The Firearms (Northern Ireland) Order 2004 (Amendment) Regulations 2012

Made: 30th October 2012

Coming into operation: 29th November 2012

The Department of Justice being designated [^f00001] for the purpose of section 2(2) of the European Communities Act 1972 [^f00002] in relation to firearms and ammunition except in relation to prohibited weapons and prohibited ammunitions, in exercise of the powers conferred by that section makes the following Regulations:

Citation and commencement

1

These Regulations shall be cited as the Firearms (Northern Ireland) Order 2004 (Amendment) Regulations 2012 and shall come into operation on 29 November 2012.

Amendment of the Firearms (Northern Ireland) Order 2004

2

Article 15 (6) of the Firearms (Northern Ireland) Order 2004[^f00003] (Visitor’s firearm permit) is amended as follows—

• (a) in paragraph (a) after “document” (in both places where it occurs) insert “or copy of same”; and

• (b) in the full out words after “document” (in the first place where it occurs) insert “or copy”.

• (c) in the full out words after “document” (in the second place where it occurs) insert “or, where a copy has been produced on the copy”.

Signed

Sealed with the Official Seal of the Department of Justice on 30th October 2012

David Ford — Minister of Justice

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend Article 15 (6) of the Firearms (Northern Ireland) Order 2004 (“the 2004 Order”) which relate to applications for a visitor’s firearm permit.

Council Directive 1991/477/EEC [^f00004] as amended, on the control of the acquisition and possession of weapons was transposed by the Firearms (Northern Ireland) Order 1981 (Amendment) Regulations 1992[^f00005], which amended the Firearms (Northern Ireland) Order 1981[^f00006] (“the 1981 Order”). The 1981 Order was repealed by the 2004 Order which replaced it but re-enacted the requirements of that part of the Directive dealing with the European Firearms Pass. Article 15(6) of the 2004 Order currently requires an applicant for a visitor’s firearms permit to submit an original European Firearms Pass to the Chief Constable. Article 12(2) of that Directive allows member states to grant authorisations to those in possession of firearms for journeys between member states, and states that such authorisations must be entered onto the European Firearms Pass, which the traveller must produce whenever so required by the authorities of the member states.

Regulation 2 amends Article 15 (6) of the 2004 Order so that a person resident in Northern Ireland applying for a visitor’s firearm permit on behalf of a person can produce to the Chief Constable a copy of the European Firearms Pass as an alternative to the original document.

Article 15 (6) is also amended so that, where a copy of the European Firearms Pass has been produced instead of the original document, the Chief Constable who grants a visitor’s permit shall endorse a statement (identifying the permit, the firearm, and the effect of the permit) on the copy rather than on the original document.

Footnotes

[^f00001]: S.I. 2012/1759

[^f00002]: 1972 c. 68.

[^f00003]: S.I. 2004/702 (N.I. 3)

[^f00004]: OJ No L256, 13.9.91, p51. This Directive has been amended by Directive 2008/51/EC, OJ No L 179, 8.7.2008, p5

[^f00005]: S.I. 1992/3267

[^f00006]: S.I. 1981/155 (N.I. 2)