22/07/1925: Firearms Act, 1925


DEPARTMENT OF JUSTICE.FIREARMS ACT, 1925 REGULATIONS MADE BY THE MINISTER FOR JUSTICE PURSUANT TO SECTION 27 (1) OF THE FIREARMS ACT, 1925 .

FIREARMS REGULATIONS, 1925.

WHEREAS by Section 27, Sub-section (1) of the Firearms Act, 1925 , it is, inter alia, enacted that the Minister for Justice may make regulations for carrying the said Act into effect and, in particular, may, by such regulations, prescribe the forms of firearm certificates and of permits to be issued under the Act and of the register to be kept by registered firearms dealers and also any other matter or thing which is in the Act referred to as prescribed or to be prescribed:

NOW, I, Caoimhghín O h-Uigín, Minister for Justice, by virtue of the powers conferred upon me by Section 27, Sub-section (1) of the Firearms Act, 1925 , and of all other powers enabling me in this behalf, do hereby make the following regulations:—

1. Every person desiring to obtain a firearm certificate shall fill and complete a form of application therefor, which shall be in accordance with such modification of Form 1 in the Schedule hereto as may be suitable. Save when the applicant does not ordinarily reside in Saorstát Eireann such form, when completed, shall be given, together with the appropriate fee, to the Sergeant of the Gárda Síochána of the Sub-District in which the applicant resides, and shall be transmitted by such Sergeant to the Superintendent for the District. Where the applicant does not ordinarily reside in Saorstát Eireann, the form, when completed, shall be forwarded with the appropriate fee, to the Secretary, Department of Justice, Upper Merrion Street, Dublin. In the event of such application being refused, the fee so paid by the applicant, shall be returned to him.

2. A Firearm Certificate shall be in accordance with such modification of Form 2 in the Schedule hereto as may be suitable. The holder of such certificate shall sign his name to same at the time of its being given to him by a member of the Gárda Síochána, or in the case of a Firearm Certificate granted under the provisions of Section 3, Sub-section (2) of the Firearms Act, 1925 , immediately upon the receipt by him of such certificate.

3. In the event of a firearm, in respect of which a firearm certificate is sought, having no makers' number or other distinguishing mark impressed thereon, the applicant shall cause such number as may be prescribed by the Minister for Justice or Superintendent, as the case may be, issuing the firearm certificate, to be impressed on such part of the firearm as the Minister or such Superintendent may direct.

4. A revocation of a firearm certificate shall be in accordance with such modification of Form 3 in the Schedule hereto as may be suitable. Such revocation shall be prepared in duplicate, one copy being given to the person whose certificate is revoked and the other retained by the Superintendent revoking.

5. A permit to bring a firearm ashore for repairs shall be in accordance with such modification of Form 4 in the Schedule hereto as may be suitable.

6. The register of firearms dealers shall be in accordance with such modification of Form 5 on the Schedule hereto as may be suitable.

7. Any person desiring to be registered as a firearms dealer, save those registered under the Firearms (Temporary Provisions) Act, 1924 , as continued by the Firearms (Temporary Provisions) (Continuance) Act, 1925 , shall lodge with the Sergeant of the Gárda Síochána for the Sub-District in which the applicant carries on his business, an application, which shall set out (a) the name and address of the applicant ; (b) the intention of the applicant to carry on business as a firearms dealer in Saorstát Eireann ; (c) the situation of the premises in which it is intended to carry on such business ; (d) what business, if any, is already carried on in the premises ; (e) the names and addresses of any registered firearms dealers in the neighbourhood in which the applicant proposes to carry on business ; and (f) the facts upon which the applicant relies as showing the necessity from the point of view of public convenience of the registration of an additional firearms dealer in the neighbourhood. Upon such applicant receiving notfication that his application for registration has been granted he shall forward to the Secretary, Department of Justice, Upper Merrion Street, Dublin, the fee of £1 which is prescribed by the Finance Act, 1925 , when he shall be registered as a firearms dealer and shall receive a certificate of such registration.

8. A person who is registered as a firearms dealer under the Firearms (Temporary Provisions) Act, 1924 , as continued by the Firearms (Temporary Provisions) (Continuance) Act, 1925 , and who desires to be registered as a firearms dealer under the Firearms Act, 1925 , shall make application for such purpose to the Secretary, Department of Justice, Upper Merrion Street, Dublin, enclosing with his application the fee of £1 which is prescribed by the Finance Act, 1925 . When such application and fee have been received, the applicant shall be registered as a firearms dealer and a certificate of such registration forwarded to him.

