Illegal firearms in Georgia — Article 236: penalties
Illegally acquiring, keeping, carrying, making or selling a firearm, ammunition or explosives is a crime under Article 236. Carrying is punished most harshly — 4 to 7 years. Anyone who voluntarily hands the weapon in is released from liability, unless they committed another crime.
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Possible penalties
| When | Penalty |
|---|---|
| Part 1 — illegally acquiring or keeping a hunting or sports firearm or its ammunition | A fine, house arrest from 6 months to 2 years or up to 2 years in prison |
| Part 2 — the same, as a group or repeatedly | Imprisonment from 2 to 5 years |
| Part 3 — illegally acquiring or keeping another firearm (for example, a pistol), ammunition, explosives or an explosive device | Imprisonment from 3 to 6 years |
| Part 4 — illegally carrying a firearm, ammunition or explosives | Imprisonment from 4 to 7 years |
| Part 5 — illegally making, transporting, sending or selling | Imprisonment from 6 to 9 years |
| Part 6 — acts under Parts 3–5 committed as a group or by someone previously convicted of them | Imprisonment from 8 to 11 years |
Penalties follow the current text of the Criminal Code of Georgia. In a specific case the outcome depends on the circumstances, compensation of damage, a plea agreement and other factors.
What matters for the defence
- Whether the item is a firearm or ammunition at all — ballistic examination
- Whose weapon it was and whether you knew it was there
- Whether the search and seizure were lawful
- Voluntary surrender — release from liability
- Keeping or carrying — the right part of the article changes the penalty
If you are accused or arrested
- Use your right to remain silent and ask for a lawyer — from the first contact with the investigating authority
- Don't sign any document you don't understand
- You must be charged within 48 hours of arrest, and within the next 24 hours a court decides on a preventive measure
- Decide on compensating the damage or settling with the victim together with your lawyer
If you are a victim
- Call 112 or go to the police or the prosecutor's office
- Keep the evidence: photos, video, messages, receipts, witnesses' contacts
- Ask for victim status — it gives you rights in the case, for example to be informed about its progress
- You can claim compensation for the damage — a lawyer will help
Questions & answers
I have an old gun at home — what should I do?
If you hand it in voluntarily, you are released from criminal liability, as long as there are no signs of another crime. Contact us before you do — we'll tell you how to do it properly.
Does this article cover hunting shotguns?
Smoothbore hunting shotguns are not covered by Article 236. Illegally keeping other hunting or sports firearms falls under Part 1 — from a fine up to 2 years.
What is the penalty for carrying a pistol?
Illegally carrying a firearm is punished with 4 to 7 years in prison; as a group or by a repeat offender — 8 to 11 years.
Legal basis
Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge.
Related practice area: Criminal defense
Criminal law
Crimes and penalties
Theft
Article 177Secretly taking someone else's property. Penalties range from a fine to 10 years, depending on the damage and circumstances.Robbery (open theft)
Article 178Openly taking someone else's property. Penalties range from a fine to 11 years, depending on the damage, violence and other factors.Violent robbery
Article 179An attack to take property, with violence dangerous to life or health or the threat of it. Penalty: 5 to 15 years.Extortion
Article 181Demanding money or property under threat of violence, damage or spreading compromising information. Up to 9 years.Embezzlement
Article 182Unlawfully keeping or spending property or money you were entrusted with — often at work. Up to 11 years.Damage to property
Article 187Damaging or destroying someone else's property causing significant damage. Penalties from a fine to 12 years.Bodily harm
Article 117, 118, 120Intentional minor, less serious and serious bodily harm — penalties from a fine to 14 years.Hooliganism
Article 239A gross breach of public order with violence or the threat of violence. Penalties from a fine to 7 years.Traffic accident causing injury
Article 276Breaking traffic safety rules causing injury or death; driving under the influence of drugs. Up to 12 years.Bribe-taking
Article 338An official taking or demanding money or another benefit for an official act. Penalty: 6 to 15 years.Bribe-giving
Article 339Offering or giving money or a benefit to an official. From a fine to 8 years; a voluntary report releases from liability.Trading in influence
Article 339¹Selling or buying 'connections' — promising, for money, to influence an official's decision. Up to 7 years.Accepting a prohibited gift
Article 340An official accepting a gift the law prohibits. From a fine to 4 years in prison.Official forgery
Article 341An official making a false entry in an official document or issuing a false document. From a fine to 4 years.Disobeying the police
Article 173Disobeying a lawful police demand or insulting an officer: a fine up to GEL 5,000 or up to 60 days of administrative detention.Petty hooliganism
Article 166Swearing and insulting people in public: a fine up to GEL 3,000 or up to 20 days of administrative detention.Unauthorised access to a computer system
Article 284Unlawfully getting into someone else's account, email, phone or computer. From a fine to 6 years.Computer crime for financial gain
Article 286¹Phishing, taking money with someone else's card or online banking, interfering with systems for money. Up to 11 years.Violation of private life
Article 157, 157¹Unlawfully obtaining and spreading private information, photos or personal data. Up to 10 years.Domestic violence
Article 126¹Violence, systematic insults, blackmail or humiliation of a family member. Up to 3 years and a restraining order.Murder
Article 108Intentional murder, murder with aggravating circumstances, attempted murder and causing death by negligence. Up to life imprisonment.Initial consultation is free
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