Firearms Act 1964

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

7

7. (1) References in this section to a firearm or ammunition that has come into the possession of the Garda Síochána are references to a firearm or ammunition that has come into the possession of the Garda Síochána before the passing of this Act pursuant to section 6 of the Principal Act or otherwise.

(2) The Commissioner may cause to be published in each daily newspaper published in the State a notice stating that any firearm or ammunition that has come into the possession of the Garda Síochána may be sold or destroyed unless the owner thereof makes claim and establishes his title thereto within the period of three months beginning on the date of the publication of the notice.

(3) Where a notice is published pursuant to subsection (2) of this section—

( a) the Commissioner shall cause to be sent by post to every person of whose address the Garda Síochána are aware and who is believed to be the owner of a firearm or ammunition that has come into the possession of the Garda Síochána a notice stating that the firearm or ammunition may be sold or destroyed unless the person makes claim and establishes his title thereto within the period of three months beginning on the date of the publication of the notice referred to in subsection (2) of this section,

( b) where the address of the person believed to be the owner is unknown or the Commissioner is of opinion that a notice as aforesaid would not be understood by such person, the Commissioner may, at his discretion, cause the notice to be sent by post or otherwise given to any member of the family of such person or to such other person, if any, as he may, in the particular circumstances, think appropriate.

(4) Where a notice is published pursuant to subsection (2) of this section and, in cases where it is appropriate, notice is given pursuant to subsection (3) of this section—

( a) a person who makes claim and establishes his title to a firearm or ammunition that has come into the possession of the Garda Síochána within the period specified in the notice published pursuant to subsection (2) of this section may, subject to the provisions of the Principal Act, cause the firearm or ammunition to be removed from the custody of the Garda Síochána within that period, and

( b) the Commissioner may cause to be sold any firearm or ammunition that has come into the possession of the Garda Síochána and is not claimed and removed from the custody of the Garda Síochána or to which title is not established to the satisfaction of the Commissioner within the period referred to in paragraph ( a) of this subsection and shall, as soon as may be, cause the proceeds of the sale to be paid to the owner or, if the owner cannot be ascertained, for the benefit of the Exchequer, and

( c) the Commissioner may cause to be destroyed any firearm or ammunition that has been offered for sale under paragraph ( b) of this subsection and has not been sold, if, in the opinion of the Commissioner, the firearm or ammunition is unlikely to be sold if offered for sale again and shall cause to be sent to any person who is believed to be the owner of the firearm or ammunition or (where appropriate) to another person in accordance with paragraph ( b) of subsection (3) of this section a notice informing the person to whom it is sent of such destruction.