Vectis Shooting Log

What Happens If You Are Convicted of a Crime While Holding an FAC

FAC & Licensing 7 March 2026 10 min read By Ashley Marshall

The serious consequences of criminal convictions for certificate holders. Even minor offences can end your shooting career for years. Know the law.

What Happens If You Are Convicted of a Crime While Holding an FAC

Quick Answer

A criminal conviction while holding a Firearm Certificate (FAC) or Shotgun Certificate (SGC) will almost certainly lead to its immediate revocation by the Chief Officer of Police, who will seize all firearms and ammunition. Depending on the nature of the offence, this will result in an automatic minimum five-year prohibition from holding a certificate, or a permanent ban for more serious crimes.

# What Happens If You're Convicted of a Crime While Holding an FAC Holding a firearms certificate is a privilege, not a right-and it's a privilege that can be taken away in an instant. If you're convicted of a criminal offence while holding a Firearm Certificate (FAC) or Shotgun Certificate (SGC), the consequences are swift, severe, and potentially permanent. Even a minor conviction can end your shooting career for years, and in some cases, for life. This isn't scaremongering. It's the reality of firearms law in the United Kingdom. Certificate holders are held to a higher standard of conduct than the general public, and the legal framework is deliberately unforgiving. Understanding what happens when things go wrong isn't just useful knowledge-it's essential for anyone who values their certificate and wants to keep it. ## The Legal Framework: Section 21 and Section 30A The power to revoke firearms certificates stems primarily from two sections of the Firearms Act 1968: **Section 21** gives chief officers of police the discretionary power to revoke a certificate if they have reason to believe the holder is "prohibited" from possessing firearms, or can no longer be permitted to possess them "without danger to the public safety or to the peace." **Section 30A** deals with the absolute prohibitions. If you're convicted of certain offences, you become **prohibited** from possessing firearms and ammunition. There's no discretion here-the ban is automatic and applies immediately upon conviction. Together, these provisions create a two-tier system: some offences trigger an automatic ban, while others give police the discretion to revoke your certificate based on whether you remain a suitable person to hold one. ## Automatic Revocation: The Prohibited List Certain criminal convictions result in an **automatic and permanent ban** from possessing firearms. Under Section 21 of the Firearms Act 1968 (as amended by the Criminal Justice and Public Order Act 1994 and the Anti-social Behaviour Act 2003), the following convictions make you a prohibited person: ### Life Sentences and Serious Offences If you're sentenced to **life imprisonment, imprisonment for public protection, or an extended sentence** for certain violent or sexual offences, you are **banned for life**. There are no exceptions, no appeals on suitability grounds, and no time limit. ### Custodial Sentences Over Three Years A custodial sentence (including suspended sentences) of **three years or more** results in a **permanent ban**. This includes sentences passed in youth courts. Once you cross this threshold, you will never legally hold a firearms certificate again in the UK. ### Custodial Sentences Between Three Months and Three Years A custodial sentence of **three months to three years** triggers a **five-year ban** from the date of release. You cannot possess firearms or ammunition during this period, and you cannot apply for a certificate until the five years have elapsed. ### The Key Offences Certain offences trigger automatic prohibition regardless of sentence length: - **Any offence under the Firearms Act 1968** (illegal possession, supply, manufacturing) - **Violent offences** including assault, wounding, grievous bodily harm, and affray - **Drug trafficking offences** under the Misuse of Drugs Act 1971 - **Certain public order offences** involving firearms or violence If you're convicted of carrying an illegal knife, dealing drugs, or committing a violent assault, your certificate will be revoked automatically-even if you only receive a fine or community order for certain offences, although custodial thresholds apply for the ban itself. ## Discretionary Revocation: The Suitability Test Even if your conviction doesn't trigger an automatic ban, it doesn't mean you're safe. Police have **wide discretionary powers** to revoke your certificate if they believe you're no longer suitable to hold one. ### The "Danger to Public Safety or the Peace" Test This is a **low threshold**. Police don't need to prove you're dangerous-they only need to have "reason to believe" that allowing you to possess firearms might endanger public safety or the peace. A single conviction, no matter how minor, can provide that reason. Examples of convictions that often lead to discretionary revocation: - **Drink-driving or drug-driving**: Suggests poor judgment and impaired self-control - **Domestic violence or harassment**: Even without a custodial sentence, raises serious suitability concerns - **Dishonesty offences**: Fraud, theft, deception-certificate holders must be trustworthy - **Public order offences**: Drunk and disorderly, breach of the peace, threatening behaviour - **Animal cruelty**: Demonstrates capacity for violence and lack of empathy - **Any offence involving anger, aggression, or loss of control** The police will assess the **nature of the offence, the circumstances, your previous conduct, and the risk you pose**. They don't need to wait for a pattern-a single conviction can be enough. ## The Five-Year Rule: A Minimum, Not a Guarantee Many people misunderstand the "five-year rule." Here's what it actually means: If you receive a custodial sentence of **between three months and three years**, you are **prohibited from possessing firearms for five years** from the date of your release. This is a statutory ban-you cannot apply for a certificate during this time, and any existing certificate is automatically revoked. But here's the critical point: **after the five years elapse, you are not automatically entitled to a new certificate**. You merely regain the right to **apply**. The police will still assess your suitability, and they may well refuse based on the conviction, even if it's now spent under the Rehabilitation of Offenders Act 1974. ### Shorter Sentences and Lesser Penalties If you receive a sentence of **less than three months' custody**, you are **prohibited for five years** from the