Adana Firearms Lawyer

Adana Firearms Lawyer | Defence in Unlicensed Weapon and Weapons Trafficking Files

An Adana firearms lawyer is a criminal lawyer who defends the suspect and the defendant in files concerning the carrying and possession of unlicensed weapons and weapons trafficking. As Av. Yakup Buğrahan SEVDİ and the YBS Hukuk office, we follow the statement, search, forensic examination and hearing stages 7/24 in the light of Law No. 6136 and the decisions of the Court of Cassation.

A weapons file is often opened at a roadside check, during a search of a home or in the course of the criminal investigation of another incident. The search record drawn up on the first day, the number of weapons and rounds seized and the technical characteristics of the weapon determine which paragraph the offence falls under. This is also usually the question asked by readers who come to a first meeting with Adana firearms lawyers: is the file one of simple possession, of carrying, or of trafficking? We recommend that you bring these documents with you when you come to the meeting.

Below, we explain the types of offence, the penalties, the conditions for a search, the forensic examination, the court with jurisdiction and the deferral of the announcement of the verdict, linking them to the wording of the law and to the recent decisions of the Criminal General Assembly of the Court of Cassation.

Adana Unlicensed Weapons Lawyer: Unlicensed Carrying and Possession (Art. 13)

Most of the files commonly referred to as "violation of 6136" are based on Article 13 of the Law on Firearms, Knives and Other Instruments. For a person who, contrary to the law, buys, carries or possesses a firearm, its ammunition, or its main parts or parts of ballistic significance such as the barrel, slide, frame or bolt head, imprisonment from two to four years and a judicial fine of one hundred to five hundred days is provided for (Art. 13/1). A weapon that was capable of firing blank or gas cartridges and has been converted into a weapon subject to the provisions of this Law also falls within the scope of this paragraph. In these files, an Adana lawyer for Law No. 6136 cases should first determine whether the material seized qualifies as a firearm, ammunition or a main part.

At the first meeting with an Adana lawyer for violations of Law No. 6136, the second distinction is this: was the weapon kept at home or at the workplace, or was it carried on the person or in a vehicle? The law has set different penalties for these two situations:

Penalties under Law No. 6136 According to the Nature of the Weapon and Ammunition

The Difference Between Keeping a Weapon at Home or at the Workplace and Carrying It

In files concerning possession of an unlicensed weapon, we examine the conditions of the third paragraph one by one: is there a single weapon, are the rounds of the usual number, and is the weapon one of the types listed in the fourth paragraph of Article 12? If one of these conditions is missing, the heavier penalty in the first paragraph comes into play; for this reason, whether the number of rounds and the type of weapon were correctly entered in the record is the first matter that an Adana lawyer for possession of an unlicensed weapon will check. In carrying files, on the other hand, what is decisive is whether the weapon was taken outside the home or the workplace; for this reason, we recommend that you also read, together with your Adana lawyer for carrying an unlicensed weapon, the description in the record of the place where the weapon was found. The carrying of a weapon for which a possession licence has been issued is also discussed in Court of Cassation decisions as the offence of carrying; for this reason, we recommend that you place the type of licence on the file with a document.

Let us also recall the administrative sanction introduced by Law No. 7533 in 2024. The relocation of a licensed weapon by its owner, on a change of home or workplace, without obtaining a relocation permit is now subject to a separate sanction:

A person who holds a weapon for the purpose of selling it, however, falls within the scope not of Article 13 but of Article 12, which we explain below. In these files, the first point of the defence is usually the proof of the purpose of sale; an Adana lawyer for unlicensed weapons trafficking should challenge separately each piece of evidence alleged to show this purpose.

Weapons Trafficking (Art. 12) and the Offence of Manufacturing Weapons

Article 12 of the Law punishes bringing firearms, ammunition or main parts into the country, manufacturing them outside the scope of Law No. 5201, transporting them from one place to another, selling them, acting as an intermediary in their sale, or possessing them for this purpose. The basic penalty is imprisonment from five to twelve years and a judicial fine of five hundred to five thousand days (Art. 12/1). If the offence is committed jointly by two or more persons, imprisonment from eight to fifteen years and a judicial fine of one thousand to ten thousand days is provided for (Art. 12/2), and if it is committed within the framework of the activities of an organisation, the penalty is doubled (Art. 12/3). If the weapon is a long gun, a fully automatic weapon, or a pistol fitted with a telescopic sight, a silencer or a target-pointing device, or if the quantity is serious, the penalty is increased by one half, and if both circumstances exist together, it is doubled (Art. 12/4, 12/5). As a weapons trafficking law office in Adana, we examine in these files whether the allegations of joint commission and of an organisation have been proven separately in respect of each defendant.

