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Firearms — importation

Weapons and firearms — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Weapons and firearms

Firearms — importation

Customs and Excise Management Act 1979 / Firearms Act 1968 (as charged)

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Either way
Maximum penalty
See the statute and Sentencing Council guideline for the current maximum — a scraped figure on this entry was truncated and withdrawn.

Actus reus

  • Usually CEMA 1979 s.50 (unshipping/landing/importing contrary to a prohibition) or s.170 (knowingly concerned in fraudulent evasion of a prohibition), with the prohibition coming from the Firearms Act. Check the charged section.

Mens rea

  • s.50/s.170 require an intent to evade the prohibition (or, for s.170(1), intent to evade / defraud as drafted). “Knowingly concerned” is the s.170(2) wording.

Defences

No importation / not concerned in it · No intent to evade the prohibition · Goods not subject to the alleged prohibition

Sentencing Council

Sentencing Council guideline effective 01 January 2022. Offence range: Fine – 28 years’ custody.

View definitive guideline ↗

At the police station

Border seizures are often s.170. Confirm whether the prohibition is firearms or something else on the same indictment.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Weapons and firearms

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.