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Criminal Justice Bill (Misc) 2009

  • 13-05-2009 11:02am
    #1
    Moderators, Sports Moderators Posts: 8,679 Mod ✭✭✭✭


    The new legislation that effect Firearms and Airsoft has been published, please see the attached.

    I haven't had time to digest the details yet.


«13456

Comments

  • Registered Users, Registered Users 2 Posts: 1,656 ✭✭✭deepimpact


    Shooting forum has more on it.

    Practical pistol banned.

    No mention of airsoft, but I didn't read it fully.


  • Moderators, Sports Moderators Posts: 8,679 Mod ✭✭✭✭Rew


    Loads about Airsoft but its not called "Airsoft".

    Go straight to page 27 for Airsoft related changes.


  • Registered Users, Registered Users 2 Posts: 1,656 ✭✭✭deepimpact


    Cr*p, sorry, brief run through in work. Thanks Rew


  • Registered Users, Registered Users 2 Posts: 35,602 ✭✭✭✭o1s1n
    Master of the Universe


    Bye bye importation (and possibly personal sales?)

    9D.—(1) On and after the date of commencement
    of section 35 of the Criminal Justice
    (Miscellaneous Provisions) Act 2009 it is an
    offence for any person to import, manufacture,
    sell, repair, test, expose for sale, or have in his pos- 25
    session for sale, repair or test by way of trade or
    business, any realistic imitation firearm unless
    such person is registered in the register of dealers
    in realistic imitation firearms.


  • Registered Users, Registered Users 2 Posts: 26,458 ✭✭✭✭gandalf


    o1s1n wrote: »
    Bye bye importation (and possibly personal sales?)

    9D.—(1) On and after the date of commencement
    of section 35 of the Criminal Justice
    (Miscellaneous Provisions) Act 2009 it is an
    offence for any person to import, manufacture,
    sell, repair, test, expose for sale, or have in his pos- 25
    session for sale, repair or test by way of trade or
    business, any realistic imitation firearm unless
    such person is registered in the register of dealers
    in realistic imitation firearms.

    I wonder does that also cover parts, mags etc as well?

    TBH it reads as we expected it to.


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  • Registered Users, Registered Users 2 Posts: 6,261 ✭✭✭Puding


    have to agree gandalf, not far off what we where expecting

    i would imagine the definition or a realistic imitation firearm and what parts are covered by this description to follow, more than likely i can see it falling like in the UK as rif , does it look real work device and could it be mistaken for one


  • Moderators, Sports Moderators Posts: 8,679 Mod ✭✭✭✭Rew


    I cant be sure but it reads to me like you need the auth of a Superindentant to have an Airsoft Device?


  • Registered Users, Registered Users 2 Posts: 1,656 ✭✭✭deepimpact


    I think that's under the section for sites. I'm not sure though. It read to me like that aswell

    <edit> looks like clarification is needed
    9B.—(1) The Superintendent of any district
    may authorise in writing the possession, use or car30
    riage of realistic imitation firearms in that district
    at a specified location during such period, not
    exceeding one year, as may be specified in the
    authorisation.


  • Registered Users, Registered Users 2 Posts: 6,261 ✭✭✭Puding


    I cant be sure but it reads to me like you need the auth of a Superindentant to have an Airsoft Device?

    i would say so , i can see them adding a new classification onto the firearms dealers license going my this bit,
    is registered in the register of dealers
    in realistic imitation firearms

    at the moment you have full fire arms dealers and ammunition dealers, can see them adding the 3rd category to the existing system that is already in place


  • Registered Users, Registered Users 2 Posts: 35,602 ✭✭✭✭o1s1n
    Master of the Universe


    I had a scan through it myself and can't see anything about authorisation for owning devices.

    The only limit I found was a prohibition of sales to under 16s and a dealer restriction to anyone under 21.

    Edit - Just after reading 9B again. Originally I thought it was aimed at site owners. Not so sure now.


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  • Registered Users, Registered Users 2 Posts: 26,458 ✭✭✭✭gandalf


    o1s1n wrote: »
    Edit - Just after reading 9B again. Originally I thought it was aimed at site owners. Not so sure now.

    Yep 9b is very vague. My assumption is it is aimed at site owners but it needs to be clarified properly as I can see an over zealous Garda applying it to all areas.


  • Registered Users, Registered Users 2 Posts: 8,758 ✭✭✭Stercus Accidit


    9D.—(1) On and after the date of commencement
    of section 35 of the Criminal Justice
    (Miscellaneous Provisions) Act 2009 it is an
    offence for any person to import, manufacture,
    sell, repair, test, expose for sale, or have in his pos- 25
    session for sale, repair or test by way of trade or
    business, any realistic imitation firearm unless
    such person is registered in the register of dealers
    in realistic imitation firearms.


