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Weapons and Ammunition) (Amendment) Regulations 2010. S.I. No. 493/2010 - European Communities (Acquisition and Possession
Weapons and Ammunition) (Amendment) Regulations 2010. AmendmentsLeasuithe Download PDF Íoslódáil PDF Notice
the making
this Statutory Instrument was published in “Iris Oifigiúil”
19th October, 2010. I, DERMOT AHERN, Minister for Justice and Law Reform, in exercise
the powers conferred on me by section 3
the European Communities Act 1972 (No. 27
1972) and for the purpose
giving effect to Directive 2008/51/EC
the European Parliament and
the Council
21 May 20081 , hereby make the following regulations: Citation, construction, collective citation and commencement 1.
Weapons and Ammunition) (Amendment) Regulations 2010.
Weapons and Ammunition) Regulations 1993 to 2010.
Weapons and Ammunition) Regulations 1993 ( S.I. No. 362
1993 ). Amendment
Regulation 2
Principal Regulations 3.
the Principal Regulations is amended— (a) by inserting the following definitions: “ ‘ammunition to which the Directive applies’ means ammunition within the meaning
paragraph
the Directive; ‘deactivated’ shall be construed in accordance with point (a)
Annex I to the Directive; ‘essential component’, in relation to a firearm to which the Directive applies, has the meaning it has in paragraph
the Directive; ‘firearm to which the Directive applies’ means a firearm within the meaning
paragraph
the Directive; ‘PULSE identification number’ means the 4 digit identification number issued to a firearms dealer by the Commissioner and, in relation to the manufacturer
a firearm to which this Directive applies, means such a number that has been issued to that manufacturer.”, (b) by substituting the following definition for the definition
“the Directive”: “ ‘the Directive’ means Council Directive 91/477/EEC
18 June 19912 on control
the acquisition and possession
weapons, as amended by Directive 2008/51/EC
the European Parliament and
the Council
21 May 20081, and includes Articles 10 and 11
Council Directive 93/15/EEC
5 April 19933 on the harmonisation
the provisions relating to the placing on the market and supervision
explosives for civil uses;”, (c) by substituting the following definition for the definition
“the Firearms Acts”: “ ‘the Firearms Acts’ means the Firearms Acts 1925 to 2009, and any Act or provision
an Act to be construed as one with those Acts;”, and (d) by deleting the definition
“firearms dealer”.
the Principal Regulations is amended by adding the following paragraph after paragraph
section 9
Act 4.
the Act to be registered in the register
firearms dealers or, as the case may be, for renewal
such registration, shall state whether he or she intends to carry on business as a dealer in firearms to which the Directive applies.
the Act, to the applicant’s abilities.
the Act to the character
the applicant shall be construed as a reference to the character
the director
the body corporate and to the reputation
the body corporate, and (b) the reference in paragraph
the director
the body corporate.
the Act, to register the applicant in the register
firearms dealers, the registration shall be made subject to the condition that the person shall not deal in firearms to which the Directive applies.
the Act shall apply to him or her as if the condition was a condition referred to in section 9
the Act.
, and ability to comply with, the requirements
the Firearms Acts. Amendment
Regulation 3
Principal Regulations 5. The Principal Regulations are amended by substituting the following Regulation for Regulation 3: “Maintenance
register kept by firearms dealers 3.
his or her activity as a firearms dealer, enter and retain in the register kept by him or her under section 12
the Act the following information in relation to the transactions referred to in that section— (a) the type, make, model, calibre and serial number
all firearms to which the Directive applies and to which a transaction relates, and (b) the names and addresses
the persons supplying or acquiring such firearms.
the Act.”. Insertion in Principal Regulations
Regulations 3A and 3B 6. The Principal Regulations are amended by inserting the following Regulations after Regulation 3: “Marking
firearms to which Directive applies placed on market 3A.
a firearm to which the Directive applies shall ensure that, at the time
its manufacture, such a firearm is marked with a unique marking which shall comprise the particulars specified in Part 1
Schedule 2.
import onto the Community market
a firearm to which the Directive applies, that firearm shall be marked with a unique marking which shall comprise the particulars specified in Part 2
Schedule 2.
the firearm concerned, the destruction
which would render that firearm unusable.
the manufacturer’s trademark.
