Number 17 of 1925.
FIREARMS ACT, 1925.
ARRANGEMENT OF SECTIONS
Acts Referred to | |
No. 9 of 1924 | |
No. 10 of 1925 | |
Number 17 of 1925.
FIREARMS ACT, 1925.
Definitions and interpretation.
1.—(1) In this Act—
the word “firearm” means a lethal firearm or other lethal weapon of any description from which any shot, bullet, or other missile can be discharged;
the word “ammunition” (except where used in relation to a prohibited weapon) means ammunition for a firearm but also includes grenades, bombs, and other similar missiles whether the same are or are not capable of being used with a firearm, and also includes any ingredient or component part of any such ammunition or missile;
the expression “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 as aforesaid or for any other weapon) which contains or is designed or adapted to contain any noxious liquid, noxious gas, or other noxious thing;
the expression “firearm certificate” means a firearm certificate granted under this Act;
the expression “firearms 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;
the expression “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;
the word “prescribed” means prescribed by regulations made under this Act;
the expression “the Minister” means the Minister for Justice.
(2) In this Act the word “port” means any authorised place of entry into Saorstát Eireann, and the words “export” and “import” include respectively export and import over a land frontier as well as export and import over a sea frontier, and all cognate words shall be construed accordingly.
Restrictions on possession, use, and carriage of firearms.
2.—(1) Subject to the exceptions from this section hereinafter mentioned, it shall not be lawful for any person after the commencement of this Act to have in his possession, use, or carry any firearm or ammunition save in so far as such possession, use, or carriage is authorised by a firearm certificate granted under this Act and for the time being in force.
(2) Save in any of the cases hereinafter excepted from this section, every person who after the commencement of this Act has in his possession, uses, or carries any firearm without holding a firearm certificate therefor or otherwise than as authorised by such certificate, or purchases, uses, has in his possession, or carries any ammunition without holding a firearm certificate therefor or in quantities in excess of those authorised by such certificate, or fails to comply with any condition subject to which a firearm certificate was granted to him, shall be guilty of an offence under this Act and shall be punishable accordingly.
(3) 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 or carriage of a firearm under and in accordance with a permit issued under this Act and for the time being in force;
(b) the possession, use, or carriage of a firearm or ammunition by a member of the Defence Forces of Saorstát Eireann or of a lawful police force in Saorstát Eireann in the performance of his duty as such member;
(c) the possession, use, or carriage of a firearm or ammunition by a registered firearms dealer in the ordinary course of his business as such dealer;
(d) the possession or carriage of a firearm or ammunition in the ordinary course of business by a person engaged in the business of carrying or of warehousing goods for reward;
(e) the possession of a firearm or ammunition on board a ship as part of the equipment of the ship;
(f) the carriage for sporting purposes only of a firearm or ammunition under instructions from and for the use of the holder of a firearm certificate for such firearm or ammunition;
(g) the possession, carriage, or use of a humane killer in the ordinary course of business by a butcher, slaughterman, knacker, or other person engaged in the business of the humane slaughter of animals.
Grant, form, and effect of firearm certificates.
3.—(1) The superintendent of the Gárda Síochána of any district may, subject to the limitations and restrictions imposed by this Act, upon the application of any person residing in such district and upon the payment by such person of the fee (if any) for the time being required by law, grant to such person a firearm certificate.
(2) The Minister may, at his discretion but subject to the limitations and restrictions imposed by this Act, upon the application of any person not ordinarily resident in Saorstát Eireann and upon payment by such person of the fee (if any) for the time being required by law, grant to such person a firearm certificate.
(3) Every firearm certificate shall continue in force until the 31st day of July next after the grant thereof, but a firearm certificate granted during the month of July 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.
(4) Every firearm certificate shall be in the prescribed form and shall operate and be expressed to authorise the person to whom the same is granted—
(a) to have in his possession, use, and carry the particular firearm described in the certificate, and
(b) to purchase and use in such firearm during the currency of such certificate such quantity of ammunition for such firearm as shall be specified in the certificate, and
(c) to have in his possession at any one time and carry so much only of the ammunition so purchased as shall be specified in the certificate.
(5) 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 such firearm to be used only for killing animals or birds other than game on land occupied by the person to whom such certificate is granted.
