Carrying a Firearm in a Public Place (Section 19 Firearms Act 1968)

Carrying a Firearm in a Public Place is an offence under s.19 Firearms Act 1968. A person commits an offence if, without lawful authority or reasonable excuse (the proof whereof lies on him) he has with him in a public place a loaded shot gun, an air weapon (whether loaded or not), any other firearm (whether loaded or not) together with ammunition suitable for use in that firearm, or an imitation firearm (s.19). A public place 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 (s.57(4)). Maximum sentence: on conviction on indictment, 7 years or a fine, or both; on summary conviction, 6 months or a fine of £400, or both, as the text of Schedule 6, Part I reads. Schedule 6 adds that the summary route is not available where the firearm is one specified in s.5(1)(a), (ab), (aba), (ac), (ad), (ae), (af), (ag) or (ba) or s.5(1A)(a), and that trial on indictment is not available where the firearm is an air weapon. Section 51A(6) states that for the minimum sentence for certain offences under the Act where an individual is convicted in England and Wales, see section 311 of the Sentencing Code.

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. Firearms must be made safe by a trained officer before being handled. Continuity of the exhibit from scene to storage is essential. Check the National Firearms Licensing Management System for any certificates or previous incidents. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).