Section 21 Firearms Act 1968
Date Updated: January 2012
Title: Firearms
Offence: s 21 Possession of firearms by persons previously convicted of crime.
- 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 offenders institution shall not at any time have a firearm or ammunition in his possession.
- 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 offenders institution for such a term, 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.
Legislation: section 21 Firearms Act 1968
Mode of Trial: TEW
Statutory Limitations & Maximum Penalty:
- 6 months on summary conviction
- 5 years on indictment
- VCRA provisions re minimum terms in certain circumstances DO NOT apply to this offence
Relevant sentencing Guidelines (If any)
R v Avis [1998] 1 Cr.App.R. 420, CA.
The sentencing court should usually ask itself four questions:
- What sort of weapon was involved? Genuine firearms were more dangerous than imitation firearms; loaded firearms were more dangerous than unloaded firearms. Unloaded firearms for which ammunition was available were more dangerous than firearms for which no ammunition was available. Possession of a firearm for which there was no lawful use (such as a sawn-off shotgun) would be viewed more seriously than possession of a firearm which was capable of lawful use.
- What use had been made of the firearm? It was necessary for the court to take account of all the circumstances surrounding the use of the firearm: the more prolonged and premeditated and violent the use, the more serious the offence was likely to be.
- With what intention (if any) did the defendant possess or use the firearm? The most serious offences under the Act required proof of a specific intent. The more serious the act intended, the more serious the offence.
- What was the defendant's record? The seriousness of any firearms offence was inevitably increased if the offender had an established record of committing firearms offences or crimes of violence.
In addition, where there are offences of s21 committed, the custodial term is likely to be of considerable length and where the four questions cited above yield answers adverse to the offender, terms at or approaching the maximum may, in the event of a trial, be appropriate
Relevant Sentencing Case Law
R v HILL (1999) 2 Cr.App.R(S) 388
Released from prison for 4 years in possession of double barrelled shotgun a .22 rifle and ammunition. 18 months imprisonment
R v BRIZZI (2000) 1 Cr.App.R(S) 126
Defendant previously convicted to 5 years imprisonment and had been seen concealing a semi automatic pistol in a hedge. Sentenced to 30 months imprisonment.
R v CORRISH (2001) 1 Cr.APP.R(S) 126
Defendant attended the home of another with a .22 rifle and banged on the door. Sentence 18 months imprisonment
R. v Gambrah [2009] 2 Cr.App.R.(S.) 16 (p.91)
D was convicted of possessing a firearm when prohibited, contrary to the Firearms Act 1968 s.21(1). D had been involved in a relationship with a woman and asked whether he might leave a box containing his belongings at her home whilst he went abroad. Subsequently the box was disturbed during repairs to the house, and it was found to contain a self-loading rifle. The rifle had no cartridge mechanism and when test-fired, it did not feed or reject ammunition. The appellant denied any connection with the gun. The appellant had previously served a sentence of six years' imprisonment for robbery. Sentenced to three years' imprisonment.
In deciding sentence, the court takes into account the nature of the weapon, how readily it can be fired, the presence of any ammunition and any previous convictions for previous possession of such a weapon.
The court considered all the factors in this case and came to the conclusion that the sentence passed in this case was manifestly excessive, in the light of all the authorities and the limited use to which this weapon could be put. Sentence of 3 years' imprisonment reduced to 27 months' immediate imprisonment.
Ancillary Orders:
- Forfeiture orders
- Destruction orders
