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The Firearms (Northern Ireland) Order 2004

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This is the original version (as it was originally made).

Firearms acquired for export

This section has no associated Explanatory Memorandum

44.—(1) A person may, without holding a firearm certificate, purchase a firearm from a firearms dealer if—

(a)that person has not been in Northern Ireland for more than 30 days in the preceding twelve months; and

(b)the firearm is purchased for the purpose only of being exported from Northern Ireland without first coming into that person’s possession.

(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—

(a)produces to the dealer from whom he purchases it a document which—

(i)has been issued under provisions which, in the member State where he resides, correspond to the provisions of Article 22 for the issue of Article 7 authorities; and

(ii)contains the prior agreement to its purchase which is required by Article 7 of the European weapons directive;

(b)shows that he is purchasing it exclusively in connection with the carrying on of activities in respect of which he, or the person on whose behalf he is purchasing the firearm, 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; or

(c)shows that he resides in the United Kingdom or outside the member States.

(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—

(a)the number and place of issue of the purchaser’s passport, if any; and

(b)where the transaction is one for the purposes of which a document such as is mentioned in paragraph (2)(a) is required to be produced, particulars of the agreement contained in that document.

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

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