What are the most common firearms offences under the Firearms Act?

Firearms offences are governed primarily by the Firearms Act 1968 and its subsequent amendments. For the purposes of this law, a firearm is defined as a lethal barrelled weapon, although the legislation also lists prohibited weapons that are not firearms but which are subject to the same restrictions. Imitation firearms are also subject to the rules if they look sufficiently like firearms, whether or not they are actually capable of discharging a shot, bullet or projectile.

Some of the most common firearms offences include:

Possession of a firearm without a certificate

Under Section 1 of the Firearms Act 1968, it is an offence to possess, purchase or acquire a firearm or ammunition without holding a valid firearm certificate issued by the police. This includes rifles and shotguns not covered by a shotgun certificate.

Carrying a firearm in a public place

Under Section 19 of the Firearms Act 1968, it is an offence to carry a firearm in a public place without lawful authority or reasonable excuse, whether loaded or not. This applies to both real firearms and imitation firearms.

Possession of an imitation firearm

Possessing an imitation firearm with intent to cause fear of violence or to commit an indictable offence is an offence under Section 16A of the Firearms Act 1968. Imitation firearms are frequently used in robbery or threats, even though they cannot fire live ammunition.

Possession of a firearm with intent to endanger life

This offence is covered under Section 16 of the Firearms Act 1968. The prosecution must show that the defendant intended to endanger life by using the firearm. This includes discharging a firearm during the commission of another crime. There are related offences for firearms brandished in specific contexts - for example, it is a specific offence to use a firearm to resist arrest under Section 17(2) of the Firearms Act 1968. This is treated very seriously due to the increased threat to public safety and emergency services.

Modification or conversion of firearms

Converting imitation or blank-firing weapons into live firearms is a serious offence for anyone other than a registered firearms dealer. It often arises in cases involving illegal gun manufacturing or trade, where imitation firearms are modified to enable them to function as a real firearm. In addition to this specific offence, this activity may be prosecuted under sections covering possession, manufacture or distribution of prohibited weapons.

Unlawful possession of ammunition

Possessing ammunition without the correct certification or for a prohibited weapon is an offence, even if the individual does not have a firearm in their possession. This often arises in parallel with illegal firearm possession charges.

While firearms offences are already serious, they may also accompany prosecutions under the Serious Crime Act 2007 or the Misuse of Drugs Act 1971, depending on the circumstances of the alleged offence. Related charges like possession with intent to supply drugs while in possession of a firearm can increase sentencing severity and, as such, it is vital to seek legal advice at your earliest opportunity.

What is the maximum sentence for firearms offences?

Each firearm offence comes with a different maximum sentence, and the penalty you will receive if convicted depends on the circumstances of the offence and any mitigating or aggravating factors relating to these circumstances. Many firearms charges are indictable offences only, meaning that they cannot be tried as summary offences, and carry long custodial sentences - in many cases, life imprisonment is a possibility.

For example, possession of a prohibited firearm is charged under Section 5, Firearms Act 1968), and comes with a maximum sentence of life imprisonment, and a mandatory minimum penalty of 5 years’ imprisonment for adults aged 18 and over, unless there are exceptional circumstances.

Related offences such as possession with intent to endanger life and possession with intent to commit an indictable offence also come with life imprisonment as the maximum penalty, as these are among the most serious firearms offences. The latter generally refers to the use of a firearm in the commission of robbery, burglary, or another serious crime. Possession can include a range of weapons and none of these offences require that the firearm was actually discharged for the maximum sentence to be carried out.

Possession of a firearm with intent to cause fear of violence has a maximum sentence of 10 years’ imprisonment, while carrying a firearm in a public place without lawful authority or reasonable excuse can result in a a seven-year custodial sentence. Possession of a firearm without a certificate can lead to five years in prison or a fine, depending on the circumstances.

These are not the only firearms offences and some may be charged in connection with others, which can increase the possible sentence. Sentencing guidelines take into account harm and culpability to determine appropriate sentence ranges, but there are also aggravating factors that can increase the penalties you might receive. For example:

• Use or threat of violence.
• Prior convictions.
• Gang association.
• Firearms used in conjunction with drug offences.

Persons previously convicted of a criminal offence, whether related to possession of a firearm or not, may also face a stricter punishment based on these guidelines.

What are prohibited weapons?

The Firearms Act contains a list of prohibited weapons which, alongside firearms, are subject to restrictions under the law. These prohibited weapons are generally considered too dangerous for general ownership and are banned except under specific authority from the Home Office (typically for law enforcement, military, or limited research and museum use).