    I need a licence to repair my equipment? Test my equipment?!


  • Closed Accounts Posts: 155 ✭✭Ghostwarrior


    Im No Solicitor but i've read enough of military law to understand this, the quoted element seems to be the guts of what would affect us... its from page 26 to 32 ish

    The long and short is you have to be a registered retailer to sell, import, repair and display Airsoft guns (RIF's\Real Imitation Firearms) Also that RIF's can be sold to people as young as 16 (fayer, feel free to clarify), and that if your caught with an RIF in your possesion and have no Explanation as to why then you can be charged and fined... a lot

    It also states that we can seek the approval of the local super in writing for the possesssion of RIF's that will last us up to one year

    Theres also a mention of something that would affect Sites, im not too sure of the implications here.
    35.—The Act of 1990 is amended by the insertion of the following
    sections after section 9 (as amended by section 34 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

    5 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:

    10 (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.
    Authorisation of use of realistic imitation firearms at
    specified venues,theatres, etc.

    9B.—(1) The Superintendent of any district
    may authorise in writing the possession, use or car30
    riage of realistic imitation firearms in that district
    at a specified location during such period, not
    exceeding one year, as may be specified in the
    authorisation.

    (2) A Superintendent shall not grant an author35
    isation under this section unless he or she is satisfied
    having regard to all the circumstances
    (including the provision made or to be made for
    the storage of realistic imitation firearms to which
    the authorisation (if granted) would relate and the
    supervision of their use) that the possession, use or
    carriage, as the case may be, of realistic imitation
    firearms in pursuance of the authorisation will not
    endanger the public safety or the peace.

    (3) Where it is proposed to grant an authorisation
    under this section in respect of a specified
    location, the authorisation shall be granted to the
    person in charge of the specified location and
    where there is a contravention of a condition
    imposed in relation to the grant of such an authorisation
    and the contravention is proved to have
    been committed with the consent or approval of
    or to have been facilitated by any neglect on the
    part of the person to whom the authorisation is

    27
    New sections 9A to
    9H of Act of 1990.
    granted, that person shall be guilty of an offence
    under this Act.

    (4) A Superintendent may impose in relation to
    the grant of an authorisation under this section
    such conditions (if any) as he considers necessary
    to prevent danger to the public and, where a condition
    is imposed, it shall be specified in the authorisation.

    (5) An authorisation under this section may be
    revoked at any time by the Superintendent of the
    District in which it is granted.

    (6) A person who contravenes a condition
    imposed in relation to the grant of an authorisation
    under this section shall be guilty of an
    offence and shall be liable on summary conviction
    to a fine of up to \5,000 or up to 12 months
    imprisonment.Register of dealers in realistic imitation firearms to be kept.

    9C.—(1) The Minister shall cause a register of
    dealers in realistic imitation firearms to be established
    and kept.

    (2) Any person who—

    (a) applies, in accordance with the provisions
    of this section, to be registered
    in the register of dealers in realistic
    imitation firearms,

    (b) pays the fee, if any, prescribed by regulations
    made by the Minister under this
    section, and

    (c) satisfies the Minister that he or she is
    immediately about to carry on business
    as a dealer in realistic imitation firearms
    in premises suitable for that
    business,
    may be registered in such register, but when considering
    any such application for registration the
    Minister shall have regard to the character of the
    applicant, and generally to the public safety and
    the preservation of the peace.

    (3) The registration of a person in the register
    of dealers in realistic imitation firearms shall continue
    in force for a period of 3 years from the date
    of the registration, unless previously revoked and,
    if renewed, for a further period of 3 years from
    the expiration of that period or, as the case may
    be, of any subsequent such period for which the
    registration was renewed.

    (4) Every registered dealer in realistic imitation
    firearms shall be entitled to renew his or her registration
    in the register of dealers in realistic imitation
    firearms at any time within one month
    before the expiration of his existing registration or
    renewal on application therefor in accordance with
    the provisions of this section and payment of the
    fee, if any, prescribed by regulations made by the
    Minister under this section.

    (5) Every application for registration in the
    register of dealers in realistic imitation firearms or
    for renewal of such registration shall be made to
    the Minister in the form and manner prescribed
    by regulations made by the Minister under this
    section and shall contain the prescribed particulars
    (if any) so prescribed.

    (6) Every person registered in the register of
    dealers in realistic imitation firearms shall be
    entitled on such registration and on every renewal
    thereof to obtain from the Minister a certificate in
    writing of such registration or renewal.

