09/05/1924: Firearms (Temporary Provisions) Act, 1924.

FIREARMS (TEMPORARY PROVISIONS) ACT, 1924. Regulations made by the Minister for Home Affairs pursuant to Section 2 of the Firearms (Temporary Provisions) Act, 1924 .

In exercise of the powers conferred on me by Section 2 of the Firearms (Temporary Provisions) Act, 1924 , I, CAOIMHGHIN O h-UIGIN, Minister for Home Affairs, do hereby make the following regulations:—

1. (1) (a) A person shall not purchase, use, or carry any Firearm or ammunition unless he holds a Firearm Licence, granted under these Regulations and in force at the time.

(b) A Firearm Licence shall be granted by the Superintendent of Police of the district in which the applicant for the Licence resides if he is satisfied that the applicant is a person who is over 18 years of age, has good reason for requiring such a Licence, and can be permitted to have in his possession, use and carry a firearm or ammunition without danger to the Public Safety or to the peace, and on payment of the prescribed fee. Provided that a Firearm Licence shall not be granted to a person whom the Superintendent of Police has reason to believe to be a person who by these Regulations is prohibited from possessing using or carrying a Firearm or to be a person of intemperate habits or unsound mind or to be for any reason unfitted to be entrusted with firearms.

(2) A person who has been sentenced to penal servitude or to imprisonment for a term of three months or upwards for any crime shall not, at any time during a period of five years from the date of his release, and a person who is the holder of a licence under the Penal Servitude Acts, 1853 to 1891, or the Prevention of Crime Act, 1908, or is subject to the supervision of the police, or is subject to a recognizance to keep the peace or to be of good behaviour, a condition of which is that the offender shall not possess, use, or carry a firearm, shall not, at any time during which he holds the licence or is so subject, have in his possession, use or carry a firearm or ammunition.

(3) A Firearm Licence shall be in the form (I F L) annexed hereto and shall specify the nature and number of the firearms to which it relates and as respects ammunition the total quantity authorised to be purchased and also the quantity authorised to be held at any one time thereunder. The Superintendent of the Police may, however, endorse the Licence to permit of the purchase of further quantities. Every person who sells a Firearm or ammunition to a person in Saorstát Eireann shall comply with any instructions addressed to the Seller contained in the Firearm Licence produced and in the case of the sale of a Firearm shall within forty-eight hours from the sale send by registered post notice of the sale to the Superintendent of Police by whom the Licence was issued.

(4) A person shall not sell to any person, other than a registered firearms dealer, any firearms or ammunition unless the purchaser produces a Firearm Licence authorising him to purchase the firearm or ammunition.

(5) A Firearm Licence shall, unless previously revoked or cancelled, continue in force until the 31st December, 1924.

(6) Firearm Licences issued under the Public Safety (Emergency Powers) Act, 1923 , shall be deemed to have been issued under these Regulations, and shall continue in force until the 31st December, 1924.

(7) A Firearm Licence may at any time be revoked by the Superintendent of Police of the district in which the holder resides if he considers it expedient in the interests of the public safety or the peace and such Firearm Licence together with any firearms or unexpended ammunition in respect of which it was issued shall be immediately surrendered to the Police.

(8) The fee to be paid on the grant of a Firearm Licence shall be 5-.

2. Every Firearm shall be marked with a distinguishing mark or identification number, and with the name of the manufacturer, seller, or owner, and every Superintendent of Police shall keep a register of all such firearms in respect of which licences shall have been issued in his district.

Such register shall be in the following form:—

3. A person applying to the Minister for Home Affairs for registration as a Dealer in Firearms and ammunition shall transmit his application for such registration through the Superintendent of Police of the area in which he is resident, stating the following particulars:—

Full Name.

Address.

Place of Business.

Nature of Business in regard to dealing in Arms or Ammunition proposed to be carried on.

Whether ever previously engaged in Business connected with Firearms or Ammunition.

Particulars as to accommodation for storage.

Any other business carried on at the same place.

Names and Addresses of any persons who can vouch for the Applicant's bona fides.

