Northern Ireland Orders in Council

Article 48 - Power to prohibit movement of firearms and ammunition

Empowers the Secretary of State to prohibit by order the removal of a firearm or ammunition from one part of Northern Ireland to another or to Great Britain or for export unless it is authorised by the Chief Constable and any conditions imposed by the Secretary of State are met.

Article 49 - Authorisation of firearms clubs

Provides for the authorisation of firearms clubs and places the responsibility for it on the Chief Constable rather than the Secretary of State as at present. It also introduces a fee for authorisation, as is the practice in Great Britain, and extends the period of authorisation from 3 to 5 years.

Article 50 - Revocation or variation of authorisation

Provides for the revocation of a firearms club's authorisation by the Chief Constable on the grounds of public safety. The Article also provides for an officer of the club to apply for a variation of an authorisation.

Article 51 - Power of entry

Provides power of entry for a constable or a member of the police support staff authorised by the Chief Constable to enter and inspect firearms club premises and makes it an offence to obstruct such an inspection.

Article 52 - Power of search with warrant

Provides for the grant of a warrant by a Justice of the Peace authorising a constable or a member of the support staff to enter and search any premises or place where there is reasonable suspicion that an offence under this Order is being or is about to be committed and to seize and detain anything or any person in that connection. It is an offence to obstruct such a search.

Article 53 - Powers of constable to stop and search

Empowers a constable to stop any person, whom he suspects of having a firearm or ammunition in a public place or of carrying a firearm with criminal intent or of trespassing with a firearm, and to require him to hand them over for examination. Failure to comply is an offence. A constable may search a person if he suspects him of having a firearm or ammunition in contravention of the Order. He may stop and search any vehicle if he suspects it contains a firearm in a public place or that it is being or about to be used in connection with an offence under Article 60 or 62 elsewhere than in a public place. It is an offence for the person driving or in control of the vehicle to fail to stop or to allow the vehicle to be searched. In order to exercise the powers under this Article a constable may enter any place.

Article 54 - Production of firearms for ballistic and other tests

Provides that the Chief Constable may require the production of any firearm to have ballistic or other tests carried out on it. This requirement currently does not apply to shotguns and air guns.

Article 55 - Production of certificates, etc

Provides that a constable may, if he believes that a person has a firearm or ammunition, demand that he produces a firearm certificate or a European firearms pass. It is an offence for a person in possession of a firearm not to comply with such a demand. If he fails to do so and he fails to show that he is exempt from the requirement of a firearm certificate; or by reason of his place of residence he is not entitled to a European firearms pass for the firearm in question; or he, or the person on whose behalf he is holding the firearm, is recognised under the firearms law of another member State as a collector of firearms or a body concerned in the cultural or historical aspects of weapons, the constable may seize and detain the firearm or ammunition and require the person to declare his name and address. Refusal to declare is an offence.

Article 56 - Police powers in relation to firearms traffic

Provides that a constable may search for and seize any firearms or ammunition which he has reason to believe are being moved either in contravention of an order made under Article 48 or an order made by the Home Secretary prohibiting the removal of firearms or ammunition from Great Britain to Northern Ireland.

Article 57 - Seizure and detention of firearms and ammunition Provides that in addition to any other powers conferred by this Order a constable may seize and detain any firearms or ammunition in the possession of a person whom he believes to have them in breach of any of the provisions of this Order.

Article 58 - Possession with intent

Makes it an offence for any person to have in his possession a firearm or ammunition with intent to endanger life or cause serious damage to property or to enable another person to do so, whether or not any injury or damage is actually caused. It also makes it an offence for any person who has in his possession a firearm or imitation firearm with intent to cause or enable someone else to cause any other person to believe that unlawful violence will be used against him or anyone else.

Article 59 - Use of firearm to resist arrest

Makes it an offence for a person to use a firearm or imitation firearm to resist or prevent the arrest or detention of either himself or another person. It is also an offence if a person is in possession of a firearm or imitation firearm at the time of committing, or being arrested for, an offence specified in Schedule 4, unless he shows that he had it for a lawful purpose.

Article 60 - Carrying firearm with criminal intent

Makes it an offence to carry a firearm or imitation firearm with intent to commit an indictable offence or to resist arrest or to prevent the arrest of someone else.

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

Makes it an offence for a person to have in a public place a loaded shotgun or loaded air gun, or any other firearm, whether loaded or not, and ammunition for that firearm, or to discharge a firearm in a public place unless he has lawful authority or a reasonable excuse.

Article 62 - Trespassing with firearm

Makes it an offence for a person to trespass in a building or on any land with a firearm or imitation firearm without lawful authority or reasonable excuse.

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

Provides that a person convicted of a crime and sentenced to a period of imprisonment or detention in a young offenders centre of 3 years or more is prohibited for life from purchasing, acquiring or having a firearm or ammunition in his possession. Where the sentence is for a period of 3 months or more but less than 3 years he is prohibited for a period of 8 years. A person sentenced to detention during the pleasure of the Secretary of State under Article 45(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 is also prohibited for life.

