Supplementary memorandum submitted by
the Gun Trade Association Northern Ireland
EXECUTIVE SUMMARY
The Negotiations Committee of The Gun Trade
Association of Northern Ireland, (hereafter the Association),
has commissioned this submission to the Northern Ireland Affairs
Committee. This report is the culmination of several years of
local lobbying by the Association, and whether explicit within
this document or not carries with it the professional expertise
and intelligence gathered within that time of the Associations
Negotiations Committee. In brief this document will present the
main elements of concern within the draft legislation, for which
the Association wishes to make proposal of alternatives.
The Association acknowledges and welcomes the
"benchmarks" allied to the proposed legislation and
welcomes the opportunity to appraise the Northern Ireland Affairs
Committee of its interpretations, as to how such benchmarking
has been employed within the proposed legislative changes. The
Association also Acknowledges that it shall make submission relating
to existing legislation from the old order which has been carried
into the new order with the intention of exploring the possibility
of "parity of esteem" concerning similar UK legislation.
For the purposes of this report the Association
has identified that the key "benchmark" for the presentation
of its critic should be...
"The aim of the review was to assess whether
the legislation remained relevant, effective and proportionate
and whether it struck the right balance between the level of public
safety demanded by modern society and the reasonable expectations
of the shooting community and the firearms trade."
In responding to specific articles within the
proposed draft legislation the Association has devised the following
matrix of review which shall be deployed against all changed,
modified or inserted elements of that document.
Article—The number of the article
discussed within the provisions of the order.
Relevance and Effectiveness—Assessment
of legislation's relevance and effectiveness.
Aspect to Public Safety—Characteristics
of legislation weighted for or against public safety.
Aspect to Firearms trade—Characteristics
of legislation weighted for or against trading.
The formation of this report will hold with
the following format. That each element of the report will identify
the article to be discussed and will provide analysis of that
article according to the benchmark identified and present such
analysis according to the matrix of review. The analysis will
demarcate clearly the Associations primary, secondary and tertiary
articles of response and review within this document by means
of colour coding the article number title within each response
matrix.
Eg
Article 1—Denotes a response article
of primary concern to the Association.
Article 2—Denotes a response article
of secondary concern to the Association.
Article 3—Denotes a response article
worthy of comment by the Association.
As previously stated this document represents
a brief elaboration of the considerable communications and research
intelligence gained by the Association. It is expected that the
prioritisation of our responses will assist the committee in examining
that which is felt to be most crucial to the trade of firearms
within Northern Ireland.
Accordingly it is anticipated that the professionalism
of the Association's membership and their expert credentials as
responsible persons involved in the trade of Firearms need not
be expanded upon within this report. Rather it is given that this
professionalism and expertise is acknowledged and recognised by
the PSNI, NIO and the Northern Ireland Affairs Committee and shall
be called upon orally if required.
RESPONSE TO
THE PROVISIONS
OF THE
ORDER
ARTICLE 3. FIREARMS
CERTIFICATE REQUIRED
Relevance and Effectiveness
The Association makes no challenge to the relevance
of this provision, in so far as the possession of Firearms within
any modern society must be regulated and effectively licensed.
The effectiveness of this provision however must be questioned
in that, accounting for the minor changes in this provision from
the 1981 Order, this has always been a provision, which has had
to be broken.
Aspect to Public Safety
This provision provides adequately for the needs
of public safety and clearly establishes a system of licensing
which is respectful of society, shooters and the trade. However
the Association believes that review of this provision to permit
non-FAC holders to accompany FAC holders in the use of firearms
would be a natural addendum to this article. Such experiential
use permits instruction in the safe use and correct procedures
for use, by experienced shooters to those who may wish to adopt
shooting as a sport, pastime or hobby. Such permissions would
represent no additional aspect of risk to public safety as anyone
who has been granted a firearms certificate is deemed by the Chief
Constable to be "a fit person to be entrusted with a firearm"[1]
and "competent in the use of such a firearm or ammunition"[2].
Aspect to Firearms trade
Whilst accommodating the existing public safety
measures incumbent within this provision, the Association seeks
to ratify within this article and or its associated schedules
a means of providing accompanied and supervised shooting experience
to non-FAC holders, when accompanied by an experienced FAC holder.
