Select Committee on Northern Ireland Affairs Fourth Report


Annex B:

Comparative table of punishments in the Firearms (Northern Ireland) Order 1981 (as amended) and proposed draft Firearms (Northern Ireland) Order 2002


Art. no. 1981

Offence

Punishment 1981

Proposed punishment 2002

Art. no. 2002

3(1)

Purchase, acquisition or possession of firearm or ammunition without a certificate

Summary - 1 year or a fine of statutory maximum or both
  
Indictment - 5 years or a fine or both

Summary - 1 year or a fine of the statutory maximum or both
  
If the offence is committed in an aggravated form within the meaning of article 65(4) (possession of shortened shot gun or converted weapon), 7 years or a fine or both. In any other case, 5 years or a fine or both.

3(1), (2)

3(2)

Failure to comply with a condition subject to which a firearm certificate is held

Summary - 1 year or level 5 or both

Summary - 1 year or level 5 or both

6(4)
13(12) (in relation to visitor's permit)

4(1)

Manufacturing selling, repairing, etc. without being registered as a dealer

Summary - 1 year or a fine of statutory maximum or both
  
Indictment -5 years or a fine or both

Summary - 1 year or a fine of the statutory maximum or both
  
Indictment - 5 years or a fine or both

21(1)

4(2), (3)

Sale to any person other than a dealer who does not produce a certificate; repair for a person other than a dealer who does not produce a certificate

Summary - 1 year or a fine of statutory maximum or both
  
Indictment - 5 years or a fine or both

Summary - 1 year or a fine of the statutory maximum or both
  
Indictment - 5 years or a fine or both

38(1), (2)

4(4)

Production of false certificate etc with view to purchase or acquisition of a firearm

Summary - 1 year or a fine of statutory maximum or both
  
Indictment - 5 years or a fine or both

Summary - 1 year or a fine of the statutory maximum or both
  

Indictment - 5 years or a fine or both

38(4)

4(5)

Pawnbroker taking firearm in pawn

Summary - 3 months or level 3 or both

Summary - 3 months or level 3 or both

38(5)

5(1)
(3)

Shortening the barrel of a shot gun or converting an imitation firearm into a firearm

Summary - 1 year or a fine of statutory maximum or both
  
Indictment -7 years or a fine or both

Summary - 1 year or a fine of the statutory maximum or both
  

Indictment - 7 years or a fine or both

65(1), (3)

6(1)

Manufacture, dealing in or possession of prohibited weapon

Summary - 1 year or a fine of statutory maximum or both
  
Indictment -10 years or a fine or both

Summary - 1 year or a fine of the statutory maximum or both
  

Indictment - 10 years or a fine or both

46(1)

6
(1A)

Possession of or dealing in other prohibited weapons

Summary- 6 months or a fine of statutory maximum or both
  
Indictment -10 years or a fine or both

Summary - 6 months or a fine of the statutory maximum or both
  

Indictment - 10 years or a fine or both

46(2)

6(4)

Failure to comply with conditions of authority relating to prohibited weapons

Summary - 1 year or level 5 or both

Summary - 1 year or level 5 or both

46(5)

6(5)

Failure to surrender authority relating to prohibited weapons

Summary - level 3

Summary - level 3

46(6)

7(4)

Contravention of order prohibiting removal of firearms or ammunition

Summary - 1 year or, for each firearm or parcel of ammunition in respect of which offence committed, level 3 or both

Summary - 1 year or, for each firearm or parcel of ammunition in respect of which an offence committed, level 3 or both

49(4)

10
(1A)

Failure of auctioneer, carrier or warehouseman to take reasonable precautions

Summary - 6 month or level 5 or both

Summary - 6 months or level 5 or both

Sch 1 para 2(2)

10(4)

Making false statement to procure auctioneer's permit

Summary - 1 year or level 5 or both

Summary - 1 year or level 5 or both

32(4)

14(2)

Making false statement to procure grant of permit under Art. 14(1)(c)

Summary - 1 year or level 5 or both

Summary - 1 year or level 5 or both

Sch 1 para 4(4)

17

Possession of firearm with intent to injure

Indictment - Life imprisonment

Indictment - Life imprisonment

56(1)

