Acts of violence are usually carried out with firearms or firearm-like tools. A weapon is an instrument used for attack and defense, capable of causing harm or death to the victim when used.
A weapon is any portable or non-portable device, tool, or object that is made or used by the perpetrator for attack and defense, or that is capable of being used in attack and defense, providing the perpetrator with an advantage or assisting in breaking the victim’s resistance, and causing physical, chemical, or biological effects on the human body.
According to Article 6/1-f of the Turkish Penal Code (TPC), weapons are defined as follows:
Firearms, Explosive substances, All kinds of cutting, piercing, or stabbing tools made for use in attack and defense, Other items that are capable of being used in attack and defense, even if not made specifically for that purpose, Incendiary, corrosive, injurious, suffocating, poisonous, causing continuous illness, nuclear, radioactive, chemical, or biological substances, to be understood.
According to the Regulation on Firearms and Knives and Other Tools (74/2/e), a firearm is a weapon that can shoot special projectiles or pellets called shot, using gunpowder gas or similar explosive and propelling force, capable of reaching long distances.
Shotguns, on the other hand, are firearms used for hunting purposes. They are produced in various sizes depending on the physical integrity of the animal to be hunted. These firearms are classified into rifled and smoothbore shotguns. Rifled shotguns are subject to licensing under Law No. 6136, while smoothbore shotguns are not subject to licensing under this Law.
According to Article 1 of the Law on Firearms and Knives and Other Tools, “The importation, manufacturing, sale, purchase, transportation, or possession of firearms, their ammunition, and knives or other tools specially made for use in attack and defense are subject to the provisions of this law.”
According to Article 4/1 of the Law on Firearms and Knives and Other Tools: “The manufacture of knives, daggers, stabbing weapons, bludgeons, switchblades, machetes, swords, choppers, bayonets, pointed and grooved blades, maces, flails, strangulation wires or chains, or similar tools of special nature for use in attack and defense is prohibited.”
According to Law No. 6136, for a firearm to be considered as a weapon, it must have the ability to shoot. In this context, to refer to a firearm, it must be capable of firing at least one round. If the parts used for firing, such as the hammer or firing pin, are defective or missing, the firearm will not be classified as a weapon under Law No. 6136.
Law No. 6136, Article 13/1, regulates the carrying, possession, and purchase of unlicensed firearms. If the perpetrator also carries the firearms acquired under Article 13, they will receive a single punishment since they have performed optional actions specified in the same law. Therefore, the perpetrator will not be additionally punished for the act of carrying.
To purchase, in contravention of Law No. 6136, means to acquire firearms and their ammunition from someone else for a fee. To carry, in contravention of Law No. 6136, means taking firearms or ammunition outside of the residence or workplace.
The sanction stipulated in Article 13/1 of Law No. 6136 is imprisonment for a period of one to three years and a judicial fine ranging from thirty to one hundred days.
Aggravating factors for the offense are regulated in the second paragraph of Article 13 of Law No. 6136 and in Additional Article 5.
According to the second paragraph: “If the firearm falls within the scope of those listed in the fourth paragraph of Article 12 of this Law or if the firearms or ammunition are severe in terms of quantity or quality, the perpetrator shall be sentenced to imprisonment for a period of five to eight years and a judicial fine ranging from five hundred days to five thousand days.”
According to Additional Article 5: “If the actions contrary to Articles 12 and 13 of this Law relate to artillery, mortars, rocket launchers, anti-aircraft guns, anti-tank guns, heavy and light machine guns, or similar military-purpose war weapons or ammunition, the penalties imposed shall be increased by one fold.”
According to the first paragraph of Additional Article 1 of Law No. 6136, in the places listed in the said law, anyone carrying or possessing firearms or their ammunition, knives or other tools, or similar items listed in Article 4, shall be sentenced to twice the penalties stipulated in the relevant laws. (During trials, in courtrooms, in psychiatric sections of hospitals, in mental institutions, in prisons and correctional facilities of all kinds, or their attachments, etc.)
The third paragraph of the same article provides for mitigating circumstances: “In the case of firearms, other than those listed in the fourth paragraph of Article 12 of this Law, having only one firearm and keeping the usual number of ammunition in the residence or workplace shall result in a penalty of imprisonment for a period of one to two years and a judicial fine ranging from twenty-five to one hundred days.”
