Firearms

Updated: 29 Jul 2020; 24 Mar 2021; 29 Oct 2021; 27 Nov 2025
Prosecution Guidance Violent Crime, Weapons and Public Safety

Introduction

This guidance is intended to assist prosecutors in identifying the legislation available to consider when reviewing cases involving firearms.

It is not an exhaustive account of all the offences but a guide to some key offences. It aims to assist prosecutors in selecting the appropriate charge in the circumstances of the case and sets out legislative provisions in place when considering a case involving a repeat offender.

Where an offence has been committed by a child i.e. someone aged under 18 years old, prosecutors should refer to the Children as suspects and defendants prosecution guidance.

Selecting the most appropriate charge or charges

It is for the prosecutor to consider all the circumstances and facts of the case to arrive at a decision on the appropriate charge/s, applying the principles set out in the Code for Crown Prosecutors, in particular paragraph 6 'selection of charges'.

There may be occasions where there is overlap in offences or where the selection of a particular charge is required to ensure that the court has the powers to impose a mandatory minimum sentence or extended sentence. For example: stun guns which are disguised as other objects are prohibited weapons contrary to both section 5(1)(b) and 5(1A)(a) Firearms Act 1968 ("FA 1968"). The latter attracts a mandatory minimum sentence whereas the former does not. Where a stun gun is disguised as another object, section 5(1)(b) should generally be charged because the fact of its disguise need not be met with an indictable-only offence attracting a minimum mandatory sentence for this type of article (as opposed to other disguised firearms), unless there is a specific reason why the more serious charge is justified beyond the fact of disguise.

Prosecutors when applying the Code must ensure:

  • that the court has adequate sentencing powers
  • the seriousness of the offending is considered and whether it is appropriate to reflect the carrying/use of a weapon or knife as part of other offending or a separate charge is required, to ensure the court can consider the totality of the offending

Prosecutors should ensure that a case can be presented clearly and simply for a court/jury to understand and where appropriate make use of multiple incident counts on an indictment.

Police forces may initiate firearms amnesties or surrenders where they indicate that they will not arrest or seek a prosecution of those who surrender unlawfully held firearms and shotguns or prohibited weapons.

These amnesties or surrenders usually last for a short period of time and are intended to help in the reduction of the criminal use of firearms or facilitate the introduction of new legislation (particularly where there is a need to ensure that firearms that were not previously prohibited are handed over before it becomes an offence to possess them).

These provisions will rarely, if ever, extend to those accused of committing offences which involve the criminal use of firearms.

Where an amnesty or surrender is in force, police officers seeking a charging advice for possession of an unlawfully held or prohibited weapon should clearly communicate the context of the amnesty or surrender and what was communicated to the suspect at the time of the surrender. Prosecutors cannot give an undertaking not to prosecute in these circumstances but instead should consider each case individually and apply the Code. Prosecutors will need to take into consideration any evidential arguments in relation to potential abuse arguments, where a person has relied on the representations of the police that they would not be prosecuted and carefully apply the public interest factors.

The following process may assist prosecutors. First, determine what type of firearm it is. Second, consider what the suspect did with the firearm. Where prosecutors are considering charging offences under sections 1-5 FA 1968, there must ensure no special exemptions apply which are set out in sections 7-15 FA 1968.

1. What was the type of firearm?

Prosecutors can refer to Annex A for definitions of different types of firearms. When the police provide a file submission to the CPS this should clearly identify the type of firearm and any relevant expert evidence which identifies the firearm.

2. What have they done with the firearm?

Prosecutors should consider the evidence supplied and determine what the suspect has done with the firearm. This will assist in determining the type of offence that should be charged.

Offences Available

The below is a non-exhaustive list of offences available for prosecutors to consider when making a charging decision.

Summary only offences

These offences are triable only in the magistrates’ court and carry a maximum penalty of six months imprisonment. The statutory time limit in section 127 Magistrates' Courts Act 1980 will apply to most offences where proceedings must be commenced within 6 months of the date the offence was committed. However, certain offences under the Firearms Act 1968 may be instituted within 4 years of the offence, but DPP consent is required under section 51(4) FA 1968. Prosecutors should refer to the Consents to Prosecute guidance.

