Wildlife Act 1976

Power of court to revoke certain certificates and licences and to impose certain disqualifications.

75

75.(1) Where a person who holds—

(a) a firearm certificate which by virtue of F225[subsection (5) or (5A) of section 29] of this Act is deemed to be a licence granted under that section, or

(b) a firearm certificate granted on the production of a current licence granted by the Minister to the person under section 29 of this Act,

is convicted of an offence under Part II of this Act, the court by which the person in convicted may revoke the certificate mentioned in paragraph (a) of this subsection or the licence mentioned in paragraph (b) of this subsection, as may be appropriate, and disqualify the person from holding such a certificate or licence and such revocation and disqualification shall be for such period as the court thinks appropriate and shall be in addition to any other punishment imposed by the court in respect of the offence.

(2) Where pursuant to subsection (1) of this section a court revokes a firearm certificate mentioned in paragraph (a) of that subsection, section 6 of the Firearms Act, 1925 (inserted by section 8 of the Firearms Act, 1964), shall apply as if the certificate had been revoked under section 5 of that Act; provided that in case the firearm described in such certificate is a shotgun, the Superintendent of the Garda Síochána of the district in which the holder of the certificate resides may, within three months of the revocation, if he thinks fit, grant under section 12 of the Firearms Act, 1964, to such holder in respect of such shotgun a limited certificate within the meaning of the said section 12.

(3) Where a court revokes a certificate or licence and imposes a disqualification pursuant to this section, the registrar or clerk of the court shall, as soon as may be, send to the Minister a copy of the court’s order.

Annotations

Amendments:

F225

Substituted (10.07.2010) by Wildlife (Amendment) Act 2010 (19/2010), s. 8, commenced on enactment.

F226

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

Modifications (not altering text):

C25

Prospective affecting provision: subs. (2) amended by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref. no. 13, not commenced as of date of revision, subject to transitional provisions in ss. 13, 26.

75.

(2) Where pursuant to subsection (1) of this section a court revokes a firearm certificate mentioned in paragraph (a) of that subsection, section 6 of the Firearms Act, 1925 (inserted by section 8 of the Firearms Act, 1964), shall apply as if the certificate had been revoked under section 5 of that Act; provided that in case the firearm described in such certificate is a shotgun, F226[a Superintendent of the Garda Síochána in the Garda Síochána division] in which the holder of the certificate resides may, within three months of the revocation, if he thinks fit, grant under section 12 of the Firearms Act, 1964, to such holder in respect of such shotgun a limited certificate within the meaning of the said section 12.