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2004 No. 702 (N.I. 3)

NORTHERN IRELAND

The Firearms (Northern Ireland) Order 2004

  Made 10th March 2004 
  Coming into operation in accordance with Article 1


ARRANGEMENT OF ORDER


PART I

INTRODUCTORY
1. Title and commencement
2. Interpretation

PART II

FIREARM CERTIFICATES, ETC.
Firearm certificates
3. Firearm certificate required
4. Application for firearm certificate
5. Grant of firearm certificate
6. Conditions
7. Grant of firearm certificate to young persons
8. Content and duration of firearm certificate
9. Revocation of firearm certificate
10. Consequences of revocation
11. Variation of firearm certificate
12. Certificate for prohibited weapon
13. Surrender etc. of firearms on expiration of firearm certificate
Museum firearms licences
14. Museum firearms licence
Visitor's firearm permits
15. Visitor's firearm permit
16. Revocation or variation of visitor's firearm permit
Certificates granted in Great Britain, etc.
17. Firearm certificate or shotgun certificate granted in Great Britain
18. Air guns held without a firearm certificate in Great Britain
Issue, etc. of documents for European purposes
19. Issue of European firearms pass
20. Duration of European firearms pass
21. Renewal of European firearms pass
22. Article 7 authorities
23. Variation, endorsement, etc. of European documents

PART III

FIREARMS DEALERS
24. Firearms dealer's certificate required
25. Application for firearms dealer's certificate
26. Grant of firearms dealer's certificate
27. Conditions
28. Content and duration of firearms dealer's certificate
29. Revocation or variation of firearms dealer's certificate
30. Consequences of expiration or revocation of firearms dealer's certificate
31. Places of business: addition to certificate
32. Places of business: removal from certificate
33. Consequences where dealer convicted of an offence
34. Exemptions from Article 24 for auctioneers
35. Occasional permits
36. Revocation or variation of occasional permit

PART IV

CONTROL OF TRANSACTIONS
37. Business and other transactions with firearms and ammunition
38. Record of transactions in firearms
39. Transfers of firearms and ammunition to be in person
40. Notification of dealings involving firearms
41. Notification of loss, repair or deactivation of firearms, etc.
42. Notification of disposal or destruction, etc. taking place outside Northern Ireland
43. Purchase or acquisition of firearms in other member States
44. Firearms acquired for export

PART V

PROHIBITION OF CERTAIN WEAPONS AND CONTROL OF ARMS TRAFFIC
45. Weapons subject to general prohibition
46. Exemptions from requirement of authority under Article 45
47. Possession of firearms on service premises, etc.
48. Power to prohibit movement of firearms and ammunition

PART VI

FIREARMS CLUBS
49. Authorisation
50. Revocation or variation of authorisation
51. Power of entry

PART VII

ENFORCEMENT AND OFFENCES
Enforcement
52. Power of search with warrant
53. Powers of constables to stop and search
54. Production of firearms for ballistic and other tests
55. Production of certificates, etc.
56. Police powers in relation to firearms traffic
57. Seizure and detention of firearms and ammunition
Offences with firearms
58. Possession with intent
59. Use of firearm to resist arrest
60. Carrying firearm with criminal intent
61. Carrying or discharging firearm in a public place
62. Trespassing with firearm
63. Prohibition of possession, etc. of firearm by certain persons
64. Possession of firearm or ammunition in suspicious circumstances
65. Possession of loaded firearm while drunk or under influence of drugs
66. Supplying firearm or ammunition to person who is drunk, etc.
67. Conversion of weapons
68. Defences
General
69. Prosecution and punishment of offences
70. Minimum sentence for certain offences
71. Power by order to exclude application of minimum sentence to those under 18
72. Forfeiture and disposal of firearms; cancellation of certificate by convicting court
73. False statements

PART VIII

MISCELLANEOUS AND GENERAL
74. Appeal from decision of Chief Constable
75. Fees
76. Application of Order to imitation firearms which are readily convertible into firearms
77. Application of Order to Crown servants
78. Application of certain provisions of this Order to police
79. Delegation of functions
80. Regulations and orders
81. Saving and transitional provisions
82. Amendments and repeals

SCHEDULES:

  Schedule 1 Firearm certificates - exemptions

  Schedule 2 Firearms and ammunition in museums

  Schedule 3 Record of transactions

  Schedule 4 Offences to which Article 59(2) applies

  Schedule 5 Table of punishments

  Schedule 6 Fees

  Schedule 7 Consequential amendments

  Schedule 8 Repeals

At the Court at Buckingham Palace, the 10th day of March 2004

Present,

The Queen's Most Excellent Majesty in Council

Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:

     Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c.1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-



PART I

INTRODUCTORY

Title and commencement
    
1.  - (1) This Order may be cited as the Firearms (Northern Ireland) Order 2004.

    (2) This Part and Articles 79 to 81 shall come into operation on the expiration of one month from the day on which this Order is made.

    (3) The remaining provisions of this Order shall come into operation on such day or days as the Secretary of State may by order appoint.

Interpretation
    
2.  - (1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

    (2) In this Order - 

and includes, in relation to a person who is living or has lived with another person as husband and wife, any person who would fall within paragraph (a) or (b) if the parties were married to each other;

    (3) For the purposes of this Order the length of the barrel of a firearm shall be measured from the muzzle to the point at which the charge is exploded on firing.

    (4) For the purposes of this Order a shotgun or an air gun shall be deemed to be loaded if there is ammunition in the chamber or barrel or in any magazine or other device which is in such a position that the ammunition can be fed into the chamber or barrel by the manual or automatic operation of some part of the firearm.

    (5) In this Order - 

    (6) For the purpose of any reference in this Order to the use of any firearm or ammunition for a purpose not authorised by the European weapons directive, the directive shall be taken to authorise the use of a firearm or ammunition as or with a slaughtering instrument and the use of a firearm or ammunition - 

    (7) For the purposes of this Order it shall be presumed, unless the contrary is shown, that a firearm has been rendered incapable of discharging any shot, bullet or other missile, and has consequently ceased to be a firearm within the meaning of this Order, if either - 

or it satisfies the requirements of section 8 of the Firearms (Amendment) Act 1988 (c. 45) (corresponding provision for Great Britain) by virtue of work carried out on or after 1st October 1995.



PART II

FIREARM CERTIFICATES, ETC.

Firearm certificates

Firearm certificate required
     3.  - (1) A person who - 

shall be guilty of an offence.

    (2) A person who has in his possession, or purchases or acquires, any ammunition without holding a firearm certificate or otherwise than as authorised by a firearm certificate or in quantities in excess of those so authorised shall be guilty of an offence.

    (3) Paragraphs (1) and (2) have effect subject to Schedule 1 and the other provisions of this Order.

    (4) Schedule 1 (exemptions) shall have effect.

Application for firearm certificate
    
4.  - (1) An application for the grant of a firearm certificate must - 

    (2) The application must be accompanied in accordance with any requirements specified in the form by - 

    (3) Subject to paragraphs (4) to (6), a person is an appropriate person for the purposes of paragraph (2)(c) if he has known the applicant for at least two years and is of good character.

    (4) A person is not an appropriate person for the purposes of paragraph (2)(c) if he is - 

    (5) If the application includes a statement that the applicant - 

paragraph (6) applies instead of paragraphs (3) and (4) and in paragraph (6) "firearms club" means a firearms club authorised under Article 49.

    (6) For the purposes of paragraph (2)(c) - 

    (7) Before considering the application the Chief Constable must have - 

Grant of firearm certificate
    
5.  - (1) If he is satisfied that the applicant can be permitted to have in his possession without danger to public safety or to the peace the firearm or ammunition in respect of which the application is made, the Chief Constable may grant a firearm certificate.

    (2) The Chief Constable shall not grant a firearm certificate unless he is satisfied that the applicant - 

    (3) Subject to Article 7, the Chief Constable shall not grant a firearm certificate to a person under the age of 18.

    (4) The Chief Constable shall not grant a firearm certificate to a person who is prohibited by this Order from possessing a firearm.

    (5) The Chief Constable may, if he is satisfied that it is necessary to do so, provide the holder of a firearm certificate with a duplicate certificate on payment of the appropriate fee.

Conditions
    
6.  - (1) The Chief Constable may when granting a firearm certificate attach conditions to it.

    (2) The Chief Constable may at any time by notice in writing - 

    (3) For the purposes of paragraph (2) the Chief Constable may by notice under that paragraph require the holder of the certificate to produce it to him within 21 days from the date of the notice.

    (4) Paragraph (5) applies if - 

    (5) Where this paragraph applies, the Chief Constable may attach to the firearm certificate a condition requiring the holder for a specified period to have any specified firearm to which the certificate relates in his possession when loaded only if he is under the supervision of a person who has attained the age of 21 and has held a firearm certificate for a firearm of that description for at least three years.

    (6) A person who fails to comply with any condition subject to which a firearm certificate is held by him shall be guilty of an offence.

Grant of firearm certificate to young persons
    
7.  - (1) In this Article "young person" means a person under the age of 18 who has attained the age of 16.

    (2) The Chief Constable may grant a firearm certificate to a young person if - 

    (3) The Chief Constable may grant a firearm certificate to a young person if - 

    (4) This paragraph applies to an air gun which is capable of discharging a missile so that the missile has, on being discharged, a kinetic energy in excess of one joule.

Content and duration of firearm certificate
    
8.  - (1) A firearm certificate shall - 

    (2) A firearm certificate shall (unless revoked or cancelled) continue in force for five years from the date on which it is granted.

    (3) The Secretary of State may by order substitute for the period mentioned in paragraph (2) such period as is specified in the order.

Revocation of firearm certificate
    
9.  - (1) The Chief Constable shall revoke a firearm certificate if he is satisfied that the holder cannot be permitted to have in his possession or to purchase or acquire any firearm or ammunition to which the certificate relates without danger to public safety or to the peace.

    (2) The Chief Constable may revoke a firearm certificate if he has reason to believe that the holder - 

    (3) The Chief Constable shall revoke a firearm certificate if he is satisfied that the holder is prohibited by this Order from possessing a firearm.

    (4) The Chief Constable may revoke a firearm certificate if the holder fails to produce it in accordance with a notice under Article 6(2) (firearm certificate to be produced to Chief Constable within 21 days).

    (5) The Chief Constable may, subject to paragraph (6), partially revoke a firearm certificate, that is to say, he may revoke the certificate in relation to any firearm or ammunition which the holder is authorised by virtue of the certificate to have in his possession or to purchase or acquire.

    (6) The Chief Constable may partially revoke a firearm certificate under paragraph (5) only if he has reason to believe that the holder does not have a good reason for having in his possession, or for purchasing or acquiring, the firearm or ammunition to which the partial revocation relates.

