Weapons and firearms
Possession of a prohibited weapon
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.
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.
- Statute:Firearms Act 1968, s.5 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Offensive weapons, knives and firearms ↗