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| | ‘weapons, etc: corresponding provisions for northern ireland |
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| | Using someone to mind a weapon |
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| | 1 (1) | A person is guilty of an offence if— |
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| | (a) | he uses another to look after, hide or transport a dangerous weapon for |
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| | (b) | he does so under arrangements or in circumstances that facilitate, or |
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| | are intended to facilitate, the weapon’s being available to him for an |
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| | (2) | For the purposes of this paragraph the cases in which a dangerous weapon is |
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| | to be regarded as available to a person for an unlawful purpose include any |
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| | (a) | the weapon is available for him to take possession of it at a time and |
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| | (b) | his possession of the weapon at that time and place would constitute, |
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| | or be likely to involve or to lead to, the commission by him of an |
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| | (3) | In this paragraph “dangerous weapon” means— |
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| | (a) | a firearm other than an exempt air gun or a component part of, or |
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| | accessory to, an exempt air gun; or |
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| | (b) | a weapon to which Article 54 of the Criminal Justice (Northern |
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| | Ireland) Order 1996 (1996/3160 (N.I. 24)) applies (knives and bladed |
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| | (4) | In sub-paragraph (3)(a) “exempt air gun” means an air gun to which paragraph |
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| | 9(1) of Schedule 1 of the Firearms Order applies (air guns for which firearm |
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| | certificate not required). |
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| | Penalty for offence under paragraph 1 |
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| | 2 (1) | This paragraph applies where a person (“the offender”) is guilty of an offence |
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| | (2) | Where the dangerous weapon in respect of which the offence was committed |
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| | is a weapon to which Article 54 of the Criminal Justice (Northern Ireland) |
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| | Order 1996 (1996/3160 (NI 24)) (knives and bladed weapons) applies, the |
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| | offender shall be liable, on conviction on indictment, to imprisonment for a |
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| | term not exceeding 4 years or to a fine, or to both. |
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| | (a) | at the time of the offence, the offender was aged 16 or over, and |
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| | (b) | the dangerous weapon in respect of which the offence was committed |
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| | was a firearm mentioned in Article 3(1)(a) or 45(1)(a), (aa), (b), (c), |
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| | (d), (e) or (g) or (2)(a) of the Firearms Order (firearms possession of |
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| | which attracts a minimum sentence), |
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| | | the offender shall be liable, on conviction on indictment, to imprisonment for |
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| | a term not exceeding 10 years or to a fine, or to both. |
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| | (4) | On a conviction where— |
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| | (a) | sub-paragraph (3) applies, and |
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| | (b) | the offender is aged 21 or over at the time of conviction, |
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| | | the court must impose (with or without a fine) a term of imprisonment of not |
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| | less than 5 years, unless it is of the opinion that there are exceptional |
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| | circumstances relating to the offence or to the offender which justify its not |
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| | (5) | On a conviction, where— |
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| | (a) | sub-paragraph (3) applies, and |
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| | (b) | the offender is aged under 21 at the time of conviction, |
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| | | the court must impose (with or without a fine) a term of detention in a young |
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| | offenders centre of not less than 3 years, unless it is of the opinion that there |
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| | are exceptional circumstances relating to the offence or to the offender which |
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| | justify its not doing so. |
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| | (6) | In any case not mentioned in sub-paragraph (2) or (3), the offender shall be |
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| | liable, on conviction on indictment, to imprisonment for a term not exceeding |
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| | 5 years or to a fine, or to both. |
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| | (a) | a court is considering for the purposes of sentencing the seriousness of |
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| | an offence under this paragraph, and |
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| | (b) | at the time of the offence the offender was aged 18 or over and the |
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| | person used to look after, hide or transport the weapon was not, |
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| | | the court must treat the fact that that person was under the age of 18 at that time |
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| | as an aggravating factor (that is to say, a factor increasing the seriousness of |
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| | (8) | Where a court treats a person’s age as an aggravating factor in accordance with |
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| | sub-paragraph (7), it must state in open court that the offence was aggravated |
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| | as mentioned in that sub-paragraph. |
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| | (a) | an offence under paragraph 1 of using another person for a particular |
