What Is the Offense of Violating Law No. 6136?
The offenses of possessing, carrying, or purchasing an unlicensed firearm, unlicensed bullets, or a prohibited knife are not regulated under the Turkish Penal Code, but under a special statute: Law No. 6136 on Firearms and Knives and Other Tools. These are classified as formal (conduct-based) offenses. In other words, the mere act of possessing, carrying, or purchasing is sufficient for the offense to be completed; no actual harm or benefit needs to occur. In practice, these offenses are commonly referred to as "violation of Law No. 6136."
The main acts that constitute an offense under Law No. 6136 are:
- Possessing an unlicensed firearm or bullets (Art. 13),
- Carrying an unlicensed firearm or bullets (Art. 13),
- Purchasing an unlicensed firearm or bullets (Art. 13),
- Carrying a firearm or other tool that is only licensed for possession (Art. 13),
- Purchasing, carrying, or possessing the barrel, bolt, body, frame, cylinder, breech block, extractor, firing pin, or other parts with essential/ballistic significance belonging to a firearm, or a weapon that was originally designed to fire blank/gas cartridges but has been converted into a weapon falling under this Law (Art. 13),
- Selling, brokering the sale of, purchasing, carrying, or possessing prohibited knives or similar tools listed in the Law (Art. 15).
Where a firearm or bullets are purchased, sold, transported, or brought into Turkey from abroad for commercial purposesrather than personal need, these acts are instead evaluated under the provisions on "arms trafficking or arms trade."
Elements of the Offense of Possessing, Carrying, or Purchasing an Unlicensed Firearm
Under Article 2 of the Regulation on Firearms and Knives and Other Tools, issued pursuant to Law No. 6136, the firearms whose unlicensed possession, carrying, or purchase constitutes an offense are:
- Firearm: Weapons capable of firing, over long distances, projectiles or pellets known as bullet cores by means of gunpowder gas or a similar explosive/propellant force.
- Handgun: A non-fully-automatic firearm with a barrel length (excluding the chamber) not exceeding 30 centimeters and an overall length not exceeding 50 centimeters.
- Fully automatic weapon: A rifled firearm capable of continuous fire while the trigger is held.
- Rifled hunting shotgun: A rifled firearm with a barrel length (excluding the chamber) exceeding 30 centimeters, having a fixed stock, no automatic or semi-automatic firing capability, and used exclusively for hunting or shooting sports. Rifled hunting shotguns are subject to licensing under Article 4(4) of the Law.
According to the case law of the Court of Cassation, the following points are decisive for proving these offenses:
Unlicensed Firearm and Possession (Zilyetlik): Since this is a formal offense, it must be proven that the defendant was the possessor of the weapon found. This is determined by examining the nature of the location where the weapon was seized and whether that location was under the defendant's actual supervision and control.
The Weapon Must Be Ready and Fit for Firing: For the offense under Article 13 to be established, the weapon must be functional and fit for use. Even if the weapon is defective, the offense is still deemed to have occurred if the defect could be repaired by anyone through a simple fix. However, if the defect can only be repaired through the substantial intervention of a gunsmith, the weapon does not constitute an offense even if seized. Whether the weapon is fit for firing and use must be established through a scientific report obtained by testing carried out by the Gendarmerie and Police Forensic Laboratories or the Council of Forensic Medicine. If the weapon is seized while being used in the commission of a crime, it is presumed to be fit for firing and use without any need for a scientific report.
Whether Seizure of the Weapon Is Required: The most straightforward way to prove a violation of Article 13 is to seize and examine the weapon. However, if the weapon cannot be seized, the offender may still be convicted based on the characteristics of the weapon as established from spent casings and bullet cores found at the scene. If the offender is apprehended without the weapon itself, swabs should be taken from the offender's hands to check for gunshot residue. Even where residue is found, whether the weapon constitutes an offense under Law No. 6136 can ultimately only be established through examination of the spent casing and bullet core.
