The supply, possession and use of illegal firearms is a very serious offence in the UK, since firearms can cause a great deal of harm to others.

However, the legal framework for firearms is complex. For example, what may appear to an ordinary onlooker as a pistol (prohibited to own for the majority of people), may qualify as a legal firearm if modifications are made. The majority of firearms require a licence to own and operate. Owning a legal firearm without a licence or being in possession of an illegal firearm is an offence.

There are 57 separate firearms offences in the Firearms Act 1968 alone. For a full list, please see: https://www.legislation.gov.uk/ukpga/1968/27/schedule/6

What is a firearms licence and how do you get one?

With a few exceptions, a licence to own firearms certifies the holder as safe and fit to own a rifle, multi-shot shotgun and certain higher-powered air rifles. A shotgun certificate permits the holder to own shotguns holding up to 3 cartridges.

Most people cannot hold a firearm licence until they are 18 years old. To apply for a licence to own firearms, speak with your local police service.

What is the definition of a firearm?

The definition and regulation of firearms is a web of old law. For example, until 2021, certain ‘antique’ pistol firearms did not require a licence to own.

Do I need a firearms licence for every type of firearm?

No. Certain air rifles and ‘bb guns’ do not require a licence to own.

What are the most common firearms offences?

Possession of Firearms and Shotguns without a Certificate – Maximum 5 years’ custody or 7 years if the firearm is a shortened shotgun or converted.

• This offence often appears where an individual has previously owned a firearm with an appropriate licence but that licence has since expired.
  • However, the offence is aggravated significantly if the firearm is used or intended to be used for a criminal purpose.
  • As such, the sentencing range for the offence is wide – all the way from a discharge to 7 years in prison.

Possession of prohibited weapons – Maximum 10 years’ custody

• A ‘prohibited weapon’ includes firearms which cannot be licenced. These are weapons which are ‘generally’ prohibited.
  • Typical prohibited weapons include semi-automatic handguns, fully automatic or ‘burst fire’ assault weapons and pump action shotguns.
  • A full list of such items can be found at: https://www.legislation.gov.uk/ukpga/1968/27/section/5

Being in possession of a firearm with the intent to endanger life can lead to increased sentences.

Modification of imitation firearms

• This can mean altering a firearm to make it look more realistic, with the intention of using it to threaten.
  • It can also mean converting the firearm into a usable weapon.

There are many more firearms offences, including offences related to the supply of firearms. We have solicitors with experience of successfully defending in every type of firearms matter.

I have been accused of a firearms offence, what happens now?

If you have been arrested for a firearms offence, you will be taken to a police station and interviewed under caution. You have a right to free legal representation at the police station and will be offered a ‘duty’ solicitor but you can ask for a different one. You may, at this point, ask for ABV Solicitors.

You may instead be invited to a ‘voluntary’ interview. You still have the same right to legal advice at a voluntary interview.

If charged, you will then appear before the magistrates court to answer the charge.

Should you choose us, we will allocate an expert solicitor. Firearms offences can carry long prison sentences, so instructing experienced lawyers to organise your defence is very important.

If your case is already under way, or you do not have confidence in your current legal representatives, it is not too late to instruct us. Call ABV Solicitors on 0344 587 9996 to speak to one of our lawyers or visit our website at www.abvsolicitors.co.uk.