Firearms (Jersey)
Law 2000[1]
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
Commencement [see endnotes]
PART 1
INTRODUCTORY
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;
“component part”
in relation to a firearm, means the breech closing mechanism, the trigger
mechanism or the chamber and barrel;
“Connétable”
means –
(a) in Articles 3 to 8 and 9(2), the person
responsible for the grant, variation and revocation of a firearm certificate in
accordance with Article 2A;
(b) in Article 45, the person responsible
for the grant of a hunting licence, in accordance with Article 2A as
applied by paragraph Article 45(7);
“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;
“flare gun”
means a firearm, with a barrel not exceeding 250 mm and a calibre not
exceeding 26.5 mm, constructed or adapted solely for the discharge of
projectile material for the purpose of giving warning or illumination or as a
signal;
“hunting
licence” means a licence granted under Article 45;
“imitation firearm”
means anything which has the appearance of being a firearm (other than a weapon
of the type referred to in Article 33(1)(b)) whether or not it is capable
of discharging any shot, bullet or other missile;
“Minister”
means the Minister for Justice and Home Affairs;
“pistol” means
a firearm which either has a barrel less than 12 inches in length or is less
than 24 inches in length overall, other than an air weapon, a muzzle loading
gun, a slaughtering instrument or a firearm designed as a signalling apparatus;
“premises”
includes any land;
“prescribed”
means prescribed by Order made by the Minister;
“prohibited
ammunition” means any ammunition referred to in Article 33(1)(c) or
(g);
“prohibited weapon”
means any firearm or weapon referred to in Article 33(1)(a), (b), (e), (f)
or (g);
“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;
“school
premises” means land consisting of an institution providing full or
part-time education but does not mean any land occupied solely as a dwelling by
a person employed at the school;
“self-loading”
and “pump-action” in relation to a firearm mean respectively that
it is designed or adapted (otherwise than is mentioned in Article 33(1)(a))
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
Minister pursuant to Article 15;
“shot gun”
means any smooth-bore gun with a barrel not less than 24 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 Minister 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]
(2) 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.
(3) 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 the
manual or automatic operation of some part of the gun or weapon.
PART 2
GENERAL RESTRICTIONS ON POSSESSION AND HANDLING OF FIREARMS AND
AMMUNITION: FIREARMS CERTIFICATES, ETC. CENTRAL FIREARMS INDEX
2 Requirement
of firearm certificate
(1) Subject
to this Law, any person who –
(a) has
in the person’s 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 the person’s 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 the person,
shall be guilty of an
offence.
(2) This
Article applies to –
(a) all
firearms except –
(i) flare guns, and
(ii) any
air weapon of a type declared by Order of the Minister under Article 57
not to be specially dangerous;
(b) ammunition
for a firearm except –
(i) cartridges
containing 5 or more shot, none of which exceeds .23 of an inch
in diameter,
(ii) ammunition
for a flare gun or 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]
(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 5 years, or to both.
2A Responsibility for
grant, variation and revocation of firearm certificates[4]
(1) Subject
to this Article, the person responsible for the grant, variation and revocation
of a firearm certificate under this Law is the Connétable of the parish
in which an applicant for, or the holder of, a firearm certificate resides.
(2) Where
the applicant for the certificate is the Connétable of the parish in
which the Connétable himself or herself resides, or that
Connétable’s spouse, parent, child or sibling, the person
responsible for the grant, variation and revocation of that certificate is the
Minister.
