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.
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.
| 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 |
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.
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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.
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.
No. Case law consistently requires the weapon to be capable of firing, as this underpins the danger justifying criminalisation. The expert report is decisive.
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.
The finding does not by itself establish authorship. The prosecution must prove effective and individual availability of the weapon; cohabitation is not enough.
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.