Offense of Possessing an Unlicensed Firearm
The offense of possessing an unlicensed firearm occurs when a firearm is kept at home or at a place of business for personal need without a possession license (Art. 13). Keeping a firearm that has a possession license outside the location permitted by that license is also treated as this offense.
Moving a licensed firearm to a new residence due to a change of address does not, by itself, constitute an offense; however, failure to notify the authorities of the new address results in an administrative fine.
Offense of Carrying an Unlicensed Firearm
The offense of carrying an unlicensed firearm occurs when a person carries a firearm without a carrying license (Art. 13/1). Continuing to carry a firearm whose carrying license has expired and has not been renewed also constitutes this offense, because an expired carrying license is treated by law as a possession license until a new one is issued, and carrying such a firearm outside the home constitutes the offense.
The Court of Cassation has, in some cases and depending on the specific circumstances, held that briefly carrying a licensed firearm on behalf of the license holder is not an offense — for example, where a firearm is handed to a family member for a short period to be taken home. However, there is no general rule that "briefly carrying a relative's licensed firearm is never an offense"; who owns the weapon, the purpose and duration of carrying it, the conditions of hand-over, and the manner in which it was seized must all be evaluated together based on the specific facts of the case.
Offense of Purchasing an Unlicensed Firearm
The offense of purchasing an unlicensed firearm occurs when a firearm without a possession or carrying license is purchased for personal need. Where the firearm is purchased for commercial rather than personal purposes, the provisions on "arms trafficking or trade" apply instead.
Offense of Possessing, Carrying, or Purchasing Unlicensed Firearm Parts
Possessing, carrying, or purchasing the barrel, bolt, body, frame, cylinder, breech block, extractor, firing pin, or other parts with essential/ballistic significance belonging to a firearm regulated under Law No. 6136 also constitutes an offense under Article 13/1.
Duration and Renewal of the Firearm License
Under Law No. 6136 and the related Regulation, the validity period of a firearm carrying or possession license is 5 years(Art. 6). One month before the expiry of this 5-year period, the administration issues a notice to the license holder stating that renewal is required. Renewal procedures must be completed within 6 months of this notice. During this period, an expired carrying license is treated as a possession license until a new one is issued. The legislature has thus made it an offense to carry the firearm during this renewal process. If the license is not renewed within the given period, the licensed firearm becomes, in legal terms, an unlicensed firearm and constitutes an offense.
The Concept of a Weapon That Is "Grave" in Number or Nature
In applying Article 13, the Court of Cassation evaluates the concept of a weapon that is grave ("vahim") in number or nature under two headings:
Gravity in Terms of Number: According to the Court of Cassation's settled case law, possessing, carrying, or purchasing more than 4 unlicensed weapons is considered grave in terms of number.
Gravity in Terms of Nature: A firearm is considered grave in nature where it is a rifle, or a fully automatic or scoped handgun or similar weapon capable of firing large numbers of rounds effectively within a short period.
It should be noted that even if the offender commits all three acts — purchasing, possessing, and carrying — with respect to the same weapon, they are convicted of only a single offense. The Law does not separately regulate "using an unlicensed firearm" as its own offense, since using a firearm necessarily requires carrying it for some period, meaning the offender will already be convicted for carrying.
Converting, Possessing, Carrying, or Purchasing a Blank-Firing (Kuru Sıkı) Weapon: Offense and Penalty
1. Possessing, Carrying, or Purchasing a Converted Blank-Firing Weapon: Those who purchase, carry, or possess a weapon that was originally designed to fire only blank/gas cartridges but has been converted into a weapon falling under Law No. 6136 are sentenced to 2 to 4 years' imprisonment and a judicial fine of 100 to 500 days (Art. 13/1). If only one such converted weapon, together with the customary amount of bullets or essential/ballistic parts, is possessed at a home or place of business, the penalty is 1 to 3 years' imprisonment and a judicial fine of 100 to 500 days (Art. 13/3).
