subsection (1):

“(1) In this Act—

“ ammunition ” (except where used in relation to a prohibited weapon) means ammunition for a firearm and includes—

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

(b) any ingredient or component part of any such ammunition or missile, and

(c) restricted ammunition, unless the context otherwise requires;

“ 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;

“ firearm ” means—

(a) a lethal firearm or other lethal weapon of any description from which any shot, bullet or other missile can be discharged,

(b) an air gun (including an air rifle and air pistol) with a muzzle energy greater than one joule or any other weapon incorporating a barrel from which any projectile can be discharged with such a muzzle energy,

(c) a crossbow,

(d) any type of stun gun or other weapon for causing any shock or other disablement to a person by means of electricity or any other kind of energy emission,

(e) a prohibited weapon,

(f) any article which would be a firearm under any of the foregoing paragraphs but for the fact that, owing to the lack of a necessary component part or parts, or to any other defect or condition, it is incapable of discharging a shot, bullet or other missile or projectile or of causing a shock or other disablement, as the case may be,

(g) except where the context otherwise requires, any component part of any article referred to in any of the foregoing paragraphs and, without prejudice to the generality of the foregoing, the following articles shall be deemed to be such component parts:

(i) telescope sights with a light beam, or telescope sights with an electronic light amplification device or an infra-red device, designed to be fitted to a firearm specified in paragraph (a), (b), (c) or (e),

(ii) a silencer designed to be fitted to a firearm specified in paragraph (a), (b) or (e), and

(iii) any object—

(I) manufactured for use as a component in connection with the operation of a firearm, and

(II) without which it could not function as originally designed,

and

(h) a device capable of discharging blank ammunition and to be used as a starting gun or blank firing gun,

and includes a restricted firearm, unless otherwise provided or the context otherwise requires;

“firearm certificate” means a firearm certificate granted under this Act and, unless the context otherwise requires, includes a restricted firearm certificate, a firearms training certificate and a firearm certificate granted under the Firearms (Firearm Certificates for Non-Residents) Act 2000 ;

“firearm 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;

“ firearms training certificate ” has the meaning given to it by section 2A of this Act;

“ issuing person ”, in relation to the grant or renewal of a firearm certificate, authorisation or licence, means, as the case may be, the Minister, the Commissioner or the superintendent of the Garda Síochána of the district where an applicant for or holder of the firearm certificate, authorisation or licence is residing;

“ Minister ” means the Minister for Justice, Equality and Law Reform;

“ muzzle energy ”, in relation to a firearm, means the energy of a projectile discharged by it, measured at its muzzle in joules;

“ 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 or any other weapon) which contains or is designed or adapted to contain any noxious liquid, noxious gas or other noxious thing;

“ place ” includes a dwelling;

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

“ 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;

“restricted ammunition” means ammunition which is declared under section 2B(b) of this Act to be restricted ammunition;

“restricted firearm” means a firearm which is declared under section 2B(a) of this Act to be a restricted firearm;

“working mechanism”, in relation to a firearm, includes the mechanism for loading, cocking and discharging it and ejecting spent ammunition.”.

27 .— Section 2 of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (2A):

“(2A) A person who is guilty of an offence under this section is liable—

(a) in case the firearm is a restricted firearm or the ammunition is restricted ammunition—

(i) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, and

(ii) on conviction on indictment, to a fine not exceeding €20,000 or imprisonment for a term not exceeding 7 years or both,

and

(b) in any other case—

(i) on summary conviction, to a fine not exceeding €2,500 or imprisonment for a term not exceeding 12 months or both, and

(ii) on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 5 years or both.”,

(b) by the deletion of subsection (2B),

(c) in subsection (4)—

(i) by the deletion, in paragraph (c), of “this Act” and the insertion of “the Firearms Act 1964 ”,

(ii) by the substitution of the following paragraph for paragraph (d):

“(d) the possession, use or carriage of a firearm or ammunition during a competition or target practice at a club, shooting range or any other place that stands authorised under this section or section 4A of this Act”,

and

(iii) by the substitution of the following paragraphs for paragraph (j):

“(j) the possession or carriage of a firearm or ammunition by a person, or the employee of a person, authorised under section 10(4A) of this Act,

(k) the possession, use or carriage of a firearm or ammunition for the purpose of bird control at an airport by an employee or agent of the airport authority who stands authorised in that behalf under this section.”,

(d) in subsection (5)(a), by the deletion of “or (h)” and the insertion of “, (h) or (j)”,

(e) in subsection (5)(c), by the deletion of “rifle or other gun”, and

(f) by the addition of the following subsection:

“(6) In subsections (3)(g) and (4) (other than paragraphs (d), (i) and (k)), references to a firearm or ammunition do not include references to a restricted firearm or restricted ammunition.”.

28 .— The following section is inserted after section 2 of the Principal Act:

“Firearms training certificate.

2A.— (1) The Commissioner, on application and payment of the prescribed fee (if any), may issue to a person over 14 years of age a certificate (in this Act referred to as a “firearms training certificate”) authorising the person to possess a firearm and ammunition (except a restricted firearm and restricted ammunition) only while—

(a) carrying and using the firearm for hunting or target shooting—

(i) under the supervision of a specified person over 18 years of age who holds a firearm certificate in respect of it, and

(ii) where the firearm is used for target shooting, on the premises of an authorised rifle or pistol club or at an authorised shooting range or other place that stands authorised under section 2(5) of this Act,

and

(b) complying with such other conditions (if any) as the Commissioner may impose in the interests of public safety and security.

(2) Where the applicant is under 16 years of age, the application for a firearms training certificate shall be accompanied by the written consent of the applicant’s parent or guardian.

(3) The firearms training certificate shall be in the prescribed form.

(4) Where such an application is refused, the Commissioner shall inform the applicant in writing and give the reasons for the refusal.

(5) A firearms training certificate shall continue in force for a period of 3 years from the date on which it was granted, unless revoked.

(6) The Commissioner may revoke a firearms training certificate if of opinion that the holder is not complying, or has not complied, with the conditions subject to which the certificate was granted.

(7) A holder of a firearms training certificate who, without reasonable excuse, does not comply with the conditions subject to which the certificate was granted is guilty of an offence and liable on summary conviction—

(a) for a first offence, to a fine not exceeding €500, and

(b) for any subsequent offence, to a fine not exceeding €1,000.

(8) It is an offence under this Act for the holder of a firearm certificate in respect of the firearm to which the firearms training certificate relates to permit, without reasonable excuse, the holder of that certificate to carry or use the firearm while not under his or her supervision.”.

29 .— The following section is inserted after section 2A of the Principal Act:

“Restricted firearms and ammunition.

2B.— The Minister may, in the interests of public safety and security, by order—

(a) declare specified firearms to be restricted firearms for the purposes of this Act by reference to one or more than one of the following criteria:

(i) category;

(ii) calibre;

(iii) working mechanism;

(iv) muzzle energy;

(v) description;

and

(b) declare specified ammunition to be restricted ammunition for the purposes of this Act by reference to one or more than one of the following criteria:

(i) category;

(ii) calibre;

(iii) weight;

(iv) kinetic energy;

(v) ballistic co-efficient;

(vi) design;

(vii) composition;

(viii) description.”.

