Firearms Offences Solicitor Birmingham

The principal legislation is the Firearms Act 1968, as amended. Offences range from possession of a prohibited weapon through to use of a firearm to resist arrest. Key offences include:

Possession of a prohibited weapon (section 5 Firearms Act 1968) — Prohibited weapons include automatic weapons, certain handguns, firearms disguised as other objects, and weapons designed to discharge noxious substances. Possession of a section 5 prohibited weapon without authority carries a mandatory minimum sentence of 5 years imprisonment for adults. The court may only depart from this minimum where there are exceptional circumstances.

Possession of a firearm without a certificate (section 1 Firearms Act 1968) — Possession of a firearm or ammunition without holding the relevant firearms or shotgun certificate. Maximum sentence: 5 years imprisonment.

Possession of a firearm with intent (section 16 Firearms Act 1968) — Possession of a firearm or imitation firearm with intent to endanger life or enable another to endanger life. Maximum sentence: life imprisonment.

Use of a firearm to resist arrest (section 17 Firearms Act 1968) — Maximum sentence: life imprisonment.

Carrying a firearm in a public place (section 19 Firearms Act 1968) — Carrying a loaded shotgun, loaded air weapon, or any firearm with ammunition in a public place without lawful authority or reasonable excuse. Maximum sentence: 7 years imprisonment for prohibited weapons; 12 months for others.

Imitation firearms — Realistic imitation firearms are subject to restrictions under the Violent Crime Reduction Act 2006. Possession of an imitation firearm at the time of committing or being arrested for a specified offence is an offence carrying a mandatory minimum of 12 months imprisonment.

Where a mandatory minimum applies, the court must impose at least that sentence unless there are exceptional circumstances relating to the offence or the offender. The threshold for exceptional circumstances is high and is assessed by reference to the specific facts. David advises carefully on whether an exceptional circumstances argument is available before any plea is entered.

Other defences include a lack of knowledge that the item was a firearm; a genuine belief that the item was not a prohibited weapon; that the defendant had lawful authority or a reasonable excuse; that the item does not in law constitute a firearm; and that the item was an antique firearm exempt from the Act. Technical arguments about the nature of the weapon, its operability, and whether it falls within the statutory definitions are frequently relevant in firearms cases.

All but the most minor firearms offences are tried in the Crown Court. These are serious cases requiring experienced representation. David acts as litigator in firearms cases, reviewing the prosecution evidence, instructing appropriate experts where needed (including ballistics experts), and working with experienced counsel to prepare the defence. Legal aid is available for Crown Court firearms cases subject to a means and merits test.