Possession of a firearm by a person previously convicted

s.21Firearms Act 1968

Having a firearm or ammunition in your possession while you are banned from doing so because of a previous custodial sentence or certain court orders.

Possession of a firearm by a person previously convicted · Firearms Act 1968, s.21Card 82 / 195

Points to prove

The defendant was a person prohibited by s.21 (see key definitions)
Had in their possession
A firearm or ammunition
At a time when the prohibition applied

Key definitions

Lifetime ban – s.21(1): sentenced to custody for life, or to imprisonment, youth custody or detention in a young offender institution for 3 years or more.
Five-year ban – s.21(2): sentenced to 3 months or more but less than 3 years, or subject to a secure training order or detention and training order. The ban runs for 5 years from the date of release.
Suspended sentence – s.21(2C): a suspended sentence of 3 months or more. The ban runs for 5 years beginning with the second day after the sentence is passed.
Orders – s.21(3): while holding a licence under s.53 Children and Young Persons Act 1933, or subject to a recognisance or community order with a condition not to possess, use or carry a firearm.
Firearm – s.57(1): includes air weapons, so a prohibited person commits this offence by possessing an air rifle.

Good to know

The antiques exemption in s.58(2) does not apply to s.21. A prohibited person cannot rely on a firearm being an antique.
s.21(5): it is an offence to sell or transfer a firearm or ammunition to, or repair, test or prove one for, a person you know or have reasonable grounds to believe is prohibited. Same penalty.
s.21(6): a prohibited person can apply to the Crown Court to have the prohibition removed.
A person prohibited in Northern Ireland is also prohibited in Great Britain (s.21(3A)).

Legislation: Firearms Act 1968, s.21 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 5 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Possession of a firearm by a person previously convicted: questions people ask

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

1. The defendant was a person prohibited by s.21 (see key definitions) 2. Had in their possession 3. A firearm or ammunition 4. At a time when the prohibition applied

What is the maximum sentence for possession of a firearm by a person previously convicted?

5 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)

Is possession of a firearm by a person previously convicted a summary, either-way or indictable offence?

Possession of a firearm by a person previously convicted is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

What Act and section is possession of a firearm by a person previously convicted?

Possession of a firearm by a person previously convicted is an offence under the Firearms Act 1968, s.21.

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