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Possession of a firearm without certificate

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

Weapons and firearms

Possession of a firearm without certificate

Firearms Act 1968, s.1

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the statute and Sentencing Council guideline for the current maximum — a scraped figure on this entry was truncated and withdrawn.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.

View definitive guideline ↗

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.

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.