Firearms – Transfer and manufacture

Firearms Act 1968, s.5(2A)(a), s.5(2A)(b), s.5(2A)(c), s.5(2A)(d) · Crown Court

Sentencing framework

The guideline for sentencing of offences related to firearms transfer and manufacture emphasizes the need to assess both the culpability and harm associated with the offence. Sentencers are guided through a structured approach that categorizes the offence based on severity and establishes starting points and ranges for the sentence while weighing aggravating and mitigating factors. The guideline also highlights statutory minimum terms that may apply, ensuring that serious offences are met with appropriate custodial sentences.

Maximum sentence

Life imprisonment

Court

Crown Court

Starting point

10 years’ custody

Offence range

3 – 28 years’ custody

Aggravating factors

·Previous convictions
·Offence committed whilst on bail
·Firearm under section 5(1)(a) (automatic weapon)
·Steps taken to disguise firearm
·Compatible ammunition and/or silencer(s) supplied
·Others put at risk of harm
·Use of business as a cover
·Attempts to conceal or dispose of the firearm
·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/ammunition not subject to minimum term
·Genuine belief that firearm will not be used for criminal purpose
·No knowledge or suspicion that item possessed was firearm/ammunition
·No knowledge or suspicion that firearm/ammunition is prohibited
·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
·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
Step 3 – Assessing harm
Step 4 – Starting point and category range
Step 5 – Adjustments for mitigating or aggravating factors
Step 6 – Minimum term considerations
Step 7 – Ancillary orders
Step 8 – Reasons for sentence
Step 9 – Credit for time spent on bail

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.