Citation(s) from the literature library

Ireland. 2009 ‘Possession of a Realistic Imitation Firearm in a Public Place.’ Criminal Justice (Miscellaneous Provisions) Act Number 28 of 2009; Part 4. Dublin: Houses of the Oireachtas. 21 July

Relevant contents

40. The Act of 1990 is amended by the insertion of the following sections after section 9 (as amended by section 39 of this Act):

"Possession of a realistic imitation firearm in a public place."

9A. (1) Where a person, without lawful authority or reasonable excuse (the onus of proving which shall lie on him or her), has a realistic imitation firearm with him or her in any public place, that person shall be guilty of an offence.

(2) A person guilty of an offence under this section shall be liable:
(i) on summary conviction to a fine not exceeding 5,000 or to imprisonment
for a term not exceeding twelve months or to both, or
(ii) on conviction on indictment, to a fine or to imprisonment for a term not
exceeding five years or to both.

(3) In this section "public place" includes any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise, and includes any club premises and any train, vessel or vehicle used for the carriage of persons for reward.

(4) In this section and in sections 9B to 9G "realistic imitation firearm" means a device that appears to the ordinary observer so realistic as to make it indistinguishable from a firearm.

ID: Q1569

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