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Section 5 firearm offences: A Guide

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  • Managing Partner - Head of Crime & Serious Cases

Section 5 of the Firearms Act 1968 is concerned with the possession, purchase and acquisition of prohibited firearms. This is a complex piece of legislation and failing to properly understand its terms could result in a criminal offence being committed, even if unintentionally.

In Brief

Section 5 of the Firearms Act 1968 regulates the possession, purchase, and acquisition of "prohibited weapons" in the UK. This is a strict piece of legislation; possession of an illegal firearm—even if unintentional or disguised—is a serious criminal offence. Prohibited items include fully automatic weapons, short-barrelled rifles, and certain self-loading shotguns, as well as non-lethal devices like stun guns.

  • Prohibited Weapons List: The Act covers high-intensity firearms (machine guns, burst-fire), firearms with barrels under 30cm, disguised firearms (e.g., pen guns), rocket launchers, and "noxious" devices like CS gas, pepper spray, or stun guns.

  • Imitation Firearm Risks: Under the Firearms Act 1982, it is an offence to possess an imitation firearm that is "readily convertible" into a functional weapon using common skills or tools.

  • Sentencing Guidelines: Section 5 offences are triable "either-way" or "indictable-only." The maximum sentence is 10 years’ imprisonment, though minimum sentences can be as low as a discharge depending on "Type" and "Culpability."

  • Culpability Tiers: Sentencing is divided into three types: Type 1 (designed to kill multiple people rapidly), Type 2 (lethal but not rapid-fire), and Type 3 (non-lethal).

  • Aggravating Factors: Higher culpability is found if the offender intended the weapon for a criminal purpose, if it was loaded with compatible ammunition, or if it caused serious public alarm or distress.

  • Legal Support: Firms like JD Spicer Zeb provide specialist advocacy for these cases, focusing on identifying technical flaws in weapon classification and negotiating sentence reductions (e.g., the one-third reduction for an early guilty plea).

This article explores Section 5 of the Firearms Act in detail, explaining what firearms are prohibited under the act, what actions could amount to an offence, and what the sentencing guidelines are.

While we hope this information is useful, please note, it should not be taken as legal advice. If you need legal support with offences that fall under Section 5 of the Firearms Act, then please get in touch and our team can advise you.

What is classed as a firearm?

Section 57(1) of the Firearms Act defines a firearm as a lethal barrelled weapon or prohibited weapon. Additionally, the definition also extends to a relevant component of a lethal barrelled weapon, or an accessory to a weapon that is designed to diminish the noise or flash caused by firing.

What is the Section 5 Firearms Act?

Section 5 of the Firearms Act sets out the firearms that are prohibited in the UK, as well as any actions that are considered to be illegal in relation to said firearms.

What firearms are prohibited under the Act?

Under Section 5 of the Firearms Act, the following weapons and ammunition are prohibited:

  • Any firearm that is designed or adapted to allow for two or more missiles to be discharged without repeated pressure on the trigger (e.g. machine guns, burst-fire weapons).
  • Self-loading or pump-action rifled guns other than one which has been chambered for .22 rim fire (e.g. short-barrelled rifles).
  • Firearms which have a barrel less than 30cm in length, or is less than 60cm in length overall, excluding air weapons, muzzle-loading guns, or firearms designed as signalling apparatus.
  • Self-loading or pump-action smooth-bore guns which are not air weapons or chambered for .22 rim-fire cartridges and either has a barrel less than 24” in length or is less than 40” in length overall.
  • Smooth-bore revolver guns other than those which are chambered for 9mm rim-fire cartridges, or a muzzle-loaded gun.
  • Rocket launchers or mortars designed to project a stabilising missile, excluding launchers or missiles designed for line-throwing or pyrotechnic purposes or as signalling apparatus.
  • An air rifle, air gun or air pistol which uses, or is designed or adapted for use with, a self-contained gas cartridge system.
  • Cartridges with bullets designed to explode on, or immediately before, impact.
  • Any firearm disguised as another object.
  • Any rifle with a chamber from which empty cartridge cases are extracted using energy from propellant gas, or energy imparted to a spring or other energy storage device by propellant gas, other than a rifle which is chambered for .22 rim-fire cartridges.
  • Weapons designed or adapted for the discharge of any noxious liquid gas, including stun guns or electric shock devices.
  • Devices, known as bump stocks, which are designed or adapted to be capable of forming part of a self-loading lethal barrelled weapon. When formed, the device increases the rate of fire of the weapon by using the weapon’s recoil to generate repeated pressure on the trigger.
  • Any grenade, bomb (or other missile), rocket or shell which can be used with a firearm and which is designed to explode.

What actions constitute an offence under Section 5 of the Firearms Act 1968?

Section 5 of the Firearms Act 1968 confirms that it is an offence to possess, purchase or acquire any of the prohibited weapons previously listed.