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| | purpose is found to have involved that other person’s having |
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| | possession of a weapon, or being able to make it available, over a |
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| | period of two or more days, or at some time during a period of two or |
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| | (b) | on any day in that period, an age requirement was satisfied, |
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| | | the question whether sub-paragraph (3) applies or (as the case may be) the |
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| | question whether the offence was aggravated under this paragraph is to be |
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| | determined as if the offence had been committed on that day. |
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| | (10) | In sub-paragraph (9) the reference to an age requirement is a reference to either |
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| | (a) | the requirement of sub-paragraph (3) that the offender was aged 16 or |
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| | over at the time of the offence; |
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| | (b) | the requirement of sub-paragraph (7) that the offender was aged 18 or |
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| | over at that time and that the other person was not. |
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| | Minimum sentence for certain firearms offences |
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| | 3 (1) | The Firearms Order is amended as follows. |
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| | (2) | In Article 70 (which imposes minimum sentence requirements for certain |
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| | offences involving the possession of various firearms), in paragraph (1)— |
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| | (a) | in sub-paragraph (a)(iii) for “and” substitute “or”; |
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| | (b) | after sub-paragraph (a)(iii) insert— |
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| | “(iv) | an offence under any of the provisions of this |
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| | Order listed in paragraph (1A) in respect of a |
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| | firearm or ammunition specified in Article |
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| | 3(1)(a) or Article 45(1)(a), (aa), (b), (c), (d), |
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| | (e) or (g) or (2)(a), and”. |
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| | (3) | After paragraph (1) of that Article insert— |
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| | “(1A) | The provisions are— |
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| | (a) | Article 58 (possession of a firearm with intent); |
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| | (b) | Article 59 (use of firearm to resist arrest); |
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| | (c) | Article 60 (carrying a firearm with criminal intent); |
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| | (d) | Article 61(1) (carrying a firearm in a public place); |
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| | (e) | Article 62 (trespassing in a building with a firearm).” |
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| | (4) | In Schedule 5 (prosecution and punishment of offences), in column 3, in |
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| | paragraph (a) of the entries relating to Articles 61(1) and 62(1), after |
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| | “Summary”, in each place, insert “except if the firearm is a firearm specified |
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| | in Article 3(1)(a) or Article 45(1)(a), (aa), (b), (c), (d) or (e) or (2)(a)”. |
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| | (5) | This paragraph applies only to offences committed after the commencement of |
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| | Restriction on sale and purchase of ammunition loading presses |
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| | 4 (1) | It is an offence for a person to sell an ammunition loading press to another |
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| | unless that other person falls within sub-paragraph (2). |
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| | (2) | A person falls within this sub-paragraph if— |
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| | (a) | he holds a firearms dealer’s certificate; |
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| | (b) | he sells ammunition loading presses by way of any trade or business; |
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| | (c) | he produces a certificate authorising him to possess a firearm; |
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| | (d) | he produces a certificate authorising him to possess ammunition for a |
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| | (e) | he shows that he is a person in the service of the Crown who is entitled |
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| | under sub-paragraph (5) to acquire an ammunition loading press; |
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| | (f) | he shows that he is entitled, by virtue of the Firearms Order or any |
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| | other enactment and otherwise than by virtue of being a person in the |
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| | service of the Crown, to have possession of a firearm, or of |
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| | ammunition for a firearm, without a certificate; or |
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| | (g) | he produces a certificate authorising another person to have possession |
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| | of a firearm, or of such ammunition, together with that other person’s |
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| | authority to purchase the ammunition loading press on his behalf. |
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| | (3) | It is an offence for a person to buy or to attempt to buy an ammunition loading |
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| | press unless he falls within sub-paragraph (4). |
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| | (4) | A person falls within this sub-paragraph if— |
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| | (a) | he holds a firearms dealer’s certificate; |
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| | (b) | he sells ammunition loading presses by way of any trade or business; |
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| | (c) | he holds a certificate authorising him to possess a firearm; |
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| | (d) | he holds a certificate authorising him to possess ammunition for a |
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| | (e) | he is a person in the service of the Crown who is entitled under sub- |
