Criminal Justice Bill 2004

Sparks

But individual superintendents are already starting to look for some of the stuff contained in it now. Which is a bit cheeky, but mostly can be swept under the mat provided by the "public safety" clause of section 4...

Riggser

Sparks wrote:

But individual superintendents are already starting to look for some of the stuff contained in it now.

Nothing new there. If they read something on the back of a cornflakes box that gave them an idea they'd use that too.

KerryShooter

I already own 2 shotguns for hunting but i would like to get a .223 rifle for target shooting and maybe a handgun too, are handguns available, if so are calibre's restricted, as wouldnt mind a .40

Rovi

KerryShooter wrote:

I already own 2 shotguns for hunting but i would like to get a .223 rifle for target shooting and maybe a handgun too, are handguns available, if so are calibre's restricted, as wouldnt mind a .40

Not really the right thread (perhaps a kindly Mod might move it?), but as far as I know, there are no (legislative) restrictions on handgun calibres.
I don't know if anyone's tried to licence any of the so called 'concealable' calibres (.25ACP, .32ACP), or any of the bigger stuff (.44 Magnum, .454 Casull, .50 AE, etc), but here are plenty of handguns in .22LR, .38 Special/.357 Magnum, 9mm Luger, .40 S&W, .45 Automatic, etc, out there.

.

KerryShooter

sorry for the hijack, still finding my way around
cheers for the reply, gonna check out import restrictions

Clare gunner

No calibre restrictions ,yet.Just the" Convince Your Super"restriction.
Convince him that you have a VERY good reason for a 44mag and thy liscense shalt be granted.Hmm on that thought some of the big calibres in handguns nowadays outgun [pardon the pun] the deer hunting requirements in velocity and energy of the Wildlife act 1976.Wonder would handgun hunting become a pouplar sport over here.?INMHO that would be good reasonfor a big cal.OK enough hijack of thread.Returning to normal service.:D

Sparks

Back on topic, Jim O'Keefe (FG) was on Morning Ireland this morning and mentioned that he'd received the amendments to the CJB yesterday. Since he's on the Committee, I'd hazard a guess that that means that the final form of the amendments has been submitted. No sign of them on websites yet though...

Sparks

From the Committee's secretary:

The Ministers amendments have been submitted to our Bills Office but unfortunately there wont be a published copy of them until Wednesday or Thursday next week (because of the amount and complexity of the amendments involved). They'll go up on our website.

jaycee

"Tap" "Tap" .."Tappity" .."Tap" ..

Sits nervously drumming fingers of one hand on table.. while chewing nails on the other...

Rew

Final form of it wont mean much to us its how they use it once its law thats really gonna be interesting....

Sparks

True enough Rew, but the final form of the amendments as submitted by the Minister will show how much he's actually listening to us, as opposed to the smile-and-nod routine.

(Which will hint at how we can expect the new Act to be enforced)

Sparks

The CJB goes before Committee soon. The official Dail motion on this is due in the Dail today for 1636. From today's Dail Order Paper:

10. Criminal Justice Bill 2004 — Motion to Instruct the Committee.
That, notwithstanding anything in Standing Orders, it be an Instruction to the Select Committee on Justice, Equality, Defence and Women’s Rights that it has power to make provision in the Criminal Justice Bill 2004 in relation to:
— the Firearms Acts 1925 to 2000 including increasing fines and penalties generally for firearm offences, creating mandatory minimum sentences for certain offences, introduction of a gun amnesty and amendments governing the grant of firearm certificates;
— the Explosives Act 1875 to provide for new offences relating to fireworks and increased penalties;

(There's more, but none of it relates directly to shooting). This motion may see some debate; it's scheduled to continue tomorrow as well. The Committee, in the meantime, is hearing it's last submissions on the bill. The earliest it can start actual work on it will be next week.

Sparks

The time allowed for debating this motion has been extended, they're sitting tonight past 2030 to no later than 2230. And the initial statements from FG and Labour indicate that they're distinctly unhappy at the fact that there is six times as much text in the amendments as in the original bill.

Sparks

Debate on this is starting now, in case anyone is watching on the net from Dail Eireann or from Ireland Live Television

FLAG

Hi Folks

Here they are, the amendments as posted on the government web site today.

Having passed on now to committee stage, they will come back for approval to the house, please note that most of the amendments are enabling legislation and will need to be activated by the Minister for Justice, it does not mean that they will be effective immediately.

Significant amount of work needs to be put in place before they can be applied.

In early January we met with DOJ and all recommended amendments were taken on board and are included in the currently published document.

Sorry folks, upload limit for the file is greater than allowed by the site.

The document is publised on the Oireactas front page and it is the 2nd document down.

URL.

http://www.oireachtas.ie/viewdoc.asp?DocID=5239

Regards
Declan Keogh
Terry Martin
FLAG

Rovi

Thanks for the 'heads up' FLAG, that'll make some nice bedtime reading.

.

Sparks

The URLs for the amendments changed in the last while:

First part
Second part
Third part
Fourth part
Fifth part
Sixth part
Seventh part

The relevant bits are in the second and fourth links (for some reason, the document parts seem to be in the wrong order).

Sparks

A quick cut-n-paste of the amended bill:

