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FIREARMS · POSSESSION & CARRYING

Criminal Defence: Firearms Possession and Carrying Offences (Art. 189 bis APC)

In firearms cases, what defines the outcome is not the account: it is the evidence and, above all, its lawfulness. Procedural records, lay witnesses, where the firearm was located, whether there was ammunition, whether the firearm was capable of firing, how the seizure was conducted and whether the procedure respected constitutional safeguards. A technical, early and coherent defence can transform the case entirely.

Immediate checklist (to avoid making things worse)

  1. Do not make any statement without legal advice: a single poorly worded phrase can lock in the charge without robust technical evidence being needed.
  2. Request copies of all records: procedural records, seizure documents, witness details and anything signed or formally noted at the time.
  3. Map the context: where the firearm was, whether it was accessible, whether there was ammunition, and whether a personal search or property search was conducted — so that lawfulness can be assessed.
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What is actually contested in these cases — and what must be reviewed

The charge may simply state “in possession of a firearm”, but the case file has layers: location, accessibility, ammunition, expert assessments, procedural records, lay witnesses and, above all, how the evidence was obtained — through a personal search, a vehicle search, a property search or a seizure.

For that reason, the defence is built around precise questions: was the firearm ready for immediate use, or was it being transported? Is the seizure correctly documented? Does the operability assessment confirm the firearm was capable of firing? Was there a proper chain of custody? Does the record match what the lay witnesses and any CCTV footage show?

Typical defence strategy: key lines of argument

  • Possession vs. carrying: contesting whether immediate availability for use has actually been proved, and in what context.
  • Operability assessment: whether the firearm was fit to fire, a replica, an air weapon or mechanically defective.
  • Ammunition: quantity, intended use, connection to the firearm and lawfulness of the seizure.
  • Procedure: personal search, vehicle search or property search; lay witnesses; records; constitutional limits and nullities.
  • Control and knowledge: “it is not mine”, inherited or borrowed firearm, who actually had effective control of it.

Related content (for mixed cases)

Quick questions

Do I have to make a statement?

Do not make any statement without legal advice. In firearms cases, a single poorly worded phrase can “close” the charge without any robust technical evidence being required.

Unloaded firearm in the car?

What matters is where it was, whether it was accessible, whether there was ammunition and what the record says. That is what gets litigated — with evidence.

Inoperable firearm or replica?

The operability assessment and the chain of custody are central: they can change the charge classification entirely.

If there is a detention

There are immediate steps available: custody review, habeas corpus and a strategy to avoid pretrial custody.

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We do not improvise: we know prosecution and judicial criteria. To see how comparable cases have been resolved, visit our Criminal Case Law Library.

How we approach these cases

We begin by mapping the case: charge classification, procedural risk and available evidence. We then define a plan — what to request, what to challenge and how to maintain a coherent strategy from minute one.

1) Precise reading of the case file

Records, lay witnesses, seizures, expert assessments. Where the contradictions are and what evidence still needs to be produced.

2) Evidence plan and oversight

CCTV footage and witnesses, evidence preservation, objections to expert assessments and chain of custody oversight.

3) Procedural strategy

Early measures, alternatives and technical litigation tailored to the stage of the proceedings and the procedural risk.

4) Trial defence

Theory of the case, evidentiary challenges and trial preparation if the case escalates to oral proceedings.

Frequently Asked Questions

In practical terms, possession is typically at issue when a firearm is found in a permitted setting (for example, a home), whereas carrying without authorisation is charged when the prosecution argues the firearm was immediately available for use in a public space. The charge classification changes the strategy and the evidence required.

It depends on how it was being transported, where it was located, whether there was ammunition present, whether it was accessible for use and what the police record states. The defence focuses on the specific context, the mode of transport and what the evidence actually shows about immediate availability for use.

The key issue is knowledge and control of the firearm: whether the person knew it was there and could make use of it. Many cases are contested on the basis of insufficient evidence of ownership, knowledge or effective control of the weapon.

It can be relevant, but it does not resolve everything automatically: the validity of the registration, the firearm’s category, the applicable conditions and the specific conduct are all reviewed. Where there are administrative irregularities, the defence works to prevent them from becoming a criminal law problem. ANMaC is Argentina’s National Registry of Firearms and Ammunition.

These are technical categories that affect the seriousness of the charge and how the classification is litigated. The defence reviews the charge framing, the expert evidence and whether the charge actually corresponds to the type of firearm seized.

It is the technical examination of whether a firearm is capable of firing. If the firearm is inoperable, a replica or an air weapon, the charge classification may change significantly. Overseeing the expert assessment and the chain of custody is central to the defence.

It can happen. The quantity, context, lawfulness of the seizure and the scope of the applicable offence are all contested. The defence typically focuses on evidentiary weaknesses and procedural oversight.

The warrant, its scope, the lay witnesses present, the detail of the seizure record and the chain of custody all need to be reviewed. If there were excesses or procedural defects, nullity applications and exclusion of the evidence obtained can be pursued.

It depends on the case, the registration status of the firearm and the judicial decision. In some cases the return or deposit of the firearm can be arranged; in others, forfeiture is at issue. The case file and the appropriate procedure are reviewed on a case-by-case basis.

Possession or carrying charge? Was there a seizure, personal search or property search?

In firearms cases, the difference between a charge that sticks and one that can be dismantled usually comes down to the evidence and the procedure. Let us coordinate a strategy based on the stage of the proceedings, the evidence and the procedural risk.

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