Weapons and firearms
Possession of firearm with intent to cause fear of violence
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- See guideline / charging decision
- Maximum penalty
- 10 years’ custody
Actus reus
- Have in possession any firearm or imitation firearm (Firearms Act 1968, s.16A).
Mens rea
- Intent, by means of the firearm or imitation, to cause a person to believe that unlawful violence will be used against him or another — or to enable another person to cause that belief (s.16A).
Defences
No possession · Not a firearm or imitation firearm · No intent to cause a belief that unlawful violence would be used
Sentencing Council
Sentencing Council guideline effective 01 January 2021. Offence range: Medium level community order – 9 years’ custody.
At the police station
Words, pointing, and social-media images are usually the intent evidence. Distinguish s.16 (intent to endanger life) and s.19 (public place, no fear element).
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.
- Statute:Firearms Act 1968, s.16A ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Offensive weapons, knives and firearms ↗