APPENDIX 1
Shooting Sports
Association Response
Declan
Keogh/Terry Martin SSAI Representatives
15th
December 2005
Recommendations by
SSAI/FLAG are in blue highlight
Submissions added
from National Target Shooting Association (Sandy Wilson)
Both recommendations and submissions were discussed at meeting 19th
December, responses in purple as listed have been confirmed at the meeting of 9th
February 2006.
Response
Meetings 19th Dec 2005 and 9th February 2006 with DOJ
Part 9 Firearms Control
Head 41 Definitions
Head 42 Amendment
of Section 1 of the Firearms Act, 1925 - Definitions
Head 43 Amendment of Section 2 of Firearms Act, 1925 -
Extended to cover component parts
Head 44 Amendment
of Firearms Act, 1925 - New Section
- Minister to deem certain firearms as restricted firearms
Head 45 Repeal of Section 2(2B) of
Firearms Act, 1925
Head 46 Amendment
of Firearms Act, 1925 - New Section 2C - Firearms training certificate for
persons under 16 years
Head 47 Amendment
of Section 3 of the Firearms Act, 1925 - Grant of restricted firearms
certificate by Garda Commissioner
Head 48 Application
for firearms certificate - False information or forged documentation
Head 49 Amendment
of the Firearms Act, 1925 - New section to enable Commissioner to draft
guidelines
Head 50 Amendment
of Section 4 of the Firearms Act, 1925 - Conditions of grant of firearms
certificate
Head 51 Amendment
of Firearms Act, 1925 - New Section - Superintendents to authorise rifle and
pistol clubs and target shooting ranges
Head 52 Amendment
of Firearms Act, 1925 - New Section - Appointment of Firearms Range Inspector
Head 53 Amendment
of Section 5 of the Firearms Act, 1925 - Revocation of firearms certificate
Head 54 Amendment
of Section 8 of the Firearms Act, 1925 - Persons disentitled to hold firearms
certificates extended
Head 55 Amendment
to Section 9 of the Firearms Act, 1925 - Prescribe minimum criteria for
firearms dealers
Head 56 Amendment
to Section 11 of the Firearms Act, 1925 - Firearms dealers to surrender their
records
Head 57 Amendment
of Section 12 of the Firearms Act, 1925 - Firearms dealers - increased
penalties
Head 58 Amendment of Section 13 of the Firearms Act, 1925 -
Firearms dealers stock - increased penalties
Head 59 Amendment
of Section 15 of the Firearms Act, 1925 - Minimum mandatory sentence for
possession of a firearm with intent to endanger life
Head 60 Amendment
of Firearms Act, 1925 - New Section - Statutory right of appeal to District
Court
Head 61 Amendment
of Section 17 of the Firearms Act, 1925 - Restrictions on import of firearms,
etc & appeal to District Court
Head 62 Amendment
of Section 21 of the Firearms Act, 1925 - Obstructing Garda search - increased
penalties
Head 63
Amendment of Section 22
of the Firearms Act, 1925 - Refusing to give name to Garda - increased
penalties
Head 64 Amendment of Section 25 of the Firearms Act, 1925 -
Increased penalties generally
Head 65 Amendment
of Firearms Act, 1925 - New Section - Minister to make order declaring period
during which weapons may be surrendered to An Garda Siochana
Head 66 Amendment of Firearms Act, 1925
- New Section - Ballistic testing
Head 67 Amendment
of Firearms Act, 1925 - New Section - Power to make regulations
Head 68 Amendment of Firearms Act, 1925 - New Section - Commissioner to delegate functions
Head 69 Amendment of Firearms Act, 1925 - New Section -
Provide for payment for surrendered firearms
Head 70 Repeal
Section 9 of the Firearms Act, 1964 and re-enact, with amendment - renewal of
firearms certificates
Head 71 Amendment
of Section 11 of the Firearms Act, 1964 - Amendment of description of firearms
on firearms certificate
Head 72
Amendment of Section 21
of the Firearms Act, 1964 - Ammunition may be imported together with firearm on
foot of firearms certificate
Head 73 Amendment
of Section 26 of the Firearms Act, 1964 - Minimum mandatory sentence for
possession of a firearm while taking a vehicle
Head 74 Amendment
of Section 27 of the Firearms Act, 1964 - Minimum mandatory sentence for use of
a firearm to resist arrest or escape from custody
Head 75 Amendment of Section 27A of the Firearms Act, 1964 -
Minimum mandatory sentence for possession of a firearm in suspicious
circumstances
Head 76 Amendment of Section 27B of the Firearms Act, 1964 -
Minimum mandatory sentence for possession of firearm with criminal intent
Head 77 Amendment
of Firearms Act, 1964 - New Section 27C -Mitigation of mandatory sentences
Head 78 Amendment
of Section 15 of the Criminal Justice Act, 1984 - Increased penalty for
withholding information
Head 79 Amendment
of Section 4 of the Firearms and Offensive Weapons Act, 1990 - Definition of a
component part of a firearm
Head 80 Amendment of Section 7 of the Firearms and Offensive
Weapons Act, 1990 - Increase penalties for illegal possession and sale of
silencers
Head 81 Amendment
of Section 8 of the Firearms and Offensive Weapons Act, 1990 - Increase
penalties for reckless discharge of a firearm
Head 82 Amendment
of Section 9 of the Firearms and Offensive Weapons Act, 1990 - Possession of
Offensive Weapons - increased penalties
Head 83 Amendment
of Section 10 of the Firearms and Offensive Weapons Act, 1990 - Trespass with
Offensive Weapon - increased penalties
Head 84 Amendment
of Section 11 of the Firearms and Offensive Weapons Act, 1990 - Production of
Offensive Weapon - increased penalties
Head 85 Amendment
of Section 12 of the Firearms and Offensive Weapons Act, 1990 - Increased
penalties for importation of offensive weapons
Head 86 Amendment
of Section 12 of the Firearms and Offensive Weapons Act, 1990 - Offence of
altering a firearm
Head 87
Amendment of Section 2
of the Firearms (Firearms Certificates for Non-Residents) Act, 2000 -
Applications for use of restricted firearms to be made to Garda Commissioner
Head 88 Amendment of Section 3 of the Firearms (Firearms
Certificates for Non-Residents) Act, 2000 - Providing false information -
increased penalties
Head 88A Amendment
of Section 10 of the Firearms Act, 1925 - restrictions on manufacture and sale
of firearms
Head 88B Amendment of the Firearms Act, 1925
Part 9 – Firearms Control
Head 41 (Definitions)
Provide that:
In this Part, the "Principal Act" refers to the
Firearms Act, 1925
Head 42 (Amendment of
Section 1 of the Firearms Act, 1925 - Definitions)
Provide that:
Section 1(1) of the Firearms Act, 1925 is hereby amended by
(i) by the insertion after the second indent of
"the expression
"action type" in relation to any firearm means that it is
designed or adapted so that it is either automatically reloaded or so designed
or adapted that it is reloaded by manual operation at the forestock of the
firearm;
Don’t
understand why this is put in here. Are
they flagging they intend to ban, sorry “restrict”, pumps and semi-autos?