4. Every person registered as a Dealer in Firearms and Ammunition shall be furnished with a Certificate of Registration, and shall provide and keep a register of transactions, and shall enter or cause to be entered therein

(a) The quantities and description of firearms and ammunition purchase, with the names and addresses of the sellers and dates of the several transactions.

(b) The quantities and description of firearms and ammunition sold, with the names and addresses of the purchasers, and the districts in which the Firearm Licences were issued, and the dates of the several transactions.

(c) The quantities and descriptions of the firearms and ammunition in possession for sale at the date of the last stock-taking.

5. A Register of Firearm Dealers to whom Certificates of Registration have been granted shall be kept in the Ministry of Home Affairs, and if any person desires to have his name removed from the Register, or if the Minister for Home Affairs is satisfied that a person whose name is on the Register is no longer carrying on business as a Firearm Dealer in Saorstát Éireann, or cannot be permitted to continue to carry on business as a Firearm Dealer without danger to the public safety or the peace, he shall cause the name of that person to be removed from the Register.

6. No person shall give or receive in pawn any firearm.

7. No person shall import firearms or ammunition unless he has been issued a licence in the Form (3 F.L.) annexed hereto. Applications for such licence should be addressed to the Secretary, Ministry of Home Affairs, Upper Merrion Street, Dublin, on the Form (4 F.L.) annexed hereto.

8. No person shall consign for export or removal from one place to another any firearm or ammunition unless such export or removal has been authorised in writing by the Superintendent of Police of the area from which they are to be exported or removed.

This Regulation shall not prohibit the holder of a Firearm Licence from carrying with him any firearm or ammunition authorised by the Licence to be carried. Any Superintendent of Police in Saorstát Eireann may search for and seize any firearms or ammunition which he has reason to believe are being removed or to have been removed from one place to another or for export, and any person having the control or custody of any firearm or ammunition in the course of transit shall, on demand by a constable, allow him all reasonable facilities for the examination and inspection thereof, and shall produce to him any documents in his possession relating thereto.

9. (a) Any constable may demand from any person whom he believes to be in possession of or to be using or carrying a firearm or ammunition (except in circumstances where possession, using, or carrying a firearm or ammunition without a fire-arm licence does not constitute an offence), the production of his Firearm Licence.

(b) If any person upon whom a demand is so made, fails to produce the Licence or to permit the constable to read the Licence, or to show that he is a person who is exempted under the Act or these Regulations from the necessity of having a Licence, the constable may seize and detain the firearm or ammunition, and may require that person to declare to him immediately his name and address.

(c) If any person refuses so to declare his name and address or fails to give his true name and address, he shall be liable on summary conviction to a fine not exceeding Twenty Pounds, and the constable may apprehend without warrant any person who refuses to declare his name or address, or whom he suspects of giving a false name or address, or of intending to abscond.

(d) In addition to any other powers conferred on him under these regulations or otherwise a constable may arrest without warrant any person whom he believes to be in possession of or to be using or carrying a firearm or ammunition in contravention of any of the provisions of the Act or of these Regulations, and may search any such person, and whether arresting him or not may seize and detain any firearm or ammunition in his possession or used or carried by him.

(e) Any constable, if authorised in writing by the Superintendent of Police of his area, may enter at any time any premises or place named in the warrant, if necessary, by force and search the premises or place and every person found therein and seize and detain any firearm, prohibited weapon or ammunition which he may find on the premises or place or on any such person in respect of which or in connection with which he has reasonable grounds for suspecting that an offence under the Act or these Regulations has been is being or is about to be committed, and if the premises are those of a registered Firearms dealer, may examine any books relating to the business. The constable making the search may arrest without warrant any person found on the premises whom he has reason to believe to be guilty of an offence against the Act or these Regulations.

FIREARMS (TEMPORARY PROVISIONS) ACT, 1924 . No. 3A. F.L.

FIREARMS AND AMMUNITION—PARTICULARS OF IMPORTATION.

This Form to be filled up as soon as the Importation is effected, and returned forthwith to Secretary, Ministry of Home Affair, Merrion Street, Dublin.

