What are the points to prove for possession of a firearm by a prohibited person?

That the person was, at the time, prohibited from possessing a firearm or ammunition under one of the bands in s.21(1)-(3A) Firearms Act 1968, because of a previous sentence, and that they had a firearm or ammunition in their possession, or purchased or acquired one, during the prohibited period (s.21(4)).

How long does a s.21 prohibition last?

It depends on the previous sentence. A sentence of 3 years or more (or life/detention for life) prohibits possession for LIFE (s.21(1)). A custodial sentence of 3 months up to under 3 years, a secure training order, a detention and training order, or a suspended sentence of 3 months or more, prohibits possession for 5 years (s.21(2)/(2C)). Further licence, recognizance, community order and Northern Ireland-equivalent bands apply under s.21(3)/(3A).

Is possession of a firearm by a prohibited person triable either way?

Yes. It is 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). There is no mandatory minimum sentence.

Possession of a firearm by a prohibited person

The offence of possessing a firearm or ammunition while prohibited from doing so under s.21 Firearms Act 1968 — the statutory elements reproduced verbatim, the prohibition bands, mode of trial and maximum sentence, and the arrest and search powers, for frontline officers.

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

Reviewed by the BlueLineHub Editorial Team

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

Reviewed by BlueLineHub Editorial

What is the offence of possession of a firearm by a prohibited person under s.21 Firearms Act 1968?

s.21 Firearms Act 1968 prohibits certain people, because of a previous sentence, from having a firearm or ammunition in their possession — a contravention of that prohibition is an offence under s.21(4), reproduced verbatim below.

It is 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). There is no mandatory minimum sentence.

All offence cards

s.21 Firearms Act 1968 makes it an offence for a person prohibited under s.21(1)-(3A) — because of a previous sentence — to have a firearm or ammunition in their possession. The prohibition and the offence are reproduced verbatim below. It is educational reference, not a charging decision — verify against current law, CPS charging guidance and force policy.

Offence

s.21 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). No mandatory minimum sentence applies to this offence.

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.

The verbatim text of s.21(1)-(2) still lists sentence types that no longer exist — preventive detention, corrective training, youth custody and detention in a detention centre. These are legacy categories retained in the statute; read them as their modern equivalents. The prohibition bands are summarised in the notes below.

s.21 — Possession of firearms by persons previously convicted of crime.persons prohibited from possessing firearms

(1) A person who has been sentenced to custody for life or to preventive detention, or to imprisonment or to corrective training for a term of three years or more or to youth custody or detention in a young offender institution for such a term, or who has been sentenced be detained for such a term in a young offenders institution in Scotland, shall not at any time have a firearm or ammunition in his possession.

(2) A person who has been sentenced ... to imprisonment for a term of three months or more but less than three years or to youth custody or detention in a young offender institution for such a term, or who has been sentenced to be detained for such a term in a detention centre or in a young offenders institution in Scotland or who has been subject to a secure training order or a detention and training order, shall not at any time before the expiration of the period of five years from the date of his release have a firearm or ammunition in his possession.

(2A) For the purposes of subsection (2) above, “the date of his release” means—

(a) in the case of a person sentenced to imprisonment with an order under section 47(1) of the Criminal Law Act 1977 (prison sentence partly served and partly suspended), the date on which he completes service of so much of the sentence as was by that order required to be served in prison;

(b) in the case of a person who has been subject to a secure training order—

(i) the date on which he is released from detention under the order;

(ii) the date on which he is released from detention ordered under section 4 of the Criminal Justice and Public Order Act 1994; or

(iii) the date halfway through the total period specified by the court in making the order,

whichever is the later.

(i) the date on which he is released from detention under the order;

(ii) the date on which he is released from detention ordered under section 104 of the Powers of Criminal Courts (Sentencing) Act 2000 or paragraph 3 of Schedule 12 to the Sentencing Code; or

(iii) the date of the half-way point of the term of the order,

whichever is the later.

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2C) Where—

(a) a person has been sentenced to imprisonment , or detention in a young offender institution, for a term of three months or more, and

(b) the sentence is suspended under section 189 of the Criminal Justice Act 2003 or section 264 or 277 of the Sentencing Code (including by virtue of section 264A or 277A of that Code),

the person shall not have a firearm or ammunition in his possession at any time during the period of five years beginning with the second day after the date on which the sentence is passed.