“PART 51
AMENDMENT OF FIREARMS ACTS
24.—In this Part “Principal Act” means the Firearms Act 1925.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
In page 25, before section 24, but in Part 4, to insert the following new section:
25.—Section 1 of the Principal Act is amended—
(a) by the insertion of the following definitions in subsection (1):
“the word “ammunition” includes restricted ammunition, unless the
context otherwise requires;
the word “Commissioner” means the Commissioner of the Garda
Síochána or a member of the Garda Síochána, or members of a particular
rank in the Garda Síochána, not below the rank of superintendent
appointed in writing by the Commissioner for the purpose of performing
any of the Commissioner’s functions under this Act;
the word “firearm” includes a restricted firearm, unless otherwise
provided or the context otherwise requires;
the expression “firearms training certificate” has the meaning given to it
by section 2A of this Act;
the expression “issuing person”, in relation to the grant or renewal of a
firearm certificate, authorisation or licence, means, as the case may be,
the Minister, the Commissioner or the superintendent of the Garda
Síochána of the district where an applicant for or holder of the firearm
certificate, authorisation or licence is residing;
the word “place” includes premises and a dwelling;
the expression “muzzle energy”, in relation to a firearm, means the
energy of a projectile discharged by it, measured at its muzzle in joules;
the expression “restricted ammunition” means ammunition which is
declared under section 2B(b) of this Act to be restricted ammunition;
the expression “restricted firearm” means a firearm which is declared
under section 2B(a) of this Act to be a restricted firearm;
the expression “working mechanism”, in relation to a firearm, includes
the mechanism for loading, cocking and discharging it and ejecting spent
ammunition;”,
and
(b) by the substitution of the following definitions for the definitions of
“firearm certificate” and “the Minister”:
“the expression “firearm certificate” means a firearm certificate granted
under this Act and, unless the context otherwise requires, includes a
restricted firearm certificate, a firearms training certificate and a firearm
certificate granted under the Firearms (Firearm Certificates for Non-
Residents) Act 2000;”;
the expression “the Minister” means the Minister for Justice, Equality
and Law Reform.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
1[The proposed new Part comprehends the inclusion of later amendments.]
In page 25, before section 24, but in Part 4, to insert the following new section:
26.—Section 2 of the Principal Act is amended—
(a) by the substitution of the following subsection for subsection (2A):
“(2A) A person who is guilty of an offence under this section is liable
—
(a) in case the firearm is a restricted firearm or the ammunition is
restricted ammunition—
(i) on summary conviction, to a fine not exceeding €5,000 or
imprisonment for a term not exceeding 12 months or both,
and
(ii) on conviction on indictment, to a fine not exceeding
€20,000 or imprisonment for a term not exceeding 7 years
or both, and
(b) in any other case—
(i) on summary conviction, to a fine not exceeding €2,500 or
imprisonment for a term not exceeding 12 months or both,
and
(ii) on conviction on indictment, to a fine not exceeding
€10,000 or imprisonment for a term not exceeding 5 years
or both.”,
(b) by the deletion of subsection (2B),
(c) in subsection (4)—
(i) by the deletion, in paragraph (c), of “this Act” and the insertion of “the
Firearms Act 1964”,
(ii) by the substitution of the following paragraph for paragraph (d):
“(d) the possession, use or carriage of a firearm or ammunition
during a competition or target practice at a club or shooting
range that stands authorised under this section or section
4A of this Act”,
and
(iii) by the substitution of the following paragraphs for paragraph (j):
“(j) the possession or carriage of a firearm or ammunition by a
person, or the employee of a person, authorised under
section 10(4A) of this Act,
(k) the possession, use or carriage of a firearm or ammunition
for the purpose of bird control at an airport by an employee
or agent of the airport authority who stands authorised in
that behalf under this section.”,
(d) in subsection (5)(a), by the deletion of “or (h)” and the insertion of “, (h)
or (j)”,
(e) in subsection (5)(c), by the deletion of “rifle or other gun”, and
(f) by the addition of the following subsection:
“(6) In subsections (3)(g) and (4) (other than paragraphs (d), (i) and
(k)), references to a firearm or ammunition do not include references to a
restricted firearm or restricted ammunition.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
In page 25, before section 24, but in Part 4, to insert the following new section:
27.—The following section is inserted after section 2 of the Principal Act:
2A.—(1) The Commissioner, on application and payment of the
prescribed fee (if any), may issue to a person over 14 years of age
a certificate (in this Act referred to as a “firearms training
certificate”) authorising the person to possess a firearm and
ammunition (except a restricted firearm and restricted
ammunition) only while—
(a) carrying and using the firearm for hunting or target
shooting—
(i) under the supervision of a specified person over 18
years of age who holds a firearm certificate in
respect of it, and
(ii) where the firearm is used for target shooting, on the
premises of an authorised rifle or pistol club or at an
authorised shooting range,
and
(b) complying with such other conditions (if any) as the
Commissioner may impose in the interests of public
safety and security.
(2) Where the applicant is under 16 years of age, the application
for a firearms training certificate shall be accompanied by the
written consent of the applicant’s parent or guardian.
(3) The firearms training certificate shall be in the prescribed
form.
(4) Where such an application is refused, the Minister shall
inform the applicant in writing and give the reasons for the
refusal.
(5) A firearms training certificate shall continue in force for a
period of 3 years from the date on which it was granted, unless
revoked.
(6) The Commissioner may revoke a firearms training certificate
if of opinion that the holder is not complying, or has not complied,
with the conditions subject to which the certificate was granted.
(7) A holder of a firearms training certificate who, without
reasonable excuse, does not comply with the conditions subject to
which the certificate was granted is guilty of an offence and liable
on summary conviction—
(a) for a first offence, to a fine not exceeding €500, and
(b) for any subsequent offence, to a fine not exceeding
€1,000.
(8) It is an offence under this Act for the holder of a firearm
certificate in respect of the firearm to which the firearms training
certificate relates to permit, without reasonable excuse, the holder
of that certificate to carry or use the firearm while not under his or
her supervision.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.

Sparks

Cont'd:

In page 25, before section 24, but in Part 4, to insert the following new section:
28.—The following section is inserted after section 2A of the Principal Act:
2B.—The Minister may, in the interests of public safety and
security, by order—
(a) declare specified firearms to be restricted 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 restricted
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.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
In page 25, before section 24, but in Part 4 to insert the following new section:
29.—The following section is substituted for section 3 of the Principal Act:
3.—(1) Application for a firearm certificate (other than a
restricted firearm certificate) shall be made to the superintendent
of the Garda Síochána of the district in which the applicant
resides.
(2) Application for a restricted firearm certificate shall be made
to the Commissioner.
(3) The application shall be in the prescribed form and be
accompanied by—
(a) the prescribed fee (if any), and
(b) if the applicant intends to use the firearm to hunt and kill
exempted wild mammals within the meaning of the
Wildlife Act 1976 (other than hares), a current licence
to do so under section 29(1) of that Act.
(4) The applicant shall supply in writing any further information
that the superintendent or the Commissioner may require in the
performance of his or her functions under this section.
(5) A firearm certificate shall be in the prescribed form and,
subject to subsection (6) of this section, shall authorise the person
to whom it is granted—
(a) to possess, use and carry the firearm specified in the
certificate,
(b) to purchase ammunition for use in the firearm, and
(c) at any one time to possess or carry not more than the
amount of ammunition specified in the certificate.
(6) Where the firearm is a shot-gun, the firearm certificate may,
subject to subsection (11) of this section, authorise it to be used
only for killing animals or birds other than protected wild animals
or protected wild birds within the meaning of the Wildlife Act
1976 by the holder of the certificate either (as may be expressed in
the certificate)—
(a) on land occupied by the holder, or
(b) on land occupied by another person.
(7) A firearm certificate which is in force shall continue in force
for a period of 3 years from the date on which it was granted,
unless revoked, and for any further such period for which it may
be renewed.
(8) The holder of a firearm certificate may apply for renewal of
the certificate within one month before it ceases to be in force.
(9) A decision on an application for a firearm certificate or its
renewal shall be given within 3 months from the date on which
the applicant submitted a completed application form.
(10) Where the application is refused, the applicant shall be
informed in writing of the refusal and the reason for it.
(11) The following provisions have effect in relation to a
certificate in the form referred to in subsection (6) of this section
(in this subsection referred to as a “limited certificate”):
(a) a limited certificate relating to land occupied by a person
other than the applicant for the certificate shall not be
granted unless the occupier of the land has given the
applicant a nomination in writing for holding the
certificate;
(b) a limited certificate relating to any land shall not be
granted in respect of any period if there is a limited
certificate relating to the land already in force in
respect of that period;
(c) a limited certificate shall not be granted unless the whole
of the land to which it would relate is occupied by one
person;
(d) where a nomination referred to in paragraph (a) of this
subsection is revoked, the limited certificate to which it
related, if then in force, shall not be capable of being
renewed.
(12) A firearm in respect of which a firearm certificate is
granted shall be marked in the prescribed manner with a number
or other prescribed identifying mark, and the number or mark
shall be entered on the certificate.
(13) A person who—
(a) knowingly gives false or misleading information to an
issuing person in relation to an application for a firearm
certificate or for its renewal,
(b) forges a document purporting to be a firearm certificate
or uses or knowingly possesses it, or
(c) with intent to deceive, uses or alters a firearm certificate
or uses a firearm certificate so altered,
is guilty of an offence and liable—
(i) on summary conviction, to a fine not exceeding €2,500
or imprisonment for a term not exceeding 6 months or
both, or
(ii) on conviction on indictment, to a fine not exceeding
€20,000 or imprisonment for a term not exceeding 5
years or both.
(14) Subsection (13) of this section is without prejudice to Part
4 of the Criminal Justice (Theft and Fraud Offences) Act 2001.
(15) Section 12 (limited use of shot-gun) of the Firearms Act
1964 is repealed.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.