    (7) An application for registration in the register
    of dealers in realistic firearms dealers or for
    renewal of such registration shall be refused if
    granting it would, in the opinion of the Minister,
    prejudice public safety or security.

    (8) The Minister, after consultation with the
    Commissioner, may by regulations specify minimum
    standards to be complied with in relation to
    premises in which a dealer in realistic imitation
    firearms carries on business or proposes to do so.

    (9) The minimum standards shall be determined
    by reference to—
    (a) the security of the premises,
    (b) the location of the premises,3
    (c) their safety,
    (d) their standard of construction,
    (e) window displays, and
    (f) types of merchandise,
    and having regard to their use for, as the case may
    be, the manufacture, repair, testing or sale of imitation
    firearms.

    (10) Applicants for registration or renewal shall
    satisfy the Minister that their premises comply
    with the minimum standards specified in any
    regulations under subsection (8) of this section.

    (11) Without prejudice to subsection (2) of this
    section, the following persons are declared to be
    disentitled to be registered in the register of
    dealers in realistic imitation firearms:

    (a) a person under the age of 21 years;
    (b) a person of unsound mind;


    (c) a person who has been sentenced to
    imprisonment for an offence under the
    Firearms Acts 1925 to 2007, the
    Offences Against the State Acts 1939
    to 1998 or the Criminal Justice
    (Terrorist Offences) Act 2005;

    (d) a person who is bound by a recognisance
    to keep the peace or be of good
    behaviour, a condition of which is that
    the person shall not possess, use or
    carry a firearm or ammunition.

    (12) Every regulation made under this section
    shall be laid before each House of the Oireachtas
    as soon as may be after it is made and, if a resolution
    annulling the regulation is passed by either
    such House within the next 21 days on which that
    House sits after the regulation is laid before it, the
    regulation shall be annulled accordingly but without
    prejudice to anything previously done
    thereunder.

    Restrictions on import, manufacture and sale of realistic
    imitation firearms.


    9D.—(1) On and after the date of commencement
    of section 35 of the Criminal Justice
    (Miscellaneous Provisions) Act 2009 it is an
    offence for any person to import, manufacture,
    sell, repair, test, expose for sale, or have in his possession
    for sale, repair or test by way of trade or
    business, any realistic imitation firearm unless
    such person is registered in the register of dealers
    in realistic imitation firearms.

    (2) On and after the date of commencement of 30
    section 35 of the Criminal Justice (Miscellaneous
    Provisions) Act 2009 it is an offence for a person
    to sell a realistic imitation firearm to a person
    under the age of 16 years.

    (3) A person guilty of an offence under this
    section shall be liable:

    (a) on summary conviction to a fine not
    exceeding \5,000 or to imprisonment
    for a term not exceeding twelve
    months or both, or

    (b) on conviction on indictment, to a fine or
    to imprisonment for a term not
    exceeding five years or both.
    Removal of names from
    register of dealers in
    realistic imitation firearms.

    9E.—(1) The Minister may at the request of
    any person who is registered in the register of
    dealers in realistic imitation firearms remove the
    name of such person from the register.

    (2) If and when the Minister is satisfied that
    any person who is registered in the register of
    dealers in realistic imitation firearms—

    (a) no longer carries on business as a dealer
    in realistic imitation firearms, or
    (b) no longer has a place of business as such
    dealer in realistic imitation firearms in
    the State, or
    (c) cannot any longer be permitted to carry
    on such business without danger to the
    public safety or to the peace, or
    (d) has become a person who is declared
    under section 9C(11) of this Act to be
    disentitled to be registered in the register
    of dealers in realistic imitation
    firearms,the Minister may remove the name of such person
    from the register.

    (3) A person whose name is removed under
    15 this section from the register of dealers in realistic
    imitation firearms shall, on such removal, forthwith
    deliver up to the Minister the person’s certificate
    of registration or renewal.

    (4) A person who contravenes subsection (3) of
    20 this section is guilty of an offence and on summary
    conviction is liable to a fine not exceeding \3,000.
    Inspection of stock of dealer in realistic imitation
    firearms.

    9F.—(1) Any member of the Garda Sı´ocha´na
    may at all reasonable times enter the premises of
    any registered dealer in realistic imitation firearms
    and there inspect any imitation firearms and any
    materials used in the manufacture, repair or test
    thereof found on such premises.

    (2) Every person who shall obstruct or impede
    any member of the Garda Sı´ocha´na in the exercise
    30 of any of the powers conferred on him by this
    section shall be guilty of an offence under this
    section and shall be liable on summary conviction
    thereof to a fine not exceeding \1,000 or imprisonment
    for a term not exceeding 6 months or both.
    Power by order to restrict sale of
    certain realistic imitation
    firearms from specified date.