17A

Possession of firearm with intent to cause fear of violence

Indictment - 10 years or a fine or both

Indictment - 10 years or a fine or both

56(2)

18(1)

Use or attempted use of firearm to resist arrest

Indictment - life imprisonment

Indictment - life imprisonment

57(1)

18(2)

Possession of firearm while committing offence specified in 1981/
Schedule 1 (2002/
Schedule 3)

Indictment - life imprisonment

Indictment - life imprisonment

57(2)

19(1)

Carrying firearm with criminal intent

Indictment - life imprisonment

Indictment - life imprisonment

58(1)

20(1)

Carrying firearm and ammunition in a public place

Summary - 1 year or fine of statutory maximum or both
  
Indictment (but not if firearm is air weapon) - 10 years or a fine or both

Summary - 1 year or fine of statutory maximum or both
  
Indictment (but not if firearm is air gun) - 10 years or a fine or both
  

59(1)

20(2)

Discharge of firearm in public place

Summary - 1 year or level 4 or both

Summary - 1 year or level 4 or both

59(2)

21(1)

Trespassing with firearm or imitation firearm in any building

Summary - 1 year or fine of statutory maximum or both
  
Indictment - (but not in case of imitation firearm) - 10 years or fine or both

Summary - 1 year or fine of statutory maximum or both
  
Indictment (but not in case of imitation firearm) - 10 years or fine or both

60(1)

21(2)

Trespassing with a firearm or imitation firearm on land

Summary - 1 year or level 5 or both

Summary - 1 year or level 5 or both

60(2)

22(5)

Possession of firearm or ammunition by convicted person

Summary - 1 year or a fine of statutory maximum or both
  
Indictment - 5 years or a fine or both

Summary - 1 year or a fine of the statutory maximum or both
  
Indictment - 5 years or a fine or both

61(5)

22(7)

Sale of firearm to convicted person; repair of firearm for convicted person

Summary - 1 year or a fine of statutory maximum or both
  
Indictment -5 years or a fine or both

Summary - 1 year or a fine of the statutory maximum or both
  
Indictment - 5 years or a fine or both

61(7)

23

Possession of a firearm or ammunition in suspicious circumstance

Summary - 2 years or fine of statutory maximum or both
  
Indictment - 10 years or fine or both

Summary - 2 years or fine of statutory maximum or both
  
Indictment - 10 years or fine or both

62

24

Possession of loaded firearm by person who is drunk

Summary - 6 months or level 4 or both

Summary - 6 months or level 3 or both

63

25

Supplying firearm or ammunition to person who is drunk or of unsound mind

Summary - 1 year or level 5 or both

Summary - 1 year or level 5 or both

64

26

 Acquisition and possession of firearm by persons under 18

Summary - 1 year or level 5 or both

   

   

27(3)

Making false statement to procure grant or renewal of firearms certificate

Summary - 1 year or level 5 or both

Summary - 1 year or level 5 or both

4(8)
13(11) (in case of visitor's permit

29(4)

Making false statement to procure variation of firearms certificate

Summary - 1 year or level 5 or both

Summary - 1 year or level 5 or both

9(7)

31(3)

Failure to surrender firearms certificate, firearms or ammunition when certificate is revoked or not renewed

Summary - level 3

Summary - level 3
Summary - level 3

10(3)
12(2)

33B
(2)

Failure to surrender expired European firearms pass

Summary - level 3

Summary - level 3

18(4)

33C
(6)

Failure to produce European firearms pass or article 7 authority for variation

Summary - 3 months or level 5 or both

Summary - 3 months or level 5 or both

20(6)

39(8)

Failure of firearms dealer to surrender certificate of registration or register of transactions on removal from register

Summary - level 3

Summary - level 3

26(5)

40(5)

Failure to comply with conditions of special permit

Summary - 1 year or fine of statutory maximum or both

Summary - 1 year or fine of statutory maximum
  
Indictment - 3 years or fine or both

33(8)

41(1)

Making false statement to pursue registration as firearms dealer or entry of place of business in register

Summary - 1 year or level 5 or both

Summary - 1 year or level 5 or both

30(1)

41(2)

