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Possession of firearm by prohibited person

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

Weapons and firearms

Possession of firearm by prohibited person

Firearms Act 1968, s.21

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

Triable
Either way
Maximum penalty
5 years’ custody

Actus reus

  • Have a firearm or ammunition in possession while prohibited under Firearms Act 1968, s.21 (sentence-length and order-based bars — read the subsection that fits the client’s sentence).

Mens rea

  • Knowledge of possession of the firearm or ammunition. The prohibition is a status created by the sentence or order.

Defences

Not a prohibited person under the charged s.21 limb · Article not a firearm or ammunition for s.21 · No possession

Sentencing Council

Sentencing Council guideline effective 01 January 2021. Offence range: Discharge – 4 years’ custody.

View definitive guideline ↗

At the police station

Get the previous sentence dates and length. Suspended sentences have their own five-year bar in s.21 — do not guess the limb.

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.