2. Conversion of a Blank-Firing Weapon: Converting a blank-firing pistol into a real firearm by altering its technical characteristics is treated under Article 13(6) of the Law as unlawful "manufacturing" carried out outside the scope of Law No. 5729, and is punished accordingly. The base penalty for the conversion offense is 5 to 12 years' imprisonment; if the converted weapon is not grave in number or nature, this penalty is reduced by one-third to one-half (Art. 12/6).
Penalty for Possessing, Carrying, or Purchasing an Unlicensed Firearm
Possessing a Single Unlicensed Firearm: Possessing a single unlicensed firearm, together with the customary amount of bullets, at a home or place of business carries a penalty of 1 to 3 years' imprisonment and a judicial fine of 100 to 500 days (Art. 13/3). However, even where only one firearm is involved, if it is:
- a rifle, or a fully automatic or scoped handgun or similar weapon capable of firing large numbers of rounds effectively within a short period, or
- otherwise considered grave in nature,
the penalty increases to 5 to 8 years' imprisonment and a judicial fine of 500 to 5,000 days (Art. 13/2).
Carrying, Purchasing, or Possessing More Than One Unlicensed Firearm: Those who purchase, carry, or possess firearms, their bullets, essential/ballistic parts, or converted blank-firing weapons falling under this Law are sentenced to 2 to 4 years' imprisonment and a judicial fine of 100 to 500 days (Art. 13/1). Where the weapons are grave in number or nature, the penalty again rises to 5 to 8 years' imprisonment and a judicial fine of 500 to 5,000 days (Art. 13/2).
Offense of Possessing, Carrying, or Purchasing Unlicensed Bullets, and Its Penalty
License holders are issued a certain customary annual quantity of bullets according to their needs. Transferring these bullets to persons without a firearm license is prohibited under Article 9 of the Law. Purchasing, possessing, or carrying bullets beyond the customary quantity permitted to license holders is also an offense (Art. 13).
The Court of Cassation distinguishes the applicable provision based on the quantity of bullets as follows:
With respect to possession:
- Possessing a Very Small Quantity of Bullets: Possessing 50 or fewer bullets carries a penalty of up to 6 months' imprisonment and a judicial fine of 30 to 500 days (Art. 13/4).
- Possessing a Customary Quantity of Bullets: Possessing between 51 and 250 bullets carries a penalty of 1 to 2 years' imprisonment and a judicial fine of 25 to 100 days (Art. 13/3).
- Possessing a Non-Customary Quantity of Bullets: Possessing between 251 and 5,000 bullets carries a penalty of 1 to 3 years' imprisonment and a judicial fine of 30 to 100 days (Art. 13/1).
- Possessing a Grave Quantity of Bullets: Possessing 5,001 or more bullets carries a penalty of 5 to 8 years' imprisonment and a judicial fine of 500 to 5,000 days (Art. 13/2).
With respect to carrying:
- Carrying a Very Small Quantity of Bullets: Carrying 50 or fewer bullets carries a penalty of up to 6 months' imprisonment and a judicial fine of up to 100 days (Art. 13/4).
- Carrying a Customary Quantity of Bullets: Carrying between 51 and 5,000 bullets carries a penalty of 1 to 3 years' imprisonment and a judicial fine of 30 to 100 days (Art. 13/1).
- Carrying a Grave Quantity of Bullets: Carrying 5,001 or more bullets carries a penalty of 5 to 8 years' imprisonment and a judicial fine of 500 to 5,000 days (Art. 13/2).
With respect to purchasing:
- Purchasing a Non-Customary Quantity of Bullets: Purchasing between 251 and 5,000 bullets carries a penalty of 1 to 3 years' imprisonment and a judicial fine of 30 to 100 days (Art. 13/1).
- Purchasing a Grave Quantity of Bullets: Purchasing 5,001 or more bullets carries a penalty of 5 to 8 years' imprisonment and a judicial fine of 500 to 5,000 days (Art. 13/2).