Registered firearms dealer having unregistered place of business

Summary - 1 year or level 5 or both

Summary - 1 year or level 5 or both

30(2)

41(4)

Failure of firearms dealer to comply with conditions of registration

Summary - 1 year or level 5 or both

Summary - 1 year or level 5 or both

24(6)

42(7)

Failure to keep register of transactions ; failure to comply with
Art. 42

Summary - 1 year or level 5 or both

Summary - 1 year or level 5 or both

39(7)

43(3)

Failure to comply with instructions of certificate in transactions or failure to notify the Chief Constable

Summary - 1 year or fine of statutory maximum or both
  
Indictment - 5 years or a fine or both

Compliance failure: Summary - 6 months or a fine of the statutory maximum or both
  
Indictment - 5 years or a fine or both
  
Notification failure:
Summary - 1 year or a fine of the statutory maximum or both
  
Indictment - 5 years or a fine or both

40(3), 41(4)

43(3)

Failure to notify Chief Constable of loss, repair, etc. of firearm tested under 1981/article 47 (2002/article 52)

Summary - 1 year or fine of statutory maximum or both
  
Indictment - 5 years or fine or both

Summary - 6 months or a fine of statutory maximum or both
  

Indictment - 5 years or fine or both


  

Failure to notify Chief Constable of sale, etc. of firearm outside Northern Ireland

  

Summary - 6 months or a fine of the statutory maximum or both
  
Indictment - 5 years or a fine or both

43(2)

  

Failure to notify Chief Constable of loss, etc. of firearm or ammunition outside Northern Ireland

  

Summary - 6 months or a fine of the statutory maximum or both
  
Indictment - 5 years or a fine or both

43(4)

  

Failure to notify Chief Constable of sale of firearm to non-resident for export

  

Summary - 6 months or level 5 or both

45(6)

46(2)

Failure to hand over firearm to constable for examination by him

Summary - 1 year or level 5 or both

Summary - 1 year or level 5 or both

51(2)

46(5)

Failure to stop vehicle or refuse to permit its search

Summary - 1 year or level 5 or both

Summary - 1 year or level 5 or both

51(5)

47(2)

Failure to produce firearm for ballistic etc. test

Summary - 1 year or level 5 or both

Summary - 1 year or level 5 or both

52(2)

48(3)

Refusal to declare name and address or failure to give true name and address

Summary - level 3

Summary - level 3

53(4)

48(4)

Failure to produce firearms pass issued in another member state

Summary - level 3

Summary - level 3

53(5)

49(3)

Failure to give constable facilities for inspecting or failure to produce documents

Summary - 1 year or, for each firearm or parcel of ammunition in respect of which offence committed, level 3 or both

Summary - 1 year or, for each firearm or parcel of ammunition in respect of which offence committed, level 3, or both

54(3)

53(2)

Failure to surrender certificate when cancelled by court

Summary - level 3

Summary - level 3

67(2)

53A
(6)

Failure to notify chief constable of purchase or acquisition of firearm in another member state

Summary - 3 months or level 5 or both

Summary - 3 months or level 5 or both

44(5)

54(3)(a)

Operating or participating in activities of unauthorised firearms club

Summary - 1 year or fine of statutory maximum or both
  
Indictment - 3 years or fine or both

Summary - 1 year or fine of statutory maximum or both
  
Indictment - 3 years or fine or both

35(5)(a)

54(3)(b)

Contravention of conditions or limitations of authorisation

Summary - 1 year or fine of statutory maximum or both
  
Indictment - 3 years or fine or both

Summary - 1 year or fine of statutory maximum or both
  

Indictment - 3 years or fine or both

35(5)(b)

54(6)

Obstruction of constable inspecting firearms club premises

Summary - level 3

Summary - 6 months or level 5 or both

37(2)

   

Failure of firearm dealer to surrender certificate, records of transactions on expiry of certificate

  

Summary - level 3

27(2)
  

Failure to surrender occasional permit
  

Summary - level 3

34(3)

  

Obstruction of a constable or member of police support staff during exercise of search powers

  

6 months or level 5 or both

50(4)








 
previous page contents next page

House of Commons home page Parliament home page House of Lords home page search page enquiries index

© Parliamentary copyright 2003
Prepared 4 February 2003