Sections 22 to 24A of the Firearms Act 1968 create offences relating to the possession and acquisition by minors of firearms and air weapons and the supply of firearms and air weapons to minors: Whether something is a “lethal barrelled weapon” is a question of fact e.g. see R v Singh (1989) Crim. L.R. 724, CA, which involved an evidential dispute as to whether a flare launcher was barrelled. Reported cases do not as a matter of law establish that certain types of weapons are “lethal barrelled weapons”, and it is accordingly necessary to call evidence proving that the definition in section 57(1B) is met: Grace v DPP (1989) Crim. L.R. 365, where the conviction was quashed as there was no evidence that the air rifle could have been fired. These cases pre-date the 2017 amendment of section 57 which introduced the definition of a “lethal barrelled weapon” by reference to the kinetic energy of the missile at the muzzle; it is now necessary to call evidence of this rather than of lethality. Shot Guns Section 19: it is an offence for a person to have with them in a public place without lawful authority or reasonable excuse a loaded shot gun, an air weapon (whether loaded or not), any other firearm (whether loaded or not) together with ammunition suitable for use in that firearm, or an imitation firearm. Section 32 of the Violent Crime Reduction Act 2006 similarly requires that air weapons sold by way of trade or business must be transferred in person, and creates an offence of failing to comply with this. Conversion Accordingly, where a stun gun is disguised as another object, section 5(1)(b) should be charged unless there is evidence of any use or intended use of the stun gun, or the commission or alleged commission at the same time or recently of other relevant offences.

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Simple possession would be an offence e.g. because the weapon is a prohibited weapon, because it is a firearm for which a certificate is require under section 1 and the person taking possession does not have such a licence, or because they are disqualified from possession under section 21 Firearms Act 1968; or

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suspects to access early intervention, bespoke referral routes and where appropriate mental health pathways be in any way knowingly concerned in carrying, removing, depositing, harbouring, keeping or concealing or in any manner dealing with any such goods; Section 57(1C) excludes from the definition of a "lethal barrelled weapon" any weapon meeting the definition of "airsoft gun" under section 57A. Section 16A may be more appropriate where the necessary intent for section 16 cannot be proved, as the intent to cause another to believe that unlawful violence will be used, is more readily inferred. Section 16A can be used where the firearm is an imitation.

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Section 18(1) covers the same intention, but at an earlier stage and refers to "any indictable" offence. It requires "having with them" a firearm or imitation firearm. There should be no assumption as to what a "typical" victim might look like or behave like when assessing the evidence as to "substantial adverse effect". Victims may respond to abuse in several ways including consuming drugs or alcohol, and/or by showing signs of humiliation, detachment, anger, and retaliation. Victims may also interpret abuse very differently including expressing feelings of guilt; this might depend on their social or cultural context. Victims can be resilient in some respects: it is important not to compare them to other victims but to consider how their day-to-day life has been affected. Refer to the Domestic Abuse prosecution guidance for further advice on self-defence and issues relevant to particular groups. Gathering Evidence and Case Building Section 37 of the 2006 Act provides specific defences: this allows persons in the course of a trade or business to import realistic imitation firearms for the purpose of modifying them to make them non-realistic. It also provides various defences if the realistic imitation firearm was available for:the imitation is to be regarded as distinguishable if its size, shape or principal colour is unrealistic for a real firearm. Section 17(2) requires "possession" of a firearm or imitation firearm at the time of commission or arrest for a Schedule 1 offence. Section 311 of the Sentencing Act 2020 mandates minimum sentences for defendants convicted of offences listed in Schedule 20 who were aged 16 or over when the offence was committed. Each weapon and component part should be photographed alongside a scale to indicate its dimensions. The timely provision of photographs may avoid the need for the weapon and the accompanying officer to come to court.