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Firearms Licensing Solicitors

Firearms licensing and firearms offences in the UK can be highly complex areas of law. Failure to acquire the correct firearms licensing for a weapon can result in a prison sentence.

Firearms licensing law in the UK is based on the premise that firearms are dangerous weapons and, as such, the public should be protected from their misuse. Indeed, firearms licensing and the controls in place that surround ownership of a gun in the UK, are some of the tightest in the world. Having legal representation experienced in firearm licensing law on your side, to ensure that you are treated fairly, can make a real difference to the outcome of your case.

What is a firearm for the purpose of firearms licensing?

The Firearms Act 1968 describes a firearm as “a lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged”.

This includes any prohibited weapon (whether it is such a lethal weapon or not), any component part of such a prohibited or lethal weapon and any accessory of such a weapon which has been designed or adapted in order to lessen the noise or flash caused as a result of firing the weapon.

What does the law say about firearms licensing?

Firearms licensing law in the UK is based on the premise that firearms are dangerous weapons and, as such, the public should be protected from their misuse. Indeed, firearms licensing and the controls in place that surround ownership of a gun in the UK, are some of the tightest in the world.

In the UK, owning a gun is not seen as a right, but rather as a privilege.

What type of weapons are subject to firearms licensing in the UK?

Firearms used for sports, such as clay pigeon shooting, hunting and target shooting, are permitted in the UK, as long as they have the correct firearms licensing (either a firearm certificate or shotgun certificate).

Firearms licensing does not include low powered air weapons in England and Wales, unless they fall under the ‘specially dangerous’ category in the Firearms (Dangerous Air Weapons) Rules 1969. However, even though firearms licensing may not apply (subject to the aforementioned) there are restrictions on the sale of low powered air weapons.

Firearms licensing: what counts as a ‘specially dangerous’ air weapon?

Under the Firearms Act 1968, an air weapon is defined as:

“an air rifle, air gun or air pistol which does not fall within section 5 (1) (a) and which is not of a type declared by rules made by the Secretary of State under section 53 of the Firearms Act to be specially dangerous”.

If an air weapon is able to discharge a bullet (or a missile of any type) with kinetic energy of more than 6 foot lbs (for an air pistol) or 12 foot lbs (for all other air weapons), then it will be deemed to be ‘specially dangerous’ and may require firearms licensing (see above).

What is the difference between a firearms license and a shotgun licence?

Anyone owning a gun classed a shotgun will need to possess a shotgun licence. Shotguns cannot be owned under a firearms licence. Anyone owning a different type of gun will need to have a firearms licence.

How long is firearms licensing valid?

Both firearms licenses and shotgun licenses are valid for 5 years.

How to apply for firearms licensing in the UK?

Firearms licensing in the UK is a matter of both intention and suitability of the individual who wants to possess a weapon. If the intention of the person wanting to keep a gun cannot be established by the authorities or the suitability of the person to own a gun cannot be determined, firearms licensing will not be granted.

Applications for firearms licensing can be done through the government website.

You will need to include the type of gun and ammunition you want to possess on your firearms licensing application.

You will also need to state where your ammunition and gun are going to be stored.

Having referees who have known you for a minimum of 2 years and are British residents is an essential part of the firearms licensing process. These people cannot be family members and cannot be employed by the police.

As part of the firearms licensing process, you will also need to grant permission for the police to contact your GP to ensure that you are of sound mind.

In order to be granted firearms licensing, the police must be satisfied that the person wanting to keep the weapon:

  • Is not prohibited from keeping a firearm and does not have a criminal record
  • Has a good enough reason for keeping the weapon
  • Is not a danger to public safety with the weapon

Can I apply for firearm licensing if I have been to prison?

People who have been sentenced to 3 or more years in prison are not able to possess a firearm.

Anyone sentenced to a term of imprisonment of between 3 months to 3 years will be unable to apply for firearms licensing for 5 years after their release date.

What type of firearms licensing offences are there in the UK?

The law surrounding firearms in the UK can be highly complex. There are a range of firearms offences, including illegal possession of a firearm and unlawfully wounding others with a firearm.

If you have been accused of a firearm offence, whether it involves anything from firearms licensing to criminal use of a firearm, it is vital that you seek legal advice from a solicitor who specialises in firearms law as soon as possible. Firearms offences can carry lengthy prison sentences and seeking expert legal advice as early on as possible in the proceedings, can help to ensure that you achieve the best possible outcome for your circumstances.

A solicitor specialising in firearms licensing can work with you to try to retain your firearms licensing, if the circumstances allow.

What happens if I do not have the correct firearms licensing for my gun?

Firearms offences are serious and can result in lengthy prison sentences for those convicted. Some offences can even result in life imprisonment. For example, under Section 16 of the Firearms Act 1968 it is an offence to possess a firearm with intent to endanger life. Convictions for this offence can result in a maximum penalty of life imprisonment.

If someone possesses a weapon and does not have the necessary firearms licensing for it, the mandatory minimum sentence for adults is 5 years in prison.

When deciding a suitable sentence for a firearms offence, factors such as the type of firearm, whether it was loaded and whether it has been adapted, will be taken into account.

Aggravating factors, such as previous criminal convictions and whether illegal firearms have been used in other criminal convictions, can increase the seriousness of the offence.

Client was on bail for assaulting his infant son. Social services reported the claim, but there was no evidence, only the mother’s statement that the boy was injured by evening. Client explained the injury occurred when the boy fell off a bouncy castle, which was confirmed by four family members. By obtaining statements and submitting them to the police, we demonstrated the lack of evidence, and the case was dropped with no further action.

My client was accused of historic domestic abuse allegations. The police provided written disclosure in advance of an interview, and we were able to go through this and provide a four-page statement detailing evidence to the contrary on each allegation. The statement and evidence provided was so detailed that the police had no questions to put to my client, meaning that the interview process was far less stressful than he envisaged.

Client was on bail for domestic abuse in relation to his wife. This had been dragging on for some time. We were able to obtain the particulars of the allegations from the police and then to go through them with the client. We were then able to obtain evidence that contradicted the allegations, including statements from friends, which showed that the allegations could not be true and so the police took no further action against the client. By obtaining case details, going through these with the client, speaking to witnesses and obtaining corroborative evidence, it was possible to show that the allegations were fabricated.

Client was a health care professional employed on an agency basis. There was a historic allegation made by a former client. We were able to obtain the particulars of the allegation from the police and then to set about obtaining evidence from witnesses who could cast doubt on the allegations and serve this evidence upon the police and push them for a swift resolution. The client had been on a lengthy period of police bail at the time he instructed us, and we were able to speed the process up, which was key as the client was unable to work and had no income during the lengthy period of bail.

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