(3) [5]
(4) [6]
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
Minister may by Order prescribe that any application for a firearm certificate
shall be accompanied by such photographs of the applicant as may be prescribed
and by the names and addresses of 2 persons who have agreed to act as
referees.[7]
(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 the referee 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 or she 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 the
applicant has a good reason for having in his or her 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 or her 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 or her 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 the holder’s possession, or for purchasing or acquiring,
the firearm or ammunition which he or she is authorized by the certificate to
have in his or her 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, remain in
force from the date on which it was granted for –
(a) a
period of 5 years; or
(b) where
the certificate is being renewed without any material change in the conditions
attached to it, the aggregate of –
(i) the remainder of
the period for which the current licence would have remained in force
(disregarding any extension under paragraph (7A)), and
(ii) the
period of 5 years immediately following the period described in clause (i).[8]
(7A) Notwithstanding
paragraph (7), where an application for renewal of a firearm certificate
has been made 3 months or more before the date the certificate would,
apart from this paragraph, expire and the application will not be determined by
the Connétable before that date –
(a) the
Connétable may endorse the firearm certificate, in the prescribed
manner, as remaining in force until whichever is the earlier of –
(i) the expiry of the
period of 2 months following the date on which the certificate would,
apart from this paragraph, expire, or
(ii) the
determination of the application for renewal by the Connétable; and
(b) the
firearm certificate shall continue in force in accordance with the endorsement,
unless revoked or cancelled earlier.[9]
(7B) Where
a Connétable determines that a firearm certificate which continues in
force in accordance with paragraph (7A) shall not be renewed and,
accordingly, the certificate ceases to be in force before the expiry of the
period mentioned in sub-paragraph (a)(i) of that paragraph, Article 5(1)
and (3) shall apply as if, on the determination, the certificate had been
revoked.[10]
(7C) This
Article shall otherwise apply to the renewal of a certificate as it applies to
the first grant of a certificate.[11]
(8) The
States may by Regulations provide that paragraph (7) shall have effect as
if the reference to 5 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 Article 9(1),
and may by notice in writing require the holder to deliver up the certificate
to the Connétable within 21 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, herself or any
other person, the grant of a certificate under this Article, or the variation
or renewal of a firearm certificate, the person shall be guilty of an offence
and liable to a fine or to imprisonment for a term not exceeding 2 years,
or to both.
(13) [12]
4 Partial
revocation of firearm certificates
(1) The
Connétable may partially revoke a firearm certificate, that is to say, the
Connétable may revoke the certificate in relation to any firearm or
ammunition which the holder is authorized by virtue of the certificate to have
in the holder’s 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 the
holder’s possession, or for purchasing or acquiring, the firearm or
ammunition to which the partial revocation relates.
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 21 days from the date of the notice the holder shall be guilty
of an offence and liable to a fine not exceeding level 3 on the standard scale.
(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 Article 3(5)(a) to (d), if the Connétable serves a
notice on the holder under Article 6 requiring the holder to surrender
forthwith the holder’s certificate and any firearms and ammunition in the
holder’s possession by virtue of the certificate.
6 Surrender
of firearms etc.
(1) Where
the Connétable has revoked a firearm certificate under Article 3, the
Connétable 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 imprisonment for a term of 6 months and
to a fine.[13]
(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 paragraph (3)(c)
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.
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 Minister under Article 33 to have
possession of, or to purchase or acquire, that weapon or ammunition.
(2) Where
an authority of the Minister 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.
7A Particulars to be
forwarded to Chief Officer[14]
(1) The
Connétable shall forward to the Chief Officer particulars of the grant,
renewal or variation of a firearm certificate under Article 3 within
21 days of the certificate being granted, renewed or varied.
(2) The
Connétable shall forward to the Chief Officer particulars of the
revocation or partial revocation of a firearm certificate under Article 3
or 4 as soon as practicable after the certificate is revoked or partially
revoked.
8 Central
Firearms Index[15]
(1) The
Chief Officer shall maintain an index, to be known as the Central Firearms
Index.
(2) The
Central Firearms Index shall include –
(a) any
particulars forwarded to the Chief Officer under Article 7A; and
(b) any
notice of the cancellation of a firearm certificate sent to the Chief Officer
under Article 48(2)(a).
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 the holder’s usual
signature;
(b) without
undue delay, inform the Connétable of the parish in which the
certificate holder resides and the States of Jersey Police Force of any change
in the holder’s 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 the holder 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.[16]
(2) On
the issue of a firearm certificate, the Connétable may impose such
conditions, in addition to those applied by paragraph (1), as the
Connétable 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.
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.
11 Authorized
dealing with firearms
(1) A
registered firearms dealer or the registered firearms dealer’s servant
may, without holding a firearm certificate, have in his or her 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 the dealer’s servant at a place
which is not a place of business of the dealer or which the dealer has not
registered as a place of business under Article 20 or 22.