The sixth paragraph added in 2024 separately regulates the conversion of blank-firing guns:

Under the same paragraph, if the converted weapon is not serious in terms of number and nature, the penalty is reduced by one third to one half. Since weapons smuggling offences (Art. 12) are among the catalogue offences in CMK Art. 100/3, a ground for pre-trial detention may be presumed to exist where there is strong suspicion. For this reason, we challenge the evidence on which the trafficking allegation is based from the first day of the criminal investigation; the first objection of an Adana weapons trafficking lawyer faced with a request for pre-trial detention should also be directed at the sufficiency of this evidence.

The same decision also stated that, in respect of the defendant at whose home the weapons were seized, the first and fourth paragraphs of Article 12 should be applied, rather than the circumstance of joint commission. Let us note that the decision was given by majority and that the purpose of sale is assessed separately in each file according to communication records, witness statements and the quantity of the material seized. As Adana weapons trafficking lawyers, in allegations of sale based on the interception of communications, we also ask, in the light of this decision, whether the content of the calls was determined.

The Distinction Between Carrying Knives, Blank-Firing Guns and Hunting Guns

Article 4 of the Law prohibits the making of instruments of a special nature intended solely for use in attack and defence, such as daggers, poniards, fighting knives (saldırma), switchblades, machetes, swords, bayonets, pointed and grooved knives, and knuckledusters. For a person who, contrary to the law, sells, buys, carries or possesses these knives and instruments, imprisonment from six months to one year and a judicial fine of not less than twenty-five days is provided for; if the number or nature is serious, the penalty is increased by one half up to double (Art. 15/1, 15/2). For a person who carries a household implement such as a kitchen knife, or a smoothbore long gun (yivsiz tüfek), solely for the purpose of using it in an attack, however, imprisonment of up to three months or a judicial fine applies (Art. 15/4).

In blank-firing gun files, the first question is whether the weapon has been converted. Article 13/1 of the Law treats a weapon capable of firing blank or gas cartridges as falling within its scope only once it has been converted into a weapon subject to the provisions of this Law; this is established by a forensic examination report. As Adana lawyers for possession of unlicensed weapons, this report is the first document we read in the case of blank-firing guns seized at a home. For hunting guns, the fourth article of the law makes the following distinction:

Search, Seizure, Forensic Examination and Confiscation

The most important evidence in a weapons file is often the weapon seized during the search. When you bring your file to an Adana lawyer for unlicensed weapon cases, the first matter to be checked is the lawfulness of the search; we carry out this check in the following order:

1. Search decision or order: A search must be carried out by a judge's decision or, where delay would be detrimental, by the written order of the public prosecutor. In homes, workplaces and closed areas not open to the public, an order of the head of the law enforcement unit is not sufficient (CMK Art. 119/1).
2. Content of the decision: The decision or order must clearly indicate the act giving rise to the search, the person to be searched or the address of the place to be searched, and the period for which the decision will be valid (CMK Art. 119/2).
3. Witnesses: If a search is carried out in a home, workplace or other closed place without the prosecutor being present, two persons from the council of elders (ihtiyar heyeti) of that place or from the neighbours must be present (CMK Art. 119/4).
4. Record and seizure: We compare with the record whether the make, serial number and number of rounds of the weapon seized were correctly written in the record, and whether the items seized were taken into safekeeping in full.
5. Forensic examination: Whether the weapon is fit for firing, whether it is one of the types in the fourth paragraph of Article 12 and whether a conversion has been carried out must be determined by a court-appointed expert report.

A recent decision of the Criminal General Assembly of the Court of Cassation clearly shows why the forensic examination is so important. In that decision, it was alleged that the defendant had carried a pistol licensed for possession, but no examination by a court-appointed expert had been carried out on the weapon.

As Adana lawyers for violations of Law No. 6136, we are often asked about confiscation. Under TCK Art. 54/4, items whose production, possession, use, carrying, purchase and sale constitute an offence are confiscated. Items used in the commission of an intentional offence, on the other hand, are confiscated provided that they do not belong to third parties acting in good faith (TCK Art. 54/1). If the weapon belongs to someone else, we recommend that you submit to the file the documents showing the good faith of its owner.

