The Firearms (Amendment) (Northern Ireland) Order 2005

© Crown Copyright 2005

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Firearms (Amendment) (Northern Ireland) Order 2005, ISBN 0110800036. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

Prohibition of certain air guns
     3. —(1) In Article 45(1) of the principal Order (list of weapons subject to general prohibition) after sub-paragraph (a) insert—

" (aa) any air gun which uses, or is designed or adapted for use with, a self-contained gas cartridge system;".

    (2) In Article 70 of the principal Order (minimum sentence for certain offences) in paragraph (1)(a)(ii) after "45(1)(a)" insert ", (aa)".

    (3) In Schedule 5 to the principal Order (table of punishments) in the first column of the entry relating to Article 45(1)(a), (b), (c), (d), (e) and (g) after "45(1)(a)" insert ", (aa)".

    (4) In the Customs and Excise Management Act 1979 (c. 2)—

(a) in section 50(5A)(b) (penalty for improper importation of goods);

(b) in section 68(4A)(b) (offences in relation to exportation of prohibited or restricted goods); and

(c) in section 170(4A)(b) (penalty for fraudulent evasion of duty, etc.),

after "45(1)(a)" insert ", (aa)".

Order adding to list of prohibited weapons
     4. —(1) After Article 45(10) of the principal Order (order adding to list of prohibited weapons) insert—

    " (11) An order under paragraph (10) may make such consequential amendments to this Order or to any other statutory provision as the Secretary of State thinks fit.".

    (2) In Article 81(3) of the principal Order (saving and transitional provisions) for the words "or 8(3)" substitute the words ", 8(3) or 45(10)".

Carrying an air gun or imitation firearm in a public place
     5. —(1) In Article 61(1) of the principal Order (carrying a firearm in a public place) for the words from "in a public place a loaded shotgun" to the words "for use in that firearm" substitute the words—

" in a public place—
(a) a loaded shotgun;

(b) an air gun (whether loaded or not);

(c) any other firearm (whether loaded or not) together with ammunition suitable for use in that firearm; or

(d) an imitation firearm,".

    (2) In Schedule 5 to the principal Order (table of punishments) in the entry relating to Article 61(1)—

(a) in the second column (general nature of offence) for the words "firearm and ammunition" substitute the words "firearm or imitation firearm"; and

(b) in the third column (mode of prosecution) after the word "not" insert the words "in the case of an imitation firearm or".

    (3) In Article 26(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12) (list of offences to which powers of summary arrest apply) after sub-paragraph (m) insert—

" (n) an offence under Article 61(1) of the Firearms (Northern Ireland) Order 2004 (NI 3) (carrying a firearm in a public place) in respect of an air gun or imitation firearm.".

A. K. Galloway
Clerk of the Privy Council