Failing to comply with firearm or shotgun certificate conditions

This offence for a firearm can be found at section 1(2) FA 1968.

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

Both offences are committed where a person has failed to comply with the relevant conditions in the firearm or shotgun certificate.

Acquisition and possession of firearms and air weapons by children

Sections 22-24A FA 1968 create offences in relation to the possession and acquisition by children of firearms and air weapons, as well as the supply of firearms and air weapons to children. Prosecutors should refer to these sections if they are dealing with these circumstances for children.

Manufacture, import or sale of realistic imitation firearms

This offence can be found at section 36 VCRA 2006. This creates an offence of the manufacture, importation, or sale of realistic imitation firearms. It also made it an offence to modify an imitation firearm to make it a realistic imitation firearm.

A person will have a defence where the item is being made available for a museum/gallery, for theatrical performances, film/TV production, historical re-enactments or display at an arms fair, or for purposes that the person has in their capacity in the service of the monarch. Also, where they can show that their conduct was for the purpose of making the imitation firearm available for the organisation and holding of permitted activities for which public liability insurance is held in relation to liabilities to third parties arising from or in connection with the organisation and holding or those activities or for the purposes of display at a permitted event.

Either way offences

The offences which are triable either in the magistrates’ court or Crown Court vary in their maximum penalty between 4-14 years' imprisonment.

Most of these offences relate to possession of firearms, using them whilst making threats or the marketing and manufacturing of firearms.

Using someone to mind a weapon – maximum 4 years' imprisonment

This offence can be found under section 28 VCRA 2006. It is committed when a person uses another to look after, hide or transport a dangerous weapon and they did so under an arrangement or in the circumstances that facilitate, or intended to facilitate, the weapon’s being available to them for an unlawful purpose.

The weapons this section applies to are a firearm other than air weapon or a component part of, or accessory to, an air weapon or a weapon as set out in the Criminal Justice Act 1988 (Offensive Weapons) Order 1988.

Possession of a firearm, shotgun or ammunition without a certificate – maximum 5 years' imprisonment

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.

Possessing component parts of ammunition with intent to manufacture – maximum 5 years' imprisonment

This offence can be found at section 3A FA 1968. It is an offence for a person to have in their possession any component parts of ammunition with the intention to manufacture the ammunition and if the person were do so it would constitute an offence under section 1FA 1968 or section 3FA 1968. Ammunition under this section is a bullet, cartridge case, primer or propellant. (Prosecutors should note this offence came into force on 1 May 2025 and is not retrospective.)

Manufacture, sale, transfer of firearms, shotguns and ammunition – maximum 5 years' imprisonment

This offence can be found at section 3 FA 1968. It is an offence to trade or do business without being a registered firearms dealer.

Section 32 Firearms (Amendment) Act 1997 specifies conditions for the transfer of firearms, including that such transfers must be in person, and creates an offence of failing to comply with these conditions.

Section 32 VCRA 2006 similarly requires that air weapons sold by way of trade or business must be transferred in person and creates an offence of failing to comply with this.

Conversion of firearms – maximum 7 years' imprisonment

This offence can be found in section 4(1) FA 1968 which creates an offence of shortening the barrel of a shotgun to a length less than 24 inches, subject to an exception under section 4(2) relating to the replacement of a barrel.

Section 4(3) FA 1968 creates an offence of a person other than a registered firearms dealer converting into a firearm anything which has the appearance of being a firearm, but which was originally incapable of discharging any missile through its barrel.

Possession of articles for conversion of imitation firearms – maximum 5 years' imprisonment

This offence can be found in section 4A FA1968 which creates an offence of a person other than a registered firearms dealer having in their possession or under their control any article that is capable of being used (whether by itself or with other articles) to convert an imitation firearm into a firearm with intent to use that article for that purpose.

