Jersey Law 9/2000
FIREARMS (JERSEY) LAW 2000
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ARRANGEMENT OF
ARTICLES
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PART I
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INTRODUCTORY
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1.
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Interpretation.
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PART II
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GENERAL RESTRICTIONS
ON POSSESSION AND HANDLING OF FIREARMS AND AMMUNITION: FIREARMS CERTIFICATES,
ETC. CENTRAL FIREARMS INDEX
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2.
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Requirement of firearm certificate.
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3.
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Application for firearm
certificates, grant, variation and revocation of firearm certificates.
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4.
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Partial revocation of firearm certificates.
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5.
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Revocation of certificates – supplementary.
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6.
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Surrender of firearms etc.
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7.
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Certificate for prohibited weapon.
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8.
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Central Firearms Index.
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9.
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Conditions subject to which a firearm certificate is
held.
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10.
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Fees for firearm certificates.
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11.
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Authorized dealing with firearms.
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12.
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Equipment for ships and aircraft.
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13.
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Police and Crown servants, etc.
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14.
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Sports, athletics and other approved activities.
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15.
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Approval of shooting clubs.
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16.
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Appeals by shooting clubs.
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17.
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Powers of police to examine firearms.
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18.
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Production of proof of certification.
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PART III
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MANUFACTURE AND
DEALING IN FIREARMS: REGISTRATION OF FIREARMS DEALERS
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19.
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Manufacturing and dealing in firearms and ammunition.
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20.
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Registration of firearms dealers.
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21.
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Certificates of registration.
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22.
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Registration of places of business of firearms dealers.
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23.
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Restrictions on sale, repair, etc. of firearms and
ammunition.
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24.
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Register of Transactions in Firearms.
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25.
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Powers of court in case of offences
by registered firearms dealers.
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26.
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Penalty for taking in pawn firearms or ammunition.
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PART IV
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TRANSFERS ETC. OF FIREARMS
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27.
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Transfer of firearms etc.
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28.
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Notification of transfers involving firearms.
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29.
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Notification of de-activation, destruction or loss of
firearms etc.
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30.
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Notification of events taking place
outside the Island involving firearms etc.
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31.
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Penalty for offences under Articles 27 to 30.
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PART V
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UNLAWFUL, PROHIBITED
AND OFFENSIVE WEAPONS: PUBLIC SAFETY, PREVENTION OF CRIME AND LAW ENFORCEMENT
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32.
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Possession of unlawful weapons.
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33.
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Prohibited weapons and ammunition.
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34.
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Power to prohibit removals of firearms and ammunition.
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35.
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Purchase and possession of firearms by young persons.
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36.
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Supply of firearms to persons drunk or of unsound
mind.
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37.
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Possession of firearms by persons
previously convicted of crime.
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38.
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Possession of firearms with intent to injure.
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39.
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Use of firearms to resist arrest, etc.
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40.
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Carrying firearm with criminal intent.
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41.
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Carrying firearm in a public place.
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42.
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Trespassing with firearm.
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43.
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Prohibition on the carrying of
offensive weapons without lawful authority or reasonable excuse.
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44.
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Discharging firearm or imitation
firearm in a reckless, dangerous or careless manner.
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45.
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Restriction on hunting any animal or bird.
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46.
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Restriction on sale of ammunition for shot guns
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47.
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Shortening shot guns and conversion of weapons.
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48.
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Forfeiture of firearms and cancellation of
certificates.
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49.
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Power of search with warrant.
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PART VI
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MISCELLANEOUS AND
GENERAL
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50.
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Visitors’ permit.
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51.
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De-activated weapons.
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52.
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Particular savings.
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53.
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Offence by body corporate.
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54.
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Accessories and abettors, etc.
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55.
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Appeals.
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56.
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Service of notices.
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57
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General power of Committee to make Orders.
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58.
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Application of fees.
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59.
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Transitional and consequential etc. provisions.
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60.
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Repeals.
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61.
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Short title and commencement.
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SCHEDULE – Transitional provisions
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FIREARMS (JERSEY) LAW 2000
___________
A LAW to
make new provision for the control of the manufacture, acquisition, transfer,
possession and use of firearms, imitation firearms and other weapons and
ammunition in place of the Firearms (Jersey) Law 1956 and the Loi (1879) sur le
Port d’Armes, and for matters connected therewith, sanctioned by Order of
Her Majesty in Council of the
15th day of MARCH 2000
____________
(Registered on the 31st day of March 2000)
____________
STATES OF JERSEY
____________
The 17th day of
November 1999
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THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law –
PART I
INTRODUCTORY
ARTICLE
1
Interpretation
(1) In
this Law, unless the context otherwise requires –
“acquire” means hire, accept as a gift, or borrow;
“air weapon” means an air rifle, air gun, or air pistol
and includes a rifle, gun or pistol powered by compressed carbon dioxide;
“ammunition” means ammunition for any firearm and also
means grenades, bombs and other missiles whether capable of use with a firearm
or not, and prohibited ammunition;
“certificate of registration” means a certificate of
registration issued to a registered firearms dealer under Article 21;
“certificate holder” means the holder of a firearm
certificate issued under Article 3;
“Chief Officer” means the Chief Officer of the States
of Jersey Police Force;
“the Committee” means the Defence Committee;
“component part” in relation to a firearm, means the
breech closing mechanism, the trigger mechanism or the chamber and barrel;
“the Court” means the Royal Court;
“customs officer” means the Agent of the Impôts
or any other officer of the Impôts;
“firearm” means any lethal barrelled weapon of any
description from which any shot, bullet or other missile can be discharged, and
also means –
(a) any
prohibited weapon whether it is a lethal barrelled weapon or not;
(b) any
component part of a lethal barrelled or prohibited weapon; and
(c) any
accessory to such weapon designed or adapted to diminish the noise or flash
caused by firing the weapon;
“firearm certificate” means a certificate issued under
Article 3;
“firearms dealer” means any person who, by way of trade
or business, manufactures, sells, transfers, repairs, tests or proves firearms
or ammunition;
“imitation firearm” means anything which has the
appearance of being a firearm (other than a weapon of the type referred to in
sub-paragraph (b) of paragraph (1) of Article 33) whether or not it is capable
of discharging any shot, bullet or other missile;
“pistol” means a firearm which either has a barrel less
than twelve inches in length or is less than twenty-four inches in length
overall, other than an air weapon, a muzzle loading gun, a slaughtering
instrument or a firearm designed as a signalling apparatus;
“police officer” has the same meaning as in the Police
Force (Jersey) Law 1974;
“premises” includes any land;
“prescribed” means prescribed by Order made by the Committee;
“prohibited ammunition” means any ammunition referred
to in sub-paragraphs (c), (d) or (g) of paragraph (1) of Article 33;
“prohibited weapon” means any firearm or weapon
referred to in sub-paragraphs (a), (b), (e), (f) or (g) of paragraph (1) of Article
33;
“public place” includes any highway and any place or
premises to which at the material time the public have or are permitted to have
access, whether on payment or otherwise;
“recognized veterinary surgeon” means a recognized
veterinary surgeon within the meaning of Article 6 of the Veterinary Surgeons
(Jersey) Law 1999;
“register” means the Register of Firearms Dealers kept
pursuant to Article 20;
“registered firearms dealer” means a firearms dealer
registered under Article 20;
“revolver”, in relation to a smooth-bore gun, means a
gun containing a series of chambers which revolve when the gun is fired;
“rifle” includes carbine;
“self-loading” and “pump-action” in
relation to a firearm mean respectively that it is designed or adapted
(otherwise than is mentioned in sub-paragraph (a) of paragraph (1) of Article
33) so that it is automatically reloaded or that it is so designed or adapted
that it is reloaded by the manual operation of the fore-end or forestock of the
firearm;
“ship” includes a hovercraft;
“shooting club” means a pistol, shot gun, rifle or
miniature rifle club approved by the Committee pursuant to Article 15;
“shot gun” means any smooth-bore gun with a barrel not
less than twenty-four inches in length, not being an air gun;
“slaughtering instrument” means a firearm which is
specially designed or adjusted for the instantaneous slaughter of animals or
for the instantaneous stunning of animals with a view to slaughtering them;
“theatrical performance” includes a rehearsal of a
theatrical performance and the production of a cinematograph film;
“transfer” includes let on hire, give, lend and part
with possession;
“unlawful weapon” means any weapon or class of weapon,
other than a firearm, that may be declared by Order of the Committee under
Article 57 to be an unlawful weapon for the purposes of this Law;
“visitor’s permit” means a permit issued under
Article 50.
(2) A
reference in this Law to an Article by number only and without further
identification is a reference to the Article of that number in this Law.
(3) A
reference in an Article or other division of this Law to a paragraph,
sub-paragraph or clause by number or letter only and without further
identification, is a reference to the paragraph, sub-paragraph or clause of
that number or letter contained in the Article or other division in which that
reference occurs.
(4) Unless
the context otherwise requires, a reference in this Law to any other enactment
is a reference to that enactment as amended, extended or applied by or under
any other enactment and to any enactment which repeals and re-enacts the first
mentioned enactment with or without further amendment.