(6) Every firearm in respect of which a firearm certificate is granted shall be marked in the prescribed manner with a number or other prescribed mark of identification and such number or mark shall be entered in the firearm certificate.
Conditions of grant of firearm certificate.
4.—Before granting a firearm certificate to any person under this Act the superintendent of the Gárda Síochána or the Minister (as the case may require) shall be satisfied that such person—
(a) has a good reason for requiring the firearm in respect of which the certificate is applied for, and
(b) can be permitted to have in his possession, use, and carry a firearm or ammunition without danger to the public safety or to the peace, and
(c) is not a person declared by this Act to be disentitled to hold a firearm certificate.
Revocation of firearm certificates.
5.—The superintendent of the Gárda Síochána of the district in which the holder of a firearm certificate resides may at any time revoke such certificate if he is satisfied that the holder of such certificate—
(a) has no good reason for requiring the firearm to which the certificate relates, or
(b) is a person who cannot, without danger to the public safety or to the peace, be permitted to have a firearm in his possession, or
(c) is a person who is declared by this Act to be disentitled to hold a firearm certificate, or
(d) where the firearm certificate limits the purposes for which the firearm to which it relates may be used, is using such firearm for purposes not authorised by the certificate.
Sale of firearm when certificate refused or revoked.
6.—Where a superintendent of the Gárda Síochána refuses an application for a firearm certificate or revokes a firearm certificate and the applicant for or holder of the certificate has a firearm, with or without ammunition therefor, in his possession in Saorstát Eireann at the time of such refusal or revocation, such applicant or holder shall forthwith deliver such firearm and ammunition (if any) to such superintendent who shall retain the same, but such applicant or holder shall be at liberty to sell such firearm and ammunition (if any) to any person approved of by such superintendent and on such sale taking place and the provisions of this Act being complied with by the purchaser, the superintendent shall hand such firearm and ammunition (if any) to such purchaser.
Permit to bring firearm ashore.
7.—(1) Where a person has a firearm in his possession on board ship as part of the equipment of the ship, any superintendent of the Gárda Síochána may, if he thinks fit so to do, and subject to the provisions of this Act, issue to such person a permit to bring such firearm ashore for repair and to have such firearm repaired at any specified place in Saorstát Eireann.
(2) Every permit issued under this section shall remain in force only for such period (not exceeding in any case one month) from the date of the issue thereof as shall be nominated by the person applying for the permit and approved by the superintendent issuing the same and specified by him in the permit.
Persons disentitled to hold a firearm certificate or a permit.
8.—(1) The following persons are hereby declared to be disentitled to hold a firearm certificate, that is to say:—
(a) any person under the age of fifteen years, and
(b) any person of intemperate habits, and
(c) any person of unsound mind, and
(d) any person who has been sentenced by any court in Saorstát Eireann for any crime to penal servitude for any term which has not expired or has expired within five years previously, and
(e) any person who has been sentenced by any court in Saorstát Eireann for any crime to imprisonment for any term of not less than three months which has not expired or has expired within five years previously, and
(f) any person who is subject to the supervision of the police, and
(g) any person who is bound by a recognizance to keep the peace or be of good behaviour, a condition of which is that such person shall not have in his possession, or use, or carry any firearm or ammunition.
(2) Any person who is by virtue of this section disentitled to hold a firearm certificate shall also be disentitled to hold a permit under this Act in relation to any firearm or ammunition.
Register of firearms dealers to be kept.
9.—(1) The Minister shall cause a register of firearms dealers to be established and kept.
(2) Every person, who, immediately before the expiration of the Firearms (Temporary Provisions) Act, 1924 (No. 9 of 1924), as continued by the Firearms (Temporary Provisions) (Continuance) Act, 1925, is registered in the register of firearms dealers kept in pursuance of regulations made under that Act shall be entitled at any time before the expiration of that Act to apply in accordance with the provisions of this section for registration in the register of firearms dealers to be established under this section, and every such person who so applies and pays the fee (if any) for the time being required by law shall be entitled to be registered in the last-mentioned register as on and from the commencement of this Act.
