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The Firearms (Northern Ireland) Order 2004

Draft Legislation:

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

  1. Introductory Text


    1. 1.Title and commencement

    2. 2.Interpretation


    1. Firearm certificates

      1. 3.Firearm certificate required

      2. 4.Application for firearm certificate

      3. 5.Grant of firearm certificate

      4. 6.Conditions

      5. 7.Grant of firearm certificate to young persons

      6. 8.Content and duration of firearm certificate

      7. 9.Revocation of firearm certificate

      8. 10.Consequences of revocation

      9. 11.Variation of firearm certificate

      10. 12.Certificate for prohibited weapon

      11. 13.Surrender etc. of firearms on expiration of firearm certificate

    2. Museum firearms licences

      1. 14.Museum firearms licence

    3. Visitor’s firearm permits

      1. 15.Visitor’s firearm permit

      2. 16.Revocation or variation of visitor’s firearm permit

    4. Certificates granted in Great Britain, etc.

      1. 17.Firearm certificate or shotgun certificate granted in Great Britain

      2. 18.Air guns held without a firearm certificate in Great Britain

    5. Issue, etc. of documents for European purposes

      1. 19.Issue of European firearms pass

      2. 20.Duration of European firearms pass

      3. 21.Renewal of European firearms pass

      4. 22.Article 7 authorities

      5. 23.Variation, endorsement, etc. of European documents


    1. 24.Firearms dealer’s certificate required

    2. 25.Application for firearms dealer’s certificate

    3. 26.Grant of firearms dealer’s certificate

    4. 27.Conditions

    5. 28.Content and duration of firearms dealer’s certificate

    6. 29.Revocation or variation of firearms dealer’s certificate

    7. 30.Consequences of expiration or revocation of firearms dealer’s certificate

    8. 31.Places of business: addition to certificate

    9. 32.Places of business: removal from certificate

    10. 33.Consequences where dealer convicted of an offence

    11. 34.Exemptions from Article 24 for auctioneers

    12. 35.Occasional permits

    13. 36.Revocation or variation of occasional permit


    1. 37.Business and other transactions with firearms and ammunition

    2. 38.Record of transactions in firearms

    3. 39.Transfers of firearms and ammunition to be in person

    4. 40.Notification of dealings involving firearms

    5. 41.Notification of loss, repair or deactivation of firearms, etc.

    6. 42.Notification of disposal or destruction, etc. taking place outside Northern Ireland

    7. 43.Purchase or acquisition of firearms in other member States

    8. 44.Firearms acquired for export


    1. 45.Weapons subject to general prohibition

    2. 46.Exemptions from requirement of authority under Article 45

    3. 47.Possession of firearms on service premises, etc.

    4. 48.Power to prohibit movement of firearms and ammunition


    1. 49.Authorisation

    2. 50.Revocation or variation of authorisation

    3. 51.Power of entry


    1. Enforcement

      1. 52.Power of search with warrant

      2. 53.Powers of constables to stop and search

      3. 54.Production of firearms for ballistic and other tests

      4. 55.Production of certificates, etc.

      5. 56.Police powers in relation to firearms traffic

      6. 57.Seizure and detention of firearms and ammunition

    2. Offences with firearms

      1. 58.Possession with intent

      2. 59.Use of firearm to resist arrest

      3. 60.Carrying firearm with criminal intent

      4. 61.Carrying or discharging firearm in a public place

      5. 62.Trespassing with firearm

      6. 63.Prohibition of possession, etc. of firearm by certain persons

      7. 64.Possession of firearm or ammunition in suspicious circumstances

      8. 65.Possession of loaded firearm while drunk or under influence of drugs

      9. 66.Supplying firearm or ammunition to person who is drunk, etc.

