Firearms Control
Conditions may be attached to the grant of a firearm certificate. They may be varied and revoked from time to time. Where a firearm certificate is applied for by a person who has not previously had a certificate for that type of firearm, conditions may be imposed that he be supervised by an experienced person in loading and using the firearms.
A firearms certificate may be granted to individuals between 16 and 18 years. Any person who works and resides on agricultural land may be granted a certificate for an air gun, shotgun, or .22 rim rifle for the purpose of pest control or the protection of livestock.
Every person may be granted a certificate for an air gun or shotgun for supporting purposes, provided that he must be supervised for at least 12 months for the possession of the firearm and ammunition by someone over 21 who has held a certificate for that firearm for over three years.
Firearm certificates generally last five years. The police may revoke the firearm certificate when satisfied that the holder cannot be permitted to have in possession or require a firearm or ammunition that is a danger to public safety or peace, or where the person is prohibited from having or possessing a firearm.
A firearm certificate may be revoked if the holder is not a fit person to be entrusted with a firearm and fails to produce it when required to do so. The revocation is made by the chief constable. It is an offence to fail to surrender the firearm on revocation.
The firearm certificate may be varied. A certificate may not be revoked if the holder is authorized by the Secretary of State to possess the firearm. It is an offence to fail to surrender a firearm when revoked.
There is provision for a visitor’s firearm permit. The application must be made on behalf of a visitor by a person resident in Northern Ireland. Group applications may be made for upwards of 20 persons. It may be issued subject to conditions and may be revoked or varied by the chief constable.
A holder of a firearm or shotgun certificate granted in Great Britain may possess that firearm provided he has obtained a certificate of approval from the chief constable.
There is provision for a firearms passport, which permits persons to take legally held firearms to another member state subject to conditions. There are provisions for variations and endorsements of the European firearm certificate.
A firearm dealer must have a license. It is an offence to sell or trade as a firearms dealer without having the requisite firearms dealer’s license. The application is made to the chief constable.
Conditions may be attached to the certificate. This may restrict the types and numbers and quantities of firearms and ammunition which the dealer may hold. Conditions may be imposed, varied, or revoked. The certificate generally lasts five years.
The place of business must be specified in the certificate. When a firearms dealer is convicted of an offence in relation to firearms, the court may make orders in relation to the certificate.
There is provision for an occasional firearms permit to allow a firearms dealer to trade at a place not specified in the certificate. There are exemptions for auctioneers who may obtain an exemption from the requirement for a firearms dealer’s license.
Firearms dealers must keep records of transactions in firearms and maintain records for two years. Prescribed information must be kept. An authorized officer, being a member of the police or support, may enter premises, inspect stock records, and documents. Electronic documentation must be made available.
Procedures and requirements are laid down where a firearm or ammunition is sold that is handed over by one person to another when neither is a firearms dealer or is exempted from the requirement of a firearm certificate or visitor’s permit. The transfer must take place personally. Failure to do so is an offence subject to [penalty].
It is an offence to fail to immediately notify the loss or theft of a firearm. The certificate or permit-holder must notify the chief constable immediately. Where a firearm that has been ballistically tested is repaired or altered, the certificate or permit-holder must notify the chief constable.
Where a firearm is sold outside Northern Ireland or disposed of, activated, destroyed, or lost, or ammunition is lost or stolen, the transferor or the certificate-holder must notify the chief constable within seven days. Subject to [penalty] on indictment [or] six months’ summary conviction.
Where a Northern Ireland resident purchases or acquires a firearm in accordance with the European weapons directive in another state, he must notify the chief constable within seven days, if it is to be removed from that state. It does not apply where it is covered by an existing firearm certificate. Failure to do so is subject to conviction on summary [penalty] or a level V fine.
Certain categories of weapons and ammunition are prohibited or require the Secretary of State’s authorization for their possession, purchase, acquisition, manufacture, sale, or transfer. It is an offence to deal in automatic explosive rocket launching weapons subject to conviction on indictment of up to 10 years, with a minimum fine of five years if aged over 21.
It is an offence to deal in electric notches, materials, or weapons subject to conviction on indictment of up to 10 years or 12 months summarily. It is an offence to deal in firearms disguised as some other object subject to 10 years’ imprisonment and conviction on indictment with a minimum sentence of five years for those over 21 years.
It is similarly an offence to deal with other prohibited weapons subject to conviction on indictment of 10 years and 6 months on summary conviction.
It is also an offence to fail to comply with notices to surrender or breach conditions imposed by the Secretary of State.
The Secretary of State may prohibit the removal of firearms or ammunition from one part of Northern Ireland to another or to Great Britain or for export without the consent of the chief constable or subject to any convictions that may be imposed. Breach is an offence subject to conviction of up to 12 months summarily or a level III fine.