(3) Any person who, after the commencement of this Act, applies in accordance with the provisions of this section to be registered in the register of firearms dealers and pays the fee (if any) for the time being required by law and satisfies the Minister that he is immediately about to carry on business as a firearms dealer in Saorstát Eireann in premises suitable for that business, may be registered in such register, but when considering any such application for registration the Minister shall have regard to the character of the applicant, the number of registered firearms dealers in the neighbourhood in which the applicant proposes to carry on business, and generally to the public safety and the preservation of the peace.
(4) Every registration of a person in the register of firearms dealers shall, unless previously revoked, continue in force for one year and shall then expire, and every renewal of any such registration shall continue in force for one year only from the date of the expiration of the first registration or of the next previous renewal, as the case may be.
(5) Every registered firearms dealer shall be entitled to renew his registration in the register of firearms dealers at any time within one month before the expiration of his existing registration or renewal on application therefor in accordance with the provisions of this section and payment of the fee (if any) for the time being required by law.
(6) Every application for registration in the register of firearms dealers or for renewal of such registration shall be made to the Minister in the prescribed form and manner and shall contain the prescribed particulars.
(7) Every person registered in the register of firearms dealers shall be entitled on such registration and on every renewal thereof to obtain from the Minister a certificate in writing of such registration or renewal.
Restrictions on manufacture and sale of firearms.
10.—(1) On and after the commencement of this Act it shall not be lawful for any person to manufacture, sell, repair, test, or prove, or expose for sale, or have in his possession for sale, repair, test, or proof, by way of trade or business, any firearm or ammunition unless such person is registered in the register of firearms dealers.
(2) It shall not be lawful for any firearms dealer to sell to any person (other than a registered firearms dealer or a person officially authorised) any firearm or ammunition, unless at the time of such sale the person to whom such firearm or ammunition is sold—
(a) produces a firearm certificate authorising him to purchase or hire (as the case may be) such firearm or ammunition, or
(b) proves to the satisfaction of such firearms dealer that he is by virtue of this Act entitled to have possession of such firearm or ammunition without having a firearm certificate therefor.
(3) It shall be the duty of every person who sells a firearm or ammunition to any person (other than a registered firearms dealer or a person officially authorised)—
(a) to comply with the instructions (if any) addressed to such seller contained in the firearm certificate produced at the time of such sale by the person to whom such firearm or ammunition is sold, and
(b) in the case of a sale of a firearm within forty-eight hours after such sale to send by registered post notice thereof to the superintendent of the Gárda Síochána of the district in which the firearm certificate aforesaid was granted.
(4) It shall not be lawful for any registered firearms dealer to undertake the repair, test, or proof, of any firearm or ammunition for any person (other than a registered firearms dealer or a person officially authorised) unless such person produces to such firearms dealer before such repair, test, or proof is undertaken as aforesaid either a firearm certificate authorising such person to have possession of such firearm or ammunition or a permit authorising such person to bring such firearm ashore for repair.
(5) Every person who contravenes any of the provisions of this section shall be guilty of an offence under this Act and shall be punishable accordingly.
(6) In this section—
(a) the expression “a person officially authorised” means a person authorised by the Minister for Defence to effect the transaction in question for the purposes of the Defence Forces of Saorstát Eireann or authorised by the Minister to effect the transaction in question for the purposes of any lawful police force in Saorstát Eireann, and
(b) the word “sell” includes letting on hire and lending and the word “purchase” includes hiring and borrowing, and cognate words shall be construed accordingly.
Removal of names from register of firearms dealers.
11.—(1) The Minister may at the request of any person who is registered in the register of firearms dealers remove the name of such person from the register aforesaid.
(2) If and when the Minister is satisfied that any person who is registered in the register of firearms dealers—
(a) no longer carries on business as a firearms dealer, or
(b) no longer has a place of business as such firearms dealer in Saorstát Eireann, or
(c) cannot any longer be permitted to carry on such business without danger to the public safety or to the peace, or
(d) has been convicted by a court of competent jurisdiction of an offence under this Act or under any section thereof,
the Minister may remove the name of such person from the register aforesaid.
(3) Upon the removal under this section from the register of firearms dealers of the name of any person registered therein, such person shall forthwith deliver up to the Minister the certificate of registration in such register furnished to him under this Act and any person who fails so to deliver up such certificate shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding five pounds and a further fine not exceeding two pounds for every day during which the offence continues.
