Firearms (General Provisions) (Amendment) (Jersey) Order 201-

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A decision made 1 March 2012:

Decision Reference: MD-HA-2012-0014

Decision Summary Title :

Firearms (General Provisions) (Amendment) (Jersey) Order 201-

Date of Decision Summary:

15 February 2012

Decision Summary Author:

Executive Officer

Home Affairs

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Firearms (General Provisions) (Amendment) (Jersey) Order 201-

Date of Written Report:

15 February 2012

Written Report Author:

Executive Officer

Home Affairs

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Firearms (General Provisions) (Amendment) (Jersey) Order 201-.

Decision(s): The Minister made the Firearms (General Provisions) (Amendment) (Jersey) Order 201-.

Reason(s) for Decision:

It has been noted that the Firearms (General Provisions) (Jersey) Order 2011 contains a minor error in Part B of the application form for the grant, renewal or variation of a firearm certificate, relating to the requirements for referees. This Amendment Order corrects that error.

Resource Implications:

Nil.

Action required:

The Executive Officer, Home Affairs, to inform the Publications Editor at the States Greffe that the Order has been made and to request the Greffier of the States to arrange for the making of the Order to be notified to the States.

Signature:

Position:

Minister for Home Affairs

Date Signed:

Date of Decision (If different from Date Signed):

Firearms (General Provisions) (Amendment) (Jersey) Order 201-

Report for the Minister for Home Affairs

The Firearms (General Provisions) (Jersey) Order 2011 was made on 10 November 2011. It has since emerged that there is a minor error within that Order.

Article 3(4) of the Order, which relates to the requirement for referees, reads:

(4) If the applicant has not been resident in Jersey for the period of 2 years preceding the making of the application and neither of the referees is the secretary of a shooting club, whether in Jersey or elsewhere in the British Islands, the applicant must –

(a) demonstrate, to the Connétable’s satisfaction, that he or she has prior knowledge of firearms; or (my emphasis)

(b) prove, to the Connétable’s satisfaction, that he or she holds or has held a certificate or other authority, issued under the law of a place outside Jersey, to possess firearms and ammunition.

The application form for the grant, renewal or variation of a firearm certificate is set out in Schedule 1 of the Order. However, in Part B of the form, which relates to referees, it reads in the 3rd paragraph of the notes:

If neither of your referees is the secretary of a shooting club, you will be required to demonstrate your prior knowledge of firearms and (my emphasis) that you hold a certificate or other authority, issued in another country, to possess firearms and ammunition.

The policy decision was that those applicants who have not been resident in Jersey for a period of 2 years preceding the making of an application and who didn’t have a secretary of a shooting club as a referee would either have to demonstrate prior knowledge of firearms OR demonstrate that they hold a firearms certificate.

This Amendment Order will correct the wording in Part B of Schedule 1, so that it reads:

If neither of your referees is the secretary of a shooting club, you will be required to demonstrate your prior knowledge of firearms or that you hold a certificate or other authority, issued in another country, to possess firearms and ammunition.

Recommendation

It is recommended that the Minister makes the Firearms (General Provisions) (Amendment) (Jersey) Order 201- and requests the Greffier of the States to place the Order before the States.

Executive Officer, Home Affairs

15 February 2012