Consequences of revocation
    
10.  - (1) Where a firearm certificate is revoked under Article 9(1), (2), (3) or (4) or Article 12(2) the Chief Constable shall by notice in writing require the holder to surrender it and the relevant firearms and ammunition.

    (2) Where a firearm certificate is partially revoked under Article 9(5) or 12(2), the Chief Constable shall by notice in writing require the holder to - 

    (3) The holder shall be guilty of an offence if he fails to comply with a notice under paragraph (1) or (2) within - 

or within such further period as the Chief Constable may in special circumstances allow.

    (4) Subject to paragraph (5), where a firearm certificate is revoked or partially revoked, the Chief Constable may by notice in writing require the holder to dispose of the relevant firearms and ammunition within such period from the date of the notice as may be specified in the notice.

    (5) If an appeal is brought against the revocation or partial revocation, paragraph (4) shall not apply unless the appeal is abandoned or dismissed, and shall then apply as if the reference to the date of the notice were to the date on which the appeal was abandoned or dismissed.

    (6) If the holder does not comply with a notice under paragraph (4) within the period specified in the notice (or that period as modified by paragraph (5)) or within such further time as the Chief Constable may in special circumstances allow, the Chief Constable may order that the relevant firearms or ammunition shall be destroyed or otherwise disposed of.

    (7) In this Article "relevant firearms and ammunition" means - 

Variation of firearm certificate
    
11.  - (1) The Chief Constable may vary a firearm certificate on the application of the holder and payment of the appropriate fee (if any).

    (2) If an application is made under paragraph (1) for a firearm or ammunition to be added to a firearm certificate, paragraphs (1) and (2) of Article 5 shall apply to the variation of the certificate as they apply to the grant of a certificate.

    (3) If a person - 

the dealer may vary that person's firearm certificate by substituting the second shotgun for the first shotgun.

Certificate for prohibited weapon
    
12.  - (1) The Chief Constable shall not refuse to grant, and shall not revoke or partially revoke, a firearm certificate in respect of a prohibited weapon or prohibited ammunition if the applicant or the holder is authorised by the Secretary of State under Article 45 to have possession of that weapon or ammunition.

    (2) If the Secretary of State revokes an authority to purchase or have possession of a prohibited weapon or prohibited ammunition, the Chief Constable shall revoke or, as the case may be, partially revoke the firearm certificate relating to that weapon or ammunition.

Surrender etc. of firearms on expiration of firearm certificate
    
13.  - (1) The Chief Constable may by notice in writing require the holder of a firearm certificate which has expired to surrender it and any firearms and ammunition to which it related immediately before its expiration and for which there is no firearm certificate in force.

    (2) The holder of a firearm certificate which has expired shall be guilty of an offence if he fails to comply with a notice under paragraph (1) within 21 days from the date of the notice or within such further time as the Chief Constable may in special circumstances allow.

    (3) The Chief Constable may by notice in writing require the holder of a firearm certificate which has expired to dispose of any firearms or ammunition mentioned in paragraph (1) within 21 days from the date of the notice.

    (4) If the holder does not comply with a notice under paragraph (3) within the period specified in the notice or within such further period as the Chief Constable may in special circumstances allow, the Chief Constable may order that the firearms or ammunition shall be destroyed or otherwise disposed of.

Museum firearms licences

Museum firearms licence
    
14. Schedule 2 (which exempts firearms and ammunition in museums and similar institutions from certain provisions of this Order) shall have effect.

Visitor's firearm permits

Visitor's firearm permit
    
15.  - (1) The holder of a visitor's firearm permit may, without holding a firearm certificate - 

    (2) The Chief Constable may, on an application made by a person resident in Northern Ireland on behalf of a person specified in the application, grant a permit (a "visitor's firearm permit") to the specified person.

    (3) An application for a visitor's firearm permit under this Article must - 

    (4) The Chief Constable shall not grant a visitor's firearm permit unless he is satisfied that the specified person - 

    (5) The Chief Constable shall not grant a person a visitor's firearm permit as respects any firearm or ammunition if he has reason to believe that - 

    (6) The Chief Constable shall not grant a visitor's firearm permit as respects any firearm unless - 

and if, in a case where a document has been produced to the Chief Constable in pursuance of sub-paragraph (a), he grants a visitor's firearm permit, he shall endorse on the document a statement which identifies the permit and the firearm to which it relates and briefly describes the effect of the permit.

    (7) A visitor's firearm permit shall specify - 

    (8) A visitor's firearm permit shall come into force on such date as is specified in it and continue in force for such period, not exceeding twelve months, as is so specified.

    (9) A single application (a "group application") may be made under this Article for the grant of not more than 20 visitor's firearm permits to persons specified in the application if it is shown to the satisfaction of the Chief Constable that their purpose in having the firearms in question in their possession while visiting Northern Ireland is - 

    (10) A person who fails to comply with a condition subject to which a visitor's firearm permit is held by him shall be guilty of an offence.

    (11) Any reference in this Order to a person who is entitled to possess, purchase or acquire any firearm or ammunition without holding a firearm certificate includes a reference to a person who is so entitled by virtue of a visitor's firearm permit.

Revocation or variation of visitor's firearm permit
    
16.  - (1) The Chief Constable may by notice in writing to the holder of a visitor's firearm permit revoke the permit or vary the conditions subject to which it is held.

    (2) Subject to paragraph (3), where the Chief Constable revokes a visitor's firearm permit, he may by notice in writing require the holder to surrender it, and if the holder fails to do so within such period as may be specified in the notice or within such further period as the Chief Constable may in special circumstances allow, the holder shall be guilty of an offence.

    (3) If an appeal is brought against the revocation, paragraph (2) shall not apply unless the appeal is abandoned or dismissed and shall then apply with the substitution for the reference to the date of the notice of a reference to the date on which the appeal was abandoned or dismissed.

Certificates granted in Great Britain, etc.

Firearm certificate or shotgun certificate granted in Great Britain
    
17.  - (1) The holder of a Great Britain certificate may, subject to any applicable conditions, have in his possession in Northern Ireland any firearm and ammunition to which the certificate relates if - 

    (2) A Great Britain certificate shall not continue in force in Northern Ireland by virtue of paragraph (1) for a period longer than that for which it was granted or renewed in Great Britain.

    (3) The Chief Constable may at any time require the holder of a certificate of approval to surrender it.

    (4) In this Article - 

Air guns held without a firearm certificate in Great Britain
    
18.  - (1) A person resident in Great Britain may, without holding a firearm certificate, have an air gun in his possession in Northern Ireland if - 

    (2) The Chief Constable may at any time require the holder of a certificate of approval to surrender it.

Issue, etc. of documents for European purposes

Issue of European firearms pass
    
19.  - (1) Where a person who resides in Northern Ireland is granted, or is the holder of, a firearm certificate, he shall be entitled to be issued by the Chief Constable with a European firearms pass.

    (2) A European firearms pass is a document - 

    (3) The particulars required by this paragraph are - 

    (4) A European firearms pass shall contain space for the making of entries by persons authorised to so do under the law of any member State.

    (5) A person may make an application under paragraph (1) - 

Duration of European firearms pass
    
20.  - (1) The period specified in a European firearms pass as the period for which it is to be valid shall be whichever is the shorter of the following - 

    (2) For the purposes of paragraph (1) the maximum period for the duration of a European firearms pass is - 

Renewal of European firearms pass
    
21.  - (1) On an application for a firearm certificate relating to a firearm identified in a European firearms pass, the applicant may apply to the Chief Constable for the renewal of the pass.

    (2) Where - 

the holder of the pass may apply to the Chief Constable for the renewal of the pass subject to the deletion of the reference to any firearm to which the expiring firearm certificate relates.

    (3) Where, on an application to the Chief Constable under paragraph (1) or (2) - 

he shall renew the pass, subject to any appropriate deletion, from that time to whichever is the shorter of the periods specified in Article 20(1)(a) and (b).

    (4) Where a European firearms pass ceases to be valid without being renewed under this Article, the Chief Constable shall by notice in writing require the person to whom the pass was issued to surrender it; and if that person fails to do so within 21 days from the date of the notice or within such further time as the Chief Constable may in special circumstances allow, he shall be guilty of an offence.

Article 7 authorities
    
22.  - (1) In this Order "Article 7 authority" means a document issued under paragraph (2) or (4).

    (2) Where a person who resides in Northern Ireland is granted, or is the holder of, a firearm certificate, he shall be entitled to be issued by the Chief Constable with a document stating that, for the purposes of Article 7 of the European weapons directive, the holder of the firearm certificate has the agreement of the United Kingdom authorities, for so long as the firearm certificate remains in force, to any purchase or acquisition by him in another member State of any firearm or ammunition to which the firearm certificate relates.

    (3) A person may make an application for the issue of an Article 7 authority under paragraph (2) - 

    (4) Where - 

the Chief Constable may issue him with a document stating that, for the purposes of Article 7 of the European weapons directive, he has the agreement of the United Kingdom authorities to any purchase or acquisition by him in another member State of that firearm or ammunition.

Variation, endorsement, etc. of European documents
    
23.  - (1) Where - 

the Chief Constable shall make such variations of the pass or authority as are appropriate in consequence of the variation, revocation, cancellation, notice or application or, where appropriate, cancel it.

    (2) For the purpose of paragraph (1) the Chief Constable shall by notice in writing require any person who is or has been the holder of any firearm certificate to produce or surrender any European firearms pass or Article 7 authority issued to him.

    (3) The Chief Constable may at any time - 

    (4) Where a firearm identified in a European firearms pass is lost or stolen, the holder of the pass shall immediately - 

    (5) Where a firearm to which an endorsement under paragraph (4) relates is returned to the holder of the pass in question, the Chief Constable may, on the production to him of that pass, make such further endorsement as may be appropriate.

    (6) A person - 

shall be guilty of an offence.



PART III

FIREARMS DEALERS

Firearms dealer's certificate required
    
24.  - (1) A person who, by way of trade or business - 

without holding a firearms dealer's certificate or otherwise than as authorised by a firearms dealer's certificate, shall be guilty of an offence.

    (2) Paragraph (1) has effect subject to Article 34 (auctioneers) and Article 35 (occasional permits).

Application for firearms dealer's certificate
    
25.  - (1) An application for the grant of a firearms dealer's certificate must - 

    (2) The application must be accompanied in accordance with any requirements specified in the form by the appropriate fee (if any).

Grant of firearms dealer's certificate
    
26.  - (1) The Chief Constable may grant a firearms dealer's certificate if he is satisfied that the applicant can be permitted to carry on business as a firearms dealer without danger to public safety or to the peace.

    (2) The Chief Constable shall not grant a firearms dealer's certificate unless he is satisfied that - 

    (3) Notwithstanding anything in paragraph (1) or (2), the Chief Constable shall grant a firearms dealer's certificate to any applicant who is authorised by the Secretary of State under Article 45 to manufacture, sell or transfer prohibited weapons or prohibited ammunition.