Sparks

Cont'd:

In page 25, before section 24, but in Part 4, to insert the following new section:
30.—The following section is inserted after section 3 of the Principal Act:
3A.—(1) The Commissioner may, with the consent of the
Minister, from time to time issue guidelines in relation to the
practical application and operation of any provision of the
Firearms Acts 1925 to 2004.
(2) In particular, the Commissioner may issue such guidelines in
relation to applications for firearm certificates and authorisations
under this Act and to the conditions which may be attached to
those certificates and authorisations.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
In page 25, before section 24, but in Part 4, to insert the following new section:
31.—The following section is substituted for section 4 of the Principal Act:
4.—(1) An issuing person shall not grant a firearm certificate
unless he or she is satisfied that the applicant complies with the
conditions referred to in subsection (2) and will continue to
comply with them during the currency of the certificate.
(2) The conditions subject to which a firearm certificate may be
granted are that, in the opinion of the issuing person, the applicant
—
(a) has a good reason for requiring the firearm in respect of
which the certificate is applied for,
(b) can be permitted to possess, use and carry the firearm
and ammunition without danger to the public safety or
security or the peace,
(c) is not a person declared by this Act to be disentitled to
hold a firearm certificate,
(d) has provided secure accommodation for the firearm and
ammunition at the place where it is to be kept,
(e) where the firearm is to be used for target shooting, is a
member of an authorised rifle or pistol club,
(f) has complied with subsection (3),
(g) complies with such other conditions (if any) specified in
the firearm certificate, including any such conditions to
be complied with before a specified date as the issuing
person considers necessary in the interests of public
safety or security, and
(h) in case the application is for a restricted firearm
certificate—
(i) has a good and sufficient reason for requiring such a
firearm, and
(ii) has demonstrated that the firearm is the only type of
weapon that is appropriate for the purpose for
which it is required.
(3) An applicant for a firearm certificate shall supply to the
issuing person the information requested in the application form
and such further information as the issuing person may require in
the performance of the person’s functions under this Act,
including, in particular—
(a) proof of identity,
(b) proof of competence in the use of the firearm concerned,
(c) written consent for any enquiries in relation to the
applicant’s medical history that may be made from a
health professional by or on behalf of the issuing
person, and
(d) names and addresses of two referees who may be
contacted to attest to the applicant’s character.
(4) A member of the Garda Síochána may inspect the
accommodation for a firearm provided by an applicant for a
firearm certificate or require the applicant to provide proof of its
existence.
(5) The Minister, in consultation with the Commissioner, may
by regulations provide for minimum standards to be complied
with by holders of firearm certificates in relation to the provision
of secure accommodation for their firearms.
(6) In this section “health professional” means a person who is a
doctor, psychiatrist, dentist, optician, chemist or nurse and
registered under any enactments governing the profession
concerned or a clinical psychologist.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
In page 25, before section 24, but in Part 4, to insert the following new section:
32.—The following section is inserted after section 4 of the Principal Act:
4A.—(1) A rifle or pistol club or the owner or operator of a rifle
or pistol shooting range shall not allow any firearm or ammunition
to be used or stored on the premises of or at the club or shooting
range in connection with target shooting unless an authorisation
under this section to do so is in force.
(2) An application for such an authorisation shall be made to the
Commissioner in the prescribed form by an officer of the club
authorised in that behalf or by the owner or operator of the
shooting range.
(3) The application shall be accompanied by—
(a) the prescribed fee, and
(b) in the case of a shooting range, a firearms range
certificate which is in force.
(4) The application form shall contain a copy of any regulations
under subsection (13) or of the material part of them.
(5) The applicant shall supply in writing any further information
that the Commissioner may need in the performance of his or her
functions under this Act.
(6) The Commissioner shall grant an authorisation to the
applicant for the use and storage of rifles, pistols and ammunition
on the premises of the club or shooting range concerned, or on a
specified part of those premises, for the purpose of target shooting
only if satisfied—
(a) that their use or storage will not endanger public safety
or security or the peace,
(b) that the club or shooting range is responsibly managed,
and
(c) in the case of a shooting range, that a firearms range
certificate in respect of it is in force.
(7) A decision on the application shall be given within 3 months
from the date on which a completed application form was
submitted.
(8) The Commissioner may at any time by notice in writing—
(a) attach to the authorisation such conditions as he or she
thinks necessary for the purpose of securing that the
operation of the club or shooting range and the use and
storage of rifles, pistols and ammunition on the
premises of or at the club or range concerned does not
endanger public safety or security or the peace,
(b) at any time for that purpose vary any of those conditions,
and
(c) require that some or all of them be complied with before
a specified date.
(9) An authorisation which is in force shall continue in force for
a period of 5 years from the date on which it was granted, unless
revoked, and for any further such period or periods for which it
may be renewed.
(10) A renewal of an authorisation may be applied for within 3
months before the authorisation ceases to be in force.
(11) The Commissioner may, if no longer satisfied in relation to
any of the matters mentioned in paragraphs (a) to (c) of
subsection (6), revoke the authorisation of the club or shooting
range concerned by notice in writing addressed to the applicant or
the person or persons for the time being responsible for its
management.
(12) On receipt of such a notice the person or persons so
notified shall forthwith surrender to the superintendent of the
district in which the club or range is situated the authorisation and
any rifles, pistols or ammunition stored on its premises.
(13) The Minister, in consultation with the Commissioner, may
by regulations specify minimum standards to be complied with by
a rifle or pistol club or shooting range before an authorisation
under this section may be granted in respect of it.
(14) The minimum standards shall be determined—
(a) in the case of a club, by reference to any or all of the
following matters:
(i) security of its premises;
(ii) membership;
(iii) management,
(b) in the case of a shooting range, by reference to any or all
of the following matters:
(i) security of the range;
(ii) membership;
(iii) management;
(iv) design, construction and maintenance;
(v) types of firearms and ammunition to be used;
(vi) level of competence of persons using the range.
(15) For the purpose of ascertaining whether conditions attached
to an authorisation under this section are being complied with, a
member of the Garda Síochána authorised in that behalf may, on
production if required of the authorisation or a copy of it, enter
any premises occupied or used by the club or shooting range
concerned and inspect the premises and anything in them.
(16) Any person who by act or omission impedes or obstructs a
member of the Garda Síochána in the exercise of the member’s
functions under subsection (15) of this section is guilty of an
offence and liable on summary conviction to a fine of €1,000 and
imprisonment for a term of 3 months or both.
(17) The Commissioner shall cause a register of clubs and
shooting ranges for the time being authorised under this section to
be established and maintained.
(18) It is an offence—
(a) for a club or the owner or operator of a shooting range—
(i) to contravene subsection (1) of this section, or
(ii) without reasonable excuse, not to comply with any
conditions attached to an authorisation under this
section,
(b) for a person not to comply with subsection (12) of this
section, or
(c) for a person, without reasonable excuse, to participate in
the activities of such a club or shooting range for which
an authorisation under this section is not in force.
(19) In proceedings against a person for an offence under
subsection (18)(a)(i) of this section it is a defence to prove that the
defendant took reasonable precautions and exercised due
diligence to avoid committing the offence.
(20) A person guilty of an offence under this section is liable—
(a) on summary conviction, to a fine not exceeding €2,500
or imprisonment for a term not exceeding 6 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.
(21) In this section—
“firearms range certificate” means a certificate issued under
section 4B(3)(a) of this Act;
“rifle or pistol club” means a club established for the purpose of
promoting skill in the use of rifles and pistols for target shooting;
“shooting range” does not include a range or shooting gallery
referred to in section 2(4)(e) of this Act.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.

scout

Where the application is refused, the applicant shall be
informed in writing of the refusal and the reason for it.

nice....


declare specified ammunition to be restricted
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.”.”.

can this be explained please

Sparks

Cont'd:

