Attorney 263 KKU Carrying, storage, sale of firearms

Illegal possession of weapons

Unlawful possession of a weapon is a violation of the law when a person holds or possesses a weapon without the necessary permits or licences. This may include actions such as possessing a weapon without a licence, holding a weapon that has been lost or stolen, improper storage that poses a danger to others, or possession of a weapon by persons who are not entitled to possess it, such as convicted criminals or persons with mental disabilities. Depending on the laws of each country or region, the consequences for such actions can range from fines to imprisonment.

In Ukraine, illegal handling of weapons is a serious offence and carries with it appropriate consequences under criminal law. Weapons are regarded as an object that can cause serious harm, and their possession and storage is regulated by strict laws.

According to the Criminal Code of Ukraine, illegal possession of weapons may have different qualifications depending on the circumstances of the case. In particular, liability for such a violation may include administrative fines, or in the case of serious violations, criminal liability, which includes imprisonment.

If you need specific information on the law or the consequences of illegal possession of weapons in Ukraine, I recommend that you contact a professional lawyer or human rights organisation. According to the Criminal Code of Ukraine, illegal possession of weapons is regulated under the section "Crimes against public security" (Articles 263-266). The specific articles that may be applied in the case of illegal possession of weapons may vary depending on the circumstances of the case and the nature of the offence.

Here are some articles that may be applicable in such cases:

• Article 263 of the Criminal Code of Ukraine "Illegal manufacture, acquisition, storage, transportation, transfer, sale, or manufacture for sale or mediation of military equipment, weapons, ammunition, explosives or explosive devices" - this article provides for liability for illegal storage of weapons, among other actions.
• 263 part 1 of the Criminal Code of Ukraine "Illegal handling of weapons, ammunition or explosives" - this article deals with illegal possession, transportation, transfer or other illegal handling of weapons.
• Article 263(2) of the Criminal Code of Ukraine "Illegal handling of explosive devices or explosive substances" - this article deals with illegal possession, transportation, transfer or other illegal handling of explosive devices or substances.
•  Part 3 of Article 263 of the Criminal Code of Ukraine "Illegal possession of weapons, ammunition, explosives or explosive devices, if they are stored without the purpose of protecting legitimate interests, or in violation of the established rules for their storage, shall be punishable by a fine of twenty to fifty tax-free minimum incomes, or restraint of liberty for a term up to three years, or imprisonment for the same term."

Thus, according to this article, illegal possession of weapons, ammunition, explosives or explosive devices, if they are stored without the purpose of protecting legitimate interests or in violation of the established rules for their storage, may be punishable by a fine of twenty to fifty tax-free minimum incomes, restraint of liberty for up to three years, or imprisonment for the same term.

Legal steps

When considering the issue of unlawful handling of weapons, ammunition or explosives, a lawyer may perform several key stages:

1. Consultation with the client: The first stage is a conversation with the client to clarify all the circumstances of the case and obtain all available information about the situation. Analysis of evidence and legislation: The lawyer conducts a detailed analysis of the evidence and studies the relevant legislation, including the Criminal Code of Ukraine and other relevant regulations.
2. Development of a defence strategy: Based on the analysis of the data, the lawyer develops a defence strategy for his client. This may include identifying possible defence options and preparing for litigation.
3. Representation in court: When necessary, a lawyer represents his client's interests in court. He or she may participate in court hearings, draft documents, submit inquiries and argue the client's position before the court.
4. Filing appeals: If necessary, a lawyer can file an appeal if the client does not agree with the court's decision or other legal issues arise. Further advice and support: After the trial is over, the lawyer can advise the client on how to proceed, including the possible consequences of the court's decision and compliance with the terms of the sentence.

Under what conditions can the service be provided?

The service of providing legal assistance in the matter of illegal possession of weapons can be provided in various situations, in particular:

• The need for defence in court: If a person has been charged with illegal possession of weapons and needs defence in court.
• Consultation and advice: If a person has questions about their rights and responsibilities in the context of gun laws and the dangers of illegal possession. Representation before law enforcement agencies: Assistance in communicating with the police or other law enforcement agencies during an investigation.
• Preparation of documents: Drafting the necessary legal documents, such as appeals, lawsuits or other documents related to the case.
• The terms of service may vary depending on the particular law firm or lawyer, as well as on the client's specific situation and needs. It is important to discuss all the details with a potential lawyer or legal aid professional before entering into any agreements or starting work on a case.

Under what conditions can the service not be provided?

There are several situations when a legal service may be limited or even impossible to provide:

1. Conflict of interest: If the potential client has a conflict of interest with the potential lawyer or law firm, for example, if the lawyer is already representing the other party in the case, which may create a conflict of interest.
2. Lack of competence: If the lawyer or lawyer does not have sufficient competence or experience in the matter requiring legal assistance. For example, if the case requires specialised knowledge in the field of criminal law, and the lawyer specialises in civil law.
3. Conflict with the law: If the provision of legal aid contradicts the relevant legislation, for example, if a lawyer is not allowed to represent a person in a particular type of case due to restrictions imposed by law.
4.  Financial restrictions: If the client is unable to pay for legal services due to financial constraints or lack of access to financial resources.
5. Refusal of services: If a lawyer or associate decides to refuse to provide services due to their own considerations, such as incompatibility or refusal to work on a particular case.

How to figure it out on your own?

Although it can be difficult to understand the legal issues under Article 263 of the CCU on your own, some steps can help you understand your rights and obligations in case of illegal possession of weapons:

• Research the legislation: Familiarise yourself with the relevant legislation governing the possession of weapons in your country or region. This may include the Criminal Code, Firearms Act, and other relevant laws.
• Understand your rights: Understand what rights you have under the law in your situation, as well as what responsibilities you have. Explore the possible consequences: Understand the possible consequences of illegal gun possession in your country or region, including administrative fines, criminal liability, etc.
• Consultation with a lawyer: If you are unsure of your knowledge or have questions, it is best to contact a professional lawyer or human rights organisation for advice.
• Collecting evidence: If the case is already in court, collect all the evidence and documents that can support your position under Article 263 of the CCU.
• Preparing for the trial: If you are preparing for a trial, familiarise yourself with the court procedures, understand your rights in court and prepare arguments to support your position.

Frequently asked questions

What does the cost of services depend on?

The more complicated the case of Article 263 of the CCU, the more time and effort is usually required to consider the case. The complexity may be determined by such factors as the amount of evidence, the amount of work and the level of disputes. The cost of the services may also depend on the level of experience and qualifications of the lawyer or attorney. More experienced and highly qualified lawyers may charge higher fees for their services. Some services may include additional costs, such as court costs, research costs, etc.