A person subject to a recognizance to keep the peace or to be of good behaviour; or a probation order, a condition or requirement of which is that he shall not possess, use or carry a firearm; or a licence under Article 46 of the Criminal Justice (Children)(Northern Ireland) Order 1998, must not purchase, acquire or possess a firearm or ammunition. A person prohibited in Great Britain under section 21 of the Firearms Act 1968 is also prohibited in Northern Ireland. It is an offence to contravene any of the provisions of this Article.

A person prohibited under this Article may apply to the Secretary of State for the removal of the prohibition. It is an offence to sell, transfer, repair, test, etc. any firearm or ammunition to or for a prohibited person.

Article 64 - Possession of firearm or ammunition in suspicious circumstances

Makes it an offence for a person to have a firearm or ammunition in his possession in suspicious circumstances, unless he can show that he has it for a lawful purpose.

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

Makes it an offence for a person to have a loaded firearm in his possession while drunk or under the influence of drugs.

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

Makes it an offence to sell or transfer any firearm or ammunition to a person who is drunk or under the influence of drugs or is suffering from a mental disorder.

Article 67 - Conversion of weapons

Makes it an offence for a person other than a firearms dealer to shorten the barrel of a shotgun to a length less than 60.96 centimetres or to convert into a firearm anything which, though having the appearance of a firearm, is incapable of discharging a missile. A person who possesses, purchases or acquires a shortened shotgun or a converted firearm without a firearm certificate shall be treated for the purposes of punishment as having committed the offence in an aggravated form.

Article 68 - Defences

Provides that in any proceedings for an offence under Articles 59(2), 61, 62, or 64 where the accused is required to show evidence of his innocence and he raises an issue to that effect, it is for the prosecution to prove the contrary beyond reasonable doubt.

Article 69 - Prosecution and punishment of offences

Provides for the manner in which offences under this Order are punishable on conviction and it is set out in Schedule 5.

Article 70 - Minimum sentence for certain offences

Provides for mandatory minimum sentences of 5 years (for persons aged 21 years and over) and 3 years (for those under 21) for the unauthorised possession of certain prohibited weapons under Articles 45(1),(a),(b),(c),(d),(e),(g) and (2)(a), provided the offender had attained the age of 16 years at the time the offence was committed. It also applies the mandatory minimum sentences to the offence of purchase, acquisition or possession of a handgun under Article 3(1)(a). The Article provides the court with a discretionary power to impose an alternative penalty in exceptional circumstances.

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

Provides an order making power to enable the Secretary of State to amend Article 70 (1)(b) to raise the age requirement for the application of the mandatory minimum sentence from 16 to 18 years and to make any other necessary provision in connection with any amendment so made.

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

Allows a court to order the forfeiture or disposal of firearms or ammunition and the cancellation of a firearm certificate. Where the court cancels a certificate it will advise the Chief Constable and he shall require the holder to surrender it. It is an offence to fail to do so. A constable may seize and detain any firearm or ammunition which is the subject of a forfeiture order. The Chief Constable may order the destruction of any firearm surrendered, seized, etc. for which a firearm certificate has not been granted. A court of summary jurisdiction may, on application of the Chief Constable, order the destruction of any firearm or ammunition seized under the Order. Where the holder of a firearm or ammunition is convicted of an offence under Article 48(4) or 56(3) the court may make an order as to their forfeiture. The Article provides for an appeal against the order of the court.

Article 73 - False statements

Makes it an offence for any person knowingly or recklessly to make a false statement to obtain the grant or variation of any certificate, licence, permit or authorisation under the Order, either for himself or someone else.

Article 74 - Appeal from decision of Chief Constable

Provides that a person aggrieved by certain decisions of the Chief Constable may appeal to the Secretary of State and in consideration of an appeal the Secretary of State may make such order as he thinks fit.

Article 75 - Fees

Gives effect to the fees payable in relation to any matter specified in Schedule 6. The Article also provides an order making power for the Secretary of State to vary or cancel any fee specified also to exempt certain matters from payment of a fee.

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

Applies the provisions of the Order, with certain exemptions, to imitation firearms which are readily convertible into firearms.

Article 77 - Application of Order to Crown servants

Exempts Crown servants, acting in their capacity as such, from certain (specified) articles of the Order where they relate to the possession of firearms and ammunition. In particular it provides an exemption from the requirement to hold a firearm certificate for persons in the service of the Crown, who either possess firearms in their capacity as such or who purchase firearms and ammunition for the public service.

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

Provides an exemption from the requirement to hold a firearm certificate for members of the Police Service of Northern Ireland, police support staff, police trainees and police reserve trainees, and members of the Harbour and Airport Police, in so far as it relates to possession of a firearm in their capacity as such. In addition, it provides for the Chief Constable to purchase firearms and ammunition for police purposes, without the requirement of a firearm certificate.

Article 79 - Delegation of functions

Provides that the Chief Constable may delegate any of his functions under the Order to other members of the Police Service and to police support staff. Formerly his delegation power was limited to police officers.

Article 80 - Regulations and orders

Provides that the Secretary of State may make regulations as to how the Chief Constable should carry out his duties under the Order or for generally carrying the Order into effect.

