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Are immitation firearms legal?

  • 16-11-2009 8:00pm
    #1
    hightower1
    Registered Users, Registered Users 2 Posts: 3,207 ✭✭✭


    Hi All,

    As above... are imitation firearms illegal if under the 1 joule limit and not presented in a public place?

    Thanks in advance.


Comments

  • #2
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Section 40 Criminal Justice (Miscellaneous Provisions) Act 2009
    http://www.oireachtas.ie/documents/bills28/acts/2009/a2809.pdf


    Illegal to sell, import or possess in a public place without good cause a realistic imitation firearm


  • #3
    Jev/N
    Registered Users, Registered Users 2 Posts: 3,456 ✭✭✭Jev/N


    Yes, for Airsoft at least


  • #4
    hightower1
    Registered Users, Registered Users 2 Posts: 3,207 ✭✭✭hightower1


    gabhain7 wrote: »
    Section 40 Criminal Justice (Miscellaneous Provisions) Act 2009
    http://www.oireachtas.ie/documents/bills28/acts/2009/a2809.pdf


    Illegal to sell, import or possess in a public place without good cause a realistic imitation firearm

    I only ask as I currently have one being held by the gardai and has been tested as legal, not brandished in a public place in fact I haven't even received delivery of it yet. Its being held under the argument that its imitation and looks too realistic even though having been tested as legal by their own standards and definitions.

    I believe import / sell are covered under sections of c and d of the amendment from sept and to be enacted in Jan 1-1-10.
    The ones sections a and b came into effect in sept which cover the carrying of these in a public place?

    AIRSOFT – REALISTIC IMITATION FIREARMS
    Section 40 of the Criminal Justice (Miscellaneous Provisions) Act 2009 inserts nine new sections after section 9 of the Firearms and Offensive Weapons Act 1990 and deals with the regulation of realistic imitation firearms not over one joule in muzzle energy and therefore do not come under the definition of a firearm in section 1(1) of the Firearms Act 1925 as amended by section 26 of the Criminal Justice Act 2006.
    Note: Only sections 9A and 9B were commenced on 1st August 2009. The remainder of these sections will be commenced at a later date.
    Section 9B now also provides for a superintendent of any district to authorise in writing the possession, use or carriage of these realistic imitation firearms at a specified location in that district for a period not exceeding one year (see Annex ‘D’re authorisations).
    Section 9C will provide for the Minister for Justice Equality and Law reform to establish and keep a register of dealers in these realistic imitation firearms. The registration of a person in this register shall continue in force for 3 years unless removed or revoked. The Minister may, after consultation with the Garda Commissioner, specify minimum standards to be complied with by reference to security of premises, construction, window display, merchandise, location etc.
    Section 9D will make it an offence for a person to import, manufacture, sell, test or repair by way of trade or business any realistic imitation firearm unless registered in the register as kept by the Minister above.

    source : http://www.garda.ie/Documents/User/commissioners%20guidelines%204.pdf


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