What are the points to prove for possession of a firearm or shotgun without a certificate?

For a s.1 firearm or ammunition: possession, purchase or acquisition without holding a firearm certificate (s.1 Firearms Act 1968). For a shotgun: possession, purchase or acquisition without holding a shotgun certificate (s.2 Firearms Act 1968). Both are strict-possession offences.

Is possession of a firearm or shotgun without a certificate triable either way?

Yes. Both s.1 and s.2 offences are triable either way, with a maximum of 5 years' imprisonment and/or a fine on conviction on indictment, or 6 months' imprisonment and/or a fine on summary conviction (Firearms Act 1968 Schedule 6).

What happens if a person refuses to produce their certificate or allow seizure?

Under s.48 Firearms Act 1968, a constable may require production of the certificate; if it is not produced and the person cannot show they are entitled to possession, the constable may seize and detain the firearm or shotgun and require the person's name and address. Refusing to declare, or failing to give, a true name and address when so required is itself an offence under s.48(3).

Possession of a firearm or shotgun without a certificate

The offences of possessing, purchasing or acquiring a firearm without a firearm certificate (s.1 Firearms Act 1968) or a shotgun without a shotgun certificate (s.2 Firearms Act 1968) — the statutory elements reproduced verbatim, mode of trial and maximum sentence, and the production, search and arrest powers, for frontline officers.

Unofficial independent resource — always verify with official sources (College of Policing, your force, PFEW).

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Last reviewed: 28 August 2026 · Next review due: 28 February 2027

Reviewed by BlueLineHub Editorial

What are the points to prove for possessing a firearm or shotgun without a certificate under s.1 and s.2 Firearms Act 1968?

Possession without a certificate covers two offences: s.1 Firearms Act 1968 — possessing, purchasing or acquiring a s.1 firearm or ammunition without holding a firearm certificate — and s.2 Firearms Act 1968 — possessing, purchasing or acquiring a shotgun without holding a shotgun certificate, reproduced verbatim below.

Both are triable either way, with a maximum on conviction on indictment of 5 years' imprisonment and/or a fine, and a maximum on summary conviction of 6 months' imprisonment and/or a fine (Firearms Act 1968 Schedule 6).

All offence cards

It is an offence under s.1 Firearms Act 1968 to possess, purchase or acquire a firearm or ammunition to which s.1 applies without holding a firearm certificate, and an offence under s.2 Firearms Act 1968 to possess, purchase or acquire a shotgun without holding a shotgun certificate. The two offences are reproduced verbatim below. It is educational reference, not a charging decision — verify against current law, CPS charging guidance and force policy.

Offence

s.1 & s.2 Firearms Act 1968

Mode of trial

Triable either way

Maximum sentence

5 years' imprisonment and/or a fine on conviction on indictment; 6 months' imprisonment and/or a fine on summary conviction (Firearms Act 1968 Schedule 6).

Points to prove — statutory elements

Reproduced verbatim from the Act as published on legislation.gov.uk. These are the statutory elements, not a paraphrase — confirm the up-to-date text and any amendments at the source.

s.1 — Requirement of firearm certificate.firearm/ammunition — certificate required

(1) Subject to any exemption under this Act, it is an offence for a person—

(a) to have in his possession, or to purchase or acquire, a firearm to which this section applies without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate;

(b) to have in his possession, or to purchase or acquire, any ammunition to which this section applies without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate, or in quantities in excess of those so authorised.

(2) It is an offence for a person to fail to comply with a condition subject to which a firearm certificate is held by him.

(3) This section applies to every firearm except—

(a) a shot gun within the meaning of this Act, that is to say a smooth-bore gun (not being an air gun) which—

(i) has a barrel not less than 24 inches in length and does not have any barrel with a bore exceeding 2 inches in diameter;

(ii) either has no magazine or has a non-detachable magazine incapable of holding more than two cartridges; and

(iii) is not a revolver gun; and

(b) an air weapon (that is to say, an air rifle, air gun or air pistol which does not fall within section 5(1) and which is not of a type declared by rules made by the Secretary of State under section 53 of this Act to be specially dangerous).

