In Greece there is a specific law on firearms, weapons possession, weapons carrying and use of weapons, which must be observed. The law on weapons possession was recently amended (Law 4678/2020). The law on firearms places particular emphasis on what constitutes a weapon and broadens the concept of what amounts to a weapon, including objects that do not fall within the typical notion of a weapon, namely an object which, through firing mechanisms, propels bullets at high velocity capable of causing death.
What is defined as a weapon?
In principle, under the law on weapons possession, a weapon is defined as any device which, by manufacture, conversion or modification, by means of propulsive force generated in any way, propels pellets, projectiles, missiles, harmful chemical or other substances, rays, flames or gases and is capable of causing injury or harm to the health of persons or damage to property or starting a fire, as well as any apparatus capable of producing the above effects in any way.
Weapons, also, under the law on weapons possession, are considered to be objects suitable for attack, defence or immobilisation, and in particular:
- Mechanisms and any means of discharging chemical substances (sprays) or releasing electrical energy.
- Knives of every kind, except those whose use is justified for domestic, professional or educational purposes, art, hunting, fishing or other related uses.
- Knuckle dusters, clubs, sabres, swords, bayonets, stilettos, bows and arrows.
- Spearguns, as well as devices that launch or propel nets for trapping or immobilising animals.
- Firearms and their essential component parts, such as the barrel, frame, breechblock, etc., as well as their accessories, such as silencers or sights, and, of course, their ammunition, e.g. cartridges.
- Explosive substances and explosive devices.
- Salute and blank-firing weapons, manufactured or specially modified to be used exclusively for firing blank cartridges, for uses such as theatrical performances, photography, historical re-enactments, parades, sporting events and training, and weapons used to give alarm signals or signalling.
- Hunting weapons, single-barrel, double-barrel, repeating, semi-automatic, small-calibre weapons (Flobert type), air guns and their cartridges.
- Target-shooting weapons used for the practice of the sport of target shooting, and shooting simulators.
- Replicas of firearms, where they can be converted into actual weapons.
The legal concept of a weapon therefore encompasses, beyond the classic types (revolvers, pistols, semi-automatic and automatic firearms, carbines, hunting guns and air guns), all objects suitable for attack or defence. A weapon under the law is therefore anything capable of harming the human body and causing serious injury or death. By way of example, the following are considered weapons: knives of every kind, swords, lances, electric weapons of the taser type, bows, sabres, clubs, folding knives, batons, spearguns, pepper sprays and others. Knives whose possession is justified for educational use, fishing, hunting or domestic use are not regarded as weapons.
The prohibition of weapons possession covers not only weapons but also the necessary accessories for their use, as well as explosive substances and devices, as is self-evident. Silencers, replicas which can be converted into actual weapons with ballistic capability, telescopic sights, hand grenades, weapon cartridges and any essential part of a weapon or spare part thereof are prohibited. Such weapon accessories as are not necessary for their operation do not constitute weapons — for example, the sling of a carbine. The import of weapons is permitted only for special purposes and for special types of weapons and only after authorisation by the competent authority. Such weapons, which are permitted under strict conditions, include, for example, the starter pistol used by a starter at sporting events, the foil of a fencer, the special weapons used to drive birds away from airports for the safe landing and take-off of aircraft, the revolver firing flares as an SOS signal, and others.
Import & Export of Weapons
The law on weapons possession and weapons carrying addresses the issue of the import and export of weapons and provides that this is permitted only for special purposes and for special types of weapons and only after authorisation by the competent authority. Such weapons, permitted under strict conditions, include, for example, the starter pistol used at sporting events, the foil of a fencer, the special weapons used to drive birds away from airports to ensure safe landing and take-off, the revolver firing flares as an SOS signal, and others. The same applies, correspondingly, to the export of weapons.
