What is the difference between s.16 and s.16A Firearms Act 1968?

s.16 is possessing a firearm or ammunition with intent to endanger life (or to enable another to do so) — it requires a real firearm or ammunition. s.16A is possessing a firearm or IMITATION firearm with intent to cause a person to believe that unlawful violence will be used against them or another.

What is the maximum sentence for possession with intent?

s.16 (intent to endanger life) carries a maximum of life imprisonment; s.16A (intent to cause fear of violence) carries a maximum of 10 years' imprisonment — both under Firearms Act 1968 Schedule 6. Both offences are indictable only.

Does a mandatory minimum sentence always apply to s.16 or s.16A?

No. The mandatory minimum — 5 years (18+) or 3 years (16-17) under Sentencing Act 2020 s.311, unless there are exceptional circumstances — applies only where the firearm or imitation firearm involved is a s.5 prohibited weapon. An ordinary firearm or imitation firearm attracts no minimum.

Possession of a firearm with intent

The offences of possessing a firearm with intent to endanger life (s.16 Firearms Act 1968) and possessing a firearm or imitation firearm with intent to cause fear of violence (s.16A Firearms Act 1968) — the statutory elements reproduced verbatim, mode of trial and maximum sentence, and the arrest and search 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 possession of a firearm with intent under s.16 and s.16A Firearms Act 1968?

s.16 Firearms Act 1968 is possessing a firearm or ammunition with intent to endanger life or to enable another person to do so; s.16A is possessing a firearm or imitation firearm with intent to cause a person to believe that unlawful violence will be used against them or another — both reproduced verbatim below.

Both offences are indictable only. s.16 carries a maximum of life imprisonment; s.16A carries a maximum of 10 years' imprisonment (Firearms Act 1968 Schedule 6). A mandatory minimum of 5 years (18+) or 3 years (16-17) applies to either offence only where the firearm or imitation firearm involved is a s.5 prohibited weapon (Sentencing Act 2020 s.311).

All offence cards

Two distinct offences of possessing a firearm with intent sit side by side in the Firearms Act 1968: s.16 — possessing a firearm or ammunition with intent to endanger life (or to enable another person to do so) — and s.16A, inserted by the Criminal Justice and Public Order Act 1994 — possessing a firearm or imitation firearm with intent to cause a person to believe that unlawful violence will be used against them or another. Both are reproduced verbatim below. It is educational reference, not a charging decision — verify against current law, CPS charging guidance and force policy.

Offence

s.16 & s.16A Firearms Act 1968

Mode of trial

Indictable only

Maximum sentence

s.16 (intent to endanger life): life imprisonment on conviction on indictment. s.16A (intent to cause fear of violence): 10 years' imprisonment on conviction on indictment (both Firearms Act 1968 Schedule 6). A MANDATORY MINIMUM applies to either offence ONLY where the firearm or imitation firearm involved is a s.5 prohibited weapon: 5 years' imprisonment for an offender aged 18 or over, or 3 years' detention for an offender aged 16-17, unless the court is of the opinion that there are exceptional circumstances relating to the offence or the offender that justify not imposing it (Sentencing Act 2020 s.311 and Schedule 20). Where the weapon is an ordinary (non-prohibited) firearm or imitation firearm, no minimum applies.

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.

The verbatim text of s.16 reproduced below still contains the words "or cause serious injury to property". That limb was repealed for England & Wales by the Criminal Damage Act 1971 — s.16 now covers only an intent to endanger life (or to enable another to do so). legislation.gov.uk continues to display the repealed words with an un-applied amendment note, so they appear in the reproduced text; disregard them. s.16A is unaffected.

s.16 — Possession of firearm with intent to injure.intent to endanger life

(16) It is an offence for a person to have in his possession any firearm or ammunition with intent by means thereof to endanger life or cause serious injury to property, or to enable another person by means thereof to endanger life or cause serious injury to property, whether any injury to person or property has been caused or not.

Read s.16 on legislation.gov.uk

s.16A — Possession of firearm with intent to cause fear of violence.intent to cause fear of violence

(16A) It is an offence for a person to have in his possession any firearm or imitation firearm with intent—

(a) by means thereof to cause, or

(b) to enable another person by means thereof to cause,

any person to believe that unlawful violence will be used against him or another person.

Read s.16A 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 committing an offence under s.16 or s.16A, where an arrest is necessary on one of the s.24(5) grounds (PACE 1984 s.24).

