Dáil Éireann Debate, Wednesday - 8 February 2023
312. Deputy Paul Murphy asked the Minister for Justice the laws and regulations, if any, that exist to ensure that weapons must be disarmed within a certain distance from the public; and if he will make a statement on the matter. [5600/23]
View answerI am assuming that the Deputy is referring to whether or not there are laws or regulations in place to ensure firearms must not be used or discharged within a certain distance from the public.
On that basis, I can advise the Deputy that section 8 of the Firearms and Offensive Weapons Act 1990 provides for an offence of reckless discharge of a firearm. A person who discharges a firearm being reckless as to whether any person will be injured or not, is guilty of an offence, whether any such injury is caused or not, and is liable -
(a) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding twelve months or to both, or
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 7 years or to both.
The maximum penalties on summary conviction and conviction on indictment under this provision were amended by section 64 of the Criminal Justice Act 2006. The maximum fine on summary conviction was increased from €1,270 to €5,000 and the maximum term of imprisonment on conviction on indictment was increased from 5 years to 7 years.
The Deputy may also wish to note that all individuals authorised to possess, use or carry any firearm under firearms legislation must at all times act in a responsible manner and fully comply with any conditions attached to the grant of a firearm certificate.
Section 3A of the Firearms Act 1925 provides for the issuance of guidelines from time to time on the practical application and operation of any provisions of firearms legislation. The Garda Commissioner issued the most recent version of the guidelines in 2018 and these can be viewed on the Garda Síochána website, www.garda.ie
