The Firearms (Northern Ireland) Order 2004
Draft 2004, ISBN 0110491327
Draft Order in Council laid before Parliament under paragraph 2(1)(a) of the Schedule to the Northern Ireland Act 2000, for approval by resolution of each House of Parliament
NORTHERN IRELAND
Made 2004
Coming into operation in accordance with Article 1
At the Court at Buckingham Palace, the ** day of ** 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:–
Contents
- Part I: INTRODUCTORY
- 1Title and commencement
- 2Interpretation
- Part II: FIREARM CERTIFICATES, ETC.
- Firearm certificates
- 3Firearm certificate required
- 4Application for firearm certificate
- 5Grant of firearm certificate
- 6Conditions
- 7Grant of firearm certificate to young persons
- 8Content and duration of firearm certificate
- 9Revocation of firearm certificate
- 10Consequences of revocation
- 11Variation of firearm certificate
- 12Certificate for prohibited weapon
- 13Surrender etc. of firearms on expiration of firearm certificate
- Museum firearms licences
- 14Museum firearms licence
- Visitor’s firearm permits
- 15Visitor’s firearm permit
- 16Revocation or variation of visitor’s firearm permit
- Certificates granted in Great Britain, etc.
- 17Firearm certificate or shotgun certificate granted in Great Britain
- 18Air guns held without a firearm certificate in Great Britain
- Issue, etc. of documents for European purposes
- 19Issue of European firearms pass
- 20Duration of European firearms pass
- 21Renewal of European firearms pass
- 22Article 7 authorities
- 23Variation, endorsement, etc. of European documents
- Part III: FIREARMS DEALERS
- 24Firearms dealer’s certificate required
- 25Application for firearms dealer’s certificate
- 26Grant of firearms dealer’s certificate
- 27Conditions
- 28Content and duration of firearms dealer’s certificate
- 29Revocation or variation of firearms dealer’s certificate
- 30Consequences of expiration or revocation of firearms dealer’s certificate
- 31Places of business: addition to certificate
- 32Places of business: removal from certificate
- 33Consequences where dealer convicted of an offence
- 34Exemptions from Article 24 for auctioneers
- 35Occasional permits
- 36Revocation or variation of occasional permit
- Part IV: CONTROL OF TRANSACTIONS
- 37Business and other transactions with firearms and ammunition
- 38Record of transactions in firearms
- 39Transfers of firearms and ammunition to be in person
- 40Notification of dealings involving firearms
- 41Notification of loss, repair or deactivation of firearms, etc.
- 42Notification of disposal or destruction, etc. taking place outside Northern Ireland
- 43Purchase or acquisition of firearms in other member States
- 44Firearms acquired for export
- Part V: PROHIBITION OF CERTAIN WEAPONS AND CONTROL OF ARMS TRAFFIC
- 45Weapons subject to general prohibition
- 46Exemptions from requirement of authority under Article 45
- 47Possession of firearms on service premises, etc.
- 48Power to prohibit movement of firearms and ammunition
- Part VI: FIREARMS CLUBS
- 49Authorisation
- 50Revocation or variation of authorisation
- 51Power of entry
- Part VII: ENFORCEMENT AND OFFENCES
- Enforcement
- 52Power of search with warrant
- 53Powers of constables to stop and search
- 54Production of firearms for ballistic and other tests
- 55Production of certificates, etc.
- 56Police powers in relation to firearms traffic
- 57Seizure and detention of firearms and ammunition
- Offences with firearms
- 58Possession with intent
- 59Use of firearm to resist arrest
- 60Carrying firearm with criminal intent
- 61Carrying or discharging firearm in a public place
- 62Trespassing with firearm
- 63Prohibition of possession, etc. of firearm by certain persons
- 64Possession of firearm or ammunition in suspicious circumstances
- 65Possession of loaded firearm while drunk or under influence of drugs
- 66Supplying firearm or ammunition to person who is drunk, etc.
- 67Conversion of weapons
- 68Defences
- General
- 69Prosecution and punishment of offences
- 70Minimum sentence for certain offences
- 71Power by order to exclude application of minimum sentence to those under 18
- 72Forfeiture and disposal of firearms; cancellation of certificate by convicting court
- 73False statements
- Part VIII: MISCELLANEOUS AND GENERAL
- 74Appeal from decision of Chief Constable
- 75Fees
- 76Application of Order to imitation firearms which are readily convertible into firearms
- 77Application of Order to Crown servants
- 78Application of certain provisions of this Order to police
- 79Delegation of functions
- 80Regulations and orders
- 81Saving and transitional provisions
- 82Amendments and repeals
- Signature
- Schedule 1: FIREARM CERTIFICATES – EXEMPTIONS
- Firearms dealers
- 1Paragraph 1
- Auctioneers, carriers and warehousemen
- 2Paragraph 2
- Slaughter of animals
- 3Paragraph 3
- Equipment for ships and aircraft
- 4Paragraph 4
- Sporting purposes
- 5Paragraph 5
- Athletics meetings, etc.
- 6Paragraph 6
- Firearms clubs
- 7Paragraph 7
- Recreational facilities
- 8Paragraph 8
- Air guns and ammunition
- 9Paragraph 9
- Rifles
- 10Paragraph 10
- Shotguns
- 11Paragraph 11
- Theatre and cinema
- 12Paragraph 12
- Schedule 2: FIREARMS AND AMMUNITION IN MUSEUMS
- Introductory
- 1Paragraph 1
- Museum firearms licences
- 2Paragraph 2
- Variation and revocation
- 3Paragraph 3
- Fees
- 4Paragraph 4
- Offences and enforcement
- 5Paragraph 5
- Schedule 3: RECORD OF TRANSACTIONS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Schedule 4: OFFENCES TO WHICH ARTICLE 59(2) APPLIES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Schedule 5TABLE OF PUNISHMENTS
- Schedule 6: FEES
- Firearm certificate
- Museum firearms licence
- Visitor’s firearm permit
- Firearms dealer’s certificate
- Firearms club
- Schedule 7: CONSEQUENTIAL AMENDMENTS
- Criminal Jurisdiction Act 1975 (c. 59)
- 1Paragraph 1
- Suppression of Terrorism Act 1978 (c. 26)
- 2Paragraph 2
- Customs and Excise Management Act 1979 (c. 2)
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)
- 6Paragraph 6
- Repatriation of Prisoners Act 1984 (c. 47)
- 7Paragraph 7
- Wildlife (Northern Ireland) Order 1985 (NI 2)
- 8Paragraph 8
- 9Paragraph 9
- Mental Health (Northern Ireland) Order 1986 (NI 4)
- 10Paragraph 10
- Criminal Justice Act 1988 (c. 33)
- 11Paragraph 11
- Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)
- 12Paragraph 12
- Criminal Justice (Northern Ireland) Order 1996 (NI 24)
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- Northern Ireland Arms Decommissioning Act 1997 (c. 7)
- 21Paragraph 21
- 22Paragraph 22
- Terrorism Act 2000 (c. 11)
- 23Paragraph 23
- 24Paragraph 24
- Criminal Justice and Police Act 2001 (c. 16)
- 25Paragraph 25
- Proceeds of Crime Act 2002 (c. 29)
- 26Paragraph 26
- Sexual Offences Act 2003 (c. 42)
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- Criminal Justice Act 2003 (c. 44)
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- Schedule 8REPEALS
- Explanatory note