Does a mandatory minimum sentence always apply to this offence?

No. The 5-year (18+) / 3-year (16-17) mandatory minimum under Sentencing Act 2020 s.311 and Schedule 20 applies to a s.19 offence only where the firearm is a s.5 prohibited weapon, subject to an 'exceptional circumstances' exception. It does not apply where the firearm is a loaded shotgun, an air weapon or an imitation firearm.

Carrying a firearm in a public place

The offence of carrying a firearm in a public place under s.19 Firearms Act 1968 — the statutory element reproduced verbatim, mode of trial and maximum sentence, the conditional mandatory minimum, and the stop, search and arrest powers, for frontline officers.

Unofficial independent resource — always verify with official sources (College of Policing, your force, PFEW).

Reviewed by the BlueLineHub Editorial Team

Last reviewed: 28 August 2026 · Next review due: 28 February 2027

Reviewed by BlueLineHub Editorial

What are the points to prove for carrying a firearm in a public place under s.19 Firearms Act 1968?

s.19 Firearms Act 1968 makes it an offence, without lawful authority or reasonable excuse, to have with you in a public place a loaded shotgun, an air weapon (loaded or not), any other firearm together with suitable ammunition, or an imitation firearm — reproduced verbatim below.

It is triable either way, except that an offence involving an air weapon only is summary only; the maximum on conviction on indictment is 7 years' imprisonment and/or a fine, and on summary conviction 6 months' imprisonment and/or a fine (Firearms Act 1968 Schedule 6).

All offence cards

It is an offence under s.19 Firearms Act 1968 for a person, without lawful authority or reasonable excuse (the proof of which lies on them), to have with them in a public place a loaded shotgun, an air weapon (whether loaded or not), any other firearm together with suitable ammunition, or an imitation firearm. The offence is reproduced verbatim below. It is educational reference, not a charging decision — verify against current law, CPS charging guidance and force policy.

Offence

s.19 Firearms Act 1968

Mode of trial

Triable either way — except that an offence involving an air weapon only is summary only, and one involving a s.5 prohibited weapon is triable only on indictment (Firearms Act 1968 Schedule 6).

Maximum sentence

7 years' imprisonment and/or a fine on conviction on indictment; 6 months' imprisonment and/or a fine on summary conviction (Firearms Act 1968 Schedule 6). Where the offence involves an air weapon only it is summary only, with a maximum of 6 months' imprisonment and/or a fine. A mandatory minimum sentence applies ONLY where the firearm is a s.5 prohibited weapon — 5 years' imprisonment for an offender aged 18 or over, 3 years for an offender aged 16-17, unless the court is satisfied there are exceptional circumstances (Sentencing Act 2020 s.311 and Schedule 20). It does NOT apply where the firearm is a loaded shotgun, an air weapon or an imitation firearm.

Points to prove — statutory elements

Reproduced verbatim from the Act as published on legislation.gov.uk. These are the statutory elements, not a paraphrase — confirm the up-to-date text and any amendments at the source.

s.19 — Carrying firearm in a public place.having a firearm in a public place

(19) 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) a loaded shot gun,

(b) an air weapon (whether loaded or not),

(d) an imitation firearm.

Read s.19 on legislation.gov.uk

Powers of arrest & search

Arrest without warrants.24

A constable may arrest without warrant anyone whom they have reasonable grounds to suspect of carrying a firearm in a public place, where an arrest is necessary on one of the s.24(5) grounds (PACE 1984 s.24).

Code of Practice: PACE Code G — arrest →

Stop, search and entry

Firearms Act 1968 s.47(1)(a) is engaged wherever a person is suspected of having a firearm in a public place in contravention of s.19. Where a constable has reasonable cause to suspect this, s.47 allows them to require the person to hand over the firearm or ammunition for examination, to search the person (s.47(3)), to stop and search a vehicle the constable suspects is being used in connection with such an offence (s.47(4)), and to enter any place for the purpose of exercising these powers (s.47(5)).

Search warrant

Firearms Act 1968 s.46 allows a justice of the peace to grant a warrant to search premises or a person where there is reasonable cause to suspect a relevant offence under the Act, including carrying a firearm in a public place.

CPS charging guidance

Verbatim extracts from the CPS charging guidance (Crown copyright, reproduced under the Open Government Licence v3.0). CPS revises this guidance — confirm against the live page and current law.

Carrying a firearm or imitation firearm in a public place – maximum 7 years' imprisonmentcharging & penalty (s.19)

This offence can be found in section 19 FA 1968. It is an offence for a person to have a loaded shotgun, an air weapon, (whether loaded or not), any other firearm, (whether loaded or not) together with ammunition suitable for use in that firearm or imitation firearm without lawful authority or a reasonable excuse.

Read on cps.gov.uk

Firearms – Carrying in a public place — Sentencing Council guideline Legislation Quick Reference

"Public place" and "has with him" carry their established firearms-law meanings — this card does not restate them; see the verbatim text of s.19 and the wider Act.
Lawful authority or reasonable excuse is a matter for the defendant to raise; the burden then falls on the prosecution to disprove it. This card does not set out what will or will not amount to a reasonable excuse.
The offence was widened by the Anti-social Behaviour Act 2003 (in force 20 January 2004) to bring in air weapons (whether loaded or not) and imitation firearms, alongside the original loaded-shotgun and other-firearm-with-ammunition limbs.
The 5-year/3-year mandatory minimum under Sentencing Act 2020 s.311 applies to a s.19 offence only where the firearm involved is a s.5 prohibited weapon — never for a loaded shotgun, an air weapon, or an imitation firearm.

Frequently asked

What is the point to prove for carrying a firearm in a public place?: Without lawful authority or reasonable excuse, having with you in a public place a loaded shotgun, an air weapon (loaded or not), any other firearm together with suitable ammunition, or an imitation firearm (s.19 Firearms Act 1968).
Is carrying a firearm in a public place triable either way?: Yes, in most cases — except where the offence involves an air weapon only (summary only) or a s.5 prohibited weapon (triable only on indictment). The maximum on conviction on indictment is 7 years' imprisonment and/or a fine; on summary conviction (including the air-weapon-only form) it is 6 months' imprisonment and/or a fine (Firearms Act 1968 Schedule 6).
Does a mandatory minimum sentence always apply to this offence?: No. The 5-year (18+) / 3-year (16-17) mandatory minimum under Sentencing Act 2020 s.311 and Schedule 20 applies to a s.19 offence only where the firearm is a s.5 prohibited weapon, subject to an 'exceptional circumstances' exception. It does not apply where the firearm is a loaded shotgun, an air weapon or an imitation firearm.