Firearms Offences

Before explaining what is included under the term ‘firearm offence’, let’s focus on what exactly is a firearm. According to section 57(1) of the Firearm Act from 1968, a firearm is “a lethal barrelled weapon or a prohibited weapon […] of any description from which a shot, bullet or other missiles, with the kinetic energy of more than one joule at the muzzle of the weapon, can be discharged.”

You can be convicted of a firearm offence if you:

• illegally possess a firearm
• possess an imitation firearms
• were previously convicted of a crime and possess a firearm
• carry either a real firearm or its imitation with the intention of committing an indictable offence or resisting arrest or preventing the arrest of another person
• illegally convert weapons
• illegally import weapons
• possess a firearm, and you intend to cause fear or violence
• enter a building or part of a building as a trespasser without reasonable excuse whilst having a firearm or an imitation of one

Keep in mind that in order to charge someone with a possession offence, prosecutors only need to show that the defendant’s illegal possession of firearms – they don’t need to prove that the defendant knew what it was. This is one of the reasons why getting help from experienced solicitors before being interviewed by the police is crucial.

Sentences vary according to the type of firearms offence committed. As of January 2021, eight new sentencing guidelines have started to be applied. For the first time, judges and magistrates in England and Wales have dedicated sentencing guidelines for firearms offences. In accordance with the Firearms Act 1968, the following sentences apply:

Offence & Maximum sentence

• Possession, purchase or acquisition of a prohibited weapon or ammunition – sections 5(1), 5(1A)10 years imprisonment
• Possession, purchase or acquisition of a firearm/ammunition/shotgun without a certificate – sections 1(1), 2(1)Up to 7 years imprisonment
• Possession of a firearm or ammunition by a person with previous convictions prohibited from possessing a firearm or ammunition – section 21(4), 21(5)5 years imprisonment
• Carrying a firearm in a public place – section 19Up to 7 years imprisonment, depending on the type of weapon
• Possession of a firearm with intent to endanger life – section 16Life imprisonment
• Possession of firearm or imitation firearm with intent to cause fear of violence – section 16A10 years imprisonment
• Use of firearm or imitation firearm to resist arrest/possession of firearm or imitation firearm while committing a Schedule 1 offence/carrying firearm or imitation firearm with criminal intent – sections 17(1), 17(2), 18Life imprisonment
• Manufacture/sell or transfer/possess for sale or transfer/purchase or acquire for sale or transfer prohibited weapon or ammunition – section 5(2A)Life imprisonment

The introduction of new sentencing guidelines might raise a question – How did the magistrates and judges sentence people for firearms offences before that? Well, the length of the sentence was dependent on several factors, including:

• Defendant’s involvement in the crime
• What sort of weapon was involved – Was it modified? Was the weapon loaded at the time of the criminal offence?
• Level of remorse
• Defendant’s record – usually people who were already convicted of a crime (especially premeditated and violent one) receive higher sentences
• Cooperation with the police
• Defendant’s medical record – whether they have any disabilities or disorders

Yes, it is possible. By entering a guilty plea either before or during the first hearing, you can reduce your sentence even by one third. Keep in mind that the longer you wait to enter a guilty plea, the smaller the sentence reduction will be.