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Article 564 of the Spanish Criminal Code: unlawful possession of regulated firearms
Quick answerArticle 564 punishes possession of regulated firearms without the necessary licences or permits, with one to two years of imprisonment for short firearms and six months to one year for long firearms. Sentences rise to two to three years and one to two years respectively where the weapon has no markings or serial number, was unlawfully brought into Spain, or has been modified.
The provision creates an offence of abstract danger whose protected interest is collective safety against the risk inherent in the uncontrolled availability of firearms. Its interpretation requires reference to the Firearms Regulation, approved by Royal Decree 137/1993 of 29 January, which defines the categories of regulated weapons and the licensing regime, so that this is a blanket criminal provision. Case law has refined its contours by requiring the weapon to be capable of firing and the possessor to have effective availability of it.
Also cited as: article 564 Spanish Criminal Code · art. 564 CP · Spanish Penal Code article 564 · artículo 564 del Código Penal.
Wording of the provision
1. Possession of regulated firearms without the necessary licences or permits shall be punished:
1. With one to two years of imprisonment, in the case of short firearms.
2. With six months to one year of imprisonment, in the case of long firearms.
2. The offences provided for in the preceding paragraph shall be punished, respectively, with two to three years and one to two years of imprisonment, where any of the following circumstances is present:
1. That the weapons lack manufacturer’s markings or a serial number, or have them altered or erased.
2. That they have been unlawfully brought into Spanish territory.
3. That they have been modified, altering their original characteristics.
Consolidated text published by the Spanish Official State Gazette, Organic Act 10/1995 of 23 November, the Criminal Code. Unofficial English rendering; the Spanish text is the authentic one.
Sentencing range. One to two years of imprisonment for short firearms and six months to one year for long firearms. In the aggravated forms, two to three years and one to two years of imprisonment respectively.
Key facts
| Location | Book II, title XXII, chapter V, section one of the Criminal Code |
|---|---|
| Protected interest | Collective safety against the risk of uncontrolled possession of weapons |
| Nature | Offence of abstract danger and of mere conduct, continuing in character |
| External norm | Firearms Regulation, Royal Decree 137/1993 of 29 January |
| Statutory distinction | Short firearms as against long firearms, with separate sentencing ranges |
| Aggravated forms | Absent or altered markings or serial number, unlawful importation, and modification |
| Wording | Original text of Organic Act 10/1995, unamended since |
Elements and scope
- The regulated character of the weapon under the Firearms Regulation, which excludes weapons of war, punished under article 566, and objects that do not qualify as firearms.
- The weapon’s capacity to fire, a requirement consistently imposed by case law and calling for an expert report on its functioning.
- Possession, understood as effective availability of the weapon, which does not require immediate physical holding but does require a real power of disposal over it.
- Absence of the required licence or permit, as well as of the ownership certificate, whose expiry is not without more equivalent to the absence of authorisation.
- Intent, consisting in knowledge of possession of the weapon and of the lack of administrative cover, which opens the route of mistake under article 14.
Points of application
Requirement of capacity to fire. The Second Chamber of the Supreme Court repeatedly holds that a weapon that is unserviceable or incapable of firing does not satisfy the offence, for want of the danger that underpins criminalisation. The Civil Guard’s expert report on the weapon’s functioning is indispensable evidence.
Expired licence and absence of licence. Case law distinguishes between a person who never obtained authorisation and one who allowed it to lapse. In the latter case, depending on the circumstances, courts have found the conduct not punishable or of lesser gravity, particularly where the weapon was duly registered and kept secure.
Joint possession. Finding a weapon in a shared dwelling does not by itself establish authorship. Individual availability must be proven and cannot be presumed from cohabitation alone.
Concurrence with other offences. Unlawful possession concurs in real concurrence with offences committed using the weapon, unless the aggravation for its use has already been taken into account, in which case the rule against double punishment must be examined.
Continuing offence and limitation. As a continuing offence, the limitation period does not begin until the unlawful situation ceases, that is, until the weapon is seized or voluntarily surrendered.
Defence strategy
Challenge the expert report on functioning. Showing that the weapon was incapable of firing, through deterioration, missing essential parts or deactivation, leads to acquittal. A counter-expert report should be sought where the official report is cursory.
Dispute effective availability. Where the weapon is found in a shared dwelling or vehicle, the defence should focus on the absence of individual power of disposal over it.
Establish administrative authorisation. Producing the licence, the ownership certificate or a pending renewal file may exclude the offence or found a mistake of law.
Rely on mistake under article 14. A belief that the weapon was covered, inherited family weapons and lack of information about expiry are situations in which case law has found mistake, whether avoidable or unavoidable.
Attack the aggravated form. Aggravation for modification requires expert proof of alteration of the original characteristics; that for unlawful importation requires proof of foreign origin and absence of customs clearance.
Defence in this area
If you or your company are facing proceedings in this area, the firm provides defence and prosecution in Alicante and Madrid, with 24-hour assistance to detained persons.
Are you under investigation or facing charges in Spain? Société Juridique acts for foreign nationals throughout Spain, with offices in Alicante and Madrid and a 24-hour custody line. +34 669 30 21 13 or enquire online.
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This page is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the case and requires review of the file by a lawyer. The English rendering of the legal text is unofficial.
Last reviewed: 21 September 2026.
Frequently asked questions
What sentence applies for holding a firearm without a licence?
One to two years of imprisonment for a short firearm and six months to one year for a long one. The aggravated forms raise the sentences to two to three years and one to two years respectively.
Is it an offence if the weapon does not fire?
No. Case law consistently requires the weapon to be capable of firing, as this underpins the danger justifying criminalisation. The expert report is decisive.
What if the licence has expired?
The situation is not without more equivalent to having no licence. Depending on the circumstances, and in particular where the weapon was registered and kept secure, courts have found the conduct not punishable or of lesser gravity.
What if the weapon is found in a shared home?
The finding does not by itself establish authorship. The prosecution must prove effective and individual availability of the weapon; cohabitation is not enough.
Can the sentence be suspended?
In the basic offence yes, since it does not exceed two years, provided the requirements of article 80 are met. In the aggravated form for short firearms the minimum is two years, which still allows suspension if that limit is not exceeded.
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