SCHEDULES

SCHEDULE 5TABLE OF PUNISHMENTS

Article 69

Annotations:
Amendments (Textual)
F6

Words in Sch. 5 inserted (16.4.2015) by The Firearms Regulations 2015 (S.I. 2015/860), regs. 1(1)(3), 3(6)

F11

Words in Order substituted (31.12.2020 immediately before IP completion day) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1371), regs. 1, 5(3)

F10

Words in Sch. 5 inserted (16.5.2019) by Offensive Weapons Act 2019 (c. 17), ss. 55(6)(a), 70(5)(k)

F9

Sch. 5 entries inserted (13.5.2016) by Justice Act (NorthernIreland) 2016 (c. 21), s. 61(1), Sch. 5 para. 1(8)

F7

Words in Sch. 5 inserted (13.5.2016) by Justice Act (NorthernIreland) 2016 (c. 21), s. 61(1), Sch. 5 para. 1(9)

(1)

(2)

(3)

(4)

Provision of this Order creating offence

General nature of offence

Mode of prosecution

Punishment

Article 3(1)(a)

Purchase, acquisition or possession of handgun without firearm certificate

Indictment

10 years or a fine or both

Article 3(1)(b)

Purchase, acquisition or possession of firearm other than handgun without firearm certificate

a

Summary

1 year or a fine of the statutory maximum or both

b

Indictment

If the offence is committed in an aggravated form within the meaning of Article 67(4), 7 years or a fine or both. In any other case, 5 years or a fine or both

Article 3(2)

Purchase, acquisition or possession of ammunition without firearm certificate

a

Summary

1 year or a fine of the statutory maximum or both

b

Indictment

5 years or a fine or both

Article 6(6)

Failure to comply with condition of firearm certificate

Summary

1 year or level 5 or both

Article 10(3)

Failure to surrender firearm certificate, firearms or ammunition when certificate is revoked or to produce firearm certificate when partially revoked

Summary

Level 3

F8Article 11(7)

Failure of firearms dealer to notify Chief Constable of variation of firearm certificate

Summary

Level 3

Article 13(2)

Failure to surrender expired firearm certificate or firearms or ammunition to which it related

Summary

Level 3

Article 15(10)

Failure to comply with condition of visitor's firearm permit

Summary

1 year or level 5 or both

Article 16(2)

Failure to surrender visitor's firearm permit

Summary

Level 3

Article 21(4)

Failure to surrender expired European firearms pass

Summary

Level 3

Article 23(6)

Failure to produce European firearms pass or Article 7 authority, etc.

Summary

3 months or level 5 or both

Article 24(1)

Manufacturing, selling, repairing, etc. without firearms dealer's certificate

a

Summary

1 year or a fine of the statutory maximum or both

b

Indictment

5 years or a fine or both

Article 27(6)

Failure to comply with condition of firearms dealer's certificate

Summary

1 year or level 5 or both

Article 30(1)

Failure of firearms dealer to surrender certificate or records of transactions on expiration or revocation of certificate

Summary

Level 3

Article 35(9)

Contravention of condition of occasional permit

Summary

1 year or level 5 or both

Article 36(3)

Failure to surrender occasional permit

Summary

Level 3

Article 37(1), (2)

Sale to any person, other than firearms dealer, who does not produce firearm certificate; repair for a person, other than a firearms dealer, who does not produce firearm certificate

a

Summary

1 year or a fine of the statutory maximum or both

b

Indictment

5 years or a fine or both

Article 37(4)

Production of firearm certificate which is false, or in which a false entry has been made or making false statement with a view to purchasing or acquiring firearm

a

Summary

1 year or a fine of the statutory maximum or both

b

Indictment

5 years or a fine or both

Article 37(5).

