Firearms (Temporary Provisions) Act, 1998

Firearms (Temporary Provisions) Act, 1998 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1998 Firearms (Temporary Provisions) Act, 1998 Firearms (Temporary Provisions) Act, 1998 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 32 of 1998 FIREARMS (TEMPORARY PROVISIONS) ACT, 1998 ARRANGEMENT OF SECTIONS Section 1. Conditions for granting firearm certificates to persons not ordinarily resident in State. 2. Conditions for granting or renewal of licences under section 29 of Wildlife Act, 1976, to persons ordinarily resident outside State. 3. Non-application to certain proceedings. 4. Short title, construction and duration. Acts Referred to Firearms Act, 1925 1925, No. 17 Firearms Act, 1964 1964, No. 1 Firearms Acts, 1925 to 1990 Firearms (Proofing) Act, 1968 1968, No. 20 Wildlife Act, 1976 1976, No. 39 European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations, 1993 S.I. No. 362 of 1993 Number 32 of 1998 FIREARMS (TEMPORARY PROVISIONS) ACT, 1998 AN ACT TO PROVIDE FOR AMENDMENT OF THE PROVISIONS GOVERNING THE LIMITATIONS AND RESTRICTIONS FOR THE GRANTING OF FIREARM CERTIFICATES UNDER SECTION 3 OF THE FIREARMS ACT, 1925 , AND THE GRANTING AND RENEWAL OF HUNTING LICENCES UNDER SECTION 29 OF THE WILDLIFE ACT, 1976 , IN RESPECT OF PERSONS NOT ORDINARILY RESIDENT IN THE STATE, AND TO PROVIDE FOR CONNECTED MATTERS. [13th July, 1998] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Conditions for granting firearm certificates to persons not ordinarily resident in State. 1.—(1) Notwithstanding sections 4 and 8 (as amended by section 17 of the Firearms Act, 1964 ) of the Firearms Act, 1925 , and subject to this section, the Minister, before granting a firearm certificate to a person not ordinarily resident in the State, shall be of the opinion that the application is bona fide and that there is no good reason to refuse to grant the certificate. (2) A firearm certificate shall not be granted to a person not ordinarily resident in the State who has not attained the age of 16 years. (3) The Minister may, for the purpose of establishing that there is no good reason to refuse to grant a firearm certificate, treat any of the following as prima facie evidence of suitability to so grant: (a) where a person is resident in a Member State of the European Community other than the State, any European Firearms Pass duly issued to such person to which paragraphs (4) and (5) of Regulation 7 of the European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations, 1993 ( S.I. No. 362 of 1993 ) relate, or (b) in any case, any other permit, licence, authorisation or other document duly issued by an appropriate authority or body outside the State which the Minister considers acceptable. (4) The Minister may make such enquiries as he or she considers appropriate as to the suitability of any applicant not ordinarily resident in the State for a firearm certificate. (5) The Minister may, as he or she considers necessary, attach such conditions, if any, to any firearm certificate granted to a person not ordinarily resident in the State. (6) The Minister may at any time revoke a firearm certificate granted to a person not ordinarily resident in the State if he or she is of the opinion that the holder of such certificate is a person who cannot, without danger to the public safety or to the peace, be permitted to have a firearm in his or her possession. (7) In this section “the Minister” means the Minister for Justice, Equality and Law Reform. Conditions for granting or renewal of licences under section 29 of Wildlife Act, 1976, to persons ordinarily resident outside State. 2.—(1) Notwithstanding subsection (3) of section 29 of the Wildlife Act, 1976 , and subject to this section, the Minister, before granting a licence under subsection (2), or renewing a licence under subsection (6), of that section to a person ordinarily resident outside the State, shall be of the opinion that the application is bona fide and that there is no good reason to refuse to grant the licence or renew it. (2) The Minister may, for the purpose of establishing that there is no good reason to refuse to grant or renew a licence under section 29 of the Wildlife Act, 1976 , treat any of the following as prima facie evidence of suitability to so grant or renew: (a) where a person is resident in a Member State of the European Community other than the State, any European Firearms Pass duly issued to such person to which paragraphs (4) and (5) of Regulation 7 of the European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations, 1993 ( S.I. No. 362 of 1993 ) relate, or (b) in any case, any other permit, licence, authorisation or other document duly issued by an appropriate authority or body outside the State which the Minister considers acceptable. (3) The Minister may make such enquiries as he or she considers appropriate as to the suitability of any applicant ordinarily resident outside the State for a licence under section 29 of the Wildlife Act, 1976 . (4) In this section “the Minister” means the Minister for Arts, Heritage, Gaeltacht and the Islands. Non-application to certain proceedings. 3.—Where in any proceedings— (a) a court has, before the passing of this Act, made a finding relating to the validity of any firearm certificate granted, or purported to be granted, under section 3 (as amended by the Firearms Act, 1964 , and section 62 of the Wildlife Act, 1976 ) of the Firearms Act, 1925 , or of any licence to hunt with a firearm granted or renewed, or purported to be granted or renewed, under section 29 of the Wildlife Act, 1976 , or (b) a court, after the passing of this Act, makes such a finding and the proceedings concerned were commenced before the passing of this Act, then this Act shall not have effect in relation to such grant, or purported grant, of the certificate or to such grant or renewal, or purported grant or renewal, of the licence, as the case may be. Short title, construction and duration. 4.—(1) This Act may be cited as the Firearms (Temporary Provisions) Act, 1998. (2) The Firearms Acts, 1925 to 1990 (other than the Firearms (Proofing) Act, 1968 ) and this Act (other than section 2 of this Act) shall be construed together as one. (3) The Wildlife Act, 1976 , and this Act (other than section 1 of this Act) shall be construed together as one. (4) Subject to subsection (5) of this section, this Act shall expire on the day that is 12 months after the date of its passing. (5) The Government may, by order made before this Act expires, continue this Act in operation for such period (not exceeding 12 months from the date on which this Act would, but for the order, cease to have effect) as the Government think proper and specify in the order. 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