Explanatory Memorandum: Firearms (Northern Ireland) Order 2004

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This Explanatory Memorandum refers to the Firearms (Northern Ireland) Order 2004 (2004 No 702(N.I. 3)).

The Firearms (Northern Ireland) Order 2004 No. 702 (N.I. 3) was made under paragraph 1(1) of the Schedule to the Northern Ireland Act 2000.

This Explanatory Memorandum has been prepared to assist the reader in understanding the Order and does not form part of the legislation.

The Order seeks to provide a legislative framework for the control of firearms which is both effective and proportionate and strikes the right balance between public safety and the reasonable expectations of legitimate shooting enthusiasts. The opportunity was taken to reduce regulation where that could be done without compromising public safety.

The Order was prepared following a detailed review of Northern Ireland's firearms legislation, principally the Firearms (Northern Ireland) Order 1981, by the Northern Ireland Office. The review also examined the proposals for the reform of firearms controls in Great Britain contained in Lord Cullen's report of his Inquiry into the fatal shootings at Dunblane Primary School on 13 March 1996.

The Government proposals were subjected to consultation at various stages of the review and drew comment from a wide cross section of interested groups and organisations. A Proposal for a Draft Firearms Order was laid in Parliament on 22 July 2002 and consultation on it continued until 31 December. The Proposal was scrutinised by the Northern Ireland Affairs Committee as part of its Inquiry into Northern Ireland's firearms controls. The Committee published its Report on 4 February 2003 and the Government responded on 4 April. The Draft Order was also examined by the Committee. The Committee raised a small number of issues, mainly of a drafting and technical nature, which the Government addressed. The Committee subsequently confirmed that it was content with the Order.

Much of the 1981 Order was re-enacted, some with amendment. The Order also includes a number of new provisions which will improve public safety and lead to a simpler regulatory regime for the police and shooting enthusiasts. In particular the Order provides the following major changes:

Cites the title of the Order and empowers the Secretary of State to bring the provisions into operation by commencement order. Commences Articles 79 - 81 on the expiration of one month from the date on which the Order is made.

Applies the Interpretation Act (Northern Ireland) 1954 to the Order and defines other terms.

Makes it an offence to possess, purchase or acquire any firearm or ammunition without holding an appropriate firearm certificate for them. Schedule 1 sets out the exemptions to this requirement. The separate provision for handguns takes account of the Government's decision to provide for a mandatory minimum sentence for the illegal possession of certain prohibited weapons. Handguns are not prohibited in Northern Ireland, as they are in the rest of the United Kingdom, and separate provision is therefore required to ensure that their criminal misuse attracts the 5-year mandatory minimum sentence. The maximum sentence for the handgun offence has also been raised to 10 years thereby bringing Northern Ireland into line with Great Britain.

Provides the application procedure for the grant of a firearm certificate by the Chief Constable. It is an offence knowingly or recklessly to make any false statement to obtain a firearm certificate. The procedure includes new requirements for an applicant to provide the names of two appropriate persons to act as referees and to permit the Chief Constable to approach his general medical practitioner to obtain factual medical information relevant to the application.

Provides the criteria whereby the Chief Constable may grant a firearm certificate. These have been recast to give primacy to public safety. A new criterion that the applicant must be a fit person to be entrusted with a firearm has been added. It also provides for the Chief Constable, to issue a duplicate certificate, on payment of the appropriate fee.

Provides that the Chief Constable may when granting a firearm certificate attach conditions to it and may at any time attach new conditions, vary or revoke them. Where the applicant has not previously held a firearm certificate or is seeking to acquire a firearm of a significantly different type from any firearm previously held, the Chief Constable may attach a condition requiring him to be supervised by an experienced firearm user when in possession of the loaded firearm and when using it.

Provides that the Chief Constable may grant a firearm certificate to a young person of between 16 and 18 years. Where the young person resides and works on agricultural land he may be granted a certificate for an air gun, a shotgun or a .22 rimfire rifle for the purpose of pest control or the protection of livestock on those lands. A young person may also be granted a certificate for an air gun or a shotgun, for sporting purposes. He must be supervised for a period of at least 12 months when in possession of the firearm and any ammunition by someone of 21 years or over who has held a certificate for that type of firearm for at least 3 years.