    (4) The Chief Constable shall not grant a firearms dealer's certificate to any applicant who is subject to an order of a court in Northern Ireland made under Article 33 or an order of a court in Great Britain made under section 45 of the Firearms Act 1968 (c. 27) (consequences where dealer convicted of offence).

    (5) The Chief Constable shall not grant a firearms dealer's certificate to any applicant who is prohibited by this Order from possessing a firearm.

    (6) The Chief Constable shall not grant a firearms dealer's certificate to a person under the age of 18 years.

    (7) The Chief Constable may, if he is satisfied that it is necessary to do so, provide the holder of a firearms dealer's certificate with a duplicate certificate on payment of the appropriate fee (if any).

Conditions
    
27.  - (1) The Chief Constable may when granting a firearms dealer's certificate attach conditions to it.

    (2) The Chief Constable may at any time by notice in writing - 

    (3) The powers of the Chief Constable under this Article include power to restrict the types, numbers and quantities of firearms and ammunition which may be kept or kept in any particular place.

    (4) The Secretary of State may give directions as to the conditions to be imposed, varied or revoked under this Article and the Chief Constable shall comply with any such direction.

    (5) For the purposes of paragraph (2) the Chief Constable may at any time by notice under that paragraph require the holder of the certificate to produce it to him within 21 days from the date of the notice.

    (6) Without prejudice to Article 29(2), a person who fails to comply with any condition subject to which a firearms dealer's certificate is held by him shall be guilty of an offence.

Content and duration of firearms dealer's certificate
    
28.  - (1) A firearms dealer's certificate shall specify - 

    (2) A firearms dealer's certificate shall (unless revoked or cancelled) continue in force for five years from the date on which it is granted.

Revocation or variation of firearms dealer's certificate
    
29.  - (1) The Chief Constable shall revoke a firearms dealer's certificate if, after giving reasonable notice to the holder, he is satisfied that the holder can no longer be permitted to continue to carry on business as a firearms dealer without danger to public safety or to the peace.

    (2) The Chief Constable shall revoke a firearms dealer's certificate if, after giving reasonable notice to the holder, he is satisfied that the holder - 

    (3) The Chief Constable shall revoke a firearms dealer's certificate if the holder is prohibited by this Order from possessing a firearm or holding a firearms dealer's certificate.

    (4) The Chief Constable may revoke a firearms dealer's certificate if the holder fails to comply with a notice under Article 27(5) (firearms dealer's certificate to be produced to Chief Constable).

    (5) In the case of a person authorised by the Secretary of State under Article 45 to manufacture, sell or transfer prohibited weapons or ammunition, the Chief Constable shall not revoke a firearms dealer's certificate under paragraph (1) or (2).

    (6) The Chief Constable on the application of the holder may vary a firearms dealer's certificate.

Consequences of expiration or revocation of firearms dealer's certificate
    
30.  - (1) Where a firearms dealer's certificate expires or is revoked, the Chief Constable may, if the certificate has expired, and shall, if it has been revoked, by notice in writing require the holder to surrender - 

and if he fails to do so within 21 days from the date of the notice or within such further time as the Chief Constable may in special circumstances allow, he shall be guilty of an offence.

    (2) If an appeal is brought against the revocation of the certificate, paragraph (1) shall not apply unless the appeal is abandoned or dismissed and shall then apply with the substitution for the reference to the date of the notice of a reference to the date on which the appeal was abandoned or dismissed.

    (3) The Chief Constable may by notice in writing require the holder of a firearms dealer's certificate which has expired or been revoked to dispose of any firearms or ammunition mentioned in paragraph (1) within such period from the date of the notice as may be specified in the notice.

    (4) If the holder does not comply with a notice under paragraph (3) within the period specified in the notice or within such further period as the Chief Constable may in special circumstances allow, the Chief Constable may order that the firearms or ammunition shall be destroyed or otherwise disposed of.

Places of business: addition to certificate
    
31.  - (1) The holder of a firearms dealer's certificate may apply for a place of business at which he proposes to carry on business as a firearms dealer to be added to the certificate.

    (2) An application under paragraph (1) must - 

    (3) If the Chief Constable is satisfied that the place of business is suitable for the purpose, he may amend the certificate.

Places of business: removal from certificate
    
32. The Chief Constable may remove a place of business from a firearms dealer's certificate if, after giving reasonable notice to the holder, he is satisfied that the holder - 

Consequences where dealer convicted of an offence
    
33.  - (1) Where the holder of a firearms dealer's certificate is convicted of any offence under this Order or an offence under the enactments relating to customs in respect of the import and export of firearms or ammunition the court may order - 

    (2) A person aggrieved by an order made under this Article may appeal against it in the same manner as against the conviction, and the court may suspend its operation pending the appeal.

Exemptions from Article 24 for auctioneers
    
34.  - (1) It is not an offence under Article 24 for an auctioneer to sell by auction, expose for sale by auction or have in his possession for sale by auction, firearms or ammunition, without holding a firearms dealer's certificate, if he - 

    (2) A permit may be granted in respect of one or more than one auction.

    (3) The Chief Constable may at any time by notice in writing - 

Occasional permits
    
35.  - (1) The holder of a firearms dealer's certificate may apply for a permit authorising him to deal in firearms and ammunition on one, or more than one, occasion at a place which is not a place of business specified in the certificate.

    (2) An application under paragraph (1) must - 

    (3) The Chief Constable may grant a permit under this Article if he is satisfied that the applicant can be permitted to deal in firearms and ammunition at the place and on every occasion specified in the permit without danger to public safety or the peace.

    (4) The Chief Constable may when granting a permit under this Article attach conditions to it.

    (5) The Chief Constable may at any time by notice in writing - 

    (6) The powers of the Chief Constable under paragraphs (4) and (5) include power to restrict the types, numbers and quantities of firearms and ammunition and impose requirements as to their security.

    (7) A permit under this Article shall specify - 

    (8) For the purposes of paragraph (5) the Chief Constable may at any time by notice under that paragraph require the holder of the permit to produce it to him within 21 days from the date of the notice.

    (9) A person who fails to comply with any condition attached to a permit under this Article shall be guilty of an offence.

Revocation or variation of occasional permit
    
36.  - (1) The Chief Constable shall revoke a permit granted under Article 35 if he is satisfied that the holder cannot be permitted to deal in firearms and ammunition at the place or on an occasion specified in the permit without danger to public safety or to the peace.

    (2) The Chief Constable may revoke a permit granted under Article 35 - 

    (3) Subject to paragraph (4), where the Chief Constable revokes a permit under this Article, he shall by notice in writing require the holder to surrender it, and if the holder fails to do so within 21 days from the date of the notice or within such further period as the Chief Constable may in special circumstances allow, the holder shall be guilty of an offence.

    (4) If an appeal is brought against the revocation, paragraph (3) shall not apply unless the appeal is abandoned or dismissed and shall then apply with the substitution for the reference to the date of the notice of a reference to the date on which the appeal was abandoned or dismissed.

    (5) The Chief Constable on the application of the holder may vary a permit granted under Article 35.



PART IV

CONTROL OF TRANSACTIONS

Business and other transactions with firearms and ammunition
    
37.  - (1) A person who sells or transfers to any other person in the United Kingdom, other than the holder of a firearms dealer's certificate, any firearm or ammunition, unless that other person - 

shall be guilty of an offence.

    (2) A person who undertakes the repair, test or proof of a firearm or ammunition for any other person in the United Kingdom, other than the holder of a firearms dealer's certificate, unless that other person - 

shall be guilty of an offence.

    (3) Paragraphs (1) and (2) have effect subject to any exemption under this Order.

    (4) A person who, with a view to purchasing or acquiring, or procuring the repair, test or proof of, any firearm or ammunition - 

shall be guilty of an offence.

    (5) A pawnbroker who takes in pawn from any person any firearm or ammunition shall be guilty of an offence.

    (6) It is not an offence under paragraph (1) for a person who is a carrier or warehouseman or an employee of a carrier or warehouseman to deliver any firearm or ammunition in the ordinary course of his business or employment as such.

    (7) It is not an offence under paragraph (1) for a person to part with the possession of any firearm or ammunition, otherwise than in pursuance of a contract of sale or hire or by way of gift or loan, to a person who shows that he is by virtue of this Order entitled to have possession of the firearm or ammunition without holding a firearm certificate.

Record of transactions in firearms
    
38.  - (1) A firearms dealer shall - 

    (2) The record shall - 

    (3) In the case of a sale or transfer, he shall at the time of the transaction require the purchaser or transferee, if not known to him, to provide him with particulars sufficient for identification.

    (4) If he keeps a record in any electronic form, he shall ensure that the information comprised in the record can readily be produced in a readable form which can be taken away.

    (5) He shall - 

    (6) An authorised officer shall produce his authority if required to do so.

    (7) A person who - 

shall be guilty of an offence.

    (8) In this Article - 

    (9) Nothing in this Article applies to the sale of firearms or ammunition by auction in accordance with the terms of a permit issued under Article 34(1).

Transfers of firearms and ammunition to be in person
    
39.  - (1) This Article applies where in Northern Ireland a firearm or ammunition is sold, let on hire, lent or given by any person ("the transferor") to another person ("the transferee") who is neither the holder of a firearms dealer's certificate nor a person who is entitled to purchase or acquire the firearm or ammunition without a firearm certificate or a visitor's firearm permit.

    (2) Where this Article applies - 

    (3) A person who fails to comply with paragraph (2) shall be guilty of an offence.

Notification of dealings involving firearms
    
40.  - (1) This Article applies where in Northern Ireland a firearm is sold, let on hire, lent or given.

    (2) Any party to a transfer to which this Article applies who is the holder of - 

shall within 72 hours of the transfer send notice of it to the Chief Constable.

    (3) A notice required by paragraph (2) shall - 

    (4) A person who fails to comply with this Article shall be guilty of an offence.

Notification of loss, repair or deactivation of firearms, etc.
    
41.  - (1) Where in Northern Ireland any firearm or ammunition to which a firearm certificate or visitor's firearm permit relates is lost (whether by theft or otherwise), the certificate or permit holder shall notify the Chief Constable immediately.

    (2) Where a person holding a firearm certificate or visitor's firearm permit in respect of any firearm which has been tested by virtue of Article 54 repairs or alters it or causes it to be repaired or altered, he shall, within 72 hours of the completion of the repair or alteration, send notice of it to the Chief Constable.

    (3) Where in Northern Ireland a firearm to which a firearm certificate or visitor's firearm permit relates is deactivated or destroyed, the certificate or permit holder shall within seven days of that event send notice of it to the Chief Constable.

    (4) A notice required by this Article shall - 

    (5) Any person who, without reasonable excuse, fails to comply with this Article shall be guilty of an offence.

