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The Firearms (Northern Ireland) Order 2004

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2004, ISBN 0110491327

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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

  1. Part I: INTRODUCTORY
  2. 1Title and commencement
  3. 2Interpretation
  4. Part II: FIREARM CERTIFICATES, ETC.
  5. Firearm certificates
  6. 3Firearm certificate required
  7. 4Application for firearm certificate
  8. 5Grant of firearm certificate
  9. 6Conditions
  10. 7Grant of firearm certificate to young persons
  11. 8Content and duration of firearm certificate
  12. 9Revocation of firearm certificate
  13. 10Consequences of revocation
  14. 11Variation of firearm certificate
  15. 12Certificate for prohibited weapon
  16. 13Surrender etc. of firearms on expiration of firearm certificate
  17. Museum firearms licences
  18. 14Museum firearms licence
  19. Visitor’s firearm permits
  20. 15Visitor’s firearm permit
  21. 16Revocation or variation of visitor’s firearm permit
  22. Certificates granted in Great Britain, etc.
  23. 17Firearm certificate or shotgun certificate granted in Great Britain
  24. 18Air guns held without a firearm certificate in Great Britain
  25. Issue, etc. of documents for European purposes
  26. 19Issue of European firearms pass
  27. 20Duration of European firearms pass
  28. 21Renewal of European firearms pass
  29. 22Article 7 authorities
  30. 23Variation, endorsement, etc. of European documents
  31. Part III: FIREARMS DEALERS
  32. 24Firearms dealer’s certificate required
  33. 25Application for firearms dealer’s certificate
  34. 26Grant of firearms dealer’s certificate
  35. 27Conditions
  36. 28Content and duration of firearms dealer’s certificate
  37. 29Revocation or variation of firearms dealer’s certificate
  38. 30Consequences of expiration or revocation of firearms dealer’s certificate
  39. 31Places of business: addition to certificate
  40. 32Places of business: removal from certificate
  41. 33Consequences where dealer convicted of an offence
  42. 34Exemptions from Article 24 for auctioneers
  43. 35Occasional permits
  44. 36Revocation or variation of occasional permit
  45. Part IV: CONTROL OF TRANSACTIONS
  46. 37Business and other transactions with firearms and ammunition
  47. 38Record of transactions in firearms
  48. 39Transfers of firearms and ammunition to be in person
  49. 40Notification of dealings involving firearms
  50. 41Notification of loss, repair or deactivation of firearms, etc.
  51. 42Notification of disposal or destruction, etc. taking place outside Northern Ireland
  52. 43Purchase or acquisition of firearms in other member States
  53. 44Firearms acquired for export
  54. Part V: PROHIBITION OF CERTAIN WEAPONS AND CONTROL OF ARMS TRAFFIC
  55. 45Weapons subject to general prohibition
  56. 46Exemptions from requirement of authority under Article 45
  57. 47Possession of firearms on service premises, etc.
  58. 48Power to prohibit movement of firearms and ammunition
  59. Part VI: FIREARMS CLUBS
  60. 49Authorisation
  61. 50Revocation or variation of authorisation
  62. 51Power of entry
  63. Part VII: ENFORCEMENT AND OFFENCES
  64. Enforcement
  65. 52Power of search with warrant
  66. 53Powers of constables to stop and search
  67. 54Production of firearms for ballistic and other tests
  68. 55Production of certificates, etc.
  69. 56Police powers in relation to firearms traffic
  70. 57Seizure and detention of firearms and ammunition
  71. Offences with firearms
  72. 58Possession with intent
  73. 59Use of firearm to resist arrest
  74. 60Carrying firearm with criminal intent
  75. 61Carrying or discharging firearm in a public place
  76. 62Trespassing with firearm
  77. 63Prohibition of possession, etc. of firearm by certain persons
  78. 64Possession of firearm or ammunition in suspicious circumstances
  79. 65Possession of loaded firearm while drunk or under influence of drugs
  80. 66Supplying firearm or ammunition to person who is drunk, etc.