Register to be kept by firearms dealer.
12.—(1) It shall be the duty of every registered firearms dealer to keep or cause to be kept a register of all purchases, hirings, sales, repairs, and other transactions of or in relation to firearms or ammunition made by him, and within twenty-four hours after every such transaction to enter or cause to be entered in such register the prescribed particulars in respect of such transaction.
(2) Where the particulars required by this section to be entered in the register aforesaid in respect of any transaction are not known to the firearms dealer it shall be his duty at or before the completion of such transaction to demand such particulars from the person with whom the transaction takes place and it shall be the duty of such person on such demand to furnish such particulars accordingly.
(3) Every register kept in pursuance of this section may be inspected at all reasonable times by any member of the Gárda Síochána or any officer of customs and excise for any purpose arising out of or in connection with this Act or any regulation made thereunder, and it shall be the duty of the firearms dealer by or for whom such register is kept to produce for the inspection of such member of the Gárda Síochána or such officer of customs and excise on demand such register and also all invoices, consignment notes, receipts, and other documents (including copies thereof where the originals are not available) reasonably demanded by such member or officer for the purpose of verifying any entry in or explaining any omission from such register.
(4) If any registered firearms dealer—
(a) fails to keep or cause to be kept such register as is required by this section, or
(b) fails to make or cause to be made in such register within the time prescribed by this section any entry required by this section to be made therein, or
(c) makes or permits to be made in such register any entry which is to his knowledge false or misleading in any material respect,
he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.
(5) If any person required by this section to furnish any particulars to a registered firearms dealer refuses so to furnish such particulars or furnishes any such particulars which are to his knowledge false or misleading in any material respect, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.
(6) For the purposes of this section—
(a) inspection of a register or document shall include taking copies or extracts therefrom, and
(b) a demand for inspection of a register or other document shall be deemed to have been duly made by a member of the Gárda Síochána or an officer of customs and excise if such demand is made verbally on the premises on which such register or document is kept to the manager, secretary, book-keeper, or other member of the clerical staff of such premises, and
(c) a refusal or failure to produce a register or other document for inspection if made or committed on any premises in which, the registered firearms dealer carries on business as such dealer by a person in his employment shall be deemed to have been committed by the registered firearms dealer.
Inspection of stock of firearms dealer.
13.—(1) Any member of the Gárda Síochána may at all reasonable times enter the premises of any registered firearms dealer and there inspect any firearms and ammunition and any materials used in the manufacture, repair, test, or proof thereof found on such premises.
(2) Every person who shall obstruct or impede any member of the Gárda Síochána in the exercise of any of the powers conferred on him by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
Prohibition of manufacture and possession, etc., of weapons discharging noxious liquids.
14.—(1) It shall not be lawful for any person without the authority of the Minister for Defence to manufacture, sell, purchase, hire, let on hire, use, or carry, or to have in his possession, custody, or control, or knowingly to have on his premises any prohibited weapon as defined in this Act.
(2) Every person who after the commencement of this Act and without the authority of the Minister for Defence manufactures, sells, purchases, hires, lets on hire, uses, or carries, or has in his possession, custody or control, or knowingly has on his premises any prohibited weapon as so defined shall be guilty of a misdemeanour, and shall be liable on conviction thereof to suffer penal servitude for any term not exceeding five years or imprisonment with or without hard labour for any term not exceeding two years.
Possession of firearms with intent to endanger life.
15.—Any person who after the passing of this Act has in his possession or under his control any firearms 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 such 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 felony, and on conviction thereof shall be liable to suffer penal servitude for a term not exceeding twenty years, or imprisonment with or without hard labour for a term not exceeding two years, and the firearm or ammunition aforesaid shall be forfeited.
Restriction on export or removal of firearms or ammunition.
16.—(1) It shall not be lawful for any person to consign—
(a) for export from Saorstát Eireann, or
(b) for removal from one place in Saorstát Eireann to another such place,
any firearm or ammunition, unless such export or removal is authorised in writing by the superintendent of the Gárda Síochána of the district from which such firearm or ammunition is consigned for export or removal.
