S.I. No. 646/2017 - Firearms (Storage of Firearms and Ammunition by Firearms Dealers) Regulations 2017

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th February, 2018.

I, DAVID STANTON, Minister of State at the Department of Justice and Equality, in exercise of the powers conferred on me by section 9 (10) (inserted by section 38 of the Criminal Justice Act 2006 (No. 26 of 2006)) of the Firearms Act 1925 (No. 17 of 1925) and the Justice and Equality (Delegation of Ministerial Functions) Order 2017 ( S.I. No. 351 of 2017 ), after consultation with the Commissioner of the Garda Síochána, hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the Firearms (Storage of Firearms and Ammunition by Firearms Dealers) Regulations 2017.

(2) These Regulations come into operation on 1 February 2019.

Definitions

2. In these Regulations—

“Act” means Firearms Act 1925 ;

“ammunition” means ammunition for a firearm which is of a calibre of no more than 20 millimetres but does not include ammunition for a paintball marker or ammunition components that do not contain an explosive;

“BS” means British Standard;

“Commissioner” means Commissioner of the Garda Síochána;

“CCTV system” means a system consisting of electronic or other devices designed, which through visual images, warns of, monitors or records potential or actual unauthorised entry or misconduct on or in the vicinity of premises where such equipment is situated;

“District officer” means the member not below the rank of inspector, of the Garda Síochána who is the District officer of the Garda Síochána district in which the premises of the firearms dealer concerned is situated;

“Explosives Acts” means Explosives Acts 1875 and 2006;

“firearms component” means any part of a firearm without which the firearm could not function as originally designed;

“G2/FB4 EN 1522” means the ballistic standard bullet resistance for glass doors and windows;

“Government inspector” means a person appointed under section 53 of the Explosives Act 1875 as a Government inspector;

“I.S.” means Irish Standard;

“I.S. EN” means adopted European Standard;

“LPS” means a loss prevention standard 1175 Level 3 which sets out the specification for the testing and classification of the burglary resistance of buildings components strong points and security enclosures;

“PAS24” means product assessment specification 24 which specifies test methods and acceptance criteria for doors and windows;

“sales area” means an area of a firearms dealer’s premises where firearms or ammunition are displayed for sale in accordance with Regulation 6 (2) and (3) and where the public are allowed restricted and supervised access;

“strong room” means a room or enclosure for the storage of firearms and ammunition constructed in accordance with Regulation 5(1);

“SR 40” means non-technical best practice for the provision of electronic security services — intruder alarm, access control and CCTV systems.

Application

3. (1) Regulations 4 to 8 shall apply to firearms dealers not subject to section 9(8) (inserted by section 6 of the Firearms Act 1971 ) of the Act.

(2) Regulation 9 shall apply to firearms dealers subject to section 9(8) of the Act.

Security of premises

4. (1) A firearms dealer shall ensure that the following measures are taken to ensure the security of his premises:

(a) the building structure, to include all external walls, doors, windows, roof and floor, shall be constructed to provide an appropriate level of security and shall be secured from unauthorised access as follows;

(b) the external doors to the premises shall be fitted to PAS24:2016 standard by a locksmith as per PSA 55:2016 with locks which meet BS 3621 standard or equivalent;

(c) external doors (except public entrance doors) should be constructed of either prefabricated steel (2x2millimetres steel on a steel box frame) or G2/FB4 EN 1522;

(d) a comprehensive intruder detection system to provide an appropriate level of both perimeter and trap protection shall be installed at the premises. This system should be maintained in accordance with E.N. 50131 and the Garda Síochána alarm policy;

(e) the intruder detection system shall be installed and maintained by an installer licensed by the Private Security Authority to IS E.N. 50131-1 together with IS E.N. 50131-7 and SR 40 and the maintenance contract shall include an annual service;

(f) the intruder detection system shall be supported by an appropriate, secondary monitored signalling system certified to I.S. EN 50136 standard;

(g) the intruder detection system shall be permanently connected to a remote monitoring centre operated by a person licensed by the Private Security Authority in accordance with PSA 33:2014;

(h) personal attack alarms, both static and mobile, shall be included as part of the intruder detection system. A duress code facility shall also be included and utilised as necessary;