Provides that a firearm certificate should contain a description of each firearm to which it relates and specify the quantities of ammunition which can be purchased or held at any one time. The certificate must also specify the conditions subject to which it is held and the date on which it expires. The following new provisions have been included - a requirement for the inclusion of the details of any firearms club of which the holder is a member, an increased duration period, from 3 to 5 years and an order making power for the Secretary of State to vary the duration of firearm certificates.

Provides that the Chief Constable shall revoke a firearm certificate where he is satisfied that the holder cannot be permitted to have it in his possession or to purchase or acquire a firearm or ammunition without danger to public safety or to the peace and where he is satisfied that the holder is prohibited under the Order from possessing a firearm. He may revoke a firearm certificate if he has reason to believe that the holder is not a fit person to be entrusted with a firearm or does not have a good reason for any firearm to which the certificate relates. He may also revoke a certificate if the holder fails to produce it when required to do so under Article 6(2). He may partially revoke a firearm certificate in relation to a firearm or ammunition where he has reason to believe that the holder does not have a good reason for them.

Sets out the actions that the Chief Constable and the holder of a firearm certificate must take as a consequence of revocation. In particular the Chief Constable must require the holder to surrender his certificate and the relevant firearms and ammunition. In the case of partial revocation he must require the holder to produce the certificate for amendment and surrender the relevant firearms and ammunition. The holder is guilty of an offence if he fails to comply within 21 days or within such further time as the Chief Constable may in special circumstances allow. The Chief Constable may also require the holder to dispose of the firearms and ammunition within a specified time. In the event that the holder appeals against the revocation or partial revocation this will not apply unless the appeal is abandoned or dismissed, in which case it will apply with the date on which the appeal was abandoned or dismissed substituted for the original date of the Chief Constable's notice. If the holder does not dispose of the firearms the Chief Constable may order that they be destroyed or otherwise disposed of.

Provides that the Chief Constable may vary a firearm certificate on the application by the holder, on payment of the appropriate fee. If the variation is for an additional firearm or ammunition it will attract the grant provisions of Article 5. A new provision enables a firearms dealer to vary a firearm certificate where the holder is seeking to replace a shotgun with another shotgun, a transaction commonly referred to as a "one for one". Both parties are required, under Article 40, to advise the Chief Constable of the details of the variation within 72 hours. There is no fee for this type of transaction.

Provides that the Chief Constable shall not refuse to grant nor shall he revoke nor partially revoke a firearm certificate in respect of a prohibited weapon or ammunition if the applicant or holder is authorised by the Secretary of State to have the weapon or ammunition. It further provides that if that authorisation is revoked by the Secretary of State, the Chief Constable shall revoke, or partially revoke, the associated firearm certificate.

Article 13 - Surrender, etc. of firearms on expiration of firearm certificate

Provides that the Chief Constable may require the surrender of an expired firearm certificate together with the relevant firearms and ammunition. The holder shall be guilty of an offence if he fails to comply. The Chief Constable may require the holder to dispose of the firearms and ammunition and if he does not comply he may order that they be destroyed or otherwise disposed of.

Gives effect to Schedule 2 which provides for a museum firearms licence and exempts firearms and ammunition in museums and similar institutions from certain provisions of the Order.

Provides that the holder of a visitor's firearm permit may possess any firearm specified in the permit and possess, purchase or acquire any ammunition in accordance with the permit without the requirement of a firearm certificate. The Article requires that an application for a permit is made on behalf of a visitor by a person resident in Northern Ireland, who may make a group application for up to 20 persons. This replaces the existing visitor's firearm certificate procedure with arrangements similar to those in GB.

Provides that the Chief Constable may revoke a visitor's permit or vary its conditions and in order to do that he can require the holder to surrender it. It is an offence for the holder not to comply.

Article 17 - Firearm certificates and shotgun certificates granted in Great Britain

Provides for the holder of a firearm certificate or shotgun certificate granted in Great Britain to possess his firearms in Northern Ireland provided that he has obtained a certificate of approval from the Chief Constable.

Provides that a Great Britain resident may possess an airgun in Northern Ireland without a firearm certificate if he may hold that air gun without a certificate in Great Britain, provided that he has obtained a certificate of approval from the Chief Constable.