The Association believes that such provision should be made in
concord with Article 5(2)(c) insofar as experience gained which
may relate to the grant of a firearms certificate and the competence
of an individual to be objectively granted or denied a certificate
will be best achieved through properly supervised shooting experience.
This development of the draft legislation would be seen as easily
deliverable and not to the detriment of the existing proposal
in relation to the benchmark.
In addition the Association believes that suitable
denotation should be made within the legislation to display where
non-FAC holders and firearms dealers are protected from infraction
of the law whilst conducting firearms transactions.
ARTICLE 4. APPLICATION
FOR FIREARM
CERTIFICATE
Relevance and Effectiveness
Elements of the provisions within this article
are both supported and objected to by the Association. It is accepted
and supported by the Association that anyone wishing to be granted
a firearms certificate, should have his/her credentials and authenticity
properly and adequately assessed by the issuing police force.
Accordingly the Association commends the relevance of this Article,
but must strenuously object to several of its provisions and their
possible future effect/effectiveness.
Aspect to Public Safety
Public Safety is maintained and adequately supported
by this article and its provisions. The Association accepts and
presents no challenge to the following provision of this article
in relation to Public Safety.
4. (1)(a)(b)(c).
4. (2)(a)(b).
4. (7)(a).
4. (8).
In relation to the remainder of the provisions
within this article the Association questions the legitimacy and
accuracy of same in relation to the proportionate maintenance
of adequate public safety.
Article 4(2)(c) and Article 4(3) makes provision
for the accompaniment of two named referees who are asked to objectively
support the application for an FAC. Given the present systems
unequalled success in vetting applicants suitability to be granted
a firearms certificate, and the fact that this will be further
reinforced by the ability of the PSNI to approach the applicants
Medical Practitioner to request relevant medical history in relation
to the grant/re-grant of a certificate. The additional request
of referees is seen as an unnecessary and extraneous requirement
given the intelligence and expertise of the agencies already involved
in the vetting process. In addition Article 4(4) appears to be
unnecessarily exclusive.
Aspect to Firearms trade
Within Article 4 paragraph (6)(a)(i) it should
be noted that a firearms dealer who operates a firearms club as
an element of his business is acknowledged as a suitable referee.
This presents an obvious paradox given that the Association presumes
that dealers are precluded from acting as a referee in Article
4(4)(b) as he may have a vested interest in the sale of a firearm
to a potential applicant.
ARTICLE 5. GRANT
OF A
FIREARMS CERTIFICATE
Relevance and Effectiveness
The Association notes that the relevance and
effectiveness of this Article in so far as it reinforces the process
of application for a firearms certificate. In general this Article
if enacted makes accountable the Chief Constable of the PSNI for
all granting of certificates within Northern Ireland, and as such
delivers a conduit of accountability to the general public. The
Association accepts this Article and its provisions with only
one exception (5)(2)(c), and understanding that the primacy of
public safety which is already upheld within this redrafted article
suggests minor changes to this section.
Aspect to Public Safety
As stated the redraft of this Article is intended
to explicitly serve the primacy of public safety in relation to
the Grant of Firearms Certificates within Northern Ireland. The
Association commends the spirit and tenure of this article, with
the exception of (5(2)(c). This provision entrusts to the Chief
Constable an un-objective decision making process which can best
be described as lacking the ability to be measured. Complementing
our objection to this section of Article 5 and associating it
with our earlier critic of Article 3, it is unreasonable to make
an assessment of shooting competency if an applicant cannot be
in possession of a firearm or experience shooting under supervision
if he/she is not a firearms certificate holder. To this end if
this article were enforced to the letter an effective "catch
22" has been developed.
Aspect to Firearms trade
The Association would seek prior to the enactment
of this legislation, to have in its possession the means by which
competency will be assessed by Firearms Licensing and Explosives
Branch. This would be seen as vitally important to the Trade within
Northern Ireland as even the smallest variation in the means of
deciding competency (and therefore the sale of a firearm) could
impact upon retail receipts and volumes of sales for registered
firearms dealers.
ARTICLE 6. CONDITIONS
Relevance and Effectiveness
According to the Grant of a firearms certificate,
the Association deems this article relevant and effective in conjunction
with Article 5 and its provisions to ensure primacy of public
safety. However we would seek assurance that guidance on conditions
that may be attached to a firearms certificate as per 6(2)(a)
should be produced in advance of this legislation being enacted
and agreed through a consultative process.