Code of Practice: PACE Code G — arrest →

Search warrant

Firearms Act 1968 s.46 allows a justice of the peace to issue a warrant authorising a constable to enter and search premises or a place, and to search any person found there, where there are reasonable grounds to suspect an offence under the Act (including s.16 or s.16A) has been, is being, or is about to be committed, or that a relevant firearm or ammunition is on the premises.

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.

Possession of a firearm with intent to endanger life – maximum life imprisonments.16 — endanger life

This offence can be found at section 16 FA 1968 as an offence to possess a firearm "with intent to endanger life or to enable another person to endanger life". This requires proof that the possessor intends life to be endangered, although it is sufficient if the intent is that the firearm or ammunition should be used in a manner which endangers life as and when the occasion requires.

In R v Jones (IF) [1997] QB 798, it was held that enabling the other person meant more than giving that other the opportunity to endanger life, should they wish to. The offence is not made out simply because the possessor intended to supply the firearms or ammunition to persons who happened to be criminals. However, prosecutors should look at all of the surrounding circumstances of the case to see if there is sufficient evidence that would enable a jury to infer that the possessor knew that the ultimate recipient, whoever that might be, would use the firearms or ammunition in a manner that would endanger life. Factors that might be sufficient include: the nature of the firearm and ammunition in question, the circumstances in which they came to be in possession of the items, the circumstances in which they are found and whether there is evidence to suggest that they are part of a larger criminal enterprise.

Mandatory minimum sentence provisions apply for this offence in accordance with section 311 SA 2020. Extended sentences may also be applicable. Where the offender is being sentenced for a second offence relating to sections 16, 17(1) or 18 FA 1968 under section 283 SA 2020 the court must impose a mandatory life sentence. Prosecutors should see the below paragraph titled 'Mandatory minimum sentences' for more detail.

Read on cps.gov.uk

Possession of a firearm or imitation firearm with intent to cause fear of violence – maximum 10 years' imprisonments.16A — fear of violence

This offence can be found at section 16A FA 1968. It is an offence for any person to possess any firearm or imitation firearm with intent to cause, or to enable another person to cause, any person to believe that unlawful violence will be used against them or another person.

Mandatory minimum sentence provisions apply for this offence in accordance with section 311 SA 2020. Extended sentences may also be applicable. Prosecutors should see the below paragraph titled 'Mandatory minimum sentences' for more detail.

Read on cps.gov.uk

Firearms – Possession with intent to endanger life — Sentencing Council guideline Legislation Quick Reference

As currently in force, s.16 covers intent to endanger life only. A separate limb once covering intent to cause serious injury to property was repealed by the Criminal Damage Act 1971, which created its own offence of possessing anything with intent to damage property (s.3 Criminal Damage Act 1971) — not covered by this card.
s.16A also covers an IMITATION firearm — s.16 does not; it requires a real firearm or ammunition. This distinction matters when identifying which section applies.
The mandatory minimum in Sentencing Act 2020 s.311 is conditional: it applies to s.16/s.16A only where the firearm or imitation firearm involved is itself a s.5 prohibited weapon. An ordinary firearm or imitation firearm carries no minimum, even where the maximum (life or 10 years) is unaffected.
s.16A (fear of violence) has its own separate Sentencing Council guideline, 'Firearms – Possession with intent to cause fear of violence', distinct from the s.16 (intent to endanger life) guideline linked from this card.
Firearms Act 1968 s.47 (stop, search and entry) is NOT a general power for s.16/s.16A possession — it applies only where the firearm is in a PUBLIC PLACE (s.47(1)(a)); it is not asserted as a power on this card.

Frequently asked

What is the difference between s.16 and s.16A Firearms Act 1968?: s.16 is possessing a firearm or ammunition with intent to endanger life (or to enable another to do so) — it requires a real firearm or ammunition. s.16A is possessing a firearm or IMITATION firearm with intent to cause a person to believe that unlawful violence will be used against them or another.
What is the maximum sentence for possession with intent?: s.16 (intent to endanger life) carries a maximum of life imprisonment; s.16A (intent to cause fear of violence) carries a maximum of 10 years' imprisonment — both under Firearms Act 1968 Schedule 6. Both offences are indictable only.
Does a mandatory minimum sentence always apply to s.16 or s.16A?: No. The mandatory minimum — 5 years (18+) or 3 years (16-17) under Sentencing Act 2020 s.311, unless there are exceptional circumstances — applies only where the firearm or imitation firearm involved is a s.5 prohibited weapon. An ordinary firearm or imitation firearm attracts no minimum.