Possessing a firearm without a certificate

s.1Firearms Act 1968

Having in your possession, or buying or acquiring, a firearm or ammunition covered by s.1 without a firearm certificate, or otherwise than as the certificate allows.

Possessing a firearm without a certificate · Firearms Act 1968, s.1Card 53 / 85

Points to prove

Had in their possession, or purchased or acquired
A firearm to which s.1 applies (s.1(1)(a)), or ammunition to which s.1 applies (s.1(1)(b))
Without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate (or, for ammunition, in quantities above those authorised)

Key definitions

Firearm – s.57(1): a lethal barrelled weapon, a prohibited weapon, or a relevant component part of either (a barrel, chamber or cylinder; a frame, body or receiver; or a breech block, bolt or similar mechanism – s.57(1D)).
Lethal barrelled weapon – s.57(1B): a barrelled weapon of any description from which a shot, bullet or other missile can be discharged with kinetic energy of more than one joule at the muzzle.
Firearm to which s.1 applies – s.1(3): every firearm except (a) a shot gun as defined in s.1(3)(a) (smooth-bore, barrel at least 24 inches, bore not over 2 inches, no magazine or a fixed magazine holding no more than two cartridges, not a revolver) and (b) an air weapon that is not prohibited and not declared specially dangerous by rules.
Ammunition to which s.1 applies – s.1(4): all ammunition for a firearm except shotgun cartridges with five or more shot none over .36 inch, air weapon ammunition, and blanks not more than one inch in diameter.
Acquire – s.57(4): hire, accept as a gift or borrow.
Firearm certificate – s.57(4): a certificate granted by a chief officer of police for s.1 firearms or ammunition.

Defences

Exemptions – ss.7 to 13 exempt certain people and activities, such as police permit holders, dealers and carriers, slaughterers, approved clubs and sporting events, theatre and film productions, and ships and aircraft equipment.
Antiques – s.58(2): the Act does not apply to an antique firearm sold, transferred, bought, acquired or possessed as a curiosity or ornament. What counts as antique is set by s.58(2A) to (2C) and regulations.

Good to know

Strict liability: the prosecution does not have to prove the defendant knew the item was a firearm. A genuine but mistaken belief that a revolver was an antique was no defence (R v Howells 1977).
Aggravated form (7 years) – s.4(4): possessing, buying or acquiring a shot gun shortened to under 24 inches, or an imitation converted into a firearm, without a firearm certificate.
Shot guns need a shot gun certificate instead (s.2). Prohibited weapons such as handguns and automatic weapons are a separate, more serious offence under s.5 (10 years, with a 5-year minimum sentence for adults).
Airsoft guns within s.57A are not firearms.
Since 29 June 2026, sound moderators and flash suppressors are no longer “firearms”. Having one without a firearm or shot gun certificate is now a separate summary offence under s.2A (Crime and Policing Act 2026).

Legislation: Firearms Act 1968, s.1 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 5 years' imprisonment and/or a fine on indictment (7 years in the aggravated form); 12 months' imprisonment and/or a fine (summarily)