"the expression "Firearms Training
Certificate" has the meaning assigned to it by Section 2B of this
Act."
the expression "muzzle energy" means the energy of
a projectile at the muzzle end of a firearm measured in joules or foot pounds;
the expression "restricted firearm" has the
meaning assigned to it by section 2A of this Act;
the expression "restricted ammunition" has the
meaning assigned to it by section 2A of this Act;
all references in the Firearms Acts, 1925 to 2000 and in
this Act to "firearms" and "ammunition" except references
in sections 2, 3 and 17 of the Principal Act and sections 11 and 21 of the
Firearms Act, 1964 shall be read as referring to "restricted
firearms" and "restricted ammunition" also;
Note:
This
Head provides that where the expression "firearm certificate" is used
in the Firearms Acts that it includes reference to the new Firearm Training
Certificate to be introduced. It also
defines "restricted firearm" and "restricted ammunition" as
provided for under the new section 2A of the Firearms Act, 1925.
Head 43 (Amendment of Section 2 of Firearms
Act, 1925 - Extended to cover component parts)
Provide that:
Section 2 of the Firearms Act, 1925, is hereby amended by
(i) the insertion in subsection 2(1) of ", component
part or parts of a firearm as defined by section 4(1) of the Firearms and
Offensive Weapons Act, 1990, as amended, as amended by section JJ [Head 79] of
this Act" between "Subject to the exceptions from this section
hereinafter mentioned, it shall not be lawful for any person after the
commencement of this Act to have in his possession, use or carry any
firearm" and "or ammunition",
(ii) the insertion in subsection 2(2) of "or component
part or parts of a firearm as defined by section 4(1) of the Firearms and
Offensive Weapons Act, 1990, as amended, as amended by section JJ [Head 79] of
this Act" between "Save in any of the cases hereinafter excepted from
this section, every person who after the commencement of this Act has in his
possession, uses or carries any firearm" and "without holding a
firearm certificate",
(iii) Section 2 is amended by the inclusion after 2(4)(j)
of;
"Section 2(4)(k) the
possession, use or carriage of a firearm and ammunition for the purpose of bird
control by a person who stands authorised in that behalf under this section,
such person being an employee or agent of the Airport Fire Authority."
(iv) The substitution of subsection (2A), as inserted by
section 3 of the Firearms Act, 1971, with
"(2A) Where a person is
guilty of an offence under this section he or she shall be liable on summary
conviction, to a fine not exceeding €500 or to imprisonment for a period not
exceeding one year, or on conviction on indictment to a fine not exceeding
€2000 or to imprisonment for a period not exceeding five years or to both such
fine and such imprisonment."
Note:
This
Head amends section 2 of the Firearms Act, 1925 and extends the requirement to
hold a firearm certificate to the component parts of a firearm as defined in
section 4 of the Firearms and Offensive Weapons Act, 1990.
The
Head also amends and strengthens the penalties relating to the possession, use
or carriage of a firearm or the purchase, possession, use or carriage of
ammunition for which no valid firearm certificate is held.
Head 44 (Minister to
deem certain firearms as restricted firearms)
Provide that:
The Firearms Act, 1925 is hereby amended by the insertion
after section 2 of the following
"2A. (1) The Minister may make an Order deeming
firearms, by reference to any or all of the following criteria,:
Power
to introduce Statutory instrument when matters of state need to be taken into
consideration
(a) Category
(b) Calibre
(c) Action type
(d) Muzzle energy
(e) Description
as restricted firearms and the Minister may make an Order
deeming ammunition, by reference to any or all of the following criteria,:
(e) (if that’s the correct number) is ridiculously vague. Such criteria should be capable of rigorous,
unambiguous definition. Is (a) Category supposed to be a criterion? If so the same applies to it.
(a) Category
(b) Calibre
(c) Weight
(d) Kinetic energy
(e) Ballistic coefficient
(f) design
(g) composition of ammunition
as restricted ammunition for the purposes of the protection of public safety and
security.
Note: How
is current public safety and security effected by lawfully held firearms?
What’s (e)
in there for? (f), like (e) in firearms
above seems too ambiguous to be used as a criterion for restriction. (A) also as above.
The Minister may, by Order, add to, delete from or amend
previous Orders made under this section.
(2) Subject to the exceptions from this section hereinafter
mentioned, it shall not be lawful for any person after the commencement of this
Act to have in his or her possession, use, or carry any restricted firearm or
component part or parts, as defined by section 4(1)(g) of the Firearms and
Offensive Weapons Act, 1990, as amended, of a restricted firearm or restricted
ammunition, save in so far as such possession, use or carriage is authorised by
a firearm certificate granted under section 3(1C) of this Act and for the time
being in force.
(3) Subject to the exceptions from this section hereinafter
mentioned, every person who after the commencement of this Act has in his or
her possession, uses, or carries any restricted firearm or component part or
parts, as defined by section 4(1)(g) of the Firearms and Offensive Weapons Act,
1990, as amended, of a restricted firearm without holding a firearm certificate
therefor or otherwise than as authorised by such certificate or who purchases,
uses, has in his or her possession, or carries any restricted ammunition
without holding a firearm certificate therefor or in quantities in excess of
those authorised by such certificate shall be guilty of an offence under this
section.
(4) Where a person is guilty of an offence under this
section he or she shall be liable, on summary conviction to a fine not
exceeding €1,500 or to imprisonment for a period not exceeding 12 months or to
both such fine and such imprisonment, or, on conviction on indictment, to a
fine not exceeding €3,000 or to imprisonment for a period not exceeding seven
years or to both such fine and such imprisonment.
