Carrying a firearm with criminal intent

s.18Firearms Act 1968

Having a firearm or imitation firearm with you, intending to commit an indictable offence or to resist or prevent arrest while you have it with you.

Carrying a firearm with criminal intent · Firearms Act 1968, s.18Card 76 / 195

Points to prove

Had with them
A firearm or imitation firearm
With intent to commit an indictable offence, or to resist arrest or prevent the arrest of another
In either case, while they had the firearm or imitation firearm with them

Key definitions

Has with him – a closer link than possession. The firearm must be readily accessible, for example carried on the person or close at hand (R v Kelt 1977).
Firearm – s.57(1): a lethal barrelled weapon, a prohibited weapon, or a relevant component part of either. It does not need to be loaded, and no ammunition is required.
Imitation firearm – s.57(4): anything which has the appearance of being a firearm, whether or not it can discharge a missile. Fingers hidden under clothing do not count, because they are not a separate “thing” that can be possessed (R v Bentham 2005, a case on s.17(2)).
Indictable offence – includes offences triable either way, such as theft or criminal damage, not just indictable-only offences.

Good to know

s.18(2): proof that the defendant had the firearm with them and intended to commit the offence (or resist or prevent arrest) is evidence that they intended to have it with them while doing so.
The firearm does not need to be used, shown or even mentioned to the victim. The offence is complete once it is carried with the intent.
Related offences: s.17(1) using a firearm to resist arrest and s.17(2) possessing a firearm while committing a Schedule 1 offence (both life).
If the firearm is a prohibited weapon listed in Sch 20 to the Sentencing Act 2020 (for example a handgun or automatic weapon), a minimum sentence applies for offenders aged 16 or over: 5 years if 18 or over when the offence was committed, 3 years if under 18, unless there are exceptional circumstances (s.311).

Legislation: Firearms Act 1968, s.18 (opens legislation.gov.uk in a new tab)
Mode of trial: Indictable only
Maximum penalty: Life imprisonment and/or a fine
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Carrying a firearm with criminal intent: questions people ask

What are the points to prove for carrying a firearm with criminal intent?

1. Had with them 2. A firearm or imitation firearm 3. With intent to commit an indictable offence, or to resist arrest or prevent the arrest of another 4. In either case, while they had the firearm or imitation firearm with them

What is the maximum sentence for carrying a firearm with criminal intent?

Life imprisonment and/or a fine.

Is carrying a firearm with criminal intent a summary, either-way or indictable offence?

Carrying a firearm with criminal intent is indictable only: it can only be tried in the Crown Court.

What Act and section is carrying a firearm with criminal intent?

Carrying a firearm with criminal intent is an offence under the Firearms Act 1968, s.18.

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