30 .— The following section is substituted for section 3 of the Principal Act:

“Applications for, and form and effect of, firearm certificates.

3.— (1) Application for a firearm certificate (other than a restricted firearm certificate) shall be made to the superintendent of the Garda Síochána of the district in which the applicant resides.

(2) Application for a restricted firearm certificate shall be made to the Commissioner.

(3) The application shall be in the prescribed form and be accompanied by—

(a) the prescribed fee (if any), and

(b) if the applicant intends to use the firearm to hunt and kill exempted wild mammals within the meaning of the Wildlife Act 1976 (other than hares), a current licence to do so under section 29(1) of that Act.

(4) The applicant shall supply in writing any further information that the superintendent or the Commissioner may require in the performance of his or her functions under this section.

(5) A firearm certificate shall be in the prescribed form and, subject to subsection (6) of this section, shall authorise the person to whom it is granted—

(a) to possess, use and carry the firearm specified in the certificate,

(b) to purchase ammunition for use in the firearm, and

(c) at any one time to possess or carry not more than the amount of ammunition specified in the certificate.

(6) Where the firearm is a shot-gun, the firearm certificate may, subject to subsection (11) of this section, authorise it to be used only for killing animals or birds other than protected wild animals or protected wild birds within the meaning of the Wildlife Act 1976 by the holder of the certificate either (as may be expressed in the certificate)—

(a) on land occupied by the holder, or

(b) on land occupied by another person.

(7) A firearm certificate which is in force shall continue in force for a period of 3 years from the date on which it was granted, unless revoked, and for any further such period for which it may be renewed.

(8) The holder of a firearm certificate may apply for renewal of the certificate within three months before it ceases to be in force.

(9) A decision on an application for a firearm certificate or its renewal shall be given within 3 months from the date on which the applicant submitted a completed application form.

(10) Where the application is refused, the applicant shall be informed in writing of the refusal and the reason for it.

(11) The following provisions have effect in relation to a certificate in the form referred to in subsection (6) of this section (in this subsection referred to as a “limited certificate”):

(a) a limited certificate relating to land occupied by a person other than the applicant for the certificate shall not be granted unless the occupier of the land has given the applicant a nomination in writing for holding the certificate;

(b) a limited certificate relating to any land shall not be granted in respect of any period if there is a limited certificate relating to the land already in force in respect of that period;

(c) a limited certificate shall not be granted unless the whole of the land to which it would relate is occupied by one person;

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

(12) A firearm in respect of which a firearm certificate is granted shall be marked in the prescribed manner with a number or other prescribed identifying mark, and the number or mark shall be entered on the certificate.

(13) A person who—

(a) knowingly gives false or misleading information to an issuing person in relation to an application for a firearm certificate or for its renewal,

(b) forges a document purporting to be a firearm certificate or uses or knowingly possesses it, or

(c) with intent to deceive, uses or alters a firearm certificate or uses a firearm certificate so altered,

is guilty of an offence and liable—

(i) on summary conviction, to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both, or

(ii) on conviction on indictment, to a fine not exceeding €20,000 or imprisonment for a term not exceeding 5 years or both.

(14) Subsection (13) of this section is without prejudice to Part 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001 .

(15) Section 12 (limited use of shot-gun) of the Firearms Act 1964 is repealed.”.

31 .— The following section is inserted after section 3 of the Principal Act:

“Issue of guidelines etc. by Commissioner.

3A.— (1) The Commissioner may, with the consent of the Minister, from time to time issue guidelines in relation to the practical application and operation of any provision of the Firearms Acts 1925 to 2006.

(2) In particular, the Commissioner may issue such guidelines in relation to applications for firearm certificates and authorisations under this Act and to the conditions which may be attached to those certificates and authorisations.”.

32 .— The following section is substituted for section 4 of the Principal Act:

“Conditions of grant of firearm certificate.

4.— (1) An issuing person shall not grant a firearm certificate unless he or she is satisfied that the applicant complies with the conditions referred to in subsection (2) and will continue to comply with them during the currency of the certificate.

(2) The conditions subject to which a firearm certificate may be granted are that, in the opinion of the issuing person, the applicant—

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

(b) can be permitted to possess, use and carry the firearm and ammunition without danger to the public safety or security or the peace,

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

(d) has provided secure accommodation for the firearm and ammunition at the place where it is to be kept,

(e) where the firearm is a rifle or pistol to be used for target shooting, is a member of an authorised rifle or pistol club,

(f) has complied with subsection (3),

(g) complies with such other conditions (if any) specified in the firearm certificate, including any such conditions to be complied with before a specified date as the issuing person considers necessary in the interests of public safety or security, and

(h) in case the application is for a restricted firearm certificate—

(i) has a good and sufficient reason for requiring such a firearm, and

(ii) has demonstrated that the firearm is the only type of weapon that is appropriate for the purpose for which it is required.

(3) An applicant for a firearm certificate shall supply to the issuing person the information requested in the application form and such further information as the issuing person may require in the performance of the person’s functions under this Act, including, in particular—

(a) proof of identity,

(b) proof of competence in the use of the firearm concerned,

(c) written consent for any enquiries in relation to the applicant’s medical history that may be made from a health professional by or on behalf of the issuing person, and

(d) names and addresses of two referees who may be contacted to attest to the applicant’s character.

(4) A member of the Garda Síochána may inspect the accommodation for a firearm provided by an applicant for a firearm certificate or require the applicant to provide proof of its existence.

(5) The Minister, in consultation with the Commissioner, may by regulations provide for minimum standards to be complied with by holders of firearm certificates in relation to the provision of secure accommodation for their firearms.

(6) In this section “ health professional” means doctor or psychiatrist registered under any enactments governing the profession concerned or a clinical psychologist.”.

33 .— The following section is inserted after section 4 of the Principal Act:

“Authorisation of rifle or pistol clubs or shooting ranges.

4A.— (1) A rifle or pistol club or the owner or operator of a rifle or pistol shooting range shall not allow any firearm or ammunition to be used or stored on the premises of or at the club or shooting range in connection with target shooting unless an authorisation under this section to do so is in force.

(2) An application for such an authorisation shall be made to the Commissioner in the prescribed form by an officer of the club authorised in that behalf or by the owner or operator of the shooting range.

(3) The application shall be accompanied by—

(a) the prescribed fee, and

(b) in the case of a shooting range, a firearms range certificate which is in force.

(4) The application form shall contain a copy of any regulations under subsection (13) or of the material part of them.

(5) The applicant shall supply in writing any further information that the Commissioner may need in the performance of his or her functions under this Act.

(6) The Commissioner shall grant an authorisation to the applicant for the use and storage of rifles, pistols and ammunition on the premises of the club or shooting range concerned, or on a specified part of those premises, for the purpose of target shooting only if satisfied—

(a) that their use or storage will not endanger public safety or security or the peace,

(b) that the club or shooting range is responsibly managed, and

(c) in the case of a shooting range, that a firearms range certificate in respect of it is in force.

(7) A decision on the application shall be given within 3 months from the date on which a completed application form was submitted.