(2) Every person who consigns for export or removal as aforesaid any firearm or ammunition contrary to the provisions of this section shall be guilty of an offence under this Act and shall be punishable accordingly.
(3) Upon the conviction of any person of the offence of contravening the provisions of this section, the court may, where the person so convicted is the owner of any firearm or ammunition the subject of such offence, in addition to any other punishment awarded under this Act, make such order as to the forfeiture of such firearm or ammunition as the court thinks fit.
(4) The offence of contravening the provisions of this section shall not be deemed to have been committed by the holder of a firearm certificate carrying with him from or in Saorstát Eireann the firearm or any ammunition authorised by such certificate to be carried by the holder thereof.
(5) This section shall not apply to any consignment of any firearm or ammunition belonging to or purchased or intended for the use of the Defence Forces of Saorstát Eireann or any lawful police force in Saorstát Eireann.
Restrictions on the import of firearms, prohibited weapons and ammunition.
17.—(1) No person shall import into Saorstát Eireann any firearm, ammunition, or prohibited weapon unless such import is authorised by a continuing licence granted under this section and in force at the time, or by an occasional licence granted under this section and relating to the specific firearm, ammunition or prohibited weapon so imported.
(2) An occasional licence to import a prohibited weapon may be granted by the Minister for Defence to such person, upon such terms, and subject to such conditions as he shall think fit, and every such occasional licence shall operate and be expressed to authorise the importation into Saorstát Eireann of the prohibited weapon specified in such licence through the port, by the person, within the time, and subject to the conditions named in such licence.
(3) A continuing licence to import firearms or ammunition may on application in the prescribed manner be granted by the Minister if he thinks fit so to do to any registered firearms dealer, and every such continuing licence shall operate and be expressed to authorise the importation into Saorstát Eireann of firearms and ammunition generally or of any specified class or classes of firearms and ammunition through the port, by the registered dealer, during the period (not exceeding six months), and subject to the conditions named in such licence.
(4) An occasional licence to import into Saorstát Eireann a firearm, with or without ammunition therefor, may, on application in the prescribed manner be granted by the Minister to any person who holds or could be granted a firearm certificate for the firearm and ammunition (if any) in respect of which the occasional licence is sought or is a registered firearms dealer and every such occasional licence shall operate and be expressed to authorise the importation into Saorstát Eireann of the firearm and the quantity of ammunition (if any) specified in such licence through the port, by the person, within the time (not being more than one month), and subject to the conditions named in such licence.
(5) Every continuing licence granted by the Minister under this section may be varied or revoked by the Minister at any time before its expiration.
(6) If any person imports into Saorstát Eireann a firearm or prohibited weapon or any ammunition without or otherwise than in accordance with a licence under this section authorising such importation or, in the case of ammunition, in quantities in excess of those so authorised, or fails to comply with any condition named in a licence granted to him under this section, he shall be guilty of an offence under this Act and shall be punishable accordingly.
(7) The possession of a licence granted under this section shall not relieve from the obligation to obtain or hold any certificate, permit, or authority required by any other provision of this Act.
(8) This section shall not apply to the importation into Saorstát Eireann of any firearms, ammunition or prohibited weapon which is so imported under the authority of the Minister for Defence for the use of the Defence Forces of Saorstát Eireann or under the authority of the Minister for the use of any lawful police force in Saorstát Eireann.
Powers of officers of customs and excise.
18.—Officers of customs and excise shall have the like powers in relation to any firearms and ammunition the import, export or removal of which is prohibited or restricted by this Act as such officers have by law in relation to other articles, the import or export of which is prohibited or restricted by law.
Powers and duties of officers of the Post Office.
19.—Any officer of the Minister for Posts and Telegraphs may detain and examine and if necessary open for that purpose any postal packet known to him to contain or suspected by him of containing a firearm or prohibited weapon or any ammunition, and if a postal packet so detained contains a firearm or prohibited weapon or any ammunition the officers of the said Minister shall make such inquiries in regard thereto as they think proper, and shall dispose of the packet and the contents thereof (including the firearm, prohibited weapon, or ammunition) in accordance with the instructions of the Minister for Justice, or any superintendent of the Gárda Síochána, and may detain the said packet and contents pending the making of such inquiries and the receipt of such instructions.