date of conviction (not release). If you receive a **fine, community order, or conditional discharge**, there's no automatic prohibition, but police can-and often will-exercise their discretion to revoke based on the nature of the offence. ## Your Duty to Notify: Immediate and Non-Negotiable Certificate holders have a **legal duty** to notify the police **immediately** if they are: - **Arrested** - **Charged with any offence** - **Convicted of any offence** - **Bound over to keep the peace** - **Subject to any court order** (restraining order, community protection notice, etc.) "Immediately" means **within a reasonable time**-typically within 24-48 hours. Failure to notify is itself a breach of your certificate conditions and can result in revocation and potential prosecution. You must notify the firearms licensing department of the police force that issued your certificate. Don't assume they'll find out anyway-you have a positive duty to disclose, even if you believe the offence is trivial or unrelated to firearms. ## Court Sentencing: Judges Know the Implications When you appear in court as a certificate holder, the court **will be made aware** of your status. In some cases, the prosecution or police will explicitly inform the judge or magistrates. In others, it will emerge during mitigation. Judges and magistrates understand that a custodial sentence of three months or more will trigger a five-year firearms ban, and a sentence of three years or more means a lifetime ban. **They may take this into account when sentencing**, particularly if you rely on shooting for your livelihood or have a long history of lawful certificate holding. However, don't expect leniency. The court's primary duty is to impose a sentence that reflects the seriousness of the offence and protects the public. If a custodial sentence is warranted, the impact on your certificate is a secondary consideration. ## Spent Convictions: Do Old Offences Still Count? Under the **Rehabilitation of Offenders Act 1974**, most criminal convictions become "spent" after a certain period, depending on the sentence. Once spent, you generally don't have to disclose them for most purposes. **But firearms licensing is an exception.** Spent convictions **do still count** for firearms licensing purposes, and you **must disclose them** on your application or renewal. The police will consider spent convictions when assessing your suitability, particularly if they involved violence, dishonesty, or loss of control. Certain convictions never become spent: - Custodial sentences of **more than four years** (originally 30 months, amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012) - Life sentences, imprisonment for public protection, extended sentences If you have an unspent conviction that triggered a prohibition, you cannot apply for a certificate until the prohibition period has ended **and** the conviction has become spent (if applicable). Even then, the police may refuse on suitability grounds. ## The Surrender Process: Immediate and Total When your certificate is revoked, you will receive a **revocation notice** from the police. This notice: - Takes effect **immediately** (or from a specified date, often 7-21 days to allow appeal) - Requires you to **surrender your certificate** - Requires you to **surrender all firearms and ammunition** in your possession You must comply **immediately**. Continuing to possess firearms or ammunition after revocation is a **criminal offence** carrying up to five years' imprisonment. ### What Happens to Your Guns? You have several options: 1. **Sell them** to a registered firearms dealer (RFD) before or immediately after revocation 2. **Transfer them** to another certificate holder (requires police permission) 3. **Surrender them** to the police (you may be able to reclaim them later if you successfully appeal, or have them sold on your behalf) The police may allow a short period (typically 7-14 days) to arrange sales or transfers, but you must cooperate fully and promptly. Your firearms will be stored securely (usually at a police station or designated storage facility) pending disposal. ## The Appeals Process: Challenging Revocation If your certificate is revoked, you have the **right to appeal** to the Crown Court (in England and Wales) within **21 days** of receiving the revocation notice. The appeal is a **full rehearing** of the decision. The Crown Court will consider: - Whether the chief officer was entitled to revoke the certificate based on the evidence - Whether you remain a suitable person to possess firearms - Whether revocation is proportionate The court can: - **Uphold the revocation** (most common outcome if there's a conviction) - **Quash the revocation** and order the certificate to be restored - **Vary the conditions** of the certificate ### Realistic Chances of Success If your revocation is based on an **automatic prohibition** (custodial sentence triggering statutory ban), your appeal will fail. The prohibition is mandatory, and the court has no discretion. If the revocation is **discretionary**, you have a better chance-but only if you can demonstrate that: - The offence was out of character - There are exceptional mitigating circumstances - You pose no risk to public safety - The police decision was unreasonable or disproportionate Even then, success is rare. Courts give significant weight to police assessments of risk and suitability. ## The Bottom Line: Stay on the Right Side of the Law The message is clear: **a criminal conviction can end your shooting career**. Even a minor offence-a pub fight, a moment of road rage, a lapse in judgment-can result in the loss of your certificate and firearms, potentially for years or even life. Certificate holders are held to a **higher standard** than the general public. This isn't unfair-it's the price of the privilege. If you want to continue shooting, you must: - **Avoid any criminal behaviour**, no matter how trivial it seems - **Exercise self-control** in situations that might lead to arrest or charge - **Comply with all laws**, not just firearms laws - **Notify police immediately** if you are arrested, charged, or convicted - **Seek legal advice** if you face prosecution, and inform your solicitor of your certificate status The law is unforgiving, and the consequences are severe. But they are also clear and predictable. Stay out of trouble, and your certificate will remain safe. Step over the line-even once-and you may never hold one again. Your shooting career, your investment in firearms, and your place in the shooting community all depend on your conduct outside the range as much as on it. Make sure you're always on the right side of the law.

