Possession of Firearm Without Certificate (Section 1 Firearms Act 1968)

Possession of Firearm Without Certificate is an offence under s.1(1)(a) 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, a firearm to which s.1 applies without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate (s.1(1)(a)). The section applies to every firearm except a shot gun within the meaning of the Act and an air weapon which does not fall within s.5(1) and is not of a type declared specially dangerous (s.1(3)); "firearm" means a lethal barrelled weapon, a prohibited weapon or a relevant component part of either (s.57(1)). 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. The parallel offence of possessing, purchasing or acquiring a shot gun without a certificate authorising him to possess shot guns (s.2(1)) is triable either way, with a maximum on indictment of 5 years or a fine, or both, and on summary conviction of 6 months or the statutory maximum, or both (Schedule 6, Part I).

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).