Firearms Act 1925

Register of firearms dealers to be kept.

9

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, F50 [ ] and generally to the public safety and the preservation of the peace.

F51 [ (4) The registration of a person in the register of firearms dealers shall continue in force for a period of 3 years from the date of the registration, unless previously revoked and, if renewed, for a further period of 3 years from the expiration of that period or, as the case may be, of any subsequent such period for which the registration was renewed. ]

(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.

F52 [ (8) Registration (including registration in pursuance of a renewal of a previous registration) of a person in the register of firearms dealers may, at the discretion of the Minister, be made subject to the condition that the person shall not deal in firearms or deal in ammunition otherwise than by the sale and purchase of ammunition for shotguns, for unrifled airguns and for rifled firearms of a calibre not exceeding .22 inches, and a person whose registration in the register of firearms dealers is made subject to the condition aforesaid and who fails to comply with it shall, notwithstanding anything contained in section 10 (1) of this Act, be guilty of an offence under this Act.

(9) In any proceedings a certificate under the seal of the Minister stating that the registration of a person in the register of firearms dealers was subject, on a specified day or during a specified period, to the condition referred to in subsection (8) of this section shall be evidence of that fact unless the contrary is proved. ]

F53 [ (10) The Minister, after consultation with the Commissioner, may by regulations specify minimum standards to be complied with in relation to premises in which a firearms dealer carries on business or proposes to do so.

(11) The minimum standards shall be determined by reference to

( a ) the security of the premises,

( b ) their safety, and

( c ) their standard of construction,

and having regard to their use for, as the case may be, the manufacture, repair, testing, proving or sale of firearms or ammunition.

(12) Applicants for renewal of registration shall satisfy the Minister that their premises comply with the minimum standards specified in any regulations under subsection (10) of this section.

(13) Without prejudice to subsection (3) of this section, the following persons are declared to be disentitled to be registered in the register of firearms dealers:

( a ) a person under the age of 21 years;

( b ) a person of unsound mind;

( c ) a person who has been sentenced to imprisonment for an offence under the Firearms Acts 1925 to 2006 , the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005;

( d ) a person who is bound by a recognisance to keep the peace or be of good behaviour, a condition of which is that the person shall not possess, use or carry a firearm or ammunition. ]

Annotations:

Amendments:

F50

Deleted (28.01.1964) by Firearms Act 1964 (1/1964), s. 18, commenced on enactment.

F51

Substituted (1.01.2008) by Criminal Justice Act 2006 (26/2006), s. 38(a), S.I. No. 848 of 2007.

F52

Inserted (20.07.1971) by Firearms Act 1971 (13/1971), s. 6(1), commenced as per s. 7(4).

F53

Inserted (1.01.2008) by Criminal Justice Act 2006 (26/2006), s. 38(b), S.I. No. 848 of 2007.

Modifications (not altering text):

C9

Procedure for registration under section prescribed (29.10.2010) by European Communities (Acquisition and Possession of Weapons and Ammunition) (Amendment) Regulations 2010 (S.I. No. 493 of 2010), reg. 4, superseding modification of construction of terms (9.12.1993) by European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993), reg. 3(1).

Application of section 9 of Act

4. (1) A person, in his or her application under section 9 of the Act to be registered in the register of firearms dealers or, as the case may be, for renewal of such registration, shall state whether he or she intends to carry on business as a dealer in firearms to which the Directive applies.

(2) Where an applicant referred to in paragraph (1) states that he or she intends to carry on business as a dealer in firearms to which the Directive applies, the Minister, in considering his or her application, shall have regard, in addition to the matters referred to in section 9 of the Act, to the applicant’s abilities.

(3) Where an applicant referred to in paragraph (2) is a body corporate—

(a) the reference in section 9(3) of the Act to the character of the applicant shall be construed as a reference to the character of the director of the body corporate and to the reputation of the body corporate, and

(b) the reference in paragraph (2) to the applicant’s abilities shall be construed as a reference to the abilities of the director of the body corporate.

...

Editorial Notes:

E33

Power pursuant to subs. (10) exercised (1.02.2019) by Firearms (Storage of Firearms and Ammunition by Firearms Dealers) Regulations 2017 (S.I. No. 646 of 2017), in effect as per reg. 1(2).

E34

Power pursuant to section exercised (1.08.2009) by Firearms (Fees) Regulations 2009 (S.I. No. 312 of 2009).