Unlicensed Weapon Possession under Jordanian Law: Penalties, Confiscation and the Lawyer's Role
A weapons file may begin with a pistol its owner inherited from his father that sat in the house cupboard for years, or with a rifle that appeared at a wedding or a fight, and the possessor then finds himself facing a charge punishable by imprisonment for not more than three years with confiscation of the weapon, which may turn into a more serious criminal description depending on the type of weapon and the intent attributed to him. Possessing and carrying a weapon without a license are governed by the Firearms and Ammunition Law No. 34 of 1952 and its amendments, supplemented by provisions of the Jordanian Penal Code No. 16 of 1960 and its amendments. Because a single act may be read under more than one provision, with a penalty ranging from a fine to the most severe penalties in criminal legislation, the description that settles in the file from the first statements onward needs a lawyer specializing in criminal cases to follow it from day one.
1. The Legal Framework in Force
The Firearms and Ammunition Law No. 34 of 1952 remains the basic legislation governing the acquisition, carrying, trade and manufacture of weapons in the Kingdom, and various amendments have been made to it, including the paragraph that criminalized firing shots without cause. Over the past years, bills have been put forward to amend it substantially or replace it, some of which included abolishing licenses for automatic weapons. However, a draft does not apply to any act before it is issued as a law in force, and the reference in every file is the provision in force at the time the act was committed. Alongside it, the Penal Code operates with respect to carrying dangerous tools, firing shots and threatening with a weapon, and this overlap is the first thing the lawyer examines on receiving the file.
2. What the Law Considers a Weapon, and When Possession Becomes Unlicensed
Article 2 of the Weapons Law defines a weapon as any firearm of whatever type, and any part of it or spare part for it, so a disassembled part may fall within the definition. It defines an automatic weapon as machine guns of all kinds and weapons that fire more than one projectile with a single action, and excludes hunting rifles and pistols from it.
Article 3 allows members of the public to keep in their homes the rifles and pistols needed for their own use, on condition of obtaining a prior license from the Minister of Interior or his delegate before purchasing the weapon.
Article 6 provides that the license is personal and may be used only by the person in whose name it was issued, that it ends automatically on his death, and that the heirs must regularize their position in accordance with the provisions of the law within a specified period from the date of death. It prohibits granting a carrying or ownership license to anyone convicted of a felony or to anyone under twenty-one.
Here lies the danger with an inherited weapon: a weapon licensed in the name of a deceased father remains in the house without the position being regularized, and the heir ends up in a position of unlicensed possession while believing the weapon is licensed.
3. Table of Criminalized Acts and Their Penalties
The table brings together the main forms of criminalization in the two laws and the penalty for each as stated in the text:
| Act | Legal basis | Penalty | Fate of the weapon |
|---|---|---|---|
| Possessing or carrying a firearm without a license, and any other violation of the provisions of the law or its regulations | Article 11(d) of the Weapons Law | Imprisonment for not more than three years | Confiscated |
| Carrying a licensed weapon at weddings, funerals, celebrations and any gathering of more than ten people | Article 4(b) with Article 11(d) of the Weapons Law | Imprisonment for not more than three years | Confiscated |
| Manufacturing, importing, exporting or attempting to export firearms or ammunition without a license | Article 11(b) of the Weapons Law | Hard labor for not less than fifteen years | Confiscated |
| Manufacturing, importing, possessing, transporting, selling, buying or brokering a cannon or automatic weapon without a license, with intent to use it unlawfully | Article 11(a) of the Weapons Law | Among the most severe penalties in Jordanian criminal legislation | Confiscated |
| Firing a shot without cause or using an explosive substance without prior approval | Article 11(c) of the Weapons Law and Article 330 bis(1) of the Penal Code | Imprisonment for three months or a fine of one thousand Jordanian dinars (JOD), or both penalties | Confiscated even if licensed |
| Firing a shot without cause where it results in bodily harm, permanent disability or death | Article 330 bis(2) and (3) of the Penal Code | Imprisonment for not less than one year in case of bodily harm, temporary labor in case of permanent disability or the miscarriage of a pregnant woman, and temporary labor for not less than ten years in case of death, doubled on repetition or where there are multiple victims | Confiscated even if licensed |
| Carrying a prohibited weapon outside the home, including cutting, piercing or blunt instruments | Articles 155 and 156 of the Penal Code | Imprisonment for not more than six months and a fine of at most ten dinars | Not mentioned in Article 156 |
| Threatening by drawing a weapon | Article 349 of the Penal Code | Imprisonment for not less than six months, and not less than one year if the weapon is a firearm and the offender used it | Follows the final description of the act |
The table shows that what separates a misdemeanor punishable in months from one of the most serious felonies may be a single element: intent. Possessing an automatic weapon without a license remains within paragraph (d) unless the possessor is attributed an intent to use it unlawfully; if such intent is attributed, the file moves to paragraph (a). Proving or disproving this intent revolves around the evidence, its arrangement and challenging it before the court.