(5) For
the purposes of this Law –
(a) the
length of the barrel of a firearm shall be measured from the muzzle to the
point at which the charge is exploded on firing; and
(b) a
shot gun or an air weapon shall be deemed to be loaded if there is ammunition
in the chamber or barrel or in any magazine or other device which is in such a
position that the ammunition can be fed into the chamber or barrel by he manual
or automatic operation of some part of the gun or weapon.
PART II
GENERAL RESTRICTIONS ON POSSESSION
AND HANDLING OF FIREARMS AND AMMUNITION: FIREARMS CERTIFICATES, ETC. CENTRAL
FIREARMS INDEX
ARTICLE
2
Requirement of firearm certificate
(1) Subject
to this Law, any person who –
(a) has
in his possession, or purchases or acquires, a firearm to which this Article
applies without holding a valid firearm certificate, or otherwise than in
accordance with that certificate;
(b) has
in his possession, or purchases or acquires any ammunition to which this
Article applies without holding a valid firearm certificate, or otherwise than
in accordance with that certificate; or
(c) contravenes
or fails to comply with any condition subject to which a firearm certificate is
held by him,
shall be guilty of an offence.
(2) This
Article applies to –
(a) all
firearms, except an air weapon of a type declared by Order of the Committee
under Article 57 not to be specially dangerous;
(b) ammunition
for a firearm except –
(i) cartridges
containing five or more shot, none of which exceeds .23 of an inch in diameter,
(ii) ammunition
for an air weapon, and
(iii) blank
cartridges not exceeding one inch in diameter measured immediately in front of
the rim or cannelure of the base of the cartridge.
(3) A
person who is guilty of an offence under paragraph (1) shall be liable to a
fine or to imprisonment for a term not exceeding five years, or to both.
ARTICLE
3
Application for firearm certificates, grant, variation and
revocation of firearm certificates
(1) An
application for the grant of a firearm certificate shall be made in the
prescribed form to the Connétable and shall state such particulars as
may be required by the form.
(2) The
Committee may by Order prescribe that any application for a firearm certificate
shall be accompanied by up to four photographs of the applicant and by the
names and addresses of two persons who have agreed to act as referees.
(3) An
Order under paragraph (2) may require that, before considering an application
for a firearm certificate, a Connétable has the following from each
referee nominated by the applicant –
(a) verification
in the prescribed manner of –
(i) any
prescribed particulars,
(ii) the
likeness to the applicant of the photographs submitted with the application;
(b) a
statement to the effect that he knows of no reason why the applicant should not
be permitted to possess a firearm;
(c) such
other statement or information in connection with the application or the
applicant as may be prescribed.
(4) A
firearm certificate shall be granted by the Connétable if he is
satisfied –
(a) that
the applicant is fit to be entrusted with a firearm and is not prohibited by
this Law from possessing a firearm to which Article 2, applies;
(b) that
he has a good reason for having in his possession, or for purchasing or
acquiring, the firearm or ammunition in respect of which the application is
made; and
(c) that
in all the circumstances the applicant can be permitted to have the firearm or
ammunition in his possession without danger to the public safety or to the
peace.
(5) A
firearm certificate may be revoked by the Connétable on any of the
following grounds –
(a) that
the Connétable has reason to believe that the holder is of intemperate
habits or unsound mind or is otherwise unfitted to be entrusted with a firearm;
(b) that
the Connétable has reason to believe that the holder can no longer be
permitted to have the firearm or ammunition in his possession without danger to
the public or to the peace;
(c) if
the Connétable is satisfied that the holder is prohibited by this Law
from possessing a firearm;
(d) if
the Connétable is satisfied that the holder no longer has a good reason
for having in his possession, or for purchasing or acquiring, the firearm or
ammunition which he is authorized by the certificate to have in his possession
or to purchase or acquire; or
(e) if
the holder fails to comply with a notice under paragraph (10).
(6) A
certificate granted under this Article shall be in the prescribed form and
shall specify the conditions subject to which it is held, the nature and number
of the firearms to which it relates including, if known, any serial number or
other identifying or distinguishing mark, and as respects ammunition to which Article
2 applies, the quantities authorized to be purchased and to be held at any one
time.
(7) A
firearm certificate shall, unless previously revoked or cancelled, continue in
force for five years from the date on which it was granted or last renewed, and
shall be renewable for a further period of five years, by the
Connétable, and so on from time to time, and the provisions of this
Article shall apply to the renewal of a certificate as they apply to the grant
of a certificate.
(8) The
States may by Regulations provide that paragraph (7) shall have effect as if
the reference to five years were references to such other period as may be
specified.
(9) Regulations
made under paragraph (8) shall apply only to certificates granted or renewed
after the date on which the Regulations come into force.
(10) The
Connétable may at any time by notice in writing vary the conditions
subject to which the certificate is held, except those specified in paragraph
(1) of Article 9, and may by notice in writing require the holder to deliver up
the certificate to him within twenty-one days of the date of the notice for the
purpose of amending the conditions specified therein.
(11) A
firearm certificate may also, on the application of the holder thereof, be
varied from time to time by the Connétable.
(12) If
any person knowingly or recklessly makes a statement false in any material
particular for the purpose of procuring, whether for himself or any other
person, the grant of a certificate under this Article, or the variation or
renewal of a firearm certificate, he shall be guilty of an offence and liable
to a fine or to imprisonment for a term not exceeding two years, or to both.
(13) For
the purposes of this Article, Articles 4 and 8 and paragraph (2) of Article 9,
“Connétable” means the Connétable of the Parish in
which an applicant for, or the holder of, a firearm certificate resides.
ARTICLE
4
Partial revocation of firearm certificates
(1) The
Connétable may partially revoke a firearm certificate, that is to say,
he may revoke the certificate in relation to any firearm or ammunition which
the holder is authorized by virtue of the certificate to have in his possession
or to purchase or acquire.
(2) A
firearm certificate may be partially revoked only if the Connétable is
satisfied that the holder no longer has a good reason for having in his
possession, or for purchasing or acquiring, the firearm or ammunition to which
the partial revocation relates.
ARTICLE
5
Revocation of certificates – supplementary
(1) Where
a firearm certificate is revoked under Article 3, the Connétable shall
by notice in writing require the holder to surrender the certificate.
(2) Where
a certificate is partially revoked under Article 4 the Connétable shall
by notice in writing require the holder to deliver up the certificate for the
purpose of amending it.
(3) If
the holder of a certificate fails to comply with a notice under paragraph (1)
or (2), within twenty-one days from the date of the notice he shall be guilty
of an offence and liable to a fine not exceeding level 3 on the standard scale.3
(4) Where
an appeal against a revocation or partial revocation is brought under Article
55 –
(a) this
Article shall not apply to that revocation or partial revocation unless the
appeal is abandoned or dismissed;
(b) it
shall apply with the substitution, for the reference to the date of the notice,
of a reference to the date on which the appeal was abandoned or dismissed.
(5) This
Article shall not apply to a revocation of a certificate on any ground
mentioned in sub-paragraphs (a) to (d) of paragraph (5) of Article 3, if the
Connétable serves a notice on the holder under Article 6 requiring him
to surrender forthwith his certificate and any firearms and ammunition in his
possession by virtue of the certificate.
ARTICLE
6
Surrender of firearms etc.
(1) Where
the Connétable has revoked a firearm certificate under Article 3, he may
by notice in writing require the holder of the certificate to surrender
forthwith the certificate and any firearms or ammunition which are in the holder’s
possession by virtue of the certificate.
(2) A
person who fails to comply with a notice under paragraph (1) shall be guilty of
an offence and liable to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding six
months, or to both.
(3) Where
a firearm or ammunition is surrendered in pursuance of a notice under paragraph
(1), then –
(a) if
an appeal against the revocation of the certificate succeeds, the firearm and
ammunition shall be returned;
(b) if
such an appeal is dismissed, the Court may make such order for its disposal or
destruction as it thinks fit;
(c) if
no such appeal is brought or such an appeal is abandoned, the firearm or
ammunition shall be disposed of in such manner as the Connétable, after
consultation with the owner, may decide.
(4) The
Connétable shall give the owner notice in writing of any decision under
sub-paragraph (c) of paragraph (3) and the owner may appeal to the Court
against that decision and on such an appeal the Court may either dismiss the
appeal or make such order as to the disposal of the firearm or ammunition as it
thinks fit.
ARTICLE
7
Certificate for prohibited weapon
(1) A
Connétable shall not refuse to grant or renew, and shall not revoke or
partially revoke, a firearm certificate in respect of a prohibited weapon or
prohibited ammunition if the applicant for, or holder of, the certificate is
for the time being authorized by the Committee under Article 33 to have
possession of, or to purchase or acquire, that weapon or ammunition.
(2) Where
an authority of the Committee under that Article to have possession of, or to
purchase or acquire, a prohibited weapon or prohibited ammunition is revoked,
the firearm certificate relating to that weapon shall be revoked, or varied
accordingly, by the Connétable by whom it was issued.
