Unlawful Possession of Weapons in Spain: Crime or Administrative Offence? (Art. 564 CP)

One of the most frequent questions in our firm is: is carrying a knife in the car an offence? The answer is not simple, as it depends on three factors: the type of weapon, the place where it is carried and the intent. In Spain, the possession of weapons sits on a fine line between an administrative infringement (a fine under the Public Safety Act) and the criminal offence of unlawful possession (Articles 563 and 564 of the Criminal Code). Our lawyers experienced in the unlawful possession of weapons in Madrid can help you with this type of situation.

What Is Weapon Possession Law in Spain?

Weapon possession law in Spain runs on two separate tracks that decide whether carrying a weapon ends in a fine or in prison. The administrative track is the Public Safety Act (Ley Orgánica de Protección de la Seguridad Ciudadana), which fines the irregular carrying or storage of regulated weapons — a legal knife carried without justification, an expired firearms licence, incorrect storage — with penalties starting at EUR 601. The criminal track sits in Articles 563 and 564 of the Criminal Code (CP): Art. 563 CP punishes, with one to three years in prison, the possession of prohibited weapons — those barred to private individuals under any circumstances. Art. 564 CP punishes, with six months to two years in prison (more if aggravating circumstances concur), the possession of regulated firearms without the required licence. On top of both offences, the Supreme Court demands that the possession create an abstract danger to public safety, so where and how the weapon was carried weigh as much as the object itself.

The Boundary: Offence vs. Infringement

Not all irregular possession is an offence. For criminal law to come into play, the conduct must have a specific seriousness:

• Administrative infringement (fine): applies where regulated weapons are possessed (e.g. a legal knife) but outside the permitted places, or without the necessary documentation, or where they are carried in public places without justification. The penalty is financial.
• Offence (prison): reserved for cases of particular dangerousness: the possession of prohibited weapons (e.g. double-edged daggers, non-approved electric stun devices, modified firearms) or the possession of regulated firearms without a licence.

The Supreme Court also requires that the possession pose an "abstract danger" to public safety. Carrying a baseball bat in the boot on the way to training is not punishable; carrying it under the passenger seat on a Saturday night in a nightlife area is (a fine), and if it were a prohibited weapon, it would be an offence.

Legal, Fineable or Criminal? Weapon by Weapon

The same object can be legal, fineable under the Public Safety Act or a criminal offence depending on its type, its documentation and how it is carried. This table summarises the position for the weapons that generate the most queries in our practice:

Where the numbers escalate — several regulated firearms gathered together, or their manufacture or trading — the classification changes again: from the individual offences of Arts. 563-564 CP to the more serious offence of weapons stockpiling under Arts. 566 and 567 CP, punished with up to four years in prison for regulated firearms and up to ten years for weapons of war. See our full analysis of weapons stockpiling (Art. 566 CP).

Which Weapons Are ALWAYS an Offence?

Article 563 of the Criminal Code punishes the possession of prohibited weapons. These are weapons barred to private individuals under any circumstances. Common examples that people are unaware of:

• Automatic knives: of any size. Their opening mechanism makes them illegal in themselves.
• Daggers: bladed weapons with a blade under 11 cm but with a double edge and a sharp point.
• Electric stun devices ("tasers"): except those approved for authorised officers.
• Knuckledusters and non-approved defence sprays: those not sold in authorised gun shops (beware of online purchases from abroad).

For a detailed breakdown of the unlicensed-firearms offence itself, see our guide on illegal weapons possession under Art. 564 CP. And for a real case confirming that even an everyday object like an extendable baton counts as a prohibited weapon, see STS 217/2026 on the extendable baton.

Defence Strategy

If you are accused of unlawful possession, the defence focuses on:

1. Nullity of the search: did the police have grounds to search your car or backpack? If the search was speculative and without any indications, the evidence (the weapon) is void.
2. The nature of the object: an expert report to show that the object is not a "weapon" in the strict sense or is not "prohibited" (e.g. a non-automatic knife, an approved spray).
3. Absence of danger: showing that the possession was circumstantial and posed no risk to third parties (collecting, a one-off transport).