Fletcher has been released from prison having served a sentence of 3 years for a violent offence. His friend offers to sell him a legally held air rifle. Fletcher considers whether he is prohibited from possessing any firearm under s.21 of the Firearms Act 1968. Which of the following correctly states the prohibition?
- AA person sentenced to 3 months or more imprisonment is permanently prohibited from possessing any firearm or ammunition, and may apply to the Crown Court for relief from the prohibition.
- BA person sentenced to 3 years or more imprisonment is permanently prohibited from possessing any firearm or ammunition, and may apply to the Crown Court for relief - a person sentenced to between 3 months and 3 years is prohibited for 5 years from the date of release.
- CA person sentenced to 3 years or more imprisonment is permanently prohibited from possessing any firearm or ammunition, with no possibility of applying to the Crown Court for relief.
- DA person sentenced to 3 years or more imprisonment is prohibited from possessing any firearm or ammunition for 10 years from the date of release, and may apply to the Crown Court to have the prohibition lifted after that period.
Show answer and explanation
Answer: B
Under s.21 FA 1968: a person sentenced to 3 months or more but less than 3 years is prohibited for 5 years from the date of release; a person sentenced to 3 years or more is permanently prohibited. Under s.21(6), a permanently prohibited person may apply to the Crown Court for relief. Fletcher was sentenced to 3 years - the permanent prohibition applies but relief via Crown Court is available.
s.21 Firearms Act 1968
s.21(1): "A person who has been sentenced to... imprisonment for a term of three years or more... shall not at any time have a firearm or ammunition in his possession." s.21(2): "A person who has been sentenced to... imprisonment for a term of three months or more but less than three years... shall not... have a firearm or ammunition in his possession before the expiration of the period of five years from the date of his release."
- A: The permanent prohibition applies to sentences of 3 years or more - not 3 months or more. The 3-month threshold triggers a 5-year prohibition only.
- C: Relief from the permanent prohibition is available - a permanently prohibited person may apply to the Crown Court under s.21(6). There is no absolute bar.
- D: The upper tier is a permanent prohibition, not a 10-year prohibition. There is no 10-year period in s.21.