ARTICLE
8
Central Firearms Index
(1) Within
twenty-one days of the issue, revocation, partial revocation, renewal or
variation of a firearm certificate under Article 3 or 4 the Connétable
shall forward to the Chief Officer particulars of such issue, revocation,
partial revocation, renewal or variation.
(2) The
Chief Officer shall maintain an Index, to be known as the Central Firearms
Index and all particulars forwarded to him under paragraph (1) and any notice
of cancellation of a firearm certificate notified to him under sub-paragraph
(a) of paragraph (2) of Article 48 shall be included in the Index.
ARTICLE
9
Conditions subject to which a firearm certificate is held
(1) A
firearm certificate shall be held on condition that the certificate holder
shall –
(a) on
receipt of the certificate, sign it in ink with his usual signature;
(b) without
undue delay, inform the Connétable who issued the certificate and the
States of Jersey Police Force of any change in his place of residence;
(c) (i) at all times (except in the
circumstances mentioned in clause (ii)) store the firearm and ammunition to
which the certificate relates in a secure manner so as to prevent, so far as
reasonably practicable, access to the firearm or ammunition by an unauthorized
person,
(ii) take
reasonable precautions for the safe custody of the firearm and ammunition to
which the certificate relates where the firearm or ammunition is in use, or the
holder of the certificate has the firearm with him for the purpose of cleaning,
repairing or testing it, or for some other purpose connected with its use,
transfer or sale, or the firearm or ammunition is in transit to or from a place
in connection with its use or any such purpose.
(2) On
the issue of a firearm certificate, the Connétable may impose such
conditions, in addition to those applied by paragraph (1), as he may think fit.
(3) The
States may by Regulations amend paragraph (1) for the purpose of adding,
deleting or varying any condition subject to which a firearm certificate shall
be held.
ARTICLE
10
Fees for firearm certificates
(1) Subject
to paragraph (2), there shall be payable for the issue, renewal, variation and
replacement of a firearm certificate such fee as shall be prescribed.
(2) No
fee shall be payable on a variation, other than a variation which increases the
number of firearms to which a firearm certificate relates, or where a firearm
certificate is varied and renewed or replaced at the same time.
ARTICLE
11
Authorized dealing with firearms
(1) A
registered firearms dealer or his servant may, without holding a firearm
certificate, have in his possession, or purchase or acquire, a firearm or
ammunition in the ordinary course of business.
(2) Paragraph
(1) applies to the possession, purchase or acquisition of a firearm or
ammunition in the ordinary course of the business of a registered firearms
dealer notwithstanding that the firearm or ammunition is in the possession of,
or purchased or acquired by, the dealer or his servant at a place which is not
a place of business of the dealer or which he has not registered as a place of
business under Article 20 or 22.
(3) An
auctioneer, carrier or warehouseman, or his servant may, without holding a
firearm certificate, have in his possession a firearm or ammunition in the
ordinary course of business.
(4) A
person licensed under Article 4 of the Slaughter of Animals (Jersey) Law 1962, may, without holding a firearm certificate, have in
his possession a slaughtering instrument and suitable ammunition.
ARTICLE
12
Equipment for ships and aircraft
(1) Any
person may, without holding a firearm certificate –
(a) have
in his possession a firearm or ammunition on board a ship, or a signalling
apparatus or ammunition on board an aircraft or at an aerodrome, as part of the
equipment of the ship, aircraft or aerodrome;
(b) remove
a signalling apparatus or ammunition, being part of the equipment of an
aircraft, from one aircraft to another at an aerodrome, or from or to an
aircraft at an aerodrome to or from a place appointed for storage in safe
custody at that aerodrome, and keep the apparatus or ammunition at that place;
(c) remove
a firearm from or to a ship, or a signalling apparatus from or to an aircraft
or aerodrome, to or from such place in accordance with the terms of a permit in
the prescribed form issued to him by the Harbour Master or Airport Director, as
the case may be, who shall notify the Chief Officer and the Connétable
of the Parish in which the ship or aircraft has entered, of the issue of the
permit.
(2) A
person who knowingly or recklessly makes any false statement in connection with
the issue of a permit under sub-paragraph (c) of paragraph (1) shall be guilty
of an offence and liable to a fine or to imprisonment for a term not exceeding
two years, or to both.
ARTICLE
13
Police and Crown servants, etc.
(1) A
–
(a) person
in the service of the Crown, a police officer or a customs officer; or
(b) serving
member of a pre-service uniformed cadet force approved by the Committee,
may, without holding a firearm certificate, possess firearms and
ammunition whilst acting in the course of his duties or training activities.
(2) A
person in the service of the Crown, a police officer or a customs officer may,
without holding a firearm certificate, purchase or acquire firearms or
ammunition for the use of the public service if he is authorized in writing so
to do by the Committee.
ARTICLE
14
Sports, athletics and other approved activities
(1) A
person may, without holding a firearm certificate, have in his possession for
sporting purposes only, a firearm or ammunition belonging to a certificate
holder –
(a) if
the firearm or ammunition is for the use of the certificate holder; and
(b) whilst
in the presence of and acting under instructions of the certificate holder.
(2) A
–
(a) member
of a shooting club may, without holding a firearm certificate –
(i) have
in his possession a firearm, or
(ii) purchase
and have in possession ammunition for use in that firearm,
while engaged as such a member in, or in connection with, target
shooting;
(b) person
who is a bona fide guest of a member of a shooting club may, without holding a
firearm certificate have a firearm and ammunition in his possession while
engaged in or in connection with target shooting at a range which is being used
by that club and while he is in the presence and under the supervision of the
member of the club whose guest he is; and
(c) person
who is neither a member nor a bona fide guest of a member of a shooting club
may, on an authorized open day and while under the supervision of a member of
such a club, have in his possession without holding a firearm certificate a
firearm and ammunition while engaged in or in connection with target shooting
at a range which is being used by that club.
(3) In
sub-paragraph (c) of paragraph (2) “authorized open day” means a
day on which a shooting club has, with the prior written authority of the
Committee, invited members of the public to engage in target shooting.
(4) A
person may, at a miniature rifle range or shooting gallery at which no firearms
are used, other than air weapons or miniature rifles not exceeding .23 inch
calibre, without holding a firearm certificate use any such miniature rifle and
suitable ammunition.
(5) A
person may, without holding a firearm certificate, have a firearm in his
possession at an athletic meeting for the purpose of starting races at that
meeting.
(6) A
person who is not the holder of a firearm certificate may borrow a shot gun
from the occupier of private premises and use it on those premises in the
presence and under the supervision of either the occupier or a servant of the
occupier if –
(a) the
occupier or servant in whose presence it is used holds a firearm certificate in
respect of that shot gun; and
(b) the
borrower’s possession and use of it complies with any conditions as to
those matters specified in the certificate.
(7) A
person taking part in a theatrical performance may, without holding a firearm
certificate, have a firearm in his possession during and for the purpose of the
performance.
(8) The
holder of a permit issued by the Committee in the prescribed form may, without
holding a firearm certificate, have in his possession a firearm or ammunition
in accordance with the terms of the permit and the Committee shall, where the
person issued with the permit is a resident of the Island, notify the
Connétable of the parish in which that person resides.
(9) A
person who knowingly or recklessly makes any false statement in connection with
the issue of a permit under paragraph (8) shall be guilty of an offence and
liable to a fine or to imprisonment for a term not exceeding two years, or to
both.
ARTICLE
15
Approval of shooting clubs
(1) A
shooting club shall apply in the prescribed form to the Committee for approval
as –
(a) a
pistol club;
(b) a
shot gun club;
(c) a
rifle club;
(d) a
miniature rifle club; or
(e) any
combination of the foregoing.
(2) An
approval shall be in the prescribed form and –
(a) may
be granted subject to such conditions specified in it as the Committee thinks
fit;
(b) may
at any time be varied or withdrawn by the Committee; and
(c) shall
(unless withdrawn) continue in force for six years from the date on which it is
granted or last renewed.
(3) There
shall be payable on the grant or renewal of an approval such fee as may be
prescribed.
(4) A
police officer authorized in writing in that behalf by the Chief Officer may on
producing, if required, his authority enter any premises occupied or used by a
shooting club and inspect those premises, and anything on them, for the
purposes of ascertaining whether the provisions of this Article, and any
limitations or conditions on the approval, are being complied with.
(5) The
power of a police officer under paragraph (4) to inspect anything on club
premises shall include power to require any information which is kept by means
of a computer and is accessible from the premises to be made available for
inspection in a visible and legible form.
(6) Any
person who intentionally obstructs a police officer in the exercise of his
powers under paragraph (4) shall be guilty of an offence and liable to a fine
not exceeding level 3 on the standard scale.
(7) Any
person who knowingly or recklessly makes a statement false in any material
particular for the purpose of procuring an approval under this Article, or the
variation or renewal of any such approval, shall be guilty of an offence and
liable to a fine or to imprisonment for a term not exceeding two years, or to
both.
