Law Enforcement and Firearms Regulation in Spain: A Comprehensive Guide

Posted on Oct 13, 2024 in Law & Jurisprudence

Law Enforcement and Firearms Regulation in Spain

Powers of Law Enforcement Officers

Article 18

Law enforcement officers may conduct necessary checks to ensure that individuals on public transportation are not illegally carrying or using firearms. They may temporarily confiscate firearms, including those with licenses or permits, to prevent crimes or safety hazards.

Article 19

  1. Security Forces officials can limit or restrict movement in public spaces to maintain peace and order. They may also seize instruments that could be used for illegal activities.
  2. To find and apprehend individuals involved in crimes causing public alarm, they may implement controls on roads and public areas. The Public Prosecutor must be informed of the results.

Article 20

  1. Security Forces officials can request identification from individuals during investigations or preventative measures when knowledge of their identity is necessary.
  2. If identification cannot be obtained, officers may ask individuals to accompany them to a designated unit for identification purposes only, and only for the time required.
  3. A logbook will be maintained at the designated premises, recording the reasons and duration of identification procedures. This logbook will be accessible to judicial authorities and the prosecution service. The Ministry of the Interior will periodically provide extracts to the Ministry of Justice.
  4. Resistance or refusal to identify oneself may be subject to the provisions of the Criminal Code and Criminal Procedure Law.

Article 21

  1. Agents may enter and search residences as permitted by the Constitution.
  2. Legitimate cause for entry includes preventing imminent harm to people or property, during catastrophes, or other extreme and urgent situations.
  3. When entering a home, a record must be immediately transmitted to the competent judicial authority.

Offenses and Prohibited Weapons

Article 26

  1. Disobeying the mandates of authority or its agents, as dictated by this Law, is an offense, provided it does not constitute a criminal offense.
  2. Disrupting public safety or creating unrest in public spaces is an offense.

Article 3

Weapons and Firearms Categories:

Regulated weapons and firearms are categorized based on their characteristics, danger level, and intended use:

  • Category 1: Handguns: pistols and revolvers.
  • Category 2:
    • Long firearms for monitoring and care.
    • Long rifled firearms for big game.
  • Category 3:
    • Long rifled firearms for sport, 5.6 mm gauge (22 U.S.).
    • Shotguns and long-barreled smoothbore firearms.
  • Category 4:
    • Carbines, pistols, and revolvers (double-action) powered by air or compressed gas.
    • Carbines, pistols, and revolvers (single-action) powered by air or compressed gas.
  • Category 5:
    • Knives with cutting or piercing blades that are not prohibited.
    • Military or imitation knives or machetes.
  • Category 6:
    • Antique or historical firearms (manufactured before January 1, 1870).
    • Other historical or artistic firearms.
    • Muzzle-loading guns.
  • Category 7:
    • Anesthetic injection weapons.
    • Crossbows.
    • Weapons for launching projectiles.
    • Flobert system weapons.
    • Bows, fishing line launchers, and underwater spear guns.
    • Detonating pistols, flare guns, and revolvers.

Article 4

  1. Prohibited Weapons: The following weapons or imitations are prohibited:
    • Firearms modified without authorization.
    • Long weapons with attachments for holding other weapons.
    • Pistols and revolvers with adapted stocks.
    • Firearms concealed within walking sticks or other objects.
    • Simulated firearms disguised as other objects.
    • Sword-canes, daggers, and automatic knives (daggers are defined as knives with blades under 11 inches, double-edged, and pointed).
    • Firearms (air or compressed gas) combined with knives.
    • Weighted defenses, spiked knuckles, slingshots, blowguns, and other dangerous tools.
  2. Museums, collectors, or agencies mentioned in Article 107 may possess these weapons under specific conditions.

Regulations on Carrying and Using Firearms

Article 146

  1. Carrying, displaying, and using handguns, knives (especially those with sharp blades), and firearms in categories 5, 6, and 7 is prohibited. Authorities and their agents should exercise caution.
  2. Carrying or using weapons in public gatherings, meeting places, or leisure areas is considered unlawful.

Article 147

  1. Firearm users must maintain control of their weapons at all times. They should exercise care and caution around others to prevent harm or inconvenience.
  2. Prohibited Use of Weapons: It is prohibited to possess, display, or use weapons:
    • In a negligent or reckless manner.
    • Under the influence of alcohol, drugs, or other similar substances.

Article 148

  1. According to Article 18 of Organic Law 1/1992 of February 21, on the Protection of Public Safety, law enforcement officers may conduct necessary verifications.
  2. These agents may temporarily seize weapons to prevent crimes or ensure safety.
  3. Individuals carrying weapons at public gatherings will be reported to the competent judicial authority as outlined in the Penal Code.

Article 149

  1. Regulated firearms may only be carried on public roads and in public places if disassembled or in their cases.
  2. Weapons may only be used in designated shooting ranges, industrial estates, or areas suitable for hunting, fishing, or other sporting activities.

Penalties for Weapons Offenses

Article 563

The first paragraph of this article is only interpreted the Constitution as set out in the STC FJ 24/2004 8. Possession of prohibited weapons is punishable by imprisonment from one to three years.

Article 564

  1. Possession of regulated firearms without the necessary license or permit is punishable by:
    • Imprisonment from one to two years for handguns.
    • Imprisonment from six months to one year for long guns.
  2. The penalties in the preceding paragraph may increase to two to three years for handguns and one to two years for long guns if any of the following circumstances apply:
    • Weapons lack trademarks or serial numbers, or these have been altered or obliterated.
    • Weapons were smuggled into Spanish territory.
    • Weapons have been transformed, altering their original characteristics.

Police Controls and Procedures

  • Policing Concept: Intercepting the movement of people and vehicles in specific public locations.
  • Objective: Static police checkpoints for identifying people and vehicles (traffic control), identity checks (pedestrians), and verification of identity (public buildings).
  • Generic Purposes: Active presence, psychological deterrence, repressive action, moral support, familiarizing the population with police presence, and obtaining information.
  • Types of Control:
    • Preventative: Officers may limit movement in public spaces to maintain peace and order and may seize potentially illegal instruments.
    • Selective: To apprehend individuals involved in serious crimes, gather evidence, and conduct controls on roads and public areas. This may involve identifying people, searching vehicles, and superficially checking personal belongings for prohibited substances or dangerous items.
  • Stair Surveillance: Communicating selected license plate numbers.
  • Stair, Waiting, and Runtime: Integrating three components: vehicle selection, identification, body search, and potential detention of occupants.
  • Stair Safety and Reaction: Starts after the selection area. Two agents manage vehicles. If a vehicle avoids the checkpoint, one agent initiates pursuit while the other provides security. A vehicle is used for channeling orders and disseminating information to minimize risks.
  • Types of Checkpoints: Linear, “S”-shaped, and “zig-zag.”