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The Firearms (Northern Ireland) Order 2004
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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
Article 69
SCHEDULE 5TABLE OF PUNISHMENTS
| (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 |
| 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 record 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 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 |
| 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 another 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), (b), (c), (d), (e) 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 | ||
| Article 51(2) | Obstructing person inspecting firearms 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 another 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) | 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 place | Summary | 1 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 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 |
| 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 |
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