There are several categories of weapons that are covered by this law:

• Handguns (pistols and revolvers): All handguns are generally prohibited, regardless of calibre, barrel length or firing mechanism. Some very specific types (such as antique weapons) may be exempt under strict conditions.
• Automatic and semi-automatic centre-fire rifles: Fully automatic weapons that are capable of continuous fire while the trigger is held are prohibited, as are burst-fire weapons. Semi-automatic centre-fire rifles, which fire one round per trigger pull using centre-fire ammunition, are also banned, although other types of semi-automatic rifle may be owned with the correct certificate.
• Short-barrelled shotguns: Shotguns with barrels less than 24 inches or an overall length less than 40 inches are prohibited unless specially authorised. This includes pump-action or self-loading shotguns that fall outside the definitions for permitted sporting use. Longer-barrelled shotguns may be permitted with a valid certificate.
• Military weapons and explosives: All of the following types of weapons are prohibited under this category:
  • Rocket launchers.
  • Mortars.
  • Grenade launchers.
  • Machine guns.

Ownership of these weapons is not permitted under any civilian circumstances.

• Tranquillising guns and dart-firing weapons: Weapons designed to administer tranquilising or incapacitating substances via darts or needles are prohibited unless specifically authorised for veterinary use.
• CS gas, pepper spray, stun guns and tasers: These are considered prohibited firearms and possession of them without specific authority is treated as a firearms offence, including products that are in common use by civilians in other countries.
• Converted weapons: Imitation or blank-firing guns that have been converted (or are readily convertible) into live-firing weapons are treated as prohibited firearms.
• Armour-piercing, explosive, or incendiary ammunition: Possession of specialist ammunition that is designed to cause higher damage or penetrate armour is prohibited, including:
  • Explosive bullets.
  • Incendiary bullets.
  • Armour-piercing bullets.
  • Expanding handgun ammunition.

Speak to a solicitor if you have any concerns about owning a firearm in your particular circumstances, or for help in determining whether you have the appropriate documentation in place. Possessing a prohibited weapon without proper authorisation is an indictable-only offence and carries a mandatory minimum sentence of 5 years' imprisonment for adults, unless there are exceptional circumstances. As such, there are significant risks involved unless the relevant certificates are in place.

What are the possible defences for firearms charges?

Defending a firearms charge involves examining both the factual and legal basis of the prosecution’s case, and identifying any procedural, evidential or statutory grounds through which we can contest the offence. The appropriate defence depends on factors like the specific charge, the type of weapon involved, the defendant’s intent and their knowledge of the firearm’s existence or condition.

A solicitor can advise you of suitable defences in your case, based on the specific firearms offence you are accused of. In general, some of the possible defences that might be used include:

• Lack of knowledge or intent: A central defence in many firearms prosecutions is the absence of knowledge or intention. The prosecution must prove the defendant:
  • Knew they were in possession of a firearm or prohibited item.
  • Knew (or ought reasonably to have known) the nature of the item.

In some circumstances, a person accused of an offence may have been given a bag containing a firearm without their knowledge, or may not have realised that an item was a prohibited weapon because it was disguised or concealed. For such offences, a lack of knowledge may be put forward as a defence.

• Reasonable excuse: Some offences allow a defence based on a reasonable excuse. For example, an alleged offence of carrying a firearm in a public place may be defended on the basis that the person was transporting the firearm to a licensed shooting range, or surrendering it to authorities, and therefore had a reasonable excuse for possession. This must be assessed objectively and contextually, and there are limited excuses that can be relied upon. Carrying a gun for personal protection would not amount to a reasonable excuse, for example.
• Possession of an imitation firearm: While firearms and imitation firearms are subject to similar restrictions under the law, a defence may be available for certain charges if the item in question is only an imitation firearm.
• Technical challenges: Firearms law is highly technical and cases are based on very specific requirements. A defence may involve challenging whether the item meets the legal definition of a firearm, and whether modifications or design features bring it within prohibited categories. Expert ballistic or engineering evidence may be required to support this line of defence, or to challenge the prosecution's evidence. Challenging evidence is also a vital way to mount a defence in firearms cases, which may be dismissed or weakened if we can show that the police obtained evidence unlawfully, there was a break in the chain of custody for the weapon or the Crown Prosecution Service failed to disclose evidence that might undermine the prosecution or assist the defence.
• Duress: A defendant may argue that they were compelled to possess or transport the firearm due to threats of serious harm if they did not comply. This may also be presented as a mitigating factor, although it is difficult to prove and will not be accepted for the most serious offences.

For offences that come with a mandatory minimum sentence, your solicitor may present exceptional circumstances that, if accepted by the court, may enable you to avoid the five-year minimum custodial sentence. Examples of defences that may be used in these cases include:

• Possession for a very short period.
• Genuine attempt to surrender the weapon.
• No evidence of criminal intent or use.

The burden is on the defence to prove such circumstances on the balance of probabilities. Given the complexity of firearms law, defending a charge requires expert legal representation. The team at Tyler Hoffman can help you to secure expert forensic or ballistic evidence, challenge the prosecution’s classification of the weapon or ammunition, and present mitigating circumstances that will make sure your sentence is not overly harsh.

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