    (6) For the purposes of this Article and Article 42 a firearm is deactivated if it would by virtue of Article 2(7) be presumed to have been rendered incapable of discharging any shot, bullet or other missile.

Notification of disposal or destruction, etc. taking place outside Northern Ireland
    
42.  - (1) Where outside Northern Ireland any firearm is sold or otherwise disposed of by a transferor whose acquisition or purchase of the firearm was authorised by a firearm certificate, the transferor shall within 7 days of the disposal send notice of it to the Chief Constable.

    (2) Any person who without reasonable excuse fails to comply with paragraph (1) shall be guilty of an offence.

    (3) Where, outside Northern Ireland - 

the certificate holder who was last in possession of the firearm or ammunition before that event shall within 7 days of the event send notice of it to the Chief Constable.

    (4) Any person who, without reasonable excuse, fails to comply with paragraph (3) shall be guilty of an offence.

    (5) A notice required by this Article shall - 

Purchase or acquisition of firearms in other member States
    
43.  - (1) Subject to paragraphs (2) and (3), where - 

he shall, within 7 days from the transaction, send notice of it to the Chief Constable.

    (2) A person shall not be required to give notice under paragraph (1) of a transaction under which he acquires a firearm on terms which - 

    (3) A person shall not be required to give notice under paragraph (1) of a transaction under which he purchases or acquires a firearm if he is the holder of a firearm certificate relating to that firearm and containing, in relation to that firearm, a condition that he may have it in his possession only for the purpose of its being kept or exhibited as part of a collection.

    (4) A notice required by paragraph (1) shall - 

    (5) A person who fails to comply with this Article shall be guilty of an offence.

Firearms acquired for export
    
44.  - (1) A person may, without holding a firearm certificate, purchase a firearm from a firearms dealer if - 

    (2) A person shall not be entitled under paragraph (1) to purchase any firearm which falls within category B for the purposes of Annex I to the European weapons directive unless he - 

    (3) A firearms dealer who sells a firearm to a person who shows that he is entitled by virtue of paragraph (1) to purchase it without holding a certificate shall within 48 hours from the transaction send the Chief Constable notice of it.

    (4) The notice of a transaction under paragraph (3) shall contain the particulars required to be recorded under Article 38(2)(a).

    (5) In the case of a transaction to which paragraph (3) applies, the particulars of which a dealer is required by Article 38(2) to keep a record shall include - 

    (6) A firearms dealer who fails to comply with paragraph (3) shall be guilty of an offence.



PART V

PROHIBITION OF CERTAIN WEAPONS AND CONTROL OF ARMS TRAFFIC

Weapons subject to general prohibition
    
45.  - (1) Subject to Article 46, a person who, without the authority of the Secretary of State, has in his possession, or purchases or acquires, or manufactures, sells or transfers - 

shall be guilty of an offence.

    (2) Subject to Article 46, a person who without the authority of the Secretary of State has in his possession, or purchases or acquires, or sells or transfers - 

    (3) An authority given to a person by the Secretary of State under this Article shall be in writing and shall be subject to such conditions as may be specified in the authority.

    (4) The conditions of the authority shall include such as the Secretary of State, having regard to the circumstances of each particular case, thinks fit to impose for the purpose of ensuring that the prohibited weapon or ammunition to which the authority relates will not endanger public safety or the peace.

    (5) It is an offence for a person to whom an authority is given under this Article to fail to comply with any of its conditions.

    (6) The Secretary of State may at any time revoke an authority given to a person under this Article by notice in writing requiring him to surrender the authority to such person as may be specified in the notice within 21 days from the date of the notice; and if he fails to comply with that requirement, he shall be guilty of an offence.

    (7) For the purposes of this Article and Article 46 - 

    (8) For the purposes of paragraph (1)(c), any detachable, folding, retractable or other movable butt-stock shall be disregarded in measuring the length of any firearm.

    (9) In this Article "muzzle-loading firearm" means a firearm which is designed to be loaded at the muzzle end of the barrel or chamber with a loose charge and a separate ball (or other missile).

    (10) The Secretary of State may by order add any firearm or any ammunition to the weapons or ammunition specified in paragraph (1) whether by altering the description of any weapon or ammunition in that paragraph or otherwise.

Exemptions from requirement of authority under Article 45
    
46.  - (1) The authority of the Secretary of State shall not be required by virtue of sub-paragraph (f) or (g) of Article 45(1) for any person to have in his possession, or to purchase, acquire, sell or transfer, any prohibited weapon or ammunition designed or adapted for the purpose of tranquillising or otherwise treating any animal, if he is authorised by a firearm certificate to possess, purchase or acquire that weapon or ammunition subject to a condition restricting its use to use in connection with the treatment of animals.

    (2) Subject to paragraph (3), the authority of the Secretary of State shall not be required by virtue of Article 45(2) for any person to have in his possession, or to purchase, acquire, sell or transfer, any prohibited weapon or ammunition if he is authorised by a firearm certificate to possess, purchase or acquire that weapon or ammunition subject to a condition that he does so only for the purpose of its being kept or exhibited as part of a collection.

    (3) No sale or transfer may be made under paragraph (2) except to a person who - 

    (4) The authority of the Secretary of State shall not be required by virtue of Article 45(2) for any person to have in his possession, or to purchase or acquire, any prohibited weapon or ammunition if his possession, purchase or acquisition is exclusively in connection with the carrying on of activities in respect of which - 

is recognised, for the purposes of the law of another member State relating to firearms, as a collector of firearms or a body concerned in the cultural or historical aspects of weapons.

    (5) The authority of the Secretary of State shall not be required by virtue of Article 45(2) for any person to have in his possession, or to purchase or acquire, any expanding ammunition or the missile for any such ammunition if - 

    (6) The authority of the Secretary of State shall not be required by virtue of Article 45(2) for any person to have in his possession any expanding ammunition or the missile for any such ammunition if - 

    (7) The authority of the Secretary of State shall not be required by virtue of Article 45(2) for the sale or transfer of any expanding ammunition or the missile for any such ammunition to any person who produces a firearm certificate by virtue of which he is authorised under paragraph (5) to purchase or acquire it without the authority of the Secretary of State.

    (8) The authority of the Secretary of State shall not be required by virtue of Article 45(2) for a person carrying on the business of a firearms dealer, or any employee of his, to have in his possession, or to purchase, acquire, sell or transfer, any expanding ammunition or the missile for any such ammunition if - 

    (9) In this Article - 

Possession of firearms on service premises, etc.
    
47.  - (1) A person under the supervision of a member of the armed forces may, without holding a firearm certificate or obtaining the authority of the Secretary of State under Article 45, have in his possession a firearm and ammunition on service premises.

    (2) A person who is being trained or assessed in the use of firearms under the supervision of a member of the Ministry of Defence Police may, without holding a firearm certificate or obtaining the authority of the Secretary of State under Article 45, have in his possession a firearm and ammunition on relevant premises for the purposes of the training or assessment.

    (3) Paragraph (1) does not apply to a person while engaged in providing security protection on service premises and paragraph (2) does not apply to a person while engaged in providing security protection on relevant premises.

    (4) In this Article - 

Power to prohibit movement of firearms and ammunition
     48.  - (1) The Secretary of State may by order prohibit the removal of any firearms or ammunition from one place to another in Northern Ireland unless the removal is authorised by the Chief Constable and unless such other conditions as may be specified in the order are complied with.

    (2) The Secretary of State may by order prohibit the removal of any firearms or ammunition - 

unless the removal is authorised by the Chief Constable and unless such other conditions as may be specified in the order are complied with.

    (3) An order under this Article may apply - 

but no such order shall prohibit the holder of a firearm certificate from carrying with him any firearms or ammunition authorised by the certificate to be so carried.

    (4) It is an offence to contravene any of the provisions of an order made under this Article or of an order under section 6 of the Firearms Act 1968 (c. 27) prohibiting the removal of firearms or ammunition from Great Britain to Northern Ireland.



PART VI

FIREARMS CLUBS

Authorisation
    
49.  - (1) The Chief Constable may, on payment of the appropriate fee, grant an authorisation for a firearms club if he is satisfied that it can operate without danger to public safety or to the peace.

    (2) The Chief Constable may at any time by notice in writing - 

    (3) An authorisation shall, unless the Chief Constable revokes it, continue in force for a period of five years from the date on which it is granted.

    (4) The Unlawful Drilling Act 1819 (c. 1) shall not have effect in relation to a firearms club if an authorisation is in force in relation to it.

    (5) Any person who - 

shall be guilty of an offence.

Revocation or variation of authorisation
    
50.  - (1) The Chief Constable may revoke an authorisation if he is not satisfied that the club can operate without danger to public safety or to the peace.

    (2) The Chief Constable may vary an authorisation on the application of an officer of the club.

    (3) In this Article "authorisation" means an authorisation granted under Article 49.

Power of entry
    
51.  - (1) A constable or member of the police support staff authorised in that behalf by the Chief Constable may on producing his authority if required to do so - 

for the purpose of ascertaining whether the conditions of any authorisation granted under Article 49 are being complied with.

    (2) Any person who intentionally obstructs a constable or a member of the police support staff in the exercise of his powers under this Article shall be guilty of an offence.

    (3) In this Article "premises" includes any place and in particular includes a range.



PART VII

ENFORCEMENT AND OFFENCES

Enforcement

Power of search with warrant
    
52.  - (1) If a justice of the peace is satisfied that there is reasonable ground for suspecting - 

he may grant a warrant for any of the purposes mentioned in paragraph (2).

    (2) A warrant under this Article may authorise a constable or a member of the police support staff - 

    (3) The power under paragraph (2)(b) to seize and detain anything found on any premises or place shall include power to require any information which is kept in any electronic form and is accessible from the premises or place to be produced in a readable form which can be taken away.

    (4) Any person who intentionally obstructs a constable or a member of the police support staff in the exercise of his powers under this Article shall be guilty of an offence.

Powers of constables to stop and search
    
53.  - (1) A constable may require any person whom he has reasonable cause to suspect - 

to hand over the firearm or ammunition for examination.

    (2) A person who, having a firearm or ammunition with him, fails to hand it over when required to do so by a constable under paragraph (1), shall be guilty of an offence.

    (3) If a constable has reasonable cause to suspect a person of having in his possession a firearm or ammunition in contravention of any provision of this Order, the constable may search that person.

    (4) If a constable has reasonable cause to suspect - 

he may search the vehicle and for that purpose require the person driving or in control of it to stop it.

    (5) If the person driving or in control of any vehicle fails to stop it when required to do so by a constable under paragraph (4) or refuses to permit the vehicle to be searched, he shall be guilty of an offence.

    (6) For the purpose of exercising the powers conferred by this Article a constable may enter any place.