33.—The following section is inserted in the Principal Act after section 4:
4B.—(1) The Minister may by warrant appoint such and so
many persons as he or she thinks necessary to be firearms range
inspectors and may revoke any such appointment.
(2) It shall be the duty of a firearms range inspector—
(a) to examine applications for the authorisation of rifle and
pistol shooting ranges, and
(b) to inspect rifle and pistol shooting ranges for the purpose
of ensuring their compliance with the minimum
standards provided for in regulations under section 4A
(13) of this Act.
(3) After inspecting a rifle or pistol shooting range, an inspector
may—
(a) if satisfied that the range complies with those minimum
standards, issue a firearms range certificate in respect
of it, and
(b) if not so satisfied, refuse to issue such a certificate or
revoke any such certificate that is in force.
(4) An inspector who suspects, with reasonable cause, that any
place is being used for rifle or pistol target shooting may enter and
inspect it.
(5) The Minister shall issue to each inspector the warrant of
appointment, or a copy of it, for production, on request, when an
inspector is exercising any power conferred by this section.
(6) The terms and conditions of appointment of firearms range
inspectors shall be determined by the Minister, with the consent of
the Minister for Finance.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
In page 25, before section 24, but in Part 4, to insert the following new section:
34.—The following section is substituted for section 5 of the Principal Act:
5.—(1) An issuing person may at any time revoke a firearm
certificate granted by the person if satisfied that the holder of the
certificate—
(a) has not a good reason for requiring the firearm to which
the certificate relates,
(b) is a person who cannot, without danger to the public
safety or security or the peace, be permitted to possess
a firearm,
(c) is a person who is declared by this Act to be disentitled
to hold a firearm certificate,
(d) where the firearm certificate limits the purposes for
which the firearm to which it relates may be used, is
using the firearm for purposes not authorised by the
certificate,
(e) has not complied with a condition attached to the grant
of the certificate, or
(f) where the firearm is authorised to be carried or used by a
holder of a firearms training certificate, has, without
reasonable excuse, permitted the holder of that
certificate to carry or use the firearm while not under
his or her supervision.
(2) The reason for revoking a firearm certificate shall be
communicated in writing by the issuing person to the holder of the
certificate.
(3) Where a firearm certificate is revoked or otherwise ceases to
be in force, the issuing person may direct in writing that the
holder surrender the firearm or ammunition concerned or both to
the custody of the superintendent of the district where the holder
resides or to a member of the Garda Síochána acting on the
superintendent’s behalf.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
In page 25, before section 24, but in Part 4, to insert the following new section:
35.—Section 6 of the Principal Act is amended—
(a) by the deletion of “When a Superintendent revokes a firearm certificate”
and the insertion of “When a firearm certificate is revoked”, and
(b) in paragraph (a), by the insertion of “of the district in which the person
resides” after “Superintendent”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
In page 25, before section 24, but in Part 4, to insert the following new section:
36.—Section 8 of the Principal Act is amended in subsection (1) by the deletion
of paragraphs (d) and (e) and the insertion of the following paragraph:
“(d) any person who has been sentenced to imprisonment for—
(i) an offence under the Firearms Acts 1925 to 2004, the Offences
Against the State Acts 1939 to 1998 or the Criminal Justice
(Terrorist Offences) Act 2005, or
(ii) an offence under the law of another state involving the
production or use of a firearm,
and the sentence has not expired or it expired within the previous
5 years, and”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
In page 25, before section 24, but in Part 4, to insert the following new section:
37.—Section 9 of the Principal Act is amended—
(a) by the substitution of the following subsection for subsection (4):
“(4) The registration of a person in the register of firearms dealers 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.”,
and
(b) by the insertion of the following subsections after subsection (9):
“(10) The Minister, after consultation with the Commissioner, may by
regulations specify minimum standards to be complied with in relation to
premises in which a firearms dealer carries on business or proposes to do
so.
(11) The minimum standards shall be determined by reference to—
(a) the security of the premises,
(b) their safety, and
(c) their standard of construction,
and having regard to their use for, as the case may be, the manufacture,
repair, testing, proving or sale of firearms or ammunition.
(12) Applicants for renewal of registration shall satisfy the Minister
that their premises comply with the minimum standards specified in any
regulations under subsection (10) of this section.
(13) Without prejudice to subsection (3) of this section, the following
persons are declared to be disentitled to be registered in the register of
firearms dealers:
(a) a person under the age of 18 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 2004, 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.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.

Sparks

scout wrote:

Where the application is refused, the applicant shall be
informed in writing of the refusal and the reason for it.
nice....

...and already meant to be done by the Gardai, but nice to see it in law anyway.

declare specified ammunition to be restricted
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.”.”.
can this be explained please

Means that some kinds of ammunition can be put under a de facto ban like pistols were. I note that (v) went in there over the objections of the NTSA, as well as their notes on club coaches being able to supervise shooters on a learning permit...

Sparks

Cont'd:

In page 25, before section 24, but in Part 4, to insert the following new section:
38.—Section 10 is amended by the insertion of the following subsections after
subsection (4):
“(4A) It is an offence for—
(a) a registered firearms dealer (notwithstanding subsection (1) of this
section),
(b) a person engaged in the business of carrying or warehousing goods
for reward, or
(c) an auctioneer who stands authorised under section 13 of the
Firearms Act 1964,
to possess, use, carry, sell or expose for sale a restricted firearm in the
ordinary course of business, unless authorised to do so by an authorisation
under this section which is in force.
(4B) Application for such an authorisation shall be made to the Minister in
the prescribed form by a person mentioned in subsection (4A) and be
accompanied by the prescribed fee (if any).
(4C) The applicant shall supply in writing any further information that the
Minister may require in the performance of his or her functions under this
section.
(4D) An application for renewal of an authorisation may be made within 3
months before it ceases to be in force.
(4E) An application for an authorisation or its renewal shall be refused if
granting it would, in the opinion of the Minister, prejudice public safety or
security.
(4F) A decision on an application for an authorisation or its renewal shall
be given within 3 months from the date on which the applicant submitted a
completed application form.
(4G) An authorisation under this section which is in force shall, unless
earlier revoked, continue in force for a period of 3 years from the date on
which it was granted 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 authorisation was renewed.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
In page 25, before section 24, but in Part 4, to insert the following new section:
39.—The following section is inserted after section 10 of the Principal Act:
10A.—(1) A person (except a registered firearms dealer or the
holder of a licence under this section) who reloads ammunition is
guilty of an offence.
(2) An application for a licence under this section shall be in the
prescribed form, be accompanied by the prescribed fee (if any)
and be made to the superintendent of the Garda Síochána of the
district in which the applicant resides.
(3) A superintendent shall not grant a licence under this section
unless satisfied that the following conditions are complied with:
(a) the applicant holds a firearm certificate;
(b) the reloading of ammunition will not, in the particular
circumstances, endanger public safety or security or the
peace;
(c) the person has a special need which, in the opinion of
the superintendent, is sufficient to justify granting the
licence;
(d) the applicant is competent to reload ammunition;
(e) the premises where the reloading is to take place are
sufficiently safe and secure for that purpose.
(4) The superintendent may at any time—
(a) attach to the licence such further conditions as he or she
considers necessary for the purpose of preventing
danger to members of the public or the peace or for
ensuring that ammunition is reloaded only to satisfy the
special need of the applicant, and
(b) for that purpose vary any of those conditions.
(5) The licence—
(a) shall be in the prescribed form,
(b) shall be granted for a specified period not exceeding 3
years, and
(c) may be revoked by the superintendent if he or she is no
longer satisfied that any condition mentioned in
subsection (3) of this section is being or will be
complied with.
(6) A person who, without reasonable excuse, does not comply
with a condition mentioned in subsection (3) or (4) of this section
is guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding €5,000
or imprisonment for a term not exceeding one year or
both, or
(b) on conviction on indictment, to a fine or imprisonment
for a term not exceeding 5 years or both.
(7) The Minister may by order specify the maximum quantity
and type of component parts of ammunition that may be
purchased, sold, stored or used to reload ammunition by an
individual who holds a licence under this section or a registered
firearms dealer.
(8) In this section “reloading ammunition” means making
ammunition from spent ammunition, and cognate expressions
shall be construed accordingly.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
In page 25, before section 24, but in Part 4, to insert the following new section:
40.—Section 11 of the Principal Act is amended—
(a) in subsection (2), by the substitution of the following paragraph for
paragraph (d):
“(d) has become a person who is declared under section 9(13) of this
Act to be disentitled to be registered in the register of firearms
dealers,”,
and
(b) by the substitution of the following subsections for subsection (3):
“(3) A person whose name is removed under this section from the
register of firearms dealers shall, on such removal, forthwith deliver up to
the Minister—
(a) the person’s certificate of registration or renewal, and
(b) the register kept by the person under subsection (1) of section
12 of this Act.
(4) A person who contravenes subsection (3) of this section is guilty of
an offence and on summary conviction is liable to a fine not exceeding
€1,000.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.

