John O'Mahony (Mayo, Fine Gael)
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Question 742: To ask the Minister for Justice, Equality and Law Reform if antique guns with no pin will be exempt from the gun licence; and if he will make a statement on the matter. [34373/09]

Dermot Ahern (Louth, Fianna Fail)
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Section 26 of the Firearms Act 1925 provides that 'Nothing in this Act relating to firearms shall apply to any antique firearm which is sold, bought, carried, or possessed as a curiosity or ornament'.

I understand, generally speaking, that firearms manufactured before the mid 19th Century which do not utilise modern type ammunition would be classed as antique firearms. Furthermore, deactivated or defective firearms, not capable of being fired, may be kept on the written authorisation of the local Garda Superintendent under Section 6 of the Firearms and Offensive Weapons Act 1990, as amended.

The Superintendent must be satisfied that the firearm is actually permanently deactivated and may request certification of same from a recognised proof house and may have the firearm examined by a suitably qualified member of the Garda Síochána.