(5) Subsections (2), (3) and (4) of this section shall not
apply in any of the following cases and such cases are accordingly excepted
from those subsections, that is to say:
(a) the possession, [use], or
carriage of a restricted firearm or the purchase, possession, use or carriage
of restricted ammunition under and in accordance with a permit issued under
section 3 (1C) of this Act and for the time being in force;
(b) the possession, use, or
carriage of a restricted firearm or restricted ammunition, by a member of the
Defence Forces of this State or of the Garda Síochána in the performance of his
or her duty as such member;
(c) the possession, use, or
carriage of a restricted firearm or restricted ammunition, by a registered
firearms dealer, who holds an authorisation granted under section 3(1D) of this
Act, in the ordinary course of his business as such dealer;
(d) the possession or carriage of
a restricted firearm or restricted ammunition, in the ordinary course of
business by a person engaged in the business of carrying or of warehousing
goods for reward, who holds an authorisation granted under section 3(1D) of this
Act;
(e) the carriage for sporting
purposes only of restricted firearm or restricted ammunition, under instructions from and for the use of
the holder of a firearm certificate for such restricted firearm or restricted ammunition;
(f) the possession, use, or
carriage of a restricted firearm or restricted ammunition, by an employee of a registered firearms
dealer, who holds an authorisation granted under section 3(1D) of this Act, in
the ordinary course of business of the dealer as a firearms dealer;
(g) the possession or carriage of
a restricted firearm or restricted ammunition,
by an employee of a person engaged in the business of carrying or of
warehousing goods for reward, who holds an authorisation granted under section
3(1D) of this Act, in the ordinary course of such business;
(h) the possession or carriage of
a restricted firearm or restricted ammunition,
for purposes of sale by an auctioneer, who holds an authorisation
granted under section 3(1D) of this Act and who stands authorised under section
13 of the Firearms Act, 1964 or by an employee of such an auctioneer in the
ordinary course of business as an auctioneer;
(i) the possession, use, or
carriage of a restricted firearm or restricted ammunition, by an officer of Forbairt charged with the
operation of facilities for proofing firearms provided or procured by that body
under the Firearms (Proofing) Act, 1968;
(j) the possession or carriage of
a component part of a restricted firearm by a person who stands authorised in
that behalf under this section."
Note:
This
Head will allow the Minister to deem firearms and ammunition as
"restricted" by reference to a number of set criteria including
category, calibre, action type, muzzle energy and description of the firearm.
Head 45 (Repeal of
Section 2(2B) of Firearms Act, 1925)
Provide that:
Sections 2 (2B) (a) and 2 (2B) (b) of the Firearms Act,
1925, as inserted by section 3 of the Firearms Act, 1971 are hereby repealed.
Note:
This
Head deletes the references to and definition of a 'sporting firearm' and the
provision allowing the Minister to declare by order a firearm of a kind
specified in the order to be especially dangerous.
Head 46 (Insert new section into Firearms
Act, 1925 - Firearms training certificate for persons under 16 years)
Provide that:
The Firearms Act, 1925 is hereby amended by the insertion
after section 2A, inserted by section BB [HEAD 44] of this Act, of the
following
"2B - (1) The Minister may, on application to him or
her and upon payment of the fee (if any) which is required under law for a
certificate under this section, grant to a person over the age of fourteen
years a Firearm Training Certificate.
This certificate will allow the holder to carry and use, but not
possess, a firearm, which is not a restricted firearm, solely in the following
circumstances:
(a) where the firearm is for
target shooting
(i) on the premises of a rifle or
pistol club, standing authorised under section 2 or section 4A, as inserted by
section KK [HEAD 51] of this Act, of the Principal Act , and
(ii) under the supervision at all
times of a person over twenty-one years of age who is the holder of a
certificate under section 3 of the Principal Act, as amended by section DD
[HEAD 47] of this Act, for the firearm carried or in use at the time by the
holder of the certificate granted under this section.
This needs to be extended to cover the use of club guns by
juniors under the supervision of club officials/coaches unless it can be
confirmed this is already covered by FA 1964 s15 (b) or otherwise.
Consideration
to move age from 21 to 18 to allow for coaches of 18 and upward to supervise
(b) where the firearm, not being
a restricted firearm, is for other than target shooting, under the supervision
at all times of a person over twenty-one years of age who is the holder of a
certificate under section 3 of the Principal Act for the firearm carried or in
use at the time by the holder of the certificate granted under this section.
(2) A person under the age of sixteen years wishing to obtain
a Firearm Training Certificate under this section shall submit to the minister
in writing the consent of a parent or guardian as the case may be.
(3) The Minister may add any further conditions to a
certificate issued under this section as he or she sees fit.
(4) Every certificate issued under this section shall
continue in force for 3 years, unless revoked under subsection (6) of this
section, at which time it will expire.
(5) Where an application for a certificate under this
section is refused, the Minister shall inform the applicant in writing but it shall not be necessary
for the Minister to state the reasons for such refusal. To be removed modified the
Minister must state reasons
Note: This is totally unacceptable, there must be accountability for
decisions made in respect of the refusal to grant a certificate, precedent is
established in all other areas of the act.
(6)
Section EE [HEAD 60] of this Act does not apply to decisions taken by the
Minister in relation to applications for certificates under this section.
Note: An individual is entitled to a right of appeal in common with
precedent established by other sections of the legislation.
There should be an entitlement to be notified of the
reason for refusal and a right of appeal.
(7) The Minister may at any time revoke a certificate issued
under this section if he or she is satisfied that the conditions under which
the certificate was issued have not or are no longer being met.
(8) Any person who is the holder of a certificate issued
under section 3 of the Principal Act for a firearm which is found in the
possession of a person under the age of sixteen years of age in circumstances
other than those set out under subsection (1) of this section shall be guilty
of an offence.
This could easily happen through no fault of the cert holder, e.g.
through theft of the firearm. It should
be restricted to cases of connivance or gross negligence by the cert holder.
This
issue has been recognised and it will be amended to ensure it is in the context
that it should have been in.
(9) Where a person, who has been issued a certificate under
this section, is found in possession of a firearm in circumstances other than
those set out under subsection (1) of this section he or she shall be guilty of
an offence.
(10) Where a person is guilty of an offence under subsection
(7) above, he or she shall be liable to the penalties, set out in section 2(2A)
of the Principal Act, as inserted by section HH [HEAD 43] of this Act, for an
offence under section 2(2) of the Principal Act.
(11) Where a person is guilty of an offence under subsection
(8) above, he or she shall be liable, on summary conviction, in the case of a
first offence, to a fine not exceeding €250 and, in the case of any subsequent
offence, to a fine not exceeding €250 or to imprisonment for a period not
exceeding one month or to both such fine and such imprisonment."
Note:
This
Head provides for the creation of a new Firearms Training Certificate for
persons between the ages of fourteen and sixteen years and sets out the
conditions and
circumstances under which firearms may be carried and used by holders of such a
certificate.
The
Head also creates and sets the penalties for new offences in connection with
breaches of such conditions.
