SCHEDULES

SCHEDULE 5AMENDMENTS OF THE FIREARMS (NORTHERN IRELAND) ORDER 2004

Part 1Firearms - Persons under 18

Authorisation of shotgun clubs to allow use of shotguns by persons under the age of 16

1

1

In Article 2(2) (interpretation), after the definition of “shotgun certificate” insert—

shotgun club” means a club established for the purpose of promoting and practising skill in the use of shotguns;

2

In the heading to Part 6, add at the end “ AND SHOTGUN CLUBS ”.

3

After the heading to Part 6 add— “ Firearms clubs ”.

4

After Article 50 insert—

Shotgun clubs

Authorisation of shotgun clubs to allow use of shotguns by minors for limited purposes50A

1

If the Chief Constable is satisfied that there will not be a danger to public safety or to the peace, the Chief Constable may, on payment of the appropriate fee, grant an authorisation for a shotgun club to allow persons under the age of 16 who have attained the age of 12 to use shotguns under appropriate supervision in accordance with the authorisation.

2

An authorisation must state that it is limited to the use of shotguns for clay target shooting or for such other purposes as may be prescribed.

3

The Chief Constable may at any time by notice in writing—

a

attach conditions to an authorisation;

b

vary or revoke conditions attached under this Article.

4

An authorisation shall continue in force for a period of five years from the date on which it is granted but if the Chief Constable is satisfied that there is a danger to public safety or to the peace, the Chief Constable may revoke the authorisation.

5

Any person who—

a

operates a shotgun club which allows a person under the age of 16 to use a shotgun except in accordance with an authorisation, or

b

contravenes any condition of an authorisation,

shall be guilty of an offence.

6

In this Article—

  • appropriate supervision” means under the supervision of a person who has attained the age of 21 and has held a firearm certificate for a shotgun for at least five years;

  • authorisation” means an authorisation granted under this Article;

  • prescribed” means prescribed by regulations made by the Department of Justice.

7

The Department of Justice may make regulations substituting a different age for the lower age mentioned in paragraph (1) and paragraph 11(4) of Schedule 1.

8

The Department of Justice shall not make regulations under this Article unless a draft of the regulations has been laid before, and approved by resolution of, the Assembly.

5

Before the heading to Article 51 insert— “ Power of entry ”.

6

In Article 51 (power of entry), in paragraph (1)—

a

in sub-paragraph (a), after “club” insert “ or a shotgun club ”;

b

after “Article 49” insert “ or 50A ”.

7

In Schedule 1 (firearm certificates - exemptions), in paragraph 11, after sub-paragraph (3) add—

4

A person who is under the age of 16 but has attained the age of 12 may, without holding a firearm certificate, use a shotgun in accordance with an authorisation under Article 50A.

8

In Schedule 5 (table of punishments), after the entry relating to Article 49(5)(b) insert—

Article 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

Article 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

9

In Schedule 5, in the second column of the entry relating to Article 51(2), after “club” insert “ or shotgun club ”.