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The Firearms (Northern Ireland) Order 2004

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This is the original version (as it was originally made).

Application of Order to imitation firearms which are readily convertible into firearms

Explanatory MemorandumShow EM

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—

(a)it can be so converted without any special skill on the part of the person converting it in the construction or adaptation of firearms of any description; and

(b)the work involved in converting it does not require equipment or tools other than such as are in common use.

(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.

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