Head 47 (Amendment of Section 3 of the
Firearms Act, 1925 - Grant of restricted firearms certificate by Garda
Commissioner)
Provide that:
Section 3 of the Firearms Act, 1925 is hereby amended by
(a) the insertion after subsection (1) of the following:
"(1A) A person who applies to the Minister, the
Commissioner, the person designated by the Commissioner or a Superintendent of
the Garda Síochána (as the case may require) for a firearm certificate shall
furnish to that person the information requested in the application form
together with such further information as the Minister, the Commissioner, the
person designated by the Commissioner or a superintendent of the Gárda Síochána
(as the case may require) may request for the purposes of his or her functions
under this section and, if the person fails to comply with this subsection, the
Minister, the Commissioner, the person designated by the Commissioner or
Superintendent may refuse to grant the firearm certificate to the person.
(1B) If the Superintendent of the Garda Síochána is
satisfied that an application for a firearm certificate is in respect of a
firearm or ammunition deemed restricted by Order of the Minister under section
2A(1), he or she shall refuse the issue of a firearm certificate
(1C) Any person wishing to obtain a firearms certificate
under subsection (1), in respect of the firearm or ammunition which is deemed
restricted by Order of the Minister under section 2A(1) of the Principal Act,
as inserted by section BB [HEAD 44] of this Act, shall make an application to
the Commissioner in the prescribed form together with the payment of the fee
(if any) which for the time being is required by law. The Commissioner, or the person designated for the purpose by the
Commissioner, shall not grant a firearms certificate in respect of a restricted
firearm unless he is satisfied that the applicant
(a) fully complies with the
conditions provided for by section 4 of the Principal Act, as amended by
section FF [HEAD 50] of this Act,
(b) has good and sufficient
reason for having [requiring] the firearm, and
(c) the restricted firearm is of such a unique type as to
be the only weapon appropriate for the purpose [sought].
Note: The use of the word weapon is inappropriate. Sub
section c is unworkable: Sporting rules determine the specifications to which
eligible firearms must adhere to for particular purposes, these allow a
significant variation in the type and configuration of the firearm and allow
some flexibility. It would be more appropriate to change c to:
( c ) has a specific purpose for requiring the
certificate for the firearm.
(C) will be removed and replaced with more
appropriate wording, such as be required for a specific purpose or be suitable
for the purpose that it is to be used for!
For the purpose of deciding on whether to grant a firearms
certificate for a restricted firearm, the Commissioner may require the
applicant to supply any evidence as specified in writing by him or her.
(1D) The Minister may, on application to him or her and upon
payment of the appropriate fee (if any) which is required by law, issue an
authorisation to
(i) a registered firearms dealer,
(ii) a person engaged in the
business of carrying or of warehousing of goods for reward, or
(iii) an auctioneer who stands
authorised under section 13 of the Firearms Act, 1964
to have in their possession, purchase, sell or transfer a
restricted firearm or restricted ammunition in the ordinary course of their
business. For this purpose, the
Minister may [shall] require the applicant to supply any evidence as specified in writing by him
or her of the grant of a firearms certificate in respect of the firearm to be
imported. Any authorisation issued
under this subsection may be subject to any conditions as the Minister may specify.
Note: “Supply any evidence” is non specific and should be
better defined, equally “any conditions” is non specific and requires
definition.
This appears to require separate authorisation of the dealer by the
Minister of virtually every single transaction in restricted firearms. Surely this is redundant bureaucracy. The reference to “imported” indicates they
don’t expect too many such firearms to be in circulation within the country.
Application
of the test of reasonableness to be applied to this requirement, any evidence
cannot be unreasonable evidence.
(1E) Where an application for a certificate under subsection
(1A) or (1C) or an application for an
authorisation under subsection (1D) is refused, the Minister, the Commissioner
or the person designated for the purpose by the Commissioner (as the case may
require) shall inform the applicant in writing.
(1F) An applicant for a certificate under subsection (1A) or
(1C) or an application for an authorisation under subsection (1D) whose
application has been refused may, within 30 days of receipt of notice of any
such decision, appeal any such decision to the District Court. In determining the appeal the Judge may -
(a) confirm the refusal, or
(b) allow the appeal, inform the
Minister, the Commissioner or the person designated for the purpose by the
Commissioner (as the case may require) of his or her decision and direct the
Minister to re-consider the application, or
(c) allow the appeal, inform the
Minister, the Commissioner or the person designated for the purpose by the
Commissioner (as the case may require)
of his or her decision and direct the Minister, the Commissioner or the
person designated for the purpose by the Commissioner (as the case may require)
to grant the application."
(b) by the substitution for subsection (3) of the following
"(3) Every
firearm certificate shall (unless revoked or cancelled) continue in force for
three years from the date on which it is granted. One month prior to the
expiration of the certificate, the holder may apply, on the prescribed
proscribed form, for a further grant of the firearm certificate for a period of
three years."
and
(c) the insertion after subsection (6) of the following:
"(7) Each
application for a firearm certificate shall be granted or refused within three
months from the date on
which the completed application form is submitted, by the applicant, to
the Minister, the Commissioner, the person designated by the Commissioner or a
superintendent of the Gárda Síochána (as the case may require).
Note: Submitted by whom, it has been our experience that
local Gardai can frustrate applicants for firearms by failing to transfer the
application to the Superintendents office. This provision is open to abuse if
appropriate regulation is not applied and enforceable.
This may be amended to 2 months, issue with respect to
investigation of tourist shooters, in addition it is to be confirmed the date
from which the application runs, perhaps by way of receipt. What happens when
the time limit expires? It is envisaged that it will be assumed that the
application has been granted if the period expires, this is similar to planning
permission procedures.
(8) the Minister, in consultation with the Minister for
Finance may, by Order, set fees for firearm certificates and restricted firearm
certificates.
(9) the Minister may, by Order, add to, delete from or amend
previous Orders made under this section."
Note:
This
Head amends section 3 of the 1925 Act by the insertion of a number of new
subheads governing the grant of firearms certificates.
A
Superintendent shall refuse an application for a firearm certificate if the
application is for a firearm or ammunition which has been deemed restricted by
Order of the
Minister. In effect this provides that
a Superintendent cannot issue a firearms certificates in respect of firearms
once it has been deemed "restricted".
The
Head only allows a firearm certificate to be issued in respect of a
"restricted" firearm by the Gárda Commissioner, or a person
designated in that regard by the Commissioner.
Provision
is also been made for an appeal to the District Court against a refusal of a
certificate or an authorisation.
Finally,
provision is being made requiring a decision on a firearms certificate to be
issued within 3 months of receipt of an application.