Sparks

Cont'd:

41.—The following section is substituted for section 15 of the Principal Act:
15.—(1) Any person who possesses or controls any firearm or
ammunition—
(a) with intent to endanger life or cause serious injury to
property, or
(b) with intent to enable any other person by means of the
firearm or ammunition to endanger life or cause serious
injury to property,
shall, whether any injury to person or property has or has not been
caused thereby, be guilty of an offence.
(2) A person guilty of an offence under this section is liable on
conviction on indictment—
(a) to imprisonment for life or such shorter term as the court
may, subject to subsections (4) to (6) of this section,
determine, and
(b) at the court’s discretion, to a fine of such amount as the
court considers appropriate,
and the firearm or ammunition concerned shall be forfeited.
(3) The court, in imposing sentence on a person for an offence
under this section, may, in particular, have regard to whether the
person has a previous conviction for an offence under the
Firearms Acts 1925 to 2004, the Offences against the State Acts
1939 to 1998 or the Criminal Justice (Terrorist Offences) Act
2005.
(4) Where a person (except a person under the age of 18 years)
is convicted of an offence under this section, the court shall, in
imposing sentence, specify a term of imprisonment of not less
than 10 years as the minimum term of imprisonment to be served
by the person.
(5) Subsection (4) of this section does not apply where the court
is satisfied that there are exceptional and specific circumstances
relating to the offence, or the person convicted of it, which would
make a sentence of imprisonment of not less than 10 years unjust
in all the circumstances, and for this purpose the court may have
regard to any matters it considers appropriate, including—
(a) whether the person pleaded guilty to the offence and, if
so—
(i) the stage at which the intention to plead guilty was
indicated,
(ii) the circumstances in which the indication was given,
and
(b) whether the person materially assisted in the
investigation of the offence.
(6) The court, in considering for the purposes of subsection (5)
of this section whether a sentence of not less than 10 years
imprisonment is unjust in all the circumstances, may have regard,
in particular, to—
(a) whether the person convicted of the offence has a
previous conviction for an offence under the Firearms
Acts 1925 to 2004, the Offences Against the State Acts
1939 to 1998 or the Criminal Justice (Terrorist
Offences) Act 2005, and
(b) whether the public interest in preventing the unlawful
possession or use of firearms would be served by the
imposition of a lesser sentence.
(7) Section 27C of the Firearms Act 1964 applies in relation to
proceedings for an offence under this section and to any minimum
term of imprisonment imposed in those proceedings.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
In page 25, before section 24, but in Part 4, to insert the following new section:
42.—The following section is inserted after section 15 of the Principal Act:
15A.—(1) An appeal may be made to the District Court by a
person aggrieved by any of the following decisions made by an
issuing person:
(a) to refuse to grant a Firearms training certificate under
section 2A of this Act;
(b) to refuse to grant or renew a firearm certificate under
section 3 of this Act;
(c) to refuse to grant or renew an authorisation for a rifle or
pistol club or shooting range under section 4A of this
Act;
(d) to revoke a firearm certificate under section 5 of this
Act;
(e) to refuse to register a person, or to renew a registration,
in the register of firearms dealers under section 9 of this
Act;
(f) to grant or renew an authorisation under section 10 of
this Act;
(g) to remove the name of a person from the register of
firearms dealers under section 11 of this Act;
(h) to refuse to grant a licence under section 10A of this
Act;
(i) to refuse to grant an authorisation under section 16(1) of
this Act;
(j) to refuse to grant a licence for the import of firearms or
ammunition or a prohibited weapon under section 17 of
this Act or to vary such a licence or conditions named
in it;
(k) to refuse to renew a firearm certificate under section 9 of
the Firearms Act 1964; or
(l) to refuse to grant a firearm certificate, or to revoke such
a certificate, under section 2 of the Firearms (Firearm
Certificate for Non-Residents) Act 2000.
(2) An appeal shall be made within 30 days of receipt of notice
of the decision concerned.
(3) On the appeal the Court may—
(a) confirm the decision,
(b) adjourn the proceedings and direct the issuing person to
reconsider the decision in the light of the appeal
proceedings, or
(c) allow the appeal.
(4) Where the appeal is allowed, the issuing person shall give
effect to the Court’s decision.
(5) The jurisdiction conferred on the District Court by this
section shall be exercised by the judge of that Court assigned to
the district in which the appellant resides or carries on
business.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.

Sparks

Cont'd:

In page 25, before section 24, but in Part 4, to insert the following new section:
43.—Section 17 of the Principal Act is amended by the insertion of the following
subsections after subsection (4):
“(4A) Notwithstanding subsections (1) to (4) 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—
(i) if a registered firearms dealer, possesses an authorisation under
section 10 of this Act, or
(ii) in any other case, is the holder of a restricted firearm certificate
in respect of the firearm or ammunition concerned,
which is in force.
(4B) 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.
(4C) The reason for refusing an application for a licence under this section
or for its renewal shall be communicated in writing to the applicant.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
In page 25, before section 24, but in Part 4, to insert the following new section:
44.—The following section is substituted for section 25 of the Principal Act:
25.—Any person who commits an offence under this Act in
respect of which no other punishment is provided is liable in
respect of each such offence—
(a) on summary conviction, to a fine not exceeding €5,000
or imprisonment for a term not exceeding 12 months or
both, or
(b) on conviction on indictment, to a fine not exceeding
€20,000 or imprisonment for a term not exceeding 5
years or both.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
In page 25, before section 24, but in Part 4, to insert the following new section:
45.—The following section is inserted after section 25 of the Principal Act:
25A.—(1) The Minister may by order appoint a specified period
during which a person may surrender at any Garda station any of
the following weapons:
(a) a firearm;
(b) a flick-knife;
(c) a weapon of offence.
(2) When surrendering a weapon during the specified period,
the person—
(a) shall give his or her name and address to a member of
the Garda Síochána at the Garda Síochána station
concerned, and
(b) shall be informed by the member that the weapon and
any thing in which it was surrendered may be
forensically examined or tested.
(3) Proceedings for an offence shall not be instituted against any
person who surrenders a weapon under this section if—
(a) in the case of a firearm, the offence consists only in the
possession, carrying and use (other than in the
commission of another offence) of the firearm without
being the holder of a firearm certificate, in
contravention of section 2 of this Act, or
(b) in the case of a flick-knife or other weapon of offence,
the offence is an offence under section 9(4) or 10(1)(b)
of the Firearms and Offensive Weapons Act 1990.
(4) Any surrendered weapon or any substance or thing found on
or in it or on or in any thing in which it was surrendered may be
subjected to forensic examination or testing for the purpose of—
(a) determining whether any such weapon, substance or
thing is in a safe and stable condition, or
(b) discovering information concerning an offence other
than an offence referred to in subsection (3) of this
section.
(5) In any proceedings, a surrendered weapon and any substance
or thing referred to in subsection (4) of this section is admissible
in evidence.
(6) A surrendered weapon may be disposed of in a manner
deemed appropriate by the Commissioner.
(7) In this section—
“firearm” includes ammunition;
“flick-knife” has the meaning given to it in section 9(9) of the
Firearms and Offensive Weapons Act 1990;
“weapon of offence” has the meaning given to it in section 10(2)
of the said Act of 1990.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
In page 25, before section 24, but in Part 4, to insert the following new section:
46.—The following section is inserted in the Principal Act after section 25A:
25B.—(1) The Commissioner may by notice in writing require
any person lawfully possessing a firearm to produce it at such
time and place as may be specified in the notice for the purpose of
having ballistic or other tests carried out on it and of establishing
and recording its distinctive characteristics.
(2) A person who, without reasonable excuse, does not comply
with such a notice is guilty of an offence under this Act.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
In page 25, before section 24, but in Part 4, to insert the following new section:
47.—The following section is inserted after section 25B of the Principal Act:
“25C.—The Commissioner may appoint in writing a member of the Garda
Síochána, or members of a particular rank in the Garda Síochána, not below
the rank of superintendent to perform any of the Commissioner’s functions
under this Act.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.