Pawnbroker taking firearm in pawn

Summary

3 months or level 3 or both

F6Article 38(6A)

F6Failure to send copy of record of transaction to the Chief Constable

F6Summary

F63 months or level 5 or both

Article 38(7)

Failure to keep records or to permit inspection; making false record

Summary

1 year or level 5 or both

Article 39(3)

Failure to produce firearm certificate or comply with its instructions; transfer otherwise than in person

a

Summary

6 months or a fine of the statutory maximum or both

b

Indictment

5 years or a fine or both

Article 40(4)

Failure to notify the Chief Constable of sale, etc. of firearm

a

Summary

6 months or a fine of the statutory maximum or both

b

Indictment

5 years or a fine or both

Article 41(5)

Failure to notify Chief Constable of loss, repair, etc. of firearm tested under Article 54

a

Summary

6 months or a fine of the statutory maximum or both

b

Indictment

5 years or a fine or both

Article 42(2)

Failure to notify Chief Constable of sale, etc. of firearm outside Northern Ireland

a

Summary

6 months or a fine of the statutory maximum or both

b

Indictment

5 years or a fine or both

Article 42(4)

Failure to notify Chief Constable of loss, etc. of firearm or ammunition outside Northern Ireland

a

Summary

6 months or a fine of the statutory maximum of both

b

Indictment

5 years or a fine or both

Article 43(5)

Failure to notify Chief Constable of purchase or acquisition of a firearm in F11a member State

Summary

3 months or level 5 or both

Article 44(6)

Failure to notify Chief Constable of sale of firearm to non-resident for export

Summary

6 months or level 5 or both

Article 45 (1)(a)F1, (aa), (b), (c), (d), (e) F10, (ea), (fa) and (g)

Manufacture, dealing in or possession of prohibited weapons

Indictment

10 years or a fine or both

Article 45(1)(f)

Manufacture, dealing in or possession of prohibited weapon designed for discharge of noxious liquid etc.

a

Summary

1 year or a fine of the statutory maximum or both

b

Indictment

10 years or a fine or both

Article 45(2)(a)

Possession of or dealing in firearm disguised as other object

Indictment

10 years or a fine or both

Article 45(2)(b), (c), (d), (e), (f) or (g)

Possession of or dealing in other prohibited weapons

a

Summary

6 months or a fine of the statutory maximum or both

b

Indictment

10 years or a fine or both

Article 45(5)

Failure to comply with conditions of authority relating to prohibited weapons

Summary

1 year or level 5 or both

Article 45(6)

Failure to surrender authority relating to prohibited weapons

Summary

Level 3

Article 48(4)

Contravention of an order prohibiting the removal of firearms or ammunition

Summary

1 year or, for each firearm or parcel of ammunition in respect of which the offence is committed, level 3, or both

Article 49(5)(a)

Operating or participating in the activities of unauthorised firearms club

a

Summary

1 year or a fine of the statutory maximum or both

b

Indictment

3 years or a fine or both

Article 49(5)(b)

Contravention of conditions or limitations of an authorisation

a

Summary

1 year or a fine of the statutory maximum or both

b

Indictment

3 years or a fine or both

F9Article 50A(5)(a)

Operating a shotgun club which allows unauthorised use of shotguns

a

Summary

1 year or a fine of the statutory maximum or both

b

Indictment

3 years or a fine or both

F9Article 50A(5)(b)

Contravention of conditions of authorisation

a

Summary

1 year or a fine of the statutory maximum or both

b

Indictment

3 years or a fine or both

Article 51(2)

Obstructing person inspecting firearms club F7or shotgun club premises

Summary

Level 3

Article 52(4)

Obstructing constable or member of police support staff in exercise of search powers

Summary

6 months or level 5 or both

Article 53(2)

Failure to hand over firearm to constable for examination by him

Summary

1 year or level 5 or both

Article 53(5)

Failure to stop vehicle when required to do so by constable or refusal to permit it to be searched

Summary

1 year or level 5 or both

Article 54(2)

