Firearms – Possession by person prohibited

s.21(4) and (5) Firearms Act 1968 · Triable either way

Sentencing framework

The guideline for sentencing the offence of possession of firearms by prohibited persons provides a structured approach centered on culpability and harm. Offenders are categorized based on the type of weapon and other culpability factors, which influences the severity of sentencing. The framework outlines specific aggravating and mitigating factors, allowing for individualized assessments of offenders, balancing public safety with rehabilitation considerations.

Maximum sentence

5 years’ custody

Court

Triable either way

Offence range

Discharge – 4 years’ custody

Aggravating factors

·Previous convictions
·Firearm modified to make it more dangerous
·Steps taken to disguise firearm
·Firearm/ammunition kept with multiple weapons and/or substantial quantity of ammunition
·Offence committed in a domestic abuse context
·Offence was committed as part of a group
·Commission of offence whilst under the influence of alcohol or drugs
·Failure to comply with current court orders
·Offence committed on licence or post sentence supervision

Mitigating factors

·No previous convictions or no relevant/recent convictions
·Positive character and/or exemplary conduct
·Firearm incomplete or incapable of being discharged
·No knowledge or suspicion that item possessed was firearm/ammunition
·No knowledge or suspicion that firearm/ammunition is prohibited
·Held on behalf of another through coercion, intimidation, or exploitation
·Genuine misunderstanding about terms of prohibition
·Voluntary surrender of firearm/ammunition
·Offender co-operated with investigation and/or made early admissions
·Remorse
·Serious medical condition requiring urgent, intensive or long-term treatment
·Age and/or lack of maturity (which may be applicable to offenders aged 18-25)
·Mental disorder or learning disability
·Sole or primary carer for dependent relatives
·Pregnancy, childbirth and post-natal care
·Difficult and/or deprived background or personal circumstances
·Prospects of or in work, training or education

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

Step 1 — determining the offence category
Step 2 — assessing culpability and harm
Step 3 — using the starting point and category range for sentencing
Step 4 — considering the impact of any personal circumstances
Step 5 — determining any further adjustments based on previous convictions or circumstances
Step 6 — finalizing any custodial or community order parameters
Step 7 — providing reasons for the sentence
Step 8 — considering whether to credit time spent on bail

Guideline notes

Sentencers should be aware that there is evidence of a disparity in sentence outcomes for this offence which indicates that a higher proportion of Black offenders receive an immediate custodial sentence than White offenders.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.