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Possession of Ammunition Without Certificate (Section 1(1)(b) Firearms Act 1968)

Firearms Act 1968, s.1(1)(b)

  • Either way
  • 5 years' custody (7 years' custody where the offence is committed in an aggravated form within the meaning of s.4(4))

Definition

Subject to any exemption under this Act, it is an offence for a person (b) to have in his possession, or to purchase or acquire, any ammunition to which this section applies without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate, or in quantities in excess of those so authorised. (Firearms Act 1968, s.1(1)(b)) This section applies to any ammunition for a firearm, except the following articles, namely: (a) cartridges containing five or more shot, none of which exceeds .36 inch in diameter; (b) ammunition for an air gun, air rifle or air pistol; and (c) blank cartridges not more than one inch in diameter measured immediately in front of the rim or cannelure of the base of the cartridge. (Firearms Act 1968, s.1(4))

Points to prove

  1. A person
  2. has in his possession, or purchases or acquires
  3. any ammunition to which s.1 applies (any ammunition for a firearm except cartridges containing five or more shot none exceeding .36 inch, air weapon ammunition, and blank cartridges not more than one inch in diameter)
  4. without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate, or in quantities in excess of those so authorised
  5. no exemption under the Act applying

Possession of Ammunition Without Certificate is an offence under s.1(1)(b) Firearms Act 1968. Subject to any exemption under the Act, it is an offence for a person to have in his possession, or to purchase or acquire, any ammunition to which s.1 applies without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate, or in quantities in excess of those so authorised (s.1(1)(b)). The section applies to any ammunition for a firearm except cartridges containing five or more shot none of which exceeds .36 inch in diameter, ammunition for an air gun, air rifle or air pistol, and blank cartridges not more than one inch in diameter (s.1(4)); "ammunition" means ammunition for any firearm and includes grenades, bombs and other like missiles, whether capable of use with a firearm or not, and also includes prohibited ammunition (s.57(2)). Maximum sentence: on conviction on indictment, 5 years or a fine, or both, or 7 years or a fine, or both, where the offence is committed in an aggravated form within the meaning of s.4(4); on summary conviction, 6 months or a fine of £400, or both, as the text of Schedule 6, Part I reads.

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. Firearms must be made safe by a trained officer before being handled. Continuity of the exhibit from scene to storage is essential. Check the National Firearms Licensing Management System for any certificates or previous incidents. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).

Last updated 20 October 2026. Reviewed 20 October 2026