(i) a CCTV system to I.S. EN 50132 standard shall be installed at the premises. This system shall be installed and maintained by an installer licensed by the Private Security Authority in accordance with PSA 2006:12 and SR 40 and the maintenance contract shall include an annual service;

(j) the CCTV system shall include digital recording facilities (capable of retaining images for a minimum of one month) and such recording facility shall be kept in a secure area or secure cabinet outside public view;

(k) the CCTV system shall, as a minimum, be capable of covering all of the entry and exit points to the premises, the interior of the premises (including the sales area) and the interior of the strong room. Such a system shall be capable of recording images in all light conditions;

(l) access to the premises, by members of the public, shall be controlled by the firearms dealer;

(m) all relevant documentation in support of the above requirements shall be provided to a member of the Garda Síochána on request;

(n) the firearms dealer shall liaise with the District officer in relation to compliance with these Regulations and shall allow the relevant premises to be inspected whenever requested by him or her to do so;

(o) if the part of the premises used for storage of ammunition is within or adjoins a building containing accommodation used for domestic or residential purposes—

(i) the accommodation shall be separate from the ammunition store,

(ii) access and exit routes, which are fire stopped and fire separated from the ammunition store, shall be provided for the accommodation,

(iii) there shall be a fire detection system installed in the store which will sound in the accommodation area,

(iv) there shall be at least one hour fire stopping between the accommodation and the ammunition store, and

(v) the door (if any) between the ammunition store and accommodation shall be secured from unauthorised access to PAS 24:2016 standard.

Construction requirements for strong room

5. (1) In the case of storage of firearms, a firearms dealer shall ensure that all firearms in the premises are stored in a strong room which complies with the following requirements:

(a) the walls, floor and ceiling shall be constructed as outlined hereunder and shall be secured from unauthorised access as follows:

(i) the walls of the strong room shall be constructed of either solid reinforced concrete at least 225mm thickness or solid, bonded block or brick at least 325mm thickness;

(ii) the floor shall be constructed of either solid reinforced concrete with a minimum depth of 150mm or solid, bonded block/brick at least 300mm in depth;

(iii) the ceiling shall consist of either solid reinforced concrete at least 150mm thickness or solid, bonded block or brick at least 300mm thickness;

(b) for existing walls, floors and ceilings that do not meet these requirements, provision shall be made to upgrade to such a standard so that the Commissioner is satisfied that it provides a resistance to attack equivalent to the above by utilising further additional measures to each non-compliant area to include the use of steel mesh, block, brick or reinforced concrete;

(c) ventilation holes, where necessary, shall be staggered, such that no line of sight exists from the exterior to the interior of the building;

(d) the strong room shall have no other openings, other than the entrance door, opening outwards;

(e) the entrance door to the strong room shall have a time-lock mechanism and be either—

(i) a manufactured steel door, with supporting surround, each of which is certified to fulfil the requirements of I.S. EN 1627 (minimum security grade 4) or equivalent, or

(ii) a door individually custom-fabricated of sheet steel to such a standard that the Commissioner is satisfied that it provides a resistance to attack equal to that provided by the above standard;

(f) the strong room shall be incorporated into the intruder detection system of the premises and operate on a separate 24 hour guard;

(g) the strong room shall be locked except when accessed under the direct supervision of the firearms dealer or his employees;

(h) outside of normal opening hours the time-lock shall be engaged;

(i) access to the strong room by members of the public shall be limited and shall only be permitted under the direct supervision of the firearms dealer or his employees;

(j) any steel or ferrous doors, fittings, sheeting, grill or shelving in any part of the strong room where ammunition or explosives are stored, shall be coated, painted or lined to prevent bare metal or rust from being exposed.

Security of firearms and ammunition on display in sales area

6. (1) All firearms shall be stored within a strong room in accordance with Regulation 5(1) when not on display.