Sparks

Cont'd:

48.—The following section is inserted in the Principal Act after section 25C:
25D.—(1) Where—
(a) an offence under this Act is committed by a body
corporate, and
(b) it is proved to have been committed with the consent,
connivance or approval of, or to have been attributable
to any neglect on the part of, a person who—
(i) was a director, manager, secretary or other officer of
the body corporate, or
(ii) was a person purporting to act in any such capacity,
that person, as well as the body corporate, is guilty of an offence
and liable to be proceeded against and punished as if the person
were guilty of the first-mentioned offence.
(2) Where the affairs of a body corporate are managed by its
members, subsection (1) of this section applies in relation to the
acts and defaults of a member in connection with the member’s
functions of management as if the member were a director or
manager of the body corporate.
(3) The foregoing provisions apply, with the necessary
modifications, where the offence was committed by an
unincorporated body.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
49.—The following section is substituted for section 27 of the Principal Act:
27.—(1) The Minister may make regulations prescribing any
matter referred to in this Act as prescribed or to be prescribed or
to be the subject of regulations or for the purpose of enabling any
of its provisions to have full effect.
(2) The regulations may contain such incidental, supplementary
and consequential provisions as appear to the Minister to be
necessary for the purposes of the regulations.
(3) Regulations prescribing fees shall be made with the consent
of the Minister for Finance.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
In page 25, before section 24, but in Part 4, to insert the following new section:
50.—The following section is inserted after section 27 of the Principal Act:
27A.—An order or regulation under this Act shall be laid before
each House of the Oireachtas as soon as may be after it is made
and, if a resolution annulling it is passed by either such House
within the next 21 days on which that House has sat after it has
been laid before it, the order or regulation shall be annulled
accordingly, but without prejudice to the validity of anything
previously done under it.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
In page 25, before section 24, but in Part 4, to insert the following new section:
“Amendment of Firearms Act 1964
51.—Section 1 of the Firearms Act 1964 is amended—
(a) by the substitution of the following definition for the definitions of “the
Commissioner” and “the Minister”:
“ “the Commissioner” means the Commissioner of the Garda Síochána or
a member of the Garda Síochána, or members of a particular rank in the
Garda Síochána, not below the rank of superintendent appointed in
writing by the Commissioner for the purpose of performing any of the
Commissioner’s functions under this Act;
“the Minister” means the Minister for Justice, Equality and Law
Reform;”,
(b) by inserting the following definition after that of “the Commissioner”:
“ “firearm” includes a restricted firearm, unless otherwise provided or the
context otherwise requires;”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
In page 25, before section 24, but in Part 4, to insert the following:
52.—The following section is substituted for section 9 of the Firearms Act of
1964:
9.—(1) The Commissioner may from time to time renew a
firearm certificate granted by him or her.
(2) The superintendent of the district where the holder of such a
certificate resides may from time to time renew such a certificate.
(3) The superintendent of a district where the holder of a firearm
certificate resides may from time to time renew a firearm
certificate which has been granted by a superintendent.
(4) An inspector or sergeant of the Garda Síochána in the
district where the holder of a firearm certificate issued by a
superintendent resides may from time to time renew the
certificate.
(5) A superintendent, or other member of the Garda Síochána,
who is authorised under this section to renew a firearm certificate
(“an authorised member”) may refuse to renew it, or vary any
conditions to which it is subject under section 4(2)(g) of the
Principal Act, only if prior sanction to do so in the particular case
has been given by the Commissioner or superintendent, as the
case may be.
(6) An application for renewal of a firearm certificate—
(a) shall be in the prescribed form,
(b) shall be accompanied by the prescribed fee (if any), and
(c) may be made within one month before the expiration of
the certificate.
(7) A renewal of a firearm certificate shall be in the prescribed
form.
(8) Before renewing a firearm certificate, an authorised member
shall be of opinion that the conditions to which it is subject have
been complied with and will continue to be complied with during
the period for which the certificate is renewed.
(9) On the renewal of a firearm certificate, an authorised
member may, subject to subsection (6) of this section, vary any
conditions to which the certificate is subject under section 4(2)(g)
of the Principal Act, if of opinion that such a variation is
necessary in the interests of public safety or security.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
In page 25, before section 24, but in Part 4, to insert the following new section:
53.—Section 11 of the Firearms Act 1964 is amended—
(a) in subsection (1), by the deletion of “Minister may substitute for the
description of a firearm in a firearm certificate granted by him” and the
insertion of “Minister or the Commissioner may substitute for the
description of a firearm in a firearm certificate granted by him or her”,
and
(b) in subsection (2), by the insertion of—
(i) “(other than a restricted firearm)” after “firearm”, where it first occurs,
and
(ii) “such” after “another”.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.

Sparks

Cont'd:

