Firearms Act 1925

4D

F59[Seizure and detention of firearms or ammunition by An Garda Síochána in interest of public safety, security or peace

4D. (1) Where a member of An Garda Síochána who is

(a) in a public place,

(b) in any other place

(i) under a power of entry authorised by law, or

(ii) to which he or she was expressly or impliedly invited or permitted to be,

or

(c) carrying out a search authorised by law,

finds or comes into possession of any firearm or ammunition and has reasonable grounds for suspecting that, in connection with the firearm or ammunition, there is a danger to the public safety, security or the peace, he or she may seize and detain said firearm or ammunition for a period not exceeding 14 days.

(2) Where a member of An Garda Síochána has seized and detained a firearm or ammunition in accordance with subsection (1), a member of An Garda Síochána not below the rank of superintendent may, before the expiration of the period specified in subsection (1), if he or she is satisfied that

(a) there are reasonable grounds for suspecting that the possession, use or carriage of the firearm or ammunition will endanger the public safety, security or the peace, and

(b) there are sufficient grounds, having regard to paragraph (a), to consider revocation under section 5 of the firearm certificate in respect of the firearm or ammunition seized and detained under subsection (1),

authorise the detention of the firearm or ammunition for a further period not exceeding 21 days so that an issuing person may determine whether the firearm certificate should be revoked under section 5.

(3) A person who obstructs or impedes a member of An Garda Síochána in the exercise of his or her powers under subsection (1) shall be guilty of an offence under this section and shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding six months or to both.

(4) This section shall not affect any other power, under any enactment or the common law, to seize or detain a firearm or ammunition.

(5) In this section, “enactment” has the same meaning as it has in the Interpretation Act 2005.]

Annotations

Amendments:

F59

Inserted (1.09.2026) by Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Act 2026 (34/2026), s. 4(c), S.I. No. 383 of 2026. A class A fine means a fine not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.