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| | paragraph (5) to acquire an ammunition loading press; |
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| | (f) | he is entitled, by virtue of the Firearms Order or any other enactment |
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| | and otherwise than by virtue of being a person in the service of the |
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| | Crown, to have possession of a firearm, or of ammunition for a |
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| | firearm, without a certificate; or |
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| | (g) | he is in possession of a certificate authorising another person to have |
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| | possession of a firearm, or of ammunition for a firearm, and has that |
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| | other person’s authority to purchase the ammunition loading press on |
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| | (5) | A person who is in the service of the Crown is entitled to acquire an |
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| | ammunition loading press if— |
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| | (a) | he is duly authorised in writing to acquire firearms and ammunition for |
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| | (b) | he is a person who is authorised to purchase a firearm or ammunition |
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| | by virtue of a certificate issued in accordance with Article 77(2)(c) of |
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| | the Firearms Order (certificates for persons in armed forces). |
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| | (6) | An offence under this paragraph shall be punishable, on summary conviction, |
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| | with imprisonment for a term not exceeding 6 months or with a fine not |
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| | exceeding level 5 on the standard scale, or with both. |
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| | “ammunition loading press” includes ammunition loading die; |
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| | “enactment” includes one passed or made after the passing of this Act. |
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| | Manufacture, import and sale of realistic imitation firearms |
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| | 5 (1) | A person is guilty of an offence if— |
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| | (a) | he manufactures a realistic imitation firearm; |
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| | (b) | he modifies an imitation firearm so that it becomes a realistic imitation |
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| | (c) | he sells a realistic imitation firearm; or |
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| | (d) | he brings a realistic imitation firearm into Northern Ireland or causes |
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| | one to be brought into Northern Ireland. |
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| | (2) | Sub-paragraph (1) has effect subject to the defences in paragraph 6. |
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| | (3) | The Secretary of State may by regulations— |
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| | (a) | provide for exceptions and exemptions from the offence under sub- |
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| | (b) | provide for it to be a defence in proceedings for such an offence to |
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| | show the matters specified or described in the regulations. |
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| | (4) | Regulations under sub-paragraph (3) may— |
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| | (a) | frame any exception, exemption or defence by reference to an |
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| | approval or consent given in accordance with the regulations; |
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| | (b) | provide for approvals and consents to be given in relation to particular |
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| | cases or in relation to such descriptions of case as may be specified or |
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| | described in the regulations; and |
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| | (c) | confer the function of giving approvals or consents on such persons |
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| | specified or described in the regulations as the Secretary of State |
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| | (5) | The power of the Secretary of State to make regulations under sub-paragraph |
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| | (3) shall be exercisable by statutory instrument subject to annulment in |
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| | pursuance of a resolution of either House of Parliament. |
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| | (6) | That power includes power— |
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| | (a) | to make different provision for different cases; |
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| | (b) | to make provision subject to such exemptions and exceptions as the |
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| | Secretary of State thinks fit; and |
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| | (c) | to make such incidental, supplemental, consequential and transitional |
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| | provision as he thinks fit. |
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| | (7) | An offence under this paragraph shall be punishable, on summary conviction, |
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| | with imprisonment for a term not exceeding 6 months or with a fine not |
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| | exceeding level 5 on the standard scale, or with both. |
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| | (8) | In this paragraph “realistic imitation firearm” has the meaning given by |
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| | 6 (1) | It shall be a defence for a person charged with an offence under paragraph 5 in |
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| | respect of any conduct to show that the conduct was for the purpose only of |
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| | making the imitation firearm in question available for one or more of the |
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| | purposes specified in sub-paragraph (2). |
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| | (a) | the purposes of a museum or gallery that does not distribute any profits |
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| | (b) | the purposes of theatrical performances and of rehearsals for such |
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| | (c) | the production of films (within the meaning of Part 1 of the Copyright, |
