Weapon Possession Laws in Spain: A Guide to Arts. 563-570 CP

Weapon possession is one of the most common charges brought against foreign nationals and residents in Spain, often arising from everyday situations. The rules are set out in Articles 563 to 570 of the Criminal Code, in the chapter on crimes against public order dealing with the possession, trafficking and stockpiling of weapons, munitions and explosives. As criminal defence lawyers for weapons offences, we explain what the law covers, the penalties for each situation, and where the criminal line lies.

The Legal Framework: Arts. 563-570 CP

The starting point is that lawful possession of a licensed weapon is not an offence. What the Criminal Code punishes is possession outside the authorised regime: prohibited weapons, firearms held without a licence, unauthorised stockpiles, and explosives. Each situation has its own article and its own penalty, and the correct classification of the facts is decisive for the outcome.

Prohibited Weapons (Art. 563 CP)

Article 563 CP punishes the possession of prohibited weapons, and of weapons that are the result of a substantial modification of the manufacturing characteristics of regulated weapons, with prison of one to three years. What qualifies as a prohibited weapon is defined by the Firearms Regulation (Reglamento de Armas) and includes certain knives, extendable batons and stun devices. A recurring defence issue is whether the item truly falls within the category of prohibited weapon or belongs to the administrative sphere.

Unlicensed Firearms (Art. 564 CP)

Article 564 CP punishes holding a regulated firearm without the necessary licence or permit:

• Short firearms (handguns): prison of one to two years.
• Long firearms: prison of six months to one year.

The penalties rise to two to three years and one to two years respectively where the weapon has no factory marks or serial number (or they are altered or erased), was illegally brought into Spanish territory, or has been transformed. Under Article 565 CP, the court may reduce the penalty by one degree when the circumstances of the act and the offender show there was no intention of using the weapon for unlawful purposes.

Stockpiling of Weapons and Munitions (Arts. 566-567 CP)

Article 566 CP punishes manufacturing, trading or setting up unauthorised stockpiles of weapons or munitions:

• War weapons or chemical, biological, nuclear or radiological weapons (and anti-personnel mines or cluster munitions): prison of five to ten years for promoters and organisers, and three to five years for those who helped form the stockpile.
• Regulated firearms or their munitions: prison of two to four years for promoters and organisers, and six months to two years for helpers.

Article 567 CP defines what a stockpile is. For war weapons a single weapon is enough; for regulated firearms a stockpile means five or more (Art. 567.3 CP). This threshold is often the key point in the defence of a firearms-stockpiling charge.

Explosives (Art. 568 CP)

Article 568 CP punishes the unauthorised possession, storage, manufacture, trafficking, transport or supply of explosive, inflammable, incendiary or asphyxiating substances or their components, with prison of four to eight years for promoters and organisers and three to five years for those who helped form the stockpile. Where the inflammable substance is a liquid fuel, Article 568.2 CP sets a penalty of three to five years.

Accessory Consequences (Arts. 569-570 CP)

Two further provisions round out the chapter. Article 569 CP provides that stockpiles set up on behalf of an association with a criminal purpose lead to a judicial declaration of unlawfulness and the dissolution of the association. Article 570 CP allows the court to impose deprivation of the right to hold and carry weapons for a period exceeding by three years the prison term imposed, and, where the offender was authorised to manufacture or trade in the weapons or substances, special disqualification from that trade for twelve to twenty years.

Crime or Administrative Offence

Not every irregularity with a weapon is a crime. Where a weapon is held under a valid authorisation but with formal defects (an expired licence, storage or documentation failures), the conduct is generally an administrative offence under the Public Safety Act (Ley Orgánica 4/2015), not a criminal one. The criminal offences of Arts. 563-568 CP require the absence of authorisation and a weapon or substance with real dangerous capacity. Distinguishing the criminal offence from the administrative infringement is one of the first tasks of the defence.

Lines of Defence

The criminal defence against a weapons charge is built on several lines:

• Nature of the item: disputing, with an expert report, that the object is a prohibited weapon or a serviceable firearm.
• Existence of authorisation or reclassification of the facts as an administrative matter.
• Number and fitness of the weapons in stockpiling cases, and a ballistics report on whether the firearm actually works.
• Absence of intent to use unlawfully, opening the door to the reduction of Article 565 CP.
• Lawfulness of the search and the chain of custody of the seized items.

Each case requires an individual study of the evidence, without anticipating outcomes and in full confidence.

Criminal Defence for Weapons Offences in Spain

Alonso Sala is a criminal law firm based in Madrid (calle Velázquez 27) acting throughout Spain. We defend individuals charged with prohibited weapons, unlicensed firearms, stockpiling and explosives offences under Arts. 563-570 CP, analysing the nature of the weapon, the existence of authorisation and the lawfulness of the seizure. You can find more information on our illegal weapons possession defence page.

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