Possession of a prohibited weapon and a weapon resulting from a fundamental change in the specifications of the controlled weapon is punishable by imprisonment from one to three years. This is stipulated in the penal Code Spanish.
In this article we will leave you with all the information that you should consider when a crime of illicit possession of weapons.
Where is the illegal possession of weapons regulated?
The principles that define conduct punishable as the crime of illegal possession of weapons are the following:
To know how to deal with illegal possession of weapons, Watch the Article 3 of the Penal Code, Title XXII (Crimes against Public Order), Chapter V (Crimes of Possession, Trafficking and Possession of Weapons, Gas, Ammunition and Explosives), 563-570.
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The penalty is imprisonment of four to eight years, in the case of promotion and organization, and imprisonment of three to five years for those who cooperate in the organization. It is located in the article 568 of the Penal Code
Are the terms prohibited weapons and illegal possession of weapons the same?
«Weapons prohibited" and "illegal possession of weapons "fire" appear to be synonymous terms, but cannot be used as such.
“Weapons “Prohibited” means weapons that are prohibited by the legal system of any country. “Illegal possession of weapons”: Possession of a firearm is not necessarily prohibited by the legal system, but it is not permitted.
How do we know which weapons are prohibited in our legal system?
To know if the weapons fire are prohibited in Spain, it is advisable to pay attention to the safety regulations. weapons, by Royal Decree 137/1993, of January 29, and its subsequent modifications.
What are the penalties for this crime depending on the type of weapon used?
Based on the literal nature of the article 564 of the Penal Code, we will know that the penalty for this illegal act will be different depending on the type of weapon we have.
Therefore, the following must be taken into account:
1- Possession of a specific firearm without the necessary license or permit will be punished with the following:
2. Prison of one to two years in the case of weapons little. 2. Imprisonment of six months to one year for use of a long weapon.
3 – The crimes indicated in the previous number will be punished with imprisonment of two to three years and one to two years, if any of the following cases occur:
4. The gun has no mark or number, it has been altered or erased.
5. That they were illegally introduced into Spanish territory.
6. Has been modified or changed its original characteristics. This is stipulated in the article 564 of the Penal Code.
Can it be reduced for a crime that stops illegal weapons?
He article 565 of the Penal Code clarifies that it provided that this punishing behavior was not implemented for illegal purposes.
Judges or courts may reduce the sanctions specified in the previous articles, provided that the actual circumstances and the guilty party, the lack of intention to use the weapons for illegal purposes is evident.
Can punishment orders be heavier for an illegal weapon with a crime?
Hypotheses in which conventional sanctions may be more serious due to weapons illegal taking into account the details of the 566 parts as follows:
1. Persons who produce, sell or establish warehouses of weapons or ammunition are not authorized by law or the competent authorities to be punished:
2. In the case of weapons or ammunition or chemicals, biology, nuclear mining or anti-employee or anti-employee, with prison sentences of five to ten years.
Promoters and organizers, and with imprisonment of three to five years of collaboration with their training.
If it is regulated by weapons or ammunition, with a prison sentence of two to four years, promoters and organizers, and with a prison sentence of six months to two years who cooperates with the training course.
3. With the same sanctions, the trade of weapons or munitions of war or defense, or weapons chemical, biological and nuclear or coal mine or mine against people or ammunition.
4. The level of the previous section will apply to the developers or use of chemical, biological, nuclear products against people or munitions, or initiate military preparations for their use or not destroy.
With the violation of international treaties or agreements, in which Spain is aside. This is found established in the article 566 of the Penal Code.