    35 9G.—(1) Notwithstanding section 9D(1), the
    Minister may, if he or she considers that realistic
    imitation firearms represent a threat to public
    safety and security, and following consultation
    with the Commissioner, by order set a date or
    dates after which it is an offence for a person to
    import, manufacture, sell, repair, test, expose for
    sale or have in his or her possession for sale, repair
    or testing by way of trade or business any realistic
    imitation firearm or to do any one or more of the
    foregoing as may be specified in the order.

    (2) Any order made under this section shall be
    laid before each House of the Oireachtas as soon
    as may be after it is made and, if a resolution
    annulling the order is passed by either such House
    within the next 21 days on which that House sits
    after the order is laid before it, the order shall be
    annulled accordingly but without prejudice to anything
    previously done thereunder.

    Amendment to
    section 16 of Act of
    1990.

    (3) A person guilty of an offence under this
    section shall be liable:
    (a) on summary conviction to a fine not
    exceeding \5,000 or to imprisonment
    for a term not exceeding twelve
    months or both, or
    (b) on conviction on indictment, to a fine or
    to imprisonment for a term not
    exceeding five years or both.
    Power by order to require certain descriptions of
    imitation firearms to conform to certain specifications.

    9H.—(1) The Minister may, if he or she considers
    that certain imitation firearms represent a
    threat to public safety and security, and following
    consultation with the Commissioner, by order set
    a date or dates after which it is an offence for a
    person to import, manufacture, sell, repair, test,
    expose for sale or have in his or her possession for
    sale, repair or testing by way of trade or business
    certain descriptions of imitation firearms unless
    the imitation firearms conform to certain specifications
    set out in the order.

    (2) In this section “imitation firearm” means
    anything which is not a firearm but has the appearance
    of being a firearm.


    (3) Any order made under this section shall be
    laid before each House of the Oireachtas as soon
    as may be after it is made and, if a resolution
    annulling the order is passed by either such House
    within the next 21 days on which that House sits
    after the order is laid before it, the order shall be
    annulled accordingly but without prejudice to anything
    previously done thereunder.

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

    36.—Section 16 of the Act of 1990 is amended by the substitution
    for that section of the following:
    “Power of search without warrant.

    16.—(1) If a member of the Garda Sı´ocha´na
    suspects with reasonable cause that a person has
    with him or her in any public place (within the
    meaning of section 9(8)) any article in contravention
    of section 9 or 9A (inserted by section 35
    of the Criminal Justice (Miscellaneous Provisions)
    Act 2009), he may:

    (a) search the person and, if he or she considers
    it necessary for that purpose,

    detain the person for such time as is
    reasonably necessary for carrying out
    the search,
    (b) search any vehicle, vessel or aircraft in
    which he or she suspects that such
    article may be found and for the purpose
    of carrying out the search may, if
    he or she thinks fit, require the person
    who for the time being is in possession
    or control of such vehicle, vessel or aircraft
    to bring it to a stop and when
    stopped to refrain from moving it, or
    in case such vehicle, vessel or aircraft
    is already stationary, to refrain from
    moving it, or

    (c) seize and detain anything found in the
    course of a search under this section
    that appears to him or her to be something
    that might be required as evidence
    in proceedings for an offence
    under section 9 or 9A.

    (2) Nothing in this section shall operate to
    prejudice any powers to search, seize or detain
    property that may be exercisable by a member of
    25 the Garda Sı´ocha´na apart from this section.”.


  • Registered Users, Registered Users 2 Posts: 913 ✭✭✭fayer


    The committee is examining the bill at the moment and will have feedback later tonight, much of it is as was put forward by the DoJ in our meetings.

    We will be hopefully meeting with the Department in the very near future for a full brief on implications for the sport.

    Steve


  • Registered Users, Registered Users 2 Posts: 26,458 ✭✭✭✭gandalf


    I need a licence to repair my equipment? Test my equipment?!

    My reading of that is covering people who are repairing/upgrading equipment as a business. It doesn't cover repairing personal stuff at all.


  • Registered Users, Registered Users 2 Posts: 8,758 ✭✭✭Stercus Accidit


    gandalf wrote: »
    My reading of that is covering people who are repairing/upgrading equipment as a business. It doesn't cover repairing personal stuff at all.

    The 'or' mentioned means it does cover individuals, at least as I read it.