Aspect to Public Safety
As per comments associated with Article 5, aspect
to public safety.
Aspect to Firearms trade
The Association holds no objection to this Article
in relation to this article, holding as we do to our comments
above and relating to Article 5's aspect to public safety.
ARTICLE 7. RESTRICTIONS
ON GRANT
OF FIREARM
CERTIFICATE TO
YOUNG PERSONS
Relevance and Effectiveness
Article 7 clearly has little relevance in relation
to contemporary shooters within Northern Ireland who wish to progress
young shooters within the sport. Presently the interested "young
shots" within Northern Ireland whose families can afford
the expense are regularly "exported" to Scotland and
England to undertake instruction and competition.
The effectiveness of this article is simply
to preclude the youth of Northern Ireland from participating at
a formative point in their lives in a sport that promotes personal
and collective responsibility and respect. Accordingly the Association
strenuously objects to the inclusion of this article as it serves
no purpose other than that of discrimination due to age.
Aspect to Public Safety
The evidence collated by interested parties
within GB, clearly identifies that there is no risk to public
safety in relation to young shooters taking part in this sport
under the correct supervision and guidance.
It should be noted that this age restriction
only applies to those young people who do not belong to a Firearms
Club authorised under Article 35 or who do not belong to the Army
Cadet Force. Please note Part 1 Introductory Interpretation—Under
definition of "Firearms Club".
Aspect to Firearms Trade
In so far as the Association has briefly displayed
the lack of relevance and effectiveness of this article and its
inability affect the primacy of public safety given that there
is clear evidence to the contrary, we believe that this article
should be removed. Clearly there is also a commercial detriment
to the trading community within Northern Ireland, as a portion
of their potential client base is unevenly prohibited to them
under this article.
ARTICLE 8. CONTENT
AND DURATION
OF FIREARMS
CERTIFICATES
Relevance and Effectiveness
The Association is please to commend the relevance
and effectiveness of this proposed article of legislation. In
particular the Association welcomes the increase in duration of
the period for which an FAC is issued. Increasing as it is proposed
from three to five years.
Aspect to Public Safety
Commending as we do the re-draft of this article,
the Association would suggest that as a means of making most efficient
use of public time and money, the certificate be granted for a
period of 10 years. This proposal presents no additional risk
to public safety given that any point in the life of the FAC it
may be revoked if the holder infringes the conditions under which
it is held.
Aspect to Firearms Trade
The production of a 10 year license would dramatically
reduce the operational costs incurred in both FLB and the registered
firearm dealers premises, as any reduction in recurrent paper
work is an accepted principle in the modernisation of contemporary
businesses.
ARTICLE 9. REVOCATION
OR VARIATION
OF FIREARM
CERTIFICATE
Relevance and Effectiveness
The Association accepts the irrefutable relevance
of this article in relation to the powers of the Chief Constable
and his authority to revoke or vary a firearms certificate. Accordingly
the Association sees this article as an effective means of controlling
firearms.
Aspect to Public Safety
This article adequately represents the proportionate
interests of the general public and the shooting community.
Aspect to Firearms Trade
This article adequately represents the proportionate
interests of the general public and the trade community with the
exception of section 9(6). As the authority to vary a firearms
certificate exists only with the Chief Constable and due to operational
constraints within Firearms Licensing and Explosives Branch, as
well as seasonal demands for manpower etc the processing of variations
to firearms certificates (One-on One-off) is often a task, which
is prolonged far, more than is necessary. As a consequence dealers
are consistently forced to endure considerable and lengthy commercial
outlay for the practise of removing one firearm and adding a same
calibre firearm to the permit of an existing firearms holder who
is licensed to hold that calibre of firearm. As persons of business
our membership possess the relevant commercial acumen to identify
that this is a system which inaccurately represents the needs
for our members to realise cash flow and to deliver upon revenue
targets and quotas associated with their related franchises.
The Association wishes to work in partnership
with Government and Law Enforcement and feels that to do so they
must demonstrate clearly their commitment to the fulfilment of
"real cost recovery and best practise implementation"
in relation to the implementation of this legislation.
The Association's proposal is that the facilitation
of Firearms Variations be empowered to the registered firearms
dealers in keeping with common practise throughout the United
Kingdom. In deploying this function to the dealers the PSNI and
the traders will naturally see a real cost recovery through reduced
operational involvement and reduced capital outlay. Additionally
best practise is adhered to without any impingement on public
safety.
