Firearms Act 1925

Sale of firearm when certificate refused or revoked.

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F59[6.F60[When a firearm certificate is revoked] and the person who is the holder of the certificate has a firearm, with or without ammunition, in his possession in the State at the time of such revocation or where a person has a firearm, with or without ammunition, in his possession in the State but is not the holder of a firearm certificate in respect thereof and such possession is not otherwise authorised under this Act

(a) the person shall forthwith deliver the firearm and ammunition (if any) to the Superintendent F61[of the district in which the person resides],

(b) the Superintendent shall forthwith cause the person to be informed by notice in writing of his right to dispose of the firearm and ammunition (if any) in any manner not contrary to law,

(c) upon such delivery, the person may dispose of the firearm and ammunition (if any) as aforesaid,

(d) if the person does not, within three months after the delivery of the firearm and ammunition (if any) to the Superintendent, arrange for its or their disposal in accordance with the provisions of this Act, inform the Superintendent of the arrangements and carry out the arrangements, the Superintendent may send to the person by post to his last known address a notice informing him that unless arrangements of the kind aforesaid are made, communicated to the Superintendent and carried out within one month after the date on which the notice is sent, the firearm and ammunition (if any) will be sold or destroyed,

(e) if within one month after the date on which the notice aforesaid is sent, arrangements of the kind aforesaid are not made, communicated to the Superintendent and carried out, the Superintendent may cause the firearm and ammunition (if any) to be sold and shall, as soon as may be, cause the proceeds of the sale to be paid to the person,

(f) the Superintendent may cause to be destroyed any firearm or ammunition that has been offered for sale under paragraph (e) of this section and has not been sold if, in the opinion of the Superintendent, the firearm or ammunition is unlikely to be sold if offered for sale again and shall send to the person by post to his last known address a notice informing him of such destruction,

(g) where the address of the person is unknown or the Superintendent is of opinion that notices as aforesaid would not be understood by the person, the Superintendent may, at his discretion, send the notices by post or otherwise give them to any member of the family of the person or to such other person, if any, as he may, in the particular circumstances, think appropriate.]

Annotations

Amendments:

F59

Substituted (28.01.1964) by Firearms Act 1964 (1/1964), s. 8, commenced on enactment.

F60

Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 36(a), S.I. No. 390 of 2006.

F61

Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 36(b), S.I. No. 390 of 2006.

F62

Substituted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref no. 3, not commenced as of date of revision, subject to transitional provisions in ss. 13, 15, 26.

Modifications (not altering text):

C17

Prospective affecting provision: subs. (6)(a) amended by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref no. 3, not commenced as of date of revision, subject to transitional provisions in ss. 13, 15, 26.

6. ...

(a) the person shall forthwith deliver the firearm and ammunition (if any) to F62[a Superintendent in the Garda division] F61[in which the person resides,]

...

Editorial Notes:

E33

Previous affecting provision: subs. 6(a) inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 36(b), S.I. No. 390 of 2006; substituted as per F-note above.