Firearms licensing

Firearms licensing

Reeds has dedicated Firearms Licensing Solicitors available for legal advice and representation. Many people have firearms for an entirely legitimate purpose, for example, where they are used as part of their employment, or even for recreational purposes.

The possession of a firearm without a firearms certificate is a very serious offence. If your firearms license has been revoked or you have had your application refused, contact one of our firearms solicitors.

Reeds Solicitors is an award winning and leading top-tier criminal defence firm. For legal advice and representation, please contact us through our contact page here. Alternatively you can phone 0333 240 7373, or email us at info@reeds.co.uk.

Services Reeds’ Firearms Licensing Solicitors Provide

Our firearms licensing solicitors have extensive experience in acting on behalf of gun owners in any matter relating to firearms licensing. We can help with:

  • Shotgun Certificate Applications
  • Firearms license applications
  • Application of Firearms certificate with previous convictions
  • Firearms license amendments to allow for more or different guns to be held than the existing license
  • Appeals against the revocation of a firearms license at Crown Court
  • Advice and assistance in response to a license refusal.
  • Advice on the unexpected possession of firearms
  • Inheriting and possessing antique firearms
  • Hunting and the use of general licenses

Due to the serious nature of owning a firearm without a certificate, it is best to seek legal advice as soon as possible when appealing a firearms license refusal or revocation. Specialist firearms licensing solicitors understand the processes and regulations around appeals, and will ensure you have a strategy in place when the appeal is made.

Contact us for an initial discussion and advice:

For legal advice and representation, please contact us through our contact page here. Alternatively you can contact our firearms licensing solicitors by phone 0333 240 7373, or email us at info@reeds.co.uk.

 

Meet the team

How We Can Help

Firearms and explosives law encompasses a wide range of offences. Because we specialise in criminal law, we have an unmatched understanding of not only the law, but how the police and courts deal with these types of cases. You can be confident of getting the best legal advice and representation available.

We believe in fighting relentlessly to protect your rights and achieve the best outcome. Our team is known for its tenacity, strategic thinking, and persuasive advocacy both inside and outside the courtroom.

Whether you have been charged with a relatively minor firearms or explosives offence, such as not having a valid certificate, or one that carries a severe custodial sentence, we will be on your side. We do not judge and are passionate about ensuring everyone has the best defence available when charged with a crime. We instruct the most reputable experts in the country to support us in defending you.

Our Criminal Defence Solicitors handle a wide range of cases, including, but not limited to, not having as valid firearms certificate, illegally importing firearms, illegally adapting a firearm to make it more dangerous, threatening someone with a firearm, possessing unauthorised explosives, and more. No matter how complex your case, we have the expertise to provide robust representation.

We understand that you may be worried about your personal and professional reputation. Everything you tell us is confidential and we have extensive experience in high-profile cases which often attract media attention. We will use all our considerable resources and relationships to protect your best interests and the privacy of your family as far as possible.

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FAQ

Section 1 Firearms (as defined by the Firearms Act 1968)

As the title suggests, a section 1 firearm is commonly used to refer to firearms as defined by section 1 of the Firearms Act 1968 (FA 1968).

Such firearms generally require a firearms certificate in order for possession or use to be legal. The majority of these firearms are rifles, muzzle-loading pistols, long-barrelled pistols or large capacity shot guns.

Another type of firearm which falls into this category is air weapons which the Home Office have deemed to be specially dangerous for the following reasons:

  • An air weapon (rifle or gun) capable of discharging a missile which, on discharge from the muzzle, has kinetic energy exceeding 12 foot pounds, unless it is a weapon which is designed for use under water;
  • An air-pistol capable of discharging a missile which, on discharge from the muzzle, has kinetic energy exceeding 6 foot pounds, unless the above exception applies;
  • Any air rifle, gun or pistol which is made to look like another object.

These include air weapons powered by compressed carbon dioxide.

Effectively, section 1 firearms are all weapons (including air weapons which are specially dangerous), barring other air weapons (i.e. those which are not specially dangerous as per the above criteria) and smooth-bore shot guns, so long as such weapons:

  • Have a barrel over 24 inches long and have no barrel with a bore of more than 2 inches;
  • Have no magazine or non-detachable magazine which can hold more than two cartridges;
  • Are not a revolver gun.

There are also certain other types of converted firearms which fall into section 1 also.

Section 2 Shotguns (as defined by the FA 1968)

So long as a shotgun adheres to the above criteria, it falls within section 2 FA 1968 and, therefore, is subject to different rules than a section 1 firearm.

