C5

Section inserted by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 40, not commenced as of date of revision.

9C.— (1) The Minister shall cause a register of dealers in realistic imitation firearms to be established and kept.

(2) Any person who—

(a) applies, in accordance with the provisions of this section, to be registered in the register of dealers in realistic imitation firearms,

(b) pays the fee, if any, prescribed by regulations made by the Minister under this section, and

(c) satisfies the Minister that he or she is immediately about to carry on business as a dealer in realistic imitation firearms in premises suitable for that business,

may be registered in such register, but when considering any such application for registration the Minister shall have regard to the character of the applicant, and generally to the public safety and the preservation of the peace.

(3) The registration of a person in the register of dealers in realistic imitation firearms shall continue in force for a period of 3 years from the date of the registration, unless previously revoked and, if renewed, for a further period of 3 years from the expiration of that period or, as the case may be, of any subsequent such period for which the registration was renewed.

(4) Every registered dealer in realistic imitation firearms shall be entitled to renew his or her registration in the register of dealers in realistic imitation firearms at any time within one month before the expiration of his existing registration or renewal on application therefor in accordance with the provisions of this section and payment of the fee, if any, prescribed by regulations made by the Minister under this section.

(5) Every application for registration in the register of dealers in realistic imitation firearms or for renewal of such registration shall be made to the Minister in the form and manner prescribed by regulations made by the Minister under this section and shall contain the prescribed particulars (if any) so prescribed.

(6) Every person registered in the register of dealers in realistic imitation firearms shall be entitled on such registration and on every renewal thereof to obtain from the Minister a certificate in writing of such registration or renewal.

(7) An application for registration in the register of dealers in realistic firearms dealers or for renewal of such registration shall be refused if granting it would, in the opinion of the Minister, prejudice public safety or security.

(8) The Minister, after consultation with the Commissioner, may by regulations specify minimum standards to be complied with in relation to premises in which a dealer in realistic imitation firearms carries on business or proposes to do so.

(9) The minimum standards shall be determined by reference to—

(a) the security of the premises,

(b) the location of the premises,

(c) their safety,

(d) their standard of construction,

(e) window displays, and

(f) types of merchandise,

and having regard to their use for, as the case may be, the manufacture, repair, testing or sale of imitation firearms.

(10) Applicants for registration or renewal shall satisfy the Minister that their premises comply with the minimum standards specified in any regulations under subsection (8) of this section.

(11) Without prejudice to subsection (2) of this section, the following persons are declared to be disentitled to be registered in the register of dealers in realistic imitation firearms:

(a) a person under the age of 21 years;

(b) a person of unsound mind;

(c) a person who has been sentenced to imprisonment for an offence under the Firearms Acts 1925 to 2009, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005;

(d) a person who is bound by a recognisance to keep the peace or be of good behaviour, a condition of which is that the person shall not possess, use or carry a firearm or ammunition.

(12) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to anything previously done thereunder.