Gun and Knife Crime/ Offensive Weapons/ Explosive Substances/ Offences Against the State

Charges involving gun crime, knife crime or offensive weapons require expert legal advice because of the potential complexity of the charges and the circumstances which may lead to an individual being charged.

Owning a gun without a firearms licence will also likely to lead to prosecution – and carrying a blade or other item to be used in self-defence can also lead to criminal charges.

Other items may also be considered as offensive weapons, depending on the circumstances of arrest or stop and search – for example, a cricket bat, length of wood, DIY tool or a pointed item which if concealed may lead to criminal charges being brought. The offence and possible defences are contained in .

Possession of firearm or ammunition in suspicious circumstances

It is an offence for a person to possess or control a firearm in circumstances that give rise to a reasonable inference that the person does not possess or control it for a lawful purpose –

An offence under this section carries a potential maximum term of imprisonment of 14 years and a mandatory minimum sentence of 5 years. The court is allowed to depart from the mandatory minimum sentence if exceptional circumstances exist. It is essential that a person gets experienced legal representation in these matters.

Baxter Mimnagh Solicitors can advise at any stage of a charge involving gun and knife crime and offensive weapons – even before a charge has been brought, or if there is a likelihood of arrest or Gardai interview under caution. It is effectively for the person in possession of what is suspected to be an offensive weapon or a knife to demonstrate that they have good reason for so doing. The most effective time for putting forward an explanation will often be at the Garda interview under caution.

It is advisable for clients to uphold their right to remain silent and not discuss the case with the Garda until a solicitor has arrived – Baxter Mimnagh Solicitors are available nationwide 24/7, 365 days a year and can usually reach a Garda station within 45 minutes to advise on gun/knife/offensive weapons charges.