Wildlife Act

Section 2 of the Wildlife Act 1976 as originally enacted.

Section 2 defines “to hunt” as: “[to] stalk, pursue, chase, drive, flush, capture, course, attract, follow, search for, lie in wait for, take, trap or shoot by any means whether with or without dogs, and, except in sections 28 and 29, includes killing in the course of hunting, but does not in this Act include stalking, attracting, searching for or lying in wait for any fauna by an unarmed person solely for the purpose of watching or of taking or making photographic or other pictures, and kindred words shall be construed accordingly”.

Section 38 (amended by section 45 Wildlife (Amendment) Act, 2000)

“38.— (1) Any person who uses—

(a) any lamp, light, torch, mirror or other artificial light-reflecting or dazzling device or appliance, or

(b) any device for illuminating, image intensifying or heat seeking a target, or

(c) any sighting device for night shooting, or

(d) any device or appliance which is of a type, class or description specified in an order under subsection (2) of this section,

in hunting any protected wild bird or protected wild animal otherwise than while either—

(i) attaching thereto any band, ring, tag or other marking device, or

(ii) hunting for educational or scientific purposes or for any other purpose,

pursuant to and in accordance with a licence granted under this Act by the Minister, shall be guilty of an offence.

(2) (a) The Minister may by order declare a device or appliance which is of a type, class or description specified in the order to be a device or appliance to which subsection (1) of this section applies.

(b) The Minister may amend or revoke an order made under this subsection.”.

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Fitting Night Vision Device to a Firearm

Extract from Commissioner’s Guidelines (2018)-

TELESCOPIC SIGHTS

In the Firearms Act 1925 to 2009, the definition of a firearm additionally includes:

‘telescopic sights with a light beam, or telescope sights with an electronic amplification device or an infra-red device, designed to be fitted to a firearm …. ‘ Such devices would fall into three broad categories as follows and again an applicant must satisfy the issuing person that he/she has demonstrated ‘good reason’ to acquire the sight:

(i) An Active Night Sight – this device emits an invisible light beam which illuminates objects and would assist with identification of objects.

(ii) A Passive Night Sight – this device does not emit any beam but amplifies any ambient light (from stars or moon) which enables objects to be distinguished and identified.

(iii) Thermal Image Sight – this device resolves the heat signature given off by warm objects and enables identification of objects.

When an applicant is applying for a firearm certificate or its renewal, the application should include whether or not a silencer or telescopic sights are sought for that particular firearm. A subsequent application for a silencer or telescopic sight will require the applicant to re-apply on a new application form FCA 1 and will require the full €80 fee if the application is successful. So it is vitally important, that where applicable, new applicants or applicants applying to renew their firearm certificates ensure that their application/renewal form includes reference to a silencer/telescopic sight. All firearm certificates which include authorization to hold a silencer, must include details of the authorization for the silencer in respect of the firearm by inclusion of the letter ‘S’ on the firearms card.