(8) The Commissioner may at any time by notice in writing—

(a) attach to the authorisation such conditions as he or she thinks necessary for the purpose of securing that the operation of the club or shooting range and the use and storage of rifles, pistols and ammunition on the premises of or at the club or range concerned does not endanger public safety or security or the peace,

(b) at any time for that purpose vary any of those conditions, and

(c) require that some or all of them be complied with before a specified date.

(9) An authorisation which is in force shall continue in force for a period of 5 years from the date on which it was granted, unless revoked, and for any further such period or periods for which it may be renewed.

(10) A renewal of an authorisation may be applied for within 3 months before the authorisation ceases to be in force.

(11) The Commissioner may, if no longer satisfied in relation to any of the matters mentioned in paragraphs (a) to (c) of subsection (6), revoke the authorisation of the club or shooting range concerned by notice in writing addressed to the applicant or the person or persons for the time being responsible for its management.

(12) On receipt of such a notice the person or persons so notified shall forthwith surrender to the superintendent of the district in which the club or range is situated the authorisation and any rifles, pistols or ammunition stored on its premises.

(13) The Minister, in consultation with the Commissioner, may by regulations specify minimum standards to be complied with by a rifle or pistol club or shooting range before an authorisation under this section may be granted in respect of it.

(14) The minimum standards shall be determined—

(a) in the case of a club, by reference to any or all of the following matters:

(i) security of its premises;

(ii) membership;

(iii) management,

(b) in the case of a shooting range, by reference to any or all of the following matters:

(i) security of the range;

(ii) membership;

(iii) management;

(iv) design, construction and maintenance;

(v) types of firearms and ammunition to be used;

(vi) level of competence of persons using the range.

(15) For the purpose of ascertaining whether conditions attached to an authorisation under this section are being complied with, a member of the Garda Síochána authorised in that behalf may, on production if required of the authorisation or a copy of it, enter any premises occupied or used by the club or shooting range concerned and inspect the premises and anything in them.

(16) Any person who by act or omission impedes or obstructs a member of the Garda Síochána in the exercise of the member’s functions under subsection (15) of this section is guilty of an offence and liable on summary conviction to a fine of €1,000 and imprisonment for a term of 3 months or both.

(17) The Commissioner shall cause a register of clubs and shooting ranges for the time being authorised under this section to be established and maintained.

(18) It is an offence—

(a) for a club or the owner or operator of a shooting range—

(i) to contravene subsection (1) of this section, or

(ii) without reasonable excuse, not to comply with any conditions attached to an authorisation under this section,

(b) for a person not to comply with subsection (12) of this section, or

(c) for a person, without reasonable excuse, to participate in the activities of such a club or shooting range for which an authorisation under this section is not in force.

(19) In proceedings against a person for an offence under subsection (18)(a)(i) of this section it is a defence to prove that the defendant took reasonable precautions and exercised due diligence to avoid committing the offence.

(20) A person guilty of an offence under subsection (18) of this section is liable—

(a) on summary conviction, to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both, and

(b) on conviction on indictment, to a fine not exceeding €20,000 or imprisonment for a term not exceeding 7 years or both.

(21) In this section—

“ firearms range certificate ” means a certificate issued under section 4B(3)(a) of this Act;

“ rifle or pistol club ” means a club established for the purpose of promoting skill in the use of rifles and pistols for target shooting;

“ shooting range ” does not include a range or shooting gallery referred to in section 2(4)(e) of this Act.”.

34 .— The following section is inserted in the Principal Act after section 4:

“Firearms range inspectors.

4B.— (1) The Minister may by warrant appoint such and so many persons as he or she thinks necessary to be firearms range inspectors and may revoke any such appointment.

(2) It shall be the duty of a firearms range inspector—

(a) to examine applications for the authorisation of rifle and pistol shooting ranges, and

(b) to inspect rifle and pistol shooting ranges for the purpose of ensuring their compliance with the minimum standards provided for in regulations under section 4A(13) of this Act.

(3) After inspecting a rifle or pistol shooting range, an inspector may—

(a) if satisfied that the range complies with those minimum standards, issue a firearms range certificate in respect of it, and

(b) if not so satisfied, refuse to issue such a certificate or revoke any such certificate that is in force.

(4) An inspector who suspects, with reasonable cause, that any place is being used for rifle or pistol target shooting may enter and inspect it.

(5) The Minister shall issue to each inspector the warrant of appointment, or a copy of it, for production, on request, when an inspector is exercising any power conferred by this section.

(6) The terms and conditions of appointment of firearms range inspectors shall be determined by the Minister, with the consent of the Minister for Finance.”.

35 .— The following section is substituted for section 5 of the Principal Act:

“Revocation of firearm certificates.

5.— (1) An issuing person may at any time revoke a firearm certificate granted by the person if satisfied that the holder of the certificate—

(a) has not a good reason for requiring the firearm to which the certificate relates,

(b) is a person who cannot, without danger to the public safety or security or the peace, be permitted to possess a firearm,

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

(d) where the firearm certificate limits the purposes for which the firearm to which it relates may be used, is using the firearm for purposes not authorised by the certificate,

(e) has not complied with a condition attached to the grant of the certificate, or

(f) where the firearm is authorised to be carried or used by a holder of a firearms training certificate, has, without reasonable excuse, permitted the holder of that certificate to carry or use the firearm while not under his or her supervision.

(2) The reason for revoking a firearm certificate shall be communicated in writing by the issuing person to the holder of the certificate.

(3) Where a firearm certificate is revoked or otherwise ceases to be in force, the issuing person may direct in writing that the holder surrender the firearm or ammunition concerned or both to the custody of the superintendent of the district where the holder resides or to a member of the Garda Síochána acting on the superintendent’s behalf.”.

36 .— Section 6 of the Principal Act is amended—

(a) by the deletion of “When a Superintendent revokes a firearm certificate” and the insertion of “When a firearm certificate is revoked”, and

(b) in paragraph (a), by the insertion of “of the district in which the person resides” after “Superintendent”.

37 .— Section 8 of the Principal Act is amended in subsection (1) by the deletion of paragraphs (d), (e), (f) and (g) and the insertion of the following paragraphs:

“(d) any person who has been sentenced to imprisonment for—

(i) an offence under the Firearms Acts 1925 to 2006, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005 , or

(ii) an offence under the law of another state involving the production or use of a firearm,

and the sentence has not expired or it expired within the previous 5 years,

(e) any person who is bound by a recognisance to keep the peace or be of good behaviour, a condition of which is that the person shall not possess, use or carry any firearm or ammunition, and

(f) any person not ordinarily resident in the State (except a person who is temporarily so resident) for a period of 6 months before applying for a firearm certificate.”.

38 .— Section 9 of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (4):

“(4) The registration of a person in the register of firearms dealers shall continue in force for a period of 3 years from the date of the registration, unless previously revoked and, if renewed, for a further period of 3 years from the expiration of that period or, as the case may be, of any subsequent such period for which the registration was renewed.”,

and

(b) by the insertion of the following subsections after subsection (9):

“(10) The Minister, after consultation with the Commissioner, may by regulations specify minimum standards to be complied with in relation to premises in which a firearms dealer carries on business or proposes to do so.

