Criminal Justice Act 2006

35

Substitution of section 5 of Principal Act.

35.— The following section is substituted for section 5 of the Principal Act:

“Revocation of firearm certificates.

5.— (1) An issuing person may at any time revoke a firearm certificate granted by the person if satisfied that the holder of the certificate—

(a) has not a good reason for requiring the firearm to which the certificate relates,

(b) is a person who cannot, without danger to the public safety or security or the peace, be permitted to possess a firearm,

(c) is a person who is declared by this Act to be disentitled to hold a firearm certificate,

(d) where the firearm certificate limits the purposes for which the firearm to which it relates may be used, is using the firearm for purposes not authorised by the certificate,

(e) has not complied with a condition attached to the grant of the certificate, or

(f) where the firearm is authorised to be carried or used by a holder of a firearms training certificate, has, without reasonable excuse, permitted the holder of that certificate to carry or use the firearm while not under his or her supervision.

(2) The reason for revoking a firearm certificate shall be communicated in writing by the issuing person to the holder of the certificate.

(3) Where a firearm certificate is revoked or otherwise ceases to be in force, the issuing person may direct in writing that the holder surrender the firearm or ammunition concerned or both to the custody of the superintendent of the district where the holder resides or to a member of the Garda Síochána acting on the superintendent’s behalf.”.