ammunition to which Directive applies placed on market 3B. No person shall place on the market any ammunition to which the Directive applies, unless each elementary package
complete ammunition is marked so as to provide the name
the manufacturer, the identification batch number, the calibre and the type
the ammunition.”. Amendment
Regulation 4
Principal Regulations 7. The Principal Regulations are amended by substituting the following Regulation for Regulation 4: “Application for firearms training certificate or firearm certificate in respect
firearm to which Directive applies 4.
a firearm to which the Directive applies shall, where the applicant is under 18 years
age, be accompanied by the written consent
the applicant’s parent or guardian.
a firearm to which the Directive applies to an applicant unless the Commissioner is satisfied that the possession and use
the firearm is not likely to be a danger to the applicant himself or herself.
a firearm to which the Directive applies shall, where the applicant is under 18 years
age, be accompanied by the written consent
the applicant’s parent or guardian.
a firearm to which the Directive applies to an applicant unless the issuing person is satisfied that the possession and use
the firearm is not likely to be a danger to the applicant himself or herself.”. Insertion in Principal Regulations
Regulation 4A 8. The Principal Regulations are amended by inserting the following Regulation after Regulation 4: “Restriction on sale
firearm to which Directive applies 4A. It shall not be lawful for any person to sell a firearm to which the Directive applies to a person under 18 years
age.”. Amendment
Regulation 6
Principal Regulations 9. Regulation 6
the Principal Regulations is amended— (a) in paragraphs
transfer
a firearm, communicate to the Minister the following particulars: (a) the names and addresses
the person selling or disposing
the firearm and
the person purchasing or acquiring it or, where appropriate,
the owner; (
firearms to be consigned or transported; (d) the particulars enabling the firearm to be identified and also an indication that the firearm has undergone a check in accordance with the Convention
1 July 1969 on the Reciprocal Recognition
Proofmarks on Small Arms; (e) the means
transfer; (f) the date
departure and the estimated date
arrival.”. Amendment
Regulation 7
Principal Regulations 10. Regulation 7
the Principal Regulations is amended— (a) in paragraph
Regulation 9
Principal Regulations 11.Regulation 9
the Principal Regulations is amended— (a)in paragraph
a firearm to which the Directive applies” after “Firearms Acts”, (c)in paragraph
” for “relating to”, (e)in paragraph
” for “relating to”, and (f)by substituting the following paragraph for paragraph
subparagraph (c), the maximum period for the duration
a European Firearms Pass is 5 years.”. Amendment
Regulation 10
Principal Regulations. 12.Regulation 10
the Principal Regulations is amended in paragraphs
” for “relating to” in each place where it occurs. Amendment
Regulation 11
Principal Regulations. 13.Regulation 11
the Principal Regulations is amended in paragraph
” for “relating to”. Amendment
Regulation 13
Principal Regulations. 14.The Principal Regulations are amended by substituting the following Regulation for Regulation 13: “13.
an
fence and is liable— (
these Regulations other than those referred to in paragraph
an
fence and is liable— (
fence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or connivance
, or to be attributable to any wilful neglect on the part
, any person, being a director, manager, secretary or other
ficer
the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty
an
fence and shall be liable to be proceeded against and punished as if he or she were guilty
the first-mentioned
fence.
a body corporate are managed by its members, paragraph
a member in connection with the functions
management as if the member is a director or manager
the body corporate.
fence under these Regulations may be brought and prosecuted by the Minister.”. Amendment
Schedule to Principal Regulations. 15. The Schedule to the Principal Regulations is amended by— (
: (a) the name
the manufacturer; (b) the name
the State; (c) the PULSE identification number
the manufacturer; (d) the unique serial number
the firearm; and (e) the year
manufacture (if not part
the serial number). Example: Alfa Firearms Limited IRELAND 9999 001/2010 Part 2 Where the State is the place
import onto the Community market
a firearm to which the Directive applies, the unique marking shall comprise a human readable identification consisting
: (a) the name
the manufacturer; (b) the name
the country or place
manufacture; (c) the unique serial number
the firearm; and (d) the year
manufacture (if not part
the serial number). Example: Alfa Firearms Limited NAME
COUNTRY/PLACE
MANUFACTURE 001/2010”. GIVEN under my
ficial Seal, 14 October 2010. DERMOT AHERN, Minister for Justice and Law Reform. EXPLANATORY NOTE (This does not form part
the Instrument and does not purport to be a legal interpretation.) These regulations give effect to Directive 2008/51/EC
the European Parliament and
the Council
21 May 2008 amending Council Directive 91/477/EEC on the control
the acquisition and possession
weapons. 1 OJ No. L179, 08.07.08, p05-
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