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| | Designs and Patents Act 1988 (c. 48) - see section 5B of that Act); |
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| | (d) | the production of television programmes (within the meaning of the |
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| | Communications Act 2003 (c. 21) - see section 405(1) of that Act); |
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| | (e) | the purposes of historical re-enactments organised and held by persons |
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| | specified or described for the purposes of this paragraph by |
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| | regulations made by the Secretary of State. |
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| | (3) | For the purposes of this paragraph a person shall be taken to have shown a |
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| | matter specified in sub-paragraph (1) if— |
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| | (a) | sufficient evidence of that matter is adduced to raise an issue with |
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| | (b) | the contrary is not proved beyond a reasonable doubt. |
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| | (4) | The power of the Secretary of State to make regulations under this paragraph |
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| | shall be exercisable by statutory instrument subject to annulment in pursuance |
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| | of a resolution of either House of Parliament. |
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| | (5) | That power includes power— |
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| | (a) | to make different provision for different cases; |
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| | (b) | to make provision subject to such exemptions and exceptions as the |
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| | Secretary of State thinks fit; and |
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| | (c) | to make such incidental, supplemental, consequential and transitional |
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| | provision as he thinks fit. |
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| | “historical re-enactment” means any presentation or other event held as a re- |
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| | enactment of an historical event; |
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| | “museum or gallery” includes any institution which— |
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| | (c) | has as its purpose, or one of its purposes, the preservation, |
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| | display and interpretation of material of historical, artistic or |
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| | (d) | gives the public access to it. |
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| | 7 (1) | In paragraph 5 “realistic imitation firearm” means an imitation firearm |
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| | (a) | has an appearance that is so realistic as to make it indistinguishable, |
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| | for all practical purposes, from a real firearm; and |
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| | (b) | is neither a de-activated firearm nor itself an antique. |
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| | (2) | For the purposes of this paragraph, an imitation firearm is not (except by virtue |
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| | of sub-paragraph (3)(b)) to be regarded as distinguishable from a real firearm |
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| | for any practical purpose if it could be so distinguished only— |
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| | (b) | on a close examination; or |
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| | (c) | as a result of an attempt to load or to fire it. |
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| | (3) | In determining for the purposes of this paragraph whether an imitation firearm |
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| | is distinguishable from a real firearm— |
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| | (a) | the matters that must be taken into account include any differences |
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| | between the size, shape and principal colour of the imitation firearm |
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| | and the size, shape and colour in which the real firearm is |
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| | (b) | the imitation is to be regarded as distinguishable if its size, shape or |
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| | principal colour is unrealistic for a real firearm. |
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| | (4) | The Secretary of State may by regulations provide that, for the purposes of sub- |
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| | (a) | the size of an imitation firearm is to be regarded as unrealistic for a real |
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| | firearm only if the imitation firearm has dimensions that are less than |
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| | the dimensions specified in the regulations; and |
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| | (b) | a colour is to be regarded as unrealistic for a real firearm only if it is a |
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| | colour specified in the regulations. |
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| | (5) | The power of the Secretary of State to make regulations under this paragraph |
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| | shall be exercisable by statutory instrument subject to annulment in pursuance |
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| | of a resolution of either House of Parliament. |
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| | (6) | That power includes power— |
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| | (a) | to make different provision for different cases; |
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| | (b) | to make provision subject to such exemptions and exceptions as the |
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| | Secretary of State thinks fit; and |
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| | (c) | to make such incidental, supplemental, consequential and transitional |
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| | provision as he thinks fit. |
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| | “colour” is to be construed in accordance with sub-paragraph (9); |
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| | “de-activated firearm” means an imitation firearm that consists in |
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| | (f) | has been so rendered incapable of discharging a shot, bullet or |
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| | other missile as no longer to be a firearm; |
