Unlawful Possession of Weapons: Offence or Infringement? Legal Guide 2026

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.

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.

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).

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).