In practice, since the integrity of seized bullets can only be established by test-firing, correctly applying the relevant provision requires that at least a number of bullets sufficient to confirm the applicable quantity bracket be tested. The Court of Cassation has held that issuing a judgment based on testing an insufficient number of bullets constitutes grounds for reversal.
Offense of Possessing, Carrying, Selling, or Purchasing a Prohibited Knife or Other Tool, and Its Penalty
Under Law No. 6136, knives and other tools are divided into two categories: "non-prohibited" and "prohibited."
Offenses Relating to Prohibited Knives and Other Tools: Under Article 4 of the Law, the manufacture of daggers, poniards, walking-stick swords, switchblades, machetes, swords, bayonets, pointed and grooved knives, maces, spiked whips, garrotes/chains, knuckle-dusters, and similar tools specially designed solely for offense and defense is prohibited. Selling, brokering the sale of, purchasing, carrying, or possessing these tools constitutes an offense under Article 15:
- The base penalty is 6 months to 1 year's imprisonment and a judicial fine of not less than 25 days (Art. 15/1).
- Where these tools are grave in number or nature (according to the Court of Cassation, more than 100 units is considered grave in number), the penalty above is increased by one-half to double (Art. 15/2). Gravity is established through an expert report obtained from the Police/Gendarmerie Forensic Laboratory or the Council of Forensic Medicine.
- The same penalties apply where knives or tools whose manufacture is permitted for the exercise of a craft or profession are sold, brokered, purchased, carried, or possessed for purposes other than that craft or profession (Art. 15/3).
Carrying a Non-Prohibited Knife or Tool Solely for the Purpose of Attack: Carrying a knife or tool that is not itself prohibited, where the circumstances show it is carried solely for the purpose of attack, carries a penalty of up to 3 months' imprisonment or a judicial fine (Art. 15/4). This offense requires that the intent to carry the knife for attack purposes be established from the circumstances of the case; the spontaneous use of a knife already at hand during a sudden altercation does not constitute this offense — only the underlying crime committed (e.g., injury or homicide) is punished in that case. Conversely, where a knife is taken from home and carried while waiting for a person with whom the offender has a grudge, this is treated as carrying it solely for attack purposes.
Administrative Offenses (Kabahat) Relating to Firearm Possession or Carrying Under Law No. 6136
1. Administrative Offenses Arising from Certain Events or Procedures: Where the licensing or license-renewal procedures relating to possession or carrying — arising from death, health status, conviction, confiscation, purchase, or transfer — are conducted in violation of the obligations set out in the Law, an administrative fine of 10,000 to 25,000 Turkish Liras is imposed (Art. 13/5).
2. Administrative Offense of Relocating a Licensed Firearm: Relocating a firearm whose possession is licensed, due to a change of residence or place of business, without obtaining a relocation permit, also results in an administrative fine of 10,000 to 25,000 Turkish Liras (Art. 13/6).
The authority to impose these administrative fines rests with the local administrative chief (district governor or provincial governor).
Conversion to a Judicial Fine, Suspension, and Deferral of the Announcement of the Verdict
Prison sentences imposed for violations of Law No. 6136 cannot be converted into judicial fines, since these penalties are set out either together with a judicial fine or as an alternative penalty. Where the Law provides for an alternative judicial fine, the judge may impose only a judicial fine.
Where the conditions are met, a deferral of the announcement of the verdict (HAGB) or a suspension of the sentencemay be granted for offenses under Law No. 6136.
Complaint Period, Statute of Limitations, and Mediation
Offenses under Law No. 6136 are not subject to mediation. As these offenses are not subject to a complaint requirement, they are investigated ex officio by the public prosecutor's office, and there is no applicable complaint period. Even if there is an intervening party in the public prosecution, their withdrawal of the complaint does not result in the dismissal of the case. The offense may be investigated at any time, subject to the applicable statute of limitations, which for offenses under Law No. 6136 is 8 years.
