Firearms

Possessing a section 1 Firearm/Ammunition without Certificate

Firearms Act 1968 s1(1)

It is an offence for a person to have in their possession, or to purchase or acquire, a firearm to which this section applies, without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate;

To have in their possession, or to purchase or acquire, any ammunition to which this section applies without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate, or in quantities in excess of those so authorised.

Points to Prove:

• Date & location

• Possesses/purchased/Acquired

• A s1 firearm/ammunition

• Without/not authorised by/in quantities exceeding that authorised by

• A firearms certificate

Sentence:

• Either Way

• 5 years

Possession with Intent to Endanger Life

Firearms Act 1968 s16

It is an offence for a person to have in their possession any firearm or ammunition with intent by means thereof to endanger life or to enable another person by means thereof to endanger life, whether any injury has been caused or not.

Points to Prove:

• Date & location

• Possessed firearm/ammunition

• With Intent

• To endanger life/enable another to endanger life thereby

Sentence:

• Indictable

• Life

Possession with Intent to Cause Fear of Violence

Firearms Act 1968 s16A

It is an offence for a person to have in their possession any firearm or imitation firearm with intent by means thereof to cause; OR To enable another person by means thereof to cause any person to believe that unlawful violence will be used against them or another person.

Points to Prove:

• Date & location

• Had in their possession

• A firearm/imitation firearm

• With intent

• To cause/enable another to cause

• Any person

• To believe unlawful violence will be used

• Against them or another person

Sentence:

• Indictable

• 10 years

Using a Firearm to Resist or Prevent a Lawful Arrest

Firearms Act 1968 s17(1)

It is an offence for a person to make or attempt to make any use whatsoever of a firearm or imitation firearm with intent to resist or prevent the lawful arrest of themselves or any other person.

Points to Prove:

• Date & location

• Made/attempted to make/use

• Firearm/imitation firearm

• With Intent

• To resist/prevent lawful arrest/detention

• Of self/another

Sentence:

• Indictable

• Life

Possession at the Time of Committing/Being Arrested

Firearms Act 1968 s17(2)

If a person at the time of committing or being arrested for an offence specified in schedule 1 to this Act, has in their possession a firearm or imitation firearm they shall be guilty of an offence under this subsection unless they show that they had it in their possession for a lawful object.

Points to Prove:

• Date & location

• At the time of

• Being arrested for/committing

• A schedule 1 offence

• Possessed Firearm/Imitation Firearm

Sentence:

• Indictable

• Life

Carrying Firearm – Criminal Intent/Resist Arrest

Firearms Act 1968 s18

It is an offence for a person to have 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 have the firearm or imitation firearm with them.

Points to Prove:

• Date & location

• Had with them

• A firearm/imitation firearm

• With intent

• To commit an indictable offence/resist arrest/prevent the arrest of another

Sentence:

• Indictable

• Life

Possess Firearm or Imitation Firearm in a Public Place

Firearms Act 1968 s19

A person commits an offence it, without lawful authority or reasonable excuse (the proof whereof lies on them) they have with them in a public place-

1. A loaded shotgun

2. An air weapon (whether loaded or not)

3. Any other firearm (whether loaded or not) together with ammunition suitable for use in that firearm, OR

4. An imitation firearm.

Points to Prove:

• Date & location

• Without lawful authority/reasonable excuse

• Had with them in a public place

• Firearm (together with suitable ammunition), OR

• Loaded shotgun, OR

• Loaded/unloaded air weapon, OR

• Imitation firearm

Sentence:

Non air weapon

• Either Way

• 7 years (12 months for imitation firearm)

Air weapon

• Summary

• 6 months

Trespass with any Firearm in a Building

Firearms Act 1968 s20(1)

A person commits an offence if, while they have a firearm or imitation firearm with them, they enter or is in any building or part of a building as a trespasser and without reasonable excuse (the proof whereof lies on them).

Points to Prove:

• Date & location

• Had with them

• Firearm/Imitation Firearm

• Entered or was in

• Building/part of a building

• As a trespasser

• Without Reasonable excuse

Sentence:

Non air weapons

• Either Way

• 7 years

Air Weapons

• Summary

• 6 months

Trespass with Firearm on Land

Firearms Act 1968 s20(2)

A person commits an offence if, while they have a firearm or imitation firearm with them, they enter or is on any land as a trespasser and without reasonable excuse (the proof whereof lies on them).

Points to Prove:

• Date & location

• Had with them

• Firearm/imitation firearm

• Entered/was on land

• As a trespasser

• Without Reasonable excuse

Sentence:

• Summary

• 3 months