Production of firearms for ballistic and other tests
    
54.  - (1) The Chief Constable may by notice in writing require any person having lawful possession of a firearm to produce it at such time and place as may be specified in the notice for the purpose of having ballistic or other tests carried out on it and of establishing and recording any distinctive characteristics.

    (2) A person who without reasonable excuse fails to comply with a notice issued under paragraph (1) shall be guilty of an offence.

Production of certificates, etc.
    
55.  - (1) A constable may demand from any person whom he believes to be in possession of a firearm or ammunition the production of his firearm certificate.

    (2) Where a person upon whom a demand has been made by a constable under paragraph (1) and whom the constable believes to be in possession of a firearm fails - 

the constable may demand from that person the production of a document which has been issued to that person in another member State under any such corresponding provisions, identifies that firearm as a firearm to which it relates and is valid.

    (3) If any person upon whom a demand is made under this Article fails - 

the constable may seize and detain the firearm or ammunition and may require the person to declare to him immediately his name and address.

    (4) If under this Article a person is required to declare to a constable his name and address, it is an offence for him to refuse to declare it or to fail to give his true name and address.

    (5) A person who, being in possession of a firearm, fails to comply with a demand under paragraph (2) shall be guilty of an offence.

Police powers in relation to firearms traffic
    
56.  - (1) Any constable may search for and seize any firearms or ammunition which he has reason to believe are being removed or have been removed, in contravention of an order made under Article 48 or of an order prohibiting the removal of firearms or ammunition from Great Britain to Northern Ireland made under section 6 of the Firearms Act 1968 (c. 27).

    (2) A person having the control or custody of any firearms or ammunition in course of transit shall, on demand by a constable - 

    (3) A person who fails to comply with paragraph (2) shall be guilty of an offence.

Seizure and detention of firearms and ammunition
    
57. In addition to any other powers conferred on him under this Order, a constable may seize and detain any firearms or ammunition in the possession of a person whom he believes to be in possession of them in contravention of any of the provisions of this Order.

Offences with firearms

Possession with intent
    
58.  - (1) A person who has in his possession any firearm or ammunition with intent - 

shall be guilty of an offence whether any injury to person or any damage to property has been caused or not.

    (2) A person who has in his possession any firearm or imitation firearm with intent - 

any person to believe that unlawful violence will be used against him or another person, shall be guilty of an offence.

Use of firearm to resist arrest
    
59.  - (1) A person who makes any use whatsoever of a firearm or imitation firearm with intent to resist or prevent the lawful arrest or detention of himself or any other person shall be guilty of an offence.

    (2) A person who at the time of his committing, or of his being arrested for, an offence specified in Schedule 4 has in his possession a firearm or imitation firearm, shall be guilty of an offence under this paragraph unless he shows that he had it in his possession for a lawful purpose.

    (3) For the purposes of this Article, the definition of "firearm" in Article 2(2) shall apply as if paragraphs (b) and (c) were omitted.

Carrying firearm with criminal intent
    
60.  - (1) A person who has with him a firearm or imitation firearm with intent - 

in either case while he has the firearm or imitation firearm with him, shall be guilty of an offence.

    (2) In proceedings for an offence under this Article proof that the accused had a firearm or imitation firearm with him and intended to commit an indictable offence or to resist or prevent arrest is evidence that he intended to have it with him while doing so.

    (3) In this Article "indictable offence" means an offence which, if committed by an adult, is triable on indictment (whether or not it is also triable by a court of summary jurisdiction) except an offence otherwise triable only by a court of summary jurisdiction which under Article 29 of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26) or any other statutory provision, is required to be tried on indictment at the instance of the accused or the prosecution.

Carrying or discharging firearm in a public place
    
61.  - (1) A person who has with him in a public place a loaded shotgun or loaded air gun or any other firearm (whether loaded or not) together with ammunition suitable for use in that firearm, shall be guilty of an offence unless he shows that he had lawful authority or reasonable excuse for doing so.

    (2) A person who discharges any firearm on any public road, or within 18 metres of the centre of any public road, or in any church, churchyard or burial ground shall be guilty of an offence unless he shows that he had lawful authority or reasonable excuse for doing so.

Trespassing with firearm
    
62.  - (1) A person who enters or is in any building or part of a building as a trespasser while he has a firearm or imitation firearm with him shall be guilty of an offence unless he shows that he had lawful authority or reasonable excuse for doing so.

    (2) A person who enters or is on any land as a trespasser while he has a firearm or imitation firearm with him shall be guilty of an offence unless he shows that he had lawful authority or reasonable excuse for doing so.

Prohibition of possession, etc. of firearm by certain persons
    
63.  - (1) Subject to paragraph (7), a person who has been sentenced to - 

shall not at any time purchase, acquire or have in his possession a firearm or ammunition unless the term of imprisonment or detention to which he was sentenced was less than three years.

    (2) Subject to paragraph (7), a person who has been sentenced to - 

shall not at any time before the expiration of the period of eight years from the date of his conviction, purchase, acquire or have in his possession a firearm or ammunition.

    (3) Subject to paragraph (7), while a person is prohibited by section 21 of the Firearms Act 1968 in Great Britain from having a firearm or ammunition in his possession, he shall also be prohibited from purchasing, acquiring or having in his possession a firearm or ammunition in Northern Ireland.

    (4) Subject to paragraph (7), a person who has been sentenced to detention during the pleasure of the Secretary of State under Article 45(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9) shall not purchase, acquire or have in his possession a firearm or ammunition.

    (5) A person shall not, while he is subject to - 

purchase, acquire or have in his possession a firearm or ammunition.

    (6) A person who contravenes any of the foregoing provisions of this Article shall be guilty of an offence.

    (7) A person prohibited under paragraph (1), (2), (3) or (4) from purchasing, acquiring or having in his possession a firearm or ammunition may apply to the Secretary of State to remove the prohibition, and, if the application is granted, the prohibition shall not then apply to that person.

    (8) A person who sells or transfers a firearm or ammunition to, or repairs, tests or proves a firearm or ammunition for, a person whom he knows or has reasonable ground for believing to be prohibited by this Article from purchasing, acquiring or having in his possession a firearm or ammunition, shall be guilty of an offence.

    (9) In this Article "sentenced" means sentenced in any part of the United Kingdom.

Possession of firearm or ammunition in suspicious circumstances
    
64.  - (1) A person who has in his possession any firearm or ammunition in suspicious circumstances shall be guilty of an offence unless he shows that he had it in his possession for a lawful purpose.

    (2) In paragraph (1) "suspicious circumstances" means circumstances such as to give rise to a reasonable suspicion that the person does not have the firearm or the ammunition in his possession for a lawful purpose.

    (3) This Article is without prejudice to any other provision of this Order.

Possession of loaded firearm while drunk or under influence of drugs
    
65. A person who has in his possession any loaded firearm while drunk or under the influence of drugs shall be guilty of an offence.

Supplying firearm or ammunition to person who is drunk, etc.
    
66. A person who sells or transfers any firearm or ammunition to, or repairs, proves or tests any firearm or ammunition for, a person whom he knows or has reasonable cause for believing to be drunk, under the influence of drugs, or suffering from mental disorder, shall be guilty of an offence.

Conversion of weapons
    
67.  - (1) Subject to paragraph (2), a person who shortens the barrel of a shotgun to a length less than 60.96 centimetres shall be guilty of an offence.

    (2) It shall not be an offence under paragraph (1) for the holder of a firearms dealer's certificate to shorten the barrel of a shotgun for the sole purpose of replacing a defective part of the barrel so as to produce a barrel of not less than 60.96 centimetres in length.

    (3) A person, other than the holder of a firearms dealer's certificate, who converts into a firearm anything which, though having the appearance of being a firearm, is so constructed as to be incapable of discharging any missile through its barrel, shall be guilty of an offence.

    (4) A person who commits an offence under Article 3 by having in his possession, or purchasing or acquiring - 

without holding a firearm certificate authorising him to have it in his possession, or to purchase or acquire it, shall be treated for the purposes of the provisions of this Order relating to the punishment of offences as committing that offence in an aggravated form.

Defences
    
68. In proceedings for an offence under Article 59(2), 61, 62 or 64, if a person adduces evidence which is sufficient to raise an issue with respect to a matter which he is required to show under any of those Articles, he shall be treated as having shown that matter unless the prosecution proves the contrary beyond reasonable doubt.

General

Prosecution and punishment of offences
    
69.  - (1) Schedule 5 sets out in tabular form the manner in which offences under this Order are punishable on conviction.

    (2) In relation to an offence under a provision of this Order specified in column (1) of Schedule 5 (the general nature of that offence being described in column (2)) - 

    (3) In column (4) of Schedule 5 - 

    (4) Subject to paragraph (5), summary proceedings for an offence under this Order - 

    (5) Paragraph (4) does not apply to an offence which by virtue of the entry relating to it in column (3) of Schedule 5 is triable also on indictment.

    (6) Paragraph (4) has effect notwithstanding anything in Article 19(1) of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26) (limitation of time for taking proceedings).

Minimum sentence for certain offences
    
70.  - (1) This Article applies where - 

    (2) The court shall - 

unless (in any of those cases) the court is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.

    (3) Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this Article to have been committed on the last of those days.

    (4) In this Article - 

Power by order to exclude application of minimum sentence to those under 18
    
71.  - (1) The Secretary of State may by order - 

    (2) The provision that may be made by virtue of paragraph (1)(b) includes, in particular, provision amending or repealing any statutory provision (whenever passed or made).

Forfeiture and disposal of firearms; cancellation of certificate by convicting court
    
72.  - (1) Where a person - 

the court before which he is convicted or by which the order is made may make such order as to the forfeiture or disposal of any firearm or ammunition found in his possession as the court thinks fit and may cancel any firearm certificate held by the person convicted.

    (2) Where the court cancels a firearm certificate under this Article - 

    (3) A constable may seize and detain any firearm or ammunition which may be the subject of an order for forfeiture under this Article.

    (4) The Chief Constable may order that any firearm or ammunition which is surrendered to, or seized or found by, any constable and in respect of which a firearm certificate has not been granted, shall be destroyed or otherwise disposed of.

    (5) Without prejudice to paragraph (4), a court of summary jurisdiction may on the application of the Chief Constable order any firearm or ammunition seized and detained by a constable under this Order to be destroyed or otherwise disposed of.

    (6) In the case of an offence under Article 48(4) or 56(3), the court before which the offender is convicted may, if he is the owner of the firearms or ammunition, make such an order as to their forfeiture as it thinks fit.

    (7) A person aggrieved by an order under paragraph (1) or paragraph (6) may appeal against the order in the same manner as against the conviction, and the court may, if it thinks fit, suspend the operation of the order pending the appeal.

False statements
    
73.  - (1) Any person who knowingly or recklessly makes any statement which is false in any material particular for the purpose of procuring, whether for himself or another person, the grant or variation of any certificate under this Order shall be guilty of an offence.

