Unlicensed Firearms in Türkiye: Possession, Carrying and Criminal Procedure

Criminal Law

1. Possession, carrying and acquisition

Article 13 covers unauthorised acquisition, carrying and possession. It also covers ammunition and the listed main or ballistically significant parts. The legal classification depends on the conduct and evidence; a possession licence does not automatically authorise carrying outside its permitted location.

2. Home, workplace and vehicle

Article 13/3 provides a separate penalty for possession at home or work of one firearm other than the types specified in Article 12/4, with ammunition in ordinary quantity, or the specified parts. Carrying it elsewhere may be assessed differently. In its 28 June 2022 decision, E. 2021/8952, K. 2022/11044, the 8th Criminal Chamber held, as an alternative application assessment, that taking a residence-licensed firearm to work fell under Article 13/1. In that same case it found the weapon had not been recovered and the evidence insufficient to establish its characteristics and conviction. The alternative analysis should be read with the entire decision.

A firearm found in a vehicle does not establish automatic guilt: ownership, occupants, knowledge, licence and forensic findings all require assessment.

3. Licence types and administrative penalties

A possession licence generally identifies the home or workplace where a firearm may be kept; it does not itself confer a carrying licence. A carrying licence has separate requirements. A transport permit concerns movement following a change of residence or workplace.

Article 13/5 prescribes administrative fines for specified violations of statutory licensing or renewal obligations associated with death, health, conviction, confiscation, purchase or transfer. Article 13/6 addresses moving a possession-licensed firearm following a change of residence or workplace without the required transport document. The competent administrative authority, applicable amount, date and statutory conditions must be checked; not every licence problem has the same result. Under Turkish Penal Code Article 7/2, the more favourable provision is assessed where law changes after the act.

4. Type, quantity and forensic examination

The weapon's legal classification and condition require expert assessment. Article 12/4 lists certain types and serious cases; Article 13/2 provides aggravated penalties where its conditions are met. A very small quantity of ammunition or specified parts may fall under Article 13/4 if the court does not regard it as serious.

An unconverted blank-firing device is not automatically treated as a firearm under this regime; a device converted into a weapon covered by the law is expressly addressed by Article 13/1. Conversion itself is addressed separately in Article 12/6. Smoothbore hunting guns may fall under a different legal framework and must be classified individually.

In the 8th Criminal Chamber's decision of 6 November 2025, E. 2025/7090, K. 2025/8539, an expert report concerning an earlier event described a pistol unable to fire without substantial intervention. The court assessed the ammunition separately and referred the file for consideration of an extraordinary remedy. That fact-specific discussion must not be applied automatically to every defective weapon, especially given the later inclusion of specified components.

Article 13/A separately addresses negligent storage enabling a child to obtain a firearm, subject to its terms and the applicable law.

5. Penalties under the amended text

• Article 13/1: two to four years' imprisonment and a judicial fine of 100–500 days for the described unauthorised acts.
• Article 13/2: five to eight years and a judicial fine of 500–5,000 days for qualifying aggravated cases.
• Article 13/3: one to three years and a judicial fine of 100–500 days for qualifying possession at home or workplace.
• Article 13/4: up to six months and a judicial fine of 30–500 days for a very small quantity of ammunition or parts where the court does not regard the case as serious.

Specified licensing and relocation-document violations may be administrative. Article 12 addresses separate production, import and sale offences. A judicial fine measured in days is not a fixed lira amount. For earlier acts the favourable-law analysis is essential.

6. Search, seizure and confiscation

Search requires the statutory grounds and authorisation under Criminal Procedure Code Articles 116 and 119; searches of homes, workplaces and non-public enclosed premises are subject to the special authorisation rule. Articles 123 and 127 govern custody and seizure: seizure without a judge's order is submitted for judicial approval within 24 hours, and lapses if the judge does not decide within 48 hours of seizure. Penal Code Article 54/4 addresses confiscation of prohibited property. Where no criminal action is filed, the competent court and separate confiscation procedure must be considered; see 8th Criminal Chamber, 26 June 2025, E. 2025/1601, K. 2025/5375.

7. Interview, custody and detention

Interview, police custody, judicial detention and judicial control are different procedures. Custody requires statutory necessity and concrete evidence, with a general 24-hour period and legally specified exceptions and transfer time. Judicial detention requires concrete evidence of strong suspicion and a detention ground, subject to proportionality. Judicial control may impose less restrictive obligations. None of these outcomes is automatic.

8. Deferred announcement, suspension and alternatives

Where the sentence and statutory conditions permit, the court may defer announcement of judgment under Criminal Procedure Code Article 231. The statutory conditions include no previous intentional-offence conviction, the court's assessment and compensation for relevant harm. Confiscation is treated separately. The provision permits appeal subject to its exceptions and applicable transitional rules. Suspension under Penal Code Article 51 and alternatives to short prison sentences under Article 50 have their own conditions; none is automatic, and a prison sentence in a judgment whose announcement is deferred cannot also be suspended or converted at that stage.

9. Documents and examples

• Licence type, validity and renewal, transfer or transport documents;
• Search authorisation and search or seizure records;
• Notices, investigation reference and any forensic or expert reports.

A firearm inherited after a death may raise the specific licensing issue in Article 13/5, depending on the date and facts. If a firearm is found in a vehicle with passengers, knowledge, control and the forensic report require individual examination. These examples are hypothetical.

10. Frequently asked questions

Is an expired licence automatically a crime?

Not every violation is treated alike. The statutory circumstances, date and conduct determine whether an administrative or criminal provision applies.

Does a possession licence permit carrying in a car?

It authorises possession at the specified location, not unrestricted carrying. Applicable permits and facts must be assessed.

Is a broken firearm outside the law?

Not necessarily. Its condition, repair requirements, covered components, ammunition and the date must be assessed with the forensic report.

Will confiscated property always be returned?

Property whose possession or carrying is criminal may be confiscated. Licensed property and administrative violations require separate assessment.

11. Sources

• Law No. 6136, Articles 7, 12, 13 and 13/A; Criminal Procedure Code, Articles 91, 100, 116, 119, 123, 127 and 231; Penal Code, Articles 7, 49–51 and 54.
• 8th Criminal Chamber: 28 June 2022, E. 2021/8952, K. 2022/11044; 26 June 2025, E. 2025/1601, K. 2025/5375; 6 November 2025, E. 2025/7090, K. 2025/8539. Search at Court of Cassation decision search.

General information about Turkish law; individual circumstances and the law applicable on the relevant dates require separate assessment.