(3) An
auctioneer, carrier or warehouseman, or his or her servant may, without holding
a firearm certificate, have in his or her 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 the person’s possession a slaughtering instrument
and suitable ammunition.
12 Firearms and ammunition on ships[17]
(1) Any
person may, without holding a firearm certificate –
(a) have
in the person’s possession, on board a ship, a firearm or ammunition as part
of the equipment of the ship;
(b) remove
a firearm or ammunition from or to a ship, in accordance with the terms of a
permit in the prescribed form issued to the person by the Harbour Master.
(2) The
Harbour Master shall notify the Chief Officer and the Connétable of the parish
in which the ship has entered, of the issue of the permit.
(3) In
paragraph (1), the references to a firearm or ammunition are to a firearm
or ammunition for possession of which a person would, apart from paragraph (1),
require a firearm certificate.
(4) A
person who knowingly or recklessly makes any false statement in connection with
the issue of a permit under paragraph (1)(b) shall be guilty of an offence
and liable to imprisonment for a term of 2 years and to a fine.
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 Minister,
may, without holding a
firearm certificate, possess firearms and ammunition whilst acting in the
course of his or her 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 or she is authorized in
writing so to do by the Minister.
14 Sports,
athletics and other permitted possession of firearms or ammunition[18]
(1) A
person may, without holding a firearm certificate, have in his or her
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 the
member’s 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 the person’s possession
while engaged in or in connection with target shooting at a range which is
being used by that club and while the person is in the presence and under the
supervision of the member of the club whose guest the person 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 the person’s 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
paragraph (2)(c) “authorized open day” means a day on which a
shooting club has, with the prior written authority of the Minister, 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 or her
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 the person’s possession during and for the
purpose of the performance.
(7A) The
executor or administrator of the estate of a deceased certificate holder, or a
deceased certificate holder’s principal heir or next of kin, may, without
holding a firearm certificate, have in his or her possession any firearm or
ammunition that belonged to the deceased certificate holder, until it is
reasonably practical for him or her to surrender the firearm or ammunition to a
police officer or a registered firearms dealer.[19]
(8) The
holder of a permit issued by the Minister in the prescribed form may, without
holding a firearm certificate, have in the holder’s possession a firearm
or ammunition in accordance with the terms of the permit and the Minister
shall, where the person issued with the permit is a resident of Jersey, 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 2 years,
or to both.
15 Approval
of shooting clubs
(1) Any
club that is –
(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,
may apply in the
prescribed form to the Minister for approval as a shooting club.[20]
(2) An
approval shall be in the prescribed form and, subject to paragraph (3) –
(a) may
be granted subject to such conditions specified in it as the Minister thinks
fit;
(b) may
at any time be varied or withdrawn by the Minister; and
(c) shall
(unless withdrawn) continue in force for 6 years from the date on which it
is granted or last renewed.[21]
(3) Before
granting or refusing to grant an approval or varying or withdrawing an approval
the Minister shall consult the Comité des
Connétables.[22]
(4) There
shall be payable on the grant or renewal of an approval such fee as may be
prescribed.
(5) A
police officer authorized in writing in that behalf by the Chief Officer may on
producing, if required, the police officer’s 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.
(6) The
power of a police officer under paragraph (5) 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.
(7) Any
person who intentionally obstructs a police officer in the exercise of the
police officer’s powers under paragraph (5) shall be guilty of an
offence and liable to a fine not exceeding level 3 on the standard scale.
(8) 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 2 years, or
to both.
16 [23]
17 Powers
of police to examine firearms
(1) A
police officer may require any person whom the officer has reasonable cause to
suspect –
(a) of
having –
(i) a firearm with or
without ammunition, or
(ii) ammunition,
with the person 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 the person 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 6 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.
18 Production
of proof of certification
(1) A
police officer may demand from any person whom the officer believes to be in possession
of a firearm or ammunition to which Article 2 applies, the production of
proof that the person is a certificate holder.
