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The Firearms (Northern Ireland) Order 2004

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This is the original version (as it was originally made).

Article 3

SCHEDULE 1FIREARM CERTIFICATES – EXEMPTIONS

This schedule has no associated Explanatory Memorandum

Firearms dealers

1.—(1) The holder of a firearms dealer’s certificate may, without holding a firearm certificate, have in his possession or purchase or acquire a firearm or ammunition in the ordinary course of his business as a firearms dealer.

(2) An employee of the holder of a firearms dealer’s certificate may, without holding a firearm certificate, have in his possession or purchase or acquire a firearm or ammunition in the ordinary course of his employer’s business as a firearms dealer.

(3) Sub-paragraphs (1) and (2) apply to the possession, purchase or acquisition of a firearm or ammunition in the ordinary course of a firearms dealer’s business even if the firearm or ammunition is in the possession of, or purchased or acquired by, the dealer or his employee at a place which is not specified as his place of business in his firearms dealer’s certificate.

(4) In sub-paragraph (5) “relevant supervision” means supervision provided for a customer in the ordinary course of a firearms dealer’s business by the holder of a firearm dealer’s certificate or his employee.

(5) A person may, without holding a firearm certificate, have in his possession a firearm or ammunition while he is under relevant supervision.

Auctioneers, carriers and warehousemen

2.—(1) A person carrying on the business of an auctioneer, carrier or warehouseman or an employee of his may, without holding a firearm certificate, have in his possession a firearm or ammunition in the ordinary course of that business.

(2) An auctioneer, carrier or warehouseman who—

(a)fails to take reasonable precautions for the safe custody of any firearm or ammunition which he or his employee has in his possession and for which he does not require a firearm certificate; or

(b)fails to report immediately to the Chief Constable the loss or theft of any such firearm or ammunition,

shall be guilty of an offence.

Slaughter of animals

3.—(1) A person licensed to slaughter animals may, without holding a firearm certificate, have in his possession a slaughtering instrument in any slaughterhouse in which he is employed.

(2) The proprietor of a slaughterhouse or a person appointed by him to take charge of slaughtering instruments for the purpose of storing them in safe custody at that slaughterhouse may, without holding a firearm certificate, have in his possession a slaughtering instrument for that purpose.

(3) In this paragraph—

“licensed” means licensed under the Welfare of Animals (Slaughter or Killing) Regulations (Northern Ireland) 1996 (S.R. 1996 No. 558);

“slaughterhouse” includes a knacker’s yard; and

“slaughtering instrument” includes ammunition for a slaughtering instrument.

Equipment for ships and aircraft

4.—(1) A person may, without holding a firearm certificate, have in his possession on board a ship a firearm as part of the equipment of the ship.

(2) A person may, without holding a firearm certificate—

(a)have in his possession on board an aircraft or at an aerodrome a signalling apparatus as part of the equipment of the aircraft or aerodrome;

(b)remove a signalling apparatus which is part of the equipment of an aircraft—

(i)from one aircraft to another at an aerodrome; or

(ii)from or to an aircraft at an aerodrome to or from a place appointed for its storage in safe custody at that aerodrome,

and keep any such apparatus at such a place.

(3) If he has obtained a permit from the Chief Constable, a person may, without holding a firearm certificate, remove—

(a)a firearm from or to a ship; or

(b)a signalling apparatus from or to an aircraft or aerodrome,

to or from a place and for a purpose specified in the permit.

(4) In this paragraph “firearm” and “signalling apparatus” include ammunition for a firearm or a signalling apparatus, as the case may be.

Sporting purposes

5.  A person carrying a firearm or ammunition belonging to another person holding a firearm certificate may, without himself holding a firearm certificate, have in his possession that firearm or ammunition under instructions from that person and for that person’s use for sporting purposes only.

Athletics meetings, etc.

6.  A person may, without holding a firearm certificate, have a firearm in his possession at an athletics meeting or other competitive occasion for the purpose of starting, finishing or abandoning races.