Prohibition of taking firearms or ammunition in pawn.
20.—(1) It shall not be lawful for any pawnbroker to take any firearm or ammunition in pawn from any person.
(2) If a pawnbroker takes any firearm or ammunition in pawn from any person he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.
Gárda Síochána may search for and seize certain firearms, etc.
21.—(1) Any member of the Gárda Síochána may at all reasonable times enter upon and have free access to the interior of—
(a) any premises used for the manufacture, sale, repair, test, or proof of firearms or ammunition, or
(b) the premises of any person engaged in the business of carrying goods for reward, or
(c) any warehouse or other premises of any person engaged in the business of warehousing goods for reward, or
(d) any pier, quay, wharf, jetty, dock, or dock premises, or
(e) any ship, boat, railway waggon, motor, lorry, cart, or other vessel or vehicle used for the conveyance of goods.
(2) Any member of the Gárda Síochána may inspect any firearms or ammunition, or any case, box or package found by him in any place entered by him under the authority of this section or upon or in any public place, and may open any such case, box, or package which he reasonably believes or suspects to contain firearms or ammunition, and may seize any firearms or ammunition found in any such place as aforesaid and which he reasonably believes or suspects are being imported into or exported from Saorstát Eireann or are being or have been removed from one place to another in Saorstát Eireann in contravention of the provisions of this Act.
(3) It shall be the duty of every person having custody or control of any firearms or ammunition in any such place as is mentioned in sub-section (1) of this section or upon or in any public place on demand by a member of the Gárda Síochána to afford such member all reasonable facilities for the inspection of such firearms and ammunition and to produce to such member on demand by him any documents in his possession relating to such firearms or ammunition.
(4) If any person—
(a) obstructs or impedes any member of the Gárda Síochána in the exercise of any of the powers conferred on him by this section, or
(b) knowing the name or other particulars of the consignor, consignee, or owner of any firearms or ammunition or of any case, box, or package which such member is entitled to inspect under this section, refuses to give such name or other particulars to such member, or
(c) wilfully or recklessly gives to such member any false or misleading name or other particular of any such consignor, consignee, or owner,
such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof in the case of a first offence to a penalty not exceeding ten pounds, and in the case of a second or any subsequent offence to a penalty not exceeding twenty pounds.
(5) Where any firearms or ammunition are seized by a member of the Gárda Síochána under this section it shall be the duty of such member to notify the owner or the consignor or consignee (if and so far as their names and addresses are known to or can reasonably be ascertained by him) of such seizure.
(6) If it appears to the Minister that there was in respect of any firearms or ammunition seized under this section a contravention or attempted contravention of any of the provisions of this Act or of any regulations made thereunder such firearms or ammunition shall be forfeited to the Minister, and if it appears to the Minister that there was in respect of any such firearms or ammunition seized as aforesaid no such contravention or attempted contravention such firearms or ammunition shall be disposed of in accordance with the directions of the owner or consignor thereof, or, in default of such directions, shall be sold and the net proceeds of sale paid to the consignor.
Powers of members of Gárda Síochána.
22.—(1) Any member of the Gárda Síochána may demand from any person whom he observes or believes to be in possession of, using, or carrying a firearm or any ammunition, the production of his firearm certificate and if such person fails to produce and permit such member to read a firearm certificate authorising him to have possession of, use, or carry (as the case may require) such firearm or ammunition, such member of the Gárda Síochána may unless such person shows that he is entitled by law to have possession of, use, or carry (as the case may require) at that time and in that place such firearm or ammunition without having a firearm certificate therefor demand from such person his name and address.
(2) If any person, on demand being made to him under this section by a member of the Gárda Síochána, refuses to give to such member his name and address or gives a name or address which is false or misleading in any material particular, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
(3) Any member of the Gárda Síochána may arrest without warrant any person who, on demand being made under this section, refuses to give his name and address or gives a name or address which the member of the Gárda Síochána demanding the same knows or suspects to be false or misleading in any material particular.
(4) In addition to any other powers conferred on him under this Act or otherwise, any member of the Gárda Síochána may stop and search and may also arrest without warrant any person whom he believes to be in possession of or to be using or carrying a firearm or ammunition in contravention of any of the provisions of this Act, and may search any such person, and, whether arresting him or not, may seize and detain any firearm or ammunition in his possession or used or carried by him.
