Firearms Acts 1925-2006

It wasn't me!

IRLConor wrote: »

The SI that covers Article 7s is S.I. No. 362/1993 — European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations, 1993. You want to read Regulation 9 (2) of that SI. An "Article 7 Authority" is the document referred to in 9 (2) (a) (ii). Your Super might be mixing it up with the document described in 9 (2) (b).

The SI implements Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons which might be useful reading too.

Excellent, thanks Conor, I'll get working through that lot after lunch.

fat-tony

It wasn't me! wrote: »

Hmm, doing my bit of legal reading at the moment, as my Super is refusing me an Article 7 unless I give him exact details of what I want to import and from where, while I was under the impression that it was something of a blanket licence to import in respect of a particular firearm.

Firstly, I'm having trouble locating the appropriate S.I. at the moment, which I'll need to talk to the local Sergeant and see what he thinks, and secondly, was reading through rrpc's amalgamated act and found section 17>4B, which seems to suggest the licence for importation comes from the Minister, and that it's not an entitlement, as I had believed. Can anyone clarify what should be happening here for me?

Hi IWM.

The Article 7 is an authority to purchase or acquire a firearm from another state in the E.C. and is completed by your Super in the Garda District Office. I went through this process last year for a Walther GSP target pistol importation. The Article 7 contains the details of your certificate for the particular firearm, your Pulse ID, name address etc. Also on the Article 7 is the member state you are importing from and the reason for your importation of the particular firearm. So, nothing sinister in the Super's request. The Article 7 then goes to the DoJ for an Article 11 which is the licence for importation.

It wasn't me!

fat-tony wrote: »

Hi IWM.

The Article 7 is an authority to purchase or acquire a firearm from another state in the E.C. and is completed by your Super in the Garda District Office. I went through this process last year for a Walther GSP target pistol importation. The Article 7 contains the details of your certificate for the particular firearm, your Pulse ID, name address etc. Also on the Article 7 is the member state you are importing from and the reason for your importation of the particular firearm. So, nothing sinister in the Super's request. The Article 7 then goes to the DoJ for an Article 11 which is the licence for importation.

I'm considering importing ammunition though, and understood that the Article 7 was granted in respect of a firearm cert for purposes such as this. From reading the relevant S.I. I also get the information

9. (1) The European Firearms Pass shall be set out in the form in the Schedule to these Regulations.


(2) ( a ) Where a person is granted, or is the holder of, a firearm certificate under the Firearms Acts, he shall be entitled to be issued by the Superintendent of the Garda Síochána for the district in which he resides with—


(i) a European Firearms Pass containing the required particulars; and


(ii) a document stating that the holder of the firearm certificate has the consent of the competent authority of the State, for so long as the certificate remains in force, to any purchase or acquisition by him in another Member State of any firearm or ammunition to which the certificate relates; and an application for the issue of a document falling within clause (i) or (ii) may be made at the same time as an application for a firearm certificate or at any time subsequently while the certificate remains in force.

So, as far as I can read, the Article 7 has to be granted, no?

fat-tony

A European Firearms Pass and an Article 7 are both provided on request. After all - you have been granted a cert. for the relevant firearm - haven't you.
It would be somewhat disingenuous for the Super to grant you the firearms cert. in the first place and then refuse you the authority to apply for an import licence via the Article 7;)

PS - ammunition importation may be somewhat stickier, though. Your firearms cert. will probably limit you in quantity and the transportation charges for small quantities will be out of proportion to their value. Ammunition has to travel by surface transport, lots of pain involved I expect, but I'm sure someone who is more familiar with ammunition purchases will be along sometime soon to enlighten

It wasn't me!

Thanks very much Tony.

mrgarvey

hi guys would the AA 12 shotgun be covered under this firearms act or would it simply fall under the "i dont like the look of that yoke" act applied at most garda stations. This is a serious question in case anyone is wondering i think it would be rather useful for clay shooting at a higher competition level albeit at close range. I own 2 mossberg 500 pumps and the AA 12 is definatly on my wish list

many thanks

Grizzly 45

It will come under the totally illegal to own anywhere in the EU category!

It's a full auto weapon only!:(You would even have a job owning it in the USA as [1] it is military /LEO sales only[2]It is a new machine gun,so that rules civvie ownership out as well,under the McClure/Volkmer Act and [3] they are absolutely daft money.
If you need a higher mag capacity for clay busting,[although what type of clay shooting you do,I would be intrested in knowingthat needs that amount of ammo ]get a remmy 870 pump or 1100 and bolt on a mag extension.Much faster and point better .If you are dead set on a box loader try for a saiga12.

rrpc

On it's first birthday, I've given my rollup of the Firearms Acts 1925 to 2007 a birthday present of a little bit more usability.

