# 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

WhenPenaltyPart 1 — illegally acquiring or keeping a hunting or sports firearm or its ammunitionA fine, house arrest from 6 months to 2 years or up to 2 years in prisonPart 2 — the same, as a group or repeatedlyImprisonment from 2 to 5 yearsPart 3 — illegally acquiring or keeping another firearm (for example, a pistol), ammunition, explosives or an explosive deviceImprisonment from 3 to 6 yearsPart 4 — illegally carrying a firearm, ammunition or explosivesImprisonment from 4 to 7 yearsPart 5 — illegally making, transporting, sending or sellingImprisonment from 6 to 9 yearsPart 6 — acts under Parts 3–5 committed as a group or by someone previously convicted of themImprisonment 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

- [Criminal Code of Georgia](https://matsne.gov.ge/ka/document/view/16426)

- [Criminal Procedure Code of Georgia](https://matsne.gov.ge/ka/document/view/90034)

Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge.

Related practice area: [Criminal defense](https://mmlaw.ge/en/criminal-defense-lawyer/)

## Related topics

- [#Criminal law](https://mmlaw.ge/en/criminal-defense-lawyer/)

- [#Your rights](https://mmlaw.ge/en/blog/what-to-do-if-detained/)

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- [Criminal defence lawyer](https://mmlaw.ge/en/criminal-defense-lawyer/)

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- [Cybercrime lawyer](https://mmlaw.ge/en/cybercrime-lawyer/)

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- [Juvenile lawyer in Georgia: legal help for minors](https://mmlaw.ge/en/juvenile-justice-lawyer/)

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- [Detained in Georgia? Your rights and what to do](https://mmlaw.ge/en/blog/what-to-do-if-detained/)

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- [Police search in Georgia: your rights and what to do](https://mmlaw.ge/en/blog/police-search-your-rights/)

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- [Fraud charges in Georgia: penalties and your defence](https://mmlaw.ge/en/blog/fraud-charges-in-georgia/)

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- [Theft charges in Georgia: penalties and your rights](https://mmlaw.ge/en/blog/theft-charges-in-georgia/)

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- [Domestic violence charges in Georgia: what to know](https://mmlaw.ge/en/blog/domestic-violence-charges-georgia/)

Criminal law

## Crimes and penalties

- [Theft](https://mmlaw.ge/en/crimes/theft-article-177/) — Article 177 Secretly taking someone else's property. Penalties range from a fine to 10 years, depending on the damage and circumstances.

- [Robbery (open theft)](https://mmlaw.ge/en/crimes/robbery-article-178/) — Article 178 Openly taking someone else's property. Penalties range from a fine to 11 years, depending on the damage, violence and other factors.

- [Violent robbery](https://mmlaw.ge/en/crimes/violent-robbery-article-179/) — Article 179 An attack to take property, with violence dangerous to life or health or the threat of it. Penalty: 5 to 15 years.

- [Extortion](https://mmlaw.ge/en/crimes/extortion-article-181/) — Article 181 Demanding money or property under threat of violence, damage or spreading compromising information. Up to 9 years.

- [Embezzlement](https://mmlaw.ge/en/crimes/embezzlement-article-182/) — Article 182 Unlawfully keeping or spending property or money you were entrusted with — often at work. Up to 11 years.

- [Damage to property](https://mmlaw.ge/en/crimes/property-damage-article-187/) — Article 187 Damaging or destroying someone else's property causing significant damage. Penalties from a fine to 12 years.

- [Bodily harm](https://mmlaw.ge/en/crimes/bodily-harm/) — Article 117, 118, 120 Intentional minor, less serious and serious bodily harm — penalties from a fine to 14 years.

- [Hooliganism](https://mmlaw.ge/en/crimes/hooliganism-article-239/) — Article 239 A gross breach of public order with violence or the threat of violence. Penalties from a fine to 7 years.

- [Traffic accident causing injury](https://mmlaw.ge/en/crimes/traffic-accident-article-276/) — Article 276 Breaking traffic safety rules causing injury or death; driving under the influence of drugs. Up to 12 years.

- [Bribe-taking](https://mmlaw.ge/en/crimes/bribe-taking-article-338/) — Article 338 An official taking or demanding money or another benefit for an official act. Penalty: 6 to 15 years.

- [Bribe-giving](https://mmlaw.ge/en/crimes/bribe-giving-article-339/) — Article 339 Offering or giving money or a benefit to an official. From a fine to 8 years; a voluntary report releases from liability.

- [Trading in influence](https://mmlaw.ge/en/crimes/trading-in-influence-article-339-1/) — Article 339¹ Selling or buying 'connections' — promising, for money, to influence an official's decision. Up to 7 years.

- [Accepting a prohibited gift](https://mmlaw.ge/en/crimes/prohibited-gift-article-340/) — Article 340 An official accepting a gift the law prohibits. From a fine to 4 years in prison.

- [Official forgery](https://mmlaw.ge/en/crimes/official-forgery-article-341/) — Article 341 An official making a false entry in an official document or issuing a false document. From a fine to 4 years.

- [Disobeying the police](https://mmlaw.ge/en/crimes/disobeying-police-article-173/) — Article 173 Disobeying 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](https://mmlaw.ge/en/crimes/petty-hooliganism-article-166/) — Article 166 Swearing 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](https://mmlaw.ge/en/crimes/hacking-article-284/) — Article 284 Unlawfully getting into someone else's account, email, phone or computer. From a fine to 6 years.

- [Computer crime for financial gain](https://mmlaw.ge/en/crimes/phishing-online-theft-article-286-1/) — Article 286¹ Phishing, taking money with someone else's card or online banking, interfering with systems for money. Up to 11 years.

- [Violation of private life](https://mmlaw.ge/en/crimes/private-photos-article-157/) — Article 157, 157¹ Unlawfully obtaining and spreading private information, photos or personal data. Up to 10 years.

- [Domestic violence](https://mmlaw.ge/en/crimes/domestic-violence-article-126-1/) — Article 126¹ Violence, systematic insults, blackmail or humiliation of a family member. Up to 3 years and a restraining order.

- [Murder](https://mmlaw.ge/en/crimes/murder-article-108-109/) — Article 108 Intentional murder, murder with aggravating circumstances, attempted murder and causing death by negligence. Up to life imprisonment.

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Source: https://mmlaw.ge/en/crimes/illegal-firearms-article-236/ · MMLAW · +995 551 00 43 00 · info@mmlaw.ge