(2) In the course of business opening hours where staff are present, non-restricted firearms may be kept on display in secure conditions within the sales area. In order to facilitate this, the following measures shall be taken to ensure the security of any such non-restricted firearms on display:

(a) firearms on display shall be kept in secure firearms display cabinets or racks which comply with BS 7558;

(b) suitable display cabinets shall be either—

(i) a cabinet, manufactured, fitted and certified to comply with LPS 1175 (level 3) standard, or

(ii) a cabinet, manufactured, fitted and certified to comply with BS 7558 with laminated glazing (minimum thickness of 11.3mm) certified to BS 5544, or

(iii) a custom-fabricated cabinet that provides a resistance to attack equal to that provided by the above standards, to such a standard that the Commissioner is satisfied that it provides a resistance to attack equivalent to the above.

(c) all display cabinets shall be securely anchored to a solid structure using suitable high strength anchor bolts;

(d) where firearms racks are utilised, all firearms on display shall be secured to the rack by the use of steel security cables (minimum 8mm thickness) or by clamps;

(e) padlocks used to secure the steel cables within the rack shall meet EN 12320 standard (minimum security grade 4) or to such a standard that the Commissioner is satisfied that it provides a resistance to attack equivalent to the above.

(3) All ammunition, when not on display, shall be securely stored in the strong room in a manner which is acceptable to the Commissioner and prevents access by members of the public. In the course of business opening hours where staff is present, ammunition may be kept on display in secure conditions within the sales area. In order to facilitate this, the following measures shall be taken to ensure the security of any such ammunition on display:

(a) the quantity of ammunition on display shall not exceed 10,000 rounds;

(b) ammunition shall be kept in its parent or retail packaging;

(c) ammunition shall be displayed in—

(i) a cabinet, manufactured, fitted and certified to comply with LPS 1175 (level 3) standard,

(ii) a cabinet, manufactured, fitted and certified to comply with BS 7558 with laminated glazing (minimum thickness of 11.3mm) certified to BS 5544, or

(iii) a custom-fabricated cabinet that provides a resistance to attack equal to that provided by the above standards or to such a standard that the Commissioner is satisfied that it provides a resistance to attack equivalent to the above;

(d) all display cabinets shall be securely anchored to a solid structure using suitable high strength anchor bolts.

Strong room incorporating shop floor and sales area

7. (1) Where the strong room includes the general shop floor and sales area for firearms, the following measures shall be taken to ensure the security of firearms and ammunition on the premises—

(a) the strong room requirements of Regulation 5(1) shall be adhered to, and

(b) the display requirements of Regulation 6(2) and (3) shall be adhered to.

Safety of premises

8. (1) In the case of storage of ammunition, or ammunition components containing explosive, where authorised, the requirements of the Explosives Acts shall be complied with.

(2) Ammunition and firearms shall be kept separated at all times and shall not be stored or displayed in the same room, receptacle or cabinet without a physical means of separation, such as a wall, grill, barrier or partition.

(3) The firearms dealer shall allow the inspection of the premises by a Government inspector where requested, and shall produce for inspection such records relating to ammunition or explosives as are required by such an Inspector.

Dealers subject to section 9 (8) of Act — ammunition only dealers

9. (1) In the case of storage of ammunition where registration in the register of firearms dealers is subject to the condition that the person confine their dealing to ammunition for shotguns, unrifled airguns and for rifled firearms not exceeding.22 inches, the following minimum standards shall apply to a premises storing 5,000 or more shotgun cartridges or ammunition for a rifled firearm of a calibre not exceeding.22 inches:

(a) an intruder detection system certified to I.S. EN 50131 standard (minimum security grade 2) shall be installed at the premises. The intruder detection system shall be installed and maintained by an installer licensed by the Private Security Authority and the maintenance contract shall include an annual service;

(b) the intruder detection system shall be supported by an appropriate secondary monitored signalling system certified to I.S. EN 50136 standard;

(c) the intruder detection system shall be permanently connected to a remote monitoring centre operated by a person licensed by the Private Security Authority;

(d) ammunition shall be kept in its parent or retail packaging;

(e) access to the premises, by members of the public, shall be controlled by the firearms dealer;

(f) the storage of any ammunition, where authorised, shall also comply with the requirements of the Explosive Acts;

(g) all relevant documentation in support of the above requirements shall be provided to the Garda Síochána on request;

(h) the firearms dealer shall liaise with the District officer in relation to compliance with these Regulations and shall allow the relevant premises to be inspected whenever requested by him or her to do so;

