Weapons and firearms
Carrying a firearm in a public place
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.
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.
- Statute:Firearms Act 1968, s.19 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Offensive weapons, knives and firearms ↗