Unlawful acquisition, storage, carrying, manufacture, transportation, sending or sale of firearms, ammunition, explosive substances or explosive devices is punished by Article 236 of the Criminal Code of Georgia. The title of the article excludes smooth-bore hunting firearms — shotguns. This charge often appears in multi-count cases, and its correct qualification — which part corresponds to the concrete act and object — directly determines the measure of punishment.
This page offers a complete analysis of Article 236: which acts are punishable, what the sanction is under each of the six parts, and what opportunities the defense has. Every figure is taken solely from the statutory text of this article.
Article 236: the punishable acts
The article covers the following acts with respect to firearms, ammunition, explosive substances or explosive devices: unlawful acquisition, storage, carrying, manufacture, transportation, sending and sale. Part 1 separately treats the unlawful acquisition or storage of hunting or sporting firearms or ammunition designed for such weapons — this is the lightest element of the offence.
The exact definition of the object is a central question on this article: the title of the article excludes smooth-bore hunting firearms — the shotgun; Part 1 separately treats hunting or sporting firearms and ammunition designed for them; the remaining parts concern other firearms, ammunition, explosive substances or explosive devices. Which part the charge falls under is thus answered directly by what object is in the case and what act was committed with respect to it — acquisition, storage, carrying, manufacture, transportation, sending or sale.
Sanctions under all six parts
The article is divided into six parts, each with its own sanction:
- Part 1 — unlawful acquisition or storage of hunting or sporting firearms or ammunition designed for such weapons: a fine, or house arrest for a term from six months to two years, or imprisonment for a term of up to two years;
- Part 2 — the act provided for by Part 1, committed by a group or repeatedly: imprisonment for a term from two to five years;
- Part 3 — unlawful acquisition or storage of firearms (other than those provided for by Part 1), ammunition (other than that provided for by Part 1), explosive substances or explosive devices: imprisonment for a term from three to six years;
- Part 4 — unlawful carrying of these objects: imprisonment for a term from four to seven years;
- Part 5 — unlawful manufacture, transportation, sending or sale: imprisonment for a term from six to nine years;
- Part 6 — an act provided for by Part 3, 4 or 5, committed by a group or by a person previously convicted under one of those parts: imprisonment for a term from eight to eleven years.
The sanction thus depends directly on the object (hunting or sporting weapon versus other firearms, explosives), on the type of act (acquisition or storage, carrying, sale) and on the circumstances (group, repetition, previous conviction). Note the structure: Part 1 also provides a fine, while Part 2 and every subsequent part provide only imprisonment. Part 6 is especially severe — including for persons already convicted under the corresponding parts, where the sanction reaches eight to eleven years.
Voluntary surrender and release from liability
The article carries a note: a person who voluntarily surrenders the objects provided for by this article is released from criminal liability, provided that his conduct does not contain signs of another crime. This norm is often decisive for a person who unlawfully keeps or carries a weapon — but its application requires, together, an assessment of the concrete circumstances of the objects and of the absence of signs of another crime, which is why a consultation with a lawyer is necessary before this step. Often a case contains several charges at once, and the application of one norm does not cancel the others; the lawyer will help you take this step in a way that maximally protects your interests.
How the defense works on this article
In this category the lawyer usually verifies: which part the charge falls under — the type of object and the content of the act are often misqualified; whether a lawful basis for acquisition or carrying existed; whether the features of group commission or repetitiveness are present; and whether the application of the voluntary-surrender norm is realistic. The permit rules for weapons are defined outside the text of this article and are assessed in the concrete case.
An additional direction is the quality of the evidence: most such cases are built around searches, surveillance or the testimony of co-participants. The lawyer checks the lawfulness and sufficiency of each of them — and where the prosecution cannot prove the type of object or act, the exclusion of the corresponding part must be demanded there.
Consultation at Legal.ge
A case under Article 236 begins with a fine and reaches eleven years of imprisonment — this wide range means that work on the qualification is always worthwhile. If the charge concerns you or a relative, contact Legal.ge: an experienced lawyer will assess your situation against every part of the article and build a defense plan.