In addition to this, it is also an offence to possess any ammunition for military use that is:

  • Designed to ignite before impact.
  • To penetrate armour plating, screening or body armour.
  • To be used with a pistol that incorporates a missile designed or adapted to expand on impact.

Section 5(2A) of the Act also stipulates that it is an offence to manufacture or sell a prohibited weapon or ammunition without written authority from the Secretary of State.

Is it an offence to own an imitation firearm?

As per Section 5 of the Firearms Act, imitation firearms are defined as anything which has the appearance of a firearm, regardless of whether or not it is capable of discharging any shot, bullet or other missile. It is important to note that this definition does not include weapons which are designed or adapted for the discharge of noxious liquid, gas or other thing.

Section 1(1) of the Firearms Act 1982 clarifies that it is an offence to possess an imitation firearm that can be readily converted into a functioning firearm. In this context, readily convertible means that the imitation can be converted without the use of any special skills, tools or equipment.

What is the sentencing for possessing a firearm?

Possessing, purchasing or acquiring a prohibited weapon or ammunition can either be an indictable only offence, or triable either way. This will depend on the seriousness and relative complexity of the case.

The maximum sentence you can receive for possessing a firearm under Section 5 of the Firearms Act is 10 years’ imprisonment. Meanwhile, the minimum sentence is a discharge.

The sentence you receive will depend on the culpability (referring to the type of weapon or ammunition and other factors) and the harm caused.

Culpability is divided into three categories based on both the type of weapon and other factors:

Culpability – type of weapon

  • Type 1 – Weapons designed or adapted to be capable of killing two or more people at the same time or in rapid succession.
  • Type 2 – All other weapons falling between Type 1 and Type 3
  • Type 3 – Weapons not designed or adapted to be lethal

Culpability – other culpability factors

  • High culpability
    • Offender uses or intends to use, firearm or ammunition for a criminal purpose
    • Offender is reckless as to whether a firearm or ammunition would be used for a criminal purpose
  • Medium culpability
    • Firearm or ammunition is produced or used
    • Firearm is loaded or held with compatible ammunition
    • Offender intends firearm to be used or is reckless to whether it would be used (where not at High culpability)
  • Lower culpability
    • No use or intention to use

Harm is also divided into three categories:

  • Category 1
    • Serious alarm and/or distress caused
    • High risk of death or serious physical or psychological harm
    • High risk of serious disorder
  • Category 2
    • All other cases falling between Category 1 and Category 3
    • Factors in both 1 and 3 are present and balance each other out
    • The harm falls between the factors as described in 1 and 3
  • Category 3
    • No/minimal alarm/distress caused
    • No/minimal risk of death or serious physical or psychological harm
    • No/minimal risk of serious disorder

After all of these factors have been assessed, it will also be necessary to consider various mitigating or aggravating factors which can affect the length of any sentence that is handed out.

Credit for a guilty plea

In short, where a guilty plea is indicated at the first stage of proceedings, you could receive a reduction from 1/3 of a penalty for committing an offence under the Section 5 Firearms Act.

More information regarding the potential outcomes for indicating a guilty plea can be found here.

What can I do if I’m accused of committing an offence under Section 5 of the Firearms Act?

As we have discussed, the potential consequences of being found guilty of possessing a firearm can be extremely serious. This highlights the importance of instructing expert legal advice at the earliest opportunity, particularly from a team who have specialist expertise in handling cases related to Section 5 of the Firearms Act.

At JD Spicer Zeb, our expert team of criminal defence solicitors have over 45 years of experience in advising on a diverse range of criminal law matters and are Law Society accredited in Criminal Litigation. We have established a strong track record of success and our many years of practice have allowed us to establish close relationships with many of the country’s leading criminal defence barristers.

If you are accused of committing an offence under Section 5 of the Firearms Act, we are well-placed to provide you with the support you need.

Related matters

Our expert criminal defence solicitors provide support on a range of other matters that are related to Section 5 Firearms offences, including:

Fees and funding

We are committed to making sure that we are always fully transparent when it comes to costs.

If you need to attend court for a Section 5 firearms offence, legal aid public funding will become available in certain cases. This depends on whether it justifies the grant of public funding.

For clients who do not qualify for legal aid public funding, the alternative option will be to fund a case on a private basis.

To find out more about the way we handle fees (both legal aid public funding and private fees) for a Section 5 Firearms offence, please use the links provided below:

Speak to our criminal lawyers today

If you are due to attend the police station in relation to a Section 5 Firearms offence, require any urgent specialist advice, or immediate representation, please do not hesitate to get in touch.

You can contact our specialist criminal defence lawyers in London, Birmingham and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

24/7 legal representation for Section 5 Firearm offences

Please get in touch for a free consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice for Section 5 firearm offences.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number at 07836 577 556.