Article 263 of the Criminal Code of Ukraine — criminal liability for the storage and sale of weapons

As of 2025, Article 263 of the Criminal Code of Ukraine remains one of the key provisions used by law-enforcement agencies to combat the illicit circulation of weapons, ammunition, and explosives. At the same time, this area has been significantly affected by wartime regulation — in particular, special rules on civilian participation in Ukraine’s defense and mechanisms for voluntary surrender and declaration of weapons.

This article explains which actions are covered by Art. 263 CCU, what penalties apply for unlawful possession and sale of weapons, how the voluntary surrender mechanism works, how the parts of the article differ, and which defense arguments most often succeed in practice.

Disposition of Article 263 CCU

What it covers: carrying, possession, acquisition, transfer, sale

Part 1 of Article 263 CCU establishes liability for carrying, possessing (storing), acquiring, transferring, or selling firearms (except smooth-bore hunting weapons), ammunition, explosives, or explosive devices without the permit required by law. The sanction is imprisonment from 3 to 7 years.

Briefly about each action:

• Carrying — when a weapon/ammunition is on the person (in hands, clothing, a bag, etc.) outside a lawful storage place, with the possibility of rapid use.
• Possession (storage) — actual keeping of a weapon/ammunition in any place (apartment, garage, vehicle, a stash, etc.), regardless of duration.
• Acquisition — obtaining in any way: purchase, exchange, gift, “finding” and appropriating what is found, borrowing, etc.
• Transfer — handing over a weapon/ammunition to another person (even for free) so that the other person gains real ability to dispose of it.
• Sale — alienation for gain: selling “to order,” systematic sales, sales through acquaintances/online, postal shipments, etc.

For criminal liability, any one of these actions is sufficient (for example, mere storage without sale).

Objects of the crime: firearms (except smooth-bore hunting), ammunition, explosives

Article 263 CCU applies only to legally defined objects — not “items resembling weapons.” In practice, whether an item falls under the article is determined by a forensic expert examination (ballistics, explosives forensics, cold-weapon expertise). The expert report is one of the key pieces of evidence.

1. Firearms (except smooth-bore hunting weapons)
   • military weapons, sporting weapons, rifled hunting weapons;
   • pistols, revolvers, assault rifles, rifles, machine guns, etc.;
   • factory-made, improvised, or altered weapons.

Smooth-bore hunting weapons are excluded from Part 1 as an object of this crime; for violations related to their handling, other liability may apply (administrative offenses and/or other CCU provisions such as negligent storage under Art. 264 CCU, depending on circumstances).

2. Ammunition
   Cartridges for rifled weapons, shells, mines, grenades, rocket warheads, and other charged items fit for use.
3. Explosives
   TNT, dynamite, nitroglycerin, gunpowder, and other mixtures capable of explosion, including industrial or improvised analogues.
4. Explosive devices
   Factory-made or improvised items specially prepared to cause an explosion (mines, booby traps, tripwire devices, improvised “bombs”).

Subject and key conditions

The subject of the offense is a sane natural person who has reached 16 years of age.

Key conditions:

• Form of guilt — direct intent: the person understands they handle a prohibited item and lack the required permit, yet still carries/stores/transfers/sells it.
• “Without a permit required by law” — a mandatory element. If the handling is lawful (proper registration/authorization, or lawful wartime declaration mechanism), Art. 263 may not apply.
• Actual control — the item must be under a person’s control (on the body, in a car, in a stash the person controls, etc.).

Parts of the article and practical qualification

Part 1 — firearms, ammunition, explosives

Part 1 is the basic and most frequently used provision: unlawful carrying, storage, acquisition, transfer, or sale of firearms (except smooth-bore hunting weapons), ammunition, explosives, or explosive devices without the required permit. Sanction: 3–7 years’ imprisonment.

Typical scenarios include:

• keeping “trophy” weapons/ammunition found in a combat zone without declaration or surrender;
• buying/selling pistols or rifles through acquaintances or online;
• long-term storage of a found pistol with no attempt to report or surrender it.

Part 2 — cold weapons

Part 2 provides liability for unlawful handling of cold weapons (e.g., daggers, “Finnish” knives, knuckle-dusters, and other items recognized as cold weapons by expert examination), without the required permit.

Compared to Part 1, the sanction range is wider and may include:

• a fine (commonly described in the sanction as a range in non-taxable minimum incomes),
• community service,
• probation supervision / restraint of liberty (depending on the statutory wording applied by the court),
• or imprisonment for up to 3 years.

In one-off, non-dangerous situations, courts often impose non-custodial sanctions; however, a conviction still remains a serious legal consequence.

“Large scale,” group, repeat — how courts treat it

Article 263 itself does not contain separate “qualified parts” for “large scale,” “group involvement,” or “organized group.” In practice, these factors:

• are considered when sentencing (as aggravating circumstances under general CCU rules);
• may create concurrence of crimes (e.g., Art. 263 + Art. 262 (theft of weapons), Art. 263-1 (illegal manufacture/alteration), Art. 410 (theft of weapons by servicemembers), etc.).

Where systematic sales or organized channels are proven, courts typically impose terms closer to the upper limit of the sanction, and additional articles may dramatically increase total exposure.

Sanctions under Article 263 CCU

Part 1: imprisonment only (3–7 years)

For Part 1, the sanction is imprisonment for 3 to 7 years. The article does not provide “soft” alternatives (fine/community service) for firearms/ammunition/explosives cases.

In practice, courts usually assess:

• quantity and type of items seized, and their origin (found, “trophy,” purchased, stolen, improvised);
• whether there was evidence of sale/intent to distribute or “passive” storage;
• post-detention behavior: remorse, cooperation, voluntary disclosure of caches, etc.;
• personal circumstances (family, health, employment, military service/volunteering, awards).

