The Firearms (Amendment) (Northern Ireland) Order 1994

Statutory Instruments

1994 No. 3204 (N.I. 17)

NORTHERN IRELAND

The Firearms (Amendment) (Northern Ireland) Order 1994

Made

14th December 1994

Laid before Parliament

23rd December 1994

Coming into operation

15th February 1995

At the Court at Buckingham Palace, the 14th day of December 1994

Present,

The Queen’s Most Excellent Majesty in Council

Whereas this Order is made only for purposes corresponding to those of sections 1 and 2 of the [1994 c. 31.] Firearms (Amendment) Act 1994:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974 (as modified by section 3(2) of the said Act of 1994) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Title and commencement

1.—(1) This Order may be cited as the Firearms (Amendment) (Northern Ireland) Order 1994.

(2) This Order shall come into operation on the expiration of two months from the day on which it is made.

(3) This Order shall not have effect in relation to anything done before it comes into operation.

Interpretation

2.  The [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

Possession of firearm or imitation firearm with intent to cause fear of violence

3.—(1) After Article 17 of the [1981 NI 2..] Firearms (Northern Ireland) Order 1981 (“the 1981 Order”) there shall be inserted the following Article—

“Possession of firearm with intent to cause fear of violence

17A. A person who has in his possession any firearm or imitation firearm with intent—

(a) by means thereof to cause; or

(b) to enable another person by means thereof to cause,

any person to believe that unlawful violence will be used against him or another person, shall be guilty of an offence.”.

(2) In the Table in Schedule 2 to that Order (table of punishments), after the entry relating to Article 17 there shall be inserted the following entry—

“Article 17A

Possession of firearm with intent to cause fear of violence

Indictment

10 years or a fine or both”

Application of Articles 21 and 45 of the 1981 Order to imitation firearms

4.—(1) In Article 21 of the 1981 Order (trespassing with firearm), after the word “firearm”, in both places where it occurs, there shall be inserted the words “or imitation firearm”.

(2) In paragraph (1)(b) of Article 45 of that Order (power of search with warrant), after the word “firearm” there shall be inserted the words “, imitation firearm”.

(3) In the Table in Schedule 2 to that Order —

(a) in the entry relating to Article 21(1), in column 2, after the word “firearm” there shall be inserted the words “or imitation firearm” and, in column 3, after the word “Indictment” there shall be added the words “(but not in the case of an imitation firearm)”; and

(b) in the entry relating to Article 21(2), in column 2, after the word “firearm” there shall be inserted the words “or imitation firearm”.

R. P. Bulling

Deputy Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order is made only for purposes corresponding to those of sections 1 and 2 of the Firearms (Amendment) Act 1994 (c. 31).

Article 3 creates a new offence of possessing a firearm or imitation firearm with intent to cause fear of violence.

Article 4 applies certain provisions of the Firearms (Northern Ireland) Order 1981 to imitation firearms.