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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 November 2006 - onwards
Version 2 of 2

58. Substitution of section 27 of Firearms Act 1964.

The following section is substituted for section 27 of the Firearms Act 1964:

"27. Prohibition of use of firearms to assist or aid escape.

(1) A person shall not use or produce a firearm or imitation firearm -

(a) for the purpose of or while resisting the arrest of the person or of another person by a member of the Garda Síochána, or

(b) for the purpose of aiding, or in the course of, the escape or rescue of the person or of another person from lawful custody.

(2) A person who contravenes subsection (1) of this section is guilty of an offence and liable on conviction on indictment -

(a) to imprisonment for life or such shorter term as the court may determine, subject to subsections (4) to (6) of this section or, where subsection (8) of this section applies, to that subsection, and

(b) at the court’s discretion, to a fine of such amount as the court considers appropriate.

(3) The court, in imposing sentence on a person for an offence under this section, may, in particular, have regard to whether the person has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005.

(4) Where a person (other than a person under the age of 18 years) is convicted of an offence under this section, the court shall, in imposing sentence, specify a term of imprisonment of not less than 10 years as the minimum term of imprisonment to be served by the person.