Many outcomes in Part 1 cases are shaped through plea agreements, but the agreed term must remain within the 3–7-year framework.

Part 2: flexible sanctions, but risk rises with concurrence

For Part 2 (cold weapons), the court has broader options — from non-custodial sanctions to imprisonment up to 3 years. However, if a cold weapon is linked to violence offenses (robbery, hooliganism, threats, etc.), the case is often qualified by concurrence, which significantly increases custodial risk.

Seizure of items and additional measures

Article 263 does not establish “mandatory confiscation of all property,” but:

• weapons, ammunition, explosives, and devices are seized as physical evidence and later destroyed or transferred to authorized bodies;
• equipment and devices used for sale/transport may be seized under procedural rules and, in certain cases, forfeiture may arise under other articles or as a procedural consequence.

Key application points in wartime

Voluntary surrender — when it excludes criminal liability

Part 3 of Art. 263 CCU provides that a person who committed acts under Part 1 or Part 2 is not subject to criminal liability if they voluntarily surrendered weapons, ammunition, explosives, or explosive devices to the authorities.

In practice, “voluntary surrender” means:

• the person had a real ability to continue storing the item but chose to turn to the authorities and hand it in of their own will;
• handing over an item during a search, at a checkpoint, or after it becomes obvious the item is about to be discovered is usually not treated as voluntary surrender.

If a person has found or stored weapons/ammunition without authorization, proactive surrender (with a written statement and proper documentation of handover) is the strongest way to avoid a criminal case under Art. 263.

Permits vs wartime declaration/registration

Art. 263 operates through the criterion “without the permit required by law.” In wartime, the analysis often turns on whether a person complied with special wartime rules on civilian participation in defense and the relevant declaration/registration requirements for weapons.

Practical logic is simple:

• declared/recorded weapons in line with wartime procedures are typically treated differently than “hidden” weapons;
• non-declaration, concealment, transfer/sale of such items can push a case back into Art. 263 territory.

Online sales, controlled buys, digital evidence

Sales are increasingly proven through:

• messenger correspondence (Telegram, etc.), saved chats and screenshots;
• bank transfers, receipts, and payment trails;
• controlled buys, surveillance, body-cam/CCTV video;
• search and seizure protocols and chain-of-custody documentation.

Defense work focuses on lawfulness and admissibility:

• whether covert actions and searches were properly authorized and documented;
• whether the chain of custody for seized items was preserved;
• whether each seized object has a proper expert conclusion (what it is, whether it’s fit for use).

How to protect your rights when charged under Art. 263

Check the elements: what was seized, what the expert says, who controlled it

Many cases turn on “technical” but decisive questions:

• Is it actually a firearm/ammunition/explosive? Items can turn out to be replicas, non-firearms, or objects that do not meet legal criteria after expert analysis.
• Is it fit for use? The condition and functionality may affect how the case is argued and what alternative qualifications are possible.
• Was there actual control? “Access” and “control” (keys, exclusive access, ownership of premises/vehicle) often become key disputes.

Procedural violations: searches, seizures, protocols

Typical violations that can lead to evidence being excluded include:

• a search without a proper court warrant (or exceeding the warrant scope);
• defective protocol drafting, lack of required video recording where it was mandatory/expected;
• formal or improper use of attesting witnesses;
• timeline manipulation and inconsistencies in protocols (“back-dated” actions).

If the core evidence is ruled inadmissible, the prosecution’s case may collapse or become materially weaker.

Attorney’s role and strategy

In Part 1 cases, even the minimum sanction is a real custodial term, so early defense is critical. A criminal defense lawyer typically focuses on:

• participation in investigative actions (searches, questioning), preventing self-incrimination and procedural “traps”;
• initiating and controlling expert examinations (ballistics, explosives, cold-weapon expertise);
• motions to exclude unlawfully obtained evidence;
• assembling mitigation materials (references, employment, health, military/volunteer contribution);
• evaluating whether a plea agreement is reasonable, or whether an acquittal strategy is realistic.

FAQ

What actions fall under Article 263 CCU?

Unlawful carrying, storage (possession), acquisition, transfer, or sale of firearms (except smooth-bore hunting weapons), ammunition, explosives, and explosive devices without the required permit. Part 2 covers unlawful handling of cold weapons without the required permit.

What is the maximum sanction under Art. 263?

For Part 1 — up to 7 years’ imprisonment. For Part 2 — up to 3 years’ imprisonment (with alternative sanctions possible). If there is concurrence with other crimes, overall exposure may be higher.

Can I avoid liability by voluntarily surrendering the weapon?

Yes. Under Part 3, voluntary surrender of weapons/ammunition/explosives or devices can exclude criminal liability for acts under Part 1 or Part 2 — provided surrender is truly voluntary and occurs before the item is effectively discovered by authorities.

Does “large scale” exist as a qualifying feature in Art. 263?

No. Art. 263 does not contain a “large scale” qualifier. However, the amount and the context (systematic sales, group involvement) are considered in sentencing and may lead to concurrence with other articles, increasing the overall punishment.

Does Art. 263 apply to smooth-bore hunting weapons?

Part 1 explicitly excludes smooth-bore hunting weapons as an object of the crime. However, violations related to such weapons may still trigger other forms of liability depending on the facts.

How we can help

If you or your relatives are facing pre-trial investigation under Art. 263 CCU, act quickly: early procedural steps often determine the outcome. The lawyers of Pravovyi Lider will assess your situation, audit the legality of investigative actions, ensure necessary expert examinations, develop a defense strategy, and represent you at all stages — from the first investigative action to trial and appeal.

Contact us via the website form for a confidential free initial consultation and an individualized action plan.