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The Firearms (Northern Ireland) Order 2004
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The Firearms (Northern Ireland) Order 2004, Section 38 is up to date with all changes known to be in force on or before 21 December 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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Changes and effects yet to be applied to Article 38:
- art. 6(3A) inserted by 2019 c. 17 s. 62(2)
- art. 6A inserted by 2019 c. 17 s. 62(3)
- art. 11(1A) inserted by 2019 c. 17 s. 62(4)
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 6(3A) inserted by 2019 c. 17 s. 62(2)
- art. 6A inserted by 2019 c. 17 s. 62(3)
- art. 11(1A) inserted by 2019 c. 17 s. 62(4)
Record of transactions in firearmsN.I.
This section has no associated Explanatory Memorandum
38.—(1) A firearms dealer shall—
(a)keep a record of each transaction; F1...
(b)retain all relevant documents for a period of at least two years after their coming into his possession[F2; and
(c)send a copy of the record of each transaction involving a firearm within 72 hours of the transaction to the Chief Constable.]
(2) The record shall—
(a)include the particulars specified in Schedule 3 and any particulars required by paragraph (3) or Article 44(5);
(b)be made within 24 hours after the transaction;
(c)be kept for a period not less than five years from the date of the transaction.
(3) In the case of a sale or transfer, he shall at the time of the transaction require the purchaser or transferee, if not known to him, to provide him with particulars sufficient for identification.
(4) If he keeps a record in any electronic form, he shall ensure that the information comprised in the record can readily be produced in a readable form which can be taken away.
(5) He shall—
(a)allow an authorised officer to enter and inspect all stock in hand;
(b)produce on request for inspection by an authorised officer—
(i)any record of transactions required to be kept by paragraph (1) (or if the record is kept in any electronic form, a copy of the record in a readable form); and
(ii)any relevant documents required to be kept by that paragraph.
(6) An authorised officer shall produce his authority if required to do so.
[F3(6A) A person who fails to comply with paragraph (1)(c) shall be guilty of an offence.]
(7) A person who—
(a)fails to comply with any[F4other] provision of this Article; or
(b)knowingly makes a false record,
shall be guilty of an offence.
(8) In this Article—
“authorised officer” means—
(a)a constable authorised by the Chief Constable;
(b)a member of the police support staff authorised by the Chief Constable; or
(c)an officer of customs and excise;
“relevant documents”, in relation to a transaction recorded under this Article, means all invoices, consignment notes, receipts or other documents relating to the transaction.
(9) Nothing in this Article applies to the sale of firearms or ammunition by auction in accordance with the terms of a permit issued under Article 34(1).
F1Word in art. 38(1) omitted (16.4.2015) by virtue of The Firearms Regulations 2015 (S.I. 2015/860), regs. 1(1)(3), 3(3)(a)
F2Art. 38(1)(c) and word inserted (16.4.2015) by The Firearms Regulations 2015 (S.I. 2015/860), regs. 1(1)(3), 3(3)(b)
F3Art. 38(6A) inserted (16.4.2015) by The Firearms Regulations 2015 (S.I. 2015/860), regs. 1(1)(3), 3(3)(c)
F4Word in art. 38(7)(a) inserted (16.4.2015) by The Firearms Regulations 2015 (S.I. 2015/860), regs. 1(1)(3), 3(3)(d)
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