(2) If
any person upon whom a demand is made under this Article fails to produce proof
that he or she is a certificate holder, or to permit the officer to read it, or
to show that the person is entitled by virtue of this Law to have the firearm
or ammunition in his or her possession without holding a firearm certificate,
the officer may seize and detain the firearm or ammunition and may require that
person to declare to the officer immediately the person’s name and
address.
(3) If
any person, having been required to declare the person’s name and address
under this Article, refuses to do so or fails to give the person’s true
name and address, that person 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 the person’s name or address, or
whom the officer 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 3
MANUFACTURE AND DEALING IN FIREARMS: REGISTRATION OF FIREARMS
DEALERS
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 the person’s 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 5 years, or to both.
(2) It
is not an offence for an auctioneer to sell, expose for sale and have in the
auctioneer’s possession for sale by auction any firearm or ammunition if the
auctioneer does so in accordance with the terms of a permit in the prescribed
form, issued to the auctioneer by the Minister.
(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 2 years,
or to both.
20 Registration
of firearms dealers
(1) Any
person having or proposing to have a place of business in Jersey as a firearms
dealer shall apply to the Minister to be registered.
(2) For
the purposes of this Law, the Minister 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
Minister –
(a) shall
not register an applicant who is –
(i) less
than 20 years of age on the date of the applicant’s
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 the applicant to carry on business as a firearms dealer would be
contrary to the public interest.
(4) The
Minister 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 his or
her own motion or on the application of the dealer, vary or revoke any such
condition.
(5) The
Minister 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 Minister –
(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 Minister the
dealer’s certificate of registration within 21 days from the date of
the notice, for the purpose of amending the certificate.
(6) The
Minister 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) the person is no
longer carrying on business as a firearms dealer, or
(ii) to
permit the person 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 6
months, or to both.
21 Certificates
of registration
(1) The
Minister shall grant to every registered firearms dealer a certificate of
registration.
(2) On
or before the expiration of a period of 3 years from the grant of the
certificate of registration held by the dealer, every person for the time being
a registered firearms dealer shall –
(a) surrender
the person’s certificate of registration to the Minister;
(b) apply
in the prescribed form for a new certificate of registration; and
(c) pay
the prescribed fee,
and thereupon the Minister
shall, subject to Article 20(3), 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 Minister shall by
notice in writing require the person to comply with that requirement and, if the
person fails to do so within 21 days from the date of the notice, or within
such further time as the Minister may in special circumstances allow, shall
remove the person’s name from the register.
(4) Where
the Minister removes the name of any firearms dealer from the register, the
Minister shall by notice in writing require the dealer to surrender the
dealer’s certificate of registration, and the Register of Transactions
kept by the dealer under Article 24, and if the dealer fails to do so
within 21 days from the date of the notice then, subject to paragraph (5),
the dealer 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.
22 Registration
of places of business of firearms dealers
(1) The
prescribed particulars referred to in Article 20(2) shall include
particulars of every place of business at which the applicant proposes to carry
on business as a firearms dealer in Jersey and the Minister 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 Jersey which is not entered in the register, shall notify the
Minister and furnish the Minister with such particulars as may be prescribed
and the Minister shall, subject to this Article, enter that place of business
in the register.
(3) If
the Minister 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 the person’s business as a
firearms dealer without danger to the public safety or to the peace, the
Minister 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 6
months, or to both.
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 Jersey,
other than a registered firearms dealer, any firearm or ammunition to which Article 2
applies unless that other person produces a firearm certificate authorizing that
person to purchase or acquire it, or shows that the person 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 the person 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 or her 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 Jersey, other than a registered firearms
dealer, unless that other person is a certificate holder and produces the person’s
firearm certificate or shows that the person 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 3 years,
or to both.
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 24 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 Article 21(4), a registered firearms dealer
shall retain the register for a period of 10 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 Minister for the purpose and on production by that person of evidence of
his or her 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 6
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 Article 19(2).
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) the
dealer’s name be removed from the register;
(b) neither
the dealer nor any person who acquires the dealer’s 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 the person’s
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.
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 6 months, or to both.
PART 4
TRANSFERS ETC. OF FIREARMS
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 the
transferee 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 24 hours.
