Summary
In this leading case, our client owned multiple 3D printers and had been using them to replicate firearm components out of plastic. After the Police searched his house, they uncovered these components, along with blueprints for 3D printing for several different operational firearm components. Our client was later charged with possession of a prohibited firearm. Thanks to Lawtons’ expert defence, this charge was amended to possession of a firearm without license, for which our client was sentenced to a 12-month conditional discharge.
Details of the Offence
Our client was an army veteran with an interest in modelling and 3D printing. The Police had received intelligence that the IP address registered to our client contained files containing blueprints for several operational firearm components.
Upon searching his home, three 3D printers and 3D printed plastic firearms components were found. One of these components included a completed lower receiver of an FGC-9 semi-automatic firearm. Following his Police interview, our client was charged with possession of a prohibited firearm.
Possession of a prohibited firearm is an extremely serious criminal offence in UK law. If it was determined that the lower receiver fell within the definition of a component part of a prohibited weapon under the Firearms Act 1968, then our client was at risk of a statutory minimum prison sentence of five years.
Our Defence
Lawtons represented our client during the Police interview, where we advised him to answer all questions. As an ex-army soldier, our client asserted that his replication of the firearms was purely interest-based and that he had no intention of creating a functional firearm to be used.
Senior Solicitor Nick Seeley, recognised as a Leading Solicitor by Chambers and Partners, represented our client on this matter. This case was extremely complex, requiring extensive expertise and research into firearms laws and regulations. The case demanded a meticulously crafted legal argument, on whether the receiver was a component part under the firearms act.
Ahead of the trial, Nick took detailed instructions from our client, preparing a strong and through defence on our client’s behalf. Our client is a reservist for the army and is therefore interested in current and future military weapons. He had initially purchased a 3D printer to make bike parts but over time began replicating firearms out of academic interest to see if 3D printed firearms could be used on the battlefield.
Our client stressed that his aim was always to simply replicate, never to create functioning firearms. He also stressed that all replicas were made from a low-quality plastic which would start to melt and go soft at 60 degrees celsius.
The Prosecution’s Case
The Prosecution’s argument was that the recovered lower receiver was of ‘a relevant component part in relation to a lethal barrelled weapon or prohibited weapon’.
They argued that it was a matter of law whether the component was a part of a prohibited weapon to be decided by a Judge rather than be litigated before a jury.
Barristers Peter Glenser KC and Sean Sullivan of 9BR Chambers represented our client at St Albans Crown Court, where they strongly opposed the Prosecution’s submissions. In due course, the Prosecution conceded that it was in fact a matter for the jury to establish our client’s intention in making and possessing the item.
The court was, however, called upon to decide upon a number of other issues:
- Whether a lower receiver could be considered a component part of a prohibited weapon
- Whether the lower receiver was capable of being used as part of a lethal barreled weapon or a prohibited weapon
- Whether our client could have been equally charged with a lesser offence of possessing a firearm without a certificate.
Court Rulings
Firstly, as a matter of law the court ruled that, where the Firearms Act defined a component part of a prohibited weapon as including a ‘receiver’, a lower receiver fell within that definition.
Secondly, as our client had purposely broken the hammer off the lower receiver, it would need to be determined by a jury whether it was capable of being used as part of a lethal barreled weapon or a prohibited weapon, under section 57 (1)(d) of the Firearms Act 1968. The jury would need to ask itself whether only a minor repair would be required or more major work in order for the lower receiver to be functional. If it was determined only minor repair was required, then the capability test is met.
Thirdly, Peter and Sean argued on our client’s behalf that his possession of the lower receiver could just as consistently been charged as possessing a firearm without a certificate. This lesser offence would mean no five-year minimum sentence would apply. This was described by the court as a complex issue, for which no decision would be made until after all evidence was heard at trial.
The Outcome for Our Client
Given the Judge’s rulings, the Prosecution indicated that they would accept a guilty plea to the lesser offence of possessing a firearm without certificate. Nick advised our client to enter a guilty plea to this charge, as proceeding to trial on the basis of the original charge still posed a significant risk of receiving a minimum five-year prison sentence on conviction.
Our client agreed and pleaded guilty the lesser offence. The Judge then sentenced him to a 12-month conditional discharge. This is a very favourable outcome for our client as this means that he will not face any formal punishment, provided that no other offences are committed within the time frame.
Our client was extremely relieved with this outcome and very grateful to Nick, Peter and Sean for their continued support and expertise throughout this difficult time. Had our client not had such strong advocates on his side, it is likely he would have faced much harsher penalties alongside a minimum of five years in prison.
This case is a clear example of Lawtons’ legal excellence in criminal defence and our ability to instruct expert barristers to advocate for our clients in court.
Looking for an expert firearms defence solicitor?
Being charged with a firearm offence in the UK is extremely serious and can result in severe and lengthy punishment. At Lawtons, we house a team of experts who will support you throughout the legal proceedings and ensure that you are met with the best possible outcome. With over 200 years of collective experience, you can rely on us to fight for your future every step of the way.
If you or someone you know is facing a firearm offence, do not hesitate – get in touch with a member of our specialist team today.