9. A certificate of registration as a firearms dealer shall be in accordance with such modification of Form 6 in the Schedule hereto as may be suitable.

10. A person registered as a firearms dealer and who desires a renewal of such registration shall, within one month before the expiration of his existing registration or renewal, make application therefor in writing to the Secretary, Department of Justice, Upper Merrion Street, Dublin, and shall transmit with such application the appropriate fee of £1. Upon the receipt of such application and fee, the registration of the applicant shall be renewed and a renewal certificate, which shall be in accordance with such modification of Form 7 in the Schedule hereto, as may be suitable, shall be issued to such applicant.

11. A certificate of the removal by the Minister for Justice of the name of any registered firearms dealer from the register shall be in accordance with such modification of Form 8 in the Schedule hereto as may be suitable. Such certificate shall be prepared in triplicate, one copy being retained in the Department of Justice, another transmitted to the firearms dealer whose name has been so removed, or to the person carrying on business in the premises of such registered firearms dealer, and the third copy forwarded to the Superintendent of the Gárda Síochána of the District in which the firearms dealer whose name has been so removed, carried on business.

12. The registers to be kept by a registered firearms dealer of all purchases, hiring, sales, repairs, and other transactions of or in relation to firearms or ammunition made by him shall be in accordance with such modification of Forms 9 (a) and 9 (b) in the Schedule hereto as may be suitable.

13. An authorisation by a Superintendent of the Gárda Síochána for export from Saorstát Eireann or for removal from one place to another in Saorstát Eireann of any firearm or ammunition shall be in accordance with such modification of Form 10 in the Schedule hereto as may be suitable. In the case of the removal of any firearm or ammunition from any one place to another within Saorstát Eireann the authorisation by the Superintendent of the Gárda Síochána of the District from which such firearm or ammunition is consigned for removal shall be prepared and signed by him in duplicate, one copy being given to the consignor making the application, and the other to the Superintendent of the Gárda Síochána of the District into which such firearm or ammunition is being removed. The authorisation so granted to the consignor shall be affixed by him in some conspicious place to the box, packet or parcel containing the firearm or ammunition, the export or removal of which is so authorised.

14. Any person desiring to obtain an occasional licence to import, shall make application for such licence to the Secretary, Department of Justice, Upper Merrion Street, Dublin. Such application shall specify the name and address of the applicant; the class of firearm or ammunition desired to be imported; the port of importation; and particulars of any firearm certificate held by the applicant. An occasional licence to import firearms or ammunition shall be in accordance with such modification of Form 11 in the Schedule hereto as may be suitable, and shall be subject to the conditions endorsed thereon.

15. A person desiring to obtain a continuing licence to import a firearm or ammunition shall make application to the Secretary, Department of Justice, Upper Merrion Street, Dublin, setting out the name, address and place of business of the applicant; the nature of the firearms and/or ammunition desired to be imported on such licence; the port or ports of importation; and any special grounds upon which the applicant relies, which from the point of view of public convenience, would warrant the issue of a continuing licence. Such continuing licence shall be in accordance with such modification of Form 12 in the Schedule hereto as may be suitable and shall be prepared in triplicate, one copy being given to the applicant, another transmitted to the Revenue Commissioners and the third retained in the Department of Justice. Such licence shall be subject to the conditions endorsed thereon.

16. Any registered firearms dealer importing firearms or ammunition into Saorstát Eireann for sale and distribution to other registered firearms dealers shall on Monday of each week make a return to the Secretary of the Department of Justice of all firearms and ammunition so sold and distributed by him to other registered firearms dealers during the previous week.

17. A revocation by the Minister of a continuing licence shall be in accordance with such modification of Form 13 in the Schedule hereto as may be suitable.

18. A search order to be issued by a Superintendent of the Gárda Siochána shall be in accordance with such modification of Form 14 in the Schedule hereto as may be suitable. Such search order shall be made out in duplicate, and the person or persons whose premises are searched under same shall be entitled on demand to receive a copy thereof.

19. These regulations may be cited as the Firearms Regulations 1925.

20. These Regulations shall come into operation on the 1st day of August, 1925.

Given under my hand and seal this 22nd day of July, 1925.

AIRE DLI AGUS CIRT.

SCHEDULE.

I.

SAORSTÁT EIREANN.

FIREARMS ACT, 1925 .

APPLICATION FOR FIREARM CERTIFICATE

To

The Superintendent of the Gárda Síochána

at.......................................................

or

The Secretary,

Department of Justice,

Upper Merrion Street, Dublin.