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 72 hours of the transfer
give notice to the Connétable of the parish in which the certificate
holder resides and to the States of Jersey Police Force, or in the case of a
visitor’s permit, to the Chief Officer.[24]
(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.
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 7 days of
that event give notice of it to the Connétable of the parish in which
the certificate holder resides and to the States of Jersey Police Force or, in
the case of a visitor’s permit, to the Chief Officer.[25]
(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 7 days of the loss give notice of it to the
Connétable of the parish in which the certificate holder resides, and to
the States of Jersey Police Force, or, in the case of a visitor’s permit,
to the Chief Officer.[26]
(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.
30 Notification
of events taking place outside Jersey involving firearms etc.
(1) Where,
outside Jersey, 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 14 days of the disposal give notice of
it to the Connétable of the parish in which the transferor resides or
last resided and to the States of Jersey Police Force.[27]
(2) A
failure, without reasonable excuse, to give a notice required by paragraph (1)
shall be an offence.
(3) Where, outside Jersey –
(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 14 days of the event give notice of it to the Connétable of the
parish in which the certificate holder resides or last resided and to the
States of Jersey Police Force.[28]
(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 14 days of the disposal
or other event, and, if sent from a place outside Jersey, shall be sent in such
manner as most closely corresponds to the use of the registered post or
recorded delivery service.
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
5 years, or both.
PART 5
UNLAWFUL, PROHIBITED AND OFFENSIVE WEAPONS: PUBLIC SAFETY,
PREVENTION OF CRIME AND LAW ENFORCEMENT
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 Minister under Article 57(2)(a)(ii)
declaring the weapon to be an unlawful weapon cause the weapon to be destroyed
or exported from Jersey, or delivered to a police officer.
(2) The
Minister 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 the person’s
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 Minister 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 3 years, or to both.
(4) The
Minister shall forward a copy of a licence issued under this Article to the
Connétable of the parish in which the licence holder resides.
33 Prohibited
weapons and ammunition
(1) Subject
to paragraph (2), no person shall without the authority of the Minister
(who shall consult the Connétable of the parish in which the person
resides before granting such authority), manufacture, sell, transfer, purchase,
acquire, or have in the person’s possession any –
(a) firearm
which is so designed or adapted that 2 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 5 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 Minister under Article 57(2)(a)(iii) 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 or her possession any –
(a) firearm;
(b) weapon;
(c) ammunition,
of the type referred to in
paragraph (1) whilst acting in the course of his or her 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 5 years, or
to both.
(4) Where
the Minister is satisfied, on the application of a person in charge of a
theatrical performance, that a prohibited weapon is required for the
performance, the Minister may authorize the person to have possession of the
prohibited weapon and may authorize such other persons as the person 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 Minister,
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 3 months, or to
both.
(7) The
Minister 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.
34 Power
to prohibit removals of firearms and ammunition
(1) The
Minister may, if he or she 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 Jersey; or
(b) for
export from Jersey,
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 the holder 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 or
she 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 the police officer all reasonable
facilities for their examination and inspection, and shall produce to the
police officer any documents in the person’s 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 3
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 or she is convicted may make
such Order as it thinks fit as to the forfeiture of the firearms or ammunition.
35 Purchase
and possession of firearms by young persons
(1) No
person under the age of 14 years shall have in the person’s
possession any firearm or ammunition to which Article 2 applies except in
circumstances permitted by Article 13(1) or Article 14(2), (4) or
(6).
(2) No
person shall part with possession of a firearm or ammunition to which Article 2
applies to a person whom he or she knows or has reason to believe to be under the
age of 14 years except in circumstances permitted by Article 13(1),
or Article 14(2), (4) or (6).
(3) No
person shall make a gift of or lend any firearm or ammunition to which Article 2
applies to a person whom he or she knows or has reason to believe to be under
the age of 14 years.
(4) No
person under the age of 17 years shall –
(a) purchase
or hire any firearm; or
(b) purchase
any ammunition except in the circumstances permitted by Article 14(2).
(5) No
person shall –
(a) sell
or let on hire any firearm to a person under the age of 17 years; or
(b) sell
any ammunition to a person under that age, other than a person who, by virtue
of Article 14(2), 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 3 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 or she sold or let on hire the firearm or
ammunition was a person under the age of 17 years.
