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Firearms (Jersey) Law 2000: Application by Registered Firearms Dealer

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 14 October 2013:

Decision Reference: MD-HA-2013-0055

Decision Summary Title :

Prohibited weapons – registered firearms dealer

Date of Decision Summary:

2 October 2013

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 :

Application to hold prohibited firearms – registered firearms dealer

Date of Written Report:

2 October 2013

Written Report Author:

Executive Officer

Home Affairs

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Exempt 3.2.1(a)(i)

Subject: Application under Article 33 of the Firearms (Jersey) Law 2000 by a registered firearms dealer.

Decision(s): The Minister approved the possession of certain prohibited weapons for a limited period, pending adaptation to a non-prohibited weapon, by Mr R Le Brocq, who is a registered firearms dealer.

Reason(s) for Decision: Mr Le Brocq has applied to hold certain firearms which fall under Article 33(1) of the Firearms (Jersey) Law 2000 in that they are ‘so designed or adapted that 2 or more missiles can be successively discharged without repeated pressure on the trigger’.  The application is only to cover the eventuality that when Mr Le Brocq is testing a firearm that has been adapted to semi-automatic fire he discovers that the firearm is still capable of fully automatic fire.  It is not his intention to possess fully automatic firearms except in that unlikely occurrence.

Resource Implications: Nil.

Action required: the Home Affairs Department to issue an updated dealer certificate to Mr Le Brocq to reflect that he has the authority to hold certain prohibited weapons for a limited period pending adaptation to non-prohibited weapons; and to write to the Connétable of the Parish in which Mr Le Brocq is resident to inform him of this.

Signature:

 

 

Position:

Minister for Home Affairs

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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