Possession of Prohibited Weapon (Section 5 Firearms Act 1968)

Possession of Prohibited Weapon is an offence under s.5(1) Firearms Act 1968. A person commits an offence if, without authority, he has in his possession, or purchases or acquires, any of the weapons or ammunition specified in s.5(1): (a) any firearm so designed or adapted that two or more missiles can be successively discharged without repeated pressure on the trigger; (ab) any self-loading or pump-action rifled gun other than one chambered for .22 rim-fire cartridges; (aba) any firearm with a barrel less than 30 centimetres or less than 60 centimetres overall, other than an air weapon, a muzzle-loading gun or a firearm designed as signalling apparatus; (ac) any self-loading or pump-action smooth-bore gun which is not an air weapon or chambered for .22 rim-fire cartridges and has a barrel less than 24 inches or is less than 40 inches overall; (ad) any smooth-bore revolver gun other than one chambered for 9mm rim-fire cartridges or a muzzle-loading gun; (ae) any rocket launcher or mortar for projecting a stabilised missile, other than one designed for line-throwing, pyrotechnic purposes or as signalling apparatus; (af) any air rifle, air gun or air pistol using or designed for a self-contained gas cartridge system; (ag) any rifle with a chamber from which empty cartridge cases are extracted using energy from propellant gas, other than one chambered for .22 rim-fire cartridges; (b) any weapon designed or adapted for the discharge of any noxious liquid, gas or other thing; (ba) any bump stock; and (c) exploding or noxious ammunition and grenades, bombs, rockets or shells designed to explode. Section 5(1A) separately prohibits, without authority, any firearm disguised as another object and specified military rockets, ammunition, launchers and missiles. "Authority" means an authority given in writing by the Secretary of State in or as regards England and Wales (s.5(3)). Maximum sentence: on conviction on indictment, 10 years or a fine, or both (Schedule 6, Part I). Offences under s.5(1)(a), (ab), (aba), (ac), (ad), (ae), (af), (ag), (ba) or (c) and s.5(1A)(a) are triable only on indictment; those under s.5(1)(b) and s.5(1A)(b) to (g) are triable either way, with a summary maximum of 6 months or a fine of the statutory maximum, or both (Schedule 6, Part I). Section 51A(6) states that for the minimum sentence for certain offences under the Act where an individual is convicted in England and Wales, see section 311 of the Sentencing Code.

In practice

Offences under s.5(1)(a), (ab), (aba), (ac), (ad), (ae), (af), (ag), (ba) or (c) and s.5(1A)(a) are indictable-only and must be tried at the Crown Court; those under s.5(1)(b) and s.5(1A)(b) to (g) are either-way and may be tried at the magistrates' court or the Crown Court. 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) and may be visually recorded (Code F).