Carrying a firearm or imitation firearm in a public place – maximum 7 years' imprisonment

This offence can be found in section 19 FA 1968. It is an offence for a person to have a loaded shotgun, an air weapon, (whether loaded or not), any other firearm, (whether loaded or not) together with ammunition suitable for use in that firearm or imitation firearm without lawful authority or a reasonable excuse.

Trespassing with a firearm or imitation firearm in a building – maximum 7 years' imprisonment

This offence can be found at section 20(1) FA 1968. It is an offence for a person to have a firearm or imitation firearm as a trespasser without reasonable excuse.

Possession of a firearm or ammunition by convicted criminals – maximum 5 years' imprisonment

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.

Unlawfully selling, gifting or offering to sell or gift a defectively deactivated weapon – maximum 5 years' imprisonment

This offence can be found at section 8A Firearms (Amendment) Act 1988. It is an offence for a person who owns or claims to own a defectively deactivated weapon to make it available for sale or gift to another person, or to sell or give it as a gift to another person.

Importation of firearms – maximum 14 years' imprisonment

This offence can be found in section 170 Customs and Excise Management Act 1979. It is an offence for any person to, inter alia:

  • knowingly acquire possession of any goods with respect to the importation or exportation of which any prohibition or restriction is for the time being in force under or by virtue of any enactment; or
  • be in any way knowingly concerned in carrying, removing, depositing, harbouring, keeping or concealing or in any manner dealing with any such goods

where that person does so with intent to evade any such prohibition or restriction with respect to those goods.

Indictable only offences

These are the most serious offences involving weapons and firearms and relate to their potential for harm, where they are used or could be used.

Possession of a prohibited weapon or ammunition/Possession of a firearm disguised as other object – maximum 10 years' imprisonment

It is an offence under section 5(1) and 5(1A) FA 1968 to possess, purchase or acquire without authority any of the weapons and ammunition listed in those subsections, which are known as prohibited weapons and prohibited ammunition. Some of these items are subject to the mandatory minimum sentence provisions in accordance with section 311 SA 2020. Prosecutors should see the below paragraph titled 'Mandatory minimum sentences' for more detail.

Possession of a firearm with intent to endanger life – maximum life imprisonment

This offence can be found at section 16 FA 1968 an offence to possess a firearm "with intent to endanger life or to enable another person to endanger life". This requires proof that the possessor intends life to be endangered, although it is sufficient if the intent is that the firearm or ammunition should be used in a manner which endangers life as and when the occasion requires.

In R v Jones (IF) [1997] QB 798, it was held that enabling the other person meant more than giving that other the opportunity to endanger life, should they wish to. The offence is not made out simply because the possessor intended to supply the firearms or ammunition to persons who happened to be criminals. However, prosecutors should look at all of the surrounding circumstances of the case to see if there is sufficient evidence that would enable a jury to infer that the possessor knew that the ultimate recipient, whoever that might be, would use the firearms or ammunition in a manner that would endanger life. Factors that might be sufficient include: the nature of the firearm and ammunition in question, the circumstances in which they came to be in possession of the items, the circumstances in which they are found and whether there is evidence to suggest that they are part of a larger criminal enterprise.

Mandatory minimum sentence provisions apply for this offence in accordance with section 311 SA 2020. Extended sentences may also be applicable. Where the offender is being sentenced for a second offence relating to sections 16, 17(1) or 18 FA 1968 under section 283 SA 2020 the court must impose a mandatory life sentence. Prosecutors should see the below paragraph titled 'Mandatory minimum sentences' for more detail.

Possession of a firearm or imitation firearm with intent to cause fear of violence – maximum 10 years' imprisonment

This offence can be found at section 16A FA 1968. It is an offence for any person to possess any firearm or imitation firearm with intent to cause, or to enable another person to cause, any person to believe that unlawful violence will be used against them or another person.

Mandatory minimum sentence provisions apply for this offence in accordance with section 311 SA 2020. Extended sentences may also be applicable. Prosecutors should see the below paragraph titled 'Mandatory minimum sentences' for more detail.