Provides for the issue of a European firearms pass to persons wishing to take their legally held firearms to another member State and prescribes the particulars which the pass must contain.

Provides that a European firearms pass should be valid until the expiry date of the firearm certificate to which it relates.

Provides for the renewal of a European firearms pass, and where it has expired, without being renewed, for its surrender to the Chief Constable. Non-compliance is an offence.

Provides for the issue of an Article 7 authority, which is a requirement of the European weapons directive whereby any EU resident who wishes to buy or acquire a category B firearm (firearms subject to authorisation), or ammunition for such a firearm, in another EU State must, unless he is exempt under the Directive, obtain the prior agreement of his own authorities.

Provides that a European firearms pass may be varied, revoked or cancelled by the Chief Constable. He may also revoke an Article 7 document. The Article sets out the procedure to follow in the event of the loss or theft of a firearm identified on a pass.

Makes it an offence, subject to separate provisions for auctioneers and occasional permits, for any person to trade or operate as a firearms dealer without holding a firearms dealer's certificate issued by the Chief Constable.

Details the procedure and requirements for making an application to the Chief Constable for the grant of a firearms dealer's certificate.

Replaces the practice of registering firearms dealers and the issue of a certificate of registration with a more straightforward system of authorisation by way of the grant of a firearms dealer's certificate and provides the criteria for the grant of a certificate. The Article brings the legislation into line with Great Britain by replacing the "need" criterion of the current Order with the requirement that the Chief Constable is satisfied that the applicant will engage in business as a firearms dealer to "a substantial extent or as an essential part of another trade or profession".

Provides that the Chief Constable may, when granting a certificate, attach conditions to it and that subsequently he may, by notice in writing, vary or revoke them. The powers of the Chief Constable include the power to restrict the types, numbers and quantities of firearms and ammunition which a dealer may hold. The Article gives the Secretary of State the power to give directions to the Chief Constable as to the conditions to be imposed, varied or revoked. In order to effect any of this the Chief Constable may require a dealer to produce his certificate to him and failure to do so may result in its revocation under Article 29.

Article 28 - Content and duration of firearms dealer's certificate Provides that a firearms dealer's certificate should specify every place of business, any conditions, the date on which it ceases to be in force and that it should have a 5-year duration.

Article 29 - Revocation or variation of firearms dealer's certificate Provides for the revocation and variation of a firearms dealer's certificate by the Chief Constable. The Chief Constable may also vary a firearms dealer's certificate on the application of the holder.

Article 30 - Consequences of expiration or revocation of firearms dealer's certificate

Provides that when a firearms dealer's certificate has expired the Chief Constable may, or if it has been revoked, he must, require the surrender of the certificate, any records of transactions and stock of firearms and ammunition. Failure to comply constitutes an offence. If the holder appeals against revocation this requirement will not apply unless the appeal is abandoned or dismissed in which case it will apply with the date on which the appeal was abandoned or dismissed substituted for the original date of the Chief Constable's notice of disposal. The Chief Constable may also require the dealer to dispose of the stock of firearms and ammunition and where this is not done he can order their destruction or disposal by some other means.

Provides for a firearms dealer to apply to the Chief Constable for a new place of business to be added to his certificate.

Provides for the removal of a place of business from a firearms dealer's certificate by the Chief Constable.

Sets out the powers available to a court where a firearms dealer is convicted of an offence either under this Order or under the law relating to the import and export of firearms or ammunition. There is also an appeal provision for a person aggrieved by the decision of the court.

Provides an exemption from the requirement of a firearms dealer's certificate for an auctioneer where he has a permit from the Chief Constable. The Chief Constable may at any time attach, vary or revoke conditions or revoke a permit.

Provides for the issue of an occasional permit by the Chief Constable to allow a firearms dealer to trade at a place not specified on his certificate. The Article sets down the application process, the powers of the Chief Constable to grant, condition and limit the permit as well as specifying other details which it should contain. The Chief Constable may require the holder to surrender a permit to enable him to attach, vary or revoke any condition of the permit. Failure to do so may result in its revocation under Article 36. It is an offence not to comply with a condition of a permit.

Provides for the revocation or variation of an occasional permit by the Chief Constable. Specifically, he can revoke the permit where the holder fails to comply with a condition or fails to surrender it under Article 35. It is an offence not to comply with a written notice to surrender a permit which has been revoked. In the event of an appeal these provisions will not apply unless the appeal is abandoned or dismissed. A permit may also be varied on application of the holder.