Practical note: The published versions of paragraph (a) of Article 11 differ in stating the penalty prescribed for it, which is why the lawyer relies on the official version of the law in force as published in the Official Gazette before building any position in the file, and it is a point on which circulated texts should not be relied upon without referring to the official source or consulting a specialist lawyer.
4. Even a Licensed Weapon May Expose Its Owner to the Law
A license does not protect its holder in every situation. Article 4 restricts the carrying of firearms in the centers of governorates, districts and municipalities and in police posts to specified categories, and prohibits the license holder from carrying his weapon during official celebrations, public parties, conferences, wedding processions and funerals, and at any gathering of more than ten people.
As for firing shots without cause, both laws provide for confiscation of the weapon used, even if it is licensed. Whoever fires shots at an occasion loses his licensed weapon and is prosecuted.
5. Edged and Blunt Weapons and Carrying Dangerous Tools
Article 155 of the Penal Code treats as a weapon every cutting, piercing or blunt tool or instrument and every tool dangerous to public safety, in addition to firearms. It treats pocket knives whose blade exceeds ten centimeters as weapons, unless they are originally intended for the carrier's profession or trade or for household use and he was carrying them for that purpose. Article 156 then punishes anyone who carries such a prohibited weapon outside his home.
Whether the act falls within the exception is a question of fact that the lawyer assesses in light of the carrier's profession and the circumstances of his arrest.
6. When Possession Is Combined with Another Crime
If the weapon was used to frighten a person, the act falls within the scope of Article 349 of the Penal Code, which is detailed in the article on threatening by drawing a weapon and its penalty. If one of the thieves was carrying a weapon, visible or concealed, this counts among the circumstances by which the theft provisions aggravate the penalty, as explained in the article on the crime of aggravated theft. And if firing shots led to a death, a delicate question arises as to whether the act is read under Article 330 bis or under the homicide provisions.
In all of this, the accused faces more than one charge for a single act. Knowing whether the charges will be heard together or only the most severe applied, under the rules on multiple offenses in the Penal Code, is itself a legal question that merits consultation, because the difference may be measured in years.
7. What the Lawyer Examines in a Weapons File
There is no ready-made defense that fits every weapons file. The lawyer begins with the legal description attributed to the client, and compares the type of weapon seized with the definition in Article 2 and with the technical examination report. He then reviews the arrest and search procedures, whether possession is correctly attributed to the client where the weapon is seized in a home or vehicle shared by more than one person, and the effect of any existing or expired license.
The course of many of these files is determined in the arrest report and the first statements. Do not make any statement about the source of the weapon or the purpose of possessing it before a lawyer is present, because a single phrase about the purpose may move the description from a misdemeanor to a felony.
Frequently Asked Questions
What is the penalty for possessing a weapon without a license in Jordan?
Article 11(d) of the Firearms and Ammunition Law punishes possessing a firearm without a license with imprisonment for not more than three years, with confiscation of the weapon. The penalty becomes much heavier for an automatic weapon if its possessor is attributed an intent to use it unlawfully.
What is the penalty for carrying a weapon without a license?
Carrying without a license is subject to the same penalty under Article 11(d), and even a license holder is prohibited from carrying his weapon at weddings and large gatherings under Article 4(b).
What are the consequences of possessing an unlicensed weapon?
Confiscation of the weapon, which is prescribed in all paragraphs of Article 11; the penalty according to the description; and additional charges if the possession is combined with a threat or firing shots. A felony conviction later prevents the person from obtaining a carrying or ownership license under Article 6(b).
What is the penalty for the misdemeanor of possessing edged and blunt weapons?
Article 156 of the Penal Code punishes anyone who carries a prohibited cutting, piercing or blunt instrument outside his home with imprisonment for not more than six months and a fine of at most ten dinars.
Does a weapon inherited from a father remain licensed?
No. A weapon license is personal and ends automatically on the death of its holder under Article 6, and the heirs must regularize their position within the period set by law; otherwise, the weapon remaining in the heir's hands becomes unlicensed possession.
What are the legal defenses in a firearm possession case?
There is no list of defenses that fits every file. The lawyer determines what is raised and when it is raised after studying the entire file, because a defense raised in the wrong place may be read as an admission that harms the defense.
Legal Consultation
Unlicensed weapons files are heavier than the word "misdemeanor" suggests; the weapon itself may lead to a fine or to one of the most severe felony penalties depending on its type, the intent attributed to its possessor and the charges combined with it, and confiscation applies in every case. This difference is decided by the description that settles in the file from its first days, and challenging it after it has settled is far harder than preventing it. This is why every weapons file merits defense in weapons cases and criminal cases, particularly where it involves firing shots that led to an injury, which is covered in the article on the crime of assault causing bodily harm under the Jordanian Penal Code, or to a death that raises the difference between premeditated murder and intentional homicide and death resulting from firing shots without cause. You can contact Alabwini Law Firm to study the file.
