If police found a gun at your home, obtain specialist criminal defence advice immediately. Firearms law is technically complex, and the precise allegation may depend on the type of weapon, whether it was prohibited, whether a certificate was required, who knew it was there and who had control of it.
What happens when police find a firearm?
The police may seize the item and arrange expert examination to determine what it is, whether it is capable of discharging a shot and how it is classified under the Firearms Act 1968. They may also examine ammunition, fingerprints, DNA, telephone material, CCTV and evidence about who occupied or controlled the property.
If you are arrested, you have the right to free and independent legal advice at the police station. What you say in an interview under caution may later be used in evidence, so obtain advice before answering questions.
Does a gun found in my house prove possession?
Not automatically. The prosecution must prove the particular offence alleged. Important questions may include:
- Who owned, occupied or had access to the premises?
- Where was the item found and was it concealed?
- Did the accused know that it was present?
- Did another person have custody or control of it?
- What does the forensic and digital evidence show?
- Is the item legally classed as a firearm, prohibited weapon, imitation firearm or ammunition?
“Possession” is therefore not decided simply because an item was discovered at an address connected with someone. The evidence must be considered as a whole.
How serious is a firearms charge?
Firearms allegations can carry severe sentences. The correct maximum and any statutory minimum depend on the exact offence, weapon, date and circumstances. Sentencing Council guidance covers offences including possession of a prohibited weapon, possession without a certificate, carrying a firearm in public and possession with intent.
Some cases are dealt with only in the Crown Court. Others may begin in the Magistrates’ Court before being sent to the Crown Court. Early preparation can address bail, the prosecution’s classification of the weapon, forensic evidence, knowledge, control and any account provided in interview.
Frequently asked questions
What if the firearm belonged to someone else?
Ownership and possession are not necessarily the same issue. Seek advice about knowledge, access and control before giving an account to the police.
Can I surrender a firearm myself?
Do not carry or transport a suspected firearm without first obtaining urgent advice and instructions from the police. Handling it could create serious safety and legal risks.
Official information
- CPS weapons-related prosecution guidance
- Sentencing Council firearms-offence guidelines
- Firearms Act 1968
- GOV.UK: being charged with a crime
This article provides general information and is not legal advice for any particular case.
Ghafar Khan, Criminal Defence Solicitor and High Court Advocate
24/7 mobile: 07500 556587
Landline: 03330 110 210
Email: notguilty@ghafarkhan.com
Acting throughout England and Wales · #CALLGFA ↗