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The Firearms (Northern Ireland) Order 2004
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The Firearms (Northern Ireland) Order 2004, SCHEDULE 5 is up to date with all changes known to be in force on or before 18 November 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 69
SCHEDULE 5N.I.TABLE OF PUNISHMENTS
This schedule has no associated Explanatory Memorandum
| (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 |
| [F1Article 11(7) | Failure of firearms dealer to notify Chief Constable of variation of firearm certificate | 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 |
| [F2Article 38(6A)] | [F2Failure to send copy of record of transaction to the Chief Constable] | [F2Summary] | [F23 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)[F3, (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 |
| [F4Article 50A(5)(a) | Operating a shotgun club which allows unauthorised use of shotguns | (a)Summary | 1 year or a fine of the statutory maximum or both |
| ␣ | ␣ | (b)Indictment | 3 years or a fine or both] |
| [F4Article 50A(5)(b) | Contravention of conditions of 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 [F5or shotgun 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[F3 firearm or imitation firearm] in public place | (a)Summary[F6 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 notF7. . . if the firearm is an air gun) | [F8If 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[F6 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 |
| [F9Article 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 |
F1Sch. 5 entry inserted (13.5.2016) by Justice Act (NorthernIreland) 2016 (c. 21), s. 61(1), Sch. 5 para. 3(3)
F2Words in Sch. 5 inserted (16.4.2015) by The Firearms Regulations 2015 (S.I. 2015/860), regs. 1(1)(3), 3(6)
F4Sch. 5 entries inserted (13.5.2016) by Justice Act (NorthernIreland) 2016 (c. 21), s. 61(1), Sch. 5 para. 1(8)
F5Words in Sch. 5 inserted (13.5.2016) by Justice Act (NorthernIreland) 2016 (c. 21), s. 61(1), Sch. 5 para. 1(9)
F6Words 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)
F7Words 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)
F8Words 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)
F9 Words 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)
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