Citation(s) from the literature library

INPS. 2009 ‘Revocation of Firearms Certificates and Sale or Disposal.’ The Garda Commissioner's Guidelines as to the Practical Application and Operation of the Firearms Acts, 1925-2009; Chapter 2, p. 15. Dublin: An Garda Síochána (Ireland's National Police Service / INPS). 22 October

Relevant contents

Revocation of Firearms Certificates and Sale or Disposal

Section 35 of the Criminal Justice Act 2006, substitutes a new section for section 5 of the Principal Act.

An issuing person may at any time revoke a firearm certificate granted by the person if satisfied that the holder of the certificate:

(a) has not a good reason for having the firearm,
(b) is a person who cannot, without danger to the public safety or security or the peace, be permitted to possess a firearm,
(c) is a person declared by the Act to be disentitled to hold a firearm certificate,
(d) is using the firearm for purposes not authorised by the certificate,
(e) has not complied with a condition attached to the grant of the certificate,
(f) has permitted the holder of a training certificate to carry the firearm while not under the certificate holders' supervision…

Where a firearm certificate is revoked, the issuing person may direct in writing that the holder surrender the firearm or ammunition to the custody of the superintendent of the Garda Síochána of the district where the holder resides, or to another member of the Garda Síochána acting on the superintendent's behalf.

Section 36 of the Criminal Justice Act, 2006 has amended section 6 of the 1925 Act and legislates for a person who is in possession of a firearm or ammunition having had the certificate for that firearm or ammunition revoked. In this situation the following procedures shall apply:

(1) that person shall forthwith deliver the firearm or ammunition to the superintendent of the district where the person resides,
(2) the superintendent shall inform the person in writing of his/her right to dispose of the firearm in any manner not contrary to law.
(3) if, within 3 months, arrangements have not been carried out for its disposal by the person, the superintendent will inform the person in writing that the firearm will be sold or destroyed within a further period of 1 month. The proceeds will be paid to the person.
(4) the superintendent may cause the firearm to be destroyed if the firearm has been offered for sale and not sold, or if of the view that it is unlikely to be sold and shall inform the person in writing of such destruction.

ID: Q8387

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