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Carrying a firearm in a public place

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

Weapons and firearms

Carrying a firearm in a public place

Firearms Act 1968, s.19

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

Triable
Either way
Maximum penalty
7 years’ custody (12 months’ custody for imitation firearms, 6 months’ custody for an air weapon)

Actus reus

  • Has with him in a public place a loaded shot gun; an air weapon (loaded or not); any other firearm (loaded or not) together with ammunition suitable for use in it; or an imitation firearm (Firearms Act 1968, s.19).

Mens rea

  • Knowledge of possession of the article. Lawful authority or reasonable excuse is for the accused to prove (s.19).

Defences

Lawful authority or reasonable excuse (burden on the accused) · Not a public place · Article not within s.19 (e.g. unloaded shotgun; firearm without suitable ammunition, if that is the charged limb) · No knowledge of having the article

Sentencing Council

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

View definitive guideline ↗

At the police station

Photograph the item and whether it was loaded. Imitation, air weapon and shotgun have different maxima on the Sentencing Council table — match the limb.

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.