ARTICLE
16
Appeals by shooting clubs
(1) Any
shooting club, or any officer on behalf of such a club may appeal to the Court
against –
(a) the
refusal to approve the club under paragraph (1) of Article 15;
(b) the
imposition of any conditions under sub-paragraph (a) of paragraph (2) of
Article 15; or
(c) the
variation or withdrawal of an approval under sub-paragraph (b) of paragraph (2)
of Article 15,
within twenty-eight days after the day on which notification is
received of the refusal, condition, variation or withdrawal as the case may be.
(2) Paragraphs
(2) and (3) of Article 55 shall apply mutatis
mutandis to appeals under this Article.
ARTICLE
17
Powers of police to examine firearms
(1) A
police officer may require any person whom he has reasonable cause to suspect
–
(a) of
having –
(i) a
firearm with or without ammunition, or
(ii) ammunition,
with him in a public place; or
(b) to
be committing or about to commit, elsewhere than in a public place, an offence
relevant for the purposes of this Article,
to hand over the firearm or any ammunition for examination by the
police officer.
(2) A
person having a firearm or ammunition with him who fails to hand it over when
required to do so by a police officer under paragraph (1) shall be guilty of an
offence and liable to a fine or to imprisonment for a term not exceeding six
months, or to both.
(3) For
the purpose of exercising the powers conferred by this Article a police officer
may enter any place.
(4) The
offences relevant for the purpose of this Article are those under Articles 40
and 42.
ARTICLE
18
Production of proof of certification
(1) A
police officer may demand from any person whom he believes to be in possession
of a firearm or ammunition to which Article 2 applies, the production of proof
that he is a certificate holder.
(2) If
any person upon whom a demand is made under this Article fails to produce proof
that he is a certificate holder, or to permit the officer to read it, or to
show that he is entitled by virtue of this Law to have the firearm or
ammunition in his possession without holding a firearm certificate, the officer
may seize and detain the firearm or ammunition and may require that person to
declare to him immediately his name and address.
(3) If
any person, having been required to declare his name and address under this
Article, refuses to do so or fails to give his true name and address, he shall
be guilty of an offence and liable to a fine not exceeding level 2 on the
standard scale, and the officer may detain any
person who refuses so to declare his name or address, or whom he suspects of
giving a false name or address or of intending to abscond.
(4) For
the purposes of this Article, proof that a person is a certificate holder shall
be provided by production of the certificate itself or such other evidence as
may be prescribed.
PART III
MANUFACTURE AND DEALING IN
FIREARMS: REGISTRATION OF FIREARMS DEALERS
ARTICLE
19
Manufacturing and dealing in firearms and ammunition
(1) Subject
to paragraph (2), any person other than a registered firearms dealer who, by
way of trade or business –
(a) manufactures,
sells, transfers, repairs, modifies, tests or proves; or
(b) exposes
for sale or transfer, or has in his possession for sale, transfer, repair,
modification, test or proof, any firearm or ammunition to which Article 2
applies shall be guilty of an offence and liable to a fine or to imprisonment
for a term not exceeding five years, or to both.
(2) It
is not an offence for an auctioneer to sell, expose for sale and have in his
possession for sale by auction any firearm or ammunition if he does so in
accordance with the terms of a permit in the prescribed form, issued to him by
the Committee.
(3) Any
person who knowingly or recklessly makes any false statement in connection with
the issue of a permit under paragraph (2) shall be guilty of an offence and
liable to a fine or to imprisonment for a term not exceeding two years, or to
both.
ARTICLE
20
Registration of firearms dealers
(1) Any
person having or proposing to have a place of business in the Island as a
firearms dealer shall apply to the Committee to be registered.
(2) For
the purposes of this Law, the Committee shall keep a register, to be called the
Register of Firearms Dealers and, subject to paragraph (3), shall enter in the
register the name of an applicant who supplies the prescribed particulars and
pays the prescribed fee.
(3) The
Committee –
(a) shall
not register an applicant who is –
(i) less
than twenty years of age on the date of his application, or
(ii) prohibited
from being registered by order of a court made under Article 25; and
(b) may,
after consultation with the Connétable of the Parish in which the
applicant resides, refuse to register the applicant, if satisfied that to
permit him to carry on business as a firearms dealer would be contrary to the
public interest.
(4) The
Committee may at any time impose conditions subject to which the registration
of a person as a firearms dealer is to have effect and may at any time, of its
own motion or on the application of the dealer, vary or revoke any such
condition.
(5) The
Committee shall specify the conditions for the time being in force under this
Article in the certificate of registration granted to the firearms dealer and,
where any such condition is imposed, varied or revoked during the currency of
the certificate of registration, the Committee –
(a) shall
give to the dealer, notice in writing of the condition or variation (giving
particulars) or of the revocation, as the case may be; and
(b) may
by that notice require the dealer to deliver up to the Committee his
certificate of registration within twenty-one days from the date of the notice,
for the purpose of amending the certificate.
(6) The
Committee shall remove from the register the name of any person –
(a) at
the request of that person; or
(b) if
satisfied, after giving reasonable notice to that person that –
(i) he
is no longer carrying on business as a firearms dealer, or
(ii) to
permit him to carry on business as a firearms dealer would be contrary to the
public interest.
(7) A
person who knowingly or recklessly makes any false statement in connection with
–
(a) registration
under this Article; or
(b) the
entry of any place of business in the register,
shall be guilty of an offence and liable to a fine or to
imprisonment for a term not exceeding six months, or to both.
ARTICLE
21
Certificates of registration
(1) The
Committee shall grant to every registered firearms dealer a certificate of
registration.
(2) On
or before the expiration of a period of three years from the grant of the
certificate of registration held by him, every person for the time being
registered firearms dealer shall –
(a) surrender
his certificate of registration to the Committee;
(b) apply
in the prescribed form for a new certificate of registration; and
(c) pay
the prescribed fee,
and thereupon the Committee shall, subject to paragraph (3) of
Article 20, issue a new certificate of registration.
(3) If
a person for the time being registered as a firearms dealer fails to comply
with any of the requirements of paragraph (2), the Committee shall by notice in
writing require him to comply with that requirement and, if he fails to do so
within twenty-one days from the date of the notice, or within such further time
as the Committee may in special circumstances allow, shall remove his name from
the register.
(4) Where
the Committee removes the name of any firearms dealer from the register, it
shall by notice in writing require him to surrender his certificate of
registration, and the Register of Transactions kept by him under Article 24,
and if he fails to do so within twenty-one days from the date of the notice
then, subject to paragraph (5), he shall be guilty of an offence and liable to
a fine not exceeding level 2 on the standard scale.
(5) Where
an appeal against the removal is brought under Article 55, paragraph (4) shall
not apply to the removal unless the appeal is abandoned or dismissed, and shall
in that case have effect as if for the reference to the date of the notice
there were substituted a reference to the date on which the appeal was abandoned
or dismissed.
ARTICLE
22
Registration of places of business of firearms dealers
(1) The
prescribed particulars referred to in paragraph (2) of Article 20 shall include
particulars of every place of business at which the applicant proposes to carry
on business as a firearms dealer in the Island and the Committee shall, subject
to this Article, enter in the register every such place.
(2) Every
registered firearms dealer, who proposes to carry on business at any place of
business in the Island which is not entered in the register, shall notify the
Committee and furnish it with such particulars as may be prescribed and the
Committee shall, subject to this Article, enter that place of business in the
register.
(3) If
the Committee is satisfied that any place of business notified under paragraph
(1) or (2) or any place of business entered in the register, is a place at
which that person cannot be permitted to carry on his business as a firearms
dealer without danger to the public safety or to the peace, the Committee may
refuse to enter that place in the register, or remove it from the register, as
the case may be.
(4) Any
registered firearms dealer who has a place of business which is not entered in
the register and carries on business there as a firearms dealer shall be guilty
of an offence and liable to a fine or to imprisonment for a term not exceeding
six months, or to both.
ARTICLE
23
Restrictions on sale, repair, etc. of firearms and ammunition
(1) Subject
to paragraph (2), no person shall sell or transfer to any other person in the
Island, other than a registered firearms dealer, any firearm or ammunition to
which Article 2 applies unless that other person produces a firearm certificate
authorizing him to purchase or acquire it, or shows that he is by virtue of
this Law entitled to purchase or acquire it without holding a firearm
certificate.
(2) Paragraph
(1) shall not prevent –
(a) a
person from parting with possession of a firearm or ammunition, otherwise than
in pursuance of a contract of sale or hire or by way of gift or loan, to a
person who shows that he is by virtue of this Law entitled to have possession
of the firearm or ammunition without holding a firearm certificate; or
(b) the
delivery of a firearm or ammunition by a carrier or warehouseman, or a servant
of a carrier or warehouseman, in the ordinary course of his business or
employment.
(3) No
person shall repair, test or prove a firearm or ammunition to which Article 2
applies for any other person in the Island, other than a registered firearms dealer,
unless that other person is a certificate holder and produces his firearm
certificate or shows that he is entitled under this Law to have possession of
the firearm or ammunition without holding a firearm certificate.