    9D.—(1) On and after the date of commencement
    of section 35 of the Criminal Justice
    (Miscellaneous Provisions) Act 2009 it is an
    offence for any person to import, manufacture,
    sell, repair, test, expose for sale, or have in his pos- 25
    session for sale, repair or test by way of trade or
    business, any realistic imitation firearm unless
    such person is registered in the register of dealers
    in realistic imitation firearms.


  • Closed Accounts Posts: 6,401 ✭✭✭Shiva


    The 'or' mentioned means it does cover individuals, at least as I read it.


    9D.—(1) On and after the date of commencement
    of section 35 of the Criminal Justice
    (Miscellaneous Provisions) Act 2009 it is an
    offence for any person to import, manufacture,
    sell, repair, test, expose for sale, or have in his pos- 25
    session for sale, repair or test by way of trade or
    business
    , any realistic imitation firearm unless
    such person is registered in the register of dealers
    in realistic imitation firearms.

    The "by way of trade or business" is the important distinction.


  • Registered Users, Registered Users 2 Posts: 26,458 ✭✭✭✭gandalf


    The 'or' mentioned means it does cover individuals, at least as I read it.


    9D.—(1) On and after the date of commencement
    of section 35 of the Criminal Justice
    (Miscellaneous Provisions) Act 2009 it is an
    offence for any person to import, manufacture,
    sell, repair, test, expose for sale, or have in his pos- 25
    session for sale, repair or test by way of trade or
    business
    , any realistic imitation firearm unless
    such person is registered in the register of dealers
    in realistic imitation firearms.

    The part in bold would suggest to me you have to be set up as a business to be effected but there is a lot in this that looks very ambiguous.

    Do we are owners of equipment need to get clearance from a Garda Superintendent or not? Is that provision held just for sites and businesses?

    Is importation of parts and accessories covered and restricted under these provisions?

    Do we have to have proof with us that we are skirmishing at an authorised site in case we are pulled over by the authorities?

    Its very vague and I am very interested to see what clarifications come out of the IAA meeting with the DoJ.


  • Registered Users, Registered Users 2 Posts: 8,758 ✭✭✭Stercus Accidit


    Shiva wrote: »
    The "by way of trade or business" is the important distinction.

    But that is mentioned after the 'or' implying the above mentioned act of repair etc. is not as a business. Its the wording that makes it appear so, at least with pedantic scrutiny. It does appear to mean it as you say though.


  • Moderators, Sports Moderators Posts: 8,679 Mod ✭✭✭✭Rew


    Its also woth noting that this is not law yet and may change before it is law.


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  • Registered Users, Registered Users 2 Posts: 40,291 ✭✭✭✭Gatling


    does this mean we could loose our adverts on here ,


  • Registered Users, Registered Users 2 Posts: 35,602 ✭✭✭✭o1s1n
    Master of the Universe


    Gatling wrote: »
    does this mean we could loose our adverts on here ,

    Was the first thing that came into my head alright. We'll have to wait for the outcome of the discussion with the DOJ and go from there.


  • Registered Users, Registered Users 2 Posts: 249 ✭✭Brabazone


    Maybe I am reading this wrong but are we going to have to register with the super if we want to be able to transport our AEGs to play at a Skirmish site.

    In the same breath it also says that we are registering with the super in our district to transport our AEGs is only that district, so I was wondering can we not play outside our own district?.


  • Registered Users, Registered Users 2 Posts: 26,458 ✭✭✭✭gandalf


    Gatling wrote: »
    does this mean we could loose our adverts on here ,

    Possibly again its not clear on personal sales. I would err on the side of caution myself and not sell anything on if this became law as worded.

    As Rew has said this ain't the law yet. I would suggest we all get our heads together and look at the parts we are not happy with and formulate a list of questions for our local representatives who will and are calling to our doors at this moment to make them aware of this situation.

    We can also then send queries to our local TD's. The more mouths making noises at the minister and his advisers the better. This would be something that the Airsoft businesses should do given the current economic situation and the fact they are businesses being directly effected by this.


  • Closed Accounts Posts: 6,401 ✭✭✭Shiva


    Brabazone wrote: »
    Maybe I am reading this wrong but are we going to have to register with the super if we want to be able to transport our AEGs to play at a Skirmish site.

    In the same breath it also says that we are registering with the super in our district to transport our AEGs is only that district, so I was wondering can we not play outside our own district?.

    Thats the part that would lead me to believe its intended to refer only to sites, and that whole part about authorisation is to stop "illegal" skirmishing.

    It will all be clarified and adjusted as neccessary before the bill is enacted into law, I'm sure.


  • Registered Users, Registered Users 2 Posts: 1,041 ✭✭✭José Alaninho


    Rew wrote: »
    Its also worth noting that this is not law yet and may change before it is law.

