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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This is the original version (as it was originally made).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 69

SCHEDULE 5TABLE OF PUNISHMENTS

This schedule has no associated Explanatory Memorandum
(1)(2)(3)(4)
Provision of this Order creating offenceGeneral nature of offenceMode of prosecutionPunishment
Article 3(1)(a)Purchase, acquisition or possession of handgun without firearm certificateIndictment10 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 certificateSummary1 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 revokedSummaryLevel 3
Article 13(2)Failure to surrender expired firearm certificate or firearms or ammunition to which it relatedSummaryLevel 3
Article 15(10)Failure to comply with condition of visitor’s firearm permitSummary1 year or level 5 or both
Article 16(2)Failure to surrender visitor’s firearm permitSummaryLevel 3
Article 21(4)Failure to surrender expired European firearms passSummaryLevel 3
Article 23(6)Failure to produce European firearms pass or Article 7 authority, etc.Summary3 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 certificateSummary1 year or level 5 or both
Article 30(1)Failure of firearms dealer to surrender certificate or record of transactions on expiration or revocation of certificateSummaryLevel 3
Article 35(9)Contravention of condition of occasional permitSummary1 year or level 5 or both
Article 36(3)Failure to surrender occasional permitSummaryLevel 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 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 pawnSummary3 months or level 3 or both
Article 38(7)Failure to keep records or to permit inspection; making false recordSummary1 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

(a)Summary

6 months or a fine of the statutory maximum or both
54

(b)Indictment

5 years or a fine or both
Article 42(2)Failure to notify Chief Constable of sale, etc. of Ireland

(a)Summary the statutory maximum firearm outside Northern

6 months or a fine of 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 another member StateSummary3 months or level 5 or both
Article 44(6)Failure to notify Chief Constable of sale of firearm to non-resident for exportSummary6 months or level 5 or both
Article 45 (1)(a), (b), (c), (d), (e) and (g)Manufacture, dealing in or possession of prohibited weaponsIndictment10 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 objectIndictment10 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 weaponsSummary1 year or level 5 or both
Article 45(6)Failure to surrender authority relating to prohibited weaponsSummaryLevel 3
Article 48(4)Contravention of an order prohibiting the removal of firearms or ammunitionSummary1 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

(a)Summary

1 year or a fine of the statutory maximum or
firearms clubboth

(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
Article 51(2)Obstructing person inspecting firearms club premisesSummaryLevel 3
Article 52(4)Obstructing constable or member of police support staff in exercise of search powersSummary6 months or level 5 or both
Article 53(2)Failure to hand over firearm to constable for examination by himSummary1 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 searchedSummary1 year or level 5 or both
Article 54(2)Failure to produce firearm for ballistic or other testsSummary1 year or level 5 or both
Article 55(4)Refusal to declare name and address or failure to give true name and addressSummaryLevel 3
Article 55(5)Failure to produce firearms pass issued in another member StateSummaryLevel 3
Article 56(3)Failure to give constable facilities for inspecting firearms or ammunition, or failure to produce documentsSummary1 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 propertyIndictmentLife imprisonment
Article 58(2)Possession of firearm with intent to cause fear of violenceIndictment10 years or a fine or both
Article 59(1)Use or attempted use of firearm to resist arrestIndictmentLife imprisonment
Article 59(2)Possession of firearm while committing offence specified in Schedule 4IndictmentLife imprisonment
Article 60(1)Carrying firearm with criminal intentIndictmentLife imprisonment
Article 61(1)Carrying firearm and ammunition in public place

(a)Summary

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

(b)Indictment (but not if the firearm is an air gun)

10 years or a fine or both
Article 61(2)Discharge of firearm in public placeSummary1 year or level 4 or both
Article 62(1)Trespassing with firearm in any building

(a)Summary

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 landSummary1 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 64Possession 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 65Possession of loaded firearm while drunk or under the influence of drugsSummary6 months or level 3 or both
Article 66Supplying firearm or ammunition to person who is drunk, etc. or suffering from mental disorderSummary1 year 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 courtSummaryLevel 3
Article 73(1)Making false statement to procure grant or variation of certificateSummary1 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 theftSummary6 months or level 5 or both
Schedule 2 paragraph 5(1)Failure to comply with condition in museum firearms licenceSummary6 months or level 5 or both
Schedule 2 paragraph 5(2)Failure to surrender museum firearms licenceSummaryLevel 3

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