Criminal Justice (Miscellaneous Provisions) Act 2009

36.

New section 17 of Principal Act.

36.— The following section is substituted for section 17 of the Principal Act:

“Restrictions on the import of firearms, prohibited weapons and ammunition.

17.— (1) Without prejudice to the provisions of the Firearms (Firearms Certificates for Non-Residents) Act 2000, no person, other than a registered firearm dealer, shall import into the State any firearm, ammunition, or prohibited weapon.

(2) A continuing licence to import firearms or ammunition may on application in the prescribed manner be granted by the Minister if he or she thinks fit so to do to any registered firearms dealer, and every such continuing licence shall operate and be expressed to authorise the importation into the State of firearms and ammunition generally or of any specified class or classes of firearms and ammunition through the port, by the registered dealer, during the period and subject to the conditions named in such licence.

(3) An occasional licence to import into the State a firearm or prohibited weapon, with or without ammunition therefor, may, on application in the prescribed manner, be granted by the Minister if he or she thinks fit so to do to any registered firearms dealer and every such occasional licence shall operate and be expressed to authorise the importation into the State of the firearm and the quantity of ammunition (if any) specified in such licence through the port, by the registered firearms dealer, within the time and subject to the conditions named in such licence.

(4) Notwithstanding subsections (1) to (3) of this section, a licence for importing a firearm, ammunition or prohibited weapon may not be granted unless—

( a) the applicant has a good reason for importing it,

( b) granting the licence would not prejudice public safety or security, and

( c) if the application relates to a restricted firearm or restricted ammunition, the applicant possesses an authorisation under section 10 of this Act.

(5) An applicant for a licence under this section shall supply in writing any further information that the Minister may require in the performance of his or her functions under this section.

(6) The reason for refusing an application for a licence under this section or for its renewal shall be communicated in writing to the applicant.

(7) Every continuing licence granted by the Minister under this section may be varied or revoked by the Minister at any time before its expiration. The reason for varying or revoking the licence shall be communicated in writing to the licensee or former licensee.

(8) If any person imports into the State a firearm or prohibited weapon or any ammunition without or otherwise than in accordance with a licence under this section authorising such importation or, in the case of ammunition, in quantities in excess of those so authorised, or fails to comply with any condition named in a licence granted to him or her under this section, he or she shall be guilty of an offence under this Act and shall be punishable accordingly.

(9) The possession of a licence granted under this section shall not relieve any person from the obligation to obtain or hold any certificate, permit, or authority required by any other provision of this Act.

(10) This section shall not apply to the importation into the State of any firearms, ammunition or prohibited weapon which is so imported under the authority of the Minister for Defence for the use of the Defence Forces of the State or under the authority of the Minister for the use of any lawful police force in the State.”.