I've highlighted all the uncommenced sections of the 2006 act (as far as I can make out, all the 2007 act was commenced except those sections that were amendments of uncommenced sections of the 2006 act ).

All your questions answered yet again*

Firearms Acts 1925 to 2007





*if you're bored enough

Thanks to BornToKill for pointing out that it was section 38 rather than section 28 that was commenced on 1st January 2008. Corrections are now included in the amended version above.

Sparks

Unstickied after the new Criminal Justice (Misc.Provisions) Act 2009 was signed into law; we'll set up a new thread in its place.

rrpc

Just an update so that people know exactly what's being commenced or has yet to be commenced:

2006 Act:

Section 28 - Firearms training certificate - now commenced
Section 30 - Three year licence and lots more - now commenced (see 2009 38)
Section 32 - Conditions of grant of FAC
Section 33 - Authorisation of ranges
Section 40 - Reloading - Repealed (see 2009 39)
Section 42 - Possession of firearms with intent - not sure if this is commenced or not.

2009 Act:

Section 23 - Definitions
Section 24 - Amendment to section 2
Section 25 - Prohibited firearms and ammunition
Section 26 - Roll out of 3 year licence - This must be commenced to send out renewals.
Section 27 - Minister/Commissioner's guidelines
Section 28 - Broken down into:
---> Section 3B - Payment of fees
---> Section 3C - Arrangements for payment
---> Section 3D - 'Banning' of certain pistols.
Section 29 - Banning of practical shooting
Section 30 - Tax clearance certificates
Section 31 - Banning of personal imports
Section 32 - Outscourcing of fee collection
Section 33 - Banning of personal imports - repeal of 1964 21
Section 34 - Amendment to 1990 act wrt fines
Section 35 - Airsoft and imitations
Section 36 - Power of search without warrant
Section 37 - Visitor licence restricted to 1 year
Section 38 - Amendments to 2006 30 - this is commenced
Section 39 - Repeal of 2006 40 (reloading)

Just a note on reloading: This is being transferred to the Explosives Act which is why it's being removed from the firearms act. The Explosives Act is due some time next year.

rrpc

thanks to BorntoKill, I have to make some amendments here due to reading the earlier bill by mistake.

2006 Act:

Section 28 - Firearms training certificate - now commenced
Section 30 - Three year licence and lots more - now commenced (see 2009 38)
Section 32 - Conditions of grant of FAC
Section 33 - Authorisation of ranges
Section 40 - Reloading - Repealed (see 2009 39)
Section 42 - Possession of firearms with intent - not sure if this is commenced or not.

2009 Act:

Section 25 - Definitions
Section 26 - Amendment to section 2
Section 27 - Prohibited firearms and ammunition
Section 28 - Roll out of 3 year licence - This must be commenced to send out renewals.
Section 29 - Minister/Commissioner's guidelines
Section 30 - Broken down into:
---> Section 3B - Payment of fees
---> Section 3C - Arrangements for payment
---> Section 3D - 'Banning' of certain pistols.
Section 31 - Annual review by Commissioner
Section 32 - Change of range authorisation to certification
Section 33 - Banning of practical shooting
Section 34 - Reporting loss of firearm
Section 35 - Tax clearance certificates
Section 36 - Banning of personal imports
Section 37 - Outscourcing of fee collection
Section 38 - Banning of personal imports - repeal of 1964 21
Section 39 - Amendment to 1990 act wrt fines
Section 40 - Airsoft and imitations
Section 41 - Power of search without warrant
Section 42 - Visitor licence restricted to 1 year
Section 43 - Amendments to 2006 30 - this is commenced
Section 44 - Repeal of 2006 40 (reloading)

Just a note on reloading: This is being transferred to the Explosives Act which is why it's being removed from the firearms act. The Explosives Act is due some time next year.

OK fixed. I'll add in the stuff commenced over the weekend as soon as we know it's been commenced.

Sparks

rrpc wrote: »

Section 34 - Reporting loss of firearm
Section 36 - Banning of personal imports
Section 38 - Banning of personal imports - repeal of 1964 21

Those aren't being commenced rrpc, see that announcement at the top of all the shooting forums (specifically the email from the DoJ). And only part of Section 40 is being commenced this weekend.

(That's not to say they won't be commenced at a future point, it's just not happening this weekend).

rrpc

Sparks wrote: »

Those aren't being commenced rrpc, see that announcement at the top of all the shooting forums (specifically the email from the DoJ). And only part of Section 40 is being commenced this weekend.

