The Firearms (Northern Ireland) Order 1981 (Amendment) Regulations 1992

Documents for European purposes

5.  After Article 33 of the 1981 Order (fees for firearm certificate) there shall be inserted the following Articles—

“Issue, etc., of documents for European purposes

Documents for European purposes

33A.— (1) Where a person who resides in Northern Ireland is granted, or is the holder of, a firearm certificate, he shall be entitled to be issued by the Chief Constable with—

(a) a document (“a European firearms pass”) containing the required particu lars; and

(b) a document stating that, for the purposes of Article 7 of the European weapons directive, the holder of the firearm certificate has the agreement of the United Kingdom authorities, for so long as the firearm certificate remains in force, to any purchase or acquisition by him in another member State of any firearm or ammunition to which the firearm certificate relates;

and an application for the issue of a document falling within sub-paragraph (a) or (b) may be made at the same time as any application for a firearm certificate the grant of which will entitle him to the issue of the document or subsequently while the firearm certificate is in force.

(2) Where—

(a) a person who resides in Northern Ireland is proposing to purchase or acquire any firearm or ammunition in another member State;

(b) that person is not the holder of a firearm certificate relating to that firearm or ammunition;

(c) the firearm falls within category B for the purposes of Annex I to the European weapons directive or the ammunition is capable of being used with such a firearm; and

(d) that person satisfies the Chief Constable that he is not proposing to bring that firearm or ammunition into the United Kingdom,

the Chief Constable may issue that person with a document stating that, for the purposes of Article 7 of the European weapons directive, that person has the agreement of the United Kingdom authorities to any purchase or acquisition by him in another member State of that firearm or ammunition.

(3) For the purposes of paragraph (1) the required particulars, in relation to a person issued with a European firearms pass, are—

(a) particulars identifying that person;

(b) particulars identifying every firearm which—

(i) that person has applied to have included in a European firearms pass; and

(ii) is a firearm in relation to which a firearm certificate granted to that person is in force;

(c) a statement in relation to every firearm identified in the pass as to the category into which it falls for the purposes of Annex I to the European weapons directive;

(d) the date of the issue of the pass and the period from its issue for which the pass is to be valid;

(e) the statements required by paragraph (f) of Annex II to that directive (statements as to travel in the member States with the firearms identified in the pass).

(4) A European firearms pass shall contain space for the making of entries by persons authorised to so do under the law of any member State.

(5) The period specified in a European firearms pass as the period for which it is to be valid shall be whichever is the shorter of the following—

(a) the period until the firearm certificate relating to a firearm identified in the pass expires; and

(b) the maximum period for the duration of that pass.

(6) For the purposes of paragraph (5) the maximum period for the duration of a European firearms pass is—

(a) in the case of a pass identifying only a firearm or firearms stated in the pass to fall within category D for the purposes of Annex I to the European weapons directive, ten years; and

(b) in any other case, five years.

Renewal of European firearms pass

33B.— (1) On an application for the renewal of a firearm certificate relating to a firearm identified in a European firearms pass, the holder of the firearm certificate may apply to the Chief Constable for the renewal of the pass.

(2) Where a European firearms pass ceases to be valid without being renewed under this Article, the Chief Constable shall by notice in writing require the person to whom the pass was issued to surrender it; and if that person fails to do so within twenty-one days from the date of the notice or within such further time as the Chief Constable may in special circumstances allow, he shall be guilty of an offence.

Variation, endorsement, etc., of European documents

33C.— (1) Where—

(a) a firearm certificate relating to a firearm identified in a European firearms pass or a firearm certificate in respect of which an Article 7 authority has been issued is varied, revoked or cancelled;

(b) the Secretary of State gives notice that any European firearms pass needs to be modified by the addition or variation of any such statement as is mentioned in Article 33A(3)(e); or

(c) the holder of a European firearms pass applies to have particulars of another firearm added to the pass,

the Chief Constable shall make such variations of the pass or authority as are appropriate in consequence of the variation, revocation, cancellation, notice or application or, where appropriate, cancel it.

(2) For the purpose of performing his duty under paragraph (1) the Chief Constable shall by notice in writing require any person who is or has been the holder of any firearm certificate to produce or surrender any European firearms pass or Article 7 authority issued to him.

(3) The Chief Constable may at any time—

(a) revoke an Article 7 authority issued under Article 33A(2); and

(b) by notice in writing require the holder of the authority to surrender it.

(4) Where a firearm identified in a European firearms pass is lost or stolen, the holder of the pass shall immediately—

(a) inform the Chief Constable about the loss or theft; and

(b) produce the pass to the Chief Constable for him to endorse particulars of that loss or theft on the pass.

(5) Where a firearm to which an endorsement under paragraph (4) relates is returned to the possession of the holder of the pass in question, the Chief Constable may, on the production to him of that pass, make such further endorsement on that pass as may be appropriate.

(6) A person—

(a) who fails to comply with a notice given to him under paragraph (2) or (3) within twenty-one days from the date of the notice or within such further time as the Chief Constable may in special circumstances allow; or

(b) who fails to comply with any obligation imposed on him by virtue of paragraph (4)(a) or (b),

shall be guilty of an offence.”.