Unlicensed Firearm Possession and Carrying in Turkey: Penalties Under Law No. 6136 Article 13, Deferral and Defense

An old hunting rifle at home, an unlicensed pistol inherited from a relative, a firearm found in a vehicle, or a weapon whose license has expired: these cases look different, but they raise the same question. Is unlicensed firearm possession or carrying a crime in Turkey, and what is the penalty? The offense is regulated in Article 13 of Law No. 6136 on Firearms, Knives and Other Instruments.

Law No. 7533 of 21 November 2024 changed the offense significantly: the lower limit rose, the main parts of a firearm (barrel, slide, frame and similar) were brought into scope, and the conversion of blank-firing guns was addressed separately. This guide covers the current penalties, how a single firearm kept at home is treated, whether deferral of the verdict or suspension of the sentence is possible, and what to do first in an investigation.

1. Which Acts Are Criminal? Scope and Definitions

Law No. 6136 applies to the importation, manufacture, sale, purchase, carrying or possession of firearms, their ammunition and the main or ballistically significant parts such as the barrel, slide, body, frame, cylinder, bolt head, ejector, claw and firing pin (Article 1). The reference to parts was added by Law No. 7533.

Under Article 13, anyone who, contrary to the Law, buys, carries or possesses such firearms, ammunition or parts is punished. The same paragraph covers blank or gas cartridge firing guns that have been converted into weapons subject to the Law.

Carrying and possession differ: carrying means having the firearm on your person or in your vehicle, while possession means keeping it under your control at home, at the workplace or elsewhere. The penalty depends less on this distinction than on the number and nature of the firearms and the place where they are kept.

2. Current Penalties: Article 13 Paragraph by Paragraph

Under the current text of Article 13 the penalties are:

• General case (Art. 13/1): imprisonment from 2 to 4 years and a judicial fine of 100 to 500 days. Before the 2024 amendment the lower limit was one year.
• Aggravated case (Art. 13/2): where the firearm is a rifle, a fully automatic weapon, or a pistol fitted with a scope, silencer or target-marking device, or where the number or nature of the firearms, ammunition or parts is serious, imprisonment from 5 to 8 years and a judicial fine of 500 to 5,000 days.
• A single firearm at home or workplace (Art. 13/3): where there is one firearm and a customary amount of ammunition kept at home or at the workplace, imprisonment from 1 to 3 years and a judicial fine of 100 to 500 days.
• Very small quantities of ammunition or parts (Art. 13/4): where the court does not regard possessing or carrying a very small number as serious, up to 6 months' imprisonment and a judicial fine of 30 to 500 days.

Trade, forwarding and transport offenses fall under Article 12, not Article 13: moving a firearm from one place to another within the country, selling it or brokering a sale, or keeping it for that purpose, carries 5 to 12 years' imprisonment. Whether the act falls under Article 12 or Article 13 changes the lower limit fivefold, so this classification is the first issue in any defense.

3. License, Expiry, Transfer and Relocation: Crime or Administrative Fine?

For licensed firearm owners an important distinction applies: some violations carry an administrative fine rather than criminal liability.

• License term: Carrying and possession licenses are valid for five years. Licenses that are not renewed within six months after expiry are cancelled (Art. 6). Whether continued possession after cancellation is criminal depends on the facts.
• Breaches of licensing and transfer duties: Where possession or carrying results from a breach of the duties in the Law during licensing or renewal after death, health status, conviction, confiscation, purchase or transfer, an administrative fine of TRY 10,000 to TRY 25,000 is imposed (Art. 13/5), by the local administrative authority.
• Relocation permit: Moving a licensed firearm to a new home or workplace without a relocation permit carries a fine in the same range.
• Handing the firearm to others: A license holder may not sell the firearm to anyone without an official license or hand it over even temporarily (Art. 9); both parties may face liability.

The amounts in the statute change from time to time, so have the current figures checked for your file.

4. Carrying and Possession Are Continuing Offenses

In the case law of the Court of Cassation, unlicensed carrying or possession of a firearm is treated as a continuing offense. In practice this means that the offense continues for as long as the firearm is held, and that the continuing-offense (chain) provisions are not applied to repeated possession of the same firearm.