      10. 67.Conversion of weapons

      11. 68.Defences

    3. General

      1. 69.Prosecution and punishment of offences

      2. 70.Minimum sentence for certain offences

      3. 71.Power by order to exclude application of minimum sentence to those under 18

      4. 72.Forfeiture and disposal of firearms; cancellation of certificate by convicting court

      5. 73.False statements


    1. 74.Appeal from decision of Chief Constable

    2. 75.Fees

    3. 76.Application of Order to imitation firearms which are readily convertible into firearms

    4. 77.Application of Order to Crown servants

    5. 78.Application of certain provisions of this Order to police

    6. 79.Delegation of functions

    7. 80.Regulations and orders

    8. 81.Saving and transitional provisions

    9. 82.Amendments and repeals

  10. Signature


    1. SCHEDULE 1


      1. Firearms dealers

        1. 1.(1) The holder of a firearms dealer’s certificate may, without...

      2. Auctioneers, carriers and warehousemen

        1. 2.(1) A person carrying on the business of an auctioneer,...

      3. Slaughter of animals

        1. 3.(1) A person licensed to slaughter animals may, without holding...

      4. Equipment for ships and aircraft

        1. 4.(1) A person may, without holding a firearm certificate, have...

      5. Sporting purposes

        1. 5.A person carrying a firearm or ammunition belonging to another...

      6. Athletics meetings, etc.

        1. 6.A person may, without holding a firearm certificate, have a...

      7. Firearms clubs

        1. 7.A member of a firearms club which is authorised under...

      8. Recreational facilities

        1. 8.(1) A person may, without holding a firearm certificate, acquire...

      9. Air guns and ammunition

        1. 9.(1) A person may, without holding a firearm certificate, have...

      10. Rifles

        1. 10.(1) A person may, without holding a firearm certificate, borrow...

      11. Shotguns

        1. 11.(1) A person may, without holding a firearm certificate, borrow...

      12. Theatre and cinema

        1. 12.(1) A person taking part in a theatrical performance may,...

    2. SCHEDULE 2


      1. Introductory

        1. 1.(1) In this Schedule— “licence” means a museum firearms licence;...

      2. Museum firearms licences

        1. 2.(1) The Secretary of State may, on an application in...

      3. Variation and revocation

        1. 3.(1) The Secretary of State may by notice in writing...

      4. Fees

        1. 4.The appropriate fee shall be payable on the grant of...

      5. Offences and enforcement

        1. 5.(1) It shall be an offence for any of the...

    3. SCHEDULE 3


      1. 1.The quantities and descriptions of firearms and ammunition manufactured and...

      2. 2.The quantities and descriptions of firearms and ammunition purchased or...

      3. 3.The quantities and descriptions of firearms and ammunition accepted for...

      4. 4.The quantities and descriptions of firearms and ammunition sold or...

      5. 5.The quantities and descriptions of firearms and ammunition in possession...

    4. SCHEDULE 4


      1. 1.The common law offence of rape.

      2. 2.Offences under any of the following provisions of the Offences...

      3. 3.Offences under section 7 of the Criminal Justice (Miscellaneous Provisions)...

      4. 4.Offences under any of the following provisions of the Criminal...

      5. 5.Offences under Article 172 of the Road Traffic (Northern Ireland)...

      6. 6.Offences under the Child Abduction (Northern Ireland) Order 1985 (NI...

      7. 7.Offences under section 123(1) of the Criminal Justice and Public...

      8. 8.Offences under section 66 of the Police (Northern Ireland) Act...

      9. 9.Offences under paragraph 4 of Schedule 11 to the Immigration...

      10. 10.Attempting to commit any offence specified in paragraphs 1 to...

      11. 11.Aiding, abetting, counselling or procuring the commission of any offence...

    5. SCHEDULE 5


    6. SCHEDULE 6


      1. Firearm certificate

      2. Museum firearms licence

      3. Visitor’s firearm permit

      4. Firearms dealer’s certificate

      5. Firearms club

    7. SCHEDULE 7


      1. Criminal Jurisdiction Act 1975 (c. 59)

        1. 1.In Schedule 1, for paragraph 9 substitute the following paragraph—...

      2. Suppression of Terrorism Act 1978 (c. 26)

        1. 2.In Schedule 1, for paragraph 15 substitute the following paragraph—...

