Firearms Act 1925

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

21

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 F74 [ , and may seize any firearms found in any such place to which a mark, being a mark mentioned in section 4 (1) ( a ) or 4 (1) ( b ) of the Firearms (Proofing) Act, 1968, has not been applied and in relation to which he reasonably believes or suspects that a breach of an order under the said section 4 has occurred ].

(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 F75 [ liable on summary conviction to a fine not exceeding 1,000 or imprisonment for a term not exceeding 6 months or both ].

(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.

F76 [ (6) Where a firearm or ammunition is seized under this section or under section 22 of this Act and a prosecution for an offence under this Act in relation to the firearm or ammunition is not instituted, the firearm or ammunition shall be

( a ) returned to the person who is the owner, consignor or consignee thereof, as may be appropriate, or disposed of, subject to the provisions of this Act, in accordance with the directions of such person, or

( b ) made the subject of an application to the District Court under the Police (Property) Act, 1897, and disposed of in accordance with the terms of the order made by the District Court under that Act in relation to the application. ]

Annotations:

Amendments:

F74

Inserted (16.04.1969) by Firearms (Proofing) Act 1968 (20/1968), s. 9, S.I. No. 64 of 1969.

F75

Substituted (1.08.2006) by Firearms and Offensive Weapons Act 1990 (12/1990), s. 8A (as inserted by Criminal Justice Act 2006 (26/2006), s. 64) and sch. 1 of Criminal Justice Act 2006 (26/2006), S.I. No. 390 of 2006.

F76

Substituted (28.01.1964) by Firearms Act 1964 (1/1964), s. 22, commenced on enactment.