Firearms Act 1925

17

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) F68 [ ]

(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 F69 [ ], 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 F69 [ ], and subject to the conditions named in such licence.

F70 [ (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. ]

(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.

Annotations:

Amendments:

F68

Repealed (28.01.1964) by Firearms Act 1964 (1/1964), s. 28(1), subject to transitional provision in s. 28(3), commenced on enactment.

F69

Deleted (28.01.1964) by Firearms Act 1964 (1/1964), s. 21(2)(a), commenced on enactment.

F70

Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 44, S.I. No. 390 of 2006.

F71

Substituted by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 36, not commenced as of 31.10.2012.

Modifications (not altering text):

C17

Prospective amending provisions: section substituted by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 36, not commenced as of date of revision.

F71 [ Restrictions on the import of firearms, prohibited weapons and ammunition.

17. (1) Without prejudice to the provisions of the Firearms (Firearms Certificates for Non-Residents) Act 2000, no person, other than a registered firearm dealer, shall import into the State any firearm, ammunition, or prohibited weapon.

(2) A continuing licence to import firearms or ammunition may on application in the prescribed manner be granted by the Minister if he or she 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 the State 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 and subject to the conditions named in such licence.

(3) An occasional licence to import into the State a firearm or prohibited weapon, with or without ammunition therefor, may, on application in the prescribed manner, be granted by the Minister if he or she thinks fit so to do to any registered firearms dealer and every such occasional licence shall operate and be expressed to authorise the importation into the State of the firearm and the quantity of ammunition (if any) specified in such licence through the port, by the registered firearms dealer, within the time and subject to the conditions named in such licence.

(4) Notwithstanding subsections (1) to (3) 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 possesses an authorisation under section 10 of this Act.

(5) 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.

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

(7) Every continuing licence granted by the Minister under this section may be varied or revoked by the Minister at any time before its expiration. The reason for varying or revoking the licence shall be communicated in writing to the licensee or former licensee.

(8) If any person imports into the State 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 or her under this section, he or she shall be guilty of an offence under this Act and shall be punishable accordingly.

(9) The possession of a licence granted under this section shall not relieve any person from the obligation to obtain or hold any certificate, permit, or authority required by any other provision of this Act.

(10) This section shall not apply to the importation into the State 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 the State or under the authority of the Minister for the use of any lawful police force in the State. ]

C18

Application of section restricted (20.01.1964) by Firearms Act 1964 (1/1964), s. 21(1), commenced on enactment. S. 21 repealed by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 38, not commenced as of 31.10.2012.

Amendment of section 17 of Principal Act.

21. —(1) The restriction imposed by section 17 of the Principal Act on the importation into the State of firearms shall not apply in relation to the importation of a firearm by the holder of a firearm certificate in respect of the firearm which is in force.

C19

Application of section extended (6.11.1962) by Customs-Free Airport (Extension of Laws) Regulations 1962 (S.I. No. 186 of 1962), reg. 2.

2. Section 17 of the Firearms Act, 1925 (No. 17 of 1925), shall extend to the Customs-free airport.