Firearms clubs

7.  A member of a firearms club which is authorised under Article 49 may, without holding a firearm certificate, have in his possession a firearm and ammunition when engaged as a member of the club in, or in connection with, drill or target shooting.

Recreational facilities

8.—(1) A person may, without holding a firearm certificate, acquire or have in his possession at a recreational facility an air gun if the person operating the facility has a firearm certificate for the gun.

(2) Sub-paragraph (1) does not apply if—

(a)the air gun is an air pistol capable of discharging a missile so that the missile has, on being discharged, a kinetic energy in excess of 8.13 joules; or

(b)in any other case, the air gun is capable of discharging a missile so that the missile has, on being discharged, a kinetic energy in excess of 16.27 joules.

(3) In sub-paragraph (1) “recreational facility” means a miniature rifle range, a shooting gallery or a facility for combat games.

(4) Sub-paragraph (1) is without prejudice to paragraph 9.

(5) Sub-paragraph (1) so far as it relates to a facility for combat games does not apply in relation to a person who is under the age of 16.

Air guns and ammunition

9.—(1) A person may, without holding a firearm certificate, have in his possession or purchase or acquire an air gun.

(2) Sub-paragraph (1) does not apply if the air gun is capable of discharging a missile so that the missile has, on being discharged, a kinetic energy in excess of one joule.

(3) A person who is under the age of 18 may not by virtue of sub-paragraph (1)—

(a)have an air gun in his possession without a firearm certificate unless he has attained the age of 14 or is under the supervision of a person who has attained the age of 21;

(b)purchase an air gun without a firearm certificate unless he has attained the age of 17.

(4) A person may, without holding a firearm certificate, have in his possession or purchase or acquire ammunition for an air gun.

Rifles

10.—(1) A person may, without holding a firearm certificate, borrow a rifle from the occupier of private premises and use it on those premises in the presence of the occupier or an employee of the occupier if—

(a)the occupier or employee in whose presence the rifle is used holds a firearm certificate for it; and

(b)the borrower’s possession and use of it complies with any conditions as to those matters in the certificate.

(2) A person who by virtue of sub-paragraph (1) is entitled without holding a firearm certificate to borrow and use a rifle in another person’s presence may also, without holding a firearm certificate, purchase or acquire ammunition for use in the rifle and have it in his possession during the period for which the rifle is borrowed if—

(a)the firearm certificate held by that other person authorises the holder to have in his possession at that time ammunition for the rifle of a quantity not less than that purchased or acquired by, and in the possession of, the borrower; and

(b)the borrower’s possession and use of the ammunition complies with any conditions as to those matters in the certificate.

(3) Sub-paragraphs (1) and (2) do not apply in relation to a person who is under the age of 18.

Shotguns

11.—(1) A person may, without holding a firearm certificate, borrow a shotgun from the occupier of private premises and use it on those premises in the occupier’s presence.

(2) A person may, without holding a firearm certificate, use a shotgun at a time and place approved by the Chief Constable for shooting at artificial targets.

(3) Sub-paragraphs (1) and (2) do not apply in relation to a person who is under the age of 18.

Theatre and cinema

12.—(1) A person taking part in a theatrical performance may, without holding a firearm certificate, have a firearm in his possession during and for the purpose of the performance.

(2) A person taking part in the production of a film intended for public exhibition may, without holding a firearm certificate, have a firearm in his possession for the purpose of the production.

(3) Where the Secretary of State is satisfied, on the application of a person in charge of a theatrical performance or the production of a film intended for public exhibition, that a prohibited weapon is required for the purpose of the performance or production, the Secretary of State may authorise—

(a)that person to have possession of the weapon; and

(b)such other persons as that person may select to have possession of it while taking part in the performance or production.

(4) In this paragraph—

“film” includes any record, however made, of a sequence of visual images, which is a record capable of being used as a means of showing that sequence as a moving picture; and

“theatrical performance” includes rehearsals.

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