Use of a firearm or imitation firearm to resist arrest – maximum life imprisonment

This offence can be found at section 17(1) FA 1968. It is an offence for any person to make, or attempt to make, any use of a firearm or imitation firearm to resist or prevent the lawful arrest of themselves or another person. A firearm for the purposes of this section is defined in section 57(1) FA 1968 without paragraphs (b) prohibited weapons and (c) component parts.

Mandatory minimum sentence provisions apply for this offence in accordance with section 311 SA 2020. Extended sentences may also be applicable. Where the offender is being sentenced for a second offence relating to sections 16, 17(1) or 18 FA 1968 under section 283 SA 2020 the court must impose a mandatory life sentence. Prosecutors should see the below paragraph titled 'Mandatory minimum sentences' for more detail.

Possession of a firearm or imitation firearm while committing or being arrested for a specified offence in Schedule 1 – maximum life imprisonment

This offence can be found at section 17(2) FA 1968. The offence is committed if a person possesses a firearm or imitation firearm at the time of committing, or being arrested for, an offence specified in Schedule 1 FA 1968.

There will be a defence if the person can show that they had the firearm in their possession for a lawful object.

Mandatory minimum sentence provisions apply for this offence in accordance with section 311 SA 2020. Extended sentences may also be applicable. Where the offender is being sentenced for a second offence under section 285 SA 2020 the court must give the offender a life sentence. Prosecutors should see the below paragraph titled 'Mandatory minimum sentences' for more detail.

Carrying a firearm or imitation firearm with intent to commit an indictable offence or resist arrest – maximum life imprisonment

This offence can be found at section 18 FA 1968. It is an offence for a person to have with them a firearm or imitation firearm with intent to commit an indictable offence, or to resist arrest or prevent the arrest of another, in either case while having the firearm or imitation firearm with them.

Mandatory minimum sentence provisions apply for this offence in accordance with section 311 SA 2020. Extended sentences may also be applicable. Where the offender is being sentenced for a second offence relating to sections 16, 17(1) or 18 FA 1968 under section 283 SA 2020 the court must impose a mandatory life sentence. Prosecutors should see the below paragraph titled 'Mandatory minimum sentences' for more detail.

Case building

Evidence required

Accredited forensic service providers should provide reports to the police in relation to firearms. In exceptional circumstances, where a classification of a firearm is required to support a remand in custody, it may not be feasible to undertake the classification in the required timescales using an accredited process. To accommodate this, the Forensic Science Regulator will enter into a general agreement with an organisation to put in place a process where accreditation will not be required for the support of such applications provided that, in each instance it is carried out, the activity is subsequently carried out by a forensic unit that holds relevant accreditation. Prosecutors can refer to the Forensic Science Regulator Code of Practice 2025.

A firearm or suspected firearm should be recovered and exhibited. Each weapon, component part and item of ammunition should be individually exhibited, and a statement/report should state where each item was found.

A person deemed competent in the initial classification of firearms and associated items should provide an initial statement/report should providing a full description of each item found, including measurements, where relevant. The length of the barrel of a firearm should be measured from the muzzle to the point at which the charge is exploded on firing: section 57(6) FA 1968. Measurements will be particularly relevant to determine the appropriate charge. They should indicate which offence(s) appear to have been committed and whether the weapon was loaded or not. (This initial report may be limited by further forensic trace evidence recovery procedures. For example, if the item is placed into an evidence box, or bag prior to being swabbed for DNA, the packaging will not be able to be opened if DNA recovery is required outside an accredited lab for the recovery of potential DNA. This may limit initial access to the item recovered and ability to provide a detailed initial statement/report).

Each weapon and component part should be photographed alongside a scale to indicate its dimensions. The timely provision of photographs may avoid the need for the weapon and the accompanying statement author to come to court.

Where they can confirm that the weapon is an imitation firearm, they should do so. They should also indicate how closely it resembles a real firearm, based on their own knowledge of firearms. It is also important to determine the circumstances surrounding the possession and use of an imitation weapon.

