Michael McDowell (Dublin South East, Progressive Democrats)

I move amendment No. 74:

In page 34, to delete lines 5 to 44 and in page 35, to delete lines 1 to 4 and substitute the following:

"(a) by the substitution of the following subsection for subsection (1):

"(1) In this Act—

"ammunition" (except where used in relation to a prohibited weapon) means ammunition for a firearm and includes—

(a) grenades, bombs and other similar missiles, whether or not capable of being used with a firearm,

(b) any ingredient or component part of any such ammunition or missile, and

(c) restricted ammunition, unless the context otherwise requires;

"Commissioner" means the Commissioner of the Garda Síochána or a member of the Garda Síochána, or members of a particular rank in the Garda Síochána, not below the rank of superintendent appointed in writing by the Commissioner for the purpose of performing any of the Commissioner's functions under this Act;

"firearm" means—

(a) a lethal firearm or other lethal weapon of any description from which any shot, bullet or other missile can be discharged,

(b) an air gun (including an air rifle and air pistol) with a muzzle energy greater than one joule or any other weapon incorporating a barrel from which any projectile can be discharged with such a muzzle energy,

(c) a crossbow,

(d) any type of stun gun or other weapon for causing any shock or other disablement to a person by means of electricity or any other kind of energy emission,

(e) a prohibited weapon,

(f) any article which would be a firearm under any of the foregoing paragraphs but for the fact that, owing to the lack of a necessary component part or parts, or to any other defect or condition, it is incapable of discharging a shot, bullet or other missile or projectile or of causing a shock or other disablement, as the case may be,

(g) except where the context otherwise requires, any component part of any article referred to in any of the foregoing paragraphs and, without prejudice to the generality of the foregoing, the following articles shall be deemed to be such component parts:

(i) telescope sights with a light beam, or telescope sights with an electronic light amplification device or an infra-red device, designed to be fitted to a firearm specified in paragraph (a), (b), (c) or (e),

(ii) a silencer designed to be fitted to a firearm specified in paragraph (a), (b) or (e), and

(iii) any object—

(I) manufactured for use as a component in connection with the operation of a firearm, and

(II) without which it could not function as originally designed,

and

(h) a device capable of discharging blank ammunition and to be used as a starting gun or blank firing gun,

and includes a restricted firearm, unless otherwise provided or the context otherwise requires;

"firearm certificate" means a firearm certificate granted under this Act and, unless the context otherwise requires, includes a restricted firearm certificate, a firearms training certificate and a firearm certificate granted under the Firearms (Firearm Certificates for Non-Residents) Act 2000;

"firearm dealer" means a person who, by way of trade or business, manufactures, sells, lets on hire, repairs, tests, proves, purchases, or otherwise deals in firearms or ammunition;

"firearms training certificate" has the meaning given to it by section 2A of this Act;

"issuing person", in relation to the grant or renewal of a firearm certificate, authorisation or licence, means, as the case may be, the Minister, the Commissioner or the superintendent of the Garda Síochána of the district where an applicant for or holder of the firearm certificate, authorisation or licence is residing;

"Minister" means the Minister for Justice, Equality and Law Reform;

"muzzle energy", in relation to a firearm, means the energy of a projectile discharged by it, measured at its muzzle in joules;

"prohibited weapon" means and includes any weapon of whatever description designed for the discharge of any noxious liquid, noxious gas or other noxious thing, and also any ammunition (whether for any such weapon or any other weapon) which contains or is designed or adapted to contain any noxious liquid, noxious gas or other noxious thing;

"place" includes a dwelling;

"prescribed" means prescribed by regulations made under this Act;

"registered firearms dealer" means a firearms dealer who is for the time being registered in the register of firearms dealers established in pursuance of this Act;

"restricted ammunition" means ammunition which is declared under section 2B(b) of this Act to be restricted ammunition;

"restricted firearm" means a firearm which is declared under section 2B (a) of this Act to be a restricted firearm;

"working mechanism", in relation to a firearm, includes the mechanism for loading, cocking and discharging it and ejecting spent ammunition.",".

We now move on to amendments broadly related to firearms issue. On Committee Stage I agreed that the definitions relating to section 1 of the principal Act should be consolidated as much as possible to provide ease of reference. Amendment No. 74 provides for this. As part of the consolidation, I have incorporated the definition of a firearm, as provided for in section 4 of the 1990 Act, into section 1 of the principal Act. Accordingly, my proposed amendments to section 1 of the principal Act and section 4 of the 1990 Act on Committee Stage have also been incorporated into a consolidated section 1 of the 1925 Act.

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