(11) The minimum standards shall be determined by reference to—

(a) the security of the premises,

(b) their safety, and

(c) their standard of construction,

and having regard to their use for, as the case may be, the manufacture, repair, testing, proving or sale of firearms or ammunition.

(12) Applicants for renewal of registration shall satisfy the Minister that their premises comply with the minimum standards specified in any regulations under subsection (10) of this section.

(13) Without prejudice to subsection (3) of this section, the following persons are declared to be disentitled to be registered in the register of firearms dealers:

(a) a person under the age of 21 years;

(b) a person of unsound mind;

(c) a person who has been sentenced to imprisonment for an offence under the Firearms Acts 1925 to 2006, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005 ;

(d) a person who is bound by a recognisance to keep the peace or be of good behaviour, a condition of which is that the person shall not possess, use or carry a firearm or ammunition.”.

39 .— Section 10 is amended by the insertion of the following subsections after subsection (4):

“(4A) It is an offence for—

(a) a registered firearms dealer (notwithstanding subsection (1) of this section),

(b) a person engaged in the business of carrying or warehousing goods for reward, or

(c) an auctioneer who stands authorised under section 13 of the Firearms Act 1964 ,

to possess, use, carry, sell or expose for sale a restricted firearm in the ordinary course of business, unless authorised to do so by an authorisation under this section which is in force.

(4B) Application for such an authorisation shall be made to the Minister in the prescribed form by a person mentioned in subsection (4A) and be accompanied by the prescribed fee (if any).

(4C) The applicant shall supply in writing any further information that the Minister may require in the performance of his or her functions under this section.

(4D) An application for renewal of an authorisation may be made within 3 months before it ceases to be in force.

(4E) An application for an authorisation or its renewal shall be refused if granting it would, in the opinion of the Minister, prejudice public safety or security.

(4F) A decision on an application for an authorisation or its renewal shall be given within 3 months from the date on which the applicant submitted a completed application form.

(4G) An authorisation under this section which is in force shall, unless earlier revoked, continue in force for a period of 3 years from the date on which it was granted and, if renewed, for a further period of 3 years from the expiration of that period or, as the case may be, of any subsequent such period for which the authorisation was renewed.”.

40 .— The following section is inserted after section 10 of the Principal Act:

“Reloading of ammunition.

10A.— (1) A person (except a registered firearms dealer or the holder of a licence under this section) who reloads ammunition is guilty of an offence.

(2) An application for a licence under this section shall be in the prescribed form, be accompanied by the prescribed fee (if any) and be made to the superintendent of the Garda Síochána of the district in which the applicant resides.

(3) A superintendent shall not grant a licence under this section unless satisfied that the following conditions are complied with:

(a) the applicant holds a firearm certificate;

(b) the reloading of ammunition will not, in the particular circumstances, endanger public safety or security or the peace;

(c) the person has a special need which, in the opinion of the superintendent, is sufficient to justify granting the licence;

(d) the applicant is competent to reload ammunition;

(e) the premises where the reloading is to take place are sufficiently safe and secure for that purpose.

(4) The superintendent may at any time—

(a) attach to the licence such further conditions as he or she considers necessary for the purpose of preventing danger to members of the public or the peace or for ensuring that ammunition is reloaded only to satisfy the special need of the applicant, and

(b) for that purpose vary any of those conditions.

(5) The licence—

(a) shall be in the prescribed form,

(b) shall be granted for a specified period not exceeding 3 years, and

(c) may be revoked by the superintendent if he or she is no longer satisfied that any condition mentioned in subsection (3) of this section is being or will be complied with.

(6) A person who, without reasonable excuse, does not comply with a condition mentioned in subsection (3) or (4) of this section is guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding one year or both, or

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.

(7) The Minister may by order specify the maximum quantity and type of component parts of ammunition that may be purchased, sold, stored or used to reload ammunition by an individual who holds a licence under this section or a registered firearms dealer.

(8) In this section “reloading ammunition” means making ammunition from spent ammunition, and cognate expressions shall be construed accordingly.”.

41 .— Section 11 of the Principal Act is amended—

(a) in subsection (2), by the substitution of the following paragraph for paragraph (d):

“(d) has become a person who is declared under section 9(13) of this Act to be disentitled to be registered in the register of firearms dealers,”,

and

(b) by the substitution of the following subsections for subsection (3):

“(3) A person whose name is removed under this section from the register of firearms dealers shall, on such removal, forthwith deliver up to the Minister—

(a) the person’s certificate of registration or renewal, and

(b) the register kept by the person under subsection (1) of section 12 of this Act.

(4) A person who contravenes subsection (3) of this section is guilty of an offence and on summary conviction is liable to a fine not exceeding €3,000.”.

42 .— The following section is substituted for section 15 of the Principal Act:

“Possession of firearms with intent to endanger life.

15.— (1) Any person who possesses or controls any firearm or ammunition—

(a) with intent to endanger life or cause serious injury to property, or

(b) with intent to enable any other person by means of the firearm or ammunition to endanger life or cause serious injury to property,

shall, whether any injury to person or property has or has not been caused thereby, be guilty of an offence.

(2) A person guilty of an offence under this section is liable on conviction on indictment—

(a) to imprisonment for life or such shorter term as the court may determine, subject to subsections (4) to (6) of this section or, where subsection (8) of this section applies, to that subsection, and

(b) at the court’s discretion, to a fine of such amount as the court considers appropriate,

and the firearm or ammunition concerned shall be forfeited.

(3) The court, in imposing sentence on a person for an offence under this section, may, in particular, have regard to whether the person has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005 .

(4) Where a person (except a person under the age of 18 years) is convicted of an offence under this section, the court shall, in imposing sentence, specify a term of imprisonment of not less than 10 years as the minimum term of imprisonment to be served by the person.

(5) Subsection (4) of this section does not apply where the court is satisfied that there are exceptional and specific circumstances relating to the offence, or the person convicted of it, which would make a sentence of imprisonment of not less than 10 years unjust in all the circumstances, and for this purpose the court may have regard to any matters it considers appropriate, including—

(a) whether the person pleaded guilty to the offence and, if so—

(i) the stage at which the intention to plead guilty was indicated,

(ii) the circumstances in which the indication was given,

and

(b) whether the person materially assisted in the investigation of the offence.

(6) The court, in considering for the purposes of subsection (5) of this section whether a sentence of not less than 10 years imprisonment is unjust in all the circumstances, may have regard, in particular, to—

(a) whether the person convicted of the offence has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005 , and

(b) whether the public interest in preventing the unlawful possession or use of firearms would be served by the imposition of a lesser sentence.

(7) Subsections (4) to (6) of this section apply and have effect only in relation to a person convicted of a first offence under this section (other than a person who falls under subsection (8)(b) of this section), and accordingly references in those first-mentioned subsections to an offence under this section are to be construed as references to a first such offence.

(8) Where a person (except a person under the age of 18 years)—

(a) is convicted of a second or subsequent offence under this section,

(b) is convicted of a first offence under this section and has been convicted of an offence under section 26, 27, 27A or 27B of the Firearms Act 1964 or section 12A of the Firearms and Offensive Weapons Act 1990 ,

the court shall, in imposing sentence, specify a term of imprisonment of not less than 10 years as the minimum term of imprisonment to be served by the person.

