The penalties for unlawfully possessing a firearm or an imitation firearm can be severe. Anyone possessing a firearm must be licensed to do so and must be in possession of an authorising certificate from the police, the licensing authority for firearm and shotgun certificates.
The police may also revoke certificates and seize any firearm held under the authorising certificate if they do not consider the holder to be fit to own a firearm, or if they do not consider the holder to have a good reason to own a firearm. Lack of fitness to own a firearm is the most common reason for revocation, yet this can happen in circumstances where in fact there is no good ground for revoking the certificate. These include where a certificate-holder has been accused of an offence, yet no charges were ever brought, or where the police otherwise receive information from a third party.
Possession of an offensive weapon or a bladed article in a public place is a serious offence; a second conviction for which means a substantial prison sentence is mandatory. Significantly, any object in someone’s possession in a public place is capable of being classified as an offensive weapon, if the person possessing it intended that they or another person would or did use it to cause injury to another person. Often, whether or not an object is an offensive weapon will depend on a number of factors and will ultimately be a matter of interpretation.
Our expertise
BCL are ranked in Band 1 for Crime in Chambers and Partners and Band 1 for Crime: General in The Legal 500.
At BCL, we assist clients, from inexperienced to seasoned shooters, who have had their certificates revoked and/or firearms seized. We make robust representations to the police in relation to our client’s fitness to hold a firearms or shotgun certificate, while in parallel, we appeal the revocation of the certificate to the crown court. In preparation, we gather a wide body of evidence relating to our client’s character, how the firearms held under the certificate were being used (if at all), and demonstrating good reason for ownership of the firearms under the certificate. We have access to, and experience of, working with leading barristers specialising in this area, who assist clients to deal with contested and complex court proceedings.
We also act for those accused of unlawfully possessing firearms and ammunition, which may for instance be antique firearms and family heirlooms. The reasons for being in possession of a firearm can vary greatly, and how a case is presented can make a substantial difference at an appeal hearing, at trial or at sentence.
BCL acts for those facing allegations of being in possession of an offensive weapon or a bladed article, from representation at the police station through to trial. It is effectively for the person in possession of what is suspected to be an offensive weapon or a knife to demonstrate that they have good reason for so doing. The most effective time for putting forward an explanation will often be at the police interview under caution. If charges are brought, representations can be made to the Crown Prosecution Service setting out why the possession was lawful. It is important to obtain timely advice, as the consequences of conviction often include a custodial sentence.
Our clients routinely include foreign nationals and those travelling to or from the UK who are unfamiliar with the laws regulating firearms, offensive weapons and bladed articles, and mistakenly have such items in their possession.
Our experience
Examples of our instructions include:
- Advising a private equity investor and investment banker following his arrest for affray and possession of a baseball ball bat during an altercation with a member of the public outside his home address during the Notting Hill Carnival, which resulted in no further action being taken following written representations to the police.
- Represented a former firearms dealer in respect of the unlawful possession of a large number of firearms, including an MP40 machine gun. Based on the evidence and relevant sentencing guidance, a lengthy custodial sentence of potential double figures was likely. Following a guilty plea, we secured a sentence limited to the mandatory minimum of five years.
- Acting for a student who was charged with possession of an imitation firearm with intent to cause fear of violence, after discharging an imitation firearm in a public place. The replica had been obtained for the purpose of filming a music video. We successfully applied for his bail to be varied so that he could visit his family throughout the case.
- Successfully mitigating sentence after our client’s guilty pleas to possession of pepper spray and a retractable baton in a public place. Although at risk of a custodial sentence, our client received a low level fine.
- Representing an appellant in an appeal against sentence following a sentence of five years for possession of a disguised firearm. This case was referred to the Court of Appeal with two other matters giving rise to general questions as to the circumstances in which section 23 of the Criminal Appeal Act 1968 applies to fresh evidence in appeal proceedings. The appeal was successful and our client’s sentence was reduced from five years to two and a half years.
Our reputation
BCL has long been top-ranked by the major legal directories in the area of Crime and is currently ranked as follows:
- Band 1 – Chambers and Partners, Crime
- Tier 1 – Legal 500: Crime
- Leading Firm – The Times Best Law Firms: Financial Crime & Fraud & Regulatory
