FIREARMS ACT 1971

Amendment of section 2 of Principal Act.

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3.Section 2 of the Principal Act is hereby amended—

( a) by the substitution in subsection (2) of “ under this section” for “under this Act and shall be punishable accordingly”,

( b) by the insertion after subsection (2) of the following subsections:

“(2A) Where a person is guilty of an offence under this section he shall be liable—

( a) in a case where the offence relates to a sporting firearm or to any firearm in respect of which the defendant held a firearm certificate (if the firearm certificate most recently held by him was not revoked) or to any ammunition for, or component part of, either a sporting firearm or such other firearm—on summary conviction, in the case of a first offence, to a fine not exceeding £50 and, in the case of any subsequent offence, to a fine not exceeding £50 or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment,

( b) in any other case—on summary conviction, to a fine not exceeding £200 or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment, or, on conviction on indictment, to a fine not exceeding £500 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.

(2B) ( a) In subsection (2A) of this section ‘ sporting firearm’ means a firearm (other than a firearm of a kind declared by an order under this subsection for the time being in force to be especially dangerous) which is a shotgun having a barrel of not less than 24 inches in length or an unrifled airgun or a rifled firearm of a calibre not exceeding .22 inches.

( b) The Minister may by order declare a firearm of a kind specified in the order to be especially dangerous and may by order amend or revoke an order under this subsection.”,

( c) by the insertion after subsection (4) (i) (inserted by the Firearms (Proofing) Act, 1968) of the following:

“( j) the possession or carriage of a component part of a firearm by a person who stands authorised in that behalf under this section.”,

and

( d) by the insertion in subsection (5) ( a) (inserted by the Firearms Act, 1964) after “this section” of “ , or of any component parts of a firearm,”.

Annotations:

Editorial Notes:

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The inserted subss. (2A) and (2B) above were subsequently substituted and deleted respectively in the Firearms Act 1925 (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 27(a) and (b), S.I. No. 390 of 2006.