- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (16/04/2015)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 13/05/2016
Point in time view as at 16/04/2015.
The Firearms (Northern Ireland) Order 2004 is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Article 3
1.—(1) The holder of a firearms dealer's certificate may, without holding a firearm certificate, have in his possession or purchase or acquire a firearm or ammunition in the ordinary course of his business as a firearms dealer.N.I.
(2) An employee of the holder of a firearms dealer's certificate may, without holding a firearm certificate, have in his possession or purchase or acquire a firearm or ammunition in the ordinary course of his employer's business as a firearms dealer.
(3) Sub-paragraphs (1) and (2) apply to the possession, purchase or acquisition of a firearm or ammunition in the ordinary course of a firearms dealer's business even if the firearm or ammunition is in the possession of, or purchased or acquired by, the dealer or his employee at a place which is not specified as his place of business in his firearms dealer's certificate.
(4) In sub-paragraph (5) “relevant supervision” means supervision provided for a customer in the ordinary course of a firearms dealer's business by the holder of a firearm dealer's certificate or his employee.
(5) A person may, without holding a firearm certificate, have in his possession a firearm or ammunition while he is under relevant supervision.
2.—(1) A person carrying on the business of an auctioneer, carrier or warehouseman or an employee of his may, without holding a firearm certificate, have in his possession a firearm or ammunition in the ordinary course of that business.N.I.
(2) An auctioneer, carrier or warehouseman who—
(a)fails to take reasonable precautions for the safe custody of any firearm or ammunition which he or his employee has in his possession and for which he does not require a firearm certificate; or
(b)fails to report immediately to the Chief Constable the loss or theft of any such firearm or ammunition,
shall be guilty of an offence.
3.—(1) A person [F1who is the holder of a certificate of competence to slaughter animals] may, without holding a firearm certificate, have in his possession a slaughtering instrument in any slaughterhouse in which he is employed.N.I.
(2) The proprietor of a slaughterhouse or a person appointed by him to take charge of slaughtering instruments for the purpose of storing them in safe custody at that slaughterhouse may, without holding a firearm certificate, have in his possession a slaughtering instrument for that purpose.
(3) In this paragraph—
[F2“certificate of competence to slaughter animals” means a certificate of competence issued in respect of an operation specified in regulation 6 of the Welfare of Animals at the Time of Killing Regulations (Northern Ireland) 2014;]
“slaughterhouse” includes a knacker's yard; and
“slaughtering instrument” includes ammunition for a slaughtering instrument.
F1Words in Sch. 1 para. 3(1) substituted (21.5.2014) by The Welfare of Animals at the Time of Killing Regulations (Northern Ireland) 2014 (S.R. 2014/107), reg. 1, Sch. 6 para. 1(3)(a)
F2Words in Sch. 1 para. 3(3) substituted (21.5.2014) by The Welfare of Animals at the Time of Killing Regulations (Northern Ireland) 2014 (S.R. 2014/107), reg. 1, Sch. 6 para. 1(3)(b)
4.—(1) A person may, without holding a firearm certificate, have in his possession on board a ship a firearm as part of the equipment of the ship.N.I.
(2) A person may, without holding a firearm certificate—
(a)have in his possession on board an aircraft or at an aerodrome a signalling apparatus as part of the equipment of the aircraft or aerodrome;
(b)remove a signalling apparatus which is part of the equipment of an aircraft—
(i)from one aircraft to another at an aerodrome; or
(ii)from or to an aircraft at an aerodrome to or from a place appointed for its storage in safe custody at that aerodrome,
and keep any such apparatus at such a place.
(3) If he has obtained a permit from the Chief Constable, a person may, without holding a firearm certificate, remove—
(a)a firearm from or to a ship; or
(b)a signalling apparatus from or to an aircraft or aerodrome,
to or from a place and for a purpose specified in the permit.
(4) In this paragraph “firearm” and “signalling apparatus” include ammunition for a firearm or a signalling apparatus, as the case may be.