(i) the firearms dealer shall allow the inspection of the premises by a Government inspector where requested, and shall produce for inspection such records relating to ammunition as are required by such an inspector;

(j) if the part of the premises used for storage of ammunition is within or adjoins a building containing accommodation used for domestic or residential purposes—

(i) the accommodation shall be separate from the room in which the ammunition is stored,

(ii) access and exit routes, which are fire stopped and fire separated from the room in which the ammunition is stored shall be provided for the accommodation,

(iii) there shall be a fire detection system installed in the room which will sound in the accommodation area,

(iv) there shall be at least one-hour fire stopping between the accommodation and the room, and

(v) the door (if any) between the room and accommodation shall be secured from unauthorised access to PAS 24:2016 standard.

(2) All ammunition, when not on display, shall be securely stored in a time-locked safe or time-locked custom-fabricated cabinet constructed in accordance with subparagraph (c), (d) or (e). In the course of business opening hours where staff is present, ammunition may be kept on display in secure conditions within the sales area. In order to facilitate this, the following measures shall be taken to ensure the security of any such ammunition on display:

(a) the quantity of ammunition on display shall not exceed 1,000 rounds;

(b) ammunition shall be kept in its parent or retail packaging;

(c) ammunition shall be displayed—

(i) in a cabinet, manufactured, fitted and certified to comply with LPS 1175 (level 3) standard,

(ii) a cabinet, manufactured, fitted and certified to comply with BS 7558 with laminated glazing (minimum thickness of 11.3mm) certified to BS 5544, or

(iii) a custom-fabricated cabinet that provides a resistance to attack equal to that provided by the above standards, or equivalent which is acceptable to the Commissioner;

(d) all display cabinets shall be securely anchored to a solid structure using suitable high strength anchor bolts.

(3) In the case of storage of ammunition where registration in the register of firearms dealers is subject to the condition that the person confine their dealing to ammunition for shotguns, unrifled airguns and for rifled firearms not exceeding.22 inches, the following minimum standards shall apply to a premises storing less than 5,000 shotgun cartridges or ammunition for a rifled firearm of a calibre not exceeding.22 inches:

(a) an intruder detection system certified to I.S. EN 50131 standard (minimum grade 1) shall be installed at the premises. The intruder detection system shall be installed and maintained by an installer licensed by the Private Security Authority and the maintenance contract shall include an annual service;

(b) ammunition shall be kept in its parent or retail packaging;

(c) access to the premises, by members of the public, shall be controlled by the firearms dealer;

(d) the storage of any ammunition, where authorised, shall also comply with the requirements of the Explosive Acts;

(e) ammunition shall be stored securely in a safe or custom-fabricated cabinet that provides a resistance to attack and which prevents access by members of the public, which is acceptable to the Commissioner;

(f) all relevant documentation in support of the above requirements shall be provided to the Garda Síochána on request;

(g) the firearms dealer shall liaise with the Garda Síochána in relation to compliance with these Regulations and shall allow the relevant premises to be inspected whenever requested by the Garda Síochána to do so;

(h) the firearms dealer shall allow the inspection of the premises by a Government inspector where requested, and shall produce for inspection such records relating to ammunition as are required by such an inspector;

(i) if the part of the premises used for storage of ammunition is within or adjoins a building containing accommodation used for domestic or residential purposes—

(i) the accommodation shall be separate from the room in which the ammunition is stored,

(ii) access and exit routes, which are fire stopped and fire separated from the room in which the ammunition is stored, shall be provided for the accommodation,

(iii) there shall be at least a half hour fire resistance between the accommodation and the room in which the ammunition is stored, and

(iv) the door (if any) between the room in which the ammunition is stored and accommodation shall be secured from unauthorised access to PAS 24:2016 standard.

GIVEN under my hand,

21 December 2017.

DAVID STANTON,

Minister of State at the Department of Justice and Equality.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Statutory Instrument, in accordance with section 9 (10) (inserted by section 38 of the Criminal Justice Act 2006 (No. 26 of 20006) of the Firearms Act 1925 (No. 17 of 1925), sets out the minimum standards for the premises in which a registered firearms dealer carries on business.