(9) Section 27C of the Firearms Act 1964 applies in relation to proceedings for an offence under this section and to any minimum term of imprisonment imposed under subsection (4) or (8) of this section in those proceedings.”.

43 .— The following section is inserted after section 15 of the Principal Act:

“Appeal to District Court.

15A.— (1) An appeal may be made to the District Court by a person aggrieved by any of the following decisions made by an issuing person:

(a) to refuse to grant a firearms training certificate under section 2A of this Act;

(b) to refuse to grant or renew a firearm certificate under section 3 of this Act;

(c) to refuse to grant or renew an authorisation for a rifle or pistol club or shooting range under section 4A of this Act;

(d) to revoke a firearm certificate under section 5 of this Act;

(e) to refuse to register a person, or to renew a registration, in the register of firearms dealers under section 9 of this Act;

(f) to grant or renew an authorisation under section 10 of this Act;

(g) to remove the name of a person from the register of firearms dealers under section 11 of this Act;

(h) to refuse to grant a licence under section 10A of this Act;

(i) to refuse to grant an authorisation under section 16(1) of this Act;

(j) to refuse to grant a licence for the import of firearms or ammunition or a prohibited weapon under section 17 of this Act or to vary such a licence or conditions named in it;

(k) to refuse to renew a firearm certificate under section 9 of the Firearms Act 1964 ; or

(l) to refuse to grant a firearm certificate, or to revoke such a certificate, under section 2 of the Firearms (Firearm Certificate for Non-Residents) Act 2000.

(2) An appeal shall be made within 30 days of receipt of notice of the decision concerned.

(3) On the appeal the Court may—

(a) confirm the decision,

(b) adjourn the proceedings and direct the issuing person to reconsider the decision in the light of the appeal proceedings, or

(c) allow the appeal.

(4) Where the appeal is allowed, the issuing person shall give effect to the Court’s decision.

(5) For the purposes of this section—

(a) an issuing person—

(i) who is required under section 3(9), 4A(7) or 10(4F) to decide on an application within a specified period, and

(ii) who does not so decide,

is deemed to have decided to refuse to grant the application,

(b) the applicant is deemed to have received notice of the decision on the expiration of that period, and

(c) as the case may be, section 3(10) does not apply in relation to the application.

(6) The jurisdiction conferred on the District Court by this section shall be exercised by the judge of that Court assigned to the district in which the appellant resides or carries on business.”.

44 .— Section 17 of the Principal Act is amended by the insertion of the following subsections after subsection (4):

“(4A) Notwithstanding subsections (1) to (4) of this section, a licence for importing a firearm, ammunition or prohibited weapon may not be granted unless—

(a) the applicant has a good reason for importing it,

(b) granting the licence would not prejudice public safety or security, and

(c) if the application relates to a restricted firearm or restricted ammunition, the applicant—

(i) if a registered firearms dealer, possesses an authorisation under section 10 of this Act, or

(ii) in any other case, is the holder of a restricted firearm certificate in respect of the firearm or ammunition concerned,

which is in force.

(4B) An applicant for a licence under this section shall supply in writing any further information that the Minister may require in the performance of his or her functions under this section.

(4C) The reason for refusing an application for a licence under this section or for its renewal shall be communicated in writing to the applicant.”.

45 .— The following section is substituted for section 25 of the Principal Act:

“Punishments.

25.— Any person who commits an offence under this Act in respect of which no other punishment is provided is liable in respect of each such offence—

(a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €20,000 or imprisonment for a term not exceeding 5 years or both.”.

46 .— The following section is inserted after section 25 of the Principal Act:

“Surrender of firearms and offensive weapons.

25A.— (1) The Minister may by order appoint a specified period during which a person may surrender at any Garda station or at any other place approved for the purpose by a superintendent of the Garda Síochána any of the following weapons:

(a) a firearm;

(b) a flick-knife;

(c) a weapon of offence.

(2) When surrendering a weapon during the specified period, the person—

(a) shall give his or her name, address and proof of identity to a member of the Garda Síochána at the Garda Síochána station or place concerned, and

(b) shall be informed by the member that the weapon and any thing in which it was surrendered may be forensically examined or tested.

(3) Proceedings for an offence shall not be instituted against any person who surrenders a weapon under this section if—

(a) in the case of a firearm, the offence consists only in the possession, carrying and use (other than in the commission of another offence) of the firearm without being the holder of a firearm certificate, in contravention of section 2 of this Act, or

(b) in the case of a flick-knife or other weapon of offence, the offence is an offence under section 9(4) or 10(1)(b) of the Firearms and Offensive Weapons Act 1990 .

(4) Any surrendered weapon or any substance or thing found on or in it or on or in any thing in which it was surrendered may be subjected to forensic examination or testing for the purpose of—

(a) determining whether any such weapon, substance or thing is in a safe and stable condition, or

(b) discovering information concerning an offence other than an offence referred to in subsection (3) of this section.

(5) In any proceedings, a surrendered weapon and any substance or thing referred to in subsection (4) of this section is admissible in evidence.

(6) A surrendered weapon may be disposed of in a manner deemed appropriate by the Commissioner.

(7) In this section—

“ firearm ” includes ammunition;

“ flick-knife ” has the meaning given to it in section 9(9) of the Firearms and Offensive Weapons Act 1990 ;

“ weapon of offence ” has the meaning given to it in section 10(2) of the said Act of 1990.”.

47 .— The following section is inserted in the Principal Act after section 25A:

“Surrender of firearm for ballistic testing.

25B.— (1) The Commissioner may by notice in writing require any person lawfully possessing a firearm to produce it at such time and place as may be specified in the notice for the purpose of having ballistic or other tests carried out on it and of establishing and recording its distinctive characteristics.

(2) A person who, without reasonable excuse, does not comply with such a notice is guilty of an offence under this Act.”.

48 .— The following section is inserted after section 25B of the Principal Act:

“Delegation of Commissioner’s functions.

25C.— The Commissioner may appoint in writing a member of the Garda Síochána, or members of a particular rank in the Garda Síochána, not below the rank of superintendent to perform any of the Commissioner’s functions under this Act.”.

49 .— The following section is inserted in the Principal Act after section 25C:

“Liability of officers of bodies corporate.

25D.— (1) Where—

(a) an offence under this Act is committed by a body corporate, and

(b) it is proved to have been committed with the consent, connivance or approval of, or to have been attributable to any neglect on the part of, a person who—

(i) was a director, manager, secretary or other officer of the body corporate, or

(ii) was a person purporting to act in any such capacity,

that person, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished as if the person were guilty of the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) of this section applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director or manager of the body corporate.

(3) The foregoing provisions apply, with the necessary modifications, where the offence was committed by an unincorporated body.”.

50 .— The following section is substituted for section 27 of the Principal Act:

“Regulations.

27.— (1) The Minister may make regulations prescribing any matter referred to in this Act as prescribed or to be prescribed or to be the subject of regulations or for the purpose of enabling any of its provisions to have full effect.