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| | (g) | a firearm of an actual make or model of modern firearm (whether |
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| | existing or discontinued); or |
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| | (h) | something falling within a description which could be used for |
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| | identifying, by reference to their appearance, the firearms falling |
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| | within a category of actual modern firearms which, even though |
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| | they include firearms of different makes or models (whether |
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| | existing or discontinued) or both, all have the same or a similar |
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| | (8) | In sub-paragraph (7) “modern firearm” means any firearm other than one the |
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| | appearance of which would tend to identify it as having a design and |
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| | mechanism of a sort first dating from before the year 1870. |
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| | (9) | References in this paragraph, in relation to an imitation firearm or a real |
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| | firearm, to its colour include references to its being made of transparent |
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| | (10) | Article 2(7) of the Firearms Order (under which firearms are deemed to be |
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| | deactivated if they are appropriately marked) applies for the purposes of this |
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| | paragraph as it applies for the purposes of that Order. |
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| | Specification for imitation firearms |
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| | 8 (1) | The Secretary of State may by regulations make provision requiring imitation |
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| | firearms to conform to specifications which are— |
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| | (a) | set out in the regulations; or |
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| | (b) | approved by such persons and in such manner as may be so set out. |
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| | (2) | A person is guilty of an offence if— |
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| | (a) | he manufactures an imitation firearm which does not conform to the |
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| | specifications required of it by regulations under this paragraph; |
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| | (b) | he modifies an imitation firearm so that it ceases to conform to the |
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| | specifications so required of it; |
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| | (c) | he modifies a firearm to create an imitation firearm that does not |
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| | conform to the specifications so required of it; or |
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| | (d) | he brings an imitation firearm which does not conform to the |
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| | specifications so required of it into Northern Ireland or causes such an |
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| | imitation firearm to be brought into Northern Ireland. |
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| | (3) | An offence under this paragraph shall be punishable, on summary conviction, |
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| | with imprisonment for a term not exceeding 6 months or with a fine not |
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| | exceeding level 5 on the standard scale, or with both. |
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| | (4) | Regulations under this paragraph may provide that, in proceedings for an |
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| | offence under this paragraph, it is to be presumed, unless the contrary is |
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| | proved, that an imitation firearm conforms to the required specification if it, or |
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| | the description of imitation firearms to which it belongs, has been certified as |
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| | so conforming by a person who is— |
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| | (a) | specified in the regulations; or |
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| | (b) | determined for the purpose in accordance with provisions contained in |
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| | (5) | The power of the Secretary of State to make regulations under this paragraph |
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| | shall be exercisable by statutory instrument subject to annulment in pursuance |
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| | of a resolution of either House of Parliament |
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| | (6) | That power includes power— |
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| | (a) | to make different provision for different cases; |
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| | (b) | to make provision subject to such exemptions and exceptions as the |
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| | Secretary of State thinks fit; and |
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| | (c) | to make such incidental, supplemental, consequential and transitional |
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| | provision as he thinks fit. |
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| | Supplying imitation firearms to minors |
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| | 9 (1) | After Article 66 of the Firearms Order insert— |
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| | “66A | Supplying imitation firearms to minors |
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| | (1) | It is an offence for a person under the age of 18 to purchase an |
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| | (2) | It is an offence to sell an imitation firearm to a person under the age of |
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| | (3) | In proceedings for an offence under paragraph (2) it is a defence to |
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| | show that the person charged with the offence— |
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| | (a) | believed the other person to be aged 18 or over; and |
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| | (b) | had reasonable ground for that belief.” |
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| | (2) | In Article 68 of that Order (defences), for “or 64” substitute “, 64 or 66A”. |
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| | (3) | In Schedule 5 of that Order (punishments), after the entry for Article 66 |
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