What is the penalty for illegal possession of weapons?
The illegal 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 is a prohibited weapon, a modified weapon or a regulated weapon without a license.
This is not a simple administrative sanction: it is a serious crime that can leave a criminal record and affect the personal and professional life of the accused.
What is considered illegal possession of weapons?
The crime is configured in three main scenarios:
- Prohibited or unauthorized modified weapons.
- Regulation weapons without a valid license or permit.
- Firearms with substantially altered characteristics.
In all these cases, we are talking about a criminal offense with a risk of conviction and a criminal record.
What does Article 563 of the Penal Code say?
Article 563 punishes with imprisonment of 1 to 3 years the possession of:
- Prohibited weapons.
- Standard weapons substantially modified with respect to their manufacturing characteristics.
This precept seeks to guarantee public safety, penalizing even the mere possession of the weapon, even if it is not used.
Penalties according to the type of weapon
- Short arms (pistols, revolvers): 1 to 2 years in prison.
- Long guns (shotguns, rifles): imprisonment from 6 months to 1 year.
- Prohibited or modified weapons: imprisonment of 1 to 3 years, in accordance with article 563.
Difference between legal and illegal possession of weapons
- Legal possession: owning regulated firearms with the corresponding licenses.
- Illegal possession: possessing prohibited or modified weapons, or lacking a license for regulated weapons.
The difference is clear: illegal possession implies criminal liability and a criminal record, while legal possession is protected by current regulations.
What should I do if I am accused of illegal possession of weapons?
If you receive an accusation for this crime, the best course of action is:
- Do not make statements without legal advice.
- Get in touch immediately with a specialized criminal lawyer.
- Gather all documentation and evidence that proves the legality of possession or your lack of responsibility.
- Analyze possible procedural errors in the investigation or seizure of the weapons.
Illegal possession of weapons is not a simple administrative error, but a serious crime that can lead to imprisonment and a criminal record. Depending on the weapon, the penalties range from 6 months to 3 years.
At Nieto Enríquez Criminal Lawyers , a criminal law firm in Barcelona , we offer you a solid, expert and personalized defense in cases of illegal possession of weapons, guaranteeing comprehensive and humane advice in any criminal proceedings.