5. A person carrying a firearm or ammunition belonging to another person holding a firearm certificate may, without himself holding a firearm certificate, have in his possession that firearm or ammunition under instructions from that person and for that person's use for sporting purposes only[F3, but where the person carrying the firearm or ammunition is under the age of eighteen, this paragraph applies only if the other person has attained the age of eighteen].N.I.
F3Words in Sch. 1 para. 5 inserted (28.7.2010) by Firearms (Amendment) Regulations 2010 (S.I. 2010/1759), reg. 5(3)(a)
6. A person [F4who has attained the age of eighteen] may, without holding a firearm certificate, have a firearm in his possession at an athletics meeting or other competitive occasion for the purpose of starting, finishing or abandoning races.N.I.
F4Words in Sch. 1 para. 6 inserted (28.7.2010) by Firearms (Amendment) Regulations 2010 (S.I. 2010/1759), reg. 5(3)(b)
7. A member of a firearms club which is authorised under Article 49 may, without holding a firearm certificate, have in his possession a firearm and ammunition when engaged as a member of the club in, or in connection with, drill or target shooting.N.I.
8.—(1) A person may, without holding a firearm certificate, acquire or have in his possession at a recreational facility an air gun if the person operating the facility has a firearm certificate for the gun.N.I.
(2) Sub-paragraph (1) does not apply if—
(a)the air gun is an air pistol capable of discharging a missile so that the missile has, on being discharged, a kinetic energy in excess of 8.13 joules; or
(b)in any other case, the air gun is capable of discharging a missile so that the missile has, on being discharged, a kinetic energy in excess of 16.27 joules.
(3) In sub-paragraph (1) “recreational facility” means a miniature rifle range, a shooting gallery or a facility for combat games.
(4) Sub-paragraph (1) is without prejudice to paragraph 9.
(5) Sub-paragraph (1) so far as it relates to a facility for combat games does not apply in relation to a person who is under the age of 16.
9.—(1) A person may, without holding a firearm certificate, have in his possession or purchase or acquire an air gun.N.I.
(2) Sub-paragraph (1) does not apply if the air gun is capable of discharging a missile so that the missile has, on being discharged, a kinetic energy in excess of one joule.
(3) A person who is under the age of 18 may not by virtue of sub-paragraph (1)—
(a)have an air gun in his possession without a firearm certificate unless he has attained the age of 14 or is under the supervision of a person who has attained the age of 21;
(b)purchase an air gun without a firearm certificate unless he has attained the age of 17.
(4) A person may, without holding a firearm certificate, have in his possession or purchase or acquire ammunition for an air gun.
10.—(1) A person may, without holding a firearm certificate, borrow a rifle from the occupier of private premises and use it on those premises in the presence of the occupier or an employee of the occupier if—N.I.
(a)the occupier or employee in whose presence the rifle is used holds a firearm certificate for it; and
(b)the borrower's possession and use of it complies with any conditions as to those matters in the certificate.
(2) A person who by virtue of sub-paragraph (1) is entitled without holding a firearm certificate to borrow and use a rifle in another person's presence may also, without holding a firearm certificate, purchase or acquire ammunition for use in the rifle and have it in his possession during the period for which the rifle is borrowed if—
(a)the firearm certificate held by that other person authorises the holder to have in his possession at that time ammunition for the rifle of a quantity not less than that purchased or acquired by, and in the possession of, the borrower; and
(b)the borrower's possession and use of the ammunition complies with any conditions as to those matters in the certificate.
(3) Sub-paragraphs (1) and (2) do not apply in relation to a person who is under the age of 18.
11.—(1) A person may, without holding a firearm certificate, borrow a shotgun from the occupier of private premises and use it on those premises in the occupier's presence.N.I.
(2) A person may, without holding a firearm certificate, use a shotgun at a time and place approved by the Chief Constable for shooting at artificial targets.
(3) Sub-paragraphs (1) and (2) do not apply in relation to a person who is under the age of 18.
12.—(1) A person taking part in a theatrical performance may, without holding a firearm certificate, have a firearm in his possession during and for the purpose of the performance.N.I.
(2) A person taking part in the production of a film intended for public exhibition may, without holding a firearm certificate, have a firearm in his possession for the purpose of the production.