(4) Any
person who –
(a) contravenes
or fails to comply with this Article; or
(b) with
a view to purchasing or acquiring, or procuring the repair, test or proof of, a
firearm or ammunition to which Article 2 applies –
(i) produces
a false firearm certificate or a firearm certificate in which any false entry
appears,
(ii) impersonates
a certificate holder, or
(iii) knowingly
or recklessly makes any false statement,
shall be guilty of an offence and liable to a fine or to
imprisonment for a term not exceeding three years, or to both.
ARTICLE
24
Register of Transactions in Firearms
(1) For
the purposes of this Article, “register” means the Register of
Transactions in Firearms required to be kept by paragraph (2).
(2) Every
registered firearms dealer shall keep a Register of Transactions in Firearms.
(3) The
register shall be in such form and shall contain such particulars as shall be
prescribed.
(4) Every
entry in the register shall be made within twenty-four hours of the transaction
to which it relates, and, in the case of a sale or transfer, the registered
firearms dealer shall at the time of the transaction require the purchaser or
transferee to furnish particulars sufficient for identification, and shall
enter those particulars in the register forthwith.
(5) Unless
required to surrender it under paragraph (4) of Article 21, a registered
firearms dealer shall retain the register for a period of ten years after the
date of the last entry in the register.
(6) Every
registered firearms dealer shall, on demand by a person authorized in writing by
the Committee for the purpose and on production by that person of evidence of
his authority, allow that person at all reasonable times to inspect the
register and all stock-in-hand and to enter any premises or place on which the
register or stock is kept.
(7) A
registered firearms dealer who keeps the register by means of a computer shall
secure that the information comprised in the register can readily be produced
in a form in which it is visible and legible and can be taken away.
(8) Any
registered firearms dealer who –
(a) fails
to comply with this Article; or
(b) knowingly
makes any false entry in the register,
shall be guilty of an offence and liable to a fine or to
imprisonment for a term not exceeding six months, or to both.
(9) Nothing
in this Article shall apply to the sale of firearms or ammunition by auction in
accordance with the terms of a permit issued under paragraph (2) of Article 19.
ARTICLE
25
Powers of court in case of offences by registered firearms dealers
(1) Where
a registered firearms dealer is convicted of an offence under this Law or of an
offence in respect of the import or export of firearms or ammunition to which
Article 2 applies, the court may order that –
(a) his
name be removed from the register;
(b) neither
he nor any person who acquires his business, nor any person who took part in
the management of the business and was knowingly a party to the offence, shall
be registered as a firearms dealer;
(c) any
person who, after the date of the order knowingly employs in his business the
convicted dealer, or any person who was knowingly a party to the offence, shall
not be registered as a firearms dealer or, if so registered, shall be liable to
be removed from the register; and
(d) any
stock-in-hand of the business shall be disposed of by sale or otherwise in
accordance with such directions as may be contained in the order.
(2) A
person aggrieved by an order made under paragraph (1) may appeal against the
order in the same manner as against the conviction, and the court may, if it
thinks fit, suspend the operation of the order pending the appeal.
ARTICLE
26
Penalty for taking in pawn firearms or ammunition
Any pawnbroker who takes in pawn from any person, any firearms or
ammunition to which Article 2 applies shall be guilty of an offence and liable
to a fine or to imprisonment for a term not exceeding six months, or to both.
PART IV
TRANSFERS
ETC. OF FIREARMS
ARTICLE
27
Transfer of firearms etc.
(1) This
Article applies where a firearm or ammunition to which Article 2 applies is sold,
let on hire or given, or, subject to paragraph (4), lent by any person to
another person who is neither a registered firearms dealer nor a person who is
entitled to purchase or acquire the firearm or ammunition without holding a
firearm certificate or a visitor’s permit.
(2) Where
a transfer to which this Article applies takes place –
(a) the
transferee must produce to the transferor the certificate or permit entitling
him to purchase or acquire the firearm or ammunition being transferred;
(b) the
transferor must comply with any instructions contained in the certificate or
permit produced by the transferee.
(3) A
failure by the transferor or transferee to comply with paragraph (2) shall be
an offence.
(4) Paragraph
(1) does not apply where a shot gun is lent for a period of not more than
twenty-four hours.
ARTICLE
28
Notification of transfers involving firearms
(1) This
Article applies where any firearm to which Article 2 applies is sold, let on
hire, lent or given.
(2) Any
party to a transfer to which this Article applies who is the holder of a
firearm certificate or, as the case may be, a visitor’s permit which
relates to the firearm in question shall within seventy-two hours of the
transfer give notice to the Connétable who granted his certificate and to
the States of Jersey Police Force, or in the case of a visitor’s permit,
to the Chief Officer.
(3) A
notice required by paragraph (2) above shall –
(a) contain
a description of the firearm in question (giving its identification number if
any); and
(b) state
the nature of the transaction and the name and address of the other party.
(4) A
failure by a party to a transaction to which this Article applies to give the
notice required by this Article shall be an offence.
ARTICLE
29
Notification of de-activation, destruction or loss of firearms etc.
(1) Where–
(a) a
firearm to which a firearm certificate relates; or
(b) a
firearm to which a visitor’s permit relates,
is de-activated, destroyed or lost (whether by theft or otherwise)
the certificate or permit holder who was last in possession of the firearm
before that event shall within seven days of that event give notice of it to
the Connétable who granted the certificate and to the States of Jersey
Police Force or, in the case of a visitor’s permit, to the Chief Officer.
(2) Where
any ammunition to which Article 2 applies, and a firearm certificate or a
visitor’s permit relates, is lost (whether by theft or otherwise), the
certificate or permit holder who was last in possession of the ammunition before
that event shall within seven days of the loss give notice of it to the
Connétable who granted the certificate, and to the States of Jersey
Police Force, or, in the case of a visitor’s permit, to the Chief
Officer.
(3) A
notice required by this Article shall –
(a) describe
the firearm or ammunition in question (giving the identification number of the
firearm if any);
(b) state
the nature of the event.
(4) A
failure, without reasonable excuse, to give a notice required by this Article
shall be an offence.
(5) For
the purposes of this Article and Article 30 a firearm is de-activated if it
would, by virtue of Article 51 be presumed to be rendered incapable of
discharging any shot, bullet or other missile.
ARTICLE
30
Notification of events taking place outside the Island involving
firearms etc.
(1) Where,
outside the Island, any firearm is sold or otherwise disposed of by a
transferor whose acquisition or purchase of the firearm was authorized by a
firearm certificate, the transferor shall within fourteen days of the disposal
give notice of it to the Connétable who granted his certificate and to
the States of Jersey Police Force.
(2) A
failure, without reasonable excuse, to give a notice required by paragraph (1)
shall be an offence.
(3) Where,
outside the Island –
(a) a
firearm to which a firearm certificate relates is de-activated, destroyed or
lost (whether by theft or otherwise); or
(b) any
ammunition to which Article 2 applies, and a firearm certificate relates, is
lost (whether by theft or otherwise),
the certificate holder who was last in possession of the firearm or
ammunition before that event shall within fourteen days of the event give
notice of it to the Connétable who granted the certificate and to the
States of Jersey Police Force.
(4) A
failure, without reasonable excuse, to give a notice required by paragraph (3)
shall be an offence.
(5) A
notice required by this Article shall –
(a) contain
a description of the firearm or ammunition in question (including any
identification number); and
(b) state
the nature of the event and, in the case of a disposal, the name and address of
the other party.
(6) A
notice required by this Article shall be given within fourteen days of the
disposal or other event, and, if sent from a place outside the Island, shall be
sent in such manner as most closely corresponds to the use of the registered
post or recorded delivery service.
ARTICLE
31
Penalty for offences under Articles 27 to 30
An offence under Article 27, 28, 29 or 30 shall be punishable by a
fine or imprisonment for a term not exceeding five years, or both.
PART V
UNLAWFUL, PROHIBITED AND OFFENSIVE
WEAPONS: PUBLIC SAFETY, PREVENTION OF CRIME AND LAW ENFORCEMENT
ARTICLE
32
Possession of unlawful weapons
(1) Subject
to paragraph (2), any person who is at any time in possession of –
(a) an
unlawful weapon;
(b) any
part of an unlawful weapon;
(c) any
part specially intended or adapted for use as part of an unlawful weapon; or
(d) any
ammunition for an unlawful weapon,
shall before the expiry of one month after the date of an Order of
the Committee under clause (ii) of sub-paragraph (a) of paragraph (2) of
Article 57 declaring the weapon to be an unlawful weapon cause the weapon to be
destroyed or exported from the Island, or delivered to a police officer.
(2) The
Committee may, after consultation with the Connétable of the Parish in
which the person resides, by licence in writing authorize any person in any
special case and for any special reason to have in his possession, for such
period as shall be specified in the licence, any –
(a) unlawful
weapon;
(b) part
or parts of an unlawful weapon;
(c) ammunition
for an unlawful weapon,
subject to such conditions as the Committee may impose.
(3) Any
person who is in possession of any weapon or parts or ammunition contrary to this
Article or who fails to comply with any condition imposed under paragraph (2)
shall be guilty of an offence and liable to a fine or to imprisonment for a
term not exceeding three years, or to both.