Head 48 (Application for firearms
certificate - False information or forged documentation)
Provide that:
The Firearms Act, 1925 is hereby amended by the insertion
after section 3 of the following:
"3A. (1) A person shall not knowingly give false
information to the Minister, the Commissioner, the person designated by the
Commissioner or the Superintendent (as the case may require) in relation to an
application for a firearm certificate.
(2) A person shall not forge a document purporting to be a
firearm certificate, or use or knowingly have in his or her possession such
document.
(3) A person shall not alter or use a firearm certificate,
or use an altered certificate, with intent to deceive.
(4) A person who contravenes this section shall be guilty of
an offence and shall be liable-
(a) on summary conviction, to a
fine not exceeding €1,500 or to imprisonment for a term not exceeding 6 months
or to both, or
(b) on conviction on indictment,
to a fine not exceeding €15,000 or to imprisonment for a term not exceeding 5
years or to both."
Note:
This
Head provides that it will be an offence to provide false information or forged
documentation in support of an application for a firearm certificate and sets
penalties for the offence.
Head 49 (Amendment of the Firearms Act,
1925 - New section to enable Commissioner to draft guidelines)
Provide that;
The Firearms Act, 1925 is hereby amended by the insertion
after Section 3 of the following:
"3A - The Garda Commissioner, with the consent of the
Minister, may from time to time issue directions, guidelines or guidance notes
generally on the practical application and operation of the provisions, or any
particular provisions, of this Act and on developments in the law relating to
firearms. In particular he
may issue directions, guidelines or guidance notes with respect to applications
for firearm certificates and authorisations and the conditions which may be
attached to firearm certificates and authorisations, and applications by rifle
and pistol clubs for authorisations."
Note: There must be some provision to allow for these
directions, guidelines or guidance notes to be made available to the interested
groups, our experience has been in the past that such directions and guidance
were issued with no reference to the SSAI and we were unable to ascertain the
actual advice save by way of discovery. These directions and guidelines must be available for
public scrutiny.
It has been agreed that guidelines will be drawn up by
consultation with all interested parties, the initial base guidelines will be
drawn up by DOJ but input will be expected by all interested parties, the
guidelines will be published and their purpose will be to avoid ambiguity in
the process.
Note:
This
head enables the Garda Commissioner after consultation with the Minister to
draft guidelines or guidance notes on the practical application of firearms
legislation.
Head 50 (Amendment of Section 4 of the
Firearms Act, 1925 - Conditions of grant of firearms certificate)
Provide that:
Section 4 of the Firearms Act, 1925 is amended -
(a) by the insertion of ", the Commissioner, the person
designated by the Commissioner" after "superintendent of the Gárda
Síochána"
(b) in paragraph (c), by the substitution of
"certificate, and" for "certificate.",
(c) by the insertion
of the following paragraph after paragraph (c):
"(d) has provided secure
accommodation for the firearm concerned at the address where it is to be kept,
and
(e) where the firearm is to be
used for target shooting, is a member of an authorised rifle and pistol
club." This will be
changed to Rifle or Pistol Club
This would appear as though it may work in favour of clubs
and associations. Nevertheless as a
matter of principle I fail to see why an individual who would otherwise be
entitled to shoot at game or vermin should not be entitled to engage in target
shooting privately. There would also
seem to be the possibility that sighting in a hunting firearm, or plinking or
occasional target shooting with it would constitute an offence. At the very least the section should be
amended to “…used primarily for target shooting…”. Also, they need to refine their definitions; clay pigeon shooting
is a form of target shooting and presumably ICPSA members will not be
especially pleased to be obliged to join rifle & pistol clubs. On further reading, there may be some move
toward this at the end of Head 51 below.
(c) by the numbering of the section as subsection (1) and
the addition of the following subsections:
"(2) Before granting a firearm certificate to any
person under this Act, the Minister, the Commissioner, the person designated by
the Commissioner or a superintendent of the Gárda Síochána (as the case may
require) may require the applicant to provide, for the purposes of determining
whether the conditions under subsection (1) have been met,
(a) proof of identity, and
(b) proof of competence in the
use of the firearm or ammunition which is the subject of the application, and
Note: What will be appropriate proof of competence, who will provide such
certification and to what standard should it be to?
Presumably this subsection will not apply to the Firearms
Training Certificate? While sympathetic
to the perceived spirit of this provision one would wonder what exactly will be
required of applicants, and possibly be concerned about the competence of the
authorities to implement this efficiently.
It is envisaged that the clubs will be involved in the
provision of competency proof, by way of extending current practice, these will
also be defined and agreed in the guidelines. That will be drawn up and agreed
by way of consultation.
(c) consent for enquiries to be made by the Minister, the
Commissioner, the person designated by the Commissioner or a superintendent of
the Gárda Síochána (as the case may require) with and information to be
received from the applicant's doctor or other medical personnel in relation to
the applicant's medical history, and
This pre-empts the outcome of the Barr Tribunal and should
be removed as the report of the Barr Tribunal has not yet been published.
This is enabling legislation to allow for the
recommendations of the Barr Tribunal to be included in the amendments to the
firearms acts, it was anticipated that the Barr report would have been
published before now. On publishing any guidance will be transposed into
legislation by this sections.
(d) the names and addresses of two referees who may be
contacted to attest to the character of the applicant.
Note: Both c and d are conditions that cannot be applied to
tourist shooters and as such would discriminate against individuals resident in
Ireland for the purpose of applying for a firearms certificate. If they are
transposed into law then it will equally apply to tourist shooters who apply
for a firearms certificate in Ireland. This type of issue was the subject of
extensive review of the firearms legislation in 2000. Both conditions should be
removed.
Provision or the need to provide references has been
objected to strongly by the SSAI, it is possible that an individual may not
want anyone else to know his sport or past time, in addition this provision is
not enforceable for tourist shooters, there was an undertaking to review this
requirement.
(3) In addition to the conditions set under subsection (1) above,
the Minister, the Commissioner, the person designated by the Commissioner or a
superintendent of the Gárda Síochána (as the case may require) may impose, in
relation to the issue of a certificate under this section, such conditions (if
any), to be fulfilled prior to or within a set period after the issue of the
certificate, as he or she considers necessary to prevent danger to the public
and, where a condition is imposed, it shall be specified on the certificate.
Conditions
to be applied in this section are again to be subject to the presumption of
reasonableness and therefore unreasonable conditions may not be applied.
(4) For the purposes of subsection (1)(d) of this section
the Superintendent [of the District] or a member of the Garda Síochána acting
on his or her behalf may inspect the accommodation referred to in that
subsection or require the applicant to provide proof of its existence.
(5) If the Minister, the Commissioner, the person designated
by the Commissioner or a superintendent of the Gárda Síochána (as the case may
require) is not satisfied as to the matters specified in subsections (1), (2)
and (3), he or she shall refuse to issue a firearm certificate to the applicant
under this Act and shall inform the applicant of the refusal and the reason for
it.
