The offences
It is an offence under section 19 of the Firearms Act 1968 to carry an imitation firearm in a public place without reasonable excuse, and under other provisions to possess one with intent to cause fear of violence. The Violent Crime Reduction Act 2006 also restricts the manufacture and sale of imitation firearms. The offences are triable either-way and punishable by imprisonment.
Defences
- A reasonable excuse for carrying the item
- No intent to cause fear of violence
- The item was not an imitation firearm within the meaning of the Act
- Unlawful stop or search
Sentencing
Possession with intent to cause fear of violence carries a significant maximum sentence. The guidelines consider whether the item was used to threaten and the impact on those who saw it.
Frequently asked questions
An article that has the appearance of being a firearm, whether or not it is capable of discharging a shot. Realistic imitation firearms are regulated under the Violent Crime Reduction Act 2006.
Yes, where it is a realistic imitation firearm and is carried in a public place without reasonable excuse, or used to cause fear of violence.
Yes. The offences are triable either-way and punishable by imprisonment, particularly where used to threaten.