    Aye, could get even worse... [/optimism] :rolleyes:


  • Registered Users, Registered Users 2 Posts: 8,758 ✭✭✭Stercus Accidit


    Ok, so what is the date set, if at all, for this to be enacted?


  • Registered Users, Registered Users 2 Posts: 6,261 ✭✭✭Puding


    Aye, could get even worse... [/optimism]

    the optimist view is ''IT could get even worse... '' :) and it could have been, really we just have to wait for the clarification, we can read into thing all we want but until then its a bit up in the air


  • Registered Users, Registered Users 2 Posts: 3,363 ✭✭✭gerrowadat


    Shiva wrote: »
    Thats the part that would lead me to believe its intended to refer only to sites, and that whole part about authorisation is to stop "illegal" skirmishing.

    It will all be clarified and adjusted as neccessary before the bill is enacted into law, I'm sure.

    (speaking strictly for myself)

    Page 11 of the memorandum makes it clearer. It reads:
    The new section 9B provides for the control of the use of realistic
    imitation firearms such as airsoft devices by restricting their use to
    places authorised by the local Superintendent- e.g. airsoft venues,
    theatres etc.

    I reckon it only applies to requiring Superintendant permission to run a site where people walk around with devices in plain sight. I don't see anything about person here, only location. However, IANAL.

    Everything will become clear after the IAA talks to the DoJ. It's good that people are voicing their concerns here, though. This, and direct communications with us are what will drive the conversation with the DoJ.

    I'd also appeal to people to hold their fire when it comes to the various authorities here. As several people have pointed out, this is still somewhat subject to interpretation, and is not law yet. I'd love to see constructive feedback here, not scaremongering and speculation.


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  • Registered Users, Registered Users 2 Posts: 4,612 ✭✭✭bullets


    Im still reading it, or trying, these documents
    are next to impossible to figure out....

    So now I cant buy anything except from Irish Registered dealers? Its sure gonna suck to be a collector then.

    I can only Use airsoft devices on registered/approved sites?
    This means its illegal to fire in my own back garden ?????

    I cant display my collection.

    I can no longer swap/trade/sell/give as a present to
    anyone privitely????

    saw something about 16j so the sport of paintball is not effected
    but airsfoft is still limited to 1j?? or is it?

    ~B


  • Registered Users, Registered Users 2 Posts: 405 ✭✭cpb


    Power by order to require certain descriptions of imitation firearms to
    conform to certain specifications.

    9H.—(1) The Minister may, if he or she considers that certain imitation firearms represent a
    threat to public safety and security, and following
    consultation with the Commissioner, by order set
    a date or dates after which it is an offence for a
    person to import, manufacture, sell, repair, test, 15
    expose for sale or have in his or her possession for
    sale, repair or testing by way of trade or business
    certain descriptions of imitation firearms unless
    the imitation firearms conform to certain specifications
    set out in the order


    I think this means there is a possibility of two tone or clear aegs if the Minister so decides at anytime in the future


  • Closed Accounts Posts: 797 ✭✭✭Spetzcong


    I'm not entirely sure what the implications for airsoft are, but I'm reasonably happy with what's been put in that bill. No more ordering from abroad is a shame but I was expecting that, if players have to register with their local super nintendos for permission to have airsoft equipment that would be a bit of a chore, but it really could have been a lot worse, the section where it says about the minister being able to ban the sale of and introduce new laws about making the devices look unrealistic kinda shows where they were probably heading with the legislation before the IAA got in touch with them. Lets just hope that this bill is enough to appease them and we don't all end up with luminous AEGs


  • Registered Users, Registered Users 2 Posts: 786 ✭✭✭ps3man


    all we can do is stay optimistic and hope they dont place major restrictions on our sport, illuminous aegs dont sound very appealing


  • Registered Users, Registered Users 2 Posts: 373 ✭✭desertstorm


    heres hoping they have the smarts to know that two tone or clear aegs would practically kill the sport and namely the tax revenue from lost buisness...

    personally i wouldnt mind getting a written letter from my local super, would give me a bit of peace of mind should I ever be stopped at a check point, something official like

    i wonder if theyre gna start insisting secure storage like that for real guns before giving you the letter tho? what defines secure storage in their heads like?


  • Registered Users, Registered Users 2 Posts: 6,414 ✭✭✭kdouglas


    Haven't read it all yet, will attempt to do so in a few mins, but most of it seems to be what we expected, how it's executed is the important part.

    One personal note; I dont agree with local superintendent authorisation, this can be a major barrier if your local super is anti-gun-shaped-things. Some form of oversight needs to be put in place there.


