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Possession of a Gun or Firearm Solicitors

Specialist Criminal Defence Solicitors, Barristers and Legal Team at representing clients accused or charged with the Possession of a Gun or Firearm.

Facing a charge of Possession of a Gun is a serious matter, with the potential for significant legal consequences, including lengthy prison sentences. At Kang & Co Solicitors, we understand the gravity of these charges and the impact they can have on your life. Our team of experienced criminal defence solicitors are dedicated to providing expert legal representation, working tirelessly to protect your rights and secure the best possible outcome for your case.

If you are under investigation or have been charged with Possession of a Gun, it is crucial to seek specialist legal advice as soon as possible. Contact us today at 0345 222 9955 or complete our online form for an initial case assessment and a transparent agreed fee quotation. We are committed to delivering the highest standard of legal defence, tailored to the unique circumstances of your case.

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Kang & Co Solicitors has built up a strong reputation for Criminal Defence and is regarded as one of the top criminal law firms in the country with its top rankings by The Legal 500 and Chambers and Partners.

Chambers and Partners 2024 Ranked Leading Law Firm

Chambers Top Ranked Law Firm

Our law firm is ranked amongst the top tier of law firms in the United Kingdom in the category of Crime (which includes Driving Offences) by the prestigious Chambers and Partners law guide.

Legal 500 Leading Firm

The Legal 500 guide describes Kang & Co Solicitors as being “well adept at tailoring its resources to an individual case and investing heavily for the client. Legal advice is honest and the team always takes into consideration the views of the client.”

What is Possession of a Gun?

Possession of a Gun is a criminal offence under the Firearms Act 1968, which governs the use and ownership of firearms in the United Kingdom. This offence occurs when an individual is found in possession of a firearm without the necessary legal authority, such as a licence or certificate. The law is strict and comprehensive, covering a wide range of weapons, including handguns, rifles, shotguns, and imitation firearms.

In British law, Possession of a Gun is defined by the following elements:

  • Unlawful Possession: The accused must be found in possession of a firearm without the appropriate licence or exemption.
  • Control or Access: The individual must have control over the firearm, or it must be easily accessible to them.
  • Knowledge of the Firearm: The accused must know that they are in possession of a firearm.

The law also covers situations where an individual may not physically have the firearm on their person but, has control over it, such as keeping it in a vehicle or a property. The definition of firearms includes not only conventional guns but also certain air weapons, stun guns, and other prohibited weapons.

Given the seriousness with which the UK legal system treats firearm offences, even simple possession without any intent to use the weapon can lead to severe penalties.

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CRIMINAL LAWYERS

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Sentencing for Possession of a Gun

The penalties for Possession of a Gun are severe and can include lengthy custodial sentences, particularly where there are aggravating factors or if the firearm is deemed to be especially dangerous, such as a handgun or a sawn-off shotgun. The Sentencing Council provides specific guidelines for firearm offences, with the sentence depending on the type of firearm, the circumstances of the possession, and whether there are any mitigating or aggravating factors.

  • Minimum Sentence: For possession of certain prohibited firearms, such as handguns or automatic weapons, there is a mandatory minimum sentence of 5 years imprisonment. This applies to adults aged 18 and over.
  • Maximum Sentence: The maximum sentence for possession of a firearm can be up to 10 years imprisonment or even life imprisonment in cases involving particularly dangerous weapons or where the firearm was used in the commission of another crime.
  • Fines and Community Orders: In less severe cases, particularly where the firearm is not a prohibited weapon and there are strong mitigating factors, the court may impose a fine, community order, or suspended sentence instead of immediate custody.

Aggravating factors that may lead to harsher sentences include:

  • Possession of a loaded firearm.
  • Use of the firearm in the commission of another crime.
  • Possession of multiple firearms or ammunition.
  • Prior convictions, especially for similar offences.