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 the person
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 3
months, or to both.
37 Possession
of firearms by persons previously convicted of crime
(1) A
person sentenced to imprisonment or detention, whether in Jersey, or elsewhere
in the British Islands or (subject to paragraph (5)) in any place outside
the British Islands, for a term of 3 years or more shall not at any time
have a firearm or ammunition in the person’s possession.
(2) A
person sentenced to imprisonment or detention, whether in Jersey or elsewhere
in the British Islands, or (subject to paragraph (5)) in any place outside
the British Islands, for a term of 3 months or more but less than 3 years
shall not, at any time before the expiry of a period of 5 years from
expiration of the person’s sentence, have a firearm or ammunition in the person’s
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 the person.
(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 Jersey, 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 Jersey;
(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
Jersey and the place where 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 the person
knows or has reason to believe, to be prohibited by this Article from having a
firearm or ammunition in the person’s 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 5 years,
or to both.
38 Possession
of firearms with intent to injure
Any person who has in the
person’s 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, or to both.[29]
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, herself or any
other person, shall be guilty of an offence and liable to a fine or to
imprisonment for life, or to both.[30]
(2) Where
a person commits an offence under this Article in respect of the lawful arrest
of himself or herself for any other offence committed by him or her, the person
is liable to the penalty provided by this Article in addition to any penalty to
which he or she may be sentenced for that other offence.
(3) For
the purposes of this Article, the definition of “firearm” in Article 1(1)
shall apply without sub-paragraphs (b) and (c) of that definition and
“imitation firearm” shall be construed accordingly.
40 Carrying
firearm with criminal intent
(1) Any
person who has with the person 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 14 years,
or to both.[31]
(2) In
all proceedings under this Article, proof that the accused had a firearm or
imitation firearm with him or her, and intended to commit an offence, resist or
prevent arrest or intimidate another, shall be evidence that the accused
intended to have it with him or her while doing so.
41 Carrying
firearm in a public place
Any person who, without
lawful authority or reasonable excuse (the proof of which shall lie on the person)
has with him or her 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 5 years, or to both, or, in the case
of an air weapon, to a fine or to imprisonment for a term not exceeding 6 months,
or to both.
42 Trespassing
with firearm
(1) Any
person who, while having a firearm or imitation firearm with him or her, 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 the person)
shall be guilty of an offence and liable to a fine or to imprisonment for a
term not exceeding 5 years, or to both, or in the case of an air weapon,
to a fine or to imprisonment for a term not exceeding 6 months, or to
both.
(2) Any
person who, while he or she has a firearm or imitation firearm with him or her,
enters or attempts to enter or is on any land as a trespasser and without
reasonable excuse (the proof of which shall lie on the person) shall be guilty
of an offence and liable to a fine or to imprisonment for a term not exceeding 3 months,
or to both.
(3) In
paragraph (2) “land” includes land covered with water.
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 the person) has with him or her in any public place any offensive
weapon, shall be guilty of an offence and liable to imprisonment for a term of
4 years and to a fine.[32]
(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 or her for such use by him or her or by some other person.[33]
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 the person),
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 5 years, or to both, or in the case of an air weapon to a fine
or to imprisonment for a term not exceeding 6 months, or to both; or
(ii) contrary
to sub-paragraph (c), to a fine or to imprisonment for a term not
exceeding 2 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 3 months, or to both.
45 Restrictions
on hunting any bird or animal[34]
(1) Subject
to paragraph (2), 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 of level 2
on the standard scale, unless he or she is acting under and in accordance with
the terms or conditions of a licence granted under this Article.
(2) The
Connétable of a parish may, by licence in writing, authorize a person
who resides in the parish to hunt, for the purpose of preserving public health
or public or air safety –
(a) such animals
and birds as may be specified in the licence;
(b) in
any parish, or part of a parish, specified in the licence;
(c) for
such period as shall be specified in the licence;
(d) on
any days in that period, or on such days in that period, as may be specified in
the licence;
(e) between
sunset and sunrise or between such times between sunset and sunrise as may be
specified in the licence.
