Commentary on Sections Part 2: Weapons etc. Section 41: Increase of maximum sentence for possessing an imitation firearm
255.This section amends the Firearms Act 1968 to increase from 6 months to 12 months the maximum custodial sentence for the offence of carrying an imitation firearm in public without reasonable excuse.
256.Subsection (1) makes the offence triable either way and sets the maximum custodial sentence on indictment as 12 months. Subsection (2) clarifies that when section 282(3) of the Criminal Justice Act 2003 comes into force in England and Wales the maximum custodial sentence on summary conviction will increase from 6 months to 12 months.