Weapons Possession Lawyer in Spain
Technical defence against accusations of firearm and prohibited weapon possession. We distinguish between administrative infraction and crime
Weapon possession law in Spain (Arts. 563-570 CP) criminalises holding a prohibited weapon or a regulated firearm without the corresponding licence, regardless of whether the weapon is ever fired or used to threaten anyone. Unlicensed possession of a regulated firearm carries 1-2 years' prison for a handgun or 6 months-1 year for a long gun (Art. 564 CP); possession of a prohibited weapon (e.g. stun guns, unapproved sprays, switchblades) carries 1-3 years (Art. 563 CP). Many everyday situations instead fall under the administrative Citizen Security Law, not the Criminal Code — the exact classification of the object is usually what decides the case.
You are under investigation for weapons possession: what happens next
It almost always starts the same way: a police checkpoint, a vehicle search or an entry into the home for another reason, the weapon seized and a police report reaching the Investigation Section of the Court of Instance (Sección de Instrucción; formerly the Investigating Court) for the area. The summons as a formal suspect usually arrives weeks later, with the notice of rights under Art. 118 LECrim. What is decided first is not the sentence but something prior: whether the seized object is a weapon for criminal purposes or only for administrative ones, because that determines whether the matter stays in court or ends as a penalty file under Organic Law 4/2015.
Where the matter is criminal, the framework depends on the type of weapon. Possessing prohibited or substantially modified weapons carries 1 to 3 years' imprisonment (Art. 563 CP). Possessing a regulated firearm without a licence carries 1 to 2 years for a handgun and 6 months to 1 year for a long gun (Art. 564.1 CP), rising to 2-3 and 1-2 years respectively where the weapon has no maker's marks or serial number, was brought illegally into Spain, or has been altered (Art. 564.2 CP). There is also a specific reduction: Art. 565 CP allows the penalty to be lowered by one degree where the circumstances show there was no intention of using the weapon unlawfully. Neither firing nor threatening anyone is required: availability of the weapon is enough.
What to do (and what not to do) before making a statement
- Do not make a statement without meeting your lawyer first. Arts. 118 and 520 LECrim grant the right to remain silent, not to incriminate yourself and to a confidential meeting with your lawyer beforehand. Here the first statement fixes your account of who had the weapon available and why, and that nuance decides the legal classification.
- Gather every document relating to the weapon before the hearing. The ownership certificate even if expired, the licence, the purchase invoice, inheritance paperwork, shooting or hunting permits and any application filed with the Weapons Intervention office. An expired licence and an unlicensed weapon are not the same thing, either in criminal or in administrative terms.
- Do not handle, repair or dispose of the weapon or its parts. The ballistics laboratory's operability report is the central piece of evidence: it establishes whether the weapon fires, whether it is a blank-firing or deactivated model, and whether it has been altered. Tampering with it after the seizure destroys the strongest line of defence and creates an evidentiary problem of its own.
- Ask your lawyer to review how the search was carried out. In most of these proceedings the weapon turns up during a vehicle or home search. If the search was carried out without valid consent, without judicial authorisation where it was required, or without the safeguards of Art. 569 LECrim, a finding of nullity can carry away the seizure and with it the whole prosecution case.
- Do not explain the weapon over WhatsApp or on social media. Messages discussing the object, its origin or its use are later produced in the proceedings and are the usual way the Art. 565 CP reduction is lost: they evidence precisely the intended use that the provision requires to be ruled out.
Specialist Defence in Illegal Weapons Possession
The crime of Illegal Possession of Weapons (Articles 563 et seq. of the Criminal Code) punishes the possession of prohibited weapons or regulated weapons without the necessary licences. It is a crime of "abstract danger," meaning it is not necessary to have fired or threatened anyone to be convicted; the mere fact of having the weapon under your control poses a risk to public safety that the Criminal Code punishes, often with prison sentences. For prohibited weapons (Art. 563), Constitutional Court judgment STC 24/2004 also requires the weapon to have special harmful potential and to be held in especially dangerous circumstances.
However, the line separating the crime from a mere administrative infraction (Citizen Security Law) is often blurred. Is carrying a knife in the car a crime? What about pepper spray? At Alonso Sala, we are experts in differentiating these behaviours to prevent an economic sanction from turning into a criminal conviction and record.
Prohibited Weapons (Art. 563 CP)
Possession of prohibited weapons is the most serious form. It refers to weapons that, due to their special dangerousness, cannot be owned by civilians in any case. Possession can be a crime (penalty of 1 to 3 years, Art. 563 CP), but only if the weapon has special harmful potential and is held in circumstances especially dangerous for public safety (Constitutional Court judgment STC 24/2004); otherwise the administrative route applies. Common examples:
- Modified Firearms: Sawed-off shotguns or converted pistols.
- Switchblades: Those whose blade is propelled by a spring.
- Sword-canes: Canes hiding a dagger inside.
- Brass Knuckles: Metal or fibers for striking with the fist.
- Stun Guns: prohibited for private individuals; only specially authorised officials may hold them (Art. 5.1.j of the Weapons Regulation).