Forfeiture of firearms, etc., in certain cases.
23.—(1) Where any person is convicted of an offence under this Act, or is convicted of any crime for which he is sentenced to penal servitude or imprisonment, or is ordered to be subject to police supervision, or is ordered to enter into a recognizance to keep the peace or to be of good behaviour, a condition of which is that the offender shall not possess, use, or carry a firearm, the court before whom such person is convicted or by whom the order is made may make such order as to the forfeiture or disposal of any firearm, prohibited weapon, or ammunition found in the possession of such person, or used or carried by him, as the court shall think fit and may cancel any firearm certificate held by such person.
(2) Where the court cancels a firearm certificate under this section, it shall cause notice of such cancellation to be sent forthwith to the superintendent of the Gárda Síochána of the area in which the certificate was granted.
Search orders.
24.—(1) If any superintendent of the Gárda Síochána is of opinion that there is reasonable ground for supposing that an offence under this Act has been, is being, or is about to be committed, he may issue an order in writing (in this Act called a search order) to any one or more members of the Gárda Síochána under his command and named therein to search any place or premises named in such order.
(2) A search order issued under this section shall authorise the member of the Gárda Síochána named therein to enter the place or premises to which the order relates at any time within twenty-four hours after the issuing of such search order, and if need be by force, and to inspect the place or premises so entered, and to take the names and addresses of any persons found therein, and if the premises are premises of a firearms dealer, to seize any books and papers relating to the business of such firearms dealer.
(3) Any member of the Gárda Síochána making a search under a search order may arrest without warrant any person found in the place or on the premises to which the order relates whom he has reason to believe to be guilty of an offence under this Act.
Punishments.
25.—Any person who commits an offence under this Act in respect of which no other punishment is provided by this Act shall be liable in respect of each such offence—
(a) on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment with or without hard labour for a term not exceeding six months, or to both such fine and such imprisonment; or
(b) on conviction thereof on indictment, to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment with or without hard labour for a term not exceeding two years or to both such fine and such imprisonment.
Savings.
26.—(1) Nothing in this Act relating to firearms shall apply to any antique firearm which is sold, bought, carried, or possessed as a curiosity or ornament.
(2) The provisions of this Act relating to ammunition shall be in addition to and not in derogation of any enactment relating to the keeping and sale of explosives.
Minister may make regulations.
27.—(1) The Minister may make regulations for carrying this Act into effect and in particular may by such regulations prescribe the forms of firearm certificates and of permits to be issued under this Act and of the register to be kept by registered firearms dealers, and also any other matter or thing which is in this Act referred to as prescribed or to be prescribed.
(2) Every regulation made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either House of the Oireachtas within the next subsequent twenty-one days on which such House has sat after the regulation is laid before it annulling such regulation, such regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under such regulation.
Partial continuance of Firearms (Temporary Provisions) Act, 1924.
28.—Notwithstanding anything to the contrary contained in the Firearms (Temporary Provisions) (Continuance) Act, 1925 (No. 10 of 1925), the Firearms (Temporary Provisions) Act, 1924 (No. 9 of 1924), and every regulation made thereunder which is in force on the 31st day of July, 1925, shall continue in force after that day so far as but no further than is necessary to authorise and enable persons charged before, on, or after the said 31st day of July, 1925, with having committed on or before that day any offence under the said Firearms (Temporary Provisions) Act, 1924, or any breach of any such regulation as aforesaid to be prosecuted and tried and, if found guilty, to be convicted and sentenced under the said Act and regulations after the said 31st day of July, 1925, and to authorise and enable any appeal (including an appeal by way of case stated) against any conviction and sentence (whether before, on, or after the said 31st day of July, 1925) for an offence under the said Act or breach of any such regulation to be brought, heard, and determined after the said 31st day of July, 1925.
Repeal.
29.—The Firearms Act, 1920, is hereby repealed.
Short title and commencement.
30.—(1) This Act may be cited as the Firearms Act, 1925.
(2) This Act shall come into operation on the 1st day of August, 1925.