Applicable Procedure and Competent Court
The expedited trial procedure may be applied to the offenses specified in the third paragraph of Article 13 and the first, second, and third paragraphs of Article 15 of the Law; this procedure cannot be applied to the other paragraphs. The simplified trial procedure may be applied to offenses under Law No. 6136 whose upper penalty limit is 2 years.
Jurisdiction to try offenses under Law No. 6136 generally lies with the criminal court of first instance (asliye ceza mahkemesi). Where the offense is committed together with a more serious offense falling within the jurisdiction of the heavy penal court (e.g., intentional homicide), jurisdiction shifts to the heavy penal court (ağır ceza mahkemesi).
Court of Cassation Decisions on Violations of Law No. 6136
Evidence Obtained Through an Unlawful Search: In one case, a search conducted at a residence was found unlawful because the public prosecutor was not present and, contrary to legal requirements, no two members of the local council of elders or neighbors were present during the search. As a result, the rifle and bullets seized during that search could not be used as evidence. By contrast, the seizure of a handgun that the police clearly saw in the defendant's hand upon responding to a report was found lawful, and the defendant's conduct was classified as carrying a single unlicensed handgun (Court of Cassation, 8th Criminal Chamber, 2016/7541).
Relocating a Licensed Firearm to a New Residence: Taking a firearm with a possession license to a new home in another province, during a relocation, without obtaining permission from the competent authorities, was treated as a mere administrative deficiency rather than an offense (Court of Cassation, 8th Criminal Chamber, 2005/1732 and 2003/3053).
Handguns Grave in Number: Under the Court of Cassation's settled case law, more than 4 handguns are considered grave in number. Where a defendant possesses four unqualified handguns, the act falls under Article 13/1 in terms of number, but the sentence should be determined by moving away from the statutory minimum; sentencing directly under Article 13/2 without this consideration was found unlawful (Court of Cassation, 8th Criminal Chamber, 2011/15711 and 2004/1966).
Renewal of an Expired Firearm License: Under the applicable regulation, carrying and possession licenses are valid for 5 years; notice must be given one month before expiry, and if the license is not renewed within 6 months of that notice, it will be cancelled. Courts must therefore obtain the firearm license file and verify whether the required notices were actually issued (Court of Cassation, 8th Criminal Chamber, 2015/2303).
Determining the Offense Based on Bullet Quantity: Under the Court of Cassation's settled case law, where the number of bullets seized is 50 or fewer, Article 13/4 applies; between 51 and 5,000, Article 13/1 applies; and 5,001 or more, Article 13/2 applies. To correctly determine the applicable provision, at least a sufficient number of the seized bullets must be tested and confirmed as fit for firing by expert report; issuing a judgment based on testing an insufficient number of bullets was found unlawful (Court of Cassation, 8th Criminal Chamber, 2015/25717 and 2012/38093).
An Unlicensed Firearm and a Prohibited Knife Seized Together: Where both an unlicensed handgun and a prohibited knife are seized from the same defendant, under the concursus rule of Article 44 of the Turkish Penal Code, the defendant should be convicted only of the more serious offense — generally carrying the unlicensed handgun, with the sentence adjusted upward from the statutory minimum based on the number of weapons — and convicting the defendant separately for carrying the prohibited knife was found unlawful (Court of Cassation, 8th Criminal Chamber, 2015/24703 and 2013/16923).
A Single Unlicensed Firearm Found at Home: Where a handgun is found during a search of the defendant's home and there is no evidence that the defendant purchased or carried it, the act falls under Article 13/3 (possession), and sentencing under Article 13/1 instead was found unlawful (Court of Cassation, 8th Criminal Chamber, 2015/24899 and 2016/7791).
Possessing a Very Small Quantity of Bullets: Where 23 or 39 bullets are found at a defendant's home, the act falls under Article 13/4; applying a heavier provision or issuing an acquittal instead was found unlawful (Court of Cassation, 3rd Criminal Chamber, 2016/12999; Court of Cassation, 8th Criminal Chamber, 2016/5037).