(3) Where the Secretary of State is satisfied, on the application of a person in charge of a theatrical performance or the production of a film intended for public exhibition, that a prohibited weapon is required for the purpose of the performance or production, the Secretary of State may authorise—
(a)that person to have possession of the weapon; and
(b)such other persons as that person may select to have possession of it while taking part in the performance or production.
(4) In this paragraph—
“film” includes any record, however made, of a sequence of visual images, which is a record capable of being used as a means of showing that sequence as a moving picture; and
“theatrical performance” includes rehearsals.
Article 14
1.—(1) In this Schedule—N.I.
“licence” means a museum firearms licence;
“museum” includes any institution which has as its purpose, or one of its purposes, the preservation for the public benefit of a collection of historical, artistic or scientific interest which includes or is to include firearms.
(2) References in this Schedule to the persons responsible for the management of a museum are to the board of trustees, governing body or other person or persons (whether or not incorporated) exercising corresponding functions.
2.—(1) The [F5Department of Justice] may, on an application in writing made on behalf of a museum, grant a licence in respect of that museum.N.I.
(2) While a licence [F6granted by the Department of Justice] is in force in respect of a museum the persons responsible for its management and their employees—
(a)may, without holding a firearm certificate, have in their possession, and purchase or acquire, for the purposes of the museum firearms and ammunition which are or are to be normally exhibited or kept on its premises or on such of them as are specified in the licence; F7. . .
(b)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The [F5Department of Justice] shall not grant a licence in respect of a museum unless [F9the Department of Justice] is satisfied that the arrangements for exhibiting and keeping the firearms and ammunition in question are or will be such as not to endanger public safety or the peace.
(4) A licence [F10granted by the Department of Justice] shall be subject to such conditions specified in it as the [F5Department of Justice] thinks necessary for securing the safe custody of the firearms and ammunition in question.
(5) A licence [F10granted by the Department of Justice] shall (unless revoked or cancelled) continue in force for five years from the date on which it is granted.
(6) The [F5Department of Justice] may by order substitute for the period mentioned in sub-paragraph (5) such longer or shorter period as is specified in the order.
F5Words in Sch. 2 para. 2(1)(3)(4)(6) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 3(h) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F6Words in Sch. 2 para. 2(2) inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(2)(a) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F7Word in Sch. 2 para. 2(2)(a) omitted (12.4.2010) by virtue of Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(2)(b) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F8Sch. 2 para. 2(2)(b) omitted (12.4.2010) by virtue of Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(2)(c) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F9Words in Sch. 2 para. 2(3) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(2)(d) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F10Words in Sch. 2 para. 2(4)(5) inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(2)(e) (with arts. 28-31); S.I. 2010/977, art. 1(2)
3.—(1) The [F11Department of Justice] may by notice in writing to the persons responsible for the management of a museum—N.I.
(a)vary the conditions specified in a licence [F12granted by the Department of Justice] in respect of the museum; or
(b)vary the licence so as to extend or restrict the premises to which it applies.
(2) For the purposes of sub-paragraph (1) the [F11Department of Justice] may by notice under that sub-paragraph require the persons in question to produce the licence to [F13the Department of Justice] within 21 days from the date of the notice.
(3) The [F11Department of Justice] may by notice in writing to the persons responsible for the management of a museum revoke a licence [F14granted by the Department of Justice] in respect of the museum if—
(a)at any time [F15the Department of Justice] is satisfied that the continuation of the exemption conferred by the licence would result in danger to public safety or to the peace; or
(b)those persons or any of them or any employee of theirs has been convicted of an offence under this Schedule; or
(c)those persons have failed to comply with a notice under this paragraph requiring them to produce the licence.
(4) Where a licence [F16granted by the Department of Justice] is revoked the [F11Department of Justice] shall by notice in writing require the persons responsible for the management of the museum in question to surrender the licence to [F17the Department of Justice].