54.—Section 13 of the Firearms Act 1964 is amended by the insertion of the
following subsections after subsection (6):
“(7) In this section, references to a firearm and ammunition do not include
references to a restricted firearm or restricted ammunition.
(8) This section is without prejudice to subsections (4A) to (4G) of section
10 of the Principal Act.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
In page 25, before section 24, but in Part 4, to insert the following new section:
55.—Section 21 of the Firearms Act 1964 is amended—
(a) in subsection (1), by the insertion of “or ammunition” after “firearms” and
“firearm”, and
(b) by the insertion of the following subsection after subsection (2):
“(3) In this section, “ammunition” does not include—
(a) component parts of ammunition, or
(b) grenades, bombs and other similar missiles or their component
parts.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
In page 25, before section 24, but in Part 4, to insert the following new section:
56.—The following section is substituted for section 26 of the Firearms Act 1964:
26.—(1) A person who contravenes subsection (1) of section
112 of the Road Traffic Act 1961 and who at the time of the
contravention has with him a firearm or imitation firearm is guilty
of an offence.
(2) A person guilty of an offence under this section is liable on
conviction on indictment—
(a) to imprisonment for a term not exceeding 14 years or
such shorter term as the court may, subject to
subsections (4) to (6) of this section, determine, and
(b) at the court’s discretion, to a fine of such amount as the
court considers appropriate.
(3) The court, in imposing sentence on a person for an offence
under this section, may, in particular, have regard to whether the
person has a previous conviction for an offence under the
Firearms Acts 1925 to 2004, the Offences against the State Acts
1939 to 1998 or the Criminal Justice (Terrorist Offences) Act
2005.
(4) Where a person (other than a person under the age of 18
years) is convicted of an offence under this section, the court
shall, in imposing sentence, specify a term of imprisonment of not
less than 5 years as the minimum term of imprisonment to be
served by the person.
(5) Subsection (4) of this section does not apply where the court
is satisfied that there are exceptional and specific circumstances
relating to the offence, or to the person convicted of it, which
would make the minimum term unjust in all the circumstances,
and for this purpose the court may have regard to any matters it
considers appropriate, including—
(a) whether the person pleaded guilty to the offence and, if
so—
(i) the stage at which the intention to plead guilty was
indicated, and
(ii) the circumstances in which the indication was given,
and
(b) whether the person materially assisted in the
investigation of the offence.
(6) The court, in considering for the purposes of subsection (5)
of this section whether a sentence of not less than 5 years
imprisonment is unjust in all the circumstances, may have regard,
in particular, to—
(a) whether the person convicted of the offence has a
previous conviction for an offence under the Firearms
Acts 1925 to 2004, the Offences Against the State Acts
1939 to 1998 or the Criminal Justice (Terrorist
Offences) Act 2005, and
(b) whether the public interest in preventing the unlawful
possession or use of firearms would be served by the
imposition of a lesser sentence.
(7) In proceedings for an offence under this section it is a good
defence for the defendant to show that he or she had the firearm or
imitation firearm for a lawful purpose when doing the act alleged
to constitute the offence under subsection (1) of the said section
112.
(8) Section 27C of this Act applies in relation to proceedings for
an offence under this section and any minimum term of
imprisonment imposed in those proceedings.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
In page 25, before section 24, but in Part 4, to insert the following new section:
57.—The following section is substituted for section 27 of the Firearms Act 1964:
27.—(1) A person shall not use or produce a firearm or
imitation firearm—
(a) for the purpose of or while resisting the arrest of the
person or of another person by a member of the Garda
Síochána, or
(b) for the purpose of aiding, or in the course of, the escape
or rescue of the person or of another person from
lawful custody.
(2) A person who contravenes subsection (1) of this section is
guilty of an offence and liable on conviction on indictment—
(a) to imprisonment for life or such shorter term as the court
may, subject to subsections (4) to (6) of this section,
determine, and
(b) at the court’s discretion, to a fine of such amount as the
court considers appropriate.
(3) The court, in imposing sentence on a person for an offence
under this section, may, in particular, have regard to whether the
person has a previous conviction for an offence under the
Firearms Acts 1925 to 2004, the Offences against the State Acts
1939 to 1998 or the Criminal Justice (Terrorist Offences) Act
2005.
(4) Where a person (other than a person under the age of 18
years) is convicted of an offence under this section, the court
shall, in imposing sentence, specify a term of imprisonment of not
less than 10 years as the minimum term of imprisonment to be
served by the person.
(5) Subsection (4) of this section does not apply where the court
is satisfied that there are exceptional and specific circumstances
relating to the offence, or to the person convicted of it, which
would make the minimum term unjust in all the circumstances,
and for this purpose the court may have regard to any matters it
considers appropriate, including—
(a) whether the person pleaded guilty to the offence and, if
so—
(i) the stage at which the intention to plead guilty was
indicated, and
(ii) the circumstances in which the indication was given,
and
(b) whether the person materially assisted in the
investigation of the offence.
(6) The court, in considering for the purposes of subsection (5)
of this section whether a sentence of not less than 10 years
imprisonment is unjust in all the circumstances, may have regard,
in particular, to—
(a) whether the person convicted of the offence has a
previous conviction for an offence under the Firearms
Acts 1925 to 2004, the Offences Against the State Acts
1939 to 1998 or the Criminal Justice (Terrorist
Offences) Act 2005, and
(b) whether the public interest in preventing the unlawful
possession or use of firearms would be served by the
imposition of a lesser sentence.
(7) Section 27C of this Act applies in relation to proceedings for
an offence under this section and any minimum term of
imprisonment imposed in those proceedings.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.

Sparks

Cont'd:

58.—The following section is substituted for section 27A of the Firearms Act
1964:
27A.—(1) It is an offence for a person to possess or control a
firearm in circumstances that give rise to a reasonable inference
that the person does not possess or control it for a lawful purpose,
unless the person possesses or controls it for such a purpose.
(2) A person guilty of an offence under this section is liable on
conviction on indictment—
(a) to imprisonment for a term not exceeding 14 years or
such shorter term as the court may, subject to
subsections (4) to (6) of this section, determine, and
(b) at the court’s discretion, to a fine of such amount as the
court considers appropriate.
(3) The court, in imposing sentence on a person for an offence
under this section, may, in particular, have regard to whether the
person has a previous conviction for an offence under the
Firearms Acts 1925 to 2004, the Offences against the State Acts
1939 to 1998 or the Criminal Justice (Terrorist Offences) Act
2005.
(4) Where a person (other than a person under the age of 18
years) is convicted of an offence under this section, the court
shall, in imposing sentence, specify a term of imprisonment of not
less than 5 years as the minimum term of imprisonment to be
served by the person.
(5) Subsection (4) of this section does not apply where the court
is satisfied that there are exceptional and specific circumstances
relating to the offence, or the person convicted of it, which would
make the minimum term unjust in all the circumstances, and for
this purpose the court may have regard to any matters it considers
appropriate, including—
(a) whether the person pleaded guilty to the offence and, if
so—
(i) the stage at which the intention to plead guilty was
indicated, and
(ii) the circumstances in which the indication was given,
and
(b) whether the person materially assisted in the
investigation of the offence.
(6) The court, in considering for the purposes of subsection (5)
of this section whether a sentence of not less than 5 years
imprisonment is unjust in all the circumstances, may have regard,
in particular, to—
(a) whether the person convicted of the offence has a
previous conviction for an offence under the Firearms
Acts 1925 to 2004, the Offences Against the State Acts
1939 to 1998 or the Criminal Justice (Terrorist
Offences) Act 2005, and
(b) whether the public interest in preventing the unlawful
possession or use of firearms would be served by the
imposition of a lesser sentence.
(7) Section 27C of this Act applies in relation to proceedings for
an offence under this section and any minimum term of
imprisonment imposed in those proceedings.
(8) In the application of section 2 of the Criminal Law
(Jurisdiction) Act 1976 to this section, it shall be presumed, unless
the contrary is shown, that a purpose that is unlawful in the State
is unlawful in Northern Ireland.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
In page 25, before section 24, but in Part 4, to insert the following new section:
59.—The following section is substituted for section 27B of the Firearms Act
1964:
27B.—(1) It is an offence for a person to have with him or her a
firearm or an imitation firearm with intent—
(a) to commit an indictable offence, or
(b) to resist or prevent the arrest of the person or another
person,
in either case while the person has the firearm or imitation firearm
with him or her.
(2) A person guilty of an offence under this section is liable on
conviction on indictment—
(a) to imprisonment for a term not exceeding 14 years or
such shorter term as the court may, subject to
subsections (4) to (6) of this section, determine, and
(b) at the court’s discretion, to a fine of such amount as the
court considers appropriate.
(3) The court, in imposing sentence on a person for an offence
under this section, may, in particular, have regard to whether the
person has a previous conviction for an offence under the
Firearms Acts 1925 to 2004, the Offences against the State Acts
1939 to 1998 or the Criminal Justice (Terrorist Offences) Act
2005.
(4) Where a person (other than a person under the age of 18
years) is convicted of an offence under this section, the court
shall, in imposing sentence, specify a term of imprisonment of not
less than 5 years as the minimum term of imprisonment to be
served by the person.
(5) Subsection (4) of this section does not apply where the court
is satisfied that there are exceptional and specific circumstances
relating to the offence, or the person convicted of it, which would
make the minimum term unjust in all the circumstances, and for
this purpose the court may have regard to any matters it considers
appropriate, including—
(a) whether the person pleaded guilty to the offence and, if
so—
(i) the stage at which the intention to plead guilty was
indicated, and
(ii) the circumstances in which the indication was given,
and
(b) whether the person materially assisted in the
investigation of the offence.
(6) The court, in considering for the purposes of subsection (5)
of this section whether a sentence of not less than 10 years
imprisonment is unjust in all the circumstances, may have regard,
in particular, to—
(a) whether the person convicted of the offence has a
previous conviction for an offence under the Firearms
Acts 1925 to 2004, the Offences Against the State Acts
1939 to 1998 or the Criminal Justice (Terrorist
Offences) Act 2005, and
(b) whether the public interest in preventing the unlawful
possession or use of firearms would be served by the
imposition of a lesser sentence.
(7) In proceedings for an offence under this section proof that
the accused had a firearm or imitation firearm with him or her and
intended to commit an indictable offence or to resist or prevent
arrest is evidence that the accused intended to have it with him or
her while doing so.
(8) Section 27C of this Act applies in relation to proceedings for
an offence under this section and any minimum term of
imprisonment imposed in those proceedings.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.