Makes it an offence for a person to sell, transfer, repair, test or prove any firearm or ammunition to or on behalf of any other person in the United Kingdom other than a firearms dealer, unless the other person produces a firearm certificate authorising his purchase, acquisition or possession of the firearm or shows that he is permitted by the Order to do so without holding a certificate. Where a person seeking to pursue any of the above produces a false certificate or other document, personates another person or makes a false statement he shall be guilty of an offence. It is an offence for a pawnbroker to take firearms or ammunition in pawn. It is not an offence for carriers and warehouseman or their employees to deliver any firearm or ammunition in the course of their business or employment as such.

Requires firearms dealers to keep records of transactions and to retain all relevant documents for 2 years. The Article also specifies the information to be kept in the records, when they are to be made and that they are to be kept for a period of 5 years, which is a reduction on the previous 10-year requirement. There is provision for an authorised officer (a constable or a member of the police support staff) to enter a dealer's premises and inspect his stock, records and relevant documents. Where the record is held in an electronic form the dealer must ensure that it can be easily produced in a readable form which can be taken away. The Article does not apply to sale by auction in accordance with a permit issued under Article 34(1).

Article 39 - Transfers of firearms and ammunition to be in person Provides the procedure and requirements in the case where a firearm or ammunition is sold, let on hire, lent or given by one person to another where neither person is a firearms dealer or is exempted from the requirement of a firearm certificate or visitor's permit. In particular it provides for the transfer to be in person. Failure to comply is an offence. This brings Northern Ireland into line with Great Britain.

Provides that, where in Northern Ireland, a firearm is sold, let on hire, lent or given, and the parties involved are a firearms dealer or the holder of a firearm certificate or a visitor's permit they must notify the Chief Constable within 72 hours and provide him with required details. Failure to comply is an offence.

Provides that where in Northern Ireland a firearm is lost or stolen the certificate or permit holder must notify the Chief Constable immediately. Where a firearm, which has been ballistically tested under Article 54, is subsequently repaired or altered, the certificate or permit holder must notify the Chief Constable within 72 hours. If a firearm is destroyed or deactivated, the Chief Constable must be notified within 7 days. The Article prescribes the content of the notice. Failure to comply is an offence.

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

Provides that where outside Northern Ireland any firearm is sold or otherwise disposed of or is deactivated, destroyed or lost or stolen or any ammunition is lost or stolen, the transferor or the certificate holder must notify the Chief Constable within 7 days. There is also provision for the content of the notice and an offence

Provides that where a Northern Ireland resident purchases or acquires a firearm, falling within Category C (firearms subject to declaration) for the purposes of Annex 1 of the European weapons directive, in another member State, he must within 7 days advise the Chief Constable. He is not required to do so where the firearm is to be used in and is not to be removed from that member State. Neither is he required to do so where he holds a firearm certificate for the firearm and it contains a condition that he has it as part of a collection. Failure to comply is an offence.

Provides for a person, who does not hold a firearm certificate, to purchase a Category B firearm (firearm subject to authorisation for the purposes of Annex 1 to the European weapons directive) from a firearms dealer for export from Northern Ireland. The Article sets out the conditions and the documents required for such a purchase. A firearms dealer is required to notify the Chief Constable of the transaction within 48 hours. Failure to comply is an offence.

Lists the categories of weapons and ammunition which are prohibited and which require the Secretary of State's authorisation for their possession, purchase, acquisition, manufacture, sale or transfer.

Permits prohibited weapons to be purchased or acquired without the Secretary of State's authorisation in certain circumstances. In particular it provides that a person may purchase or acquire a weapon and ammunition designed or adapted for the purpose of tranquillising or otherwise treating animals provided it is held on a firearm certificate conditioned for that specific purpose. This brings Northern Ireland into line with Great Britain.

Provides for a person under the supervision of a member of the armed forces to possess a firearm and ammunition on service premises without the need for a firearm certificate or, in the case of a prohibited weapon, without the authority of the Secretary of State. The exemption extends to a person undergoing training and assessment under the supervision of a member of the Ministry of Defence police. It does not apply to a person providing security protection on service premises.

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