Possessing a prohibited weapon

s.5Firearms Act 1968

Possessing, buying or acquiring a prohibited weapon or prohibited ammunition without the written authority of the Secretary of State.

Possessing a prohibited weapon · Firearms Act 1968, s.5Card 81 / 195

Points to prove

Without authority
Had in their possession, or purchased or acquired
A prohibited weapon or prohibited ammunition (listed in s.5(1) or (1A))

Key definitions

Prohibited weapon – s.5(1) and (1A) include automatic weapons, most self-loading or pump-action rifles, short firearms such as handguns (barrel under 30 cm or overall under 60 cm), short self-loading or pump-action smooth-bore guns, rocket launchers, air weapons using a self-contained gas cartridge system, bump stocks, and firearms disguised as another object.
Noxious weapon – s.5(1)(b): any weapon designed or adapted to discharge a noxious liquid, gas or other thing, such as CS or pepper spray. A stun gun is included, because electricity is an “other thing” (Flack v Baldry 1988).
Authority – s.5(3): written authority from the Secretary of State (in England and Wales).
Acquire – s.57(4): hire, accept as a gift or borrow.

Good to know

Strict liability as to the nature of the item. It is no defence that the defendant did not know a canister contained CS gas (R v Bradish 1990). The prosecution must still prove possession.
Minimum sentence (Sentencing Act 2020, s.311 and Sch 20): applies to s.5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) and (c), s.5(1A)(a), and s.5(1)(ag) and (ba) (if committed on or after 6 April 2022). For offenders aged 16 or over: 5 years if 18 or over when the offence was committed, 3 years if under 18, unless there are exceptional circumstances. It does not apply to s.5(1)(b), such as CS spray or stun guns.
s.5(2A): manufacturing, selling or transferring, or possessing or acquiring for sale or transfer, a prohibited weapon or ammunition is indictable only, with a maximum of life imprisonment.
Section 5A gives exemptions from the need for authority for some s.5(1A) items, for example certificate holders keeping them as part of a collection, and expanding ammunition held on a firearm certificate for lawful deer or vermin shooting.

Legislation: Firearms Act 1968, s.5 (opens legislation.gov.uk in a new tab)
Mode of trial: Indictable only for s.5(1)(a), (ab), (aba), (ac), (ad), (ae), (af), (ag), (ba) and (c) and s.5(1A)(a); either way for s.5(1)(b) and s.5(1A)(b) to (g)
Maximum penalty: 10 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily, where triable either way)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Possessing a prohibited weapon: questions people ask

What are the points to prove for possessing a prohibited weapon?

1. Without authority 2. Had in their possession, or purchased or acquired 3. A prohibited weapon or prohibited ammunition (listed in s.5(1) or (1A))

What is the maximum sentence for possessing a prohibited weapon?

10 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily, where triable either way)

Is possessing a prohibited weapon a summary, either-way or indictable offence?

Mode of trial: Indictable only for s.5(1)(a), (ab), (aba), (ac), (ad), (ae), (af), (ag), (ba) and (c) and s.5(1A)(a); either way for s.5(1)(b) and s.5(1A)(b) to (g).

What Act and section is possessing a prohibited weapon?

Possessing a prohibited weapon is an offence under the Firearms Act 1968, s.5.

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