Found weapons or ammunition: what you must not do to avoid up to 7 years in prison

Since the beginning of the full-scale invasion in Ukraine, there has been a significant increase in cases where citizens find weapons, ammunition, or other dangerous items. At the same time, not everyone knows that even the absence of intent to use such weapons does not exempt from criminal liability for illegal possession.

What can lead to criminal liability

The issue of illegal handling of weapons is regulated by Article 263 of the Criminal Code of Ukraine.

Criminal liability applies to illegal carrying, acquisition, possession, transfer, or sale of firearms, ammunition, explosives, or explosive devices if the person does not have the legally required permit.

At the same time, these provisions do not apply to smoothbore hunting weapons, which may legally be owned by citizens provided the appropriate permits are obtained.

A separate part of Article 263 of the Criminal Code of Ukraine establishes liability for illegal carrying, manufacturing, repair, or sale of cold weapons, including knuckle dusters, daggers, and other items specifically designed to injure a person.

What punishment threatens for illegal possession of firearms

Part one of Article 263 of the Criminal Code of Ukraine provides that illegal handling of firearms, ammunition, explosives, or explosive devices without the appropriate permit is punishable by imprisonment for a term of three to seven years.

Thus, the law does not allow limiting the punishment to only a fine for illegal possession of firearms.

If it concerns cold weapons, the sanction is less severe. Depending on the circumstances of the case, the court may impose:

• a fine of up to 68,000 UAH;
• community service;
• probation supervision;
• restriction of liberty;
• imprisonment for up to three years.

The Criminal Code separately establishes liability not only for illegal possession but also for manufacturing, modification, or repair of weapons. Such actions are provided for in Article 263-1 of the Criminal Code of Ukraine.

Illegal manufacturing, modification, or repair of firearms, as well as illegal manufacturing of ammunition, explosives, or explosive devices, is punishable by imprisonment for a term of three to seven years.

If such actions are committed repeatedly or by a group of persons by prior conspiracy, the maximum term of punishment may be up to ten years. For an organized group, the law provides for punishment of up to twelve years imprisonment.

When criminal liability can be avoided

The law provides for the possibility of exemption from criminal liability. A person will not be held liable for illegal handling of weapons if they voluntarily surrender firearms, ammunition, explosives, or explosive devices to authorized bodies.

Therefore, in case of finding weapons or ammunition, specialists recommend not leaving them at home or transporting them independently, but immediately notifying law enforcement agencies or the relevant military units.

Does martial law exempt from liability

The mere introduction of martial law does not automatically exempt a person from criminal liability for illegal possession of weapons.

Article 43 of the Criminal Code of Ukraine provides that criminal liability does not arise only in cases of use of weapons, ammunition, or explosives during repelling armed aggression against Ukraine and causing harm to persons participating in such aggression.

At the same time, this provision does not legalize illegal possession of weapons. This legal position was confirmed by the Criminal Cassation Court of the Supreme Court in case No. 607/18500/23.

Is a permit required for pneumatic weapons

The procedure for acquiring, possessing, and using pneumatic weapons in Ukraine is regulated not by a separate law but by a number of regulatory legal acts. The main ones are the Cabinet of Ministers of Ukraine Resolution No. 576 dated October 12, 1992 "On Approval of the Permit System Regulation" and the Instruction on the procedure for manufacturing, acquiring, possessing, accounting, transporting, and using weapons, approved by the Ministry of Internal Affairs Order No. 622 dated August 21, 1998. In case of violation of established rules, provisions of the Code of Ukraine on Administrative Offenses or the Criminal Code of Ukraine apply depending on the nature of the offense.

According to the Permit System Regulation and MIA Instruction No. 622, the permit system applies to pneumatic weapons that simultaneously meet two criteria:

• have a caliber over 4.5 mm;
• provide a bullet flight speed over 100 meters per second.

It is precisely for such pneumatic weapons that permit documents must be obtained in the manner prescribed by law.

If at least one of these characteristics is absent, such pneumatic weapons are not subject to the permit system. They may be purchased by adults without obtaining a permit, provided other legal requirements regarding their use and circulation are observed.

Recall that "Judicial and Legal Newspaper" wrote that the lack of legislative regulation of weapon circulation creates a situation where any means of protection puts the owner under suspicion.

President Volodymyr Zelenskyy called to review the rules for the use of weapons for the protection of people. This happened after the terrorist attack in Kyiv on April 18.

Earlier, the Minister of Internal Affairs Ihor Klymenko noted that the law on the circulation of civilian weapons will be put up for public discussion: the Ministry of Internal Affairs wants to agree on a unified approach.

The Minister also noted that to implement such an initiative, it is necessary to develop the appropriate infrastructure—from shooting ranges to weapon storage systems—as well as to amend criminal legislation, particularly regarding the definition of self-defense limits.

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