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  • Registered Users, Registered Users 2 Posts: 2,045 ✭✭✭OzCam


    The accompanying memo says that section 9B "provides for the control of [RIFs] by restricting their use to places authorised by the Superintendent, e.g. airsoft venues". One more piece of paper for the sites to get, though probably easier than Planning Permission. Seems pretty clear to me.

    9D is a definite personal importation ban.

    We'll have to get something clarified about second-hand sales.


    It's up to us as a community to behave in a manner that doesn't force the Minister to ban the sport completely (9G) or impose two-tone or transparent guns or orange tips on us (9H).


  • Registered Users, Registered Users 2 Posts: 4,612 ✭✭✭bullets



    personally i wouldnt mind getting a written letter from my local super, would give me a bit of peace of mind should I ever be stopped at a check point, something official like

    i wonder if theyre gna start insisting secure storage like that for real guns before giving you the letter tho? what defines secure storage in their heads like?

    If they go down that road it will be a nightmare.
    Secure storage is expensive and having something
    bolted to concrete walls and floors......I'd be fecked
    with having 35+ devices.

    From dealing with my Local Super for licences for Real steel, ammendments that should take less than 5mins to sort out and also letters of permission for different things its a joke.

    For personal experiance they've totally ignored letters I've sent, nobody is available when phoneing, and everything in done through "go between" members of the Garda so you dont have direct access or communications with the super. I'm waiting since last June for him to sent me out a letter of permission for something.

    And come face to face with total ignorance of the Equipment, The Sport, the reasons why you need things etc etc and have listened to fairy stories where they dont know the law themselves verbally tell you stuff that you
    know is complete bull.

    If it goes down that route with Airsoft. The Gardai will need to have
    a specific member of the force completely trained up and knowledgeable
    in the sport and equipment.

    One solution would be a collectors & Player licence combined.
    Meaning your not limited to having a "seperate licence" for each piece of equipment.
    Your not limited to Having to be an acutal skirmisher.
    It can include permissions to import.


    ~B


  • Registered Users, Registered Users 2 Posts: 1,656 ✭✭✭deepimpact


    kdouglas wrote: »
    One personal note; I dont agree with local superintendent authorisation, this can be a major barrier if your local super is anti-gun-shaped-things. Some form of oversight needs to be put in place there.

    As far as my reading of it goes (and I finally got around to reading it after lunch) it is to do with the sites ie register for use of RIFs at sites at 1 year intervals.


  • Registered Users, Registered Users 2 Posts: 1,295 ✭✭✭SniperSight


    I have to say if the whole personnal importation sticks its complete bullsh*t!!!

    There are guns available on lets say WGC that arent available anywhere else and are cheaper with taxes and shipping added on.

    On authorisation, (if for personal)thats bull too. I dont see why I should have to get "permission" from someone who probably has next to now idea what the sport is like or about, having never witnessed a skirmish.

    What if I'm told "NO". What do I do then?
    The whole thing is utter boll*cks!!!
    There wasnt much of a problem with the law in the first place, without adding on ridiculous restrictions and rules. I dont agree with the fellings, "as long as we dont have luminous guns or its banned were ok, we expected this" attitude.

    The whole thing sickens me!!!
    The government should spend its time dealing with the real crime and voilence rather than adversely effecting our organised sport!!


  • Registered Users, Registered Users 2 Posts: 8,758 ✭✭✭Stercus Accidit


    Well the repair thing has me annoyed, I have fixed aegs for people who then gave me a few quid for the trouble. Does that count as business or trade?

    Edit: I don't see what its state of repair has to do with being a replica, this shouldn't be included, a replica is a replica regardless of internal function once its not a firearm.


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  • Registered Users, Registered Users 2 Posts: 6,414 ✭✭✭kdouglas


    scanlant wrote: »
    As far as my reading of it goes (and I finally got around to reading it after lunch) it is to do with the sites ie register for use of RIFs at sites at 1 year intervals.

    Yea, I read it as only applying to sites too, but even local super authorisation for sites could be awkward, what if the local super for one of our already established sites decides he doesnt like airsoft? That's it, site gone.
    Or what if someone setting up a new site finds a perfect piece of land in a perfect location and has all the boxes ticked, but their local super doesnt like airsoft, that's it, tough. There needs to be something higher than local superintendent only in this case.


