Possessing or acquiring a prohibited weapon or ammunition

Question 1

Q: What is the law on possessing or acquiring a prohibited weapon or ammunition?

Answer 1

S5 Firearms Act 1968- it is an offence to have in your possession or to purchase or acquire a prohibited weapon or weapon, without the authority of the sec of state or his Scottish equivalent.

Question 2

Q: What type of offence is it?

Answer 2

Triable either way offence.
Carries maximum sentence of 10 years imprisonment on indictment.

Question 3

Q: Does it matter if D was unaware that they possessed a firearm?

Answer 3

Like the other possession offences under the Firearms Act, it is a strict liability offence. It does not matter if D knew he was in possession of a firearm or ammunition or knew what sort of firearm, so long as he knew he had something.

Question 4

Q: What are the exemptions to this offence?

Answer 4

• Slaughterers- a licenced slaughterer may possess a slaughtering instrument and those authorised by certificate to possess, buy, acquire, sell or transfer slaughtering instruments are exempt from the provisions of s5
• Humane killing of animals- this allows a person authorised by certificate (eg: vet) to possess, buy, acquire or transfer a firearm solely for using in connection with the humane killing of animals.
• There is a similar exemption to that above for the treatment and tranquilisation of animals.
• Shot pistols for vermin- this allows a person authorised by certificate (eg: local authority vermin controller) to possess, buy, acquire or transfer a shot pistol solely for the shooting of vermin.
• Races at athletic meetings- a person may possess a firearm at an athletic meeting for the purpose of starting races at that meeting. Anyone authorised by certificate to possess, buy or acquire a firearm solely for the purpose of starting such races may possess, buy, acquire or transfer a firearm for such purpose.
• Trophies of war- a person authorised by certificate to do so may possess a firearm which was acquired as a trophy before 01 January 1946.
• Firearms of historic interest- firearms which are considered to be of particular historical or technical interest may be covered by exemptions by the Firearms Amendment Act 1997. This allows their possession, acquisition, and sale.
• Air weapons with self-contained gas cartridges, which were owned before January 2004- may be legally possessed if their owners applied for a firearms certificate before 01 April 2004.