Criminal Defense Lawyers in Firearms Possession
Criminal defense for illegal possession of handguns, shotguns, and war weapons.
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Defense in Illegal Firearms Possession (Art. 564 CP)
Offense Type
Illegal firearms possession is a serious crime punishing the possession of regulated weapons without the necessary license or permit. The Criminal Code distinguishes between short arms (pistols, revolvers) and long arms (shotguns, rifles), punishing the former more severely due to their ease of concealment and potential harm. An essential element of the type is that the weapon be functional: an inert or unusable weapon does not, in principle, complete the offence.
The base penalty ranges from 1 to 2 years in prison for long arms, and from 1 to 3 years for short arms. However, these penalties increase if the weapons have erased serial numbers or have been modified.
warning Common Aggravating Factors
The crime is aggravated (higher penalties) if:
- The weapon has an erased or altered serial number.
- The weapon has been substantially modified (sawn-off).
- Possession occurs in a public gathering or center.
Criminal Defense Lines
Our defensive approach focuses on attacking the elements of the criminal type:
- Lack of firing capability: If the weapon is rusty, missing parts, or non-functional, there is no crime (or it is an impossible attempt). A ballistic expert report is essential.
- Fleeting or circumstantial possession: Proving the weapon did not belong to the accused but was held momentarily.
- Nullity of the search: If the weapon was found in an illegal police search (without a warrant or probable cause), we will request the nullity of the evidence.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| Principal Penalty (Art. 564 CP) | Penalty established by the Criminal Code for this offence type. |
| Fines and Ancillary Penalties | Fines and special disqualification provided by the Criminal Code. |
| Civil Liability | Compensation to victims for damages and losses caused. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Our Defense Strategy
Ballistic Expert Report
Proving the weapon is non-functional or a blank/simulated weapon.
Evidence Nullity
Challenging the police search if fundamental rights were violated.
Lack of Intent
Proving lack of knowledge of the weapon's existence (e.g., shared car).
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.
Why Choose Us?
Need a criminal defense lawyer for this type of offense? Here's how we work:
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The judicial system is complex. We have the criminal-law specialisation and technical resources required to take on the defence.