Firearms and Offensive Weapons Act 1990
Possession of knives and other articles.
9.—(1) Subject to subsections (2) and (3), where a person has with him in any public place any knife or any other article which has a blade or which is sharply pointed, he shall be guilty of an offence.
(2) It shall be a defence for a person charged with an offence under subsection (1) to prove that he had good reason or lawful authority for having the article with him in a public place.
(3) Without prejudice to the generality of subsection (2), it shall be a defence for a person charged with an offence under subsection (1) to prove that he had the article with him for use at work or for a recreational purpose.
(4) Where a person, without lawful authority or reasonable excuse (the onus of proving which shall lie on him), has with him in any public place—
(a) any flick-knife, or
(b) any other article whatsoever made or adapted for use for causing injury to or incapacitating a person,
he shall be guilty of an offence.
(5) Where a person has with him in any public place any article intended by him unlawfully to cause injury to, incapacitate or intimidate any person either in a particular eventuality or otherwise, he shall be guilty of an offence.
(6) In a prosecution for an offence under subsection (5), it shall not be necessary for the prosecution to allege or prove that the intent to cause injury, incapacitate or intimidate was intent to cause injury to, incapacitate or intimidate a particular person; and if, having regard to all the circumstances (including the type of the article alleged to have been intended to cause injury, incapacitate or intimidate, the time of the day or night, and the place), the court (or the jury as the case may be) thinks it reasonable to do so, it may regard possession of the article as sufficient evidence of intent in the absence of any adequate explanation by the accused.
F9[(7) (a) A person guilty of an offence under subsection (1) shall be liable—
(i) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding twelve months or to both, or
(ii) on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years or to both.]
(b) A person guilty of an offence under subsection (4) F10[…] shall be liable—
(i) on summary conviction, to a fine not exceeding F11[€5,000] or to imprisonment for a term not exceeding twelve months or to both, or
(ii) on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years or to both.
F12[(c) A person guilty of an offence under subsection (5) shall be liable—
(i) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding twelve months or to both, or
(ii) on conviction on indictment, to a fine or to imprisonment for a term not exceeding seven years or to both.]
(8) In this section “public place” includes any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise, and includes any club premises and any train, vessel or vehicle used for the carriage of persons for reward.
(9) In this section “flick-knife” means a knife—
(a) which has a blade which opens when hand pressure is applied to a button, spring, lever or other device in or attached to the handle, or
(b) which has a blade which is released from the handle or sheath by the force of gravity or the application of centrifugal force and when released is locked in an open position by means of a button, spring, lever or other device.
Annotations
Amendments:
F9
Substituted (1.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 39, S.I. No. 310 of 2009. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.
F10
Deleted (30.09.2024) by Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 (30/2024), s. 24(a)(i), S.I. No. 478 of 2024.
F11
Substituted (1.08.2006) by Firearms and Offensive Weapons Act 1990 (12/1990), s. 8A as inserted by Criminal Justice Act 2006 (26/2006), s. 64 and sch. 1, S.I. No. 390 of 2006. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.
F12
Inserted (30.09.2024) by Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 (30/2024), s. 24(a)(ii), S.I. No. 478 of 2024.
Editorial Notes:
E4
Offences under section designated serious offences (4.09.1998) by Bail Act 1997 (16/1997), s. 1 and sch. paras. 16(c), 29 and 30, S.I. No. 315 of 1998; as substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 17(b), S.I. No. 236 of 2007.
E5
Previous affecting provision: amount of fine in subs. (7)(a)(i) substituted (1.08.2006) by Firearms and Offensive Weapons Act 1990 (12/1990), s. 8A as inserted by Criminal Justice Act 2006 (26/2006), s. 64 and sch. 1, S.I. No. 390 of 2006; substituted as per F-note above.