FIREARMS (FIREARM CERTIFICATES FOR NON-RESIDENTS) ACT 2000

Firearm certificates.

2

2.—(1) On application in that behalf in accordance with subsection (2) to the Minister F2 [ , Commissioner ] or the appropriate Superintendent by a person not ordinarily resident in the State who is of or over the age of 16 years, the Minister F2 [ , Commissioner ] or the Superintendent, as may be appropriate, shall, subject to the provisions of this section, grant to the person a firearm certificate authorising the person to—

( a) have in his or her possession, use and carry the particular firearm described in the certificate for the purpose specified in the certificate,

( b) purchase and use in such firearm during the currency of such certificate such quantity of ammunition for such firearm as shall be specified in the certificate, and

( c) have in his or her possession at any one time and carry so much ammunition as shall be specified in the certificate.

(2) An application referred to in subsection (1) shall be made—

( a) in case the firearm to which it relates is intended only for hunting or sporting purposes or for shooting species whose shooting is not proscribed by law—

(i) if the application is made not later than 2 years after the commencement of this section, to the Minister, and

(ii) if it is made later than 2 years after such commencement or if the Minister has made an order under subsection (3) , to the appropriate Superintendent,

F3 [ ( aa ) in case the firearm is a restricted firearm and is intended only for the purposes mentioned in paragraph ( a ), to the Minister or Commissioner, ]

and

( b) in any other case, to the Minister.

(3) The Minister may, following consultation with the Commissioner of the Garda Síochána, by order reduce the length of the period referred to in subparagraph (i) of subsection (2)(a) to such extent as he or she considers appropriate.

(4) An application to which paragraph (a) F4 [ or ( aa ) ] of subsection (2) relates for a firearm certificate under this section shall be in such form as may be prescribed or in a form to the like effect and shall be accompanied by the fee (if any) for the time being required by law.

(5) A person who applies to the Minister F5 [ , Commissioner ] or a Superintendent of the Garda Síochána (referred to subsequently in this Act as “the issuing person”) for a firearm certificate under this section shall furnish to that person the information requested in the application form together with such further information as the issuing person may request for the purposes of his or her functions under this section and, if the person fails to comply with this subsection, the issuing person may refuse to grant the firearm certificate to the person.

F6 [ (6) A firearm certificate granted to a person under this section after the date of commencement of section 42 of the Criminal Justice (Miscellaneous Provisions) Act 2009 shall continue in force for a period of 1 year from the date on which it is granted, unless previously revoked. ]

(7) The issuing person, before granting a firearm certificate to a person under this section, shall be of the opinion that the application is bona fide and that there is no good reason to refuse to grant the certificate.

(8) The issuing person may, for the purpose of establishing that there is no good reason to refuse to grant a firearm certificate, treat any of the following as prima facie evidence of suitability to so grant—

( a) in the case of a person who is resident in a Member State of the European Community other than the State, any European Firearms Pass duly issued to such person to which paragraphs (4) and (5) of Regulation 7 of the European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations, 1993 ( S.I. No. 362 of 1993 ), relate, or

( b) in any other case, any other permit, licence, authorisation or other document duly issued by an appropriate authority or body outside the State which the issuing person considers acceptable.

(9) The issuing person may make such enquiries as he or she considers appropriate as to the suitability of any applicant for a firearm certificate under this section.

(10) The issuing person may attach such conditions, if any, as he or she considers necessary, to a firearm certificate granted to a person under this section.

(11) The issuing person shall not grant a firearm certificate to a person in respect of a firearm which is intended to be used for the purpose of hunting exempted wild mammals within the meaning of the Act of 1976 (other than hares) unless the issuing person is satisfied that the person is the holder of a current licence under section 29(1) of the Act of 1976.

(12) The Minister shall not grant a firearm certificate to a person in respect of a firearm which is intended to be used for the purpose of hunting protected wild birds within the meaning of the Act of 1976 or hares unless the Minister is satisfied that the person is the holder of a current licence under section 29(5)( b) of the Act of 1976.

(13) The issuing person may at any time revoke a firearm certificate granted to a person under this section if he or she is of the opinion that the holder of such certificate—

( a) is a person who cannot, without danger to the public safety or to the peace, be permitted to have a firearm in his or her possession,

( b) is using, or has used, such firearm for purposes not authorised by the certificate, or

( c) is a person who has contravened a condition attaching to the firearm certificate granted to him or her.

(14) Where a firearm certificate is revoked under this section, the issuing person shall, as soon as may be, notify the holder of the certificate in writing of the revocation and the notice shall direct the holder of the certificate to deliver forthwith the firearm described in the certificate and ammunition (if any) to the Superintendent of the Garda Síochána of the district in which he or she is residing at the time of the receipt of the notice and the provisions of section 6 of the Principal Act shall apply to the disposal of a firearm and ammunition delivered under this section as they apply to the disposal of a firearm and ammunition delivered under that section with any necessary modifications.

(15) References to a firearm certificate in sections 2, 10, 16, 22 and 23 of the Principal Act shall include references to a firearm certificate granted under this Act.

(16) References to a firearm certificate in sections 11, 12, 21 and 24 of the Firearms Act, 1964, shall include references to a firearm certificate granted under this Act.

(17) In this section, “the appropriate Superintendent”, in relation to a firearm certificate, means the Superintendent of the Garda Síochána of the district in which the firearm will first be used by the person.

Annotations:

Amendments:

F2

Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 67(a), S.I. No. 390 of 2006.

F3

Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 67(b), S.I. No. 390 of 2006.

F4

Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 67(c), S.I. No. 390 of 2006.

F5

Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 67(d), S.I. No. 390 of 2006.

F6

Substituted (1.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 42, S.I. No. 310 of 2009.

Modifications (not altering text):

C2

Section affected (21.02.2002) by Firearms Certificates for Non-Residents Order 2002 (S.I. No. 48 of 2002), art. 2.

2. The period specified in section 2(2)(a)(i) of the Firearms (Firearm Certificates for Non-Residents) Act 2000 ( No. 20 of 2000 ) is reduced so as to end on 28 February 2002.

Editorial Notes:

E1

Power pursuant to section exercised (1.08.2009) by Firearms (Fees) Regulations 2009 (S.I. No. 312 of 2009).