Firearms – Possession of prohibited weapon

Firearms Act 1968, s.5(1), 5(1A) · Crown Court, Magistrates

Sentencing framework

The guideline structures sentencing for possession of a prohibited weapon primarily by assessing the type of weapon and the offender's culpability and harm. Offenders are placed into categories based on these factors, with specific starting points and ranges for sentences defined for each category. Aggravatory factors can increase the severity of a sentence, while mitigating factors may lead to a reduction in the sentence imposed.

Maximum sentence

10 years’ custody

Court

Crown Court, Magistrates

Offence range

Discharge – 10 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
·Offender prohibited from possessing weapon or ammunition because of previous conviction
·Failure to comply with current court orders

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
·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 based on type of weapon and other culpability factors
Step 3 — Assessing harm based on risk of harm or alarm/distress caused
Step 4 — Identifying final culpability category
Step 5 — Using the sentencing table for starting points and ranges
Step 6 — Considering minimum terms and exceptional circumstances
Step 7 — Considering factors for reduction for assistance to prosecution
Step 8 — Considering reduction for guilty pleas
Step 9 — Assessing totality for multiple offences

Guideline notes

This offence is subject to statutory minimum sentencing provisions which are taken into account at steps 2 and 3. Sentencers should follow each step of the guideline to ensure that all relevant factors are considered.

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.