The Law on Firearms Offences

There are many firearms related offences. The most typical offences arising for our clients are listed below:

Possession of Firearms and Shotguns without a Certificate – Section 1 and 2, Firearms Act 1968.

It is an offence to possess/purchase/acquire a firearm/shotgun without a certificate or to fail to comply with the conditions of the certificate. 

Manufacture, sale and transfer of firearms - Section 3 Firearms 1968 Act 

It is an offence if, by way of trade or business and without being registered as a firearms dealer, a person:

• manufactures, sells, transfers, repairs, tests or proves to any firearms or ammunition or a shot gun (limited exceptions apply);
• exposes for sale or transfer, or has in his possession for sale, transfer, repair, test or proof, any such firearms or ammunition or a shot gun; or
• sells or transfers an air weapon, exposes such a weapon for sale or transfer or has such a weapon in his possession for sale or transfer.

Conversion – Section 4 Firearms Act 1968 

It is an offence to shorten the barrel of a shotgun to a length less than 24 inches, subject to an exception relating to the replacement of a barrel.

It is also an offence if a person other than a registered firearms dealer converting into a firearm anything which has the appearance of being a firearm, but which was originally incapable of discharging any missile through its barrel.

Possession of articles for conversion of imitation firearms - Section 4A of the Firearms Act 1968

It is an offence if a person other than a registered firearms dealer having in their possession or under their control any article that is capable of being used (whether by itself or with other articles) to convert an imitation firearm into a firearm with intent to use that article for that purpose.

Possession of Prohibited Weapons - Section 5 of the Firearms Act 1968 

It is an offence to possess, purchase or acquire without authority any of the weapons and ammunition which are known as prohibited weapons and prohibited ammunition by law.

It is also an offence to manufacture, sell or transfer, any prohibited weapons or ammunition without authority.

See the sentencing guidelines below for a list of prohibited items.

Importation of Firearms - Section 170 (1) of the Customs and Excise Management Act 1979 

It is an offence to knowingly acquire possession of any goods with respect to the importation or exportation of which any prohibition or restriction is for the time being in force under or by virtue of any enactment; or to be in any way knowingly concerned in carrying, removing, depositing, harbouring, keeping or concealing or in any manner dealing with any such goods; where that person does so with intent to evade any such prohibition or restriction with respect to those good.

Further Criminal Use of Firearms
www.cps.gov.uk/legal-guidance/firearms

The Law on Offensive Weapons

We represent many clients arrested/charged with possessing an offensive weapon or a bladed article in a public place.

Possession of an Offensive Weapon in a Public Place – Section 1 and 1A Prevention of Crime Act 1953.

An offensive weapon is as “any article made or adapted for use for causing injury to the person or intended by the person having it with him for such use by him or by some other person”.

There are three categories of offensive weapon:

• Offensive per se i.e. those items made for the use of causing injury to the person. Examples are a truncheon, a rice flail, a butterfly knife.
• Adapted for use. The example given in the case of Simpson was of a bottle deliberately broken.
• Intended by the person having it with him for use for causing injury to the person. This definition includes defensively as well as offensively.

It is an offence to have an offensive weapon without lawful authority/reasonable excuse in a public place.

Threaten with an Offensive Weapon – Section 1A Prevention of Crime Act 1953

It is an offence to have an offensive weapon (see above) in a public place and to unlawfully and intentionally threaten another person with the weapon, in a way that there was immediate risk of serious physical harm to that person.

Possession an article with blade or point in a public place – Section 139 Criminal Justice Act 1988

It is an offence to have (knowledge of and to have to hand i.e. a few feet away) any article which has a blade or is sharply pointed (except a folding pocketknife, unless the blade of the folding pocketknife exceeds 3 inches (7.62cm) without good reason/lawful authority in public place.

The Law on Bladed Articles

Possession of Bladed/Pointed Article in a Public Place – Section 139 Criminal Justice Act 1988

It is an offence to:

• Have with you
• Without good reason/lawful authority
• An article being bladed/sharply pointed
• A public place

Have with You

The prosecution needs to prove a knowledge of the existence of the article.  That the article was to hand and ready for use (it can be a few feet away, it does not need to be physically on the person

Good Reason/Lawful Authority

This would include for use at work, religious reasons or as part of a national costume.

Article

Any article which as a blade or is sharply pointed, including a folding pocket knife if the cutting edge of the blade exceeds 3 inches (7.62cm).  A folding pocket knife does not include a lock knife, regardless of the length of the blade.

Public Place

Includes any place to which at the material time the public have or are permitted access, whether on payment or otherwise.

Firearm Offences
https://www.sentencingcouncil.org.uk/sentencing-and-the-council/about-sentencing-guidelines/about-published-guidelines/firearms-offences/

Offensive Weapons
www.sentencingcouncil.org.uk/offences/crown-court/item/bladed-articles-and-offensive-weapons-possession

Sentencing Guidelines

The sentencing guidelines are set out here.

There are minimum terms for second or further relevant offences.

When sentencing the offences of:

• having an offensive weapon in a public place;
• having an article with a blade/point in a public place;
• having an offensive weapon on school premises; and
• having an article with blade/point on school premises

A court must impose a sentence of at least 6 months’ imprisonment where this is a second or further relevant offence unless:

• (If the offence was committed on or after 28 June 2022) the court is of the opinion that there are exceptional circumstances which relate to any of the offences or to the offender, and justify not doing so; or
• (If the offence was committed before 28 June 2022) the court is of the opinion that there are particular circumstances relating to the offence, the previous offence or the offender which make it unjust to do so in all the circumstances.

A ‘relevant offence’ includes those offences listed above and the following offences:

• threatening with an offensive weapon in a public place;
• threatening with an article with a blade/point in a public place;
• threatening with an article with a blade/point on education premises; and
• threatening with an offensive weapon on education premises.

We accept instructions on a private basis. We also conduct work funded through the Legal Aid system, however we do not take on all publicly funded cases and not all lawyers in the firm are available for this work. Please contact us to discuss private case costs and eligibility for legal aid.