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Firearms — transfer and manufacture

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

Weapons and firearms

Firearms — transfer and manufacture

Firearms Act 1968 (transfer/manufacture provisions; check charged section)

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

Triable
See guideline / charging decision
Maximum penalty
Life imprisonment

Actus reus

  • The stored entry is not one section. Typical charges are dealing by way of trade (FA 1968, s.3), or manufacturing/selling/transferring a prohibited weapon (s.5). Read the charged section.

Mens rea

  • Depends on the charged section. Do not assume a single intent for “manufacture/transfer”.

Defences

Conduct not within the charged section · Authority / certificate / exemption · Deny the act / possession

Sentencing Council

Sentencing Council guideline effective 01 January 2021. Offence range: 3 – 28 years’ custody.

View definitive guideline ↗

At the police station

This page stays short because the charge sheet has to name the section. s.3 and s.5 are different offences.

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.