(3A) A gun which has been adapted to have such a magazine as is mentioned in subsection (3)(a)(ii) above shall not be regarded as falling within that provision unless the magazine bears a mark approved by the Secretary of State for denoting that fact and that mark has been made, and the adaptation has been certified in writing as having been carried out in a manner approved by him, either by one of the two companies mentioned in section 58(1) of this Act or by such other person as may be approved by him for that purpose.

(4) This section applies to any ammunition for a firearm, except the following articles, namely:—

(a) cartridges containing five or more shot, none of which exceeds ·36 inch in diameter;

(b) ammunition for an air gun, air rifle or air pistol; and

(c) blank cartridges not more than one inch in diameter measured immediately in front of the rim or cannelure of the base of the cartridge.

Read s.1 on legislation.gov.uk

s.2 — Requirement of certificate for possession of shot guns.shotgun — certificate required

(1) Subject to any exemption under this Act, it is an offence for a person to have in his possession, or to purchase or acquire, a shot gun without holding a certificate under this Act authorising him to possess shot guns.

(2) It is an offence for a person to fail to comply with a condition subject to which a shot gun certificate is held by him.

Read s.2 on legislation.gov.uk

Powers of arrest & search

Arrest without warrants.24

A constable may arrest without warrant anyone whom they have reasonable grounds to suspect of possessing a firearm or shotgun without the relevant certificate, where an arrest is necessary on one of the s.24(5) grounds (PACE 1984 s.24).

Code of Practice: PACE Code G — arrest →

Production of certificate

Firearms Act 1968 s.48 allows a constable to require a person whom they believe to be in possession of a s.1 firearm or ammunition, or of a shotgun, to produce their certificate. If the person fails to produce it and fails to show to the constable's satisfaction that they are entitled to have the firearm or shotgun in their possession, the constable may seize and detain it and may require the person to give their name and address. Refusing to declare, or failing to give, a true name and address when so required is itself an offence (s.48(3)).

Search warrant

Firearms Act 1968 s.46 allows a justice of the peace to grant a warrant to search premises or a person where there is reasonable cause to suspect a relevant offence under the Act, including possession without a certificate.

CPS charging guidance

Verbatim extracts from the CPS charging guidance (Crown copyright, reproduced under the Open Government Licence v3.0). CPS revises this guidance — confirm against the live page and current law.

Possession of a firearm, shotgun or ammunition without a certificate – maximum 5 years' imprisonmentcharging & penalty (s.1/s.2)

The offence for firearm or ammunition can be found in section 1(1) FA 1968. This is a strict liability offence in relation to having possession of, purchasing, or acquiring a firearm, or ammunition without a certificate or otherwise than as authorised by such certificate.

The offence for a shotgun can be found at section 2(1) FA 1968.

Read on cps.gov.uk

Legislation Quick Reference

A firearm certificate (s.1) and a shotgun certificate (s.2) are separate documents, each granted by the chief officer of police — a person may hold one without the other, and neither certificate authorises possession of the item covered by the other.
Both offences are ones of strict possession — the prosecution need only prove possession, purchase or acquisition without the relevant certificate; no intent to use the firearm or shotgun unlawfully is required.
Breaching a condition of a certificate a person already holds is a separate offence — s.1(2) for a firearm certificate, s.2(2) for a shotgun certificate — and is not covered by this card, which addresses possession without any certificate at all.
The Sentencing Council guideline for this offence names the same 5-year (indictment) and 6-month (summary) maxima as Schedule 6.

Frequently asked

What are the points to prove for possession of a firearm or shotgun without a certificate?: For a s.1 firearm or ammunition: possession, purchase or acquisition without holding a firearm certificate (s.1 Firearms Act 1968). For a shotgun: possession, purchase or acquisition without holding a shotgun certificate (s.2 Firearms Act 1968). Both are strict-possession offences.
Is possession of a firearm or shotgun without a certificate triable either way?: Yes. Both s.1 and s.2 offences are triable either way, with a maximum of 5 years' imprisonment and/or a fine on conviction on indictment, or 6 months' imprisonment and/or a fine on summary conviction (Firearms Act 1968 Schedule 6).
What happens if a person refuses to produce their certificate or allow seizure?: Under s.48 Firearms Act 1968, a constable may require production of the certificate; if it is not produced and the person cannot show they are entitled to possession, the constable may seize and detain the firearm or shotgun and require the person's name and address. Refusing to declare, or failing to give, a true name and address when so required is itself an offence under s.48(3).