The Association believes that the PSNI do not
object in principle to registered firearms dealers conducting
the administrative function of the process commonly referred to
as One On One Offs. Accordingly we would request that under this
legislation the appropriate amendments be made to empower the
PSNI to delegate this task.
ARTICLE 10. CONSEQUENCES
OF REVOCATION
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 11. CERTIFICATE
FOR PROHIBITED
WEAPON
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 12. SURRENDER,
ETC OF
FIREARMS ON
EXPIRATION OF
FIREARM CERTIFICATE
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 13. VISITORS'
FIREARM PERMITS
Relevance and Effectiveness
Whilst the Association must accept the relevance
of policing the transit of persons and firearms into Northern
Ireland, we feel that there are larger issues and considerations
that should be examined prior to commending this article as proportionately
effective. This complex and lengthy article is essentially the
Northern Ireland legislative provisions enacted locally as identified
within the European Weapons directive (91/477/EEC).
Aspect to Public Safety
Essentially the Association accepts that the
European Weapons Directive (91/477/EEC) provides adequately, to
any member state wishing to adopt it, for public safety to be
upheld and maintained within the European Union. Existing as it
does, as a Europe wide document the European Firearms Pass should
be accepted fully as the means of transiting firearms legally
held by a person authorised and fully vetted by the police force
of a member state. The European Weapons Directive provides a competent,
unilateral and Europe wide means to facilitate visiting sportsmen
additionally it affords the member states with an unambiguous
system and schedule of firearms which that state may adopt or
preclude in relation to visitors.
Aspect to Firearms trade
This article when assessed within the most local
context of Northern Ireland and the Republic of Ireland is unnecessarily
complex. A shooter within the Republic of Ireland must in order
to travel into Northern Ireland to shoot have in his/her possession
a European Pass, a visitors certificate issued by the Firearms
Licensing and Explosives Branch and his/her FAC. It is our view
that adopting the European wide directive and accepting the validity
of the European Firearms Pass for visiting shooters could simplify
this legislation.
ARTICLE 14. FIREARM
CERTIFICATES AND
SHOTGUN CERTIFICATES
GRANTED IN
GREAT BRITAIN
Relevance and Effectiveness
Historical background associated with much earlier
licensing within GB in relation to shotguns and their transit
into Northern Ireland this article is seen as an artefact of those
much earlier licensing systems. Due to the increased licensing
requirements in GB, which now record similar information to the
FAC's issued in Northern Ireland this article is seen as neither
relevant nor effective.
Aspect to Public Safety
Public safety cannot be seen as being affected
by the movement of a UK citizen from the mainland to Northern
Ireland.
Aspect to Firearms trade
The limitations associated with this article
may have a marginal impact on tourism within Northern Ireland.
ARTICLE 15. AIR
GUNS HELD
WITHOUT A
FIREARM CERTIFICATE
IN GREAT
BRITAIN
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 16. ISSUE
OF EUROPEAN
FIREARMS PASS
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
Subject to comments already stated for Article
13.
ARTICLE 17. DURATION
OF EUROPEAN
FIREARMS PASS
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 18. RENEWAL
OF EUROPEAN
FIREARMS PASS
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 19. ARTICLE
7 AUTHORITIES
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 20. VARIATION,
ENDORSEMENT ETC.
OF EUROPEAN
DOCUMENTS
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 21. FIREARMS
DEALER'S
CERTIFICATE REQUIRED
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 22. APPLICATION
FOR FIREARMS
DEALER'S
CERTIFICATE
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 23. GRANT
OF FIREARMS
DEALER'S
CERTIFICATE
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 24. CONDITIONS
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 25. CONTENT
AND DURATION
OF FIREARMS
DEALER'S
CERTIFICATE
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 26. REVOCATION
OR VARIATION
OF FIREARMS
DEALER'S
CERTIFICATE
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 27. SURRENDER,
ETC. OF
FIREARMS ON
EXPIRATION OF
FIREARMS DEALER'S
CERTIFICATE
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 28. PLACES
OF BUSINESS:
ADDITION TO
CERTIFICATE
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 29. PLACES
OF BUSINESS;
REMOVAL FROM
CERTIFICATE
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 30. OFFENCES
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 31. CONSEQUENCES
WHERE DEALER
CONVICTED OF
AN OFFENCE
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 32. EXEMPTIONS
FROM ARTICLE
21 FOR AUCTIONEERS
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 33. OCCASIONAL
PERMITS
Relevance and Effectiveness
Accepting that persons applying for occasional
permits are registered firearms dealers this article is seen as
extraneous and therefore neither relevant nor effective. Such
provision for occasional permits may reasonably be made via conditions
appended to the RFD's certificate.
