Section 3 Firearms Act 1968

Date Updated: January 2012

Title: Firearms

Offence: Unregistered selling, manufacture transfers, repairs of firearms (and air weapons see below)

Legislation:

Section 3 Firearms Act 1968 (s31 VCRA 06 has amended s3 (1) FA 1968 to include air weapons)
s32 VCRA introduces a new offence of failing to hand over the weapons in presence of seller/seller's representative and buyer..

Commencement Date: Sections 31 and 32 VCRA 2006 - 01 October 2007

Mode of Trial: TEW/SO see below

Statutory Limitations & Maximum Penalty:

Offences under s3 FA 68 are either way
On indictment - 5 years
The new offence of non face to face selling in s32 VCRA 2006 Summary - 6 months/maximum fine
Lifestyle Offence for POCA
Consider Financial Reporting Orders - s76 SOCPA 2005

Relevant sentencing Guidelines

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.