Criminal Justice (Miscellaneous Provisions) Act 2009

27.

New section 2C of Principal Act.

27.— The following section is inserted after section 2B (inserted by section 29 of the Criminal Justice Act 2006) of the Principal Act:

“Prohibited firearms and ammunition.

2C.— (1) The Minister may, in the interests of public safety and security, by order—

( a) declare specified firearms to be prohibited firearms for the purposes of this Act by reference to one or more than one of the following criteria:

(i) category;

(ii) calibre;

(iii) working mechanism;

(iv) muzzle energy;

(v) description;

and

( b) declare specified ammunition to be prohibited ammunition for the purposes of this Act by reference to one or more than one of the following criteria:

(i) category;

(ii) calibre;

(iii) weight;

(iv) kinetic energy;

(v) ballistic co-efficient;

(vi) design;

(vii) composition;

(viii) description.

(2) Any person who—

( a) possesses, uses or carries,

( b) manufactures, sells or hires, or offers or exposes for sale or hire, or by way of business repairs or modifies,

( c) puts on display, or lends or gives to any other person, or

( d) imports in to the State,

a prohibited firearm or prohibited ammunition shall be guilty of an offence.

(3) A person who is guilty of an offence under this section is liable—

( a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, and

( b) on conviction on indictment, to a fine not exceeding €20,000 or imprisonment for a term not exceeding 7 years or both.

(4) This section shall not apply to any firearm or ammunition possessed, used, carried, manufactured, sold, hired, offered or exposed for sale or hire, repaired or modified by way of business, possessed for the purpose of sale or hire or for the purpose of modification by way of business, put on display, lent or given to another or imported into the State under the authority of the Minister for Defence for use by the Defence Forces of the State or under the authority of the Minister for use by any lawful police force in the State.”.