Firearms Act 1925

Number 17 of 1925

FIREARMS ACT 1925

REVISED

Updated to 1 August 2023

This Revised Act is an administrative consolidation of the Firearms Act 1925. 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 the Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, and all statutory instruments up to and including the Criminal Justice (Miscellaneous Provisions) Act 2023 (Commencement) Order 2023 (S.I. No. 391 of 2023), made 28 July 2023, 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 17 of 1925.

FIREARMS ACT 1925

REVISED

Updated to 1 August 2023

ARRANGEMENT OF SECTIONS

Section
1.	Definitions and interpretation.
2.	Restrictions on possession, use, and carriage of firearms.
2A.	Firearms training certificate.
2B.	Restricted firearms and ammunition.
2C.	Prohibited firearms and ammunition.
2D.	Prohibition on acquisition or possession of firearms classified in Category A of Directive.
2E.	Restriction on licensing of certain firearms.
2F.	Revocation of firearm certificate where holder found in possession of certain loading devices.
3.	Grant, form, and effect of firearm certificates.
3A.	Issue of guidelines by Minister and Commissioner.
3B.	Payment of fees for prescribed firearm certificates.
3C.	Arrangement for payment of prescribed fees.
3D.	Restriction on licensing of short firearms.
3DA.	Restrictions on firearm certificates for semi-automatic centre-fire rifles.
3E.	Commissioner to conduct annual review.
4.	Conditions of grant of firearm certificate.
4A.	Authorisation of rifle or pistol clubs or shooting ranges.
4AA.	Minimum standards for Garda shooting ranges.
4B.	Firearms range inspectors.
4C.	Prohibition of practical or dynamic shooting.
5.	Revocation of firearm certificates.
5A.	Reporting loss of firearm or ammunition.
6.	Sale of firearm when certificate refused or revoked.
7.	Permit to bring firearm ashore.
8.	Persons disentitled to hold a firearm certificate or a permit.
9.	Register of firearms dealers to be kept.
9A.	Tax clearance.
10.	Restrictions on manufacture and sale of firearms.
10A.	Reloading of ammunition.
11.	Removal of names from register of firearms dealers.
12.	Register to be kept by firearms dealer.
13.	Inspection of stock of firearms dealer.
14.	Prohibition of manufacture and possession, etc., of weapons discharging noxious liquids.
14A.	Offences regarding alteration of marking of firearms.
15.	Possession of firearms with intent to endanger life.
15A.	Appeal to District Court.
16.	Restriction on export or removal of firearms or ammunition.
17.	Restrictions on the import of firearms, prohibited weapons, and ammunition.
18.	Powers of officers of customs and excise.
19.	Powers and duties of officers of the Post Office.
20.	Prohibition of taking firearms or ammunition in pawn.
21.	Gárda Síochána may search for and seize certain firearms, etc.
22.	Powers of members of Gárda Síochána.
23.	Forfeiture of firearms, etc., in certain cases.
24.	Search orders.
25.	Punishments.
25A.	Surrender of firearms and offensive weapons.
25B.	Surrender of firearm for ballistic testing.
25C.	Delegation of Commissioner's functions.
25CA.	Delegation of certain functions of Superintendent.
25D.	Liability of officers of bodies corporate.
26.	Savings.
26A.	Regulations regarding disposal of certain firearms.
27.	Minister may make regulations.
27A.	Laying of orders or regulations before Houses of Oireachtas.
27B.	Provision of information by Commissioner to Minister for purposes of Act and Firearms (Firearm Certificates For Non-Residents) Act 2000.
28.	Partial continuance of Firearms (Temporary Provisions) Act, 1924.
29.	Repeal.
30.	Short title and commencement.

Acts Referred to
Firearms (Temporary Provisions) Act, 1924	No. 9 of 1924
Firearms (Temporary Provisions) (Continuance) Act, 1925	No. 10 of 1925

Number 17 of 1925.

FIREARMS ACT 1925

REVISED

Updated to 1 August 2023

AN ACT TO PLACE RESTRICTIONS ON THE POSSESSION OF FIREARMS AND OTHER WEAPONS AND AMMUNITION, AND FOR THAT AND OTHER PURPOSES TO AMEND THE LAW RELATING TO FIREARMS AND OTHER WEAPONS AND AMMUNITION. [6th June, 1925.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT ÉIREANN AS FOLLOWS:—

Annotations

Modifications (not altering text):

Application of collectively cited Firearms Acts 1925 to 1990 extended (27.04.2022) by European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 (S.I. No. 209 of 2022), reg. 20.

Provisions of Firearms Acts and other statutes

20. 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.

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year	Short Title	Provision
(1)	(2)	(3)
...	...	...
No. 17 of 1925	Firearms Act 1925	Sections 3B, 3C, 4B(6) and 27
...	...	...

Application of Act extended (28.01.1964) by Firearms Act 1964 (1/1964), s. 5, commenced on enactment.

Contravention of orders under sections 3 and 4.

5.—A person who contravenes a provision of an order under section 3 or section 4 of this Act shall be guilty of an offence under the Principal Act.

Exemption for certain proofs in relation to prosecutions under Act provided (28.01.1964) by Firearms Act 1964 (1/1964), s. 24, commenced on enactment.

Onus of proof.

24.—(1) Where, in a prosecution for an offence under the Principal Act, the existence or non-existence of a firearm certificate, a licence under section 17 of the Principal Act, an authorisation under section 2 of the Principal Act, a permit under section 3 of this Act or an authorisation under section 13 of this Act is material, it shall not be necessary to prove that the certificate, licence, authorisation or permit does not exist.

(2) Where, in a prosecution for an offence under the Principal Act, possession, use or carriage of a firearm or ammunition by a person is proved, it shall not be necessary to prove that the person was not entitled to have in his possession, use or carry a firearm or ammunition.

Editorial Notes:

Previous affecting provisions: 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), reg. 8; revoked (27.04.2022) by European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 (S.I. No. 209 of 2022), reg. 40(a).

The possession of articles connected with certain offences under the collectively cited Firearms Acts 1925 to 1990 is also an offence as provided (3.09.1998) by Offences Against the State (Amendment) Act 1998 (39/1998), s. 7(1), commenced on enactment and continued in force to 30.06.2013 by motions of Dáil Éireann on 13.06.2012 and Seanad Éireann on 20.06.2012 in accordance with s. 18(2).

Offences under collectively cited Firearms Act 1925 to 1971 designated scheduled offences for the purposes of Part V of the Offences against the State Act 1939 (13/1939) (30.05.1972) by Offences Against The State (Scheduled Offences) Order 1972 (S.I. No. 142 of 1972).

Previous affecting provisions: definition of firearm extended (1.01.1991) by Firearms and Offensive Weapons Act 1990 (12/1990), s. 4(1), S.I. No. 313 of 1990. Definition was replaced (1.08.2006) by Firearms Act 1925 (17/1925), s. 1, as inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 26, S.I. No. 390 of 2006.

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Firearms Act 1925