Firearms Act 1964

Sale of firearms by auctioneers.

13

13.(1) Notwithstanding anything contained in section 10 of the Principal Act, an auctioneer who stands authorised under this section may sell, expose for sale and have in his possession for sale, by auction in the ordinary course of his business as an auctioneer, a firearm or ammunition: Provided that in the case of a sale, the firearm or ammunition is not delivered to the purchaser until he produces to the auctioneer a firearm certificate which is in force authorising him to purchase the firearm or ammunition or proves that he is lawfully entitled to have possession of the firearm or ammunition without having a firearm certificate therefor.

(2) The Superintendent of any district may authorise in writing an auctioneer F14[(being the holder of a licence within the meaning of section 2(1) of the Property Services (Regulation) Act 2011, or a relevant authorisation within the meaning of section 82 of that Act, in respect of a service which falls, or substantially falls, as the case requires, within paragraph (a) of the definition of property service in that first-mentioned section)] in that district to sell, expose for sale and have in his possession for sale, by auction a firearm or ammunition during such period, not exceeding one year, as may be specified in the authorisation.

(3) A Superintendent shall not grant an authorisation under this section to an auctioneer unless he is satisfied, having regard to all the circumstances (including the provision made or to be made for the storage of the firearms and ammunition to which the authorisation, if granted, would relate), that the sale, exposing for sale or possession of firearms or ammunition in pursuance of the authorisation will not endanger the public safety or the peace.

(4) A Superintendent may impose in relation to the grant of an authorisation under this section such conditions (if any) as he considers necessary to prevent danger to the public and, where a condition is imposed, it shall be specified in the authorisation.

(5) An authorisation under this section may be revoked at any time by the Superintendent of the district in which it was granted.

(6) A person who contravenes a condition imposed in relation to the grant of an authorisation under this section shall be guilty of an offence under the Principal Act.

F15[(7) In this section, references to a firearm and ammunition do not include references to a restricted firearm or restricted ammunition.

(8) This section is without prejudice to subsections (4A) to (4G) of section 10 of the Principal Act.]

Annotations

Amendments:

F14

Inserted (6.07.2012) by Property Services (Regulation) Act 2011 (40/2011), s. 101 and sch. 8 para. 4, S.I. No. 198 of 2012.

F15

Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 55, S.I. No. 390 of 2006.