(4) The
Committee shall forward a copy of a licence issued under this Article to the
Connétable of the Parish in which the licence holder resides.
ARTICLE
33
Prohibited weapons and ammunition
(1) Subject
to paragraph (2), no person shall without the authority of the Committee (which
shall consult the Connétable of the Parish in which the person resides
before granting such authority), manufacture, sell, transfer, purchase,
acquire, or have in his possession any –
(a) firearm
which is so designed or adapted that two or more missiles can be successively
discharged without repeated pressure on the trigger;
(b) weapon
of whatever description designed or adapted for the discharge of any noxious
liquid, gas or other thing or for inflicting electric shock;
(c) cartridge
with a bullet designed to explode on or immediately before impact, any
ammunition containing or designed or adapted to contain any such noxious thing
as is mentioned in sub-paragraph (b) and, if capable of being used with a
firearm of any description, any grenade, bomb (or other like missile), rocket or
shell designed to explode as aforesaid;
(d) shot
gun ammunition containing less than five pellets larger than .23 of an inch in
diameter;
(e) smooth-bore
revolver gun other than one which is chambered for 9mm. rim-fire cartridges or
loaded at the muzzle end of each chamber;
(f) rocket
launcher or mortar for projecting a stabilized missile, other than a mortar
designed for line throwing or pyrotechnic purposes or as signalling apparatus;
or
(g) firearm
or ammunition declared by the Committee under clause (iii) of sub-paragraph (a)
of paragraph (2) of Article 57 to be prohibited for the purposes of this
Article.
(2) A
person in the service of the Crown, a police officer or a customs officer may
purchase, acquire or have in his possession any –
(a) firearm;
(b) weapon;
(c) ammunition,
of the type referred to in paragraph (1) whilst acting in the
course of his duties.
(3) Any
person who contravenes paragraph (1) shall be guilty of an offence and liable
to a fine or to imprisonment for a term not exceeding five years, or to both.
(4) Where
the Committee is satisfied, on the application of a person in charge of a
theatrical performance, that a prohibited weapon is required for the
performance, it may authorize him to have possession of the prohibited weapon
and may authorize such other persons as he may select to have possession while
taking part in the performance.
(5) An
authority under paragraph (4) shall be in writing and may specify conditions to
be complied with, including such conditions as the Committee, having regard to
the circumstances of each case thinks fit to impose.
(6) A
person authorized under paragraph (4) who fails to comply with any conditions
specified under paragraph (5) shall be guilty of an offence and liable to a
fine or to imprisonment for a term not exceeding three months, or to both.
(7) The
Committee may revoke an authority given under this Article by notice in
writing.
(8) A
notice under paragraph (7) shall require the surrender of the authority in
accordance with the terms of the notice.
(9) Any
person who fails to comply with the terms of a notice issued under paragraph
(7) shall be guilty of an offence and liable to a fine not exceeding level 2 on
the standard scale.
ARTICLE
34
Power to prohibit removals of firearms and ammunition
(1) The
Committee may, if it considers it necessary in the interests of public safety,
by Order prohibit the removal of any firearms or ammunition –
(a) from
one place to another in the Island; or
(b) for export from the Island,
unless the removal is authorized by a person specified in the Order
and unless such other conditions as may be specified in the Order are complied
with.
(2) An
Order under paragraph (1) may apply –
(a) generally
to all removals, or to removals from and to any localities specified in the Order;
(b) to
all firearms and ammunition or to firearms and ammunition of such class and
description as may be specified; or
(c) to
all modes of conveyance or to such modes of conveyance as may be specified.
(3) No
Order under paragraph (1) shall prohibit a certificate holder from carrying
with him any firearm or ammunition authorized by the firearm certificate to be
carried.
(4) Any
police officer may search for and seize any firearms or ammunition which he has
reason to believe are being removed or to have been removed in contravention of
any Order made under paragraph (1), and any person having the control or
custody of any firearms or ammunition in course of transit shall, on demand by
a police officer, allow him all reasonable facilities for their examination and
inspection, and shall produce to him any documents in his possession relating
to them.
(5) Any
person who –
(a) contravenes
an Order made under paragraph (1); or
(b) fails
to comply with a demand made under paragraph (4),
shall be guilty of an offence and liable to a fine or to
imprisonment for a term not exceeding three months, or to both, for each
firearm or parcel of ammunition in respect of which the offence is committed;
and if the offender is the owner of the firearms or ammunition, the court
before which he is convicted may make such order as it thinks fit as to the
forfeiture of the firearms or ammunition.
ARTICLE
35
Purchase and possession of firearms by young persons
(1) No
person under the age of fourteen years shall have in his possession any firearm
or ammunition to which Article 2 applies except in circumstances permitted by
paragraph (1) of Article 13 or paragraph (2), (4) or (6) of Article 14.
(2) No
person shall part with possession of a firearm or ammunition to which Article 2
applies to a person whom he knows or has reason to believe to be under the age
of fourteen years except in circumstances permitted by paragraph (1) of Article
13, or paragraph (2), (4) or (6) of Article 14.
(3) No
person shall make a gift of or lend any firearm or ammunition to which Article
2 applies to a person whom he knows or has reason to believe to be under the
age of fourteen years.
(4) No
person under the age of seventeen years shall –
(a) purchase
or hire any firearm; or
(b) purchase
any ammunition except in the circumstances permitted by paragraph (2) of
Article 14.
(5) No
person shall –
(a) sell
or let on hire any firearm to a person under the age of seventeen years; or
(b) sell
any ammunition to a person under that age, other than a person who, by virtue
of paragraph (2) of Article 14, is permitted to purchase and be in possession
of that ammunition.
(6) Any
person who contravenes this Article shall be guilty of an offence and liable to
a fine or to imprisonment for a term not exceeding three months, or to both.
(7) In
proceedings for an offence under paragraph (5) it shall be a defence to prove
that the person charged did not know and had no reasonable cause to believe
that the person to whom he sold or let on hire the firearm or ammunition was a
person under the age of seventeen years.
ARTICLE
36
Supply of firearms to persons drunk or of unsound mind
Any person who –
(a) sells
or transfers any firearm or ammunition to; or
(b) repairs,
proves or tests any firearm or ammunition for,
any person whom he knows or has reason to believe to be drunk or of
unsound mind, shall be guilty of an offence and liable to a fine or to
imprisonment for a term not exceeding three months, or to both.
ARTICLE
37
Possession of firearms by persons previously convicted of crime
(1) A
person sentenced to imprisonment or detention, whether in the Island, or
elsewhere in the British Islands or (subject to paragraph (5)) in any place
outside the British Islands, for a term of three years or more shall not at any
time have a firearm or ammunition in his possession.
(2) A
person sentenced to imprisonment or detention, whether in the Island or
elsewhere in the British Islands, or (subject to paragraph (5)) in any place
outside the British Islands, for a term of three months or more but less than
three years shall not, at any time before the expiry of a period of five years
from expiration of his sentence, have a firearm or ammunition in his
possession.
(3) A
person prohibited from possessing any firearm or ammunition –
(a) by
paragraph (1), may apply to the Court for the removal of the prohibition once
during each fifth year from the date of prohibition; or
(b) by
paragraph (2), may apply to the Court for the removal of the prohibition,
and if the application is granted this Article shall cease to apply
to him.
(4) In
this Article “imprisonment or detention” includes imprisonment,
detention in a young offenders’ centre, detention in a young offender
institution or detention imposed under Article 12 or 13, or a sentence of borstal
training passed under Article 16, of the Children (Jersey) Law 1969 (prior to
the repeal of those Articles by the Criminal Justice (Young Offenders) (Jersey) Law 1994) and
where the sentence was imposed in a place outside the Island, it includes any
sentence which is equivalent to any of the aforementioned types of sentence.
(5) Paragraphs
(1) and (2) shall only have effect in relation to a person sentenced to
imprisonment in a place outside the British Islands if –
(a) the
conduct amounting to the offence for which that person was so sentenced would
have constituted an offence if it had occurred in the Island;
(b) that
offence was committed after the commencement of this Law; and
(c) at
the time when that sentence was imposed arrangements were in existence, between
the Island and the place were that sentence was imposed, for the surrender of
fugitive criminals.
(6) No
person shall –
(a) sell
or transfer a firearm or ammunition to; or
(b) repair,
test or prove a firearm or ammunition for,
any person whom he knows or has reason to believe, to be prohibited
by this Article from having a firearm or ammunition in his possession.
(7) Any
person who contravenes or fails to comply with this Article shall be guilty of
an offence and liable to a fine or to imprisonment for a term not exceeding
five years, or to both.
ARTICLE
38
Possession of firearms with intent to injure
Any person who has in his possession any firearm or ammunition with
intent to endanger life or cause serious injury to property, or to enable any
other person to endanger life or cause injury to property, shall be guilty of
an offence and, whether any injury to person or property has been caused or
not, liable to a fine or to imprisonment for life.
ARTICLE
39
Use of firearms to resist arrest, etc.
(1) Any
person who makes or attempts to make any use of a firearm or imitation firearm
with intent to resist or prevent the lawful arrest of himself or any other
person, shall be guilty of an offence and liable to a fine or to imprisonment
for life.