Aspect to Public Safety
The requirements of public safety can be maintained
and upheld by the RFD liaising with the local Divisional Explosives
Officer as to suitable security arrangements for the event or
events.
Aspect to Firearms trade
Acceptance of the Association's proposal provides
a clear methodology within this process of granting occasional
permits to reduce unnecessary administration and expense.
ARTICLE 34. REVOCATION
OR VARIATION
OF OCCASIONAL
PERMIT
Refer to comments already stated for Article
33.
ARTICLE 35. FIREARMS
CLUBS AUTHORISATION
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 36. REVOCATION
OF AUTHORISATION
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 37. POWER
OF ENTRY
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 38. BUSINESS
AND OTHER
TRANSACTIONS WITH
FIREARMS AND
AMMUNITION
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 39. RECORD
OF TRANSACTIONS
IN FIREARMS
Relevance and Effectiveness
Whilst acceding to the effectiveness of this
article, the Association must question that relevance of several
requirements within this article. Acknowledging as we do that
records relating to transactions must be maintained and made available
to inspection by the PSNI, the detail of the records kept must
be queried.
Aspect to Public Safety
It is possible to review the system of record
of transitions in firearms without creating any risk to public
safety. The Association would suggest as a starting point that
transactions relating to shotgun cartridges should be aligned
more closely to the effective system operating in GB. In addition
there are several instances where details such as Name, Address
etc etc are transcribed in manual logs held by the RFD. These
details could easily be substituted by the RFD recording the FAC
number, which is a unique identifier of the individual, involved
in the transaction.
Aspect to Firearms trade
Should the Association's proposals be accepted
in relation to record of transactions in firearms, the natural
benefit to the trade would be a reduction in administration and
cost without causing any reduction in the quality of information
recorded.
ARTICLE 40. TRANSFERS
OF FIREARMS
AND AMMUNITION
TO BE
IN PERSON
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 41. NOTIFICATION
OF DEALINGS
INVOLVING FIREARMS
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 42. NOTIFICATION
OF LOSS,
REPAIR OR
DEACTIVATION OF
FIREARMS, ETC
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 43. NOTIFICATION
OF DISPOSAL
OR DESTRUCTION,
ETC TAKING
PLACE OUTSIDE
OF NORTHERN
IRELAND
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 44. PURCHASE
OR ACQUISITION
OF FIREARMS
IN OTHER
MEMBER STATES
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 45. FIREARMS
ACQUIRED FOR
EXPORT
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 46. WEAPONS
SUBJECT TO
GENERAL PROHIBITION
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 47. EXEMPTIONS
FROM REQUIREMENT
OF AUTHORITY
UNDER ARTICLE
46
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 48. POSSESSION
OF FIREARMS
ON SERVICE
PREMISES, ETC
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
Subject to comments already stated for Article
7.
ARTICLE 49. POWER
TO PROHIBIT
MOVEMENT OF
FIREARMS AND
AMMUNITION
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article with the exception of 49(4), which is essentially
an inclusion of GB legislation (Firearms Act 1968) relating to
the removal of firearms from GB to Northern Ireland. The Association
wishes to make comment that we are already seeking the revocation
of The Firearms (Removal to Northern Ireland) Order 1990 (relating
to Firearms Acts 1968 to 1988) via submission to the Home Office.
This submission has been well documented. We believe the repeal
of this legislation has the support of the NIO and Firearms Licensing
and Explosives Branch, which would render Article 49(4) irrelevant.
