Having a firearm or imitation firearm in a public place

s.19Firearms Act 1968

Having with you in a public place, without lawful authority or reasonable excuse, a loaded shot gun, an air weapon, any other firearm with suitable ammunition, or an imitation firearm.

Having a firearm or imitation firearm in a public place · Firearms Act 1968, s.19Card 54 / 85

Points to prove

Had with them
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

Key definitions

Public place – s.57(4): includes any highway and any other premises or place to which, at the material time, the public have or are permitted to have access, whether on payment or otherwise.
Firearm – s.57(1): a lethal barrelled weapon (one that can discharge a missile with more than one joule of kinetic energy at the muzzle), a prohibited weapon, or a relevant component part of either.
Shot gun – s.1(3)(a): a smooth-bore gun (not an air gun) with a barrel of at least 24 inches, no barrel bore over 2 inches, no magazine or a fixed magazine holding no more than two cartridges, and not a revolver.
Loaded – s.57(6)(b): a shot gun or air weapon is loaded if there is ammunition in the chamber or barrel, or in a magazine or other device positioned so it can be fed into the chamber or barrel.
Air weapon – s.1(3)(b): an air rifle, air gun or air pistol that is not a prohibited weapon and not declared specially dangerous by rules.
Imitation firearm – s.57(4): anything which has the appearance of being a firearm (other than a weapon for discharging noxious liquid or gas under s.5(1)(b)), whether or not it can discharge any shot, bullet or other missile.

Defences

Lawful authority or reasonable excuse – the burden is on the defendant to prove it, on the balance of probabilities.

Good to know

Exam trap: a shot gun must be loaded; any other firearm must be with suitable ammunition; an air weapon or an imitation firearm needs neither.
Mode of trial (Sch 6): summary only if the firearm is an air weapon; indictable only if it is a prohibited weapon under s.5(1)(a), (ab), (aba), (ac), (ad), (ae), (af), (ag) or (ba) or s.5(1A)(a).
Where the firearm is one of those prohibited weapons, a minimum sentence applies for offenders aged 16 or over when the offence was committed: 5 years if 18 or over, 3 years if under 18, unless there are exceptional circumstances (Sentencing Act 2020, s.311 and Sch 20).
The antiques exemption in s.58(2) does not apply to s.19.
Fingers or a hand hidden under clothing cannot be an imitation firearm, because they are not a separate “thing” (R v Bentham 2005).

Legislation: Firearms Act 1968, s.19 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way (summary only for an air weapon; indictable only for certain prohibited weapons)
Maximum penalty: 7 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily; 6 months if an air weapon)