Explanatory Memorandum to Firearms (Northern Ireland) Order 2004 Explanatory Memorandum

1. Introduction

2. Policy Objectives

3. Background

4. Main Elements of the Order

5. Notes on Articles

   1. Article 1 - Title and Commencement

   2. Article 2 – Interpretation

   3. Article 3 - Firearm certificate required

   4. Article 4 - Application for firearm certificate

   5. Article 5 - Grant of firearm certificate

   6. Article 6 - Conditions

   7. Article 7 - Grant of a firearm certificate to young persons

   8. Article 8- Content and duration of firearm certificate

   9. Article 9Revocation of firearm certificate

   10. Article 10 – Consequences of revocation

   11. Article 11 – Variation of firearm certificate

   12. Article 12 – Certificate for prohibited weapon

   13. Article 13 – Surrender, of firearms on expiration of firearm certificate

   14. Article 14 – Museum firearms licence

   15. Article 15 – Visitors’ firearm permits

   16. Article 16 – Revocation or variation of visitor’s firearm permit

   17. Article 17 – Firearm certificates and shotgun certificates granted in Great Britain

   18. Article 18 – Air Guns held without a firearm certificate in Great Britain

   19. Article 19 – Issue of European firearms pass

   20. Article 20 - Duration of a European firearms pass.

   21. Article 21 – Renewal of European firearms pass

   22. Article 22 – Article 7 authorities

   23. Article 23 – Variation, endorsement, of European documents

   24. Article 24 – Firearms dealer’s certificate required

   26. Article 26 – Grant of firearms dealer’s certificate

   27. Article 27 – Conditions

   28. Article 28 – Content and duration of firearms dealer’s certificate

   29. Article 29 – Revocation or variation of firearms dealer’s certificate

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

   31. Article 31 – Places of business: addition to certificate

   32. Article 32 – Places of business: removal from certificate

   33. Article 33 – Consequences where dealer convicted of an offence

   34. Article 34 – Exemptions from Article 24 for auctioneers

   35. Article 35 – Occasional permits

   36. Article 36 – Revocation or variation of occasional permit

   37. Article 37 - Business and other transactions with firearms and ammunition

   38. Article 38 – Record of transactions in firearms

   39. Article 39 – Transfers of firearms and ammunition to be in person

   40. Article 40 – Notification of dealings involving firearms

   41. Article 41 – Notification of loss, repair or deactivation of firearms,

   42. Article 42 – Notification of disposal or destruction, taking place outside Northern Ireland

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

   44. Article 44 – Firearms acquired for export

   45. Article 45 – Weapons subject to general prohibition

   46. Article 46 – Exemptions from the requirement of authority under Article 45

   47. Article 47 – Possession of firearms on service premises

   48. Article 48 - Power to prohibit movement of firearms and ammunition

   49. Article 49 - Authorisation of firearms clubs

   50. Article 50 – Revocation or variation of authorisation

   51. Article 51 – Power of entry

   52. Article 52 - Power of search with warrant

   53. Article 53 - Powers of constable to stop and search

   54. Article 54 - Production of firearms for ballistic and other tests

   55. Article 55 - Production of certificates,

   56. Article 56 - Police powers in relation to firearms traffic

   57. Article 57 - Seizure and detention of firearms and ammunition

   58. Article 58 - Possession with intent

   59. Article 59 - Use of firearm to resist arrest

   60. Article 60 - Carrying firearm with criminal intent

   61. Article 61 - Carrying or Discharging a firearm in a public place

   62. Article 62 - Trespassing with firearm

   63. Article 63 - Prohibition of possession, of firearm by certain persons

   64. Article 64 - Possession of firearm or ammunition in suspicious circumstances

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

   66. Article 66 - Supplying firearm or ammunition to person who is drunk,

   67. Article 67 - Conversion of weapons

   68. Article 68 - Defences

   69. Article 69 - Prosecution and punishment of offences

   70. Article 70 - Minimum sentence for certain offences

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

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

   73. Article 73 - False statements

   74. Article 74 - Appeal from decision of Chief Constable

   75. Article 75 - Fees

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

   77. Article 77 - Application of Order to Crown servants

   78. Article 78 - Application of certain provisions of this Order to police

   79. Article 79 - Delegation of functions

   80. Article 80 - Regulations and orders

   81. Article 81 - Saving and transitional provisions

   82. Article 82 - Amendments and appeals

   83. Schedule 1 - Exemptions

   84. Paragraph 1 - Firearms dealers

   85. Paragraph 2 - Auctioneers, carriers and warehousemen

   86. Paragraph 3 - Slaughter of animals

   87. Paragraph 4 - Equipment for ships and aircraft

   88. Paragraph 5 - Sporting purposes

   89. Paragraph 6 - Athletics meetings,

   90. Paragraph 7 - Firearms clubs

   91. Paragraph 8 - Recreation facilities

   92. Paragraph 9 - Air guns and ammunition

   93. Paragraph 10 - Rifles

   94. Paragraph 11 - Shotguns

   95. Paragraph 12 - Theatre and cinema

   96. Schedule 2 – Firearms and ammunition in museums