Failure to produce firearm for ballistic or other tests

Summary

1 year or level 5 or both

Article 55(4)

Refusal to declare name and address or failure to give true name and address

Summary

Level 3

Article 55(5)

Failure to produce firearms pass issued in F11a member State

Summary

Level 3

Article 56(3)

Failure to give constable facilities for inspecting firearms or ammunition, or failure to produce documents

Summary

1 year, or for each firearm or parcel of ammunition in respect of which the offence is committed, level 3, or both

Article 58(1)

Possession of firearm with intent to endanger life or cause serious damage to property

Indictment

Life imprisonment

Article 58(2)

Possession of firearm with intent to cause fear of violence

Indictment

10 years or a fine or both

Article 59(1)

Use or attempted use of firearm to resist arrest

Indictment

Life imprisonment

Article 59(2)

Possession of firearm while committing offence specified in Schedule 4

Indictment

Life imprisonment

Article 60(1)

Carrying firearm with criminal intent

Indictment

Life imprisonment

Article 61(1)

CarryingF1 firearm or imitation firearm in public place

a

SummaryF2 except if the firearm is a firearm specified in Article 3(1)(a) or Article 45(1)(a), (aa), (b), (c), (d) F12, (e), (ea) or (fa) or (2)(a)

1 year or a fine of the statutory maximum (level 5 if the firearm is an air gun) or both

b

Indictment (but notF3. . . if the firearm is an air gun)

F4If the offence is committed in respect of an imitation firearm, 12 months or a fine, or both; in any other case, 10 years or a fine, or both.

Article 61(2)

Discharge of firearm in public place

Summary

1 year or level 4 or both

Article 62(1)

Trespassing with firearm in any building

a

SummaryF2 except if the firearm is a firearm specified in Article 3(1)(a) or Article 45(1)(a), (aa), (b), (c), (d) F13, (e), (ea) or (fa) or (2)(a)

1 year or a fine of the statutory maximum (level 5 in the case of an imitation firearm) or both

b

Indictment (but not in the case of an imitation firearm)

10 years or a fine or both

Article 62(2)

Trespassing with a firearm on land

Summary

1 year or level 5 or both

Article 63(6)

Possession of firearm or ammunition by convicted person

a

Summary

1 year or a fine of the statutory maximum or both

b

Indictment

5 years or a fine or both

Article 63(8)

Sale of firearm to convicted person; repair of firearm for convicted person

a

Summary

1 year or a fine of the statutory maximum or both

b

Indictment

5 years or a fine or both

Article 64

Possession of firearm or ammunition in suspicious circumstances

a

Summary

2 years or a fine of the statutory maximum or both

b

Indictment

10 years or a fine or both

Article 65

Possession of loaded firearm while drunk or under the influence of drugs

Summary

6 months or level 3 or both

Article 66

Supplying firearm or ammunition to person who is drunk, etc. or suffering from mental disorder

Summary

1 year or level 5 or both

F5Article 66A(1) or (2)

Acquisition by a minor of an imitation firearm and supplying him.

Summary

6 months or level 5 or both.

Article 67(1), (3)

Shortening the barrel of a shotgun or converting imitation firearm into firearm

a

Summary

1 year or a fine of the statutory maximum or both

b

Indictment

7 years or a fine or both

Article 72(2)

Failure to surrender firearm certificate when cancelled by court

Summary

Level 3

Article 73(1)

Making false statement to procure grant or variation of certificate

Summary

1 year or level 5 or both

Schedule 1 paragraph 2(2)

Failure of auctioneer, carrier or warehouseman to take reasonable precautions for safe custody of firearm or ammunition or failure to report loss or theft

Summary

6 months or level 5 or both

Schedule 2 paragraph 5(1)

Failure to comply with condition in museum firearms licence

Summary

6 months or level 5 or both

Schedule 2 paragraph 5(2)

Failure to surrender museum firearms licence

Summary

Level 3