  81. 67Conversion of weapons
  82. 68Defences
  83. General
  84. 69Prosecution and punishment of offences
  85. 70Minimum sentence for certain offences
  86. 71Power by order to exclude application of minimum sentence to those under 18
  87. 72Forfeiture and disposal of firearms; cancellation of certificate by convicting court
  88. 73False statements
  89. Part VIII: MISCELLANEOUS AND GENERAL
  90. 74Appeal from decision of Chief Constable
  91. 75Fees
  92. 76Application of Order to imitation firearms which are readily convertible into firearms
  93. 77Application of Order to Crown servants
  94. 78Application of certain provisions of this Order to police
  95. 79Delegation of functions
  96. 80Regulations and orders
  97. 81Saving and transitional provisions
  98. 82Amendments and repeals
  99. Signature
  100. Schedule 1: FIREARM CERTIFICATES – EXEMPTIONS
  101. Firearms dealers
  102. 1Paragraph 1
  103. Auctioneers, carriers and warehousemen
  104. 2Paragraph 2
  105. Slaughter of animals
  106. 3Paragraph 3
  107. Equipment for ships and aircraft
  108. 4Paragraph 4
  109. Sporting purposes
  110. 5Paragraph 5
  111. Athletics meetings, etc.
  112. 6Paragraph 6
  113. Firearms clubs
  114. 7Paragraph 7
  115. Recreational facilities
  116. 8Paragraph 8
  117. Air guns and ammunition
  118. 9Paragraph 9
  119. Rifles
  120. 10Paragraph 10
  121. Shotguns
  122. 11Paragraph 11
  123. Theatre and cinema
  124. 12Paragraph 12
  125. Schedule 2: FIREARMS AND AMMUNITION IN MUSEUMS
  126. Introductory
  127. 1Paragraph 1
  128. Museum firearms licences
  129. 2Paragraph 2
  130. Variation and revocation
  131. 3Paragraph 3
  132. Fees
  133. 4Paragraph 4
  134. Offences and enforcement
  135. 5Paragraph 5
  136. Schedule 3: RECORD OF TRANSACTIONS
  137. 1Paragraph 1
  138. 2Paragraph 2
  139. 3Paragraph 3
  140. 4Paragraph 4
  141. 5Paragraph 5
  142. Schedule 4: OFFENCES TO WHICH ARTICLE 59(2) APPLIES
  143. 1Paragraph 1
  144. 2Paragraph 2
  145. 3Paragraph 3
  146. 4Paragraph 4
  147. 5Paragraph 5
  148. 6Paragraph 6
  149. 7Paragraph 7
  150. 8Paragraph 8
  151. 9Paragraph 9
  152. 10Paragraph 10
  153. 11Paragraph 11
  154. Schedule 5TABLE OF PUNISHMENTS
  155. Schedule 6: FEES
  156. Firearm certificate
  157. Museum firearms licence
  158. Visitor’s firearm permit
  159. Firearms dealer’s certificate
  160. Firearms club
  161. Schedule 7: CONSEQUENTIAL AMENDMENTS
  162. Criminal Jurisdiction Act 1975 (c. 59)
  163. 1Paragraph 1
  164. Suppression of Terrorism Act 1978 (c. 26)
  165. 2Paragraph 2
  166. Customs and Excise Management Act 1979 (c. 2)
  167. 3Paragraph 3
  168. 4Paragraph 4
  169. 5Paragraph 5
  170. Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)
  171. 6Paragraph 6
  172. Repatriation of Prisoners Act 1984 (c. 47)
  173. 7Paragraph 7
  174. Wildlife (Northern Ireland) Order 1985 (NI 2)
  175. 8Paragraph 8
  176. 9Paragraph 9
  177. Mental Health (Northern Ireland) Order 1986 (NI 4)
  178. 10Paragraph 10
  179. Criminal Justice Act 1988 (c. 33)
  180. 11Paragraph 11
  181. Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)
  182. 12Paragraph 12
  183. Criminal Justice (Northern Ireland) Order 1996 (NI 24)
  184. 13Paragraph 13
  185. 14Paragraph 14
  186. 15Paragraph 15
  187. 16Paragraph 16
  188. 17Paragraph 17
  189. 18Paragraph 18
  190. 19Paragraph 19
  191. 20Paragraph 20
  192. Northern Ireland Arms Decommissioning Act 1997 (c. 7)
  193. 21Paragraph 21
  194. 22Paragraph 22
  195. Terrorism Act 2000 (c. 11)
  196. 23Paragraph 23
  197. 24Paragraph 24
  198. Criminal Justice and Police Act 2001 (c. 16)
  199. 25Paragraph 25
  200. Proceeds of Crime Act 2002 (c. 29)
  201. 26Paragraph 26
  202. Sexual Offences Act 2003 (c. 42)
  203. 27Paragraph 27
  204. 28Paragraph 28
  205. 29Paragraph 29
  206. 30Paragraph 30
  207. 31Paragraph 31
  208. Criminal Justice Act 2003 (c. 44)
  209. 32Paragraph 32
  210. 33Paragraph 33
  211. 34Paragraph 34
  212. 35Paragraph 35
  213. 36Paragraph 36
  214. Schedule 8REPEALS
  215. Explanatory note