Sparks

Cont'd:

60.—The following section is inserted in the Firearms Act 1964 after section 27B:
27C.—(1) In this section, “minimum term of imprisonment”
means a term specified by a court under—
(a) section 15(4) of the Principal Act,
(b) section 26(4), 27(4), 27A(4) or 27B(4) of this Act, and
(c) section 12A(9) of the Firearms and Offensive Weapons
Act 1990,
less any reduction in the period of imprisonment under subsection
(3) of this section.
(2) The power to commute or remit punishment conferred by
section 23 of the Criminal Justice Act 1951 does not apply in
relation to a minimum term of imprisonment.
(3) The rules or practice whereby prisoners generally may earn
remission of sentence by industry and good conduct apply in
relation to a person serving such a minimum term.
(4) Any powers conferred by rules made under section 2 of the
Criminal Justice Act 1960, as applied by section 4 of the Prisons
Act 1970, to release temporarily a person serving a sentence of
imprisonment shall not be exercised during a minimum term of
imprisonment, unless for grave reason of a humanitarian nature,
and any release so granted shall be only of such limited duration
as is justified by that reason.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
“Amendment of Firearms and Offensive Weapons Act 1990
62.—Section 4 of the Firearms and Offensive Weapons Act 1990 is amended in
subsection (1)—
(a) by the substitution of the following paragraph for paragraph (b):
“(b) an air gun (including an air rifle and air pistol) with a muzzle
energy greater than one joule and any other weapon
incorporating a barrel from which any projectile can be
discharged with such a muzzle energy;”,
(b) in paragraph (g)—
(i) by the deletion of “for the purposes of this definition” and the insertion
of “without prejudice to the generality of the foregoing”,
(ii) by the deletion of “(e).” in subparagraph (ii) and the insertion of “(e),
and”, and
(iii) the insertion of the following subparagraph:
“(iii) any object—
(I) manufactured for use as a component in connection
with the operation of a firearm, and
(II) without which it could not function as originally
designed;”,
and
(c) by the insertion after paragraph (g) of the following paragraph:
“(h) a device which enables a firearm to be used as a starting gun or
blank firing gun.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
63.—The following section is inserted after section 8 of the Firearms and
Offensive Weapons Act 1990:
8A.—Each provision of the Firearms Acts 1925 to 2000
specified in Schedule 1* to the Criminal Justice Act 2006 is
amended in the manner specified in the third and fourth columns
opposite the mention of that provision in the first column of that
Schedule.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.
*[This is the appropriate reference if a later amendment is accepted.]
In page 25, before section 24, but in Part 4, to insert the following new section:
64.—The following section is inserted after section 12 of the Firearms and
Offensive Weapons Act 1990:
12A.—(1) Subject to subsection (2), a person who shortens the
barrel of—
(a) a shot-gun to a length of less than 61 centimetres, or
(b) a rifle to a length of less than 50 centimetres,
is guilty of an offence.
(2) It is not an offence under subsection (1) for a registered
firearms dealer to shorten the barrel of a shot-gun or rifle to a
length of less than 61 or 50 centimetres respectively if the sole
purpose of doing so is to replace a defective part of the barrel with
a barrel of not less than 61 or 50 centimetres, as the case may be.
(3) It is an offence for a person to convert into a firearm
anything which resembles a firearm but is not capable of
discharging a projectile.
(4) Subject to subsection (5), it is an offence to modify a firearm
so as to render its reloading mechanism fully automatic or to
increase its calibre, irrespective of whether the firearm, as so
modified, is a restricted firearm.
(5) Subsection (4) does not apply to a firearm designed and
manufactured so as to enable barrels of different calibres to be
attached to it.
(6) It is an offence for a person (except a registered firearms
dealer) to possess without lawful authority or reasonable excuse—
(a) a shot-gun the barrel of which is less than 61 centimetres
in length,
(b) a rifle the barrel of which is less than 50 centimetres in
length,
(c) a converted firearm mentioned in subsection (3), or
(d) a firearm which has been modified as described in
subsection (4).
(7) A person who is guilty of an offence under this section is
liable on conviction on indictment—
(a) to imprisonment for a term not exceeding 10 years or
such shorter term as the court may, subject to
subsections (9) to (11), determine, and
(b) at the court’s discretion, to a fine of such amount as the
court considers appropriate.
(8) The court, in imposing sentence on a person for an offence
under this section, may, in particular, have regard to whether the
person has a previous conviction for an offence under the
Firearms Acts 1925 to 2004, the Offences against the State Acts
1939 to 1998 or the Criminal Justice (Terrorist Offences) Act
2005.
(9) Where a person (other than a person under the age of 18
years) is convicted of an offence under this section, the court
shall, in imposing sentence, specify a term of imprisonment of not
less than 5 years (in this section referred to as the “minimum term
of imprisonment”) as the minimum term of imprisonment to be
served by the person.
(10) Subsection (9) does not apply where the court is satisfied
that there are exceptional and specific circumstances relating to
the offence, or to the person convicted of it, which would make
the minimum term of imprisonment unjust in all the
circumstances, and for this purpose the court may have regard to
any matters it considers appropriate, including—
(a) whether the person pleaded guilty to the offence and, if
so—
(i) the stage at which the intention to plead guilty was
indicated, and
(ii) the circumstances in which the indication was given,
and
(b) whether the person materially assisted in the
investigation of the offence.
(11) The court, in considering for the purposes of subsection
(10) of this section whether a sentence of not less than 5 years
imprisonment is unjust in all the circumstances, may have regard,
in particular, to—
(a) whether the person convicted of the offence has a
previous conviction for an offence under the Firearms
Acts 1925 to 2004, the Offences Against the State Acts
1939 to 1998 or the Criminal Justice (Terrorist
Offences) Act 2005, and
(b) whether the public interest in preventing the unlawful
possession or use of firearms would be served by the
imposition of a lesser sentence.
(12) Section 27C of the Firearms Act 1964 applies in relation to
proceedings for an offence under this section and any minimum
term of imprisonment imposed in those proceedings.”.”.
—An tAire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.