Possessing More Than One Unlicensed Firearm: Where two unlicensed handguns are found on the defendant's person and at home, sentencing under Article 13/1 should move away from the statutory minimum to reflect the number of weapons involved (Court of Cassation, 16th Criminal Chamber, 2015/2382).
Continuous Nature of the Offense: A violation of Law No. 6136 is a continuous offense; acts committed up to the date the indictment is issued (which constitutes the legal break) are treated as a single offense, while acts committed after that date constitute a separate offense. Imposing separate sentences for each weapon possessed or carried during the same period, instead of a single conviction, was found unlawful (Court of Cassation, 8th Criminal Chamber, 2014/3365 and 2018/294; Court of Cassation, 4th Criminal Chamber, 2018/13511).
No Offense Where the Firearm Is Defective: Where a weapon's malfunction can only be repaired through the substantial and tool-assisted intervention of a gunsmith, meaning the weapon cannot fire cartridges of its own caliber and type, no conviction can be entered for carrying/possessing an unlicensed firearm on account of that weapon (Court of Cassation, 8th Criminal Chamber, 2012/23653).
Barrel Length of a Handgun: Where a weapon's barrel length or overall length exceeds the thresholds set out in the Regulation's definition of a handgun, no penalty may be imposed on account of that weapon, since it does not meet the statutory definition (Court of Cassation, 8th Criminal Chamber, 2012/19338 and 2011/531).
Carrying a Firearm Licensed for Possession: Where a firearm licensed for possession at a residence is carried, with the license holder's consent, outside the location where possession is permitted, for a certain period and distance, this constitutes the offense of carrying an unlicensed firearm — provided it is established through expert report that the weapon was fit for firing (Court of Cassation, General Assembly of Criminal Chambers, 2006/190).
Elements of the Offense of Purchasing an Unlicensed Firearm: The offense under Article 13/1 is committed through any one of the alternative acts of unlawfully carrying, possessing, or purchasing a firearm or bullets; where the defendant's own statement confirms that they purchased the weapon in question, their conduct constitutes the offense of purchasing an unlicensed firearm and should be assessed accordingly (Court of Cassation, General Assembly of Criminal Chambers, Case No. 2022/533 – Decision No. 2025/170).
Frequently Asked Questions
What is the penalty for possessing an unlicensed firearm? Possessing a single unlicensed firearm at a home or place of business carries a base penalty of 1 to 3 years' imprisonment and a judicial fine of 100 to 500 days; where the weapon is grave in nature or number, the penalty rises to 5 to 8 years' imprisonment.
Is possessing a knife always an offense? No. Only the knives and tools listed as prohibited under Article 4 of Law No. 6136 give rise to an offense when possessed, carried, or sold; ordinary knives needed for household use or the exercise of a craft or profession fall outside the scope of the Law.
What is meant by a "grave" quantity of bullets? Under Court of Cassation case law, 5,001 or more bullets is considered a grave quantity, resulting in a penalty of 5 to 8 years' imprisonment.
Is possessing a blank-firing (kuru sıkı) pistol an offense? Carrying a blank-firing pistol in accordance with the applicable procedure is not an offense; however, altering its technical characteristics to convert it into a real firearm is regulated as a separate and more serious offense.
Does the offense of carrying an unlicensed firearm appear on a criminal record? Yes, a conviction is recorded on the criminal record; removal of the record is possible through the procedures available following execution of the sentence.
Conclusion
The penalty applicable to the offenses of possessing, carrying, or purchasing an unlicensed firearm, bullets, or knife varies considerably depending on the type and quantity of the weapon or bullets, whether they are grave in nature, how they were seized, and the manner in which the act was committed. Technical issues such as the lawfulness of the search, the weapon's fitness for firing, the accurate determination of bullet quantity, and whether multiple offenses should be treated as a single act directly affect the outcome of the proceedings. For this reason, obtaining legal support from an experienced criminal defense lawyer during both the investigation and prosecution stages is of great importance.
This article has been prepared for general informational purposes only. For an assessment specific to your case, please consult a lawyer.