(2) The regulations may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations.

(3) Regulations prescribing fees shall be made with the consent of the Minister for Finance.”.

51 .— The following section is inserted after section 27 of the Principal Act:

“Laying of orders or regulations before Houses of Oireachtas.

27A.— An order or regulation under 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 it is passed by either such House within the next 21 days on which that House has sat after it has been laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.”.

Amendment of Firearms Act 1964

52 .— Section 1 of the Firearms Act 1964 is amended—

(a) by the substitution of the following definition for the definitions of “the Commissioner” and “the Minister”:

“ “ 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;

“ the Minister ” means the Minister for Justice, Equality and Law Reform;”,

(b) by inserting the following definition after that of “the Commissioner”:

“ “ firearm ” includes a restricted firearm, unless otherwise provided or the context otherwise requires;”.

53 .— The following section is substituted for section 9 of the Firearms Act of 1964:

“Renewal of firearm certificate.

9.— (1) The Commissioner may from time to time renew a firearm certificate granted by him or her.

(2) The superintendent of the district where the holder of such a certificate resides may from time to time renew such a certificate.

(3) The superintendent of a district where the holder of a firearm certificate resides may from time to time renew a firearm certificate which has been granted by a superintendent.

(4) An inspector or sergeant of the Garda Síochána in the district where the holder of a firearm certificate issued by a superintendent resides may from time to time renew the certificate.

(5) A superintendent, or other member of the Garda Síochána, who is authorised under this section to renew a firearm certificate (“an authorised member”) may refuse to renew it, or vary any conditions to which it is subject under section 4(2)(g) of the Principal Act, only if prior sanction to do so in the particular case has been given by the Commissioner or superintendent, as the case may be.

(6) An application for renewal of a firearm certificate—

(a) shall be in the prescribed form,

(b) shall be accompanied by the prescribed fee (if any), and

(c) may be made within one month before the expiration of the certificate.

(7) A renewal of a firearm certificate shall be in the prescribed form.

(8) Before renewing a firearm certificate, an authorised member shall be of opinion that the conditions to which it is subject have been complied with and will continue to be complied with during the period for which the certificate is renewed.

(9) On the renewal of a firearm certificate, an authorised member may, subject to subsection (5) of this section, vary any conditions to which the certificate is subject under section 4(2)(g) of the Principal Act, if of opinion that such a variation is necessary in the interests of public safety or security.”.

54 .— Section 11 of the Firearms Act 1964 is amended—

(a) in subsection (1), by the deletion of “Minister may substitute for the description of a firearm in a firearm certificate granted by him” and the insertion of “Minister or the Commissioner may substitute for the description of a firearm in a firearm certificate granted by him or her”, and

(b) in subsection (2), by the insertion of—

(i) “(other than a restricted firearm)” after “firearm”, where it first occurs, and

(ii) “such” after “another”.

55 .— Section 13 of the Firearms Act 1964 is amended by the insertion of the following subsections after subsection (6):

“(7) In this section, references to a firearm and ammunition do not include references to a restricted firearm or restricted ammunition.

(8) This section is without prejudice to subsections (4A) to (4G) of section 10 of the Principal Act.”.

56 .— Section 21 of the Firearms Act 1964 is amended—

(a) in subsection (1), by the insertion of “or ammunition” after “firearms” and “firearm”, where they first occur, and

(b) by the insertion of the following subsection after subsection (2):

“(3) In this section, “ammunition” does not include—

(a) component parts of ammunition, or

(b) grenades, bombs and other similar missiles or their component parts.”.

57 .— The following section is substituted for section 26 of the Firearms Act 1964 :

“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 the contravention has with him or her a firearm or imitation firearm is guilty of an offence.

(2) A person guilty of an offence under this section is liable on conviction on indictment—

(a) to imprisonment for a term not exceeding 14 years or such shorter term as the court may determine, subject to subsections (4) to (6) of this section or, where subsection (8) of this section applies, to that subsection, and

(b) at the court’s discretion, to a fine of such amount as the court considers appropriate.

(3) The court, in imposing sentence on a person for an offence under this section, may, in particular, have regard to whether the person has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005 .

(4) Where a person (other than a person under the age of 18 years) is convicted of an offence under this section, the court shall, in imposing sentence, specify a term of imprisonment of not less than 5 years as the minimum term of imprisonment to be served by the person.

(5) Subsection (4) of this section does not apply where the court is satisfied that there are exceptional and specific circumstances relating to the offence, or to the person convicted of it, which would make the minimum term unjust in all the circumstances, and for this purpose the court may have regard to any matters it considers appropriate, including—

(a) whether the person pleaded guilty to the offence and, if so—

(i) the stage at which the intention to plead guilty was indicated, and

(ii) the circumstances in which the indication was given,

and

(b) whether the person materially assisted in the investigation of the offence.

(6) The court, in considering for the purposes of subsection (5) of this section whether a sentence of not less than 5 years imprisonment is unjust in all the circumstances, may have regard, in particular, to—

(a) whether the person convicted of the offence has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005 , and

(b) whether the public interest in preventing the unlawful possession or use of firearms would be served by the imposition of a lesser sentence.

(7) Subsections (4) to (6) of this section apply and have effect only in relation to a person convicted of a first offence under this section (other than a person who falls under subsection (8)(b) of this section), and accordingly references in those first-mentioned subsections to an offence under this section are to be construed as references to a first such offence.

(8) Where a person (except a person under the age of 18 years)—

(a) is convicted of a second or subsequent offence under this section,

(b) is convicted of a first offence under this section and has been convicted of an offence under section 15 of the Principal Act, section 27, 27A or 27B of this Act or section 12A of the Firearms and Offensive Weapons Act 1990 ,

the court shall, in imposing sentence, specify a term of imprisonment of not less than 5 years as the minimum term of imprisonment to be served by the person.

(9) In proceedings for an offence under this section it is a good defence for the defendant to show that he or she had the firearm or imitation firearm for a lawful purpose when doing the act alleged to constitute the offence under subsection (1) of the said section 112.

(10) Section 27C of this Act applies in relation to proceedings for an offence under this section and any minimum term of imprisonment imposed under subsection (4) or (8) of this section in those proceedings.”.

58 .— The following section is substituted for section 27 of the Firearms Act 1964 :

“Prohibition of use of firearms to assist or aid escape.

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

(a) for the purpose of or while resisting the arrest of the 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 the person or of another person from lawful custody.

(2) A person who contravenes subsection (1) of this section is guilty of an offence and liable on conviction on indictment—

(a) to imprisonment for life or such shorter term as the court may determine, subject to subsections (4) to (6) of this section or, where subsection (8) of this section applies, to that subsection, and

(b) at the court’s discretion, to a fine of such amount as the court considers appropriate.

(3) The court, in imposing sentence on a person for an offence under this section, may, in particular, have regard to whether the person has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005 .

(4) Where a person (other than a person under the age of 18 years) is convicted of an offence under this section, the court shall, in imposing sentence, specify a term of imprisonment of not less than 10 years as the minimum term of imprisonment to be served by the person.

