Criminal Justice Act 2006
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New section 25A of Principal Act. |
46.— The following section is inserted after section 25 of the Principal Act: | |
“Surrender of firearms and offensive weapons. | ||
25A.—(1) The Minister may by order appoint a specified period during which a person may surrender at any Garda station or at any other place approved for the purpose by a superintendent of the Garda Síochána 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, address and proof of identity to a member of the Garda Síochána at the Garda Síochána station or place 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.”. |