Illegal Weapons Possession: Art. 564 Criminal Code
In this article
Key Takeaways
- Art. 564 Criminal Code: unlicensed weapons
- Stockpiling: Art. 566 Criminal Code (2-4 years)
- Expired licenses and inherited weapons
- Weapon expert report is key
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.
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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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Frequently asked questions
What does Article 564 of the Criminal Code punish?
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.
What is the difference between Art. 564 and weapons stockpiling under Art. 566 Criminal Code?
Art. 564 Criminal Code refers to the possession of an isolated weapon without a license. Where there is instead a 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.
Can an expired license or an inherited weapon amount to an offence?
These are the most common scenarios. Expired or unrenewed licenses and unregularized inherited weapons can lead to charges of illegal weapons possession. Early regularization of the paperwork is an important element of the defence.
Can a blank-firing gun be considered a firearm?
Yes. Blank-firing or alarm guns modified to fire live ammunition come to be treated as firearms for the purposes of Art. 564 Criminal Code. That is why the expert report determining whether the weapon is fit to fire is decisive.
What does the defence for illegal weapons possession rely on?
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.
What is the difference between Art. 563 and Art. 564 of the Criminal Code?
Art. 563 Criminal Code punishes the possession of weapons whose possession is generally prohibited under administrative weapons regulations (for example, extendable batons or certain bladed or electric weapons), regardless of whether a license could ever be obtained. Art. 564 Criminal Code, by contrast, punishes the possession of regulated firearms — which can lawfully be owned — when the corresponding license or permit is missing. In judgment 217/2026, of 16 March, the Supreme Court confirmed that an extendable rigid baton (a telescopic baton) falls within the offence of Art. 563 Criminal Code, regardless of whether it was actually used.
Can possessing a knife or a bladed weapon be an offence?
Possession of bladed weapons is not, as a general rule, punished under the Criminal Code unless it is a model expressly prohibited by weapons regulations (for example, certain automatic knives or weapons disguised to look like something else). Using one in a threatening manner while committing another offence, however, can constitute a specific aggravating circumstance, independently of possession.
What if the weapon was unloaded or not working?
This is a relevant element for the defence. Art. 564 Criminal Code protects public safety against the availability of a weapon fit to fire; if the expert report shows that the weapon was disabled or not functionally fit, the offence itself may fail, or at least the seriousness of the conduct can be disputed. That is why the weapon functioning report is, in practice, the central piece of evidence in the proceedings.
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