Possession of an Imitation Firearm in a Public Place (Section 19 Firearms Act 1968)

Possession of an Imitation 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 an imitation firearm (s.19(d)). An imitation firearm is any thing which has the appearance of being a firearm (other than a weapon mentioned in s.5(1)(b)) whether or not it is capable of discharging any shot, bullet or other missile, and 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. The separate offences under s.17 of making or attempting to make any use of a firearm or imitation firearm with intent to resist or prevent the lawful arrest or detention of himself or another person (s.17(1)), and of having a firearm or imitation firearm in his possession at the time of committing or being arrested for an offence specified in Schedule 1 unless he shows he had it for a lawful object (s.17(2)), are each punishable on indictment with life imprisonment or a fine, or both (Schedule 6, Part I).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. The charging decision rests with the CPS (not police). 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).