Firearms – Carrying in a public place

s.19 Firearms Act 1968 · Both

Sentencing framework

The guideline for sentencing individuals guilty of carrying a firearm in a public place is structured around the assessment of culpability and harm. Courts must first categorize the offence based on the type of weapon involved and relevant culpability factors. Then, they determine the starting point and range for sentencing, taking into account aggravating and mitigating factors specific to each case. The maximum penalty and minimum terms apply based on the severity and context of the offence, with clear pathways for considering exceptional circumstances.

Maximum sentence

7 years’ custody (12 months’ custody for imitation firearms, 6 months’ custody for an air weapon)

Court

Both

Starting point

Discharge

Offence range

Discharge – 4 years’ custody

Aggravating factors

·Previous convictions
·Offence committed whilst on bail
·Firearm modified to make it more dangerous
·Steps taken to disguise firearm
·Steps taken to make imitation firearm appear more realistic
·Firearm/ammunition kept with multiple weapons and/or substantial quantity of ammunition
·Offence committed in a domestic abuse context
·Offence was committed as part of a group
·Abuse of position as registered firearms dealer or certificate holder
·Commission of offence whilst under the influence of alcohol or drugs
·Offender prohibited from possessing weapon or ammunition because of previous conviction
·Failure to comply with current court orders
·Offence committed on licence or post sentence supervision

Mitigating factors

·No previous convictions or no relevant/recent convictions
·Positive character and/or exemplary conduct
·Firearm incomplete or incapable of being discharged
·No knowledge or suspicion that item possessed was firearm/ammunition
·No knowledge or suspicion that firearm/ammunition is prohibited
·Held on behalf of another through coercion, intimidation, or exploitation
·Genuine mistake about whether covered by lawful authorisation
·Voluntary surrender of firearm/ammunition
·Offender co-operated with investigation and/or made early admissions
·Remorse
·Serious medical condition requiring urgent, intensive or long-term treatment
·Age and/or lack of maturity
·Mental disorder or learning disability
·Sole or primary carer for dependent relatives
·Pregnancy, childbirth and post-natal care
·Difficult and/or deprived background or personal circumstances
·Prospects of or in work, training or education

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

Step 1 – Determining the offence category
Step 2 – Starting point and category range
Step 3 – Minimum term and exceptional circumstances
Step 4 – Consider any factors which indicate a reduction for assistance to the prosecution
Step 5 – Reduction for guilty pleas
Step 6 – Totality principle
Step 7 – Ancillary orders
Step 8 – Reasons
Step 9 – Consideration for time spent on bail

Guideline notes

The offence may be subject to a statutory minimum sentence.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.