Article 81 - Saving and transitional provisions

Exempts antique firearms from the provisions of the Order and provides for the Secretary of State, by order, to make such other savings and transitional provisions as he thinks necessary or expedient. In addition, it provides that the provisions of the Order shall be in addition to and not in derogation of legislation relating to the keeping and sale of explosives.

Article 82 - Amendments and appeals

Gives effect to the consequential amendments in Schedule 7 and the repeals specified in Schedule 8.

Schedule 1 - Exemptions

Provides for persons to be exempted from the requirement of a firearm certificate in the following circumstances-

Paragraph 1 - Firearms dealers

A firearms dealer or his employee may possess, purchase or acquire a firearm or ammunition in the ordinary course of his business, including business at a place not specified on his firearms dealer's certificate, but see Article 35 (occasional permits). A customer may also possess a firearm or ammunition when under the supervision of a firearms dealer in the ordinary course of his business.

Paragraph 2 - Auctioneers, carriers and warehousemen

An auctioneer, carrier or warehouseman or his employee may possess a firearm or ammunition in the ordinary course of his business. He commits an offence if he fails to take reasonable precautions for the safe custody of such firearms or ammunition or if he fails to report their theft or loss to the Chief Constable.

Paragraph 3 - Slaughter of animals

A licensed slaughterer may have possession of a slaughtering instrument in a slaughterhouse in which he is employed, also the proprietor or a person appointed by him to take charge of the instruments.

Paragraph 4 - Equipment for ships and aircraft

A person may possess a firearm or ammunition on board a ship or a signalling apparatus on board an aircraft or at an aerodrome where it is part of the equipment. A person may remove such a signalling apparatus from an aircraft to a secure place of storage or between one aircraft and another at an aerodrome. A permit from the Chief Constable is necessary to cover any other case of removal of firearm or a signalling apparatus.

Paragraph 5 - Sporting purposes

A person may under instructions from another person, who holds a firearm certificate, carry a firearm or ammunition belonging to and for the use of the other person for sporting purposes only.

Paragraph 6 - Athletics meetings, etc.

A person may possess a firearm for controlling races at an athletics or other competitive meeting. Only blank ammunition as defined in Article 2 may be used.

Paragraph 7 - Firearms clubs

A member of an authorised firearms club may possess a firearm and ammunition when engaged as a member of the club in or in connection with target shooting or drill.

Paragraph 8 - Recreation facilities

A person may possess an air gun, which has kinetic energy in excess of one joule and in the case of :-

(i)     a pistol, not more than 8.13 joules (6 foot pounds); or

(ii)     any other air gun, not more than 16.27 joules (12 foot pounds),

at a miniature rifle range, shooting gallery or a facility for combat games, providing the operator holds a firearm certificate for the air gun. In the case of combat games the exemption only applies to persons aged 16 years or more.

Paragraph 9 - Air guns and ammunition

Subject to certain, specified age restrictions, a person may possess, purchase or acquire an air gun which has kinetic energy of less than one joule. The following age restrictions to this apply:-

(i)     a person under the age of 14 years may only possess one when supervised by someone of 21 years or more; and

(ii)     only someone aged 17 years or more may purchase one.

Air gun ammunition may be possessed, purchased or acquired without restriction.

Paragraph 10 - Rifles

A person aged 18 years or more may borrow a rifle from the occupier of private premises, which includes any lands, and use it on those premises in the presence of the occupier or his employee provided the occupier holds a firearm certificate for it and the borrower complies with the certificate's conditions regarding borrowing and use. He may also purchase any ammunition up to the limit of the owner's authorisation for use with the rifle

Paragraph 11 - Shotguns

A person aged 18 years or more may borrow a shotgun from the occupier of private premises and use it on those premises in the occupier's presence. In addition, a person of that age may use a shotgun at a time and place approved by the Chief Constable for shooting at artificial targets.

Paragraph 12 - Theatre and cinema

A person taking part in a theatrical performance or in the production of a film intended for public exhibition may possess a firearm for use in connection with that. The Secretary of State may authorise a person in charge of a theatre performance or film production, and any other persons selected by him, to have possession of a prohibited weapon for use during the performance or production.

Schedule 2 - Firearms and ammunition in museums

Provides for all matters pertaining to the grant, variation and revocation of a museum firearms licence to a museum or similar institution which holds or intends to hold for the preservation of the public benefit a collection of firearms. The licence will allow those responsible for the management of a museum or their employees, without holding a firearm certificate, to possess, purchase or acquire for the museum, firearms or ammunition, including prohibited weapons and prohibited ammunition. The Secretary of State can attach conditions to the licence necessary for securing the safe custody of the firearms. Non-compliance constitutes an offence. The licence will operate for 5 years and the Secretary of State will have the power to extend or reduce its duration. He can revoke or vary the licence for which he can require its surrender. Non-compliance of such a requirement constitutes an offence. It will be a defence for anyone charged with an offence to prove that he took all reasonable precautions and exercised due diligence to avoid such an offence.