According to Article 13/5 of Law No. 6136: “A person who transforms a blank-firing gun, which can discharge blank cartridges or similar items, into a firearm capable of causing death by making technical modifications shall be punished in accordance with the provisions of the first paragraph of this article.”
The competent court for the acts specified in Article 13 of Law No. 6136 is the Criminal Court of First Instance.
According to Article 250/1-b of the Criminal Procedure Code (CMK) No. 5271, the offenses specified in the first, third, and fifth paragraphs of Article 13 and the first, second, and third paragraphs of Article 15 of Law No. 6136 are subject to the Expedited Trial Procedure.
WEAPON SMUGGLING Apart from firearms and ammunition used exclusively in sports, as well as smoothbore hunting rifles and their ammunition, long-barreled and short-barreled firearms, including rifled hunting rifles, all rifles, handguns, and their respective ammunition, fall within the scope of the crime of weapon smuggling.
Weapon smuggling is regulated in Article 12/1 of Law No. 6136. According to the article:
“The act of importing or attempting to import firearms and their ammunition into the country, assisting in their importation, manufacturing them in the country outside the provisions of Law No. 5201 dated 29/6/2004 regarding the Inspection of War Vehicles and Equipment, Weapons, Ammunition, and Explosive Material Producing Industrial Establishments, transporting or knowingly facilitating the transportation or shipment of firearms or ammunition made in the country from one place to another, selling or assisting in the sale of firearms or ammunition, or possessing them for this purpose” constitutes weapon smuggling. Therefore, this crime is a typical optional offense.
According to Article 12 of Law No. 6136, the penalty for the act of selling is imprisonment for a term of five to twelve years and a judicial fine ranging from five hundred days to five thousand days.
If firearms or ammunition are sold with the intention of trade, the offense described in Article 12 of Law No. 6136 is committed. The reason for penalizing the act of selling is to prevent the spread of firearms and ammunition and the illegal arming of individuals, ensuring the security of the country. Thus, the intention was to prevent weapon smugglers from committing this offense with commercial intent. The act of selling must take place within the country’s borders.
Facilitating the sale means facilitating the transfer of firearms and their ammunition to another person for a fee. In other words, it involves engaging in activities for the sale of firearms and their ammunition.
Since the aim is to prevent arms trade or the production of firearms within the country, it cannot be said that the offense specified in Article 12/1 of Law No. 6136 is committed when a single handgun is sold for personal use. In such cases, where the act is limited to a single handgun and the sale is not intended for arms trade, Article 13/1 of Law No. 6136, not Article 12/1, will be applicable.
The prescribed penalty under Article 12/1 of Law No. 6136 is imprisonment for a term of five to twelve years and a judicial fine ranging from five hundred days to five thousand days.
Since the second paragraph regulates the commission of the offense in the form of joint participation, the penalty under this paragraph is imprisonment for a term of eight to fifteen years and a judicial fine ranging from one thousand days to ten thousand days. According to Article 12/2 of Law No. 6136, “In cases where two or more persons commit the offenses mentioned in the first paragraph, except for the situation specified in the third paragraph, the perpetrators shall be sentenced to imprisonment for a term of eight to fifteen years and a judicial fine ranging from one thousand days to ten thousand days.”
Since the third paragraph regulates the commission of the offense within the scope of organized activities, the imposed penalty is increased by one fold.
Since the fourth paragraph regulates situations of severity in terms of quality and quantity, the imposed penalty is increased by half. According to the fourth paragraph of Article 12 of Law No. 6136, “In cases where firearms are rifles or semi-automatic or fully automatic handguns capable of firing a large number of rounds rapidly and effectively, or have similar characteristics, or where firearms or any type of ammunition are of a significant quantity, the penalties prescribed in the preceding paragraphs shall be increased by half.”
In the fifth paragraph, the penalty is increased by one fold for situations where weapons deemed severe in terms of quality are also deemed severe in terms of quantity.
The term “severe” is subject to a dual distinction, namely “severe in terms of quality” and “severe in terms of quantity.”
Since the upper limit of the penalty for the acts specified in Article 12 of Law No. 6136 is twelve years, the competent court is the heavy penal court.
In our office located in the İzmit district of Kocaeli province, specialized criminal defense attorneys provide consultancy and legal representation services for all criminal cases, including Unlicensed Firearms, Ammunition, Knife or Blade Possession, Purchase or Carrying Crimes, as well as Weapon Smuggling offenses.