Possession of a firearm with intent to cause fear of violence

s.16AFirearms Act 1968

Possessing a firearm or imitation firearm intending, by means of it, to make someone believe that unlawful violence will be used against them or another person, or to enable someone else to do so.

Possession of a firearm with intent to cause fear of violence · Firearms Act 1968, s.16ACard 77 / 195

Points to prove

Had in their possession
A firearm or imitation firearm
With intent by means of it to cause, or to enable another person by means of it to cause
Any person to believe that unlawful violence will be used against them or another person

Key definitions

Possession – wider than “has with him”. It covers items kept at home, in a car or in a storage place, as long as the defendant has knowledge of and control over them.
Firearm – s.57(1): a lethal barrelled weapon, a prohibited weapon, or a relevant component part of either.
Imitation firearm – s.57(4): anything which has the appearance of being a firearm, whether or not it can discharge a missile. This means a replica or BB gun used to frighten someone is covered.
Intent – the prosecution must prove a specific intent to cause the belief. The victim does not need to actually be put in fear, and the firearm does not need to be produced.

Good to know

Inserted by the Firearms (Amendment) Act 1994 and in force from 21 September 1994.
Unlike s.16 (intent to endanger life), s.16A covers imitation firearms.
Not limited to public places. It is often charged where a gun is brandished in a dwelling or during a dispute.
If the firearm is a prohibited weapon listed in Sch 20 to the Sentencing Act 2020, 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.16A (opens legislation.gov.uk in a new tab)
Mode of trial: Indictable only
Maximum penalty: 10 years' imprisonment and/or a fine
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Possession of a firearm with intent to cause fear of violence: questions people ask

What are the points to prove for possession of a firearm with intent to cause fear of violence?

1. Had in their possession 2. A firearm or imitation firearm 3. With intent by means of it to cause, or to enable another person by means of it to cause 4. Any person to believe that unlawful violence will be used against them or another person

What is the maximum sentence for possession of a firearm with intent to cause fear of violence?

10 years' imprisonment and/or a fine.

Is possession of a firearm with intent to cause fear of violence a summary, either-way or indictable offence?

Possession of a firearm with intent to cause fear of violence is indictable only: it can only be tried in the Crown Court.

What Act and section is possession of a firearm with intent to cause fear of violence?

Possession of a firearm with intent to cause fear of violence is an offence under the Firearms Act 1968, s.16A.

More weapons and firearms offences

All weapons and firearms offences