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Firearms offences are an increasing concern in the UK, and most come with significant maximum penalties if you are convicted. One of the fastest-growing areas is possession of imitation firearms, which is a criminal offence even if the imitation firearm is not capable of firing. Sentencing guidelines for these offences recommend a steep maximum sentence and, if you are suspected or accused of an offence under the Firearms Act 1968, it is vital to seek legal representation urgently.
You may face the prospect of a lengthy prison sentence if you do not have the right legal team fighting your corner. At Tyler Hoffman, our firearms solicitors have a wealth of knowledge and experience in defending allegations of possessing illegal firearms and prohibited weapons, along with other related offences under the Firearms Act. We offer expert legal advice and services throughout an investigation and any court proceedings that may follow.
Offences of this nature rely heavily on cell site analysis, fingerprints and DNA. Our solicitors can review and challenge the prosecution's evidence, or represent you during sentencing and present mitigating circumstances that could reduce the penalties you face, even for offences with a mandatory minimum sentence. Get in touch with our knowledgeable firearms lawyers today.
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Firearms offences are governed primarily by the Firearms Act 1968 and its subsequent amendments. For the purposes of this law, a firearm is defined as a lethal barrelled weapon, although the legislation also lists prohibited weapons that are not firearms but which are subject to the same restrictions. Imitation firearms are also subject to the rules if they look sufficiently like firearms, whether or not they are actually capable of discharging a shot, bullet or projectile.
Some of the most common firearms offences include:
Under Section 1 of the Firearms Act 1968, it is an offence to possess, purchase or acquire a firearm or ammunition without holding a valid firearm certificate issued by the police. This includes rifles and shotguns not covered by a shotgun certificate.
Under Section 19 of the Firearms Act 1968, it is an offence to carry a firearm in a public place without lawful authority or reasonable excuse, whether loaded or not. This applies to both real firearms and imitation firearms.
Possessing an imitation firearm with intent to cause fear of violence or to commit an indictable offence is an offence under Section 16A of the Firearms Act 1968. Imitation firearms are frequently used in robbery or threats, even though they cannot fire live ammunition.
This offence is covered under Section 16 of the Firearms Act 1968. The prosecution must show that the defendant intended to endanger life by using the firearm. This includes discharging a firearm during the commission of another crime. There are related offences for firearms brandished in specific contexts - for example, it is a specific offence to use a firearm to resist arrest under Section 17(2) of the Firearms Act 1968. This is treated very seriously due to the increased threat to public safety and emergency services.
Converting imitation or blank-firing weapons into live firearms is a serious offence for anyone other than a registered firearms dealer. It often arises in cases involving illegal gun manufacturing or trade, where imitation firearms are modified to enable them to function as a real firearm. In addition to this specific offence, this activity may be prosecuted under sections covering possession, manufacture or distribution of prohibited weapons.
Possessing ammunition without the correct certification or for a prohibited weapon is an offence, even if the individual does not have a firearm in their possession. This often arises in parallel with illegal firearm possession charges.
While firearms offences are already serious, they may also accompany prosecutions under the Serious Crime Act 2007 or the Misuse of Drugs Act 1971, depending on the circumstances of the alleged offence. Related charges like possession with intent to supply drugs while in possession of a firearm can increase sentencing severity and, as such, it is vital to seek legal advice at your earliest opportunity.
Each firearm offence comes with a different maximum sentence, and the penalty you will receive if convicted depends on the circumstances of the offence and any mitigating or aggravating factors relating to these circumstances. Many firearms charges are indictable offences only, meaning that they cannot be tried as summary offences, and carry long custodial sentences - in many cases, life imprisonment is a possibility.
For example, possession of a prohibited firearm is charged under Section 5, Firearms Act 1968), and comes with a maximum sentence of life imprisonment, and a mandatory minimum penalty of 5 years’ imprisonment for adults aged 18 and over, unless there are exceptional circumstances.
Related offences such as possession with intent to endanger life and possession with intent to commit an indictable offence also come with life imprisonment as the maximum penalty, as these are among the most serious firearms offences. The latter generally refers to the use of a firearm in the commission of robbery, burglary, or another serious crime. Possession can include a range of weapons and none of these offences require that the firearm was actually discharged for the maximum sentence to be carried out.
Possession of a firearm with intent to cause fear of violence has a maximum sentence of 10 years’ imprisonment, while carrying a firearm in a public place without lawful authority or reasonable excuse can result in a a seven-year custodial sentence. Possession of a firearm without a certificate can lead to five years in prison or a fine, depending on the circumstances.
These are not the only firearms offences and some may be charged in connection with others, which can increase the possible sentence. Sentencing guidelines take into account harm and culpability to determine appropriate sentence ranges, but there are also aggravating factors that can increase the penalties you might receive. For example:
Persons previously convicted of a criminal offence, whether related to possession of a firearm or not, may also face a stricter punishment based on these guidelines.
The Firearms Act contains a list of prohibited weapons which, alongside firearms, are subject to restrictions under the law. These prohibited weapons are generally considered too dangerous for general ownership and are banned except under specific authority from the Home Office (typically for law enforcement, military, or limited research and museum use).
There are several categories of weapons that are covered by this law:
Ownership of these weapons is not permitted under any civilian circumstances.
Speak to a solicitor if you have any concerns about owning a firearm in your particular circumstances, or for help in determining whether you have the appropriate documentation in place. Possessing a prohibited weapon without proper authorisation is an indictable-only offence and carries a mandatory minimum sentence of 5 years' imprisonment for adults, unless there are exceptional circumstances. As such, there are significant risks involved unless the relevant certificates are in place.
Defending a firearms charge involves examining both the factual and legal basis of the prosecution’s case, and identifying any procedural, evidential or statutory grounds through which we can contest the offence. The appropriate defence depends on factors like the specific charge, the type of weapon involved, the defendant’s intent and their knowledge of the firearm’s existence or condition.
A solicitor can advise you of suitable defences in your case, based on the specific firearms offence you are accused of. In general, some of the possible defences that might be used include:
In some circumstances, a person accused of an offence may have been given a bag containing a firearm without their knowledge, or may not have realised that an item was a prohibited weapon because it was disguised or concealed. For such offences, a lack of knowledge may be put forward as a defence.
For offences that come with a mandatory minimum sentence, your solicitor may present exceptional circumstances that, if accepted by the court, may enable you to avoid the five-year minimum custodial sentence. Examples of defences that may be used in these cases include:
The burden is on the defence to prove such circumstances on the balance of probabilities. Given the complexity of firearms law, defending a charge requires expert legal representation. The team at Tyler Hoffman can help you to secure expert forensic or ballistic evidence, challenge the prosecution’s classification of the weapon or ammunition, and present mitigating circumstances that will make sure your sentence is not overly harsh.
For more information about how Tyler Hoffman can help you with your firearm offence accusation, simply call our 24/7 accessible law firm today for an initial consultation on 03300 536786, or fill out the contact form on this page to submit your query and arrange for a call from us at a time convenient for you.
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