Firearms Act 1968
Firearms Act 1968
Principal Act regulating the possession, purchase, acquisition, manufacture, sale and transfer of firearms and ammunition in Great Britain. Frontline essentials are s.1, s.5, s.18 and s.19.
Self-test
Sections
Section 1 — Requirement of firearm certificate
Offence to possess, purchase or acquire a s.1 firearm or s.1 ammunition without a firearm certificate, or otherwise than as authorised by it.
- s.1 firearms = rifles and most other firearms not falling under shotgun (s.2) or prohibited (s.5).
- Certificate issued by the Chief Officer of Police of the area where the holder resides.
- Either way offence — sentencing depends on type of firearm.
Section 5 — Weapons subject to general prohibition
Possession, purchase, acquisition, manufacture, sale or transfer of prohibited weapons (e.g. fully automatic firearms, handguns, certain self-loading rifles, disguised firearms) without authority of the Secretary of State.
- Indictable only — minimum 5-year sentence under s.51A unless 'exceptional circumstances'.
- Includes most handguns following the Firearms (Amendment) Acts 1997.
- Imitations capable of being readily converted are caught.
Section 18 — Carrying firearm with criminal intent
Offence to have with you a firearm or imitation firearm with intent to commit an indictable offence, or to resist or prevent arrest, while having it.
- Imitation firearm is sufficient.
- Indictable only — max life imprisonment.
- Often charged alongside robbery / GBH / kidnap.
Section 19 — Carrying firearm in a public place
Offence to have with you in a public place a loaded shotgun, loaded air weapon, any other firearm (loaded or not) together with ammunition, or an imitation firearm, without lawful authority or reasonable excuse.
- 'Public place' is widely defined — includes places to which the public have access.
- Either way (most variants); indictable only for some categories of firearm.
- Power to stop & search for firearms in s.47 — see below.
Section 47 — Powers of constables to stop and search
Power for a constable to stop and search a person or vehicle where there is reasonable cause to suspect that they have a firearm with criminal intent or are committing/about to commit an offence under s.18 or s.20.
- Reasonable suspicion required — give GO-WISELY.
- Power to enter any place (other than a dwelling) for the purpose of exercising the search power.
- Use s.47 — not PACE s.1 — when the suspected article is a firearm.