How much is the penalty for unlawful possession of weapons?

The unlawful possession of weapons is a crime regulated in the Spanish Penal Code and can be punished with prison sentences ranging from 6 months to 3 years, depending on the type of weapon and whether it involves prohibited, modified, or regulated weapons without a license.

It is not a simple administrative sanction: it is a serious crime that can result in a criminal record and affect the personal and professional life of the accused.

What is considered unlawful possession of weapons?

The crime is defined under three main circumstances:

• Prohibited or modified weapons without authorization.
• Regulated weapons without valid licenses or permits.
• Firearms with substantially altered characteristics.

In all these cases, it is a criminal offense with the risk of conviction and a criminal record.

What does Article 563 of the Penal Code say?

Article 563 punishes with imprisonment from 1 to 3 years the possession of:

• Prohibited weapons.
• Regulated weapons substantially modified from their original manufacturing characteristics.

This provision seeks to guarantee public safety, penalizing even simple possession, even if the weapon is never used.

Penalties depending on the type of weapon

• Short firearms (pistols, revolvers): imprisonment from 1 to 2 years.
• Long firearms (shotguns, rifles): imprisonment from 6 months to 1 year.
• Prohibited or modified weapons: imprisonment from 1 to 3 years, according to Article 563.

Difference between lawful and unlawful possession of weapons

• Lawful possession: having regulated firearms with the corresponding licenses.
• Unlawful possession: having prohibited or modified weapons, or lacking a license for regulated weapons.

The difference is clear: unlawful possession implies criminal liability and a record, while lawful possession is protected by current regulations.

What to do if I am accused of unlawful possession of weapons?

If you receive an accusation for this crime, the most advisable steps are:

• Do not make a statement without legal advice.
• Contact a specialized criminal defense lawyer immediately.
• Gather all documentation and evidence proving the legality of your possession or your lack of responsibility.
• Analyze possible procedural errors in the investigation or seizure of the weapons.

Unlawful possession of weapons is not a simple administrative mistake but a serious crime that can lead to imprisonment and a criminal record. Depending on the weapon, sentences range from 6 months to 3 years.

At Nieto Enríquez Criminal Lawyers, a criminal law firm in Barcelona, we offer solid, expert, and personalized defense in cases of unlawful possession of weapons, guaranteeing comprehensive and humane advice in any criminal proceeding.