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Firearms Legislation

Under the Firearms Act 1968 (the Act), section 1, it is an offence to carry a firearm or ammunition without a valid firearms certificate.

A firearm is defined as:

• A lethal barrelled weapon – further defined in the Act as a barrelled weapon of any type in which a shot, bullet or other missile, with kinetic energy of more than one joule at the muzzle of the weapon, can be discharged
• A prohibited weapon – this includes (but is not limited to) a pump-action gun, rocket launcher, semi-automatic or automatic gun, or an object designed or modified to discharge gas or noxious liquid
• A relevant component part in relation to a lethal barrelled weapon or a prohibited weapon
• An accessory to a lethal barrelled weapon or a prohibited weapon where the accessory is designed or adapted to diminish the noise or flash caused by firing the weapon

Imitation Firearm Offences

Imitation firearms fall into two categories:

• An object which has the appearance of a firearm but it is incapable of discharging any shot, bullet, or missile; or
• An imitation firearm which can be quickly converted into a real one

Under the Act, it is an offence to carry an imitation weapon with the intent to commit a criminal offence, resist arrest or prevent the arrest of another person.

Possession of an imitation firearm is an ‘either way’ offence. This means it can be tried as a summary offence in the Magistrates Court or an indictable offence in the Crown Court. If found guilty of a summary offence, the defendant faces a sentence of up to six months imprisonment (this will be increased to 12 months when the Criminal Justice Act 2003, section 154 comes into force) and/or an unlimited fine. If found guilty of an indictable offence, a sentence of up to five years imprisonment can be imposed and/or an unlimited fine.

Sentences for Possession of a Firearm

For anyone over the age of 18 convicted of specific types of firearms offences (those listed in s51A Firearms Act 1968 – possession of most types of gun and some ammunition, as well as the aggravated forms of the offences), they are liable to a minimum sentence of 5 years’ imprisonment, unless there are ‘exceptional circumstances relating to the offence or offender which justify its not doing so’. When deciding whether exceptional circumstances apply, the judge must consider whether handing down a sentence of five years would be arbitrary and/or disproportionate.

It is important to consider that there has been criticism directed at judges in the past for being too lenient in sentencing firearms offences. Consequently, tougher sentences may be imposed, so it is imperative that you take any firearms charges seriously and instruct an experienced solicitor to advise and represent you.

Offensive Weapons

The Court of Appeal, in the case of R v Simpson [1983] 3 All ER 789, provided three categories of an offensive weapon:

• An object made for the purposes of causing injury to a person,
• An object adapted for the purposes of causing injury, and
• An object which the person carrying it intended to use to cause injury to a person

For example, a baseball bat, on its own is not an offensive weapon. However, if it falls into category C, it becomes one. However, a military knife, such as a Fairbairn-Sykes, which is deliberately fashioned for combat (therefore designed to injure a person) would fall into category A. An example of category B is a bottle broken deliberately so it can be used to slash a person’s face or body.

If an object is made to deliberately inflict injury, the prosecution does not need to prove that the accused had an intention to cause injury, only that they were carrying the object.

Offensive Weapon Legislation

The Criminal Justice Act 1988 makes it an offence to carry a bladed article in a public place. This applies to any article which has a blade or is sharply pointed except a folding pocket knife unless, in relation to a folding pocketknife, the cutting edge of its blade exceeds 3 inches. It is a defence for an individual charged with an offence under this section to prove that he had good reason or lawful authority for having the article with him in a public place. The definition of “public place” is uncertain, but can loosely be defined as anywhere the public have a legitimate right to be. The phrase “good reason or lawful authority” is intended to allow for “common sense” possession of knives, so that it is legal to carry a knife if there is a bona fide reason to do so. Subsection 5 of the Act gives some specific examples such as a knife for use at work (e.g. a chef’s knife), as part of a national costume or for religious reasons. However, even these specific statutory exceptions have not always assisted defendants at times.

Sentences for Possession of Offensive Weapons

The maximum penalty for the offence in the Crown Court is four years’ imprisonment or a fine or both. In the Magistrates Court, the maximum penalty is six months’ imprisonment or a £5,000 fine or both.

Section 28 of and Schedule 5 to the Criminal Justice and Courts Act 2015 (CJC Act) created the minimum custodial sentence for those aged 16 and over convicted of a second or subsequent offence of possession of a knife or offensive weapon, contrary to section 1 of the Prevention of Crime Act 1953 or sections 139 and 139A of the Criminal Justice Act 1988. A previous conviction for threatening with a knife or offensive weapon, contrary to section 1A of the Prevention of Crime Act 1953 or section 139AA of the Criminal Justice Act 1988, counts as a ‘first strike’ in a similar manner to possession of a knife.

Minimum prison sentences for offenders who repeatedly carry knives came into effect on 17 July 2015. This means that those adults convicted more than once of being in possession of a bladed article face a minimum 6 month prison sentence with the maximum remaining at 4 years. Young offenders, those aged 16 and 17, will face a minimum 4 month detention and training order.

Our expert team are available on a 24-hour basis and can provide immediate legal advice and representation in relation to firearms and offensive weapon offences. For advice or assistance please use our contact form or call our office and let us assist you