    (2) In this Article - 



PART VIII

MISCELLANEOUS AND GENERAL

Appeal from decision of Chief Constable
    
74.  - (1) A person aggrieved by a decision of the Chief Constable under this Order may appeal to the Secretary of State if it is a decision to which this Article applies.

    (2) On an appeal under this Article the Secretary of State may make such order as he thinks fit having regard to the circumstances.

    (3) This Article applies to the following decisions of the Chief Constable under this Order - 

    (4) In this Article - 

Fees
    
75.  - (1) Schedule 6 (fees) shall have effect.

    (2) Subject to this Order, there shall be payable in relation to any matter specified in the first column of that Schedule the fee specified in the second column (if any); and references in this Order to the appropriate fee shall be construed accordingly.

    (3) The Secretary of State may, with the approval of the Treasury, make an order varying any sum specified in Schedule 6 or providing that any such sum or any such sum as varied under this paragraph shall cease to be payable.

    (4) An order made under paragraph (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 (c. 36) shall apply accordingly.

    (5) No fee shall be payable on the grant to a responsible officer of a firearms club authorised under Article 49 of a firearm certificate in respect of firearms or ammunition to be used solely by the club.

    (6) No fee shall be payable on the grant or variation of a firearm certificate if the Chief Constable is satisfied that the firearm certificate relates solely to and, in the case of variation, will continue when varied to relate solely to - 

Application of Order to imitation firearms which are readily convertible into firearms
     76.  - (1) This paragraph applies to an imitation firearm if it is so constructed or adapted as to be readily convertible into a firearm.

    (2) For the purposes of this Order an imitation firearm shall be regarded as readily convertible into a firearm if - 

    (3) Subject to paragraphs (4) to (6), this Order shall apply in relation to an imitation firearm to which paragraph (1) applies as it applies in relation to a firearm; and references in this Order to a firearm shall be construed accordingly.

    (4) For the purposes of this Article (and this Order as it applies by virtue of this Article), the definition of "firearm" in Article 2(2) shall apply as if paragraphs (b) and (c) were omitted.

    (5) Articles 53, 58, 61 and 67(3) and (4) do not apply by virtue of this Article to an imitation firearm to which paragraph (1) applies.

    (6) In any proceedings brought by virtue of this Article for an offence under this Order involving an imitation firearm to which paragraph (1) applies, it shall be a defence for the accused to show that he did not know and had no reason to suspect that the imitation firearm was so constructed or adapted as to be readily convertible into a firearm.

Application of Order to Crown servants
    
77.  - (1) Articles 3 to 13 and paragraphs 1 and 4 of Schedule 1 apply, subject to the modifications specified in paragraph (2), to persons in the service of the Crown in their capacity as such so far as those provisions relate to the purchase and acquisition, but not so far as they relate to the possession, of firearms and ammunition.

    (2) The modifications referred to in paragraph (1) are the following - 

    (3) For the purposes of this Article and section 7 of the Interpretation Act (Northern Ireland) 1954 (c. 33) (Crown not bound), the persons specified in paragraph (4) shall be deemed to be in the armed forces, in so far as they are not otherwise in the armed forces or treated as being in the armed forces.

    (4) The persons referred to in paragraph (3) are the following - 

    (5) In paragraph (4) - 

Application of certain provisions of this Order to police
     78.  - (1) For the purposes of this Article the relevant provisions are Articles 3 to 13 and paragraphs 1 and 4 of Schedule 1.

    (2) The relevant provisions shall not apply to the following persons in their capacity as such so far as they relate to the possession of firearms and ammunition - 

    (3) Subject to paragraph (4), the relevant provisions shall apply to the persons specified in paragraph (2)(a) to (d) so far as they relate to the purchase or acquisition of firearms and ammunition.

    (4) The Chief Constable may purchase or acquire firearms or ammunition for police purposes without holding a firearm certificate.

Delegation of functions
    
79. The Chief Constable may direct in writing that any of his functions under this Order as are specified in the direction may be exercised by such police officers and members of the police support staff as are specified in the direction.

Regulations and orders
    
80.  - (1) The Secretary of State may make regulations - 

    (2) Regulations and orders made under this Order, except orders under Article 1, shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 (c. 36) shall apply accordingly.

Saving and transitional provisions
    
81.  - (1) Nothing in this Order shall apply to an antique firearm which is sold, purchased, acquired or possessed as a curiosity or ornament.

    (2) The provisions of this Order shall be in addition to and not in derogation of any statutory provision relating to the keeping and sale of explosives.

    (3) The Secretary of State may by order under Article 1 or 8(3) or paragraph 2(6) of Schedule 2 make such saving and transitional provisions as appear to him to be necessary or expedient.

    (4) Nothing in any provision of this Order shall affect the punishment for an offence committed before the commencement of that provision.

Amendments and repeals
    
82.  - (1) Schedule 7 (consequential amendments) shall have effect.

    (2) The statutory provisions specified in Schedule 8 are hereby repealed to the extent specified in the second column of that Schedule.


A. K. Galloway
Clerk of the Privy Council


SCHEDULES


SCHEDULE 1
Article 3


FIREARM CERTIFICATES - EXEMPTIONS


Firearms dealers

     1.  - (1) The holder of a firearms dealer's certificate may, without holding a firearm certificate, have in his possession or purchase or acquire a firearm or ammunition in the ordinary course of his business as a firearms dealer.

    (2) An employee of the holder of a firearms dealer's certificate may, without holding a firearm certificate, have in his possession or purchase or acquire a firearm or ammunition in the ordinary course of his employer's business as a firearms dealer.

    (3) Sub-paragraphs (1) and (2) apply to the possession, purchase or acquisition of a firearm or ammunition in the ordinary course of a firearms dealer's business even if the firearm or ammunition is in the possession of, or purchased or acquired by, the dealer or his employee at a place which is not specified as his place of business in his firearms dealer's certificate.

    (4) In sub-paragraph (5) "relevant supervision" means supervision provided for a customer in the ordinary course of a firearms dealer's business by the holder of a firearm dealer's certificate or his employee.

    (5) A person may, without holding a firearm certificate, have in his possession a firearm or ammunition while he is under relevant supervision.

Auctioneers, carriers and warehousemen

     2.  - (1) A person carrying on the business of an auctioneer, carrier or warehouseman or an employee of his may, without holding a firearm certificate, have in his possession a firearm or ammunition in the ordinary course of that business.

    (2) An auctioneer, carrier or warehouseman who - 

shall be guilty of an offence.

Slaughter of animals

     3.  - (1) A person licensed to slaughter animals may, without holding a firearm certificate, have in his possession a slaughtering instrument in any slaughterhouse in which he is employed.

    (2) The proprietor of a slaughterhouse or a person appointed by him to take charge of slaughtering instruments for the purpose of storing them in safe custody at that slaughterhouse may, without holding a firearm certificate, have in his possession a slaughtering instrument for that purpose.

    (3) In this paragraph - 

Equipment for ships and aircraft

     4.  - (1) A person may, without holding a firearm certificate, have in his possession on board a ship a firearm as part of the equipment of the ship.

    (2) A person may, without holding a firearm certificate - 

    (3) If he has obtained a permit from the Chief Constable, a person may, without holding a firearm certificate, remove - 

to or from a place and for a purpose specified in the permit.

    (4) In this paragraph "firearm" and "signalling apparatus" include ammunition for a firearm or a signalling apparatus, as the case may be.

Sporting purposes

     5. A person carrying a firearm or ammunition belonging to another person holding a firearm certificate may, without himself holding a firearm certificate, have in his possession that firearm or ammunition under instructions from that person and for that person's use for sporting purposes only.

Athletics meetings, etc.

     6. A person may, without holding a firearm certificate, have a firearm in his possession at an athletics meeting or other competitive occasion for the purpose of starting, finishing or abandoning races.

Firearms clubs

     7. A member of a firearms club which is authorised under Article 49 may, without holding a firearm certificate, have in his possession a firearm and ammunition when engaged as a member of the club in, or in connection with, drill or target shooting.

Recreational facilities

     8.  - (1) A person may, without holding a firearm certificate, acquire or have in his possession at a recreational facility an air gun if the person operating the facility has a firearm certificate for the gun.

    (2) Sub-paragraph (1) does not apply if - 

    (3) In sub-paragraph (1) "recreational facility" means a miniature rifle range, a shooting gallery or a facility for combat games.

    (4) Sub-paragraph (1) is without prejudice to paragraph 9.

    (5) Sub-paragraph (1) so far as it relates to a facility for combat games does not apply in relation to a person who is under the age of 16.

Air guns and ammunition

     9.  - (1) A person may, without holding a firearm certificate, have in his possession or purchase or acquire an air gun.

    (2) Sub-paragraph (1) does not apply if the air gun is capable of discharging a missile so that the missile has, on being discharged, a kinetic energy in excess of one joule.

    (3) A person who is under the age of 18 may not by virtue of sub-paragraph (1) - 

    (4) A person may, without holding a firearm certificate, have in his possession or purchase or acquire ammunition for an air gun.

Rifles

     10.  - (1) A person may, without holding a firearm certificate, borrow a rifle from the occupier of private premises and use it on those premises in the presence of the occupier or an employee of the occupier if - 

    (2) A person who by virtue of sub-paragraph (1) is entitled without holding a firearm certificate to borrow and use a rifle in another person's presence may also, without holding a firearm certificate, purchase or acquire ammunition for use in the rifle and have it in his possession during the period for which the rifle is borrowed if - 

    (3) Sub-paragraphs (1) and (2) do not apply in relation to a person who is under the age of 18.

Shotguns

     11.  - (1) A person may, without holding a firearm certificate, borrow a shotgun from the occupier of private premises and use it on those premises in the occupier's presence.

    (2) A person may, without holding a firearm certificate, use a shotgun at a time and place approved by the Chief Constable for shooting at artificial targets.

    (3) Sub-paragraphs (1) and (2) do not apply in relation to a person who is under the age of 18.

Theatre and cinema

     12.  - (1) A person taking part in a theatrical performance may, without holding a firearm certificate, have a firearm in his possession during and for the purpose of the performance.

    (2) A person taking part in the production of a film intended for public exhibition may, without holding a firearm certificate, have a firearm in his possession for the purpose of the production.

    (3) Where the Secretary of State is satisfied, on the application of a person in charge of a theatrical performance or the production of a film intended for public exhibition, that a prohibited weapon is required for the purpose of the performance or production, the Secretary of State may authorise - 

    (4) In this paragraph - 



SCHEDULE 2
Article 14


FIREARMS AND AMMUNITION IN MUSEUMS


Introductory

     1.  - (1) In this Schedule - 

    (2) References in this Schedule to the persons responsible for the management of a museum are to the board of trustees, governing body or other person or persons (whether or not incorporated) exercising corresponding functions.