(3) Before
granting a licence under paragraph (2), a Connétable shall
consult –
(a) the
Connétable of any other parish in which the applicant proposes to hunt
under the licence; and
(b) any
other person or body whom the Minister considers it appropriate to consult.
(4) The
Connétable may grant a licence under paragraph (2) subject to such further
conditions as the Connétable thinks fit.
(5) The
Connétable may revoke a licence granted under paragraph (2) if the
holder of the licence has not complied with the terms and conditions on which
it is granted or if the Connétable is satisfied that the holder no
longer has a good reason for having the licence.
(6) A
Connétable shall –
(a) forward
a copy of a licence granted under this Article to the Minister, to each
Connétable consulted in accordance with paragraph (3) and to the
Chief Officer; and
(b) inform
each of those persons of the revocation of such a licence.
(7) Article 2A
shall apply for the purposes of the grant of a licence under this Article as it
applies for the purposes of the grant of a firearm certificate.
(8) The
grant of a licence under this Article –
(a) is
not, for the purposes of Article 7(1) of the Wildlife
(Jersey) Law 2021, authority to destroy any
protected wild animal or protected wild bird within the meaning of that Law;
and
(b) does
not derogate from any requirement for a licence under that Law to make the
hunting lawful.[35]
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 the person is a certificate holder;
(b) shows
that the person 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 the person’s behalf.
(3) A
person guilty of an offence under this Article shall be liable to imprisonment
for a term of 6 months and to a fine.[36]
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 24 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 24 inches or to possess such a
shot gun for the sole purpose, (the proof of which shall lie on the person), of
replacing a defective part of the barrel in order to produce a barrel not less
than 24 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) shall be
liable to a fine or to imprisonment for a term not exceeding 7 years, or
to both.
(5) A
person who is guilty of an offence under Article 2 by having in the person’s
possession, or purchasing or acquiring, a shot gun which has been shortened
contrary to paragraph (1) or a firearm which has been converted contrary
to paragraph (3) (whether by a registered firearms dealer or not),
without holding a firearm certificate authorizing the person to have it in the person’s
possession, or to purchase or acquire it, shall, notwithstanding Article 2(3),
be liable to a fine or to imprisonment for a term not exceeding 7 years,
or to both.
48 Forfeiture
of firearms and cancellation of certificate or licence[37]
(1) Where
a person –
(a) is
convicted of an offence under this Law or is convicted of any offence for which
the person 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 the person shall not possess, use or carry a
firearm,
the court before which the
person is convicted or by which the person was conditionally discharged may
make such order as to the forfeiture or disposal of any firearm or ammunition
found in the person’s possession as it thinks fit, and may cancel any
firearm certificate or hunting licence held by the person.[38]
(2) Where,
pursuant to paragraph (1), the court cancels a person’s firearm
certificate or hunting licence –
(a) the
court shall cause notice to be sent to –
(i) the
Connétable of the parish in which the person resides, and
(ii) the
Chief Officer; and
(b) the
Connétable shall by notice in writing require the person to surrender
the certificate or licence, as the case requires, within the period of
21 days from the date of the notice.[39]
(3) A
person who fails to comply with a notice given under paragraph (2)(b)
shall be guilty of an offence and liable to a fine of level 2 on the
standard scale.[40]
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,
the Bailiff or Jurat 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 the police
officer may find on those premises or place, or on any such person, in respect
of which or in connection with which the police officer 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 the
police officer’s powers under this Article shall be guilty of an offence
and liable to imprisonment for a term of 6 months and to a fine.[41]
(5) The
Court may order any firearm or ammunition seized and detained under this Law to
be destroyed or otherwise disposed of.
