Firearms and Offensive Weapons Act 1990


Number 12 of 1990


FIREARMS AND OFFENSIVE WEAPONS ACT 1990

REVISED

Updated to 25 May 2018


This Revised Act is an administrative consolidation of the Firearms and Offensive Weapons Act 1990. 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 Data Protection Act 2018 (7/2018), enacted 24 May 2018, and all statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, 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 12 of 1990


FIREARMS AND OFFENSIVE WEAPONS ACT 1990

REVISED

Updated to 25 May 2018


Introduction

This 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 (28/2009), 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), Part II

Firearms (Firearms Certificates for Non-Residents) Act 2000 (20/2000), other than s. 4

Criminal Justice Act 2006 (26/2006), Part 5 and sch. 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 1986, 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

Data Protection Act 2018 (7/2018)

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

Criminal Justice Act 2007 (29/2007)

Criminal Justice Act 2006 (26/2006)

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

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

Firearms Act 1971 (13/1971)

Firearms (Proofing) Act 1968 (20/1968)

Firearms Act 1964 (1/1964)

Firearms Act 1925 (17/1925)

All Acts up to and including Data Protection Act 2018 (7/2018), enacted 24 May 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Firearms And Offensive Weapons Act 1990 (Offensive Weapons) (Amendment) Order 2009 (S.I. No. 338 of 2009)

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

Firearms and Offensive Weapons Act 1990 (Offensive Weapons) Order 1991 (S.I. No. 66 of 1991)

Firearms and Offensive Weapons Act, 1990 (Part II) (Commencement) Order 1990 (S.I. No. 313 of 1990)

All statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, were considered in the preparation of this revision.


Number 12 of 1990


FIREARMS AND OFFENSIVE WEAPONS ACT 1990

REVISED

Updated to 25 May 2018


ARRANGEMENT OF SECTIONS

PART I

Preliminary

Section

1.

Short title and commencement.

2.

Interpretation.

PART II

Amendments to Firearms Acts

3.

Collective citation and construction.

4.

Extension of Firearms Acts to crossbows and stun guns.

5.

Amendment of section 10 of Firearms Act, 1925.

6.

Authorisation to hold defective firearm without firearm certificate.

7.

Possession, sale, etc., of silencers.

8.

Reckless discharge of firearm.

8A.

Other amendments to Firearms Acts.

PART III

Offensive Weapons

9.

Possession of knives and other articles.

9A.

Possession of a realistic imitation firearm in a public place.

9B.

Authorisation of use of realistic firearms at specified venues, theatres, etc.

9C.

Register of dealers in realistic firearms to be kept.

9D.

Restrictions on import, manufacture and sale of realistic firearms.

9E.

Removal of names from register of dealers in realistic imitation firearms.

9F.

Inspection of stock of dealer in realistic imitation firearms.

9G.

Powers by order to restrict sale of certain realistic imitation firearms from specific date.

9H.

Power by order to require certain descriptions of imitation firearms to conform to certain specifications.

9I.

Tax clearance

10.

Trespassing with a knife, weapon of offence or other article.

11.

Production of article capable of inflicting serious injury.

12.

Power to prohibit manufacture, importation, sale, hire or loan of offensive weapons.

12A.

Shortening barrel of shot-gun or rifle.

13.

Forfeiture of weapons and other articles.

14.

Power of arrest without warrant.

15.

Search warrants.

16.

Power of search without warrant.

16A.

Provision of information by Commissioner to Minister.

17.

Extension of section 8 of Criminal Law Act, 1976.

18.

Repeal of portion of section 4 of Vagrancy Act, 1824.


Acts Referred to

Criminal Law Act, 1976

1976, No. 32

Firearms Act, 1925

1925, No. 17

Firearms Act, 1964

1964, No. 1

Firearms (Proofing) Act, 1968

1968, No. 20

Firearms Act, 1971

1971, No. 13

Prevention of Crimes Act, 1871

1871, c. 112

Vagrancy Act, 1824

1824, c. 83


Number 12 of 1990


FIREARMS AND OFFENSIVE WEAPONS ACT 1990

REVISED

Updated to 25 May 2018


AN ACT TO AMEND AND EXTEND THE FIREARMS ACTS, 1925 TO 1971, TO CONTROL THE AVAILABILITY AND POSSESSION OF OFFENSIVE WEAPONS AND OTHER ARTICLES AND TO PROVIDE FOR CERTAIN OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [12 th June, 1990]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of collectively cited Firearms Acts 1925 to 1990 extended (9.12.1993) by European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993), regs. 2, 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.

...