      3. Customs and Excise Management Act 1979 (c. 2)

        1. 3.In section 50(5A)(b), for “Article 6(1)(a), (ab), (ac), (ad), (ae)...

        2. 4.In Article 68(4A)(b), for “Article 6(1)(a), (ab), (ac), (ad), (ae),...

        3. 5.In section 170(4A)(b), for “Article 6(1)(a), (ab), (ac), (ad), (ae)...

      4. Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)

        1. 6.In Article 29(1), for sub-paragraph (f) substitute the following sub-paragraph—...

      5. Repatriation of Prisoners Act 1984 (c. 47)

        1. 7.In the Schedule— (a) in the cross-heading preceding paragraph 8,...

      6. Wildlife (Northern Ireland) Order 1985 (NI 2)

        1. 8.In Article 2(2)— (a) in the definition of “ammunition”, for...

        2. 9.In Schedule 11, in paragraph 3 for “1981” substitute “2004”....

      7. Mental Health (Northern Ireland) Order 1986 (NI 4)

        1. 10.In Article 44(4A), for “Article 52A” and “1981” substitute respectively...

      8. Criminal Justice Act 1988 (c. 33)

        1. 11.In section 141(13) for “1981” substitute “2004”.

      9. Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)

        1. 12.In Schedule 5, in Part II, after paragraph 15 add...

      10. Criminal Justice (Northern Ireland) Order 1996 (NI 24)

        1. 13.In Article 2(9), for “Article 52A” and “1981” substitute respectively...

        2. 14.In Article 4(1), for “Article 52A(2)” and “1981” substitute respectively...

        3. 15.In Article 10(1), for “Article 52A(2)” and “1981” substitute respectively...

        4. 16.In Article 13(1), for “Article 52A(2)” and “1981” substitute respectively...

        5. 17.In Article 15(1), for “Article 52A(2)” and “1981” substitute respectively...

        6. 18.In Article 19(1), for “Article 52A(2)” and “1981” substitute respectively...

        7. 19.In Article 20(1), for “Article 52A(2)” and “1981” substitute respectively...

        8. 20.In Article 24(1), for “Article 52A(2)” and “1981” substitute respectively...

      11. Northern Ireland Arms Decommissioning Act 1997 (c. 7)

        1. 21.In section 10(1)— (a) in paragraph (a) of the definition...

        2. 22.In paragraph 8 of the Schedule, after “1981” insert “or...

      12. Terrorism Act 2000 (c. 11)

        1. 23.In section 77(3) for the entry relating to the Firearms...

        2. 24.In Schedule 9, in Part I, for paragraph 16 substitute...

      13. Criminal Justice and Police Act 2001 (c. 16)

        1. 25.In Schedule 1 (powers of seizure)— (a) for paragraph 30...

      14. Proceeds of Crime Act 2002 (c. 29)

        1. 26.In Schedule 5, in paragraph 5(2) for “Article 4(1)” and...

      15. Sexual Offences Act 2003 (c. 42)

        1. 27.In paragraph 145 of Schedule 5 (other offences for the...

        2. 28.In paragraph 146 of that Schedule for “Article 17A” substitute...

        3. 29.In paragraph 147 of that Schedule for “Article 18(1)” substitute...

        4. 30.In paragraph 148 of that Schedule for “Article 18(2)” and...

        5. 31.In paragraph 149 of that Schedule for “Article 19” substitute...

      16. Criminal Justice Act 2003 (c. 44)

        1. 32.In paragraph 33 of Schedule 17 (violent offences and sexual...

        2. 33.In paragraph 34 of that Schedule for “Article 17A” substitute...

        3. 34.In paragraph 35 of that Schedule for “Article 18(1)” substitute...

        4. 35.In paragraph 36 of that Schedule for “Article 18(2)” and...

        5. 36.In paragraph 37 of that Schedule for “Article 19” substitute...

    8. SCHEDULE 8


  12. Explanatory Note

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