Other Offences Committed with a Weapon: Wounding, Threat and Homicide

An unlicensed weapon file is often not opened on its own; it starts after a weapon is drawn in a fight, shots are fired into the air or someone is wounded. In practice, in these files the violation of Law No. 6136 may be included in the indictment together with the other offence. For threat with a weapon, TCK Art. 106/2-a provides for imprisonment from two to seven years. Wounding with a weapon, under TCK Art. 86/3, is tried with an increased penalty without the need for a complaint; we have explained the details of these files on our Adana wounding offences lawyer page. If there is an allegation of killing or attempted killing with a weapon, you can refer to our Adana homicide lawyer page.

As Adana lawyers for unlicensed weapons, we also act as counsel for a person who has been threatened or wounded with a weapon. On the victim's side, the first step is to secure quickly the camera footage at the scene and the witness information, and to apply to the public prosecutor's office for the weapon to be seized.

The Court with Jurisdiction, HAGB and the Administrative Fine

The High Criminal Court has jurisdiction over offences requiring aggravated life imprisonment, life imprisonment and imprisonment of more than ten years; the remaining files are heard by the Criminal Court of First Instance (Law No. 5235, Art. 11, 12). Since the upper limit for the offence of weapons trafficking is twelve years, these files are heard before the High Criminal Court; as Adana lawyers for unlicensed weapons trafficking, we therefore prepare for the hearing according to the procedure of a High Criminal Court trial; for details, you can refer to our Adana high criminal court lawyer page.

Deferral of the announcement of the verdict (hükmün açıklanmasının geri bırakılması, HAGB) comes into play, under CMK Art. 231 as amended by Law No. 7589, for imprisonment of two years or less or a judicial fine. It requires that the defendant has not previously been convicted of an intentional offence, that the opinion is formed that the defendant will not commit an offence again and that any damage has been fully remedied; the supervision period is five years. In files concerning the carrying and possession of unlicensed weapons, whether the penalty remains below this limit depends on the paragraph applied and the grounds for reduction. As Adana lawyers for carrying unlicensed weapons, we therefore address the question of the paragraph before the HAGB assessment.

What Should You Look For When Choosing a Firearms Lawyer in Adana?

In choosing a firearms lawyer in Adana, the first criterion is that the lawyer does not express an opinion without seeing the search decision, the seizure record and the forensic examination report; in a weapons file, the paragraph of the offence is often determined by these three documents. Readers looking for the right unlicensed weapons lawyer in Adana should also bring to the first meeting the licence document and the record showing the validity date of the licence.

In our view, the right choice of a weapons trafficking lawyer in Adana is measured by the effort of working one by one through the communication records and base station information alleged to show the purpose of sale. For an unlicensed weapons lawyer in Adana, too, the criterion is not advertising but a command of the file that makes it possible to object to the forensic examination report where necessary. The bar association with which the lawyer is registered can also be found out by searching the bar association's roll (baro levhası).

The first thing readers looking for a weapons trafficking lawyer in Adana will hear from us is whether the file will remain within the scope of Article 13 or Article 12. As a weapons law office in Adana, at the first meeting we extract from the record, together with you, the type of weapon seized and the number of rounds; instead of promising a definite outcome, we explain this distinction with reasons.

How Our Office Works and the Lawyer's Fee

As an unlicensed weapons law office in Adana, at the first meeting in a weapons file we examine together the search record, the seizure record, the forensic examination report and the licence document, if any. We then assess which paragraph the offence falls under, the lawfulness of the search and the sufficiency of the forensic examination, and share the defence plan in writing.

We determine the lawyer's fee by a written agreement according to the stage of the file, the court with jurisdiction, whether an objection to the forensic examination is required and the number of hearings. In the agreement, we write separately the fee for a carrying and possession file heard before the Criminal Court of First Instance and for a trafficking file heard before the High Criminal Court. Under Attorneyship Law Art. 164, the attorney's fee may not be agreed below the minimum attorneyship fee tariff.

You can reach us about your weapons file in Adana 7/24 by telephone on 0507 007 0 927 or at destek@ybshukuk.com.tr. For other criminal files, you can review our Adana criminal lawyer, Adana drug offences lawyer, Adana fraud lawyer and Adana cybercrime lawyer pages.