A statement will usually be sufficient for air weapons and straightforward shotgun offences (classification should only be carried out by a UKAS – FSR Code compliant lab accredited for firearms classification, which is an FSA as defined by the current FSR Code of Practice and the draft Codes, FSA-MTP 601-Examination, analysis and classification of firearms, ammunition, and associated materials – this includes imitation firearms). However, where the statement author suspects that the air weapon is "specially dangerous" and is therefore a firearm for the purposes of the Act, the air weapon should be submitted to a Forensic Service Provider (FSP) for the issue to be resolved. Further, where an air weapon is used in such circumstances that suggest its muzzle energy exceeds 1 Joule consideration should be given to proceeding upon the basis that it is a firearm, and it should be submitted for forensic testing to confirm the muzzle energy.

Where offences contrary to section 1 FA 1968 or section 5 FA 1968 (other than straightforward shotgun and air weapon offences, referred to above) appear to have been committed, a forensic report from a FSP or a firearms expert from a United Kingdom Accreditation Service (UKAS) accredited police force will always be needed for classification purposes.

Where a prosecutor is applying the threshold test, they may have to rely on the opinion of a Firearms Officer or Force Armourer or a preliminary report from a FSP as to the nature of the firearm. Where such preliminary advice is given, the prosecutor must ensure the action plan identifies the forensic issues that need to be addressed.

When a person has been charged with an indictable only offence, all firearms, weapons, component parts and ammunition should be submitted to the FSP with a request for a report. It will always be essential to determine the category of such items. The prosecutor and the police should identify other relevant forensic lines of enquiry.

Possession offences

For offences requiring possession, the prosecution must prove that the defendant knew they had something in their possession; it is irrelevant what they knew or thought it was: R v Hussain (1981) 72 Cr. App. R. 143; R v Waller (1991) Crim. L.R 381.

Possession is not limited to having physical custody but includes where a defendant has something under their control: Sullivan v Earl of Caithness [1976] 62 Cr. App. R. 105. In this way, possession can be distinguished from the requirement that a defendant “had with him” a firearm; for discussion of the circumstances in which a defendant can be said to “have with him” a firearm, see R v Bradish & Hall [2004] EWCA Crim 1340.

Acceptability of pleas

Prosecutors should apply paragraphs 9.1 to 9.7 of the Code for Crown Prosecutors as well as the Attorney General’s Guidelines on the Acceptance of Pleas when considering acceptability of pleas.

Prosecutors should only accept the defendant’s plea if:

  • the court can pass a sentence that matches the seriousness of the offending, particularly where there are aggravating features, (noting any mandatory minimum sentences), and
  • it provides the court with adequate powers to impose other ancillary orders, bearing in mind that these can be made with some offences but not with others

Sentencing

The Sentencing Council has published guidelines for sentencing many of these offences which can found on their website at Firearms Offences.

For offences under the FA 1968 prosecutors should refer to Schedule 6 FA 1968 which sets out the punishments available to the court.

Mandatory minimum sentences

Under section 311 SA 2020 the court must apply the mandatory minimum sentence when an offender aged 16 or over is convicted of an offence under the following:

  • possession of particular types of prohibited weapon or ammunition under section 5 FA 1968, namely those specified in subsections (1)(a), (ab), (aba), (ac), (ad), (ae), (af) (ag), (ba), (c) and (1A)(a)
  • manufacturing etc relating to one of these particular types of prohibited weapon or ammunition, under section 5(2A) FA 1968
  • offences under sections 16, 16A, 17, 18, 19 or 20(1) FA 1968 involving a prohibited weapon or ammunition of one of these particular types
  • an offence under section 28 VCRA 2006 (using someone to mind a weapon) involving a prohibited weapon of one of these particular types (except for section 5(1)(c) ammunition)

There is no requirement for a previous offence to have been committed.

The minimum term for offenders aged 18 years or over at the time when the offence was committed is a custodial term of 5 years; for offenders under 18 years at the time the offence was committed, the term is 3 years: section 311(4) SA 2020. However, where the mandatory minimum sentence applies to an offence under section 28 of the VCRA 2006, the relevant age is the age when the offender was convicted rather than when the offence was committed: section 311(5) SA 2020.