Museum firearms licences

     2.  - (1) The Secretary of State may, on an application in writing made on behalf of a museum, grant a licence in respect of that museum.

    (2) While a licence is in force in respect of a museum the persons responsible for its management and their employees - 

    (3) The Secretary of State shall not grant a licence in respect of a museum unless he is satisfied that the arrangements for exhibiting and keeping the firearms and ammunition in question are or will be such as not to endanger public safety or the peace.

    (4) A licence shall be subject to such conditions specified in it as the Secretary of State thinks necessary for securing the safe custody of the firearms and ammunition in question.

    (5) A licence shall (unless revoked or cancelled) continue in force for five years from the date on which it is granted.

    (6) The Secretary of State may by order substitute for the period mentioned in sub-paragraph (5) such longer or shorter period as is specified in the order.

Variation and revocation

     3.  - (1) The Secretary of State may by notice in writing to the persons responsible for the management of a museum - 

    (2) For the purposes of sub-paragraph (1) the Secretary of State may by notice under that sub-paragraph require the persons in question to produce the licence to him within 21 days from the date of the notice.

    (3) The Secretary of State may by notice in writing to the persons responsible for the management of a museum revoke a licence held in respect of the museum if - 

    (4) Where a licence is revoked the Secretary of State shall by notice in writing require the persons responsible for the management of the museum in question to surrender the licence to him.

Fees

     4. The appropriate fee shall be payable on the grant of a licence or such lesser amount as the Secretary of State may in any particular case determine.

Offences and enforcement

     5.  - (1) It shall be an offence for any of the persons responsible for the management of a museum to - 

with any condition specified in the licence held in respect of that museum.

    (2) A person who fails to comply with a notice under paragraph 3 shall be guilty of an offence.

    (3) In proceedings against any person for an offence under sub-paragraph (1) it is a defence for him to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.



SCHEDULE 3
Article 38(2)


RECORD OF TRANSACTIONS


     1. The quantities and descriptions of firearms and ammunition manufactured and the dates of manufacture.

     2. The quantities and descriptions of firearms and ammunition purchased or acquired, with the names and addresses of the sellers or transferors and the dates of the transactions.

     3. The quantities and descriptions of firearms and ammunition accepted for sale, repair, test, proof, cleaning, safekeeping, destruction or other purpose, with the names and addresses of the transferors and the dates of the transactions.

     4. The quantities and descriptions of firearms and ammunition sold or transferred, with the names and addresses of the purchasers or transferees and the dates of the transactions.

     5. The quantities and descriptions of firearms and ammunition in possession for sale or transfer at the date of the last stocktaking or such other date in each year as may be specified in the record.



SCHEDULE 4
Article 59(2)


OFFENCES TO WHICH ARTICLE 59(2) APPLIES


     1. The common law offence of rape.

     2. Offences under any of the following provisions of the Offences Against the Person Act 1861 (c. 100) - 

sections 20 to 22 (inflicting bodily injury; garrotting; criminal use of stupefying drugs);
section 30 (laying of explosive near a building, etc.);
section 32 (endangering railway passengers by tampering with track);
section 47 (criminal assaults);
sections 53 to 55 (abduction of women).

     3. Offences under section 7 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28) (assault with intent to resist lawful apprehension).

     4. Offences under any of the following provisions of the Criminal Damage (Northern Ireland) Order 1977 (NI 4) - 

Article 3 (destroying or damaging property);
Article 4 (threats to destroy or damage property).

     5. Offences under Article 172 of the Road Traffic (Northern Ireland) Order 1981 (NI 1) (taking and driving away) so far as it relates to a motor vehicle.

     6. Offences under the Child Abduction (Northern Ireland) Order 1985 (NI 17) (abduction of children).

     7. Offences under section 123(1) of the Criminal Justice and Public Order Act 1994 (c. 33) (assault on prisoner custody officer).

     8. Offences under section 66 of the Police (Northern Ireland) Act 1998 (c. 32) (assault on, and obstruction of, constables, etc.).

     9. Offences under paragraph 4 of Schedule 11 to the Immigration and Asylum Act 1999 (c. 33) (assault on detainee custody officer).

     10. Attempting to commit any offence specified in paragraphs 1 to 9.

     11. Aiding, abetting, counselling or procuring the commission of any offence so specified.



SCHEDULE 5
Article 69


TABLE OF PUNISHMENTS


(1) (2) (3) (4)
Provision of this Order creating offence General nature of offence Mode of prosecution Punishment
Article 3(1)(a) Purchase, acquisition or possession of handgun without firearm certificate Indictment 10 years or a fine or both
Article 3(1)(b) Purchase, acquisition or possession of firearm other than handgun without firearm certificate (a) Summary

1 year or a fine of the statutory maximum or both
          (b) Indictment

If the offence is committed in an aggravated form within the meaning of Article 67(4), 7 years or a fine or both. In any other case, 5 years or a fine or both
Article 3(2) Purchase, acquisition or possession of ammunition without firearm certificate (a) Summary

1 year or a fine of the statutory maximum or both
          (b) Indictment

5 years or a fine or both
Article 6(6) Failure to comply with condition of firearm certificate Summary 1 year or level 5 or both
Article 10(3) Failure to surrender firearm certificate, firearms or ammunition when certificate is revoked or to produce firearm certificate when partially revoked Summary Level 3
Article 13(2) Failure to surrender expired firearm certificate or firearms or ammunition to which it related Summary Level 3
Article 15(10) Failure to comply with condition of visitor's firearm permit Summary 1 year or level 5 or both
Article 16(2) Failure to surrender visitor's firearm permit Summary Level 3
Article 21(4) Failure to surrender expired European firearms pass Summary Level 3
Article 23(6) Failure to produce European firearms pass or Article 7 authority, etc. Summary 3 months or level 5 or both
Article 24(1) Manufacturing, selling, repairing, etc. without firearms dealer's certificate (a) Summary

1 year or a fine of the statutory maximum or both
          (b) Indictment

5 years or a fine or both
Article 27(6) Failure to comply with condition of firearms dealer's certificate Summary 1 year or level 5 or both
Article 30(1) Failure of firearms dealer to surrender certificate or record of transactions on expiration or revocation of certificate Summary Level 3
Article 35(9) Contravention of condition of occasional permit Summary 1 year or level 5 or both
Article 36(3) Failure to surrender occasional permit Summary Level 3
Article 37(1), (2) Sale to any person, other than firearms dealer, who does not produce firearm certificate; repair for a person, other than not produce firearm certificate (a) Summary

1 year or a fine of the statutory maximum or both
          (b) Indictment

5 years or a fine or both
Article 37(4) Production of firearm certificate which is false, or in which a false entry has been made or making false statement with a view to purchasing or acquiring firearm (a) Summary

1 year or a fine of the statutory maximum or both
          (b) Indictment

5 years or a fine or both
Article 37(5). Pawnbroker taking firearm in pawn Summary 3 months or level 3 or both
Article 38(7) Failure to keep records or to permit inspection; making false record Summary 1 year or level 5 or both
Article 39(3) Failure to produce firearm certificate or comply with its instructions; transfer otherwise than in person (a) Summary

6 months or a fine of the statutory maximum or both
          (b) Indictment

5 years or a fine or both
Article 40(4) Failure to notify the Chief Constable of sale, etc. of firearm (a) Summary

6 months or a fine of the statutory maximum or both
          (b) Indictment

5 years or a fine or both
Article 41(5) Failure to notify Chief Constable of loss, repair, etc. of firearm tested under Article (a) Summary

6 months or a fine of the statutory maximum or both
     54 (b) Indictment

5 years or a fine or both
Article 42(2) Failure to notify Chief Constable of sale, etc. of Ireland (a) Summary the statutory maximum firearm outside Northern

6 months or a fine of or both
          (b) Indictment

5 years or a fine or both
Article 42(4) Failure to notify Chief Constable of loss, etc. of firearm or ammunition outside Northern Ireland (a) Summary

6 months or a fine of the statutory maximum of both
          (b) Indictment

5 years or a fine or both
Article 43(5) Failure to notify Chief Constable of purchase or acquisition of a firearm in another member State Summary 3 months or level 5 or both
Article 44(6) Failure to notify Chief Constable of sale of firearm to non-resident for export Summary 6 months or level 5 or both
Article 45 (1)(a), (b), (c), (d), (e) and (g) Manufacture, dealing in or possession of prohibited weapons Indictment 10 years or a fine or both
Article 45(1)(f) Manufacture, dealing in or possession of prohibited weapon designed for discharge of noxious liquid etc. (a) Summary

1 year or a fine of the statutory maximum or both
          (b) Indictment

10 years or a fine or both
Article 45(2)(a) Possession of or dealing in firearm disguised as other object Indictment 10 years or a fine or both
Article 45(2)(b), (c), (d), (e), (f) or (g) Possession of or dealing in other prohibited weapons (a) Summary

6 months or a fine of the statutory maximum or both
          (b) Indictment

10 years or a fine or both
Article 45(5) Failure to comply with conditions of authority relating to prohibited weapons Summary 1 year or level 5 or both
Article 45(6) Failure to surrender authority relating to prohibited weapons Summary Level 3
Article 48(4) Contravention of an order prohibiting the removal of firearms or ammunition Summary 1 year or, for each firearm or parcel of ammunition in respect of which the offence is committed, level 3, or both
Article 49(5)(a) Operating or participating in the activities of unauthorised (a) Summary

1 year or a fine of the statutory maximum or
     firearms club      both
          (b) Indictment

3 years or a fine or both
Article 49(5)(b) Contravention of conditions or limitations of an authorisation (a) Summary

1 year or a fine of the statutory maximum or both
          (b) Indictment

3 years or a fine or both
Article 51(2) Obstructing person inspecting firearms club premises Summary Level 3
Article 52(4) Obstructing constable or member of police support staff in exercise of search powers Summary 6 months or level 5 or both
Article 53(2) Failure to hand over firearm to constable for examination by him Summary 1 year or level 5 or both
Article 53(5) Failure to stop vehicle when required to do so by constable or refusal to permit it to be searched Summary 1 year or level 5 or both
Article 54(2) Failure to produce firearm for ballistic or other tests Summary 1 year or level 5 or both
Article 55(4) Refusal to declare name and address or failure to give true name and address Summary Level 3
Article 55(5) Failure to produce firearms pass issued in another member State Summary Level 3
Article 56(3) Failure to give constable facilities for inspecting firearms or ammunition, or failure to produce documents Summary 1 year, or for each firearm or parcel of ammunition in respect of which the offence is committed, level 3, or both
Article 58(1) Possession of firearm with intent to endanger life or cause serious damage to property Indictment Life imprisonment
Article 58(2) Possession of firearm with intent to cause fear of violence Indictment 10 years or a fine or both
Article 59(1) Use or attempted use of firearm to resist arrest Indictment Life imprisonment
Article 59(2) Possession of firearm while committing offence specified in Schedule 4 Indictment Life imprisonment
Article 60(1) Carrying firearm with criminal intent Indictment Life imprisonment
Article 61(1) Carrying firearm and ammunition in public place (a) Summary