  • Registered Users, Registered Users 2 Posts: 6,566 ✭✭✭GrumPy


    So it's a possibility, all my new guns, which have only been skirmished maybe three times since I spent close to a thousand euro buying only recently (including extra mags, bb's, kit bag, masks etc...) will be illegal therefore worthless when I get them back from the cops?! :mad:

    Can't help but feel a little ass raped this week so far tbh. :(


  • Registered Users, Registered Users 2 Posts: 6,414 ✭✭✭kdouglas


    GrumPy wrote: »
    So it's a possibility, all my new guns, which have only been skirmished maybe three times since I spent close to a thousand euro buying only recently (including extra mags, bb's, kit bag, masks etc...) will be illegal therefore worthless when I get them back from the cops?! :mad:

    Can't help but feel a little ass raped this week so far tbh. :(


    No, that is not the case, nobody is talking about an outright ban, this bill will mainly introduce restrictions on sale and import by the looks of it.


  • Registered Users, Registered Users 2 Posts: 405 ✭✭cpb


    Like all laws they are painful to read but the memo give a good insight to what is intended. I think (this is my opinion only) RIF= realistic imitation firearm

    9a. Must have good cause to be in possession of RIF in public place
    9b. Restricts the use of a RIF to authorised venues (authorised by Local Super)
    9c. Provides for regulation of Dealers creates register of dealers and minimum standards for their premises
    9d. Cannot trade or import RIF unless registered dealer
    9e. Lists reasons why one might lose registered dealer status
    9f. Gives power to Gardai to inspect stock of dealer
    9g. Minister allowed to ban trade of RIF if he wants
    9h. Minister allowed to specify that RIF must look a certain way so public wont think it is a firearm

    Gardai are alos given the power to search people if they think they are in possession of a RIF in a public Place.

    This is what I think the act has in store for us I am open to correction.


  • Registered Users, Registered Users 2 Posts: 1,656 ✭✭✭deepimpact


    kdouglas wrote: »
    Yea, I read it as only applying to sites too, but even local super authorisation for sites could be awkward, what if the local super for one of our already established sites decides he doesnt like airsoft? That's it, site gone.
    Or what if someone setting up a new site finds a perfect piece of land in a perfect location and has all the boxes ticked, but their local super doesnt like airsoft, that's it, tough. There needs to be something higher than local superintendent only in this case.

    Crossed wires, sorry.

    What effect will this bill (if enacted) have on criminals? None
    What effect will this bill (if enacted) have on law-abiding, tax-paying citizens? Nanny state, here we come


  • Registered Users, Registered Users 2 Posts: 6,414 ✭✭✭kdouglas


    scanlant wrote: »
    Crossed wires, sorry.

    What effect will this bill (if enacted) have on criminals? None
    What effect will this bill (if enacted) have on law-abiding, tax-paying citizens? Nanny state, here we come

    The main purpose of introducing controls on airsoft wasnt about criminals, it was primarily to stop the proliferation of devices via gadget shops and the like and also to create an offence for irresponsible/public use.


  • Registered Users, Registered Users 2 Posts: 23,140 ✭✭✭✭TheDoc


    Where is everyone getting this notion we have to register with supers. I have not seen that mentioned at all. If that is the case there will be war. The swords super is anti gun so ive heard from a number of sources. I was told to **** off when enquiring bout blank firers by a desky. Didnt even see the super. But like i said it isnt mentioned anywhere and it wont be law for ages. Love the over reactions when it comes to this stuff hehe. The only thing giving me the fluster is the no second hand trading. Thats bollox it seems they are considering them in the same breathe as real guns


  • Registered Users, Registered Users 2 Posts: 1,287 ✭✭✭kevteljeur


    Restrictions were always on the cards. I can't see how these proposals are anything other than a good thing, whereby ad-hoc airsofting and 'waving toy guns about on the street' become clearly-defined offenses.

    It's a formal recognition.



    .


  • Registered Users, Registered Users 2 Posts: 3,515 ✭✭✭Killinator


    kevteljeur wrote: »
    I can't see how these proposals are anything other than a good thing,
    .

    The banning of personal importation would be a pretty bad thing for alot of us, If that is to be implemented


  • Closed Accounts Posts: 797 ✭✭✭Spetzcong


    TheDoc wrote: »
    Where is everyone getting this notion we have to register with supers. I have not seen that mentioned at all. If that is the case there will be war. The swords super is anti gun so ive heard from a number of sources. I was told to **** off when enquiring bout blank firers by a desky. Didnt even see the super. But like i said it isnt mentioned anywhere and it wont be law for ages. Love the over reactions when it comes to this stuff hehe. The only thing giving me the fluster is the no second hand trading. Thats bollox it seems they are considering them in the same breathe as real guns

    It's not no second hand trading, it's no second hand trading by non registered retailers, if our established retailers decide to trade in second hand AEGs, perhaps with some sort of trade in scheme ala xbox games ect, then we can still see some second hand sales continuing, I'd say adverts is probably fecked though...


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