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the statute and Sentencing Council guideline for the current maximum — a scraped figure on this entry was truncated and withdrawn.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.
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.