10. The like powers in relation to firearms and ammunition are hereby conferred on Officers of Customs and Excise and Officers of the Post Office as such officers respectively have by law in relation to other articles the export, import and removal of which is prohibited or restricted.

11. In these Regulations the expression "constable" means any member of a Police Force in Saorstát Éireann, and the expression "Superintendent of Police" means a Superintendent (or Inspector acting as Superintendent) of the Gárda Síochána or a Superintendent of the Dublin Metropolitan Police or any Officer of higher rank.

C. Ó hUIGÍN,

Aire um Ghnothai Duitche.

Aireacht um Ghnothai Duithche,

Baile Atha Cliath,

9th May, 1924.

INSTRUCTIONS.

1. The person who sells a firearm to the holder of this licence shall enter in the space provided at "C" the description of the firearm, the maker's name and the number of the firearm, and shall as required by the regulations within forty-eight hours send by registered post notice of the sale to the Superintendent of the Police by whom this Licence was issued.

2. In the case of any sale of ammunition the quantity sold, and the date of sale must be entered on this Licence. The quantity sold at any one time must not exceed the quantity which the holder of this Licence is authorised to possess (as set out at "B"). The total quantity which the holder is authorised to purchase under this Licence is set out at "A," and the Seller must, therefore, satisfy himself that the quantity proposed to be purchased together with the quantities already purchased (as shown by previous entries) does not exceed the total quantity authorised.

No, 3 F.L.

FIREARMS (TEMPORARY PROVISIONS) ACT, 1924 .

FIREARM AND AMMUNITION—IMPORTATION LICENCE.

By virtue of the power vested in me by the above-mentioned Act, I, Minister for Home Affairs, grant to the person above-named as licensee this Licence, authorising him to import at the above-named place, on the conditions endorsed thereon, subject to the provisions of the said Act, and the regulations made thereunder, the goods set out in the schedule overleaf.

This Licence is valid only for the person above-named as licensee, and may be revoked or modified at any tune.

Ministry of Home Affairs,

Upper Merrion Street,

Dublin.

.............................. day of ........................................ 192 .

N.B.—This licence is not valid unless it bears the official stamp of the Ministry of Home Affairs.

SCHEDULE.

No Firearms or Ammunition shall be imported under this licence other than the following:—

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CONDITIONS.

1. No Firearms or Ammunition shall be imported under this licence at any other place other than the place of importation named thereon.

2. The Licensee, and the owner or master of any ship or boat in which any goods are being imported in virtue of this licence, shall, when required by a Government Inspector or by an Officer appointed by the Local Authority having jurisdiction over the place of importation or by any Officer of a Police Force in Saorstát Éireann or by any Officer of the Commissioners of the Customs and Excise, produce to him this License and furnish such Inspector or Officer with the means necessry to enable him to ascertain whether the conditions of the same are complied with; and shall, when required by any Inspector or Officer as aforesaid, open or cause to be opened any case or package imported under this Licence for the purpose of examination or for the taking of samples by such Inspector or Officer, and shall repack, or cause to be repacked, every case so opened using all due care and precautions in the opening and repacking.

3. As soon as the goods have been received, the particulars of the importation shall be inserted in the Form hereto attached, No. 3A F.L., and the said Form (duly filled up) shall be forthwith returned to the Secretary, Ministry of Home Affairs. Such particulars shall include the name or names of the places, and the quantity of goods so deposited at each such place.

4. This Licence should be transmitted to the Consigner for production to the Packing or Shipping Company, and should accompany the goods.

Extract from Section 1 of the Firearms [Temporary Provisions] Act, 1924.

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:—

Ammunition for any such firearm, and includes

Grenades, bombs and other similar missiles, whether such missiles are capable of use with a firearm or not, and ingredients and components thereof.

No. 4 F.L.

SAORSTÁT ÉIREANN.

AIREACHT UM GHNÓTHAI DUITHCHE (MINISTRY OF HOME AFFAIRS).

Firearms (Temporary Provisions) Act, 1924.

APPLICATION FORM.

For Licence to Import or bring in any Firearms or Ammunition.