Firearms Acts 1968


Firearms Acts 1968

Possession of firearms by persons previously convicted of crime (Firearms Act 1968)

*This is particularly important for people who have served or are serving a custodial sentence, or who have previous convictions. This is the relevant section of the Firearms Acts 1968

Three guns

22.21 A person who has been sentenced to custody for life or to preventive detention, or to imprisonment or to corrective training for a term of three years or more, or to youth custody or detention in a young offenders institution, shall not at any time have a firearm or ammunition in his possession.

22.22 A person who has been sentenced to imprisonment for a term of three months or more but less than three years, or to youth custody or detention in a young offenders institution for such a term or who has been subject to a secure training order or a detention and training order, shall not at any time before the expiration of the period of five years from the date of his release have a firearm or ammunition in his possession.

22.23 In the case of a sentence with an order under section 47(1) of the Criminal Law Act 1977 (partly in prison and partly suspended) “the date of his release” means the date on which the period in prison specified in the order is completed.

22.24 In the case of a person subject to a secure training order “the date of his release” means the date in which he is released from detention under the order, or the date halfway through the total period specified in the order, whichever is the later.

188 22.25 In the case of a person subject to a detention and training order “the date of his release” means the date on which he is released from detention ordered under section 104 of the Powers of Criminal Courts (Sentencing) Act 2000, or the date in which he is released on licence following recall from prison as specified in the order, or the date of the half-way point of the term of the order, whichever is the later.

22.26 It should be noted that the wording of section 21(2B) was repealed by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 from 3 December 2012.

22.27 A person who is subject to a recognizance to keep the peace or to be of good behaviour, or a community order within the meaning of Part 12 of the Criminal Justice Act 2003 made in England or Wales, or a caution in Scotland, containing a requirement that he shall not possess, use or carry a firearm, shall not at any time during which he holds the licence or is so specified by the order, have a firearm or ammunition in his possession.

22.28 It is an offence for a person to sell or transfer, or to repair, test, or prove, a firearm or ammunition for a person whom he knows or has reasonable ground for believing to be prohibited by this section to have a firearm or ammunition in his possession.

22.29 A person prohibited under this section from having in his possession a firearm or ammunition may apply to the Crown Court or, in Scotland, to the sheriff, for a removal of the prohibition, and if the application is granted that prohibition shall not then apply to him.

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