Criminal Lawyers in Illegal Weapons Possession Defense
Technical defense against accusations of firearm and prohibited weapon possession. We distinguish between administrative infraction and crime
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Specialist Defense 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 licenses. 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.
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 behaviors 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. Simple possession is already a crime (penalty of 1 to 3 years). 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.
- Non-approved Stun Guns: Tasers acquired illegally or without official authorization.
Criminal vs. Administrative Border
Not all irregular possession is a crime. If you own a regulated weapon (e.g., a hunting shotgun) but your license 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 defense 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 defense.
Possession of Regulated Weapons without License (Art. 564 CP)
Refers to weapons that ARE legal (pistols, revolvers, rifles) but the holder possesses without the corresponding ownership guide or license.
- 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 license was revoked and did not deposit the weapon. In these cases, the absence of "mens rea" (criminal intent) is the key to defense.
Integral Defense 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
Defense in crimes of Art. 563 and 564 CP. Possession without license, 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 — Defense Guide
Weapons offenses 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 6 years' imprisonment for war weapons. The classification of the weapon and the existence of a valid license are the two decisive factors in every case.
Penalty Table: Weapons Offenses
| Offense | Article | Penalty |
|---|---|---|
| Regulated firearms without license | Art. 564 | 1 – 2 years |
| Short firearms (pistols) without license | Art. 564.1.1° | 1 – 2 years |
| Long firearms (rifles) without license | Art. 564.1.2° | 6 months – 1 year |
| Prohibited weapons / modified weapons | Art. 563 | 1 – 3 years |
| War weapons possession | Art. 566 | 3 – 6 years |
| Manufacturing without authorization | Art. 568 | 1 – 3 years |
| Weapons trafficking | Art. 566.1 | 5 – 10 years |
| Weapons stockpiling (depósito) | Art. 566.1 | 5 – 10 years |
Core Defense Strategies
Weapon Classification Challenge
The difference between a 'prohibited weapon' (Art. 563, 1-3 years) and a 'regulated weapon without license' (Art. 564, 6 months-2 years) can halve the sentence. Expert ballistic assessment is critical to reclassify the weapon.
Licensing & Regulatory Defense
Expired licenses, 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 to secure acquittal or exclusion of evidence.
Illegal Weapons Possession Defense
Illegal weapons possession (Arts. 563-571 CP) covers a vast range of conduct. The border between administrative infraction and crime is the most profitable defense point.
Looking for a Illegal Weapons Possession Defense Lawyer in Spain?
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