(6) The Minister, in consultation with the Commissioner, may
make an order specifying the minimum standards [which apply for the secure and
safe storage of firearms] [to meet the secure accommodation requirements under
subsection 1(d)]. .
(7) Any person who holds a firearm certificate and who is
found to no longer fulfil the conditions under section 4 (1)(d) or section 4(3)
above shall be guilty of an offence.
(7) Where a person is guilty of an offence under subsection
(6) above, he or she shall be liable on summary conviction, in the case of a
first offence, to a fine not exceeding €500 and, in the case of any subsequent
offence, to a fine not exceeding €500 or to imprisonment for a period not
exceeding three months or to both such fine and such imprisonment."
Note:
This
Head sets as a condition for the receipt of a firearm certificate the provision
of secure accommodation for the firearm.
It also
allows the Commissioner or a
Superintendent to require the provision of proof of identity, proof of
competence in the use of the firearm, consent for consultations on his medical
history to be made and the names and addresses of two referees to help process
the application.
It will
further allow Garda Superintendents to set conditions specific to each
certificate.
The
Head will further require the Superintendent (or the Commissioner) to set out
in writing to the applicant the reasons for the refusal of the issue of a
certificate.
Conditions for the grant of a certificate need to be strictly controlled,
by allowing the Commissioner or a Garda Superintendent carte blanch to impose
any conditions they see fit will lead to significant difficulties in the
administration of the firearms licensing procedure, in recent years firearms
license applicants have found it necessary to take in excess of 30 cases to the
high court, based on decisions made by superintendents outside of the current
legislation, cases to date have been, lost conceded or are still in process. In
the main conditions imposed to date have set an unrealistic expectation or in
some cases were un-realisable and were generally set to frustrate the
application process, adding legislative authority without strict regulation is
totally unacceptable to this association and the lawful shooter in general.
To be handled under the guidelines and consultation and agreement will
be necessary.
Head 51 (Amendment of the Firearms Act,
1925 - New section to enable Commissioner to authorise rifle and pistol clubs
and rifle or pistol shooting ranges)
Provide that
The Firearms Act, 1925 is hereby amended by the insertion
after section 4 of the following:
"4A - (1) No rifle or pistol club or owner or
proprietor of a rifle or pistol shooting range shall allow any rifle or pistol
to be stored or used on any of its premises in connection with target shooting,
unless the club or rifle or pistol shooting range is authorised under this
section.
(2) The Commissioner of An Garda Síochána, or a person
designated in that behalf by the Commissioner, may, on application from an
officer of a club who has been nominated for that purpose or the proprietor of
a rifle or pistol shooting range and on payment of the appropriate fee, grant
an authorisation for a rifle or pistol club or, subject to certification by a
Firearms Range Inspector that the rifle or pistol shooting range complies with
the statutory minimum standards, a
rifle or pistol shooting range if he is satisfied that it can operate without
danger to public safety, security or to the peace.
(3) The authorisation shall specify the premises on which
the rifles or pistols may be stored or used and may limit the uses which may be
made of the premises so specified or any part of them.
(4) The Commissioner of An Garda Síochána, or a person
designated in that behalf by the Commissioner, shall (without prejudice to all
other relevant considerations) only grant an authorisation in respect of a club
or a range if he is satisfied that the arrangements for storing and using
rifles and pistols there at the club premises or range are such that their
storage and use will not endanger the public safety or the peace.
(5) The Commissioner may publish such guidance as he
considers appropriate for the purpose of informing persons seeking an
authorisation a licence of criteria that must be met by a club and its premises
or any range to be used by the club before any application for the grant of an
authorisation in respect of that club and those premises or range will be
considered.
(6) The Commissioner of An Garda Síochána, or a person
designated in that behalf by the Commissioner, may, at any time by notice in
writing, attach such conditions as he thinks necessary for securing that the
operation of the club or range and the storage and use of rifles and pistols
and ammunition for same on the premises or range specified in the authorisation
will not endanger public safety, security or the peace.
(7) The Commissioner of An Garda Síochána, or a person
designated in that behalf by the Commissioner, may impose, in relation to the
issue of an authorisation under this section, such conditions (if any), to be
fulfilled prior to or within a set period after the issue of the authorisation,
as he or she considers necessary to prevent danger to the public and, may at
any time if he or she thinks fit, vary the terms and conditions attaching to an
authorisation.
(8) An authorisation shall, unless the Commissioner revokes
it, continue in force for a period of five years from the date on which it is
granted. Two months prior to the expiration
of the authorisation the holder may apply on the prescribed form for a further
grant of the authorisation.
(9) Where it is proposed to grant an authorisation under
this section in respect of a rifle or pistol club or range or other place
referred to in an authorisation [granted] under subsection 5 of section 2, the
authorisation shall be granted to an officer of the club nominated by the club
or to the person in charge of the range or other place as the case may be, and
where there is a contravention of a condition imposed in relation to the grant
of such an authorisation and the contravention is proved to have been committed
with the consent or approval of or to have been facilitated by any neglect on
the part of the person to whom the authorisation is granted, that person shall
be guilty of an offence under this Act.
(10) The Commissioner of An Garda Síochána, or a person
designated in that behalf by the Commissioner, may, if he is not satisfied that
the club or range can operate without danger to public safety, security or to
the peace, or where a Firearms Range Inspector declares that the rifle or
pistol shooting range no longer complies with the minimum statutory
requirements, revoke the authorisation by notice in writing-
(a) to the responsible officer of
the club; or
(b) to the persons, or any of the
persons, for the time being responsible for the management of the club.
(11) Where an authorisation is revoked the Commissioner of
An Garda Síochána, or a person designated in that behalf by the Commissioner,
shall by notice in writing-
(a) to the responsible officer of
the club; or
(b) to the persons, or any of the
persons, for the time being responsible for the management of the club
require the persons so notified to surrender the
authorisation to him forthwith and deliver forthwith into the custody of the
Superintendent for the district in which the club premises are situated any rifles and pistols stored on
the club premises.
Note: No club in Ireland stores firearms on their premises,
it is not envisaged that this practice will ever be employed due to the
security implications of accumulating firearms in one location and the cost of
the implementation of appropriate security arrangements. It is expected that
the reference is to firearms held by the club under Section 2 (4) d, these are
typically held by individuals employing their own security arrangements to
protect the security of the clubs firearms.
This allows for the custody of firearms in the event of
a situation arising whereby firearms are owned/stored by a club.