(That's not to say they won't be commenced at a future point, it's just not happening this weekend).

Thanks Sparks. I want to leave it like that, so that (a) when I amend my rollup it'sll act as an aide memoir and (b) it's a helpful reminder to people as to what's still out there

rrpc

Here's an update on what's been commenced and still remaining to be commenced after today's rush of SI's. Anything not commenced will be highlighted red as it will now be in the minority.


2006 Act:

Section 28 - Firearms training certificate - now commenced
Section 30 - Three year licence and lots more - now commenced (see 2009 38)
Section 32 - Conditions of grant of FAC - commenced
Section 33 - Authorisation of ranges - commenced
Section 40 - Reloading - Repealed (see 2009 39)
Section 42 - Possession of firearms with intent - not sure if this is commenced or not.

2009 Act:

Section 25 - Definitions - commenced
Section 26 - Amendment to section 2 - commenced
Section 27 - Prohibited firearms and ammunition - commenced
Section 28 - Roll out of 3 year licence - commenced
Section 29 - Minister/Commissioner's guidelines - commenced
Section 30 - Broken down into: - commenced
---> Section 3B - Payment of fees
---> Section 3C - Arrangements for payment
---> Section 3D - 'Banning' of certain pistols.
Section 31 - Annual review by Commissioner - commenced
Section 32 - Change of range authorisation to certification - commenced
Section 33 - Banning of practical shooting - commenced
Section 34 - Reporting loss of firearm
Section 35 - Tax clearance certificates - commenced
Section 36 - Banning of personal imports
Section 37 - Outscourcing of fee collection - commenced
Section 38 - Banning of personal imports (repeal of 1964 21)
Section 39 - Amendment to 1990 act wrt fines - commenced
Section 40 - Airsoft and imitations - only 9A and 9B commenced
Section 41 - Power of search without warrant - commenced
Section 42 - Visitor licence restricted to 1 year - commenced
Section 43 - Amendments to 2006 30 - commenced
Section 44 - Repeal of 2006 40 (reloading) - commenced

Just a note on reloading: This is being transferred to the Explosives Act which is why it's being removed from the firearms act. The Explosives Act is due some time next year.

rrpc

The latest version of my rollup of the firearms acts is now available for download.

Yes it's the Firearms Acts 1925 - 2009 in all it's technicolor glory!

It's also available from the documents section of the NTSA website.

All your questions answered so I don't have to.

I haven't changed the version number, as the document has only changed with respect to the highlighting of uncommenced sections. In other words, the text is still the same.

Sparks

And finally in PDF rather than Word format

fat-tony

You can have it in Open Office ODF format if you want, Sparks;)

rrpc

Sparks wrote: »

And finally in PDF rather than Word format

Should have done that ages ago, but for some reason never did. Old habits I presume.

There's one anomaly bugging me and that's section 42 of the 2006 act. It doesn't appear to have ever been commenced and I've checked every commencement order back to 2006 to make sure.

Just if anyone knows something I've missed or can give me a reason as to why it was never commenced, I'd be much obliged.

BornToKill

Section 42 was commenced by SI 390 of 2006. It's down in part 5.
5. The 1st day of November 2006 is appointed as the day on which sections 42, 57, 58, 59, 60, 61 and 65 of Part 5 of the Act of 2006 shall come into operation.

rrpc

BornToKill wrote: »

Section 42 was commenced by SI 390 of 2006. It's down in part 5.
5. The 1st day of November 2006 is appointed as the day on which sections 42, 57, 58, 59, 60, 61 and 65 of Part 5 of the Act of 2006 shall come into operation.

You know I looked at that SI and failed to scroll down farther than the first section.

What a gobsh*te :eek:

Thanks again BtK, I had a feeling you'd be the one to rescue me. I could see no reason why that section wouldn't be commenced, but just couldn't find it.

rrpc

Just bumping this thread because quite a few people don't seem to realise that pretty much all of the firearms acts to 2009 are commenced. The only bits that are yet to be commenced are the Charlie (You must report the loss of your firearm) Flanagan amendment which will self-commence on the 1st January 2010 , the personal imports ban and most of the 'airsoft' sections.

The rest is fully armed and ready to go.

rrpc

This particular bumping is to remind the mods that they've stickied the children, but left the parents to founder in the distant pages of the forum.

The SI's are new and shiny, I'll grant you that, but they haven't lasted as long as mammy and daddy firearms act.

And it's the Firearms Acts 1925 to 2009 now