Firearms Act 1925

F38[Conditions of grant of firearm certificate.

4

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 persons 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 applicants 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 applicants 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.]

Annotations

Amendments:

F38

Substituted (1.08.2009) by Criminal Justice Act 2006 (26/2006), s. 32, S.I. No. 309 of 2009.

Editorial Notes:

E25

Power pursuant to section exercised (1.08.2009) by Firearms (Secure Accommodation) Regulations 2009 (S.I. No. 307 of 2009).

E26

Previous affecting provision: section subject (13.07.1998) to Firearms (Temporary Provisions) Act 1998 (32/1998), s. 1, commenced on enactment and expired (14.07.2000), S.I. No. 189 of 1999.