Illegal Weapons Possession: Art. 564 Penal Code

Illegal weapons possession generates many charges from everyday situations that were poorly resolved. As criminal lawyers in illegal weapons possession, we explain the offense and the defense.

What Article 564 Penal Code Punishes

Article 564 of the Penal Code punishes the possession of regulated firearms without the required licenses or permits, with prison penalties that vary depending on the type of weapon and its circumstances. The protected interest is public safety.

Weapons Stockpiling (Art. 566 Penal Code)

Where it is no longer an isolated weapon but the stockpiling, manufacture, marketing or trafficking of weapons, Art. 566 Penal Code applies, with penalties of 2 to 4 years in prison, aggravated if the weapons are supplied to minors or persons lacking capacity.

Common Scenarios

The most frequent situations include expired or unrenewed licenses, unregularized inherited weapons, irregular storage and blank-firing or alarm guns modified to fire live ammunition, which then count as firearms.

Defense Strategy

The defense relies on the weapon functioning report (whether it is fit to fire), on actual availability over it, on a possible mistake about the administrative status and on early regularization of the paperwork.