I,            of               hereby make application to you for a firearm certificate authorising me to have in my possession, use and carry (describe particular firearm for which certificate is required, specifying maker's name, and state number impressed on firearm or if no number impressed state so) and to purchase and use in such firearm during the currency of such certificate,      cartridges (or rounds of ammunition) not having more than      cartridges (or rounds of ammunition) in my possession at any one time.

(For application by Farmer for shot gun certificate limited to the killing of animals or birds other than game on his own land, add):

"I am in the occupation of a farm (or farms) of land at     and I intend to use the firearm for which I apply for this certificate only for killing animals or birds other than game on my said farm (or farms) at                 "

(For application by person who is already the holder of a £2 firearm certificate for a shot gun, add):

"I already hold a £2 firearm certificate No.     in respect of another shot gun (or I have already applied for a £2 firearm certificate in respect of another shot gun, maker's name  No.    "

(For application by person not ordinarily resident in Saorstát Eireann add:

"I intend to use the shotgun in respect of which this application is made for shooting purposes at                       "

Dated this    day of      19  .

     Signed,           Applicant.

II

SAORSTÁT EIREANN.

FIREARMS ACT, 1925 .

FIREARM CERTIFICATE.

SAORSTÁT EIREANN.

FIREARMS ACT, 1925 .

FIREARM CERTIFICATE,

Class of firearm

Maker's name

Maker's number or Number prescribed by Superintendent.

No.

No.

Issued to

of

Occupation

is hereby authorised to have in his possession, use and carry (specify class of firearm)

Residence

and to purchase not more than   cartridges (or rounds of ammunition) therefor, provided that he shall not have in his possession or carry at any one time more thancartridges or ammunition.

to have

(Description of firearm)...............................

(When certificate is granted for limited use of firearms, add: " The firearm in respect of which this certificate is issued may only be used by the holder for killing animals or birds other than game on the farm occupied by him at ".)

 Date and details of ammunition (to be filled in and initialled by the registered firearms dealer immediately on purchase).

If limited to use on lands of holder state situation of lands..........................................

Maker's name

Maker's number

(When certificate for a shot gun is granted to a person who already holds a £2 firearm certificate for another shot gun, add : " The holder of this certificate holds a £2 firearm certificate (No.. . . . . . ) in respect of another shot gun.")

or

Number prescribed by Superintendent.

..........Cartridges or rounds of ammunition.

This certificate is valid until the 3lst day of July, 19 .

.............Maximum number of cartridges or rounds of ammunition to be in possession of holder at any one time.

Dated at

on the      day of        9 .

 Number of £2 Certificate held by holder in respect of another shot gun.

Signed............................................................ ...............

The total quantity of cartridges which the holder is authorised to purchase is hereby increased by

Superintendent of the Gárda Síochána

Dated at

or

on the    day of      19.

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Signature,........................................................

for the Minister for Justice.

Signed,............................................................ ................

Superintendent of the Gárda Síochána.

Signature of holder........................................................

Superintendent.

day of           19 .

III.

FIREARMS ACT, 1925 .

REVOCATION OF FIREARMS CERTIFICATE.

I,              of              

Superintendent of the Gárda Síochána of the District in which

             of              holder of Firearm Certificate No.             resides, being satisfied that the said              (set out)         "has no good reason for requiring the firearm to which the said Certificate relates," or

"is a person who cannot, without danger to the public safety (or to the peace) be permitted to have a firearm in his possession," or

"is a person who is declared by the Firearms Act, 1925 , to be disentitled to hold a Firearm Certificate," or

"is using the firearm to which said Firearm Certificate relates for purposes not authorised by the said Certificate,"

do hereby revoke the said Firearm Certificate No.             granted to the said

Dated this      day of            19 .

Signed, ........................................................

Superintendent of the Gárda Síochána.

No.........

IV.

SAORSTÁT EIREANN.

SAORSTÁT EIREANN.

FIREARMS ACT, 1925 .

No.........

PERMIT.

FIREARMS ACT, 1925 .

To whom granted:—

PERMIT TO BRING FIREARM ASHORE.

Name

Occupation

I,     of         Superintendent of the Gárda Síochána, do hereby authorise and permit    of the S.S. . . . . . . . . . . . . . . . . . . . . to bring a (describe firearm setting out maker's name and any maker's number or other distinguishing mark) ashore in Saorstát Eireann for the purpose of repair, and to have such firearm repaired at (set out name and address of registered firearms dealer).

