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The penalty for unlicensed firearms, as a term, refers to the sanctions provided for acts such as possessing, carrying and purchasing firearms, knives or ammunition in violation of Law No. 6136. The offence of possessing, purchasing or carrying an unlicensed firearm, knife or ammunition is governed by Law No. 6136 on Firearms, Knives and Other Instruments. In this article, we examine the offence of violating Law No. 6136, the acts that constitute an offence and the penalties provided for in the Law.
Under this Law, carrying out any one of the acts of possession, carrying or purchase is sufficient for the offence to be complete; in other words, once any of these acts has been carried out, the act constituting the offence is deemed complete. It is not additionally required that any harm be caused or any benefit obtained with the firearm, knife or ammunition carried.
Violating this Law, that is, engaging in conduct contrary to it, is punishable in itself. Where harm is in any way caused with these weapons, punishment under one of the offences defined in the Turkish Criminal Code may arise.
The acts constituting an offence under Law No. 6136 are as follows;
Acts constituting an offence under Law No. 6136
| Madde | Act |
|---|---|
| Article 12 | Bringing firearms and their ammunition into the country, attempting to do so, or acting as an intermediary in bringing them into the country |
| Article 13 | Possessing an unlicensed firearm or ammunition |
| Article 13 | Carrying an unlicensed firearm or ammunition |
| Article 13 | Purchasing an unlicensed firearm or ammunition |
| Article 13 | Carrying a firearm or other instruments licensed for possession |
| Article 13 | Selling, acting as an intermediary in the sale of, purchasing, carrying or possessing knives or other instruments or similar items (Article 15) |
| Article 14 | Bringing knives or other instruments or similar items into the country, attempting to do so, or acting as an intermediary in bringing them into the country, or manufacturing them in the country, or carrying or sending them from one place to another, or acting as an intermediary in carrying them |
These acts are defined in the Law as acts constituting an offence.
Article 12 of the Law governs acts relating to bringing firearms and ammunition into the country, manufacturing them in the country and their change of hands:
“Any person who brings into the country, or attempts to bring into the country, or acts as an intermediary in bringing into the country, firearms falling within the scope of this Law, their ammunition, or their principal or ballistically significant parts consisting of barrel, slide, body, frame, cylinder, bolt head, extractor, claw or firing pin, or manufactures them in the country otherwise than in accordance with the provisions of Law No. 5201 of 29/6/2004 on the Supervision of Industrial Establishments Producing War Vehicles and Equipment, Weapons, Ammunition and Explosives, or carries or sends from one place to another, or knowingly acts as an intermediary in carrying, sells or acts as an intermediary in selling, or possesses for this purpose firearms or ammunition, or principal or ballistically significant parts consisting of barrel, slide, body, frame, cylinder, bolt head, extractor, claw or firing pin, thus brought into or manufactured in the country, shall be punished with imprisonment from five to twelve years and a judicial fine from five hundred to five thousand days.
Where the offences set out in the first paragraph are committed jointly by two or more persons, other than in the case set out in the third paragraph, the offenders shall be sentenced to imprisonment from eight to fifteen years and a judicial fine from one thousand to ten thousand days.
Where the acts in the first paragraph are committed within the framework of the activities of an organisation established for the purpose of committing offences, the penalties to be imposed shall be doubled.
Where the firearm is a rifle or a fully automatic pistol capable of firing a large number of rounds effectively in a short time, or a pistol fitted with a scope, silencer or targeting device, or similar to those listed in this paragraph, or where firearms not having this nature or any kind of ammunition or principal or ballistically significant parts consisting of barrel, slide, body, frame, cylinder, bolt head, extractor, claw or firing pin are serious in terms of quantity, the penalties set out in the preceding paragraphs shall be imposed increased by one half. Where firearms of the nature specified in the fourth paragraph and similar items are serious in terms of quantity, the penalties set out in the first, second and third paragraphs shall be imposed doubled.
(Additional paragraph: 21/11/2024-7533/11 Art.) The act of converting a so-called blank-firing weapon capable of firing sound or gas cartridges or the like into a weapon subject to the provisions of this Law by altering its technical specifications shall be deemed manufacture carried out otherwise than in accordance with the provisions of Law No. 5201 and shall be punished in accordance with the provisions of this article. Where the converted weapon is not serious in terms of number and nature, the penalty to be imposed shall be reduced by one third to one half.”
