Weapons and firearms
Possession of a firearm without certificate
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the statute and Sentencing Council guideline for the current maximum — a scraped figure on this entry was truncated and withdrawn.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
- Possess, purchase or acquire a s.1 firearm or s.1 ammunition without holding a firearm certificate in force, or otherwise than as authorised by the certificate, or (ammunition) in excess of the authorised quantity (Firearms Act 1968, s.1(1)).
- s.1 does not apply to a qualifying shot gun or to an air weapon (s.1(3)) — those have other controls.
Mens rea
- Knowledge of possession of the firearm or ammunition. Certificate and exemption are the usual issues, not a hidden intent element.
Defences
Valid certificate covering that firearm/ammunition · Statutory exemption · Article is a qualifying shot gun or air weapon (wrong section) · No possession
Sentencing Council
Sentencing Council guideline effective 01 January 2021. Offence range: Discharge – 4 years 6 months’ custody.
At the police station
Ask for the certificate and the serial/caliber. Shotgun certificate cases are s.2, not s.1.
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.1 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Offensive weapons, knives and firearms ↗