FIREARMS ACT 1964


Number 1 of 1964


FIREARMS ACT 1964

REVISED

Updated to 1 January 2016


This Revised Act is an administrative consolidation of the Firearms Act 1964. 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 International Protection Act 2015 (66/2015), enacted 30 December 2015, and all statutory instruments up to and including Credit Union Act 1997 (Regulatory Requirements) Regulations 2016 (S.I. No. 1 of 2016), made 1 January 2016, 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 1 of 1964


FIREARMS ACT 1964

REVISED

Updated to 1 January 2016


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, 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)

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

Criminal Justice Act 2006 (26/2006), Part 5 and Schedule 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 July 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 July 2000 by Firearms (Temporary Provisions) Act Continuance Order 1999 (S.I. No. 189 of 1999), art. 2.

European Communities (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.

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 1999, 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

Property Services (Regulation) Act 2011 (40/2011)

Criminal Procedure Act 2010 (27/2010)

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

Criminal Justice Act 2007 (29/2007)

Criminal Justice Act 2006 (26/2006)

Criminal Justice (Terrorist Offences) Act 2005 (2/2005)

Criminal Justice (Theft and Fraud Offences) Act 2001 (50/2001)

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

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

Offences Against the State (Amendment) Act 1998 (39/1998)

Bail Act 1997 (16/1997)

Extradition (Amendment) Act 1994 (6/1994)

Firearms and Offensive Weapons Act 1990 (12/1990)

Extradition (European Convention on the Suppression of Terrorism) Act 1987 (1/1987)

Criminal Justice Act 1984 (22/1984)

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

Wildlife Act 1976 (39/1976)

Firearms Act 1971 (13/1971)

Firearms (Proofing) Act 1968 (20/1968)

Firearms Act 1925 (17/1925)

All Acts up to and including International Protection Act 2015 (66/2015), enacted 30 December 2015, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Firearms (Temporary Provisions) Act Continuance Order 1999 (S.I. No. 189 of 1999)

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

Firearms (Temporary Custody) Order 1972 (S.I. 187 of 1972)

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

All statutory instruments up to and including Credit Union Act 1997 (Regulatory Requirements) Regulations 2016 (S.I. No. 1 of 2016), made 1 January 2016, were considered in the preparation of this revision.


Number 1 of 1964


FIREARMS ACT 1964

REVISED

Updated to 1 January 2016


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Extension of Principal Act to airguns.

3.

Temporary prohibition of game shooting.

4.

Temporary custody of firearms by Garda Síochána in interests of public safety.

5.

Contravention of orders under sections 3 and 4.

6.

Provisions in relation to orders under sections 3 and 4.

7.

Disposal of certain firearms and ammunition in the possession of the Garda Síochána.

8.

Disposal of firearms in certain circumstances.

9.

Renewal of firearm certificate.

10.

Period of validity of firearm certificate granted by Minister.

11.

Change of firearm to which firearm certificate relates.

12.

Limited use of shot-gun.

13.

Sale of firearms by auctioneers.

14.

Amendment of section 1 of Principal Act.

15.

Amendment of section 2 of Principal Act.

16.

Amendment of section 3 of Principal Act.

17.

Amendment of section 8 of Principal Act.

18.

Amendment of section 9 of Principal Act.

19.

Amendment of section 10 of Principal Act.

20.

Amendment of section 16 of Principal Act.

21.

Amendment of section 17 of Principal Act.

22.

Amendment of section 21 of Principal Act.

23.

Amendment of section 24 of Principal Act.

24.

Onus of proof.

25.

Extension of sections 23 and 28 of Larceny Act, 1916.

26.

Possession of firearm while taking vehicle without authority.

27.

Prohibition of use of firearms to resist arrest or aid escape.

27A.

Possession of firearm or ammunition in suspicious circumstances.

27B.

Carrying firearm with criminal intent.

27C.

Provisions relating to minimum sentences under Firearms Acts 1925 to 2006.

28.

Repeals.

29.

Short title and collective citation.


Acts Referred to

Firearms Act, 1925

1925, No. 17.

Police (Property) Act, 1897

1897, c. 30.

Larceny Act, 1916

1916, c. 50.

Road Traffic Act, 1961

1961, No. 24.

Criminal Justice Act, 1960

1960, No. 27.


Number 1 of 1964


FIREARMS ACT 1964

REVISED

Updated to 1 January 2016


AN ACT TO AMEND AND EXTEND THE FIREARMS ACT, 1925. [28 th January, 1964.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations:

Modifications (not altering text):

C1

Application of Act extended (9.12.1993) by European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993), regs. 8 and 13(1).

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.

...

Offences.

13. (1) A person who contravenes any provision of these Regulations shall, without prejudice to any liability under the Firearms Acts, be guilty of an offence under these Regulations.

...

Editorial Notes:

E1

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 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.

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 (No. 13 of 1939) (30.05.1972) by Offences Against The State (Scheduled Offences) Order 1972 (S.I. No. 142 of 1972).