PART 6
MISCELLANEOUS AND GENERAL
50 Visitor’s
permit
(1) A
visitor or intended visitor to Jersey who wishes to bring to Jersey any firearm
and ammunition to which Article 2 applies may apply to the Chief Officer
for a visitor’s permit.[42]
(1A) The
Chief Officer may grant a visitor’s permit if the applicant –
(a) is
the holder of a valid certificate issued in any place outside Jersey
authorizing the applicant to possess firearms and ammunition and has produced
the certificate or a certified true copy of the certificate to the Chief
Officer; or
(b) is
resident in a place that does not require the applicant to have a permit for
the firearm that he or she wishes to bring to Jersey and the application is
supported in writing by an official of a shooting club,
and has paid the prescribed
fee.[43]
(1B) The
visitor’s permit shall be in the prescribed form and shall authorize the
applicant, without being a certificate holder –
(a) to
possess the firearm described in the permit; and
(b) to
possess and acquire the quantity of ammunition that is described in the permit,
for such period not
exceeding one year from the date of grant of the permit as shall be specified
in the permit.[44]
(1C) There
shall be payable for the grant of a visitor’s permit such fee as may be
prescribed and different fees may be prescribed for different circumstances.[45]
(2) The
Chief Officer may on the grant of a permit under this Article, impose such
conditions as the Chief Officer 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 3 years,
or to both.
(5) [46]
(6) [47]
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 Minister for denoting that fact and
which has been made by a person approved by the Minister 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 Minister for rendering it incapable of discharging
any shot, bullet or other missile.
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.
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 or she 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 or her functions of management as if the member were a director of the body
corporate.
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.
55 Appeals[48]
(1) Any
person aggrieved by –
(a) a
refusal to grant, vary or renew a firearm certificate under Article 3;
(b) the
revocation of a firearm certificate under Article 3(5)(a) to (d);
(c) the
partial revocation of a firearm certificate under Article 4;
(d) the
imposition of any additional conditions under Article 9(2);
(e) the
refusal to issue a permit under Article 14(8) or any terms to which the
permit is subject;
(f) the
refusal to approve a club under Article 15(1);
(g) the
imposition of any conditions on the approval of a club under Article 15(2)(a);
(h) the
variation or withdrawal of an approval under Article 15(2)(b);
(i) the
refusal to issue a permit to an auctioneer under Article 19(2) or any
terms to which the permit is subject;
(j) the
refusal to register the person as a firearms dealer under Article 20(3);
(k) the
imposition or variation of, or refusal to vary or revoke, any condition of
registration under Article 20(4);
(l) the
removal of the person’s name from the register under Article 20(6)
or Article 21(3);
(m) a refusal
to enter in the register a place of business of a registered firearms dealer
under Article 22(3);
(n) a
removal from the register of a place of business of a registered firearms
dealer under Article 22(3);
(o) the
refusal to grant a hunting licence under Article 45(2);
(p) the terms
and conditions of a hunting licence granted under Article 45(2);
(q) the
imposition of any further conditions on a hunting licence under Article 45(4);
(r) the
revocation of a hunting licence under Article 45(5);
(s) the
refusal to grant a visitor’s permit under Article 50(1A);
(t) the
imposition of conditions on the grant of a visitor’s permit under Article 50(2);
(u) the
addition, variation or removal of a condition attached to a visitor’s
permit under Article 50(3)(a); or
(v) the
cancellation of a visitor’s permit under Article 50(3)(b),
may, within 28 days
after the day on which the person receives notice of the decision in question,
appeal to the Court.
(2) 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
being appealed against was taken;
(b) either
dismiss the appeal or give the person authorized by this Law to grant the
certificate, approval, licence, registration or permit which is the subject of
the appeal, such directions as the Court thinks fit as respects the
certificate, approval, licence, registration or permit.
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 the person’s last or usual address, or in the case
of a registered firearms dealer, to any place of business in respect of which the
person is registered.
57 General
power of Minister to make Orders
(1) The
Minister 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 Article 2(2)(a),
(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 Minister to be specially
dangerous or any firearm which appears to the Minister 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 Article 3(4)(b),
(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 Minister shall consult the Comité des Connétables.
(4) For
the purposes of paragraph (2)(b)(ii), the Minister may prescribe different
forms of firearm certificates for different categories of firearms.
(5) [49]
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.
59 Transitional
and consequential etc. provisions
(1) The
transitional provisions in the Schedule to this Law shall have effect with
regard to the Firearms (Jersey) Law 1956.
(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.
60 Citation
This Law may be cited as
the Firearms (Jersey) Law 2000.