Trade in Weapons
There are weapons, such as military weapons, the sale of which is strictly prohibited, and others, such as revolvers and pistols, for which a special licence is required, and which may be sold only to persons who either serve in positions where carrying a weapon is permitted (e.g. police officers) or who face a verified serious threat, such as jewellery shop owners who have repeatedly suffered robberies. There are also weapons sold freely, e.g. air guns to persons over 18 years of age, or hunting weapons to those holding a hunting licence. The law on weapons possession sets out in detail the categories of weapons that are permitted or prohibited.
The trade in military weapons is strictly prohibited; revolvers and pistols are sold only after a special licence and only to persons who either serve in positions where carrying a weapon is permitted, e.g. police officers, or who face a verified serious threat, such as, for example, jewellery shop owners who have repeatedly suffered robberies. These weapons-carrying licences are granted sparingly and only after a very strict assessment of the applicants. Naturally, the opinion of the competent public prosecutor is required for their issuance. Air guns are sold freely to persons over 18 years of age, and hunting weapons to those holding a hunting licence. As a general rule, possession of weapons is unlawful, unless the holder has a special licence from the competent police authority. The minimum age for acquiring a speargun is 16, and for an air gun, 18. A person lawfully in possession of a weapon must keep it in a safe and not easily accessible place, store the ammunition separately from the weapon, keep it always unloaded, disassembled, and not transfer it to third parties. In addition, anyone who finds a weapon must immediately hand it over to the nearest police authority. The holder of a hunting weapon is required to obtain the relevant licence from the police and to undergo a medical examination, both physical and psychological.
Weapons Possession
The law on weapons possession provides that, as a general rule, weapons possession is unlawful and that, in cases of weapons possession, the holder must have obtained the relevant licence from the competent Police Authority. The licence to possess, e.g., a hunting weapon is granted by the Police through a relatively simple procedure. The interested party submits to the police station of his area a completed solemn declaration, a psychiatric certificate that he has no psychological problems, and, after purchasing the weapon, takes the purchased weapon to the Police and declares it. After the Police examine his criminal record, the relevant licence is granted to him.
The minimum age for acquiring a speargun is 16, and for an air gun, 18. A person lawfully in possession of a weapon is obliged to keep it in a safe and inaccessible place, to store the ammunition separately from the weapon, to keep it always unloaded, disassembled, and not to transfer it to third parties. In addition, anyone who finds a weapon must hand it over immediately to the nearest police authority. Today, however, the Police are sounding the alarm, because very few of those who possess weapons are familiar with their use, being untrained and unpractised, and the storage of their weapons is inadequate, thereby increasing the number of accidents involving weapons.
Licence to Carry a Weapon
Carrying a weapon without a licence is also unlawful. A weapons-carrying licence may be granted to any Greek citizen over 18 years of age, after very strict scrutiny and after the opinion of the competent public prosecutor, provided that there are serious concerns for his personal safety, or in cases where it is required for the safety of persons or business premises, banks, cash transports, museums, etc. In addition, a weapons-carrying licence is also granted to target-shooting athletes.
Discharging a firearm without purpose is not permitted and constitutes a standalone offence. Unlawful weapons carrying, weapons possession and use of weapons are misdemeanors (punishable by imprisonment of up to 5 years), standalone and independent of the offence committed by means of them, e.g. attempted homicide, homicide, robbery, grievous bodily harm, etc., and are punished concurrently with that offence. That is to say, the indictment for a robbery, beyond Article 380 of the Penal Code (PK) on robbery, will also include unlawful weapons carrying, weapons possession and use of weapons.
Finally, there is also an aggravated — felony form of weapons carrying, use of weapons and weapons possession, which is punishable by imprisonment (felony) of 5 to 20 years. This form of the offence relates principally to organised networks for the trafficking, importation and possession of weapons supplied to third parties for the purpose of committing a felony, or which arm groups and organisations of persons. Imprisonment (felony), and not merely imprisonment (misdemeanor), is also imposed on anyone who receives or conceals such weapons, which are usually military-type weapons.