Where a shotgun has capacity for only two cartridges, it must have a magazine which bears an appropriate stamp from an approved Proof House (e.g. Worshipful Company of Gunmakers of London, the Birmingham Proof House). If these conditions are not met, then the shotgun will be classed as a section 1 firearm and will thus require the relevant certification.

In order to possess a shotgun, a certificate is required. The criteria for obtaining such a certificate, however, is not as onerous as that for obtaining a section 1 firearm.

Air weapons Licensing

Any air rifle which produces less than 12-foot pounds for muzzle velocity or any air pistol which produces less than 6-foot pounds does not require a licence. To legitimately possess an air weapon as described above, you must be a minimum of 18 years old. There are, however, exceptions to this, e.g. a person under the age of 18 may possess an air weapon on private land with supervision from a person over the age of 21.

Storing, transporting and shooting air rifles and pistols are covered by complex laws and regulations, so seeking legal advice surrounding your personal circumstances is strongly recommended.

In some situations, an offence with an air weapon will be considered the same as a standard firearms offence.

When certain conditions are met, the police must grant an application for a firearms certificate for a section 1.

A firearm certificate shall be granted where the chief officer of police is satisfied that:

  1. (a) that the applicant is fit to be entrusted with a firearm to which section 1 of the Act applies and is not a person prohibited by this Act from possessing such as firearm;
  2. (b) that he has a good reason for having in his possession, or for purchasing or acquiring, the firearm or ammunition in respect of which the application is made; and
  3. (c) that in all the circumstances the applicant can be permitted to have the firearm or ammunition in his possession without danger to the public safety or to the peace.

The Chief Officer of the Police for the area in which the certificate holder resides has the power to revoke the certificate in certain circumstances. This can include where there is reason to believe that the holder is of “intemperate habits”, “unsound mind” or is otherwise unfit to be entrusted with a firearm. Where the Police believe that the holder can no longer be permitted to have the firearm in their possession without danger to public safety or to the peace, then they will revoke the certificate.

The law relating to firearms licensing is complicated. There are many examples in case law where individuals have had their certificates revoked, even when there has been no suggestion that they have behaved irresponsibly with a firearm. By way of illustration, there are cases where a conviction for drink driving has been held by the Court to give sufficient basis for the Chief Officer to revoke a firearms certificate. As such, specialist legal advice is essential, and our experienced team at Reeds are ideally placed to provide you with that.

Some of the most frequent reasons for a license to be revoked are:

  • You are considered a danger to public safety when in possession of a firearm
  • It may be considered that you are not of sound mind or are too ‘unstable’ to hold a firearm
  • The authorities have deemed that ill health has affected your ability to handle a firearm safely
  • You no longer have a valid reason to possess a firearm
  • You have received a custodial sentence of three months or more – thus preventing you from owning a firearm for a 5-year period from the day of your release from custody.
  • You have received a three-year or more prison sentence – prohibiting you from owning a firearm for life.

If your firearms certificate has been revoked, you have a right to appeal that decision.

The appeal is made to the Crown Court and the notice of appeal must be submitted within a strict deadline of you receiving the notice of the decision from the Police.

It is therefore vital that you contact us quickly for advice. We can represent you at your appeal hearing, and help you to collect all the necessary evidence to give you the best possible chance of successfully contesting the decision made by the Police.

The deadline to appeal is just 21 days. This is a relatively short time frame when gathering statements and references to aid your appeal.

A decision is made by a Crown Court judge alongside two lay magistrates. They will review your evidence and make a decision, often within a day.

Certain types of sentences may disqualify a person from possessing a firearm. Whilst each application is judged by the police individually, lesser sentences may influence the police in believing that you are a danger to public safety or the peace if you are successful in obtaining a firearms license. If you are concerned regarding previous convictions or records and how they may affect your application, please contact us for advice on how we can improve your chance of success.

Section 28(1) of the 1968 Act states that, subject to subsection (1A) below, a shotgun certificate shall be granted by the chief officer of police if he is satisfied that the applicant can be permitted to possess a shotgun without danger to the public safety or to the peace.

Under subsection 1A, however, no such certificate shall be granted or renewed if the chief officer of police

  1. (a) has reason to believe that the applicant is prohibited by this Act from possessing a shotgun; or
  2. (b) is satisfied that the applicant does not have a good reason for possessing, purchasing or acquiring one.

Air weapon law in England and Wales is complex. Some air guns are prohibited and require a firearms license to possess. However, others can be owned by a suitable person under certain circumstances without a license.

Storing, transporting and shooting air rifles and pistols are covered by complex laws and regulations, so seeking legal advice surrounding your personal circumstances is highly recommended.

In some situations, an offence with an air weapon will be considered the same as a standard firearms offence.