Name of Ship

Description of Firearm:—

Maker's Name

Maker's Number

This permit shall remain in force for one month and no longer from this date.

Place of repair:—

Name of Registered

Dated this     day of        19 .

Firearms Dealer

Address

Date

Signed,.......................................................

............................................................ ...........

Superintendent.

Superintendent, Gárda Síochána.

V.

SOARSTÁT EIREANN FIREARMS ACT, 1925 .

REGISTER OF FIREARMS DEALERS.

Name and Address of registered dealer.

Situation of Premises in which business of registered firearms dealer is carried on.

Date of First Registration.

Dates of Renewals of Registration.

Record of Convictions for breaches of the Firearms Act and Revocation of Licence.

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VI.

FIREARMS ACT, 1925 .

CERTIFICATE OF REGISTRATION OF A FIREARMS DEALER.

This is to certify that

of                      carrying on business at                       has been duly registered as a Firearms Dealer on the     day of      19  .

This Certificate is valid until the    day of        19 .

Dated this    day of        19  .

Signed,............................................................ ....

       For Minister for Justice.

VII.

SAORSTÁT EIREANN.

FIREARMS ACT, 1925 .

CERTIFICATE OF RENEWAL OF REGISTRATION OF A FIREARM DEALER.

This is to certify that the registration of    of  carrying on business at   as a Firearms Dealer, has been renewed on the   day of    19 .

This Certificate is valid until the  day of       19  .

Dated this   day of     19 .

Signed,........................................................

     for Minister for Justice.

VIII.

SAORSTÁT EIREANN.

FIREARMS ACT, 1925 .

ORDER BY MINISTER FOR REMOVAL OF NAME OF REGISTERED FIREARMS DEALER FROM REGISTER.

The Minister for Justice, at the request of     

of                a registered Firearms Dealer

(or being satisfied that       

of              a registered Firearms Dealer

"No longer carries on business as a firearms dealer," or

"No longer has a place of business as such firearms dealer in Saorstát Eireann," or

"Cannot any longer be permitted to carry on the business of firearms dealer without danger to the public safety (or 'to the peace')" or

"Has been convicted by a Court of competent jurisdiction of an offence under the provisions of the Firearms Act, 1925 ,"

hereby orders that the name of the said              be

removed from the register of Firearms Dealers

Dated this       day of        19  .

Signed,............................................................ ...

for Minister or Justice.

IX. (a)

SAORSTÁT EIREANN.

FIREARMS ACT, 1925 .

REGISTER TO BE KEPT BY REGISTERED FIREARMS DEALER OF SALES AND HIRINGS.

Date of Transaction.

Description and number of Firearms sold or hired specifying maker's name and number. If only hired, state so.

Description and quantity of Ammunition sold.

Name and Address of person to whom sold or hired.

If sale or hiring to person other than Registered Firearms dealer, No. of Firearm Certificate held by the person to whom sold or hired.

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IX. (b)

SAORSTÁT EIREANN.

FIREARMS ACT, 1925 .

REGISTER TO BE KEPT BY REGISTERED FIREARMS DEALER OF PURCHASES AND REPAIRS.

Date of Transaction.

Description and number of Firearms purchased or received for repairs specifying maker's name and number. If only received for repair, state so.

Description and quantity of Ammunition purchased.

From whom purchased or received for repair.

In the case of a firearm purchased or received for repair from a person other than a registered Firearms Dealer or Manufacturer, state No. of Firearm Certificate or Permit held by such person.

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X.

FIREARMS ACT, 1925 .

AUTHORISATION FOR EXPORT OR REMOVAL.

No.........

I,              of           

Superintendent of the Gárda Síochána, do hereby authorise and permit

           of

to export from Saorstát Eireann to       

(or to remove from        to the premises of

at        ), within a period of       from this date,

the following firearms and/or ammunition (specify fully firearms or ammunition consigned for export or removal).

Dated this       day of       19 .

Signed,............................................................ ................

Superintendent, Gárda Síochána.

XI.

SAORSTÁT EIREANN.

FIREARMS ACT, 1925 .

FIREARM AND AMMUNITION.—OCCASIONAL IMPORTATION LICENCE.

No . . . . . . . .

Department's Official

Department of Justice Registry No.. . . . . .. .

Stamp.

Licensee's Name

Licensee's Calling

Licensee's Address

Place of Importation

The Minister for Justice hereby grants to the person above-named, as licensee, this Occasional Licence, authorising him to import at the above-named place, on the conditions endorsed hereon, 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 for one month from this date and only for the person above-named as licensee.

