Firearms Act 1925


Number 17 of 1925


FIREARMS ACT 1925

REVISED

Updated to 25 May 2018


This Revised Act is an administrative consolidation of the Firearms Act 1925. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Data Protection Act 2018 (7/2018), enacted 24 May 2018, and all statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 17 of 1925


FIREARMS ACT 1925

REVISED

Updated to 25 May 2018


Introduction

The Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

Firearms Acts 1925 to 2009 : this Act is one of a group of Acts included in this collective citation to be construed together as one ( Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 1(2)). The Acts in the group are:

Firearms Act 1925 (17/1925)

Firearms Act 1964 (1/1964)

Firearms Act 1971 (13/1971)

Firearms and Offensive Weapons Act 1990 (12/1990), Part II

Firearms (Firearms Certificates for Non-Residents) Act 2000 (20/2000), other than s. 4

Criminal Justice Act 2006 (26/2006), Part 5 and sch. 1

Criminal Justice Act 2007 (29/2007), Part 6

Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), Part 4

Firearms (Proofing) Act 1968 (20/1968) is excluded from the collective citation from 14.07.2000 by Firearms (Firearms Certificates for Non-Residents) Act 2000, s. 8(2).

Firearms (Temporary Provisions) Act 1998 (32/1998) is excluded from the collective citation from 14.07.2000 by Firearms (Temporary Provisions) Act Continuance Order 1999 (S.I. No. 189 of 1999), art. 2.

European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993), as amended, also deal with firearms.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1986, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Data Protection Act 2018 (7/2018)

Communications Regulation (Postal Services) Act 2011 (21/2011)

Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009)

Criminal Justice Act 2007 (29/2007)

Criminal Justice Act 2006 (26/2006)

Firearms (Firearm Certificates for Non-Residents) Act 2000 (20/2000)

Firearms (Temporary Provisions) Act 1998 (32/1998)

Firearms and Offensive Weapons Act 1990 (12/1990)

Postal and Telecommunications Services Act 1983 (24/1983)

Criminal Law (Jurisdiction) Act 1976 (14/1976)

Wildlife Act 1976 (39/1976)

Firearms Act 1971 (13/1971)

Firearms (Proofing) Act 1968 (20/1968)

Pawnbrokers Act 1964 (31/1964)

Firearms Act 1964 (1/1964)

All Acts up to and including Data Protection Act 2018 (7/2018), enacted 24 May 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Firearms (Storage of Firearms and Ammunition by Firearms Dealers) Regulations 2017 (S.I. No. 646 of 2017)

Firearms (Restricted Firearms and Ammunition) (Amendment) Order 2015 (S.I. No. 391 of 2015)

Firearms (Authorisation of Rifle or Pistol Shooting Ranges) Regulations 2011 (S.I. No. 622 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Firearms (Restricted Firearms And Ammunition) (Amendment) Order 2009 (S.I. No. 337 of 2009)

Firearms (Fees) Regulations 2009 (S.I. No. 312 of 2009)

Firearms Act 1925 (Prescribed Firearm Certificates) Regulations 2009 (S.I. No. 311 of 2009)

Criminal Justice (Miscellaneous Provisions) Act 2009 (Commencement) (No. 2) Order 2009 (S.I. No. 310 of 2009)

Firearms Acts 1925 to 2009 (Firearm Certificate) Regulations 2009 (S.I. No. 295 of 2009)

Firearms (Authorisation of Rifle or Pistol Clubs) Regulations 2009 (S.I. No. 308 of 2009)

Firearms (Secure Accommodation) Regulations 2009 (S.I. No. 307 of 2009)

Criminal Justice (Miscellaneous Provisions) Act 2009 (Commencement Order) 2009 (S.I. No. 293 of 2009)

Firearms (Restricted Firearms and Ammunition) Order 2008 (S.I. No. 21 of 2008)

Firearms Act 1925 (Surrender of Firearms and Offensive Weapons) Order 2006 (S.I. No. 451 of 2006)

Firearms (Temporary Provisions) Act Continuance Order 1999 (S.I. No. 308 of 2009)

European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993)

Firearms (Dangerous Weapons) Order 1972 (S.I. No. 251 of 1972)

Customs-Free Airport (Extension of Laws) Regulations 1962 (S.I. No. 186 of 1962)

Offences Against the State (Scheduled Offences) Order 1972 (S.I. No. 142 of 1972)

All statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, were considered in the preparation of this revision.


Number 17 of 1925.


FIREARMS ACT 1925

REVISED

Updated to 25 May 2018


ARRANGEMENT OF SECTIONS

Section

1.

Definitions and interpretation.

2.

Restrictions on possession, use, and carriage of firearms.

2A.

Firearms training certificate.

2B.

Restricted firearms and ammunition.

2C.

Prohibited firearms and ammunition.

3.

Grant, form, and effect of firearm certificates.

3A.

Issue of guidelines by Minister and Commissioner.

3B.

Payment of fees for prescribed firearm certificates.

3C.

Arrangement for payment of prescribed fees.

3D.

Restriction on licensing of short firearms.

3E.