The court must impose the mandatory minimum sentence unless it is of the opinion that there are "exceptional circumstances" relating to the offence or the offender which justify not doing so: section 311(2) SA 2020.

Mandatory life sentence for second listed offence relating to firearms offences

Under section 283 SA 2020 the court must impose a sentence of life imprisonment, unless there are particular circumstances that would make it unjust to do so, where the court is dealing with an offender convicted of with section 16, 17(1) or 18 FA 1968 or a robbery offence where at some time during the commission of the offence, the offender had in their possession a firearm or an imitation firearm.

The provision relating to robbery only applies if the defendant has admitted before the court that they had a firearm in their possession during the robbery, or if the jury return a specific verdict establishing that fact: R v Hylands [2004] EWCA Crim 2999 CA.

Under section 285 SA 2020 the court must impose a life sentence for offences under sections 16, 17(1), 17(2), 18 FA 1968, where they consider the seriousness of the offence, or the offence and one or more associated offences would justify the imposition of a life sentence.

Extended sentences for firearms offences

Offences under sections 16, 16A, 17(1), 17(2) and 18 FA 1968 are offences to which section 255 SA 2020 and section 280 SA 2020 may be applicable by virtue of being specified violent offences.

The extension period must be a period of such length as the court considers is necessary for the purpose of protecting members of the public from serious harm. It must be at least 1 year and should not exceed 5 years. It must also not exceed the maximum term of imprisonment with which the offence is punishable.

Ancillary Orders

Prosecutors should refer to the Ancillary Orders related prosecution guidance to consider appropriate orders to be made in the circumstances of the case.

Forfeiture/Deprivation

In all cases involving a firearm prosecutors should seek forfeiture and destruction or a deprivation order. For offences committed under the FA 1968, section 52 FA 1968 contains provisions for when forfeiture or disposal of firearms may be ordered. For all other sections a deprivation order should be sought, prosecutors should refer to the provisions in sections 152-161 SA 2020.

Annex A

Air weapons

An air weapon is defined in section 1(3)(b) FA 1968 and 57(4) FA 1968 as an air rifle, air gun or air pistol which does not fall within section 5(1)(a) FA 1968 (firearms designed or adapted so that two or more missiles can be successively discharged without repeated pressure on the trigger), and which is not of a type declared by rules made by the Secretary of State under section 53 FA 1968 to be specially dangerous. This will include paintball guns.

Rules 2 and 3 of the Firearms (Dangerous Air Weapons) Rules 1969 provide that an air weapon is specially dangerous where:

  • it is capable of discharging a missile so that the missile has, on being discharged from the muzzle of the weapon, kinetic energy in excess, in the case of an air pistol of 6ft lbs or in the case of an air weapon other than an air pistol, 12ft lbs; or
  • it is disguised as another object.

Where an air weapon is defined as special dangerous this will include weapons as defined in section 5(1)(ab), 5(1)(aba) and 5(1)(ac) FA 1968. Also, disguised air weapons are considered ‘specially dangerous’ by section 2(b) Firearms (Dangerous Air Weapon) (Amendment) Rules.

Antique firearms

Section 58 FA 1968 defines an antique firearm as one that meets the following conditions:

Component part

Each of the following items is a relevant component part in relation to a lethal barrelled weapon or a prohibited weapon; but only where the weapon is capable of being used as part of a lethal barrelled weapon or a prohibited weapon:

  • a barrel, chamber, or cylinder
  • a frame, body or receiver
  • a breech block, bolt or other mechanism for containing the pressure of discharge at the rear of a chamber

Defectively deactivated weapon

Section 8A(4) Firearms (Amendment) Act 1988 defines a defectively deactivated weapon as a firearm which has been rendered incapable of discharging any missile but in a way that does not meet the relevant technical specifications published by the Secretary of State for this purpose.