F11Words in Sch. 2 para. 3 substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 3(h) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F12Words in Sch. 2 para. 3(1)(a) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(3)(a) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F13Words in Sch. 2 para. 3(2) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(3)(b) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F14Words in Sch. 2 para. 3(3) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(3)(c) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F15Words in Sch. 2 para. 3(3)(a) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(3)(d) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F16Words in Sch. 2 para. 3(4) inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(3)(e) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F17Words in Sch. 2 para. 3(4) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(3)(f) (with arts. 28-31); S.I. 2010/977, art. 1(2)
3A.—(1) The Secretary of State may, on an application in writing made on behalf of a museum, grant a licence in respect of that museum.N.I.
(2) While a licence granted by the Secretary of State is in force in respect of a museum the persons responsible for its management and their employees may, without the authority of the Secretary of State under Article 45, have in their possession, purchase or acquire for the purposes of the museum any prohibited weapons and ammunition which are or are to be normally exhibited or kept on its premises or on such of them as are specified in the licence.
(3) The Secretary of State shall not grant a licence in respect of a museum unless the Secretary of State is satisfied that the arrangements for exhibiting and keeping the prohibited weapons and ammunition in question are or will be such as not to endanger public safety or the peace.
(4) Paragraphs 2(4) to (6) and 3 apply in relation to licences granted by the Secretary of State; and for this purpose references to the Department of Justice are to be read as references to the Secretary of State.]
4. The appropriate fee shall be payable on the grant of a licence [F19by the Department of Justice] or such lesser amount as the [F20Department of Justice] may in any particular case determine.N.I.
F19Words in Sch. 2 para. 4 inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(5) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F20Words in Sch. 2 para. 4 substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 3(h) (with arts. 28-31); S.I. 2010/977, art. 1(2)
5.—(1) It shall be an offence for any of the persons responsible for the management of a museum to—N.I.
(a)fail to comply; or
(b)cause or permit another person to fail to comply,
with any condition specified in [F21a licence] held in respect of that museum.
(2) A person who fails to comply with a notice under paragraph 3 [F22(including as applied by paragraph 3A(4))] shall be guilty of an offence.
(3) In proceedings against any person for an offence under sub-paragraph (1) it is a defence for him to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
F21Words in Sch. 2 para. 5(1) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(6)(a) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F22Words in Sch. 2 para. 5(2) inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(6)(b) (with arts. 28-31); S.I. 2010/977, art. 1(2)
Article 38(2)
1. The quantities and descriptions of firearms and ammunition manufactured and the dates of manufacture.N.I.
2. The quantities and descriptions of firearms and ammunition purchased or acquired, with the names and addresses of the sellers or transferors and the dates of the transactions.N.I.
3. The quantities and descriptions of firearms and ammunition accepted for sale, repair, test, proof, cleaning, safekeeping, destruction or other purpose, with the names and addresses of the transferors and the dates of the transactions.N.I.
4. The quantities and descriptions of firearms and ammunition sold or transferred, with the names and addresses of the purchasers or transferees and the dates of the transactions.N.I.
5. The quantities and descriptions of firearms and ammunition in possession for sale or transfer at the date of the last stocktaking or such other date in each year as may be specified in the record.N.I.
[F236. References in paragraphs 1 to 5 to a description of a firearm include—N.I.
(a)the make and type or distinctive name of the firearm;
(b)the model;
(c)the calibre; and
(d)the serial number.]
F23Sch. 3 para. 6 inserted (16.4.2015) by The Firearms Regulations 2015 (S.I. 2015/860), regs. 1(1)(3), 3(5)
Article 59(2)
[F241. Any offence under any of the following provisions of the Sexual Offences (Northern Ireland) Order 2008—N.I.
Article 5 (rape);
Article 6 (assault by penetration);
Article 12 (rape of a child under 13);
Article 13 (assault of a child under 13 by penetration).]
F24Sch. 4 para. 1 substituted (2.2.2009) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 81, Sch. 1 para. 34(2); S.R. 2008/510, art. 2
2. Offences under any of the following provisions of the Offences Against the Person Act 1861 (c. 100)—N.I.
F25Sch. 4 para. 2: entry relating to ss. 53-55 of the Offences Against the Person Act 1861 repealed (2.2.2009) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 81, 83, Sch. 1 para. 34(3), Sch. 3; S.R. 2008/510, art. 2
3. Offences under section 7 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28) (assault with intent to resist lawful apprehension).N.I.
