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Possessing firearms or explosives without a permit: statutory penalty and likely requested sentence

The statutory penalty for Possessing firearms or explosives without a permit and the likely handling of the case depending on your circumstances. The results are for reference only.

Statutory penalty
Pistols, rifles, hunting guns, air guns, etc.: 3 to 15 years in prison or a fine of KRW 30 million to KRW 100 million / Other firearms and explosives: up to 10 years in prison or a fine of up to KRW 50 million
Legal basis
Act on the Safety Management of Guns, Swords, Explosives, etc., Articles 70(1)(2), 70-2(1)(2) and 12(1)
Category
Other · Act on the Safety Management of Guns, Swords, Explosives, etc.

Calculate with your own circumstances

What was it?
Was it for a criminal purpose, connected to organized violence, or a .22 caliber rifle for killing?
Is the danger very low, for example because it has little capacity to kill or injure?
Answer all 3 questions and the estimate appears right away. (0/3)

What the handling steps mean

  1. Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
  2. Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
  3. Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
  4. Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
  5. Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service

Handling standards at a glance

Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.

  1. Detention considered

  2. Summary fine

    Likely fine
    KRW 30 million or more

    Because the statutory penalty was raised, a fine must also be KRW 30 million or more.

  3. Summary fine

    Likely fine
    KRW 2 million or more
  4. Formal trial (prison sentence requested)

    Likely requested sentence
    3 years or more in prison

    The statutory minimum is 3 years.

  5. Formal trial (prison sentence requested)

    Likely requested sentence
    1 year 6 months or more in prison

    A formal trial is the rule.

Notes

  • Attempts are also punished.
  • A 2018 amendment sharply raised the statutory penalty for pistols, rifles, hunting guns, air guns, etc. to 3 to 15 years in prison, so the actual handling may be heavier.

Frequently asked questions

Possessing firearms or explosives without a permit: what is the statutory penalty?
Legal basis: Act on the Safety Management of Guns, Swords, Explosives, etc., Articles 70(1)(2), 70-2(1)(2) and 12(1). Statutory penalty: Pistols, rifles, hunting guns, air guns, etc.: 3 to 15 years in prison or a fine of KRW 30 million to KRW 100 million / Other firearms and explosives: up to 10 years in prison or a fine of up to KRW 50 million.
Possessing firearms or explosives without a permit: how is the case usually handled?
Depending on the circumstances, it may be handled as follows: Detention considered, Summary fine, Formal trial (prison sentence requested). Enter your circumstances in the calculator above to see which one applies.

Other crimes in the same category

See the full list of crimes

This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.

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