According to Iranian law, carrying weapons without a license and illegally is considered a crime. This punishment will be different according to the type of illegal weapon and how it is used. Are you familiar with the definition and types of cold weapons, ammunition and firearms? Do you know Carrying a weapon? Or are you familiar with the crime of carrying a gun? Join us to fully answer your questions.
What is a weapon?
By definition, a weapon is something that is used for fighting and fighting. The meaning of this word can change according to time, place and custom. For example, what is considered a weapon in one country may not be banned in another country or continent.
The need to enact a law for the crime of carrying weapons
In a society, rules and regulations seek to maintain the safety and peace of people. It is natural that if strict laws are not established in a country regarding arms trafficking and its use, the society will experience chaos and insecurity in a short period of time. As a result, the legislator considers many restrictions for transportation and storage and imposes a heavy punishment such as imprisonment for those who break the law. The law of carrying and keeping weapons in our country is so important that no person is allowed to carry a weapon even to protect his life and his relatives, and if he behaves against the law, he will be subject to the criminal law of carrying a weapon.
Maybe you are one of the people who think it is better to have a cold weapon with you or in the vehicle, but statistics show that carrying and keeping weapons includes about 40% of murders. About 60% of these murders also occurred unintentionally; It means that the person lost control due to anger and used a cold or hot weapon with him.
What are known as cold and hot weapons?
At the beginning of the article, we should know what are cold weapons and what are firearms? A cold weapon is a weapon whose use does not cause flame, heat or sound, and its impact on the body can lead to problems and injuries such as bleeding, tearing, temporary, permanent disability, or even death. Weapons such as knives and machetes, boxing gloves and swords are considered cold weapons. Also, weapons that are used in the armed forces for personal defense and hand-to-hand combat, such as bows and arrows, trench knives, and bayonets, are considered cold weapons.
A firearm is a weapon in which the force of gunpowder gas is used. Of course, these weapons can also be used manually. In firearms, bullets, which are the main cause of injury, are fired singly or in a volley towards the target. Using this weapon can also lead to death, disability, bleeding and tearing of body parts. Firearms are divided into three categories: light firearms, semi-light firearms, and heavy firearms. Firearms are also classified into automatic and non-automatic weapons in terms of how they are used. In its automatic version, by pressing the trigger once, the gun continues to shoot. After using this weapon once and shooting to restart, the trigger must be pulled again.
Licensed firearms
In addition to the fact that carrying, keeping and using cold and hot weapons is considered a crime, there are also firearms that can be licensed and used legally. A hunting weapon such as a crossbow is one of the weapons whose use and maintenance must have a license with a valid date. It is natural that this weapon should never be used for humans and in society, and it is included in the criminal laws of carrying weapons. Its use is only allowed to hunt certain animals. After the expiration of the weapon license, its owners must extend its time. If the person does not renew it until 3 months after the expiration of the time, the weapon is considered illegal and the person must pay a fine of 1 million to 2 million tomans.
It should be noted that the owners of hunting weapons are not allowed to make any changes in it and doing this is considered a crime. According to article 10 of the law, “anyone who tries to change the barrel, caliber and movable devices of any type of weapon or forges the mark and logo of a weapon, will be sentenced to pay a fine of 20 million to 80 million rials according to the penal law.“
What is the crime of carrying a gun and the punishment for carrying a firearm?
The crime of carrying a firearm and using it, as mentioned above, can be different according to the type of weapon and its use. The penal law for carrying and keeping firearms is as follows:
- The punishment for carrying a non-automatic light firearm, its effective parts or ammunition is imprisonment from 6 months to 2 years or a fine of 20 million to 80 million Rials.
- The punishment for carrying light automatic firearms, their effective parts or ammunition is from 2 to 5 years of imprisonment.
- The punishment for carrying heavy and semi-heavy firearms, their effective parts or ammunition is from 5 to 10 years of imprisonment.
What is the punishment for carrying a cold weapon?
This question may have occurred to you, whether the carrying and possession of cold weapons is also considered a crime, or only their use will result in the application of the penal law? According to Article 4 of the Penal Law, the purchase, carrying, and possession of cold and hot weapons are not different from each other, and according to Article 6 of the Law, the criminal will be sentenced to imprisonment from 91 days to 6 months and a fine of 1 million to 2 million Tomans. . Of course, these cases are separate according to the degree of aggravation of the crime and will include their own punishment. It should be noted that if the number of guns is more than one, it will be aggravated by one degree depending on the case.
What is Mohareb and who is Mohareb?
One of the important cases in the criminal law of carrying weapons is moharebeh. Moharebeh means drawing any weapon, whether hot or cold, that is used to kill people’s lives, property, or honor, and to create insecurity. It should be noted that the meaning of the people is the general public and the creation of insecurity in the public environment; In other words, if a person pulls a gun on only one or a certain number of people with the intention and motivation, and his action does not have a public aspect, or if he pulls a gun on the people but does not lead to the deprivation of public safety due to incapacity, he will not be recognized as a combatant. According to the constitution, based on the type of crime, the judge can consider one of the following 4 punishments for Muhareb:
- Amputating the right hand and left leg
- execution
- exile
- Crucifixion
Punishment for smuggling illegal weapons
In addition to carrying and keeping weapons, its smuggling is also considered a crime and will be punished like the crime of carrying weapons. According to Article 5 of the law, smuggling and buying and selling weapons will result in the following punishment:
- All kinds of hunting weapons, melee weapons and all kinds of ammunition and their parts will result in imprisonment from 6 months to 2 years.
- Non-automatic firearms and all types of ammunition and their parts will result in imprisonment from 2 to 5 years.
- Automatic light weapons, all kinds of ammunition and their parts will bring from 5 to 10 years in prison.
- Heavy and non-heavy firearms, all types of ammunition and their parts will result in imprisonment from 10 to 15 years.
Is the crime of carrying a gun forgivable?
According to the law, if the criminal cooperates with the military and law enforcement officers and helps them in discovering the ammunition and identifying the deputies, at the discretion of the investigating judicial authorities, the punishment of the convicts can be reduced. Of course, it is better to avoid carrying and keeping a weapon so that you do not use it under any circumstances, even when you lose control.
The role of the lawyer in reducing the punishment for the crime of carrying a gun
The help of a lawyer to reduce the punishment should be your first and most important action. A professional lawyer considers all the rules. He will convince the court to consider the least punishment for you by presenting documents. At Dadista Law Firm, 15 experienced and professional lawyers in the field of criminal crimes are ready to serve you dear ones.