4. Offences under any of the following provisions of the Criminal Damage (Northern Ireland) Order 1977 (NI 4)—N.I.
Article 3 | (destroying or damaging property); |
Article 4 | (threats to destroy or damage property). |
5. Offences under Article 172 of the Road Traffic (Northern Ireland) Order 1981 (NI 1) (taking and driving away) so far as it relates to a motor vehicle.N.I.
6. Offences under the Child Abduction (Northern Ireland) Order 1985 (NI 17) (abduction of children).N.I.
7. Offences under section 123(1) of the Criminal Justice and Public Order Act 1994 (c. 33) (assault on prisoner custody officer).N.I.
8. Offences under section 66 of the Police (Northern Ireland) Act 1998 (c. 32) (assault on, and obstruction of, constables, etc.).N.I.
9. Offences under paragraph 4 of Schedule 11 to the Immigration and Asylum Act 1999 (c. 33) (assault on detainee custody officer).N.I.
10. Attempting to commit any offence specified in paragraphs 1 to 9.N.I.
11. Aiding, abetting, counselling or procuring the commission of any offence so specified.N.I.
Article 69
(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 records 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 a firearms dealer, who does 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 |
[F26Article 38(6A)] | [F26Failure to send copy of record of transaction to the Chief Constable] | [F26Summary] | [F263 months or level 5 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)[F27, (aa)], (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[F27 firearm or imitation firearm] in public place | (a)Summary[F28 except if the firearm is a firearm specified in Article 3(1)(a) or Article 45(1)(a), (aa), (b), (c), (d) or (e) or (2)(a)] | 1 year or a fine of the statutory maximum (level 5 if the firearm is an air gun) or both |
␣ | ␣ | (b)Indictment (but notF29. . . if the firearm is an air gun) | [F30If the offence is committed in respect of an imitation firearm, 12 months or a fine, or both; in any other case, 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[F28 except if the firearm is a firearm specified in Article 3(1)(a) or Article 45(1)(a), (aa), (b), (c), (d) or (e) or (2)(a)] | 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 |
[F31Article 66A(1) or (2) | Acquisition by a minor of an imitation firearm and supplying him. | Summary | 6 months 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 |
F26Words in Sch. 5 inserted (16.4.2015) by The Firearms Regulations 2015 (S.I. 2015/860), regs. 1(1)(3), 3(6)
F28Words in Sch. 5 inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 51, 66(2), Sch. 2 para. 3(4) (with Sch. 2 para. 3(5)); S.I. 2007/858, art. 2(j)(i)
F29Words in Sch. 5 omitted (1.10.2007) by virtue of Violent Crime Reduction Act 2006 (c. 38), ss. 51, 66(2), Sch. 2 para. 9(1)(a) (with Sch. 2 para. 9(2)); S.I. 2007/2518, art. 3(b)
F30Words in Sch. 5 substituted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 51, 66(2), Sch. 2 para. 9(1)(b) (with Sch. 2 para. 9(2)); S.I. 2007/2518, art. 3(b)
F31Words in Sch. 5 inserted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 51, 66(2), Sch. 2 para. 8(3); S.I. 2007/2180, art. 4(d)(i)
Article 75
1. Grant of firearm certificate | £50 |
2. Variation by Chief Constable on application of holder (except as mentioned in paragraph 3) | £26 |
3. Variation by Chief Constable to substitute one firearm for another of same calibre or type | £10 |
4. Duplicate firearm certificate | £9 |
F32Words in Sch. 6 para. 5 inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 13(a) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F33Words in Sch. 6 para. 6 inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 13(b) (with arts. 28-31); S.I. 2010/977, art. 1(2)
7. Grant of visitor's firearm permit (except where paragraph 8 applies) | £12 |
8. Grant of six or more visitor's firearm permits (taken together) on a group application | £60 |
9. Grant or renewal of firearms dealer's certificate | £150 |
10. Duplicate firearms dealer's certificate | No fee |
11. Grant or renewal of authorisation | £84 |
Schedule 7—Amendments
Schedule 8—Repeals
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