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Possession of a prohibited weapon

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

Weapons and firearms

Possession of a prohibited weapon

Firearms Act 1968, s.5

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

Triable
Either way
Maximum penalty
10 years’ custody

Actus reus

  • Possess, purchase, acquire, manufacture, sell or transfer a weapon or ammunition in the s.5 prohibited list (automatic weapons, short firearms, disguised firearms, specified ammunition, and the other listed articles — read the charged paragraph).

Mens rea

  • Knowledge of possession of the article. Whether the accused must know it is a prohibited type is not something we will invent here — prove possession of the thing specified in the charge and read current CPS firearms guidance on the mental element.

Defences

Article not a s.5 prohibited weapon or ammunition · Authority / exemption under the Act · No possession / no knowledge of the article

Sentencing Council

Sentencing Council guideline effective 01 January 2021. Offence range: Discharge – 10 years’ custody.

View definitive guideline ↗

At the police station

s.5 is a long list. Identify the exact paragraph (e.g. disguised firearm, self-loading, bump stock). Do not treat every gun as s.5.

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

Back to the full offences index

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.