FIREARMS ACT (as amended) 1925-2006
Amendments from :
1964
1968
1971
1990
2006 |
Section 4A
Authorisation of rifle or pistol clubs or shooting ranges.
4A.—(1) A rifle or pistol
club or the owner or operator of a rifle or pistol shooting range
shall not allow any firearm or ammunition to be used or stored on
the premises of or at the club or shooting range in connection with
target shooting unless an authorisation under this section to do so is
in force.
(2) An application for such an
authorisation shall be made to the Commissioner in the prescribed form
by an officer of the club authorised in that behalf or by the owner or
operator of the shooting range.
(3) The application shall be accompanied by—
(a) the prescribed fee, and
(b) in the case of a shooting range, a firearms range certificate which is in force.
(4) The application form shall contain a copy of any regulations under subsection (13) or of the material part of them.
(5) The applicant shall supply in
writing any further information that the Commissioner may need in
the performance of his or her functions under this Act.
(6) The Commissioner shall grant
an authorisation to the applicant for the use and storage of rifles,
pistols and ammunition on the premises of the club or shooting
range concerned, or on a specified part of those premises, for the
purpose of target shooting only if satisfied—
(a) that their use or storage will not endanger public safety or security or the peace,
(b) that the club or shooting range is responsibly managed, and
(c) in the case of a shooting range, that a firearms range certificate in respect of it is in force.
(7) A decision on the application
shall be given within 3 months from the date on which a completed
application form was submitted.
(8) The Commissioner may at any time by notice in writing—
(a) attach to
the authorisation such conditions as he or she thinks necessary for the
purpose of securing that the operation of the club or shooting
range and the use and storage of rifles, pistols and ammunition on
the premises of or at the club or range concerned does not endanger
public safety or security or the peace,
(b) at any time for that purpose vary any of those conditions, and
(c) require that some or all of them be complied with before a specified date.
(9) An authorisation which is in
force shall continue in force for a period of 5 years from the date on
which it was granted, unless revoked, and for any further such period
or periods for which it may be renewed.
(10) A renewal of an authorisation may be applied for within 3 months before the authorisation ceases to be in force.
(11) The Commissioner may, if no
longer satisfied in relation to any of the matters mentioned in
paragraphs (a) to (c) of subsection (6), revoke the authorisation of
the club or shooting range concerned by notice in writing addressed to
the applicant or the person or persons for the time being responsible
for its management.
(12) On receipt of such a notice
the person or persons so notified shall forthwith surrender to the
superintendent of the district in which the club or range is situated
the authorisation and any rifles, pistols or ammunition stored on its
premises.
(13) The Minister, in consultation
with the Commissioner, may by regulations specify minimum standards to
be complied with by a rifle or pistol club or shooting range before an
authorisation under this section may be granted in respect of it.
(14) The minimum standards shall be
determined—
(a) in the case of a club, by reference to any or all of the following matters:
(i) security of its premises;
(ii) membership;
(iii) management,
(b) in the case of a shooting range, by reference to any or all of the following matters:
(i) security of the range;
(ii) membership;
(iii) management;
(iv) design, construction and maintenance;
(v) types of firearms and ammunition to be used;
(vi) level of competence of persons using the range.
(15) For the purpose of
ascertaining whether conditions attached to an authorisation under this
section are being complied with, a member of the Garda Siochana
authorised in that behalf may, on production if required of the
authorisation or a copy of it, enter any premises occupied or used
by the club or shooting range concerned and inspect the premises and
anything in them.
(16) Any person who by act or
omission impedes or obstructs a member of the Garda Siochana in
the exercise of the member’s functions under subsection (15) of
this section is guilty of an offence and liable on summary conviction
to a fine of €1,000 and imprisonment for a term of 3 months or
both.
(17) The Commissioner shall cause
a register of clubs and shooting ranges for the time being authorised
under this section to be established and maintained.
(18) It is an offence—
(a) for a club or the owner or operator of a shooting range—
(i) to contravene subsection (1) of this section, or
(ii) without reasonable excuse, not to comply with any conditions attached to an authorisation under this section,
(b) for a person not to comply with subsection (12) of this section, or
(c) for a person, without reasonable excuse, to participate in the
activities of such a club or shooting range for which an authorisation
under this section is not in force.
(19) In proceedings against a
person for an offence under subsection (18)(a)(i) of this section it is
a defence to prove that the defendant took reasonable precautions and
exercised due diligence to avoid committing the offence.
(20) A person guilty of an offence under subsection (18) of this section is liable—
(a) on summary
conviction, to a fine not exceeding €2,500 or imprisonment for a
term not exceeding 6 months or both, and
(b) on conviction on indictment, to a fine not exceeding €20,000 or imprisonment for a term not exceeding 7 years or both.
(21) In this section—
“firearms range certificate” means a certificate issued under section 4B(3)(a) of this Act;
“rifle or pistol club” means a club established for the purpose of promoting skill in the use of rifles and pistols for target shooting;
“shooting range” does not include a range or shooting gallery referred to in section 2(4)(e) of this Act.