(5) Subsection (4) of this section does not apply where the court is satisfied that there are exceptional and specific circumstances relating to the offence, or to the person convicted of it, which would make the minimum term unjust in all the circumstances, and for this purpose the court may have regard to any matters it considers appropriate, including—

(a) whether the person pleaded guilty to the offence and, if so—

(i) the stage at which the intention to plead guilty was indicated, and

(ii) the circumstances in which the indication was given,

and

(b) whether the person materially assisted in the investigation of the offence.

(6) The court, in considering for the purposes of subsection (5) of this section whether a sentence of not less than 10 years imprisonment is unjust in all the circumstances, may have regard, in particular, to—

(a) whether the person convicted of the offence has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005 , and

(b) whether the public interest in preventing the unlawful possession or use of firearms would be served by the imposition of a lesser sentence.

(7) Subsections (4) to (6) of this section apply and have effect only in relation to a person convicted of a first offence under this section (other than a person who falls under subsection (8)(b) of this section), and accordingly references in those first-mentioned subsections to an offence under this section are to be construed as references to a first such offence.

(8) Where a person (except a person under the age of 18 years)—

(a) is convicted of a second or subsequent offence under this section,

(b) is convicted of a first offence under this section and has been convicted of an offence under section 15 of the Principal Act, section 26, 27A or 27B of this Act or section 12A of the Firearms and Offensive Weapons Act 1990 ,

the court shall, in imposing sentence, specify a term of imprisonment of not less than 10 years as the minimum term of imprisonment to be served by the person.

(9) Section 27C of this Act applies in relation to proceedings for an offence under this section and any minimum term of imprisonment imposed under subsection (4) or (8) of this section in those proceedings.”.

59 .— The following section is substituted for section 27A of the Firearms Act 1964 :

“Possession of firearm or ammunition in suspicious circumstances.

27A.— (1) It is an offence for a person to possess or control a firearm in circumstances that give rise to a reasonable inference that the person does not possess or control it for a lawful purpose, unless the person possesses or controls it for such a purpose.

(2) A person guilty of an offence under this section is liable on conviction on indictment—

(a) to imprisonment for a term not exceeding 14 years or such shorter term as the court may determine, subject to subsections (4) to (6) of this section or, where subsection (8) of this section applies, to that subsection, and

(b) at the court’s discretion, to a fine of such amount as the court considers appropriate.

(3) The court, in imposing sentence on a person for an offence under this section, may, in particular, have regard to whether the person has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005 .

(4) Where a person (other than a person under the age of 18 years) is convicted of an offence under this section, the court shall, in imposing sentence, specify a term of imprisonment of not less than 5 years as the minimum term of imprisonment to be served by the person.

(5) Subsection (4) of this section does not apply where the court is satisfied that there are exceptional and specific circumstances relating to the offence, or the person convicted of it, which would make the minimum term unjust in all the circumstances, and for this purpose the court may have regard to any matters it considers appropriate, including—

(a) whether the person pleaded guilty to the offence and, if so—

(i) the stage at which the intention to plead guilty was indicated, and

(ii) the circumstances in which the indication was given,

and

(b) whether the person materially assisted in the investigation of the offence.

(6) The court, in considering for the purposes of subsection (5) of this section whether a sentence of not less than 5 years imprisonment is unjust in all the circumstances, may have regard, in particular, to—

(a) whether the person convicted of the offence has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005 , and

(b) whether the public interest in preventing the unlawful possession or use of firearms would be served by the imposition of a lesser sentence.

(7) Subsections (4) to (6) of this section apply and have effect only in relation to a person convicted of a first offence under this section (other than a person who falls under subsection (8)(b) of this section), and accordingly references in those first-mentioned subsections to an offence under this section are to be construed as references to a first such offence.

(8) Where a person (except a person under the age of 18 years)—

(a) is convicted of a second or subsequent offence under this section,

(b) is convicted of a first offence under this section and has been convicted of an offence under section 15 of the Principal Act, section 26, 27 or 27B of this Act or section 12A of the Firearms and Offensive Weapons Act 1990 ,

the court shall, in imposing sentence, specify a term of imprisonment of not less than 5 years as the minimum term of imprisonment to be served by the person.

(9) Section 27C of this Act applies in relation to proceedings for an offence under this section and any minimum term of imprisonment imposed under subsection (4) or (8) of this section in those proceedings.

(10) In the application of section 2 of the Criminal Law (Jurisdiction) Act 1976 to this section, it shall be presumed, unless the contrary is shown, that a purpose that is unlawful in the State is unlawful in Northern Ireland.”.

60 .— The following section is substituted for section 27B of the Firearms Act 1964 :

“Carrying firearm with criminal intent.

27B.— (1) It is an offence for a person to have with him or her a firearm, or an imitation firearm, with intent—

(a) to commit an indictable offence, or

(b) to resist or prevent the arrest of the person or another person,

in either case while the person has the firearm or imitation firearm with him or her.

(2) A person guilty of an offence under this section is liable on conviction on indictment—

(a) to imprisonment for a term not exceeding 14 years or such shorter term as the court may determine, subject to subsections (4) to (6) of this section or, where subsection (8) of this section applies, to that subsection, and

(b) at the court’s discretion, to a fine of such amount as the court considers appropriate.

(3) The court, in imposing sentence on a person for an offence under this section, may, in particular, have regard to whether the person has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005 .

(4) Where a person (other than a person under the age of 18 years) is convicted of an offence under this section, the court shall, in imposing sentence, specify a term of imprisonment of not less than 5 years as the minimum term of imprisonment to be served by the person.

(5) Subsection (4) of this section does not apply where the court is satisfied that there are exceptional and specific circumstances relating to the offence, or the person convicted of it, which would make the minimum term unjust in all the circumstances, and for this purpose the court may have regard to any matters it considers appropriate, including—

(a) whether the person pleaded guilty to the offence and, if so—

(i) the stage at which the intention to plead guilty was indicated, and

(ii) the circumstances in which the indication was given,

and

(b) whether the person materially assisted in the investigation of the offence.

(6) The court, in considering for the purposes of subsection (5) of this section whether a sentence of not less than 5 years imprisonment is unjust in all the circumstances, may also have regard, in particular, to—

(a) whether the person convicted of the offence has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005 , and

(b) whether the public interest in preventing the unlawful possession or use of firearms would be served by the imposition of a lesser sentence.

(7) Subsections (4) to (6) of this section apply and have effect only in relation to a person convicted of a first offence under this section (other than a person who falls under subsection (8)(b) of this section), and accordingly references in those first-mentioned subsections to an offence under this section are to be construed as references to a first such offence.

(8) Where a person (except a person under the age of 18 years)—

(a) is convicted of a second or subsequent offence under this section,

(b) is convicted of a first offence under this section and has been convicted of an offence under section 15 of the Principal Act, section 26, 27 or 27A of this Act or section 12A of the Firearms and Offensive Weapons Act 1990 ,

the court shall, in imposing sentence, specify a term of imprisonment of not less than 5 years as the minimum term of imprisonment to be served by the person.

(9) In proceedings for an offence under this section proof that the accused had a firearm or imitation firearm with him or her and intended to commit an indictable offence or to resist or prevent arrest is evidence that the accused intended to have it with him or her while doing so.