ARTICLE 50. POWER
OF SEARCH
WITH WARRANT
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 51. POWERS
OF CONSTABLES
TO STOP
AND SEARCH
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 52. PRODUCTION
OF FIREARMS
FOR BALLISTIC
AND OTHER
TESTS
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 53. PRODUCTION
OF CERTIFICATES
ETC
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 54. POLICE
POWERS IN
RELATION TO
FIREARMS TRAFFIC
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
Subject to comments already stated for Article
49
ARTICLE 55. SEIZURE
AND DETENTION
OF FIREARMS
AND AMMUNITION
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 56. POSSESSION
OF FIREARM
WITH INTENT
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 57. USE
OF FIREARM
TO RESIST
ARREST
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 58. CARRYING
A FIREARM
WITH CRIMINAL
INTENT
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 59. CARRYING
OR DISCHARGING
FIREARM IN
A PUBLIC
PLACE
Relevance and Effectiveness
The Association provides no challenge to the
relevance or effectiveness of this article.
Aspect to Public Safety
The Association would wish to bring to the attention
of the committee the obvious failure of 59(2) when compared to
The Firearms (Northern Ireland) Order 1981 Article 20(2).
Aspect to Firearms trade
The Association makes no submission relating
to this article in relation to firearms trade.
ARTICLE 60. TRESPASSING
WITH FIREARM
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 61. PROHIBITION
OF POSSESSION,
ETC. OF
FIREARM BY
CERTAIN PERSONS
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 62. POSSESSION
OF FIREARM
OR AMMUNITION
IN SUSPICIOUS
CIRCUMSTANCES
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 63. POSSESSION
OF LOADED
FIREARM WHILE
DRUNK OR
UNDER THE
INFLUENCE OF
DRUGS
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 64. SUPPLYING
FIREARM OR
AMMUNITION TO
PERSON WHO
IS DRUNK,
ETC
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 65. CONVERSION
OF WEAPONS
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 66. PROSECUTION
ON PUNISHMENT
OF OFFENCES
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 67. FORFEITURE
AND DISPOSAL
OF FIREARMS;
CANCELLATION OF
CERTIFICATE BY
CONVICTING COURT
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 68 APPEAL
TO COUNTY
COURT FROM
DECISION OF
CHIEF CONSTABLE
Relevance and Effectiveness
The Association welcomes the inclusion of this
article within the proposed legislation as it provides a proper,
effective and impartial conduit, to appeal against decisions,
which are believed to be incorrect. However, the Association would
suggest that to provide within this legislation a means of appeal
68(1)(2) and then within the same article 68(3) remove the means
of appeal from all but the wealthiest within society, would appear
to be against all sense of natural justice.
Aspect to Public Safety
The Association makes no submission relating
to this article in relation to Public Safety.
Aspect to Firearms trade
The Association makes no submission relating
to this article in relation to firearms trade.
ARTICLE 69. FEES
Relevance and Effectiveness
The Association makes no submission relating
to relevance and/or effectiveness of this article.
Aspect to Public Safety
The Association makes no submission relating
to this article in relation to Public Safety.
Aspect to Firearms trade
The Association would seek clarification from
the committee as to how the schedule of fees, Schedule 6 relating
to this article was arrived at. In particular we would seek clarification
as to the establishment of what would appear to be an extremely
high fee for the grant and renewal of a dealers certificate.
ARTICLE 70. APPLICATION
OF ORDER
TO IMITATION
FIREARMS WHICH
ARE READILY
CONVERTIBLE INTO
FIREARMS
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 71. APPLICATION
OF ORDER
TO CROWN
SERVANTS
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 72. APPLICATION
OF CERTAIN
PROVISION OF
THIS ORDER
TO POLICE
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 73. DELEGATION
OF FUNCTIONS
Relevance and Effectiveness
The Association sees this Article as pivotal
to the creation of equitable trading rights within Northern Ireland
under the guidance of the Chief Constables decision making powers.
Aspect to Public Safety
As the power of delegation rests with the Chief
Constable, it is inconceivable to assume that an increment of
the Chief Constables powers would represent any additional risk
to public safety.
Aspect to Firearms Trade
It is imperative that the powers of the Chief
Constable be increased under this Article, to include his/her
ability to delegate administrative tasks to Registered Firearms
Dealers, as he/she deems appropriate.
Reference also to comments already stated relating
to Article 9(6).
ARTICLE 74. REGULATIONS
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 75. SAVINGS
AND TRANSITIONAL
PROVISION
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
ARTICLE 76. AMENDMENTS
AND REPEALS
As identified within the draft legislation the
Association sees no difficulty in fully accepting and recommending
this article.
1 Ref: 1: Article 5 (2)(a). Back
2
Article 5(2)(c). Back
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