The 8th Criminal Chamber restated this in the decision below. That decision concerns firearm sales; however, in its reasoning the Chamber also describes the nature of the carrying and possession offenses in Article 13.

Continuity also matters for the starting point of limitation periods and the determination of the offense date. A defense should examine since when the firearm has been under the defendant's control and which version of the statute (before or after 2024) applies, because the commencement date can change the applicable lower limit.

5. The Investigation: Detention, Search and Confiscation

Unlicensed firearm cases mostly arise during a search, a traffic stop or another investigation. The first days shape the file:

• Seized firearms and ammunition are recorded in a report and sent for expert examination. The expert report determines whether the firearm falls within the Law, the quantity of ammunition and whether the weapon is operational. For blank-firing, air-pressure or antique weapons, the exact nature of the weapon directly affects the penalty.
• The lawfulness of the search and seizure must be reviewed separately; unlawfully obtained evidence cannot be used.
• Confiscation: Firearms confiscated by court order or seized by security forces are handed to the Ministry of National Defense against a record (Art. 10).
• Statements: You have the right to request a lawyer before giving a statement to the police or the prosecutor. Statements about from whom, when and for what purpose the firearm was obtained can directly affect whether the case is classified as aggravated or as trade under Article 12.

6. Deferral of the Verdict, Suspension and Alternative Sanctions

The length of the sentence determines the outcome in most cases:

• Deferral of the announcement of the verdict (HAGB): Under Article 231/5 of the Criminal Procedure Code, if the sentence is two years or less of imprisonment, or a judicial fine, the court may defer the announcement of the verdict. The defendant must not have been previously convicted of an intentional crime, the court must be satisfied that the defendant will not reoffend, and any damage must be fully compensated. Confiscation rules remain applicable, so the firearm may still be confiscated. The current supervision period is five years.
• Suspension: Under Article 51 of the Turkish Penal Code, a prison sentence of two years or less may be suspended (three years for persons under 18 or over 65 at the time of the act). A prior intentional conviction of more than three months' imprisonment excludes suspension.
• A single firearm at home: Within the 1-3 year range of Art. 13/3, a sentence near the lower limit or discretionary reductions can bring the sentence to two years or less, which opens the door to deferral and suspension.
• General case (2-4 years): Because the lower limit is two years, deferral and suspension for offenses committed after 2024 generally require reduction grounds. Describing the person's character, remorse and the nature of the firearm in detail becomes important.

A conviction also affects your ability to obtain a firearm license in the future: persons convicted of crimes committed with a firearm, and persons sentenced to more than one year of imprisonment, cannot be granted carrying or possession permits until the specified period after completion of the sentence has passed (Art. 7).

7. Children Gaining Access to a Firearm: The New Article 13/A

Article 13/A, added to Law No. 6136 by Law No. 7593 of 8 August 2026, matters for licensed owners as well: a person who stores a firearm in breach of the duty of care and thereby allows a child to obtain it is punished with 1 to 3 years' imprisonment, unless the act constitutes a more serious offense.

For anyone keeping a firearm at home, storing it in a locked cabinet and separately from ammunition is no longer just a recommendation; it directly affects criminal liability.

8. Defense Strategy: What Is Examined?

Every file is different, but the typical defense issues in unlicensed firearm cases are:

• Nature of the firearm: Is it a firearm within the Law, or a blank-firing, air-pressure or antique weapon? The expert report is the critical evidence.
• Actual control: Does the firearm belong to the defendant? Where it was found in a shared home or vehicle, ownership must be proven separately.
• Article 12 or Article 13? Transport, forwarding or sale purposes change the classification; the defense relies on concrete facts showing mere possession.
• Seriousness: Whether the number or nature of the items is serious determines whether the penalty is 2-4 years or 5-8 years.
• Status of the license: If the license has expired, a renewal application was filed or a succession is pending, the act may fall within administrative fines instead of criminal liability.
• Unlawful evidence: The search warrant, search report and seizure steps are reviewed for compliance.

🧮 Related tool: You can estimate how much of a sentence is actually served in prison with our sentence execution (yatar) calculator.

Frequently Asked Questions

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