Pojęcie broni palnej w art. 263 Kodeksu karnego i w ustawie o broni i amunicji
Concept of firearms under Article 263 of the Penal Code and the Law on weapons and ammunition

Summary/Abstract: The purpose of the paper is to show the formation of the statutory concept of “firearm” in Polish law, as well as the evolution of responsibility for its illegal possession. Designees of the term “firearms” are not only weapons manufactured in the factory but also other objects that can be used as weapons (forensic concept of weapons). This issue is important because of the work on a new law on weapons that have been going on for several years. The adoption of a correct, understandable definition is crucial for criminal liability. It is also important to correctly define the notion of ‘possession’ of a weapon, which still raises doubts in judicial decisions. In Poland the Law on Weapons and Ammunition in interpreting the notion of arms and firearms is unclear. It refers to concepts that are difficult to define. A historical look at Polish regulations relating to the possession of weapons by civilians, not servicemen, shows the progressive complication of these regulations, which does not correspond with the complication of reality. The current law has 56 very extensive regulations, and in terms of definitions, no citizen without specialized training will understand it. In turn, specialists in forensic science present different views on what is and what is not a weapon, especially when it comes to firearms. This contradicts basic principles of proper legislation and makes it virtually impossible for citizens to understand the applicable law, which is important, especially in the context of criminal liability for firearms possession. The authors presented a dogmatic analysis of the current law, referring to the concepts of forensic definitions of weapons. They also used the historical analysis of the regulations concerning the possession of firearms by citizens, starting from the interwar period. Finally, they analyzed the jurisprudence of Polish courts, both administrative (gun permits) and criminal (the crime of illegal possession of weapons).

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