Illegal Weapons Possession: Art. 564 Criminal Code
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listIn this article
lightbulbKey Takeaways
- check_circleArt. 564 Criminal Code: unlicensed weapons
- check_circleStockpiling: Art. 566 Criminal Code (2-4 years)
- check_circleExpired licenses and inherited weapons
- check_circleWeapon expert report is key
Quick answer
Article 564 of the Criminal Code punishes, with imprisonment, the possession of regulated firearms without the required licenses or permits; the penalty varies depending on the type of weapon and its circumstances, and the protected interest is public safety. Where it is not an isolated weapon but the stockpiling, manufacture, marketing or trafficking of weapons, Art. 566 Criminal Code applies (2 to 4 years in prison). The most common scenarios are expired licenses, unregularized inherited weapons and blank-firing guns modified to fire live ammunition; the weapon functioning report and early regularization of the paperwork are key to the defence.
Need help with your case? Talk to a criminal defense lawyer at Alonso Sala.
Illegal weapons possession generates many charges from everyday situations that were poorly resolved. As criminal lawyers in illegal weapons possession, we explain the offence and the defence.
What Article 564 Criminal Code Punishes
Article 564 of the Criminal 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 Criminal Code)
Where it is no longer an isolated weapon but the stockpiling, manufacture, marketing or trafficking of weapons, Art. 566 Criminal 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.
Defence Strategy
The defence 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.
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