Signed............................................................ ........................

              for Minister for Justice.

       day of              192 .

N.B.—This licence is not valid unless it bears the official stamp of the Department of Justice.

SCHEDULE.

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

CONDITIONS.

1. No Firearms or Ammunition shall be imported under this licence, at any 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 the Gárda Síochána in Saorstát Eireann, or by any Officer of the Revenue Commissioners, produce to him this licence and furnish such Inspector or Officer with the means necessary 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, and the said Form (duly filled up) shall be forthwith returned to the Secretary, Department of Justice. Such particulars shall include the name or names of the places at which the goods are deposited, and the quantity of goods so deposited at each such place.

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

SAORSTÁT EIREANN

FIREARMS ACT, 1925

FIREARMS AND AMMUNITION.—PARTICULARS OF IMPORTATION

This Form to be filled up as soon as the Importation has been effected, and returned forthwith to the Secretary, Department of Justice, Merrion Street, Dublin.

Licence under which the importation is made

Port or place of Importation

Name of Ship or Boat in which the Importation is made

Date of Arrival

Name and Address of

Port or Place at which the Goods were shipped

Nature of Goods imported

Quantity of the Goods imported

Where Goods will be stored prior to distribution

No.

Date

Consignor

Manu- facturer

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Signature of Licensee....................................................

Address of Licensee...................................................

Date...........................................

XII.

FIREARMS ACT, 1925 .

FIREARM AND AMMUNITION.—CONTINUING IMPORTATION LICENCE.

No.........

Department's Official

Department of Justice Registry No..............

Stamp.

Licensee's Name

Licensee's Calling

Licensee's Address

Place or Places of Importation

The Minister for Justice hereby grants to the person above-named as licensee this Continuing Licence, authorising him to import at the above-named place or places on the conditions endorsed hereon, subject to the provisions of the said Act, and the regulations made thereunder, firearms and ammunition not exceeding in amount (specify amount and description of firearms and ammunition       )

This licence is valid for a period of       from this date and only for the person above-named as licensee, and may be revoked or modified at any time.

Signed............................................................ .....................

              for Minister for Justice.

    day of              192 .

N.B.—This Licence is not valid unless it bears the official stamp of the Department of Justice.

SCHEDULE.

Particulars of Firearms and Ammunition imported under this licence and place or places where deposited together with quantity of firearms or ammunition in each such place.

CONDITIONS.

1. No Firearms or Ammunition shall be imported under this licence, at any place other than the place or places 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 the Gárda Síochána in Saorstát Eireann, or by any Officer of the Revenue Commissioners, produce to him this licence and furnish such Inspector or Officer with the means necessary 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 any goods have been received, the particulars of the importation of same shall be inserted in the above Schedule and in two of the Forms hereto attached, and such Forms (duly filled up) shall be forthwith transmitted, one to the Secretary, Department of Justice, and the other to the Superintendent of the Gárda Síochána of the District in which the Licensee resides or carries on business.

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

Forms to be attached as in XI.

XIII.

SAORSTÁT EIREANN.

FIREARMS ACT, 1925 .

REVOCATION BY MINISTER OF CONTINUING IMPORTATION LICENCE.

The Minister for Justice hereby revokes the Continuing Importation Licence No.       granted on the              day of        

     19.       to       of       

Dated this       day of       19.

Signed............................................................ .........................

              for Minister for Justice.

XIV.

SAORSTÁT EIREANN.

FIREARMS ACT, 1925 .

SEARCH ORDER.

I,              of              Superintendent of the Gárda Síochána being of opinion that an offence under the Firearms Act, 1925 has been (or is being or is about to be committed) at (specify place or premises) do hereby authorise (set out names and ranks of members of Gárda Síochána who are to execute order) to enter the place (or premises) of

at       and if need be by force, and to search and inspect said place (or premises), and to take the names and addresses of any persons found therein (if the premises are premises of a firearms dealer, add: "and to seize any books and papers relating to the business of firearms dealer carried on by the said        )."

And I do further authorise the said members of the Gárda Síochána or any of them to arrest without warrant any person found in the above-mentioned place (or premises) whom such members or member of the Gárda Síochána may have reason to believe to be guilty of an offence under the Firearms Act, 1925 .

Dated this       day of       19 .

    at       o'clock       m.

Signed,............................................................ .........

       Superintendent, Gárda Síochána.