1 year or a fine of the statutory maximum (level 5 if the firearm is an air gun) or both
          (b) Indictment (but not if the firearm is an air gun)

10 years or a fine or both
Article 61(2) Discharge of firearm in public place Summary 1 year or level 4 or both
Article 62(1) Trespassing with firearm in any building (a) Summary

1 year or a fine of the statutory maximum (level 5 in the case of an imitation firearm) or both
          (b) Indictment (but not in the case of an imitation firearm)

10 years or a fine or both
Article 62(2) Trespassing with a firearm on land Summary 1 year or level 5 or both
Article 63(6) Possession of firearm or ammunition by convicted person (a) Summary

1 year or a fine of the statutory maximum or both
          (b) Indictment

5 years or a fine or both
Article 63(8) Sale of firearm to convicted person; repair of firearm for convicted person (a) Summary

1 year or a fine of the statutory maximum or both
          (b) Indictment

5 years or a fine or both
Article 64 Possession of firearm or ammunition in suspicious circumstances (a) Summary

2 years or a fine of the statutory maximum or both
          (b) Indictment

10 years or a fine or both
Article 65 Possession of loaded firearm while drunk or under the influence of drugs Summary 6 months or level 3 or both
Article 66 Supplying firearm or ammunition to person who is drunk, etc. or suffering from mental disorder Summary 1 year or level 5 or both
Article 67(1), (3) Shortening the barrel of a shotgun or converting imitation firearm into firearm (a) Summary

1 year or a fine of the statutory maximum or both
          (b) Indictment

7 years or a fine or both
Article 72(2) Failure to surrender firearm certificate when cancelled by court Summary Level 3
Article 73(1) Making false statement to procure grant or variation of certificate Summary 1 year or level 5 or both
Schedule 1 paragraph 2(2) Failure of auctioneer, carrier or warehouseman to take reasonable precautions for safe custody of firearm or ammunition or failure to report loss or theft Summary 6 months or level 5 or both
Schedule 2 paragraph 5(1) Failure to comply with condition in museum firearms licence Summary 6 months or level 5 or both
Schedule 2 paragraph 5(2) Failure to surrender museum firearms licence Summary Level 3



SCHEDULE 6
Article 75


FEES


Firearm certificate

     1. Grant of firearm certificate

£50
     2. Variation by Chief Constable on application of holder (except as mentioned in paragraph 3)

£26
     3. Variation by Chief Constable to substitute one firearm for another of same calibre or type

£10
     4. Duplicate firearm certificate

£9

Museum firearms licence

     5. Grant of museum firearms licence

£200
     6. Extension of museum firearms licence to additional premises

£75

Visitor's firearm permit

     7. Grant of visitor's firearm permit (except where paragraph 8 applies)

£12
     8. Grant of six or more visitor's firearm permits (taken together) on a group application

£60

Firearms dealer's certificate

     9. Grant or renewal of firearms dealer's certificate

£150
     10. Duplicate firearms dealer's certificate

No fee

Firearms club

     11. Grant or renewal of authorisation

£84



SCHEDULE 7
Article 82


CONSEQUENTIAL AMENDMENTS


Criminal Jurisdiction Act 1975 (c. 59)

     1. In Schedule 1, for paragraph 9 substitute the following paragraph - 

     2. In Schedule 1, for paragraph 15 substitute the following paragraph - 

     3. In section 50(5A)(b), for "Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a)" and "1981" substitute respectively "Article 45(1)(a), (b), (c), (d), (e) or (g) or (2)(a)" and "2004".

     4. In Article 68(4A)(b), for "Article 6(1)(a), (ab), (ac), (ad), (ae), or (c) or (1A)(a)" and 1981" substitute respectively "Article 45(1)(a), (b), (c), (d), (e) or (g) or (2)(a)" and "2004".

     5. In section 170(4A)(b), for "Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a)" and "1981" substitute respectively "Article 45(1)(a), (b), (c), (d), (e) or (g) or (2)(a)" and "2004".

Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)

     6. In Article 29(1), for sub-paragraph (f) substitute the following sub-paragraph - 

     7. In the Schedule - 

     8. In Article 2(2) - 

     9. In Schedule 11, in paragraph 3 for "1981" substitute "2004".

Mental Health (Northern Ireland) Order 1986 (NI 4)

     10. In Article 44(4A), for "Article 52A" and "1981" substitute respectively "Article 70" and "2004".

Criminal Justice Act 1988 (c. 33)

     11. In section 141(13) for "1981" substitute "2004".

Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)

     12. In Schedule 5, in Part II, after paragraph 15 add the following - 

Criminal Justice (Northern Ireland) Order 1996 (NI 24)

     13. In Article 2(9), for "Article 52A" and "1981" substitute respectively "Article 70" and "2004".

     14. In Article 4(1), for "Article 52A(2)" and "1981" substitute respectively "Article 70(2)" and "2004".

     15. In Article 10(1), for "Article 52A(2)" and "1981" substitute respectively "Article 70(2)" and "2004".

     16. In Article 13(1), for "Article 52A(2)" and "1981" substitute respectively "Article 70(2)" and "2004".

     17. In Article 15(1), for "Article 52A(2)" and "1981" substitute respectively "Article 70(2)" and "2004".

     18. In Article 19(1), for "Article 52A(2)" and "1981" substitute respectively "Article 70(2)" and "2004".

     19. In Article 20(1), for "Article 52A(2)" and "1981" substitute respectively "Article 70(2)" and "2004".

     20. In Article 24(1), for "Article 52A(2)" and "1981" substitute respectively "Article 70(2)" and "2004".

Northern Ireland Arms Decommissioning Act 1997 (c. 7)

     21. In section 10(1) - 

     22. In paragraph 8 of the Schedule, after "1981" insert "or a corresponding provision of the Firearms (Northern Ireland) Order 2004".

Terrorism Act 2000 (c. 11)

     23. In section 77(3) for the entry relating to the Firearms (Northern Ireland) Order 1981 substitute - 

     24. In Schedule 9, in Part I, for paragraph 16 substitute the following paragraph - 

     25. In Schedule 1 (powers of seizure) - 

Proceeds of Crime Act 2002 (c. 29)

     26. In Schedule 5, in paragraph 5(2) for "Article 4(1)" and "1981 (S.I. 1981/155 (N.I. 2)" substitute respectively "Article 24(1)" and "2004 (S.I. 2004/ (N.I. ))".

Sexual Offences Act 2003 (c. 42)

     27. In paragraph 145 of Schedule 5 (other offences for the purposes of Part 2 of that Act), for "Article 17" and "1981 (S.I. 1981/155 (N.I. 2))" substitute respectively "Article 58(1)" and "2004 (S.I. 2004/ (N.I. ))".

     28. In paragraph 146 of that Schedule for "Article 17A" substitute "Article 58(2)".

     29. In paragraph 147 of that Schedule for "Article 18(1)" substitute "Article 59(1)".

     30. In paragraph 148 of that Schedule for "Article 18(2)" and "Schedule1" substitute respectively "Article 59(2)" and "Schedule 4".

     31. In paragraph 149 of that Schedule for "Article 19" substitute "Article 60".

Criminal Justice Act 2003 (c. 44)

     32. In paragraph 33 of Schedule 17 (violent offences and sexual offences), for "Article 17" and "1981 (S.I. 1981/155 (N.I. 2))" substitute respectively "Article 58(1)" and "2004 (S.I. 2004/ (N.I. ))".

     33. In paragraph 34 of that Schedule for "Article 17A" substitute "Article 58(2)".

     34. In paragraph 35 of that Schedule for "Article 18(1)" substitute "Article 59(1)".

     35. In paragraph 36 of that Schedule for "Article 18(2)" and "Schedule 1" substitute respectively "Article 59(2)" and "Schedule 4".

     36. In paragraph 37 of that Schedule for "Article 19" substitute "Article 60".



SCHEDULE 8
Article 82


REPEALS


Short Title Extent of repeal
The Firearms (Northern Ireland) Order 1981 (NI 2). The whole Order.
The Magistrates' Courts (Northern Ireland) Order 1981 (NI 26). In Schedule 6, paragraphs 174 and 175.
The Firearms (Northern Ireland) Order 1983 (NI 20). The whole Order.
The Child Abduction (Northern Ireland) Order 1985 (NI 17). Article 7(3) and (4)(b).
The Criminal Justice (Firearms) (Northern Ireland) Order 1988 (NI 15). The whole Order.
The Firearms (Amendment) (Northern Ireland) Order 1989 (NI 10). The whole Order.
The Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12). In Part II of Schedule 5, paragraphs 4 to 6 (and the cross-heading preceding paragraph 4).
The Firearms (Amendment) (Northern Ireland) Order 1992 (NI 14). The whole Order.
The Criminal Justice and Public Order Act 1994 (c. 33). Section 123(2).

Section 157(5)(b).

In Part III of Schedule 8 the entries relating to the Firearms (Northern Ireland) Order 1981.

The Firearms (Amendment) (Northern Ireland) Order 1994 (NI 17). The whole Order.
The Armed Forces Act 1996 (c. 46). Section 29.
The Police (Northern Ireland) Act 1998 (c. 32). In Schedule 4, paragraph 15.
The Police (Northern Ireland) Order 2001 (NI 3). Article 4.
The Police Reform Act 2002 (c. 30). Section 81(2).
The Criminal Justice Act 2003 (c. 44). Section 292.

In section 337(6), the words "sectsion 292 and Schedule 29;".

Schedule 29.




EXPLANATORY NOTE

(This note is not part of the Order)


This Order repeals and replaces the Firearms (Northern Ireland) Order 1981 (NI 2).

Part I is introductory. Part II provides for firearm certificates and other documents authorising the possession, purchase and acquisition of firearms and ammunition. Part III provides for firearms dealer's certificates and permits authorising dealing in firearms and ammunition on one or more occasions at a place of business not specified in a firearms dealer's certificate. Part IV regulates certain transactions with firearms and ammunition, requiring a firearms dealer to keep a record of transactions and requiring the Chief Constable to be notified of certain transfers and other matters relating to firearms and ammunition.

Part V places a prohibition on certain weapons and confers certain powers on the Secretary of State.

Part VI requires firearms clubs to be authorised.

Part VII provides powers of enforcement, offences with firearms and the powers of the courts with regard to offences under the Order. Part VIII provides for appeals from decisions of the Chief Constable, fees, and other miscellaneous and general matters.



Explanatory Memorandum



ISBN 0 11049138 6


  © Crown copyright 2004

Prepared 24 March 2004


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