(12) An applicant for an authorisation under this section
whose application has been refused may, within 30 days of receipt of notice of
any such decision, appeal any such decision to the District Court. In determining the appeal the Judge may -
(a) confirm the refusal, or
(b) allow the appeal, inform the
Commissioner or the person designated for the purpose by the Commissioner (as
the case may require) of his or her decision and direct that the application be
re-considered, or
(c) allow the appeal, inform the
Commissioner or the person designated for the purpose by the Commissioner (as
the case may require) of his or her decision and direct that the application be
granted."
(13) The Minister, in consultation with the Commissioner,
may, by reference to any or all of the following;
(a) security of a rifle or pistol
club premises
(b) membership of a rifle or
pistol club
(c) administration of a rifle or
pistol club
make an order specifying the minimum criteria which a rifle
or pistol club, seeking authorisation under subsection (3), shall comply with.
(14) The Minister, in consultation with the Commissioner,
may, by reference to any or all of the following;
(a) security of a rifle or pistol
range
(b) membership of a rifle or
pistol range
(c) administration of a rifle or
pistol range
(d) design, construction and
maintenance of the rifle or pistol shooting range
(e) types of firearms or
ammunition which may be used on the rifle or pistol range,
(f) level of competence of persons
using rifle or pistol range
make an order specifying the
minimum criteria which a rifle or pistol range, in respect of which an
authorisation is being sought under subsection (3), shall comply with.
Does (12) above confer an effective appeal against unreasonable
criteria being imposed under (13) or (14)?
(15)
Any member of An Garda Síochána authorised in that behalf by the Commissioner,
or a person designated in that behalf by the Commissioner, may on producing his
authority if required to do so - enter any premises occupied or used by a rifle
or pistol club or rifle and pistol shooting range; and inspect the premises and
anything on them, for the purpose of ascertaining whether the conditions of any
authorisation granted under subsection (2) are being complied with.
Note: this power would be open to abuse, and should not be
included, it would not be unreasonable for the appointed range inspector to
have a facility to inspect ranges without prior appointment during the period
of validity of the range authorisation, this would be recommended as he would
be qualified to make the determination with respect to the application of the
range standards, a Garda unless appropriately qualified would not. Must be authorised in writing
by the commissioner.
(16) The Commissioner shall cause a register of authorised
rifle and pistol clubs and rifle and pistol shooting ranges to be established
and kept.
(17) Any person who operates, or participates in the
activities of, a rifle or pistol club or rifle or pistol shooting range for
which an authorisation is not in force; or contravenes any condition of an
authorisation, shall be guilty of an offence.
Needs to be
provision for existing ranges to continue to operate after the passing of the
legislation while awaiting inspection and authorisation.
(18) In proceedings against any person for an offence under
this section it shall be a defence for him to prove that he took all reasonable
precautions and exercised all due diligence to avoid the commission of the
offence.
(19) Any person who intentionally obstructs any member of An
Garda Síochána in the exercise of his powers under this subsection (13) shall
be guilty of an offence.
(20) Where a person is guilty of an offence under this
section he or she shall be liable, on summary conviction to a fine not
exceeding €1,500 or to imprisonment for a period not exceeding six months or to
both such fine and such imprisonment, and,on conviction on indictment, to a
fine not exceeding €3,000 or to imprisonment for a period not exceeding seven
years or to both such fine and such imprisonment.
(21) In this Section
"authorisation" means an authorisation granted
under subsection (2) above in respect of a rifle or pistol club or range and
any premises of that club or range; and
"authorised rifle or pistol club or range" shall
be construed accordingly.
"firearms range inspector" shall have the meaning
assigned to it by section 4B of the Principal Act, as inserted by section LL
[HEAD 52] of this Act;
"premises", in relation to an authorised rifle or
pistol club, means any premises or range which are specified in the club's
authorisation as being any premises or range which may be used for the purpose
of storing or using rifles or pistols.
"responsible officer" in relation to an authorised
rifle or pistol club or range means the officer to whom the authorisation was
granted or who has since become the responsible officer by virtue of a
variation of the terms of the licence;
"rifle or pistol club" means a club established
for the purpose of promoting and practising skill in the use of rifles and
pistols for target shooting."
(22) This section shall come into
operation on the day appointed by order of the Minister. Note this is enabling
legislation and a lot needs to be put in place before it comes into effect, by
the way the Gardai are currently behaving one would have though that it was
already law!
Note:
This head inserts a new section 4A into the Firearms Act 1925 which
provides for the "authorisation" by the Gárda Commissioner of "Rifle
and Pistol Clubs" and "Rifle and Pistol Shooting Ranges". A Rifle and Pistol Club is defined as
"a club established for the purpose of promoting and practising skill in
the use of rifles and pistols for target shooting" and it is only such
clubs which will require "authorisation" under the Act.
There would be concern that together the above and the
existing legislation still do not deal sufficiently clearly, if at all, with
the provision of authorising club firearms to different officers, including coaches
etc., of the club.
Head 52 (Amendment to Firearms Act, 1925 -
New Section - Appointment of Firearms Range Inspector)
Provide that
The Firearms Act, 1925 is hereby amended by the insertion
after section 4A, inserted by section KK [HEAD 51] of this Act, of the
following;
"4B (1) The Minister may by Order, appoint such and so
many persons as he thinks fit to be
Firearms Range Inspectors for the purposes of inspecting rifle or pistol
shooting ranges and may revoke any such appointment.
(2) It shall be the duty of a Firearms Range Inspector to;
(a) inspect all rifle and pistol
shooting ranges for the purpose of ensuring their compliance with minimum
standards provided for by regulation under section 4A (14) as inserted by
section KK [HEAD 51] of this Act;
(b) examine all applications for
authorisation for rifle and pistol shooting ranges for the purpose of ensuring
their compliance with minimum standards provided for by regulation under
section 4A (14) as inserted by section KK [HEAD 51] of this Act.
(3) Where following inspection of a rifle or pistol shooting
range, the inspector;
(a) is satisfied that the range
complies with the minimum standards provided for by regulation under section 4A
(14) as inserted by section KK [HEAD 51] of this Act, he may issue a firearms
range certificate;
(b) is not satisfied that the
range complies with the minimum standards provided for by regulation under
section 4A (14) as inserted by section KK [HEAD 51] of this Act, he may refuse to issue a certificate or revoke any
existing certificate.
(4) An inspector may, for the purposes of carrying out an
inspection, at any time enter any premises or place if he or she has reasonable
grounds for suspecting that it is used for rifle or pistol target shooting.
(5) The Minister shall issue to every inspector appointed by
it under this section a warrant of appointment and, when exercising a power
conferred on an inspector by or under this Act, the inspector shall, on being
so requested by a person affected, produce the warrant or a copy of it duly
authenticated by the appointing authority, to that person.