Law No. 6136, Art. 12
With the provision added as the final paragraph of Article 12 of the Law, it has been laid down that the act of converting weapons commonly known as blank-firing guns into weapons capable of firing ammunition as specified in this Law, that is, making a weapon that could not fire ammunition capable of doing so, shall be punished in accordance with the provisions of this article. In other words, by reason of the act of converting a blank-firing gun, the offender may face imprisonment from 5 to 12 years.
Those carrying a converted weapon
However, persons carrying such a weapon may be punished not under this article of the Law but under the subsequent articles.
We have covered the general framework for organisations established for the purpose of committing offences in our article on the organisation offence in our article.
The penalty for possessing, carrying and purchasing unlicensed firearms is governed by Article 13 of the Law:
“Persons who, in violation of the provisions of this Law, purchase, carry or possess firearms, their ammunition, or their principal or ballistically significant parts consisting of barrel, slide, body, frame, cylinder, bolt head, extractor, claw or firing pin, or weapons which, while capable of firing sound or gas cartridges, have been converted into weapons subject to the provisions of this Law, shall be sentenced to imprisonment from two to four years and a judicial fine from one hundred to five hundred days.
Where the firearm is one of those listed in the fourth paragraph of Article 12 of this Law, or where the firearm, the ammunition or the principal or ballistically significant parts consisting of barrel, slide, body, frame, cylinder, bolt head, extractor, claw or firing pin are serious in terms of number or nature, a sentence of imprisonment from five to eight years and a judicial fine from five hundred to five thousand days shall be imposed.
Where there is a single firearm other than those listed in the fourth paragraph of Article 12 of this Law and it is kept, together with the customary amount of its ammunition or principal or ballistically significant parts consisting of barrel, slide, body, frame, cylinder, bolt head, extractor, claw or firing pin, at home or at the workplace, the penalty to be imposed is imprisonment from one to three years and a judicial fine from one hundred to five hundred days.
Where the court does not consider the possession or carrying of a very small quantity of ammunition for firearms or of their principal or ballistically significant parts consisting of barrel, slide, body, frame, cylinder, bolt head, extractor, claw or firing pin to be serious, the penalty to be imposed is imprisonment of up to six months and a judicial fine from thirty to five hundred days.
(Amended fifth paragraph: 21/11/2024-7533/12 Art.) Where the act of possession or carrying within the scope of this article is committed in breach of the obligations laid down in this Law in licensing or licence renewal procedures carried out by reason of death, health condition, conviction, confiscation, purchase or transfer, an administrative fine from ten thousand Turkish Lira to twenty-five thousand Turkish Lira shall be imposed.
(Additional paragraph: 21/11/2024-7533/12 Art.) An administrative fine from ten thousand Turkish Lira to twenty-five thousand Turkish Lira shall be imposed on those who, without obtaining a transfer permit, move a weapon for which a possession permit has been granted because of a change of residence or workplace.
(Additional paragraph: 21/11/2024-7533/12 Art.) The district governor or provincial governor is authorised to impose administrative fines under the provisions of this article.”
Law No. 6136, Art. 13
The first paragraph of Article 13 makes the acts of carrying, possessing and purchasing an offence and provides for imprisonment from 2 to 4 years and a judicial fine as the penalty. The act made an offence in this paragraph concerns carrying, possessing and purchasing an unlicensed firearm.
Note · Possession licence
Carrying on one’s person a firearm for which one holds a possession licence is sufficient for this offence to be committed, because a possession licence does not amount to a carry licence.
The 2nd paragraph of this article sets the penalty at imprisonment from 5 to 8 years and a judicial fine where the weapons are the customised or modified weapons specified in the 4th paragraph of Article 12, or where the firearm, ammunition or parts are serious in terms of number or nature.
The 3rd paragraph governs the penalty for keeping, without a licence, a single firearm other than those listed in the 4th paragraph of Article 12, together with the customary amount of its ammunition, at home or at the workplace, and sets the penalty at imprisonment from 1 to 3 years and a judicial fine.
