Weapons and firearms
Firearms — possession with intent (other offences)
Firearms Act 1968, ss.17(2), 18
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
- s.17(2): at the time of committing or being arrested for a Schedule 1 offence, have in possession a firearm or imitation firearm.
- s.18: have with him a firearm or imitation firearm. Check which section is charged.
Mens rea
- s.17(2): possession at that time, unless the accused shows possession for a lawful object.
- s.18: intent to commit an indictable offence, or to resist arrest or prevent the arrest of another, while having it with him.
Defences
No firearm or imitation · s.17(2): lawful object; or not at the time of a Schedule 1 offence/arrest · s.18: no intent to commit an indictable offence or resist/prevent arrest
Sentencing Council
Sentencing Council guideline effective 01 January 2021. Offence range: High level community order – 16 years’ custody.
At the police station
s.17(1) (use to resist arrest) is a different limb. Read the section on the sheet.
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, ss.17(2), 18 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Offensive weapons, knives and firearms ↗