Commissioner to conduct annual review.

4.

Conditions of grant of firearm certificate.

4A.

Authorisation of rifle or pistol clubs or shooting ranges.

4B.

Firearms range inspectors.

4C.

Prohibition of practical or dynamic shooting.

5.

Revocation of firearm certificates.

5A.

Reporting loss of firearm or ammunition.

6.

Sale of firearm when certificate refused or revoked.

7.

Permit to bring firearm ashore.

8.

Persons disentitled to hold a firearm certificate or a permit.

9.

Register of firearms dealers to be kept.

9A.

Tax clearance.

10.

Restrictions on manufacture and sale of firearms.

10A.

Reloading of ammunition.

11.

Removal of names from register of firearms dealers.

12.

Register to be kept by firearms dealer.

13.

Inspection of stock of firearms dealer.

14.

Prohibition of manufacture and possession, etc., of weapons discharging noxious liquids.

15.

Possession of firearms with intent to endanger life.

15A.

Appeal to District Court.

16.

Restriction on export or removal of firearms or ammunition.

17.

Restrictions on the import of firearms, prohibited weapons, and ammunition.

18.

Powers of officers of customs and excise.

19.

Powers and duties of officers of the Post Office.

20.

Prohibition of taking firearms or ammunition in pawn.

21.

Gárda Síochána may search for and seize certain firearms, etc.

22.

Powers of members of Gárda Síochána.

23.

Forfeiture of firearms, etc., in certain cases.

24.

Search orders.

25.

Punishments.

25A.

Surrender of firearms and offensive weapons.

25B.

Surrender of firearm for ballistic testing.

25C.

Delegation of Commissioner's functions.

25D.

Liability of officers of bodies corporate.

26.

Savings.

27.

Minister may make regulations.

27A.

Laying of orders or regulations before Houses of Oireachtas.

27B.

Provision of information by Commissioner to Minister for purposes of Act and Firearms (Firearm Certificates For Non-Residents) Act 2000.

28.

Partial continuance of Firearms (Temporary Provisions) Act, 1924.

29.

Repeal.

30.

Short title and commencement.



Number 17 of 1925.


FIREARMS ACT 1925

REVISED

Updated to 25 May 2018


AN ACT TO PLACE RESTRICTIONS ON THE POSSESSION OF FIREARMS AND OTHER WEAPONS AND AMMUNITION, AND FOR THAT AND OTHER PURPOSES TO AMEND THE LAW RELATING TO FIREARMS AND OTHER WEAPONS AND AMMUNITION. [6 th June, 1925.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT ÉIREANN AS FOLLOWS:—

Annotations:

Modifications (not altering text):

C1

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 17 of 1925

Firearms Act 1925

Sections 3B, 3C, 4B(6) and 27

...

...

...

C2

Application of collectively cited Firearms Acts 1925 to 1990 extended (9.12.1993) by European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993), reg. 8.

Provisions of Firearms Acts and other Statutes.

8. The provisions of the Firearms Acts and other relevant statutes, including provisions relating to powers of the Garda Síochána and Customs Officers, shall extend to a European Firearms Pass or other document to which these Regulations relate and a reference in those enactments to a firearm certificate shall, where the context so admits, include reference to any such document.

C3

Application of Act extended (28.01.1964) by Firearms Act 1964 (1/1964), s. 5, commenced on enactment.

Contravention of orders under sections 3 and 4.

5.—A person who contravenes a provision of an order under section 3 or section 4 of this Act shall be guilty of an offence under the Principal Act.

C4

Exemption for certain proofs in relation to prosecutions under Act provided (28.01.1964) by Firearms Act 1964 (1/1964), s. 24, commenced on enactment.

Onus of proof.

24. (1) Where, in a prosecution for an offence under the Principal Act, the existence or non-existence of a firearm certificate, a licence under section 17 of the Principal Act, an authorisation under section 2 of the Principal Act, a permit under section 3 of this Act or an authorisation under section 13 of this Act is material, it shall not be necessary to prove that the certificate, licence, authorisation or permit does not exist.

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

Editorial Notes:

E1

The possession of articles connected with certain offences under the collectively cited Firearms Acts 1925 to 1990 is also an offence as provided (3.09.1998) by Offences Against the State (Amendment) Act 1998 (39/1998), s. 7(1), commenced on enactment and continued in force to 30.06.2013 by motions of Dáil Éireann on 13.06.2012 and Seanad Éireann on 20.06.2012 in accordance with s. 18(2).

E2

Offences under collectively cited Firearms Act 1925 to 1971 designated scheduled offences for the purposes of Part V of the Offences against the State Act 1939 (13/1939) (30.05.1972) by Offences Against The State (Scheduled Offences) Order 1972 (S.I. No. 142 of 1972).

E3

Previous affecting provisions: definition of firearm extended (1.01.1991) by Firearms and Offensive Weapons Act 1990 (12/1990), s. 4(1), S.I. No. 313 of 1990. Definition was replaced (1.08.2006) by Firearms Act 1925 (17/1925), s. 1, as inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 26, S.I. No. 390 of 2006.