The technical standards for deactivating firearms which are currently in force in the UK are set out in the Home Office guidance Deactivated firearms: Implementing Regulation (EU) 2015/2403. It should be noted that the deactivation standards set out in the Regulation do not cover all categories of firearm. Other categories of firearm therefore continue to be subject to deactivation standards in accordance with "Specifications for the adaptation of shotgun magazines and the deactivation of firearms: revised 2010". Such weapons should not be considered as a "defectively deactivated firearm".

Disguised stun guns

Stun guns which are disguised as other objects, such as torches or mobile phones are prohibited weapons contrary to section 5(1)(b) and 5(1A)(a) FA 1968.

Firearm

Section 57(4) FA 1968 defines a firearm as any of the following:

  • a lethal barrelled weapon
  • a prohibited weapon
  • a relevant component part in relation to a lethal barrelled weapon or prohibited weapon
  • an accessory to a lethal barrelled weapon or a prohibited weapon where the accessory is designed or adapted to diminish the noise or flash caused by firing the weapon

Imitation firearms

Section 57(4) FA 1968 defines an imitation firearm is “any thing which has the appearance of being a firearm (other than such a weapon as is mentioned in section 5(1)(b) FA 1968 (a weapon designed or adapted for the discharge of a noxious substance), whether or not it is capable of discharging any shot, bullet or other missile. Whether something is a “lethal barrelled weapon” is a question of fact see R v Singh (1989) Crim. L.R. 724, CA, which involved an evidential dispute as to whether a flare launcher was barrelled.

The key word is ‘appearance’, and the test is whether the thing looked like a firearm at the time when the defendant actually had it with him. (R v Morris and King [1984] 79 Cr. App. R. 104.)

Therefore, a deactivated firearm may fall within this definition.

Lethal barrelled weapon

Section 57(1b) FA 1968 defines a lethal barrelled weapon as a barrelled weapon of any description from which a shot, bullet, or other missile, with kinetic energy of more than one joule as measured at the muzzle of the weapon, can be discharged. It does not include any weapon defined as an airsoft gun under section 57A FA 1968.

Prohibited weapons

Section 5(2)(1) and (1A) FA 1968 provides that weapons and ammunition of a number of different types are prohibited weapons.

Air weapons that are designed for use, with a self-contained gas cartridge system is are a prohibited weapon (section 5(1)(af) FA 1968).

Realistic Imitation Firearms

Section 38(1) VCRA 2006 defines a realistic imitation firearm as:

  • has an appearance that is so realistic as to make it indistinguishable, for all practical purposes, from a real firearm; and
  • is neither a deactivated firearm nor itself an antique

Indistinguishable is defined in section 38(2) VCRA 2006.

Readily convertible imitation firearm

Section 1 Firearms Act 1982 defines a readily convertible firearm as one which has the appearance of a firearm within the definition at section 1 FA 1968 and it is constructed or adapted as to be readily convertible into a firearm. The effect is that offences under the FA 1968 will apply to imitation firearms falling within section 1 FA1982. (It should be borne in mind that the FA 1997 altered FA 1968 and prohibited the ownership of pistols. Those alterations apply to FA 1982. Therefore possession of any readily convertible pistol will be an offence under section 5(1)(aba) FA 1968.) This is subject to exceptions under section 2(2) Firearms Act 1982 in relation to certain sections FA 1968 Act: 4(3) and (4), 16 to 20 and 47.

Readily convertible is defined in section 1(6) FA 1982 as it can be converted without any special skill on the part of the person converting it and the work involved in converting it does not require equipment or tools other than such as are in common use by persons carrying out works of construction and maintenance in their own home.

Shotgun

A shotgun is defined in section 1(3)(a) FA 1968 and 57(4) FA 1968 as a smooth-bore gun (not being an air gun) which:

  • has a barrel note less than 24 inches in length
  • does not have any barrel or a bore exceeding 2 inches in diameter
  • either has no magazine or has a non-detachable magazine incapable of holding more than two cartridges; and
  • is not a revolver

Shot, bullet or other missile

These terms are not defined and should be given their ordinary meaning:

  • shot usually means round pellets
  • bullet is normally discharged from a weapon or a rifled barrel
  • missile is a more general term items such as darts and pellets can be missiles