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Explanatory Memorandum to Firearms (Northern Ireland) Order 2004

Article 63 - Prohibition of possession, etc. of firearm by certain persons

Provides that a person convicted of a crime and sentenced to a period of imprisonment or detention in a young offenders centre of 3 years or more is prohibited for life from purchasing, acquiring or having a firearm or ammunition in his possession.  Where the sentence is for a period of 3 months or more but less than 3 years he is prohibited for a period of 8 years. A person sentenced to detention during the pleasure of the Secretary of State under Article 45(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 is also prohibited for life.

A person subject to a recognizance to keep the peace or to be of good behaviour; or a probation order, a condition or requirement of which is that he shall not possess, use or carry a firearm; or a licence under Article 46 of the Criminal Justice (Children)(Northern Ireland) Order 1998, must not purchase, acquire or possess a firearm or ammunition. A person prohibited in Great Britain under section 21 of the Firearms Act 1968 is also prohibited in Northern Ireland.  It is an offence to contravene any of the provisions of this Article.

A person prohibited under this Article may apply to the Secretary of State for the removal of the prohibition. It is an offence to sell, transfer, repair, test, etc. any firearm or ammunition to or for a prohibited person.

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