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Possession of firearm with intent to endanger life

Weapons and firearms — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Weapons and firearms

Possession of firearm with intent to endanger life

Firearms Act 1968, s.16

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
See guideline / charging decision
Maximum penalty
Life imprisonment

Actus reus

  • Have in possession any firearm or ammunition (Firearms Act 1968, s.16).

Mens rea

  • Intent, by means thereof, to endanger life.

Defences

No possession · Not a firearm or ammunition · No intent to endanger life

Sentencing Council

Sentencing Council guideline effective 01 January 2021. Offence range: 4 – 22 years’ custody.

View definitive guideline ↗

At the police station

Distinguish s.16A (intent to cause fear of violence) and s.18 (intent to commit an indictable offence). Words and pointing are usually the intent evidence.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Weapons and firearms

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.