Trespassing with a firearm in a building or on land

s.20Firearms Act 1968

Entering or being in a building, or on land, as a trespasser while having a firearm or imitation firearm with you, without reasonable excuse.

Trespassing with a firearm in a building or on land · Firearms Act 1968, s.20Card 79 / 195

Points to prove

Had with them
A firearm or imitation firearm
s.20(1)Entered or was in any building or part of a building as a trespasser
s.20(2)Entered or was on any land as a trespasser

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 need not be loaded and no ammunition is needed.
Imitation firearm – s.57(4): anything which has the appearance of being a firearm, whether or not it can discharge a missile.
Trespasser – a person who enters or remains without the permission of the occupier or other lawful right.
Land – s.20(3): includes land covered with water, such as a lake or river.

Defences

Reasonable excuse – the burden is on the defendant to prove it, on the balance of probabilities (s.20(1) and (2)).

Good to know

Exam trap: there is no need to prove any intent to commit an offence. Compare burglary and aggravated burglary.
Mode of trial for s.20(1) (Sch 6): indictable only if the firearm is a prohibited weapon under s.5(1)(a), (ab), (aba), (ac), (ad), (ae), (af), (ag) or (ba) or s.5(1A)(a).
For those prohibited weapons, the minimum sentence in s.311 Sentencing Act 2020 applies to s.20(1) for offenders aged 16 or over (5 years if 18 or over, 3 years if under 18), unless there are exceptional circumstances.
The antiques exemption in s.58(2) does not apply to s.20.
s.20(2) is summary only, but s.51(4) allows summary proceedings up to 4 years after the offence, provided that after 6 months they are brought by or at the direction of the DPP.

Legislation: Firearms Act 1968, s.20 (opens legislation.gov.uk in a new tab)
Mode of trial: Building (s.20(1)): either way (summary only for an imitation firearm or air weapon; indictable only for certain prohibited weapons). Land (s.20(2)): summary only
Maximum penalty: Building: 7 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily; 6 months if an imitation firearm or air weapon). Land: 3 months' imprisonment and/or a level 4 fine
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Trespassing with a firearm in a building or on land: questions people ask

What are the points to prove for trespassing with a firearm in a building or on land?

1. Had with them 2. A firearm or imitation firearm 3. Entered or was in any building or part of a building as a trespasser 4. Entered or was on any land as a trespasser

What is the maximum sentence for trespassing with a firearm in a building or on land?

Building: 7 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily; 6 months if an imitation firearm or air weapon). Land: 3 months' imprisonment and/or a level 4 fine.

Is trespassing with a firearm in a building or on land a summary, either-way or indictable offence?

Mode of trial: Building (s.20(1)): either way (summary only for an imitation firearm or air weapon; indictable only for certain prohibited weapons). Land (s.20(2)): summary only.

What Act and section is trespassing with a firearm in a building or on land?

Trespassing with a firearm in a building or on land is an offence under the Firearms Act 1968, s.20.

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