(2) Where
a person commits an offence under this Article in respect of the lawful arrest
of himself for any other offence committed by him, he is liable to the penalty
provided by this Article in addition to any penalty to which he may be
sentenced for that other offence.
(3) For
the purposes of this Article, the definition of “firearm” in
paragraph (1) of Article 1 shall apply without sub-paragraphs (b) and (c) of
that definition and “imitation firearm” shall be construed
accordingly.
ARTICLE
40
Carrying firearm with criminal intent
(1) Any
person who has with him any firearm or imitation firearm with intent to –
(a) commit
an offence;
(b) resist
arrest; or
(c) prevent
the arrest of another,
shall be guilty of an offence and liable to a fine or to
imprisonment for a term not exceeding fourteen years.
(2) In
all proceedings under this Article, proof that the accused had a firearm or
imitation firearm with him, and intended to commit an offence, resist or
prevent arrest or intimidate another, shall be evidence that he intended to
have it with him while doing so.
ARTICLE
41
Carrying firearm in a public place
Any person who, without lawful authority or reasonable excuse (the
proof of which shall lie on him) has with him in a public place a loaded shot
gun or air weapon, or any other firearm (whether loaded or not) together with
ammunition suitable for use in that firearm, shall be guilty of an offence and
liable to a fine or to imprisonment for a term not exceeding five years, or to
both, or, in the case of an air weapon, to a fine or to imprisonment for a term
not exceeding six months, or to both.
ARTICLE
42
Trespassing with firearm
(1) Any
person who, while having a firearm or imitation firearm with him, enters or
attempts to enter or is in any building or part of a building as a trespasser
and without reasonable excuse (the proof of which shall lie on him) shall be
guilty of an offence and liable to a fine or to imprisonment for a term not
exceeding five years, or to both, or in the case of an air weapon, to a fine or
to imprisonment for a term not exceeding six months, or to both.
(2) Any
person who, while he has a firearm or imitation firearm with him, enters or
attempts to enter or is on any land as a trespasser and without reasonable
excuse (the proof of which shall lie on him) shall be guilty of an offence and
liable to a fine or to imprisonment for a term not exceeding three months, or
to both.
(3) In
paragraph (2) “land” includes land covered with water.
ARTICLE
43
Prohibition on the carrying of offensive weapons without lawful
authority or reasonable excuse
(1) Any
person who without lawful authority or reasonable excuse (the proof of which
shall lie on him) has with him in any public place any offensive weapon, shall
be guilty of an offence and liable to a fine or to imprisonment for a term not
exceeding two years, or to both.
(2) Where
any person is convicted of an offence under paragraph (1) the court may make an
order for the forfeiture or disposal of any weapon in respect of which the
offence was committed.
(3) In
this Article “offensive weapon” means any article made or adapted
for use for causing injury to the person, or intended by the person having it
with him for such use by him.
ARTICLE
44
Discharging firearm or imitation firearm in a reckless, dangerous
or careless manner
Any person who, without lawful authority or reasonable excuse (the
proof of which shall lie on him), discharges any firearm or imitation firearm
in any place –
(a) recklessly;
(b) in
a manner which is dangerous to the public having regard to all the
circumstances of the case; or
(c) carelessly,
shall be guilty of an offence and liable, in the case of an offence
–
(i) contrary
to sub-paragraph (a) or (b), to a fine or to imprisonment for a term not
exceeding five years, or to both, or in the case of an air weapon to a fine or
to imprisonment for a term not exceeding six months, or to both, or
(ii) contrary
to sub-paragraph (c), to a fine or to imprisonment for a term not exceeding two
years, or to both, or in the case of an air weapon to a fine not exceeding
level 2 on the standard scale or to
imprisonment for a term not exceeding three months, or to both.
ARTICLE
45
Restriction on hunting any animal or bird
Any person who hunts any animal or bird with any firearm on Sunday,
Good Friday or Christmas Day or between sunset and sunrise on any other day,
shall be guilty of an offence and liable to a fine not exceeding level 2 on the
standard scale.
ARTICLE
46
Restriction on sale of ammunition for shot guns
(1) This
Article applies to ammunition to which Article 2 does not apply and which is
capable of being used in a shot gun.
(2) It
shall be an offence for a person to sell such ammunition to any other person
other than a registered firearms dealer unless that other person –
(a) produces
a firearm certificate, or proof that he is a certificate holder;
(b) shows
that he is by virtue of this Law entitled to have possession of a firearm
without being a certificate holder; or
(c) produces
a certificate authorizing another person to possess a firearm, or proof that
such person is a certificate holder, together with that person’s written
authority to purchase the ammunition on his behalf.
(3) A
person guilty of an offence under this Article shall be liable to a fine not
exceeding level 4 on the standard scale12 or to imprisonment for a term not
exceeding six months, or to both.
ARTICLE
47
Shortening shot guns and conversion of weapons
(1) Subject
to this Article, any person who shortens the barrel of a shot gun to a length
less than twenty-four inches shall be guilty of an offence.
(2) It
is not an offence under paragraph (1) for a registered firearms dealer to
shorten the barrel of a shot gun to less than twenty-four inches or to possess
such a shot gun for the sole purpose, (the proof of which shall lie on him), of
replacing a defective part of the barrel in order to produce a barrel not less
than twenty-four inches in length.
(3) Any
person, other than a registered firearms dealer, who converts into a firearm
anything which, though having the appearance of being a firearm, is so
constructed as to be incapable of discharging any missile through its barrel,
shall be guilty of an offence.
(4) A
person who is guilty of an offence against paragraph (1) or (3) of this Article
shall be liable to a fine or to imprisonment for a term not exceeding seven
years, or to both.
(5) A
person who is guilty of an offence under Article 2 by having in his possession,
or purchasing or acquiring, a shot gun which has been shortened contrary to
paragraph (1) of this Article or a firearm which has been converted contrary to
paragraph (3) of this Article (whether by a registered firearms dealer or not),
without holding a firearm certificate authorizing him to have it in his
possession, or to purchase or acquire it, shall, notwithstanding paragraph (3)
of Article 2, be liable to a fine or to imprisonment for a term not exceeding
seven years, or to both.
ARTICLE
48
Forfeiture of firearms and cancellation of certificates
(1) Where
a person –
(a) is
convicted of an offence under this Law or is convicted of any offence for which
he is sentenced to imprisonment;
(b) is
convicted of an offence under the Wild Life (Protection) (Jersey) Law 1947 or under the Protection of Birds (Jersey) Law
1963; or
(c) has
been discharged under the “Loi (1937) sur l’Atténuation des
peines et sur la mise en liberté surveillée” subject to the condition that he shall not
possess, use or carry a firearm,
the court before which he is convicted or by which he was
conditionally discharged may make such order as to the forfeiture or disposal
of any firearm or ammunition found in his possession as it thinks fit, and may
cancel any firearm certificate held by him.
(2) Where
the court cancels a firearm certificate under this Article –
(a) the
court shall cause notice to be sent to the –
(i) Connétable
by whom the certificate was granted, and
(ii) Chief
Officer; and
(b) the
Connétable shall by notice in writing require the certificate holder to
surrender it.
(3) A
certificate holder who fails to surrender his certificate within twenty-one
days from the date of the notice referred to in sub-paragraph (b) of paragraph
(2) shall be guilty of an offence and liable to a fine not exceeding level 2 on
the standard scale.
ARTICLE
49
Power of search with warrant
(1) If
the Bailiff or a Jurat is satisfied by information on oath that there is
reasonable ground for suspecting –
(a) that
an offence under this Law has been, is being or is about to be committed; or
(b) that,
in connection with a firearm or ammunition, there is a danger to the public
safety or to the peace,
he may grant a warrant for any of the purposes mentioned in
paragraph (2).
(2) A
warrant under this Article may authorize a police officer –
(a) to
enter at any time any premises or place named in the warrant, if necessary by
force, and to search the premises or place and every person found therein;
(b) to
seize and detain any object mentioned in paragraph (3) which he may find on
those premises or place, or on any such person, in respect of which or in
connection with which he has reasonable grounds for suspecting –
(i) that
an offence under this Law has been, is being or is about to be committed, or
(ii) that
in connection with a firearm, imitation firearm or ammunition there is a danger
to the public or to the peace; and
(c) if
the premises are those of a registered firearms dealer, to examine any books
relating to the business.
(3) The
objects that may be seized under a warrant are the following, namely –
(a) any
firearm, imitation firearm or ammunition;
(b) any
firearms certificate;
(c) any
other document authorizing the possession, purchase, acquisition, manufacture,
sale or transfer of any firearm or ammunition.
(4) Any
person who intentionally obstructs a police officer in the exercise of his powers
under this Article shall be guilty of an offence and liable to a fine not
exceeding level 4 on the standard scale or to
imprisonment for a term not exceeding six months, or to both.
(5) The
Court may order any firearm or ammunition seized and detained under this Law to
be destroyed or otherwise disposed of.
