Firearm Offences
The Firearms, NI, Order updated the law on firearms. It deals with both firearms offences and the unlawful possession of firearms.
It is an offence to possess, purchase, or acquire firearms or ammunition without holding the requisite firearm certificate. Certain exemptions are provided.
There is a five-year mandatory minimum sentence in respect of possession of illegal firearms, and the maximum sentence for a handgun offence is 10 years.
A firearm is any dischargeable lethal weapon and any other prohibited weapon. A limitation is anything that has the appearance of being a firearm, whether or not it is dischargeable.
An application for a firearm certificate is made to the police/chief constable. It is an offence to knowingly or recklessly make a false statement in connection with a firearm application. A firearms certificate may only be issued to a fit person.
It is an offence to possess a sawnoff shotgun or commercial firearm without a certificate It is subject to 7 years on convictions on indictment or 12 months summarily at the option of the prosecution exclusively. Possession of a handgun is subject to imprisonment of up to 10 years and may not be prosecuted summarily.
It is an offence for any person to have in his possession a firearm or ammunition with the 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 is an offence for any person who has in his possession a firearm or imitation of firearm with the 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. The offence is subject to indictment of up to life imprisonment. There is a minimum fine and a minimum sentence of five years if the person is over 21.
It is an offence to use a firearm or imitation of firearm to resist or prevent the arrest or detention of a person or another. It is an offence to be in possession of a firearm or imitation of firearm at the time of committing or being arrested for certain specified offences, unless it is shown that it is held for an unlawful purpose. Subject to conviction on indictment of up to life imprisonment with a minimum sentence of five years.
It is an offence to carry a firearm or imitation of firearm with the intent to commit an indictable offence or resist arrest or prevent the arrest of someone else. Subject to conviction of life imprisonment with a minimum sentence of five years for persons over 21.
It is an offence to have in a public place a loaded shotgun or 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 reasonable authority and lawful excuse. Subject to conviction on indictment of up to 10 years imprisonment. Triable summarily if an imitation firearm or a rare weapon. Other cases triable on indictment only, minimum sentence of five years generally applies.
It is an offence for a person to trespass a building or land with a firearm or imitation firearm without lawful authority or reasonable excuse. Subject to conviction on indictment of up to 10 years imprisonment with a minimum sentence of five years. As above potentially triable summarily if imitation firearm.
It is an offence to trespass on land with a firearm or imitation firearm subject to conviction of 12 months summarily or a level 5 fine.
A constable or member of police support staff authorised by the chief constable may enter and inspect premises where firearms are held. It is an offence to obstruct such a person. A club authorisation may be revoked on public safety grounds.
On a warrant by a justice of the peace, a constable or member of support staff may enter and search the premises where there is a reasonable suspicion that an offence under the order has or is being committed. They may seize and detain anything found. It is an offence to obstruct the search.
The constable may stop any person whom he suspects of having a firearm or ammunition in a public place or carrying a firearm with criminal intent or trespassing with a firearm and require him to hand it over for examination. It is an offence subject to conviction summarily of 12 months or a level V fine.
A constable may search a person if he suspects him of having a firearm or ammunition in contravention of the act. He may stop and search the vehicle if he suspects it contains a firearm in a public place or is being used in connection with an offence under the below legislation or otherwise done in public. It is an offence to fail to or allow the vehicle to be searched. In exercise of the powers, a constable may enter any premises. Subject to summary conviction of up to 12 months or a level V sentence.
The chief constable may require the production of a firearm, have ballistic tests done. It is an offence to fail to comply.
A constable may, if he believes a person has a firearm or ammunition, demand the production of a firearm certificate or European firearm pass. It is an offence for a person in possession of a firearm not to comply with the demand. Alternatively, an alternative European firearms pass or other lawful license, etc., may suffice. The constable may seize and detain the firearm or ammunition and require the person to declare his name and address. Failure to comply is an offence.
A constable may search for and seize firearms or ammunition which he has reason to believe have been moved in contravention of an order above or an order made by the home secretary. 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 the order.
A person convicted of a crime or sentenced for a period of imprisonment or detention in the young offender centre of more than three years is prohibited from purchasing, acquiring, or having a firearm or ammunition in his possession. In the case of sentences of three years to three months, the period is eight years.
A person may be bound to enter to enter a recognizance to keep the peace and be of good behaviour or probation order or condition, so providing must not use or carry a firearm, purchase, acquire, or possess a firearm or ammunition. The offence is subject to on conviction on indictment of up to 5 years or 12 months summarily.
A person prohibited above may apply to the Secretary of State for the removal of the prohibition. It is an offence for a person to have a firearm or ammunition in his possession in suspicious circumstances unless he has it for a lawful purpose. Subject to conviction on indictment of up to 10 years or 2 years on summary conviction.
It is an offence for a person to have a loaded firearm in his possession while drunk or under the influence of drugs, subject to summary conviction for up to 6 months or a level III fine. It is an offence to supply firearms or ammunition to a drunk or mentally disordered person. Subject to conviction summarily 12 months or level 5 fine.
It is an offence if a person other than the firearms dealer shortens a shotgun to less than 61 cm or converts it into a firearm, anything which has the appearance of a firearm isn’t capable of discharging a missile. A person who possesses, purchases or acquires a shortened shotgun or converts firearm certificate is treated as having committed the offence in an aggravated form. Subject to conviction on indictment of up to 7 years or 12 months on summary conviction.
There are mandatory minimum sentences of five years for persons over 21 and 3 years for persons under 21 for offences above provided the person has attained the age of 16 years, the court has discretionary power to impose an alternative penalty in exceptional circumstances. The Secretary of State may vary the provision by order.
The court may order the forfeiture or disposal of firearms or ammunition or cancellation of a firearm certificate. It is an offence to fail to surrender a firearm or ammunition where so ordered. A chief constable may seize or detain any firearm or ammunition subject to a forfeiture order.
The chief constable may order the destruction of any firearm seized or surrendered for which there is no firearm certificate.
If a court of summary jurisdiction may, on the application of the chief constable, order the destruction of any firearm or ammunition seized under the order. Where the holder of the firearm or ammunition is convicted of an offence, certain offences, the firearm may be forfeited.
It is an offence to make a false statement knowingly or recklessly in connection with any application for the grant, variation of a certification license or permit under the order.
There are various limited exemptions in connection with the slaughter of animals, sporting purposes, athletic meetings, firearms, recreational facilities.
Subject to certain restrictions on power, air guns may be possessed subject to limited conditions in shooting galleries, minimum rifle range, etc.
Rifles and shotguns may be borrowed from the occupier of private premises and used in that premises for that person’s purposes subject to certain conditions the occupier must hold a firearms certificate, the occupier must be present.