Garda Batons & Pepper Spray

An Udaras

I understand that Gardai are permitted to carry and use Batons & Pepper Spray in the course of their duty.

As far as I am aware Batons may be issued by a lawful authority i.e The State or a State Agency etc..

Under Section 9 of the Firearms and offensive weapons act 1990 it prohibits carriage of batons etc.. for the general public to have. The most relevant bit for most people is the following:

http://www.irishstatutebook.ie/ZZA12Y1990S9.html

My question is it the same for Pepper Spray as I understand this is classed as a fire-arm, is there some exemption for Gardai to carry it or are they issued a special firearms licence? Just curious..

dermot_sheehan

s. 2(3) Firearms Act 1925 exempts the gardai or defence forces from the restrictions in the firearms acts.

An Udaras

Wow.. Has to be the fasted Boards.ie response? Cheers!

Turner

And your link does not work.

An Udaras

It seems none of statutebook.ie don't work :rolleyes: sorry horse!

From the act of 1925

(b) the possession, use, or carriage of a firearm or ammunition by a member of the Defence Forces of Saorstát Eireann or of a lawful police force in Saorstát Eireann in the performance of his duty as such member;

Does a lawful police force mean the likes of the Port/Harbour Police as well as obviously the Gardai? I see the lads in Dun Laoghaire and Dublin Port both carry Batons unsure about Pepper Spray?

An Udaras

Anyone any idea on the above? If the same legislation covers the Harbour Police getting there batons?

MagicSean

An Udaras wrote: »

Anyone any idea on the above? If the same legislation covers the Harbour Police getting there batons?

I would expect it does. Otherwise it would have referred to An Garda Síochána specifically as it does in other parts of the act.

BornToKill

These are established under law and so are lawful police forces.

Kevin3

Batons are not firearms. I'm guessing that being a lawful police service with powers of arrest they would have a 'reasonable excuse' under the Firearms and Offensive Weapons Act 1990 to carry a baton.

Section 9

(4) Where a person, without lawful authority or reasonable excuse (the onus of proving which shall lie on him), has with him in any public place—

(a) any flick-knife, or

(b) any other article whatsoever made or adapted for use for causing injury to or incapacitating a person,

he shall be guilty of an offence.
...
(b) A person guilty of an offence under subsection (4) or (5) shall be liable—

(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.

Corruptable

As has been noted, exemptions are granted to gardai and other appropriate agencies. Any use of batons, tasers, electric stun guns, etc. by an person without lawful excuse falls under the legislation on Offensive Weapons. Simple.

theAwakening

Corruptable wrote: »

As has been noted, exemptions are granted to gardai and other appropriate agencies. Any use of batons, tasers, electric stun guns, etc. by an person without lawful excuse falls under the legislation on Offensive Weapons. Simple.

would a tazer/stun gun not be a 'firearm' under the 1925 act, thus making it a scheduled offence?

BornToKill

theAwakening wrote: »

would a tazer/stun gun not be a 'firearm' under the 1925 act, thus making it a scheduled offence?

Correct.