- See also our article on Defamation
- See also our article on Bodily Harm
- See also our article on Narcotics
- See also our article on Fraud
- See also our article on Forgery
- See also our article on Embezzlement
- See also our article on Manslaughter (Negligent)
- See also our article on Tax Evasion
FREQUENTLY ASKED QUESTIONS ON FIREARMS – WEAPONS CARRYING – WEAPONS POSSESSION – USE OF WEAPONS
1. What sentence do I face for unlawful weapons possession or carrying?
Unlawful weapons possession, weapons carrying and use of weapons are, as a rule, punishable as misdemeanors with imprisonment of up to 5 years, depending on the type of weapon and the circumstances. When military weapons, military-type armament, trade or supply to third parties for the purpose of committing a felony are involved, the act becomes a felony punishable by imprisonment (felony) of 5 to 20 years. It is important to note that unlawful weapons carrying or possession is punished as a standalone offence, in parallel with any other offence (e.g. robbery, bodily harm). With proper defence, mitigating circumstances (Article 84 of the Penal Code (PK) — prior honest life, remorse), suspension of sentence (Article 99 PK) or conversion into a monetary penalty (Article 80 PK), serving a custodial sentence may be avoided.
2. I was arrested for possession of a knife or pepper spray – what should I do?
Law 4678/2020 broadens the concept of a weapon and includes knives of every kind, pepper sprays, tasers, clubs, folding knives and batons. The law, however, expressly excludes knives whose use is justified for domestic, professional, educational, hunting or fishing purposes. In the event of arrest or being taken into custody, immediately request a lawyer and exercise your right to silence until counsel is present. The defence focuses on the justified reason for possession, on where and how the object was found, on the absence of intent to use it as a weapon, and on challenging its characterisation as a “weapon” under the law.
3. How is a charge of discharging a firearm without purpose addressed?
Discharging a firearm without purpose constitutes a standalone offence and is punished independently of unlawful use of weapons. It is frequently encountered in incidents at weddings, baptisms, festive events or in rural areas. The defence examines whether the firing was indeed “without purpose” or whether there was a lawful cause (e.g. driving away animals, signal of distress), whether the weapon was lawfully held and whether danger was caused to third parties. With appropriate argumentation, suspension of the sentence, conversion into a monetary penalty or community service is often achieved, particularly where there are no injuries or damage to property.
4. What documents and evidence does the defence require?
The following are required: the possession or weapons-carrying licence (if any), the psychiatric medical certificate, the hunting licence, purchase receipts from a licensed retailer, evidence of how the weapon is stored, and the criminal record. Important are any documents that substantiate the reason for possession (professional use, collector’s value, sporting activity in target shooting). Also useful are documents proving prior honest life, social and professional integration, as well as certificates from hunting or shooting clubs. All of these contribute to the recognition of mitigating circumstances and to a reduction of the sentence.
5. How long do criminal proceedings for breaches of the firearms law last?
In the event of a flagrante delicto arrest, the defendant is brought before the public prosecutor within 24-48 hours and possibly directly before the court, unless an extension is requested for preparation. Where the flagrante delicto procedure does not apply, the case follows the regular pre-trial procedure and the hearing may be 1 to 3 years away. In felony forms, a main investigation precedes and the overall procedure up to the first-instance ruling may reach 2-4 years. An appeal adds a further 1-2 years. The defence may take advantage of any statute of limitations or defects in the case file.
6. What is the role of the lawyer in firearms cases?
The lawyer represents the defendant from the very first moment of the preliminary investigation, ensuring respect for his rights and preventing spontaneous statements that may incriminate him. He studies the case file, examines the lawfulness of the seizure, the search and the evidence, challenges the characterisation of the object as a “weapon” and raises standalone pleas. He negotiates the imposition of restrictive measures instead of pre-trial detention, files applications for the lifting of seizures and prepares the line of defence for the courtroom. The objective is acquittal, reclassification to a milder form, or securing suspension, conversion of the sentence or community service.