Firearms and Offensive Weapons Act 1990

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

12

12. (1) Any person who—

( a) manufactures, sells or hires, or offers or exposes for sale or hire, or by way of business repairs or modifies, or

( b) has in his possession for the purpose of sale or hire or for the purpose of repair or modification by way of business, or

( c) puts on display, or lends or gives to any other person,

a weapon to which this section applies shall be guilty of an offence.

(2) Where an offence under subsection (1) is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of a director, manager, secretary or other officer of the body corporate, the director, manager, secretary or other officer or any person purporting to act in such capacity shall also be guilty of an offence.

(3) A person guilty of an offence under this section shall be liable—

( a) on summary conviction, to a fine not exceeding F20 [ 5,000 ] or to imprisonment for a term not exceeding twelve months or to both, or

( b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding F20 [ 7 years ] or to both.

(4) The Minister may by order direct that this section shall apply to any description of weapon specified in the order except any firearm subject to the Firearms Acts, 1925 to 1990.

(5) The Minister may by order amend or revoke an order made under this section.

(6) The importation of a weapon to which this section applies is hereby prohibited.

(7) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Annotations:

Amendments:

F20

Substituted (1.08.2006) by Firearms and Offensive Weapons Act 1990 (12/1990), s. 8A as inserted by Criminal Justice Act 2006 (26/2006), s. 64 and sch. 1, S.I. No. 390 of 2006.

Editorial Notes:

E8

Power pursuant to section exercised (1.09.2009) by Firearms And Offensive Weapons Act 1990 (Offensive Weapons) (Amendment) Order 2009 (S.I. No. 338 of 2009), amending S.I. No. 66 of 1991.

E9

Power pursuant to section exercised (1.05.1991) by Firearms and Offensive Weapons Act 1990 (Offensive Weapons) Order 1991 (S.I. No. 66 of 1991).

E10

Offences under section designated serious offences (4.09.1998) by Bail Act 1997 (16/1997), s. 1 and sch. paras. 16(f), 29 and 30, S.I. No. 315 of 1998 as substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 17(b), S.I. No. 236 of 2007.