PART VI
MISCELLANEOUS AND GENERAL
ARTICLE
50
Visitors’ permit
(1) Any
person who –
(a) is
visiting or intending to visit the Island;
(b) is
the holder of a valid certificate issued in any place outside the Island
authorizing him to possess firearms and ammunition; and
(c) wishes
to bring to the Island a firearm and ammunition to which Article 2 applies and
to which his certificate relates,
may, on production of his certificate or a certified true copy
thereof to the Chief Officer, be issued with a permit authorizing him, without
being the holder of a firearm certificate –
(i) to
possess that firearm, and
(ii) to
possess and acquire such quantity of ammunition as may be specified in the
permit,
for such period not exceeding one year from the date of issue as
shall be specified in the permit.
(2) The
Chief Officer may on the grant of a permit under this Article, impose such
conditions as he thinks fit, and any such conditions shall be endorsed on the
permit.
(3) The
Chief Officer may at any time after the grant of a permit under this Article
–
(a) add,
vary or remove any condition; or
(b) cancel
the permit.
(4) Any
person who –
(a) knowingly
or recklessly makes a statement false in any material particular or produces
any false document in connection with the issue of a permit under this Article;
or
(b) fails
to comply with any of its conditions,
shall be guilty of an offence and liable to a fine or to
imprisonment for a term not exceeding three years, or to both.
(5) Any
person aggrieved by a decision of the Chief Officer under this Article to
–
(a) refuse
to issue a permit;
(b) impose
conditions on the grant of a permit;
(c) add,
vary or remove a condition attached to a permit; or
(d) cancel
a permit,
may, within twenty-eight days after the day on which he receives
notice of the refusal, condition, addition, variation, removal or cancellation,
as the case may be, appeal to the Court.
(6) Paragraphs
(2) and (3) of Article 55 shall apply mutatis
mutandis to appeals under this Article.
ARTICLE
51
De-activated weapons
For the purposes of this Law it shall be presumed, unless the
contrary is shown, that a firearm has been rendered incapable of discharging
any shot, bullet or other missile, and has consequently ceased to be a firearm
for the purposes of this Law, if –
(a) it
bears a mark which has been approved by the Committee for denoting that fact
and which has been made by a person approved by the Committee for the purposes
of this Article; and
(b) that
person has certified in writing that work has been carried out on the firearm
in a manner approved by the Committee for rendering it incapable of discharging
any shot, bullet or other missile.
ARTICLE
52
Particular savings
(1) The
provisions of this Law relating to ammunition shall be in addition to and not
in derogation of any enactment relating to the keeping and sale of explosives.
(2) Nothing
in this Law relating to firearms shall apply to an antique firearm which is
sold, transferred, purchased, acquired or possessed as a curiosity or ornament.
ARTICLE
53
Offence by body corporate
(1) Where
an offence under this Law which has been committed by a body corporate is
proved to have been committed with the consent or connivance, or to be
attributable to any neglect on the part of, a director, manager, secretary or
other similar officer of the body corporate, or any person who was purporting
to act in any such capacity, he as well as the body corporate shall be guilty
of the offence and be liable to be proceeded against accordingly.
(2) Where
the affairs of a body corporate are managed by its members paragraph (1) shall
apply in relation to the acts and defaults of a member in connection with his
functions of management as if he were a director of the body corporate.
ARTICLE
54
Accessories and abettors, etc.
Any person who aids, abets, counsels or procures the commission of
an offence under this Law shall be liable to be dealt with, tried and punished
as a principal offender.
ARTICLE
55
Appeals
(1) Any
person aggrieved by –
(a) a
refusal to issue, vary or renew a firearm certificate under Article 3;
(b) the
revocation of a firearm certificate under sub-paragraphs (a) to (d) of
paragraph (5) of Article 3;
(c) the
partial revocation of a firearm certificate under Article 4;
(d) the
imposing of any additional conditions under paragraph (2) of Article 9;
(e) a
refusal to register him as a firearms dealer under paragraph (3) of Article 20;
(f) the
imposition or variation of, or refusal to vary or revoke, any condition of registration
under paragraph (4) of Article 20;
(g) the
removal of his name from the register under paragraph (6) of Article 20 or
paragraph (3) of Article 21;
(h) a
refusal to enter in the register a place of business of a registered firearms
dealer under paragraph (3) of Article 22; or
(i) a
removal from the register of a place of business of a registered firearms
dealer under paragraph (3) of Article 22,
may within twenty-eight days after the day on which he receives
notice of the refusal, condition, removal, revocation, partial revocation or
variation, as the case may be, appeal to the Court.
(2) Any
appeal under this Article may be heard and determined in term or in vacation.
(3) On
the hearing of an appeal under this Article, the Court may –
(a) consider
any evidence or other matter whether or not it was available when the decision
of the Connétable or the Committee was taken;
(b) either
dismiss the appeal or give the Connétable or the Committee such
directions as it thinks fit as respects the certificate or register which is
the subject of the appeal.
ARTICLE
56
Service of notices
Subject to this Law, any notice required or authorized by this Law
to be given to any person may be sent by registered post to his last or usual
address, or in the case of a registered firearms dealer, to any place of
business in respect of which he is registered.
ARTICLE
57
General power of Committee to make Orders
(1) The
Committee may make Orders for prescribing anything which under this Law is to
be prescribed and generally for the purpose of carrying this Law into effect.
(2) Without
prejudice to the generality of paragraph (1), any Order under this Article may
in particular –
(a) declare
–
(i) any
type of air weapon not to be specially dangerous for the purposes of
sub-paragraph (a) of paragraph (2) of Article 2,
(ii) a
weapon, other than a firearm, to be unlawful for the purposes of Article 32,
(iii) any
firearm or ammunition which appears to the Committee to be specially dangerous
or any firearm which appears to the Committee to be wholly or partly composed
of material making it not readily detectable by apparatus used for detecting
metal objects, to be prohibited for the purposes of Article 33;
(b) prescribe
–
(i) good
reasons for the purposes of the issue of a firearm certificate under
sub-paragraph (b) of paragraph (4) of Article 3,
(ii) the
form of firearm certificates, permits and other documents required for the
purposes of this Law, and
(iii) fees
payable under this Law.
(3) Before
making an Order under this Law, the Committee shall consult the Comité
des Connétables.
(4) For
the purposes of clause (ii) of sub-paragraph (b) of paragraph (2), the
Committee may prescribe different forms of firearm certificates for different
categories of firearms.
(5) The
Subordinate Legislation (Jersey) Law 1960, shall
apply to Orders made under this Law.
ARTICLE
58
Application of fees
All fees received by a Connétable under this Law shall be
applied towards the cost of maintenance of the by-roads of the Parish and all
other fees received under this Law shall be credited to the annual income of
the States.
ARTICLE
59
Transitional and consequential etc. provisions
(1) The
transitional provisions in the Schedule to this Law shall have effect with
regard to the Laws repealed by Article 60.
(2) The
States may by Regulations make such other transitional and consequential
provisions and such savings as they consider necessary or expedient in
preparation for, in connection with, or in consequence of, the coming into
force of any provision of this Law.
(3) Regulations
under this Article may make modifications of any enactment contained in this or
in any other Law.
ARTICLE
60
Repeals
The Firearms (Jersey) Law 1956, as amended, and the “Loi (1879) sur le Port
d’Armes” are
repealed.
ARTICLE
61
Short title and commencement
(1) This
Law may be cited as the Firearms (Jersey) Law 2000.
(2) This
Law shall come into force on such day as the States may by Act appoint and
different days may be appointed for different purposes or different provisions
of this Law.
G.H.C. COPPOCK
Greffier of the States.
SCHEDULE
(Article 59)
Transitional provisions
(1) In
so far as any certificate, authority or permit granted, Order made,
registration effected or other thing done under the Firearms (Jersey) Law 1956 could have been granted, made, effected or done
under a corresponding provision of this Law, it shall not be invalidated by the
repeal of the Firearms (Jersey) Law 1956,22 but shall have effect as if granted,
made, effected or done under that corresponding provision.
(2) Notwithstanding
the repeal by this Law of the “Loi (1879) sur le Port
d’Armes” a permit
for a shot gun granted under that “Loi” shall remain valid –
(a) until
the 31st day of January following its issue; and
(b) if,
before that date, the holder of the permit applies for a firearm certificate in
respect of that shot gun, until the firearm certificate is issued or the
application is refused or until any appeal against such refusal is abandoned or
dismissed.
(3) Notwithstanding
anything in this Law, a person who, immediately before the date of commencement
of this Law, has in his possession a shot gun in respect of which no permit
under the “Loi (1879) sur le Port d’Armes”23 is in force
shall be entitled to possess that shot gun on his own property without a
firearm certificate –
(a) for
the period of twelve months beginning with that date; and
(b) if
before the expiration of that period he applies for a firearm certificate in
respect of that shot gun, until the firearm certificate is issued or the
application is refused or until any appeal against such refusal is abandoned or
dismissed.
(4) The
mention of particular matters in this Article shall not be taken to affect the
general application of Article 19 of the Interpretation (Jersey) Law 1954 with regard to the effect of repeals.