Mitigating factors that may reduce the sentence include:

  • Demonstrating no intent to use the firearm.
  • Voluntarily surrendering the firearm to authorities.
  • Lack of previous convictions.
  • Evidence of duress or coercion in obtaining the firearm.

The court will carefully weigh these factors before determining the appropriate sentence, but given the public safety concerns associated with firearms, sentences for gun possession are typically severe.

Why Choose Kang & Co Solicitors?

  • Competitive Legal Fees

  • Honest Legal Advice

  • National Legal Representation

  • No Obligation Initial Telephone Assessment

Legal Defences for Possession of a Gun

Defending against a charge of Possession of a Gun requires a thorough understanding of the law and the specific circumstances of the case. At Kang & Co Solicitors, our experienced legal team will carefully analyse the details of your case to identify the most effective defence strategies. Some key defences may include:

Lack of Possession

A crucial element of the offence is proving that you were in possession of the firearm. If it can be shown that you were not aware of the presence of the gun, or that it was not under your control, this could serve as a strong defence. For example, if the firearm was found in a shared vehicle or property, and you had no knowledge or control over it, this might negate the charge.

Lawful Authority or Reasonable Excuse

In some cases, you may have had lawful authority to possess the firearm, such as holding a valid licence or certificate, or there may have been a reasonable excuse for your possession. For example, if you were transporting the firearm on behalf of someone else who had the legal authority, and you were unaware of its status, this could form the basis of a defence.

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Duress or Coercion

If you were forced to possess the firearm under threat of harm or due to coercion, this may serve as a defence. The defence of duress requires showing that you were compelled to act against your will due to immediate threats of serious harm or death.

Insufficient Evidence

The prosecution must prove the elements of the offence beyond a reasonable doubt. Our legal team will rigorously challenge the evidence presented, including questioning the legality of the search and seizure, the chain of custody of the firearm, and the reliability of any witness testimony.

Procedural Defences

Our team will also examine whether proper procedures were followed by law enforcement during the investigation and arrest. Any violations of your rights, such as unlawful search and seizure or failure to follow proper protocol, can lead to the exclusion of evidence or even dismissal of the charges.

Every Possession of a Gun case is unique, and at Kang & Co Solicitors, we are committed to providing a tailored defence strategy to address the specific circumstances of your situation. Contact us today for specialised legal advice and representation, and let us help you navigate this challenging time with professionalism and care.

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Our Reputation

We are a Leading National Private Client Criminal Defence Law Firm, that frequently receives 5-star reviews and positive feedback from satisfied clients on Trustpilot, Google Reviews and Yell.

Our ever growing law firm is ranked as a leading firm in the field of Criminal Law by the prestigious Chambers UK Law Firm guide and The Legal 500. This reputation has been developed by providing unrivalled expertise, practical advice, communication and court advocacy.

Kang & Co Solicitors are also recognised as a Top Ranked Law Firm for Criminal Law by the prestigious Chambers & Partners legal guide and The Legal 500. This reputation has been developed by providing unrivalled expertise, practical advice, communication, and court advocacy.

If you choose to appoint us to defend your case, we guarantee that you will be provided with the best legal representation available, which in turn will provide you with the best chance of a successful result at Court.

Navigating Possession of a Gun / Prohibited Weapon charges requires careful consideration of the circumstances and a thorough understanding of the law. Our specialised criminal defence team can assess your case, explore potential defences, and vigorously advocate for your rights in court. Contact us today for an initial consultation on 0345 222 9955 and discuss how we can help you defend against Possession of a Gun / Prohibited Weapon charges.

Our Offices

Birmingham

Cornwall Buildings
45 Newhall Street
Birmingham, B3 3QR

London

330 High Holborn
London
WC2A 1HL

Milton Keynes

Elder House
Elder Gate
Milton Keynes, MK9 1LR

Chambers and Partners 2024 Ranked Leading Law Firm
The Legal 500 Leading Firm Crime and Driving offences

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