Possession of a Gun

Possession of an illegal firearm is a highly serious criminal offence. A conviction could see you facing a minimum sentence of 5 years’ imprisonment and potentially much longer. Representation from expert criminal defence lawyers with specialist experience in firearm possession charges is therefore essential.

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If you believe your case is likely to have serious consequences for you now, or in the future and you have the means to pay for this service

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With over 40 years experience dealing with these types of serious criminal charges, our team have the detailed legal knowledge and strong advocacy skills you need to protect your legal rights and build an effective defence.

We can support you from the point of arrest onwards, providing clear advice, robust representation and empathetic personal support during this difficult time. We can also advise you before the point of arrest if you have concerns about a potential charge.

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Why choose JD Spicer Zeb?

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We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.

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Yes, read about the recent cases we've helped our clients with here.

We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you.

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OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED -

"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".

Do you offer free consultations?

Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about –

Whether we can take the case on and our relevant experience.
Public and private funding benefits.
Assistance in applying for legal aid where we are likely to accept instructions.
An outline of options in police interview only. We will not advise you on which option to adopt.
Providing our free written guide explaining the police station process.
The gravity of routine and day-to-day offences you face.
Consequences of not attending the court or police station.
Consequences of interfering with any witnesses.
Retaining any evidence in support of your case.
If possible an outline of the elements of the offence that the police or CPS must prove.
This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.

Consultations do not apply to the following cases –

If we do not intend to take the case on.
Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
If your relationship has broken down with your existing solicitor or several solicitors.
If you have been released under investigation and have already had a police station attendance.
If you hold legal aid with another firm and seek a second opinion.
If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
To businesses.
Advising whether you were given good advice by your other solicitor.
Whether to decide to plead guilty or not guilty.
Whether you have an arguable defence in law or factually complicated defences.
Any advice you have had after your first court appearance.
Any advice on appeal on conviction or sentence.
If we feel we are unable to communicate with you.
If we are likely to be conflicted or breach our professional rules.

Our expertise with possession of firearms charges

For over 40 years, JD Spicer Zeb has been representing clients facing the most serious criminal charges, including those related to possession of firearms. Our seasoned expertise means we understand exactly how these charges work and what you need to build the strongest possible defence.

We can offer effective representation for firearms offences including:

Possession of a prohibited firearm
Possession of a legal firearm without the correct permit or authorisation
Possession of firearm with intent to injure
Possession of firearm with intent to cause fear of violence
Carrying firearm with criminal intent
Carrying firearm in a public place
Trespassing with firearm
Possession of firearms by persons previously convicted of crime
Using another person to mind a dangerous weapon

Our team have strong expertise in the various types of evidence used in firearms possession cases, including forensics, ballistics, and witness testimony so we can ensure no key detail or potential angle of defence is missed.

We regularly represent clients in courts of all levels, as well as working with some of the UK’s leading criminal defence barristers specialising in firearms offences, so if your case does go to trial, we can ensure you have the very best representation.

What to do if you are arrested for possession of a gun

During an arrest and any subsequent police interview, it can be very easy to say or do something which can undermine your defence later. It is therefore important to remember your legal rights, as this can help you to avoid making any such damaging mistakes.

The most important things to remember when speaking to the police are:

You do not have to answer any questions asked by the police. Whether to do so or not requires a thorough understanding of your case and how the criminal justice system works. Legal advice should be taken before saying anything.
You should never answer any police questions without a solicitor present.
You have the right to free legal representation.
You can use the duty solicitor available or choose your own lawyer.

At the point of arrest, the arresting officers are required to tell you the specific offence or offences that you are accused of committing. They must also caution you using the words:

“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

Following an initial police interview for possession of a firearm, you may be:

Released with no further action
Released under investigation
Detained in custody
Charged with a specific offence

If you are charged with a gun possession offence:

A hearing date will be set
You will either be:
- Released on bail
- Kept in custody until your court hearing

Please note, if you are released under investigation or with no further action, you can be rearrested or summonsed to attend a court hearing at any time.

What is classed as an illegal firearm under English law?

Section five of Part One of the Firearms Act 1968 defines an illegal firearm based on various factors, including:

The ability to discharge two or more projectiles successively without repeated pressure on the trigger
A barrel less than 30cm long
An overall length of 60cm or less (except for air weapons, muzzle-loading guns and firearms designed for signalling)
Self-loading or pump-action (other than guns chambered for .22 rim-fire cartridges)

This is not a comprehensive list and more detail can be found by viewing the Firearms Act 1968.

Penalties for possession of a gun

The mandatory minimum sentence for an offence related to possession of an illegal firearm is 5 years’ imprisonment for anyone aged 21 and over.

For those aged 18-20, the minimum sentence is 5 years in a young offender institute.

For those aged 16-17, the minimum sentence is 3 years in a young offender institute.

What defence is there if you are charged with firearm possession?

There can be various defence strategies depending on your situation, so it is important to have expert representation as soon as possible so all available options can be considered.

It may be that you only took possession of the firearm under duress, in order to mind it for another person. Or that you were unaware the firearm was in your possession e.g. because someone else had hidden it in your home.

If you accept that you were knowingly in possession of a firearm, it may be possible to secure a lesser sentence by showing that the firearm was not in sight or that you had no intention of using the firearm.

Our criminal defence solicitors can offer experienced guidance on all of the potential options for your defence. We can help you to avoid charges or secure a not guilty verdict wherever possible, or achieve lower penalties if a conviction cannot be avoided.

Contact our criminal defence lawyers today

For a free initial consultation, urgent specialist advice, immediate representation or to speak to us confidentially about an arrest or charges related to possession of a firearm, please do not hesitate to get in touch.

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

Brent & Camden London Office: 020 7624 7771
Manchester Office: 0161 835 1638
Birmingham Office: 0121 614 3333
City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)

Or email: solicitors@jdspicer.co.uk

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

24/7 legal representation for gun possession charges

Please get in touch for a free initial consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice on dealing with an arrest or charges connected to possession of a firearm.

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

This document does not constitute legal advice.

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