Possession of a Firearm

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:

1. 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.
2. You should never answer any police questions without a solicitor present.
3. You have the right to free legal representation.
4. 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.