Firearms – Possession of prohibited weapon

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

Sentencing framework

The guideline for sentencing under the Firearms Act 1968 clearly categorizes offences based on the type of weapon and the culpability of the offender. It outlines specific aggravating and mitigating factors that can influence the severity of the sentence, including previous convictions and the offender’s character. A statutory minimum term applies under certain circumstances, enforcing a structured approach to sentencing while providing judges with discretion to consider the context of individual cases.

Maximum sentence

10 years’ custody

Court

Crown Court, Magistrates

Offence range

Discharge – 10 years’ custody

Aggravating factors

·Previous convictions
·Offence committed whilst on bail
·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
·Abuse of position as registered firearms dealer or certificate holder
·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
·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
·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

Step 1 — Determining the offence category
Step 2 — Identifying the culpability
Step 3 — Assessing harm
Step 4 — Starting point and category range
Step 5 — Considering the minimum term if applicable
Step 6 — Considering any factors for reduction
Step 7 — Reviewing totality principle
Step 8 — Making ancillary orders
Step 9 — Providing reasons for the sentence

Guideline notes

The offence is subject to statutory minimum sentencing provisions. Exceptional circumstances may affect minimum sentencing.

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.