The Law, as per Section 57(1) of the Firearms Act 1968, defines a Firearm as: “... a ‘lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged. It includes: “any prohibited weapon, whether it is such a lethal weapon as aforesaid or not; and any component part of such a lethal or prohibited weapon; and any accessory to any such weapon designed or adapted to diminish the noise or flash caused by firing the weapon.”

Some Firearms may be lawfully possessed with a Firearms and Shotgun Certificate. These are issued by the police and usually permit lawful possession of a firearm, shotgun and ammunition. In order to meet conditions for possession, a person must apply to their local police force and demonstrate that they meet certain conditions, such as for sports purposes, collection purposes, or work-related reasons and they must demonstrate that they are not a risk to the general public. If the police consider a person to no longer be fit to own a firearm or they are owning one without a legitimate reason, their certificates may be revoked and their Firearms may be seized.

There a number of ways in which a person can commit an offence under the Firearms Act, for example:

Possession of a Firearm

Possession of a Firearm with Intent to Endanger Life

Possession of a Prohibited Firearm

Conspiracy to Possess a Firearm

Conspiracy to Supply a Firearm

Possession of an Imitation Firearm

Possession of an Imitation Firearm with Intent to Cause Fear of Violence

Possession of Ammunition

Possession of Ammunition with Intent to Endanger Life

If someone is charged with ‘Possession of a Firearm’, the Prosecution must prove that the person knew they had something in their possession. With charges such as ‘Conspiracy to Supply a Firearm’, the Prosecution do not have to prove that Firearms were actually supplied, a conspiracy is an agreement between two or more people to supply. In this instance, the Prosecution must prove, beyond reasonable doubt, that an agreement to supply Firearms took place. Due to this, it is not uncommon for people to face criminal proceedings based of telephone data. If you are charged with ‘Possession of an Imitation Firearm’, an imitation firearm is defined as “a thing which has the appearance of being a firearm … whether or not it is capable of discharging any shot, bullet or other missile.” When considering whether “a thing” has the appearance of a Firearm.

When it comes to Sentencing for Firearms Offences, a number of questions can be referred to in order to determine an appropriate sentence, such as:

What kind of weapon was involved? There are significant differences between an imitation weapon and a genuine weapon, as there are differences between a loaded weapon and an unloaded weapon.

Was the weapon loaded?

Was the weapon used visibly in a public place?

What was the intention of the Defendant? If there is evidence of premeditated use, the offence will be deemed as more serious.

Was the Defendant in possession of more than one weapon?

Was the weapon intended for sale or supply?

Does the Defendant have any previous convictions relating to a similar offence? If the Defendant has an established history of similar offences or violent offences, the penalty may be more severe.

Was the weapon seized in relation to drug dealing, gang association or organised criminal activity?

Was anybody injured, or did anybody anticipate injury?

Mitigating Factors may also be into consideration during sentencing. Mitigating aspects can influence the Judge over the sentence they will pass. A main factor that a Judge will take into consideration when passing a sentence is the nature and level of a Defendant’s remorse. Other examples include:

Previous convictions, or lack thereof

A Defendants level of co-operation with the Investigation

Good character or reputation of a Defendant

Whether there are any Mental Health Disorders or Learning Disabilities that the Defendant has been diagnosed with

Whether the Defendant is the sole or primary carer for dependants.