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Firearms – Possession by person prohibited

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

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Sentencing framework

This guideline sets out a framework for sentencing offenders who possess firearms or ammunition despite being prohibited from doing so. It emphasizes the assessment of culpability based on the type of weapon and other factors contributing to the offense's seriousness, along with the actual or potential harm caused. Sentences are determined through a structured approach that takes into account aggravating and mitigating factors to ensure fair sentencing.

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 was committed as part of a group
  • ·Offender has contact with criminal associates
  • ·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
  • ·Good 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
  • ·Mental disorder or learning disability
  • ·Sole or primary carer for dependent relatives

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

  1. Step 1 – Determining the offence category
  2. Step 2 – Starting point and category range
  3. Step 3 – Consider any factors which indicate a reduction for assistance to the prosecution
  4. Step 4 – Reduction for guilty pleas
  5. Step 5 – Totality principle
  6. Step 6 – Ancillary orders
  7. Step 7 – Reasons
  8. Step 8 – Consideration for time spent on bail (tagged curfew)

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.