What Are Firearms Offences?

What Are Firearms Offences?

Firearms offences encompass a range of activities related to the illegal possession, purchase, or use of firearms and ammunition. Under UK law, unless you have a specific exemption, it is illegal to:

• Possess or Purchase a Firearm: Without holding a valid firearm certificate.
• Possess or Purchase Ammunition: Without holding a valid firearm certificate.

These are strict liability offences, meaning the prosecution does not need to prove intention, negligence, or state of mind. For example, if you are asked to hold a bag containing a gun and are found with it, you can be found guilty even if you were unaware of its contents.

Types of Firearms Offences

1. Possession of a Firearm with Intent to Endanger Life
   • Possessing any firearm or ammunition with the intention of endangering life or causing serious property damage, or facilitating another person to do so, is a criminal offence, regardless of whether any harm has occurred.
2. Carrying a Firearm in a Public Place
   • Carrying a loaded gun, loaded air weapon, or any firearm (loaded or not) with suitable ammunition in a public place without lawful authority or a valid reason is illegal.
3. Possession of Firearms by Persons Previously Convicted of Crime
   • An individual who has been sentenced to preventive detention or imprisonment for three years or more is prohibited from possessing a firearm or ammunition at any time.
4. Carrying a Firearm with Criminal Intent
   • Possessing a firearm or imitation firearm with the intent to commit an indictable offence, resist arrest, or prevent the arrest of another person constitutes a criminal offence.

Sentencing for Firearms Offences

Sentencing for firearms offences varies based on several factors, including the type of firearm, intent, and whether the charge carries a statutory minimum sentence. Key considerations include:

• Statutory Minimum Charges: These can range from a minimum of 5 years to 8 years, depending on the type of firearm and intent.
• Non-Statutory Charges: Sentences can range from non-custodial to up to 3 years.
• Lesser Charges: Carrying a firearm in a public place can result in a maximum sentence of 2 years.
• Serious Charges: Possession with intent to endanger life can result in a maximum sentence of 18 years.

What to Do if Arrested for Firearms Offences

If you’ve been arrested for firearms offences, it’s crucial to seek advice from a solicitor experienced in firearms cases. Our team of dedicated criminal law specialists has extensive experience in handling firearms cases, ranging from simple possession to possession with intent to endanger life.  

Additional external information

Sentencing guidelines for firearms offences Firearms Act 1968 Disposing of firearms