Public Safety (Emergency Powers) Act, 1923

Restrictions on the sale and possession of fire arms.

8.—(1) From and after the passing of this Act it shall not be lawful for any person to have in his possession any firearms or ammunition without a firearm licence issued to him for that purpose pursuant to regulations made under this section.

(2) An Executive Minister may by order make regulations for the issue of firearms licences under this section and may by such regulations—

(a) prescribe the persons by whom and the terms and circumstances on and in which firearm licences may be issued;

(b) require that every manufacturer, repairer, tester, seller or dealer in firearms or ammunition by way of trade or business shall be registered in a register to be established under such regulations;

(c) place restrictions on the sale of firearms and ammunition and prohibit the pawning of firearms;

(d) require all firearms to be marked with a number or other mark of identification (including the name of the manufacturer, seller or owner) and to be registered;

(e) prescribe the form and duration of firearm licences;

(f) place restrictions on or wholly prohibit the manufacture, sale, purchase or possession of weapons designed for the discharge of any noxious liquid, gas or other thing, or any ammunition containing or designed or adapted to contain any such noxious thing;

(g) empower members of any police force in Saorstát Eireann to demand the production of and to inspect firearm licences;

(h) place restrictions on the export, import or removal from one place to another of firearms and ammunition;

(i) authorize the trial by Courts of Summary Jurisdiction of persons contravening the regulations and prescribe the punishments (not exceeding in any case twelve months' imprisonment with hard labour and a fine of £50 or six months' further imprisonment with hard labour in default of payment) which may be inflicted on persons found guilty of contravening the regulations.

(3) In this section the expression “firearm” means any lethal firearm or other weapon of any description from which any shot, bullet, or other missile can be discharged, or any part thereof, and the expression “ammunition” means and includes—

(a) ammunition for any firearm;

(b) grenades, bombs and other similar missiles, whether capable of being used with a firearm or not;

(c) land mines and other similar explosive machines;

(d) dynamite, gelignite and other explosive substances;

(e) any component part or ingredient of any such article or substance as aforesaid.

(4) This section shall not apply to any firearm or ammunition belonging or issued to any member of the Military Forces of Saorstát Eireann or to any member of a police force established by or under the control of the Minister for Home Affairs as part of his arms or equipment as such member or any firearm or ammunition in the possession of any such member in the performance of his duty as such member, and nothing in this Act shall be deemed to make unlawful the possession of any such firearm or ammunition as aforesaid by any such member.