Explanatory note

These Regulations (which are made under section 2(2) of the European Communities Act 1972) amend the Firearms (Northern Ireland) Order 1981 “the 1981 Order”) for the purpose of implementing requirements of Council Directive No. 91/447/EEC (on the control of the acquisition and possession of weapons) (O.J. No. L256, 13.9.91, page 51) (“the Directive”). References in this note to categories are references to categories in Annex I to the Directive.

Regulation 3defines certain expressions used in the 1981 Order as amended by these Regulations.

Regulation 4makes the additional provision in the 1981 Order which is necessary for the purpose of implementing the requirements of Article 6 of the Directive. The weapons and ammunition referred to in the regulation are classified as prohibited weapons and ammunition under Article 6 of the 1981 Order, that is to say, in this instance, weapons and ammunition whose possession, purchase, acquisition, sale or transfer requires the authority of the Secretary of State. The regulation contains an exception for collectors and bodies recognised for the purposes of the law of another member State as being concerned with the cultural and historical aspects of weapons, in light of their general exception under Article 2.2 of the Directive. There is an exception for licensed slaughterers in respect of expanding ammunition for use with a slaughtering instrument. There is also an exception in respect of expanding pistol ammunition for persons whose firearm certificates limit its use for purposes authorised by the Directive (“the authorised purposes”) that is to say use with a slaughtering instrument or for the purposes of sport, the shooting of vermin and, in connection with estate management, other wildlife, competition and target shooting outside competition. Registered firearms dealers whose certificates of registration enable them to do so may acquire such ammunition for sale or transfer to persons who fall within the exception.

Regulation 5implements the requirements of Article 1.4 of and Annex II to the Directive by providing for the issue or renewal, on request, of a European Firearms Pass. The regulation also implements Article 7.1 of the Directive, insofar as it requires a resident of Northern Ireland to have the agreement of his domestic authorities to his purchase of a category B firearm, or ammunition for such a firearm, in another member State; it does this by providing for the issue of an authorisation which is referred to as an “Article 7 authority”. In both cases the document in question is to be issued by the Chief Constable to a person who is granted or is the holder of a firearm certificate. However, there is provision also for the issue of an Article 7 authority to a person without a certificate who does not intend to bring the firearm or ammunition in question into the United Kingdom.

Regulation 6(1)implements the requirement in Article 12.1 of the Directive that a visitor’s European Firearms Pass should record the authorisation given by the State he is visiting. The effect of regulation 6(1) is that details of a visitor’s firearm certificate are to be entered on his European Firearms Pass, unless he can show that he is not entitled to have such a pass or that he falls wholly within the general exception for collectors and bodies concerned in the cultural and historical aspects of weapons.

Regulation 6(2)implements the requirements in Articles 1.4 and 12.1 of the Directive respectively that the visitor is to retain possession of his European Firearms Pass and produce it whenever so required by the authorities. It requires the production of a pass on demand by a constable.

Regulation 7implements the requirement in Article 8.2 of the Directive that a resident of Northern Ireland who purchases or acquires a Category C firearm in another member State must inform his own domestic authorities of the transaction, by requiring him to give notice of the transaction to the Chief Constable. There are exceptions if he does not intend to remove the firearm from the member State where the acquisition takes place or if he falls wholly within the general exception for collectors and bodies concerned in the cultural and historical aspects of weapons.

Regulation 8sets out the punishments for the new offences created by these regulations.

Regulation 9removes any obligation as to confidentiality or secrecy with regard to the disclosure of information which is required to be disclosed in pursuance of the Directive, in particular by Article 13.