Firearms offences: certificates, prohibited weapons and minimum sentences
Possessing a firearm or ammunition without a certificate (Firearms Act 1968 s.1) carries up to 5 years, or 7 years for a shortened shotgun or converted imitation. Possessing a prohibited weapon such as a handgun or automatic weapon (s.5) carries up to 10 years and, for most such weapons, a minimum of 5 years if the offender was 18 or over when the offence was committed (3 years if 16 or 17), unless there are exceptional circumstances.
The offences
- Firearm or ammunition without a certificate (Firearms Act 1968 s.1): either way, maximum 5 years, or 7 years for a shortened shotgun or converted imitation (s.4(4)).
- Shotgun without a certificate (s.2): either way, maximum 5 years.
- Prohibited weapons (s.5): automatic weapons, most self-loading or pump-action rifles, handguns (barrel under 30 cm or under 60 cm overall), disguised firearms, and weapons for discharging a noxious liquid, gas or other thing (s.5(1)(b)), such as CS spray and stun guns. Maximum 10 years. Most are indictable only; s.5(1)(b) and a few others, such as expanding ammunition, are either way.
- Intent offences, all indictable only: possession with intent to endanger life (s.16, life) or to cause fear of violence (s.16A, 10 years); using a firearm to resist arrest, or having one when committing or arrested for a Schedule 1 offence (s.17, life); carrying one with intent to commit an indictable offence (s.18, life). Imitations count for ss.16A to 18.
- Firearm in a public place (s.19): a loaded shotgun, an air weapon, any other firearm with suitable ammunition, or an imitation, unless the person proves lawful authority or reasonable excuse. Maximum 7 years, but 12 months for an imitation and 6 months (summary only) for an air weapon.
- Prohibited persons (s.21): custody of 3 years or more means a lifetime ban on possessing a firearm or ammunition; custody of 3 months to under 3 years, a 5-year ban from release; a suspended sentence of 3 months or more, 5 years from sentence. Maximum 5 years.
Air weapons and imitations
Air weapons need no certificate unless over 6 ft lb for a pistol or 12 ft lb otherwise (Firearms (Dangerous Air Weapons) Rules 1969); those using a self-contained gas cartridge are prohibited (s.5(1)(af)). Making, modifying, selling or importing a realistic imitation firearm is a summary offence (Violent Crime Reduction Act 2006 s.36).
Strict liability
Possession under ss.1 and 5 is strict liability. It is no defence that the person did not know the item was a firearm, did not know what was in a bag or box, or thought it was something innocent (R v Zahid [2010] EWCA Crim 2158). The issues are usually classification and possession.
Minimum sentence
For the main s.5 weapons (not s.5(1)(b) sprays and stun guns), and intent, public place and trespass offences involving them, the court must impose at least 5 years if the offender was 18 or over when the offence was committed, or 3 years if 16 or 17 then, unless exceptional circumstances relating to the offence or offender justify less (Sentencing Act 2020 s.311 and Sch.20). It does not apply to under-16s. A guilty plea cannot reduce the sentence below it.
In practice
Forensic classification of the weapon often decides whether the minimum applies. Early advice matters.
Read the full guide on theodorous.uk
Authorities: Firearms Act 1968 ss.1, 2, 4, 5, 16, 16A, 17, 18, 19, 21, Sch.6; Firearms (Dangerous Air Weapons) Rules 1969 (S.I. 1969/47) r.2; Violent Crime Reduction Act 2006 s.36; Sentencing Act 2020 ss.73, 311 and Sch.20; R v Zahid [2010] EWCA Crim 2158; Sentencing Council, Firearms offences definitive guidelines (in force 1 January 2021), including Possession of prohibited weapon and Carrying in a public place