Penalties under Law No. 6136, Art. 13 and Art. 13/A
| Provision | Durum | Penalty |
|---|---|---|
| Art. 13/1 | Purchasing, carrying or possessing a firearm, ammunition or parts | Imprisonment from two to four years and a judicial fine from one hundred to five hundred days |
| Art. 13/2 | Weapons in the fourth paragraph of Article 12, or seriousness in terms of number or nature | Imprisonment from five to eight years and a judicial fine from five hundred to five thousand days |
| Art. 13/3 | Keeping a single firearm and the customary amount of ammunition at home or at the workplace | Imprisonment from one to three years and a judicial fine from one hundred to five hundred days |
| Art. 13/4 | A very small quantity of ammunition or parts not considered serious | Imprisonment of up to six months and a judicial fine from thirty to five hundred days |
| Art. 13 (administrative) | Breach of licensing or licence renewal obligations; transfer without a transfer permit | Administrative fine from ten thousand Turkish Lira to twenty-five thousand Turkish Lira |
| Art. 13/A | Causing a child to gain possession of a firearm | Imprisonment from one to three years |
Article 13/A was added to this Law as a result of recent incidents.
“Article 13/A- (Added: 8/8/2026-7593/1 Art.) A person who, by keeping a firearm in breach of the duty of care and diligence, causes a child to gain possession of it shall be punished with imprisonment from one to three years, unless the act constitutes another offence requiring a heavier penalty.”
Law No. 6136, Art. 13/A
Looking at the provision, it expressly refers to firearms. In other words, this article of the Law does not treat knives contrary to this Law as instruments of the offence.
Secondly, it would not be wrong to say that the Law provides for a subjective duty of care and diligence, since it is clear that the manner and extent of the care and diligence required will be assessed according to the particular circumstances of each case.
Thirdly, the situation which this provision of the Law is designed to address, namely a child gaining possession of a firearm, must actually occur. For the purposes of criminal law, a child is defined as a person aged 0 to 18.
Example
To give an example, where a 17-year-old child takes a firearm, whether or not it is licensed for carrying, from an unlocked chest at home and has it in his or her possession, the person responsible for keeping the firearm secure will have committed this offence and will face imprisonment from 1 to 3 years.
Under Law No. 6136 and Article 2 of the Regulation on Firearms, Knives and Other Instruments, the weapons whose possession, carrying or purchase without a licence is an offence are as follows:
We have discussed matters that may arise in criminal proceedings, such as the summary proceedings procedure, deferral of the announcement of the verdict and limitation periods in criminal law , in separate articles.
Related page: Serious Crimes Lawyer in Ankara (Assize Court) — investigation, pre-trial detention, assize court trials and legal remedies
Related legislation: Law No. 6136 on Firearms, Knives and Other Instruments (mevzuat.gov.tr)
The offence of possessing, purchasing or carrying an unlicensed firearm, knife or ammunition is governed by Law No. 6136 on Firearms and Knives. Under Article 13 of the Law, those who purchase, carry or possess firearms, their ammunition or parts shall be sentenced to imprisonment from two to four years and a judicial fine from one hundred to five hundred days.
As a rule, it is imprisonment from two to four years and a judicial fine from one hundred to five hundred days. Where there is a single firearm, other than those listed in the fourth paragraph of Article 12, kept at home or at the workplace with the customary amount of ammunition, the penalty is imprisonment from one to three years and a judicial fine from one hundred to five hundred days.
The first paragraph of Article 13 makes the acts of carrying, possessing and purchasing an offence and provides for imprisonment from 2 to 4 years and a judicial fine as the penalty. Where the firearm is one of those listed in the fourth paragraph of Article 12, or is serious in terms of number or nature, the penalty is imprisonment from five to eight years and a judicial fine from five hundred to five thousand days.
Yes. Carrying on one’s person a firearm for which one holds a possession licence is sufficient for this offence to be committed, because a possession licence does not amount to a carry licence.
Yes. The offence is deemed complete once any of the acts of possession, carrying or purchase has been carried out; it is not additionally required that any harm be caused or any benefit obtained with the firearm, knife or ammunition. Where harm is caused with these weapons, punishment under one of the offences defined in the Turkish Criminal Code may arise.
Ammunition also falls within the scope of Article 13. Where the court does not consider the possession or carrying of a very small quantity of ammunition to be serious, the penalty to be imposed is imprisonment of up to six months and a judicial fine from thirty to five hundred days.
Converting a blank-firing gun into a weapon subject to the provisions of the Law by altering its technical specifications is punished under Article 12; the offender may face imprisonment from 5 to 12 years. Where the converted weapon is not serious in terms of number and nature, the penalty is reduced by one third to one half. Persons carrying such a weapon may be punished under the subsequent articles.
Yes. Under Article 13/A, a person who, by keeping a firearm in breach of the duty of care and diligence, causes a child to gain possession of it shall be sentenced to imprisonment from one to three years, unless the act constitutes another offence requiring a heavier penalty. For the purposes of criminal law, a child is defined as a person aged 0 to 18.
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