(10) Section 27C of this Act applies in relation to proceedings for an offence under this section and any minimum term of imprisonment imposed under subsection (4) or (8) of this section in those proceedings.”.

61 .— The following section is inserted in the Firearms Act 1964 after section 27B:

“Provisions relating to minimum sentences under Firearms Acts 1925 to 2006.

27C.— (1) In this section, “ minimum term of imprisonment ” means a term specified by a court under—

(a) section 15 of the Principal Act,

(b) section 26, 27, 27A or 27B of this Act, and

(c) section 12A of the Firearms and Offensive Weapons Act 1990 ,

less any reduction in the period of imprisonment under subsection (3) of this section.

(2) The power to commute or remit punishment conferred by section 23 of the Criminal Justice Act 1951 does not apply in relation to a minimum term of imprisonment.

(3) The rules or practice whereby prisoners generally may earn remission of sentence by industry and good conduct apply in relation to a person serving such a minimum term.

(4) Any powers conferred by rules made under section 2 of the Criminal Justice Act 1960 , as applied by section 4 of the Prisons Act 1970 , to release temporarily a person serving a sentence of imprisonment shall not be exercised during a minimum term of imprisonment, unless for grave reason of a humanitarian nature, and any release so granted shall be only of such limited duration as is justified by that reason.”.

Amendment of Criminal Justice Act 1984

62 .— Section 15 of the Criminal Justice Act 1984 is amended by the substitution of “€2,500” for “£1,000”.

Amendment of Firearms and Offensive Weapons Act 1990

63 .— The Firearms and Offensive Weapons Act 1990 is amended—

(a) by the repeal of section 4,

(b) in section 6(1), by the substitution of “paragraph (f) of the definition of “firearm” in section 1(1) of the Principal Act” for “section 4(1)(f)”, and

(c) in section 7(8), by the substitution of “paragraph (g)(ii) of the definition of “firearm” in section 1(1) of the Principal Act” for “section 4(1)(g)”.

64 .— The following section is inserted after section 8 of the Firearms and Offensive Weapons Act 1990 :

“Other amendments to Firearms Acts.

8A.— Each provision of the Firearms Acts 1925 to 2006 specified in Schedule 1 to the Criminal Justice Act 2006 is amended in the manner specified in the third and fourth columns opposite the mention of that provision in the first column of that Schedule.”.

65 .— The following section is inserted after section 12 of the Firearms and Offensive Weapons Act 1990 :

“Shortening barrel of shot-gun or rifle.

12A.— (1) Subject to subsection (2), a person who shortens the barrel of—

(a) a shot-gun to a length of less than 61 centimetres, or

(b) a rifle to a length of less than 50 centimetres,

is guilty of an offence.

(2) It is not an offence under subsection (1) for a registered firearms dealer to shorten the barrel of a shot-gun or rifle to a length of less than 61 or 50 centimetres respectively if the sole purpose of doing so is to replace a defective part of the barrel with a barrel of not less than 61 or 50 centimetres, as the case may be.

(3) It is an offence for a person to convert into a firearm anything which resembles a firearm but is not capable of discharging a projectile.

(4) Subject to subsection (5), it is an offence to modify a firearm so as to render its reloading mechanism fully automatic or to increase its calibre, irrespective of whether the firearm, as so modified, is a restricted firearm.

(5) Subsection (4) does not apply to a firearm designed and manufactured so as to enable barrels of different calibres to be attached to it.

(6) It is an offence for a person (except a registered firearms dealer) to possess without lawful authority or reasonable excuse—

(a) a shot-gun the barrel of which is less than 61 centimetres in length,

(b) a rifle the barrel of which is less than 50 centimetres in length,

(c) a converted firearm mentioned in subsection (3), or

(d) a firearm which has been modified as described in subsection (4).

(7) A person who is guilty of an offence under this section is liable on conviction on indictment—

(a) to imprisonment for a term not exceeding 10 years or such shorter term as the court may determine, subject to subsections (9) to (11) of this section or, where subsection (13) of this section applies, to that subsection, and

(b) at the court’s discretion, to a fine of such amount as the court considers appropriate.

(8) The court, in imposing sentence on a person for an offence under this section, may, in particular, have regard to whether the person has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005 .

(9) Where a person (other than a person under the age of 18 years) is convicted of an offence under this section, the court shall, in imposing sentence, specify a term of imprisonment of not less than 5 years (in this section referred to as the “minimum term of imprisonment”) as the minimum term of imprisonment to be served by the person.

(10) Subsection (9) does not apply where the court is satisfied that there are exceptional and specific circumstances relating to the offence, or to the person convicted of it, which would make the minimum term of imprisonment unjust in all the circumstances, and for this purpose the court may have regard to any matters it considers appropriate, including—

(a) whether the person pleaded guilty to the offence and, if so—

(i) the stage at which the intention to plead guilty was indicated, and

(ii) the circumstances in which the indication was given,

and

(b) whether the person materially assisted in the investigation of the offence.

(11) The court, in considering for the purposes of subsection (10) of this section whether a sentence of not less than 5 years imprisonment is unjust in all the circumstances, may have regard, in particular, to—

(a) whether the person convicted of the offence has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005 , and

(b) whether the public interest in preventing the unlawful possession or use of firearms would be served by the imposition of a lesser sentence.

(12) Subsections (9) to (11) of this section apply and have effect only in relation to a person convicted of a first offence under this section (other than a person who falls under subsection (13)(b) of this section), and accordingly references in those first-mentioned subsections to an offence under this section are to be construed as references to a first such offence.

(13) Where a person (except a person under the age of 18 years)—

(a) is convicted of a second or subsequent offence under this section,

(b) is convicted of a first offence under this section and has been convicted of an offence under section 15 of the Principal Act or section 26, 27A or 27B of the Firearms Act 1964 ,

the court shall, in imposing sentence, specify a term of imprisonment of not less than 5 years as the minimum term of imprisonment to be served by the person.

(14) Section 27C of the Firearms Act 1964 applies in relation to proceedings for an offence under this section and any minimum term of imprisonment imposed under subsection (9) or (13) in those proceedings.”.

66 .— Section 1 of the Firearms (Firearm Certificates for Non-Residents) Act 2000 is amended—

(a) by the insertion of the following definition after the definition of “the Act of 1976”—

“ “ 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;”,

and

(b) by the insertion of the following definition after the definition of “the Principal Act”:

“ “ restricted firearm ” means a firearm which is declared under section 2B(a) of the Principal Act to be a restricted firearm;”.

67 .— Section 2 of the Firearms (Firearm Certificates for Non-Residents) Act 2000 is amended—

(a) in subsection (1), by the insertion of “, Commissioner” after “Minister” on both occasions where it occurs,

(b) in subsection (2), by the insertion of the following paragraph after paragraph (a):

“(aa) in case the firearm is a restricted firearm and is intended only for the purposes mentioned in paragraph (a), to the Minister or Commissioner,”,

(c) in subsection (4), by the insertion of “or (aa)” after “paragraph (a)”, and

(d) in subsection (5), by the insertion of “, Commissioner” after “Minister”.