Firearms Act 1925

Register to be kept by firearms dealer.

12

12.(1) It shall be the duty of every registered firearms dealer to keep or cause to be kept a register of all purchases, hirings, sales, repairs, and other transactions of or in relation to firearms or ammunition made by him, and within twenty-four hours after every such transaction to enter or cause to be entered in such register the prescribed particulars in respect of such transaction.

(2) Where the particulars required by this section to be entered in the register aforesaid in respect of any transaction are not known to the firearms dealer it shall be his duty at or before the completion of such transaction to demand such particulars from the person with whom the transaction takes place and it shall be the duty of such person on such demand to furnish such particulars accordingly.

(3) Every register kept in pursuance of this section may be inspected at all reasonable times by any member of the Gárda Síochána or any officer of customs and excise for any purpose arising out of or in connection with this Act or any regulation made thereunder, and it shall be the duty of the firearms dealer by or for whom such register is kept to produce for the inspection of such member of the Gárda Síochána or such officer of customs and excise on demand such register and also all invoices, consignment notes, receipts, and other documents (including copies thereof where the originals are not available) reasonably demanded by such member or officer for the purpose of verifying any entry in or explaining any omission from such register.

(4) If any registered firearms dealer—

(a) fails to keep or cause to be kept such register as is required by this section, or

(b) fails to make or cause to be made in such register within the time prescribed by this section any entry required by this section to be made therein, or

(c) makes or permits to be made in such register any entry which is to his knowledge false or misleading in any material respect,

he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F83[3,000].

(5) If any person required by this section to furnish any particulars to a registered firearms dealer refuses so to furnish such particulars or furnishes any such particulars which are to his knowledge false or misleading in any material respect, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F83[1,500].

(6) For the purposes of this section—

(a) inspection of a register or document shall include taking copies or extracts therefrom, and

(b) a demand for inspection of a register or other document shall be deemed to have been duly made by a member of the Gárda Síochána or an officer of customs and excise if such demand is made verbally on the premises on which such register or document is kept to the manager, secretary, book-keeper, or other member of the clerical staff of such premises, and

(c) a refusal or failure to produce a register or other document for inspection if made or committed on any premises in which, the registered firearms dealer carries on business as such dealer by a person in his employment shall be deemed to have been committed by the registered firearms dealer.

Annotations

Amendments:

F83

Substituted by Firearms and Offensive Weapons Act 1990 (12/1990), s. 8A as inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 64 and sch. 1, S.I. No. 390 of 2006. A fine of €3,000 translates into a class B fine not greater than €4,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(3) and table ref. no. 1, S.I. No. 662 of 2010. A fine of €1,500 translates into a class C fine not greater than €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(3) and table ref. no. 1, S.I. No. 662 of 2010.

Modifications (not altering text):

C23

Requirements for maintenance of register provided (27.04.2022) by European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 (S.I. No. 209 of 2022), regs. 4(1), (2).

Maintenance of register kept by firearms dealers

4. (1) A firearms dealer shall, throughout the period of his or her activity as a firearms dealer, enter and retain in the register kept by him or her under section 12 of the Act the following information in relation to the transactions referred to in that section —

(a) the type, make, model, calibre and serial number of all firearms to which the Directive applies and all essential components of such firearms to which a transaction relates, and

(b) the names and addresses of the persons supplying or acquiring such firearms or essential components.

(2) Where a person ceases to carry on business as a firearms dealer, the person shall deliver up to the Minister the register referred to in paragraph (1).

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Editorial Notes:

E45

Previous affecting provision: application of section extended (9.12.1993) by European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993), reg. 3(2); 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).