Firearms (including Licensing and Offences)

The law relating to firearms is complex, consisting of a labyrinth of provisions dating back to 1968. We have extensive experience of successfully guiding clients, from novices through to firearms enthusiasts, through this challenging area of law. Our success in resolving firearms matters enhances our reputation, which is based on over 75 years of providing quality advice and representation to our clients.
 

Our work in this area has included helping young people investigated for offences concerning BB guns and similar weapons; challenging police refusals to issue firearms licences; defending clients faced with allegations of infringement of licences; and advising foreign nationals on the law relating to possession and importation of items held for personal protection and serious allegations such as possession of a firearm with intent to cause fear of violence.

We recognise that in order to achieve the very best result for our clients, we need to be proactive from the earliest moment of a police investigation. We can provide rapid assistance, including police station representation, across the United Kingdom. In many instances we can help to avoid an arrest taking place, along with all the potentially onerous consequences that can flow from an arrest.

What can we help you with?
 

• Fresh applications for firearms or shotgun certifications;
• Renewal applications;
• Appealing the refusal or revocation of a licence;
• Defending against allegations of offences involving the presence, or use of, a firearm, including the breach of a licence
• Advice on transferring firearms;
• Advice on the parameters in which firearms can be used.
• Advice on hosting sporting or competition events involving firearms.

Firearms FAQs
 

How do I get a firearm/shotgun certificate?

Each police force has a unit that deals with firearms licensing. You will need to apply through your local force and decide which certificate you need to apply for – this depends on the type of weapon that you intend to use. The application can be completed on line, or printed and sent to a specified address.

What is the definition of a firearm or a shotgun?

The definitions of a number of key words, including “firearm,” and “shotgun”, as well as “prohibited weapons” can be found in section 57 of the Firearms Act 1968, as amended (the “1968 Act”). The 1968 Act was most recently amended in 2023.

‘Firearm’ means a lethal barrelled weapon of any description from which any shot, bullet or other missile, with kinetic energy of more than one joule as measured at the muzzle of the weapon, can be discharged.

This includes any prohibited weapon, whether it is such a lethal weapon or not, any component part of such a lethal or prohibited weapon, and any accessory to any such weapon designed or adapted to diminish the noise or flash caused by firing the weapon.

This definition extends to certain imitation firearms, but excludes “airsoft guns”.

‘Shotgun’ means a smooth-bore gun (not being an air weapon) which:

• has a barrel not less than 24 inches in length and does not have any barrel with a bore exceeding 2 inches in diameter;
• either has no magazine or has a non-detachable magazine incapable of holding more than two cartridges (it should be noted that a gun that has been adapted to have such a magazine only meets the criterion if the magazine bears an approved mark and the adaption has been certified in writing either by one of the two proof houses or such other person as the Secretary of State has designated, as having been carried out in a manner approved by the secretary of State); and
• is not a revolver gun (that is, a gun containing a series of chambers, which revolves as part of the firing cycle).             

What are the rules about possession and use of air weapons?

Air weapons (which fall within the definition in the 1968 Act) are exempt from the requirement for a certificate, as are certain other types of firearms such as “miniature rifles” (a rifle chambered for .22 rim-fire cartridges) for use at a range or shooting gallery.

However, the reality is that if something looks like a firearm and other members of the public fear that it is, then possession of the item in public may amount to a criminal offence. It is important to keep such items securely and use them only in circumstances where the nature and quality of the weapon cannot be misunderstood.

Can I alter or decommission my firearm?

Only a registered firearms dealer may decommission (i.e. convert it so that it no longer can fire a projectile) a firearm. It is a criminal offence to do this yourself.

It is also a criminal offence to shorten the barrel of a shotgun to a length less than 24 inches.

Do I need a certificate for my antique firearm?

A firearm which is successfully defined as an antique in accordance with Section 58 (2) of the 1968 Act is exempt from the requirement for a registered certificate, save for specific offences. We can help obtain an expert report to confirm that a firearm is an antique and meets the legislative requirements.

What does the law say about self-defence items such as pepper spray?

Many foreign nationals and visitors are unaware of the law in England and Wales concerning pepper spray and other noxious substances. Contrary to the law in several other parts of Europe, or elsewhere in the world, pepper spray and similar products are classed as noxious substances and regulated by the 1968 Act.

What does an application for a firearm certificate entail?

The purpose of the firearm certificate procedure is to ensure that a certificate is only issued to a person who is found to be a ‘fit person’, and has demonstrated a ‘good reason’ to own a firearm.

In order to do this, the police will require character references from two individuals, confirmation about the status of your physical and mental health from your GP, and information relating to your criminal record (including details of any arrests).

Who can be a referee for my firearm certificate application?

A referee may be of any background or occupation. They must be of good character and someone whom the police may trust to give honest replies to the questions contained on the referee form. It should be noted that the referee is not required to guarantee the applicant’s good behaviour.

Members of the applicant’s family may not act as referees. A ‘family member’ is given its common meaning and for these purposes includes co-habiting partners.

Serving police officers, police support staff, and Police and Crime Commissioners or their support staff may not act as referees. Registered firearms dealers may not act as referees except under specific circumstances as described in the government’s guidance notes.

There is no requirement for the referee to have any knowledge of firearms or shooting sports, but they should be able to comment on the applicant’s general character and background.

If I have previous criminal convictions, how will this affect my firearm certification qualification?

By virtue of the rehabilitation of Offenders Act (Exemptions) order 1975, the provisions of the Rehabilitation of Offenders Act 1974 do not apply to an application for a firearm or a shotgun certificate. An applicant is therefore not entitled to withhold information about any previous convictions, however old or minor (including motoring) offences, on the grounds that it is ‘spent’ for other purposes. This includes convictions outside Great Britain. A conditional discharge and an absolute discharge both count as convictions for this purpose. Details of fixed penalty notices and parking offences do not need to be declared.

If in any doubt it is better to disclose.

On an application to renew only those convictions acquired since the grant or last renewal need to be detailed.

What is a 'good reason' to have a firearm?

Section 28(1B) of the 1968 Act explains that a “good reason” would include an intention for the firearm to be used for sporting or competition purposes or for shooting vermin. This is not an exhaustive list, however.

You will need to submit evidence of your “good reason” when applying for a licence. This could include, for example, permission to shoot on particular land or evidence of membership of a target shooting club.

Are there any requirements about how firearms are kept or stored?

Although the law does not define how firearms/shotguns should be stored, before any certificate is issued, the Chief Officer of Police must be satisfied that any owner of a firearm or shotgun keeps the guns so that there is no danger to the public. This may include having a gun cabinet, gun clamps, Securicord, a gun room, and/or alarm systems. It is common that firearm or shotgun certificates will have specific conditions as to how and where the firearms are stored. It is important to ensure that anybody who does not have lawful permission to possess the firearm or shotgun cannot access it, without being supervised and in line with any certificate or legislative requirements.

What happens if my application for a firearm certificate is refused or revoked?

The process in the case of a refusal or revocation is an appeal to a Crown Court. Your application will be heard before a Crown Court Judge and two lay Magistrates. Having legal representation is highly recommended.

What fees are involved for firearms licensing?

The applicable fees are set out in the Firearms (Fees) Regulations 2019.

Most local police forces also provide information about licensing fees. The Metropolitan Police website includes this information here.

 

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