(3) A person who—

(a) is the holder of a licence issued under section 53 of the Children and Young Persons Act 1933 or section 57 of the Children and Young Persons (Scotland) Act 1937 (which sections provide for the detention of children and young persons convicted of serious crime, but enable them to be discharged on licence by the Secretary of State); or

(b) is subject to a recognizance to keep the peace or to be of good behaviour, a condition of which is that he shall not possess, use or carry a firearm, or is subject to a community order containing a requirement that he shall not possess, use or carry a firearm; or

(c) has, in Scotland, been ordained to find caution a condition of which is that he shall not possess, use or carry a firearm;

shall not, at any time during which he holds the licence or is so subject or has been so ordained, have a firearm or ammunition in his possession.

(3ZA) In subsection (3)(b) above, “community order” means—

(a) a community order within the meaning given by section 200 of the Sentencing Code , or a youth rehabilitation order within the meaning given by section 173 of that Code, made in England and Wales, or

(b) a community payback order under section 227A of the Criminal Procedure (Scotland) Act 1995 (c.46).

(3A) Where by section 19 of the Firearms Act (Northern Ireland) 1969, or by any other enactment for the time being in force in Northern Ireland and corresponding to this section, a person is prohibited in Northern Ireland from having a firearm or ammunition in his possession, he shall also be so prohibited in Great Britain at any time when to have it in his possession in Northern Ireland would be a contravention of the said section 19 or corresponding enactment;

(4) It is an offence for a person to contravene any of the foregoing provisions of this section.

(5) It is an offence for a person to sell or transfer a firearm or ammunition to, or to repair, test or prove a firearm or ammunition for, a person whom he knows or has reasonable ground for believing to be prohibited by this section from having a firearm or ammunition in his possession.

(6) A person prohibited under subsection (1), (2) ... (2C), (3) or (3A) of this section from having in his possession a firearm or ammunition may apply to the Crown Court or, in Scotland, in accordance with Act of Sederunt to the sheriff for a removal of the prohibition; and if the application is granted that prohibition shall not then apply to him.

(7) Schedule 3 to this Act shall have effect with respect to the courts with jurisdiction to entertain an application under this section and to the procedure appertaining thereto.

Read s.21 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 ammunition while prohibited under s.21, where an arrest is necessary on one of the s.24(5) grounds (PACE 1984 s.24).

Code of Practice: PACE Code G — arrest →

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 by a prohibited person under s.21.

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 or ammunition by convicted criminals – maximum 5 years' imprisonmentcharging & penalty (s.21)

This offence can be found at section 21(4) FA 1968. Certain persons previously convicted of criminal offences are prohibited from possessing a firearm or ammunition.

Read on cps.gov.uk

Firearms – Possession by person prohibited — Sentencing Council guideline Legislation Quick Reference

The prohibition bands: a sentence of 3 years or more (or a sentence of life, or detention for life) prohibits a person from possessing a firearm or ammunition for LIFE (s.21(1)). A custodial sentence of 3 months and under 3 years, a secure training order, a detention and training order, or a SUSPENDED sentence of 3 months or more, prohibits possession for 5 years from the date of release, or of the sentence, as applicable (s.21(2)/(2C)). Further bands apply to a person subject to a licence, recognizance or community order, and to Northern Ireland-equivalent sentences (s.21(3)/(3A)).
The 5-year band for a suspended sentence of 3 months or more (s.21(2C)) was inserted by the Anti-social Behaviour, Crime and Policing Act 2014 s.110, in force 14 July 2014.
Selling, transferring or repairing, testing or proving a firearm or ammunition for a person known or believed to be prohibited under s.21 is a separate offence under s.21(5).
Possession is a strict offence once a person falls within one of the prohibition bands — the prosecution need only prove the prohibition and the possession, purchase or acquisition of the firearm or ammunition during the prohibited period.
Firearms Act 1968 s.47 (stop, search and require production of a firearm) is not asserted as a power on this card — it is on point for a s.21 possession only where the firearm is in a public place.

Frequently asked

What are the points to prove for possession of a firearm by a prohibited person?: That the person was, at the time, prohibited from possessing a firearm or ammunition under one of the bands in s.21(1)-(3A) Firearms Act 1968, because of a previous sentence, and that they had a firearm or ammunition in their possession, or purchased or acquired one, during the prohibited period (s.21(4)).
How long does a s.21 prohibition last?: It depends on the previous sentence. A sentence of 3 years or more (or life/detention for life) prohibits possession for LIFE (s.21(1)). A custodial sentence of 3 months up to under 3 years, a secure training order, a detention and training order, or a suspended sentence of 3 months or more, prohibits possession for 5 years (s.21(2)/(2C)). Further licence, recognizance, community order and Northern Ireland-equivalent bands apply under s.21(3)/(3A).
Is possession of a firearm by a prohibited person triable either way?: Yes. It is 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). There is no mandatory minimum sentence.