Firearms Act 1964

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

4

4. (1) The Minister may, if satisfied that it is necessary to do so in the interests of the public safety F7 [ or public security ], make an order requiring every person residing in an area specified in the order and having possession of any firearm or ammunition or of a firearm or ammunition of such class or classes as may be specified in the order to surrender it on or before a date specified in the order to the Garda Síochána.

(2) An order under subsection (1) of this section shall remain in force for such period not exceeding one month as may be specified in the order.

(3) The Minister may by order amend or revoke an order under this section, including an order under this subsection.

(4) Whenever an order under subsection (1) of this section is in force a member of the Garda Síochána may seize a firearm or ammunition to which the order applies found in the area specified in the order after the date on or before which the firearm or ammunition is required by the order to be surrendered to the Garda Síochána and the Garda Síochána may, while the order remains in force, retain possession of any firearm or ammunition seized by or surrendered to them in pursuance of the order.

(5) As soon as may be after the time at which an order under subsection (1) of this section ceases to be in force, the Garda Síochána shall, subject to the provisions of the Principal Act, return any firearms or ammunition surrendered to or seized by them pursuant to the order to the owners thereof.

(6) An order under subsection (1) of this section shall not apply in relation to firearms or ammunition in the possession of members of the Defence Forces or the Garda Síochána.

Annotations:

Amendments:

F7

Inserted (9.12.1993) by European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993), reg. 12(1).

Modifications (not altering text):

C2

Further requirement in relation to application of section provided (9.12.1993) by European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993), reg. 12(2).

12. (1) ...

(2) An order under that section shall be notified to the Commission of the European Communities.

Editorial Notes:

E3

Power pursuant to section exercised (2.08.1972) by Firearms (Temporary Custody) Order 1972 (S.I. No. 187 of 1972), expired after one month.