(6) The Minister may, by Order, add to, delete from or amend
previous Orders made under this section."
Note:
This
Head inserts a new section 4B into the 1925 Act and provides for the creation
of a Firearms Range Inspector. Under
the head the Minister may appoint such and so many persons as he thinks fit to
be Firearms Range Inspectors for the purposes of inspecting rifle or pistol shooting
ranges. The function of the Inspector
is to inspect target shooting ranges for the purpose of ensuring that they
comply with minimum statutory requirements.
Head 53 (Amendment of Section 5 of the
Firearms Act, 1925 -Revocation of firearms certificate)
Provide that:
Section 5 of the Firearms Act, 1925 is hereby amended by
(i) the numbering of the section as subsection (1), and
(ii) by the insertion after point (d) of the following:
"(e) has failed to fulfil or
no longer fulfils the condition under section 4 (1)(d) or section 4(3), as
inserted by section FF [HEAD 50] of this Act.
(f) has allowed the firearm for
which he or she holds the certificate to be in the possession of a person under
the age of sixteen years in circumstances other than those set out in section
AA (1) of this Act [Head 46]
and the reasons for any such revocation under this section
shall be set out in writing by the Minister, the Commissioner, the person
designated by the Commissioner or a superintendent of the Gárda Síochána (as
the case may require) to the holder of the firearm certificate.
(2)
Where a firearm certificate has been revoked under this section or where a
firearm certificate has expired, the Minister, the Commissioner, the person
designated by the Commissioner or a superintendent of the Gárda Síochána (as
the case may require) may, in writing,
order the surrender, to the custody of the Superintendent of the District or a
member of the Garda Síochána acting on his behalf, of the firearm, ammunition
or both which is or are the subject of the revoked or expired
certificate."
Note: Provision must be included to permit the owner of the
said firearms and ammunition an opportunity to deposit the firearm with a
registered firearms dealer for sale. In addition we would have concerns about
public safety with respect to firearms being deposited at the district office
wherein there may not exist the level of competency to handle the said firearm
safely.
Note:
This
Head provides for the revocation by a Superintendent of a firearm certificate.
Head 54 (Amendment of Section 8 of the
Firearms Act, 1925 - Persons disentitled to hold firearms certificates
extended)
Provide that:
Section 8(1) of the Firearms Act, 1925 is hereby amended by
the insertion after sub-paragraph (g) of the following:
"(h) any person who has been found guilty by any Court
in the State within five years previously of an offence under section 3A of
this Act.
(i) any person who has been found
guilty by any Court in the State within five years previously of an offence
under section 4(6) of this Act."
Note:
This
Head extends the categories of persons disentitles to hold a firearms
certificate to include persons found guilty, within five years preceding the
application, of
(i)
supplying false information or forging documentation in support of an
application for a firearm certificate, or
(ii)
breaching conditions attached to a certificate.
Head 55 (Amendment to Section 9 of the
Firearms Act, 1925 - Premises of registered firearms dealers)
Provide that
Section 9 of the Firearms Act, 1925 is hereby amended by;
(i) the insertion in subsection (4) of the following
"three years" after "for" and before "and" and
again by the insertion of "three years" after "for" and
before "and"
(ii) the insertion after subsection (7) of the following subsections
"(8) The Minister, in
consultation with the Commissioner, may, by reference to any or all of the
following;
(a) security of the premises in
which the registered dealer proposes to carry on his business,
(b) the safety of the premises
for the purpose of the manufacture repair, testing, proving, or sale of
firearms or ammunition
(c) standard of construction of
the premises to be used for the manufacture repair, testing, proving, or sale
of firearms or ammunition
make an order specifying the minimum criteria which shall
make a premises suitable for registration in accordance with section 9(3) of
the Act.
(9) Every application for renewal must satisfy the Minister
that the security and construction of the premise is in accordance with any
order made under subsection (8) of this Act.
[(10) the Minister, in consultation with the Minister for
Finance may, by Order, set fees for firearms dealers' certificates.]
(11) the Minister may, by Order, add to, delete from or
amend previous Orders made under this section."
(12) The following persons are hereby declared to be
disentitled to be registered in the register of firearms dealers, that is to
say:-
(a) any person under the age of
eighteen years, and
(b) any person of unsound mind,
and
(c) any person who has been
sentenced by any court in Saorstát Éireann for any crime to imprisonment for
any term of not less that three months which has not expired or has expired
within five years previously, and
(d) any person who has been
sentenced by any court in Saorstát Éireann to imprisonment for an offence under
the Firearms Acts, 1925 to 2005, the Offences Against the State Act, 1939 as
amended, and the Criminal Justice (Terrorist Offences) Act, 2005, and
(e) any person who is subject to
the supervision of the police, and
(f) any person who is bound by a
recognizance to keep the peace or be of good behaviour, a condition of which is
that such person shall not have in his possession, or use, or carry any firearm
or ammunition.
Note:
This
head amends section 9 in a number of ways - first it provides that firearms
dealers be required to register every three years, secondly it provides that
the Minister may by order specify minimum standards of security, safety and
standard of construction of premises to be used by dealers for the manufacture,
repair, testing, proving, or sale of firearms or ammunition. Finally it provides that persons with
certain criminal offences may not become Registered Firearms Dealers.
Head 56 (Amendment to Section 11 of the
Firearms Act, 1925 - Firearms dealers to surrender their records)
Provide that;
Section 11 of the Firearms Act, 1925 is hereby amended by
the deletion in subsection (3) of: "and shall on summary conviction
thereof be liable to a fine not exceeding five pounds and a further fine not
exceeding two pounds for everyday during which the offence continues".
and the insertion after subsection 3 of;
"(4) Upon the removal under this section from the
register of firearms dealers of the name of any person registered therein, such
person shall forthwith deliver up to the Minister [a copy of] any records of
transactions kept by him under section 12 of the [Firearms Act 1925] and if he
fails to do so shall be guilty of an offence under this section.
(5) A person who commits an offence under this section
shall, on summary conviction thereof, be liable to a fine not exceeding one
thousand euro and a further fine not exceeding one hundred euro for every day
during which the offence continues."
Note:
This
head provides that on a firearms dealer being removed from the firearms dealers
register he/she must surrender all of their records to the Minister. Failure to do so is an offence.
Head 57 (Amendment of Section 12 of the
Firearms Act, 1925 - Firearms dealers - increased penalties)
Provide that
Section 12 of the Firearms Act, 1925 is hereby amended by;
(i) the insertion in subsection (4) of &q
