Transfer and Manufacture of Prohibited Weapons (Section 5(2A) Firearms Act 1968)

Transfer and Manufacture of Prohibited Weapons is an offence under s.5(2A) Firearms Act 1968. A person commits an offence if without authority he manufactures any weapon, device or ammunition specified in s.5(1), sells or transfers any prohibited weapon or prohibited ammunition, has in his possession for sale or transfer any prohibited weapon or prohibited ammunition, or purchases or acquires for sale or transfer any prohibited weapon or prohibited ammunition (s.5(2A)). "Authority" means an authority given in writing by the Secretary of State in or as regards England and Wales (s.5(3)); "prohibited weapon" and "prohibited ammunition" are the weapons and ammunition specified in s.5(1) and (1A) (s.5(2)); and "transfer" includes let on hire, give, lend and part with possession (s.57(4)). Maximum sentence: on conviction on indictment, imprisonment for life (Schedule 6, Part I); the offence is triable only on indictment. 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

This is an indictable-only offence: it must be tried at the Crown Court. The charging decision rests with the CPS (not police). 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).