Criminal vs. Administrative Border
Not all irregular possession is a crime. If you own a regulated weapon (e.g., a hunting shotgun) but your licence has expired, it is usually an administrative infraction, not a crime. The Supreme Court requires possession to be suitable to cause a serious risk.
Our defence focuses on proving lack of harmfulness (e.g., the weapon was broken, rusty, or without ammunition) and the context (carrying a hunting knife while camping is not the same as in a nightclub). Many police reports for crimes end up being dismissed or lowered to administrative fines thanks to precise technical defence.
Possession of Regulated Weapons without Licence (Art. 564 CP)
Refers to weapons that ARE legal (pistols, revolvers, rifles) but the holder possesses without the corresponding ownership guide or licence.
- Handguns: Penalty is 1 to 2 years in prison.
- Long Guns: Penalty is 6 months to 1 year.
This is frequent in cases of inheritance (finding grandfather's pistol) or holders whose licence was revoked and did not deposit the weapon. In these cases, the absence of "mens rea" (criminal intent) is the key to defence.
Integral Defence Strategy
At Alonso Sala, we combat the accusation from three fronts:
- Ballistic Report: We request examination of the weapon by experts. If the weapon does not work or has been irreversibly deactivated, it is not a "weapon" for criminal purposes, so there is no crime.
- Search Nullity (Fruit of the poisonous tree): If the weapon was found in a search of your car or home conducted without a court order and without prior "rational indications," we request the nullity of the evidence. If the search is void, the weapon "does not exist" for the trial.
- Mistake of Law: Very common with stun guns or sprays bought legally in other countries (like France or Andorra) but prohibited in Spain. We defend that the citizen acted believing their conduct was legal.
"Weapons possession is a risk crime, but not every risk is a crime. If the weapon does not work or possession is innocuous, Criminal Law should not intervene."
Types of Weapons and Crimes
Firearms
Defence in crimes of Art. 563 and 564 CP. Possession without licence, prohibited and modified weapons.
Prohibited Bladed Weapons
Switchblades, double-edged daggers, and camouflaged weapons. Distinction between crime and administrative infraction.
Stun Guns (Tasers)
Possession of non-approved stun guns and prohibited pepper sprays.
Weapons Stockpiling
Serious accusations for manufacturing, trafficking, or stockpiling weapons and war ammunition.
Illegal Weapons Possession in Spain: Arts. 563-568 CP — Defence Guide
Weapons offences in Spain are governed by Articles 563 through 568 of the Criminal Code and the Weapons Regulations (Royal Decree 137/1993). Penalties vary dramatically depending on the weapon category — from fines for minor regulatory infractions to up to 10 years' imprisonment for stockpiling or trafficking weapons of war (Art. 566 CP). The classification of the weapon and the existence of a valid licence are the two decisive factors in every case.
Penalty Table: Weapons Offences
| Offence | Article | Penalty |
|---|---|---|
| Handguns (pistols) without licence | Art. 564.1.1° | 1 – 2 years |
| Long guns (rifles, shotguns) without licence | Art. 564.1.2° | 6 months – 1 year |
| Firearms without licence and with no marks or serial number, brought in illegally or altered | Art. 564.2 | 2 – 3 years (handguns) · 1 – 2 years (long guns) |
| Prohibited weapons / substantially modified weapons | Art. 563 | 1 – 3 years |
| Stockpiling, manufacturing or dealing in regulated firearms (stockpile: five or more, Art. 567.3) | Art. 566.1.2° | 2 – 4 years (promoters) · 6 months – 2 years (cooperators) |
| Stockpiling weapons of war (a single one is enough, Art. 567.1) | Art. 566.1.1° | 5 – 10 years (promoters) · 3 – 5 years (cooperators) |
| Trafficking in weapons of war or defence weapons | Art. 566.1.3° | 5 – 10 years (promoters) · 3 – 5 years (cooperators) |
| Explosive, flammable, incendiary or asphyxiating substances | Art. 568.1 | 4 – 8 years (promoters) · 3 – 5 years (cooperators) |
Core Defence Strategies
Weapon Classification Challenge
The difference between a 'prohibited weapon' (Art. 563, 1-3 years) and a 'regulated weapon without licence' (Art. 564, 6 months-2 years) can halve the sentence. Expert ballistic assessment is critical to reclassify the weapon.
Licensing & Regulatory Defence
Expired licences, pending renewal applications, or inherited weapons without updated paperwork can negate criminal intent. We prove the administrative nature of the situation to avoid criminal prosecution.
Lack of Criminal Intent (Dolo)
Possessing an inherited, inoperative, or decorative weapon without knowledge of its illegality can constitute an absence of criminal intent — the essential element for conviction under Arts. 563-564 CP.
Chain of Custody & Search Legality
Weapons seized during illegal searches, without warrant, or with broken chain of custody are inadmissible evidence. We challenge every procedural irregularity and seek the exclusion of unlawfully obtained evidence.
Illegal Weapons Possession Defence
Illegal weapons possession (Arts. 563-570 CP) covers a vast range of conduct. The border between administrative infraction and crime is the most profitable defence point.
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