Related Knowledge Centre answers

Frequently Asked Questions

What criminal convictions lead to a permanent firearms ban?

Under Section 21 of the Firearms Act 1968, a custodial sentence of three years or more (including suspended sentences) results in a permanent lifetime ban from possessing firearms or ammunition in the UK. This also applies to life sentences, imprisonment for public protection, or extended sentences for certain violent or sexual offences.

How long is the firearms ban for shorter custodial sentences?

A custodial sentence of between three months and three years triggers a mandatory five-year ban from the date of release. For sentences of less than three months, the five-year ban starts from the date of conviction. During this time, you are a "prohibited person" and cannot legally possess any firearms or ammunition.

Can the police revoke my FAC for a minor conviction?

Yes. Even if a conviction doesn't trigger an automatic ban, the police have discretionary power to revoke your certificate if they believe you are no longer a fit person to possess firearms "without danger to the public safety or to the peace." This often includes drink-driving, domestic incidents, or any offence involving aggression or poor judgment.

Do I have to tell the police if I am arrested or convicted?

Yes, certificate holders have a legal duty to notify their police firearms licensing department immediately if they are arrested, charged, or convicted of any offence. Failure to do so is a breach of your certificate conditions and can lead to immediate revocation of your FAC or SGC.

Does the 5-year firearms ban mean I get my certificate back automatically?

No. The five-year ban is a period of total prohibition. Once it elapses, you merely regain the right to apply for a certificate. The police will still conduct a full suitability assessment, and they may refuse your application based on the original conviction if they believe you still pose a risk.

What happens to my guns if my certificate is revoked?

Upon revocation, you must immediately surrender your certificate and all firearms/ammunition to the police. You can usually arrange to sell them to a registered firearms dealer (RFD) or transfer them to another certificate holder with police permission, but you cannot remain in possession of them.

Can I appeal the revocation of my firearms certificate?

Yes, you have the right to appeal a revocation to the Crown Court within 21 days. However, if the revocation is due to a mandatory statutory ban (e.g., a 3+ year sentence), the court has no power to overturn it. For discretionary revocations, you must prove the police decision was unreasonable or that you are still suitable.

Do spent convictions still count for firearms licensing?

Yes. Firearms licensing is an exception to the Rehabilitation of Offenders Act 1974. You must disclose all convictions, including those that are "spent," on your application or renewal. The police will consider your entire criminal history when assessing whether you are a fit and proper person to hold a certificate.

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