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The Firearms (Northern Ireland) Order 2004

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Firearms (Northern Ireland) Order 2004 No. 702

Carrying firearm with criminal intent

60.—(1) A person who has with him a firearm or imitation firearm with intent—

(a)to commit an indictable offence; or

(b)to resist arrest or to prevent the arrest of another,

in either case while he has the firearm or imitation firearm with him, shall be guilty of an offence.

(2) In proceedings for an offence under this Article proof that the accused had a firearm or imitation firearm with him and intended to commit an indictable offence or to resist or prevent arrest is evidence that he intended to have it with him while doing so.

(3) In this Article “indictable offence” means an offence which, if committed by an adult, is triable on indictment (whether or not it is also triable by a court of summary jurisdiction) except an offence otherwise triable only by a court of summary jurisdiction which under Article 29 of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26) or any other statutory provision, is required to be tried on indictment at the instance of the accused or the prosecution.

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