Liability for illegal carrying, storage, acquisition, transfer or sale of firearms in Ukraine – Article 263 of the Criminal Code of Ukraine

Among a significant number of problems that today activate civic activism and public opinion, one of the key places is the problem of protection against criminal encroachments, as well as the use and possession of weapons as a means of self-defense. In this article, we will talk about responsibility for illegal carrying, storage, acquisition, transfer or sale of firearms in Ukraine, which occurs under Article 263 of the Criminal Code of Ukraine. Protecting the interests of clients according to this article is one of the activities of PRIKHODKO&PARTNERS.

What is the punishment under Article 263 of the Criminal Code of Ukraine?

The current legislation of Ukraine clearly regulates the procedure for obtaining permits for the storage and further use of weapons. If these requirements were violated or the weapon was used to cause harm to the interests of society, an individual, or the security of the state, legal consequences come into effect. Depending on the type and severity of the committed act, a person can be held not only administratively, but also criminally liable.

Article 263 of the Criminal Code of Ukraine states the following: illegal handling of weapons is subject to criminal liability. What is meant by illegal handling of weapons? This is the carrying of weapons, their sale, transfer, acquisition, storage. Hunting smoothbore weapons are an exception to the rules. Important: a ballistics examination is carried out to distinguish between criminal and administrative offences.

For illegal actions under Article 263 of the Criminal Code of Ukraine, a person faces imprisonment from 3 to 7 years. Separately, the Law distinguishes such a category as cold weapons: brass knuckles, Finnish knives, daggers. The offender is liable to one of the following punishments for committing illegal acts:

• Arrest for up to 6 months.
• Imprisonment for up to 3 years.
• Limitation of freedom up to 5 years.
• Community service up to 240 hours.
• A fine of up to 4,000 NMDH.

Important: if a person, in the event of a criminal offense, voluntarily surrenders a weapon to law enforcement agencies, the citizen is released from criminal liability.

Services of a lawyer under Article 263 of the Criminal Code of Ukraine

If you or your loved ones are accused under Article 263 of the Criminal Code of Ukraine, you must enlist the support of a lawyer. Prior to the professional consideration of the case by PRIKHODKO&PARTNERS specialists, you should not give any demonstrations or sign a sincere acknowledgment. This does not contradict the current legislation. According to the articles of the Basic Law, i.e., the Constitution, every person can refuse to testify both about himself and about his close relatives. It is advisable to testify only after a conversation with a lawyer and coordination of all actions. Based on the situation, we will be able to propose and practically implement the most effective action algorithm. The main key to our success is an individual approach to each situation.

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