Criminal possession of a weapon is the offense of unlawfully possessing a firearm or other weapon, treated in most jurisdictions as a public order crime rather than an offense against a specific victim. It is frequently charged as an added count when a separate violent offense involved a deadly weapon. Some possession offenses carry strict liability, while others require proof the weapon was possessed with intent to use it unlawfully; many jurisdictions allow a license or permit to authorize otherwise-restricted possession.
Facts
Classification CodeCriminal possession of a weapon is treated as a public order crime, classified as mala prohibita because the possession itself is not inherently wrongful but is restricted for the risk it creates of unlawful violence. 1 Elements of OffenseMost weapon possession offenses apply strict liability: merely being found by law enforcement with the weapon under the circumstances the law describes, whether simple possession, concealed carry or open carry, is itself a crime, with almost no defense other than proving the item is not an illegal weapon under the law's own definition. 1 Notable ExampleUnited States federal law under the Gun Control Act of 1968 names convicted felons, fugitives from justice, and unlawful users or addicts of a controlled substance among the classes of people barred from firearm possession. 1 Jurisdiction VariationUnited States federal law bars specific classes of people from possessing firearms under the Gun Control Act of 1968, a narrower simple-possession approach than nations that restrict entire weapon categories outright regardless of who possesses them. 1 Open Questions
Typical PenaltyNo single typical penalty exists; the penalty depends on the weapon class, on whether the offense is strict liability or requires specific intent, and on the jurisdiction.
The cited source surveys categories, exceptions and licensing rather than sentencing ranges, so no single typical penalty could honestly be stated as attested. Classification
Offense GradeMinor or Summary Offense 1 Connections
Has Offense Grade
Entity-backed identity for the offense-grade enum value this offense already carries, resolved to a crime concept by an explicit value-to-entity map (phase 3 bucket conversion, docs\design_entity_backed_browse_buckets_20260928.md). The offense-grade fact itself stays on the offense unchanged.
In the Other Atlases
Sources
1. Criminal Possession of a Weapon (Wikipedia)
Wikipediaen.wikipedia.org/wiki/Criminal_possession_of_a_weapon, lead paragraph
Such crimes are public order crimes and are considered mala prohibita, in that the possession of a weapon in and of itself is not evil.
lead section, paragraph 2
Such crimes are public order crimes and are considered mala prohibita, in that the possession of a weapon in and of itself is not evil.
Strict liability vs specific intent section
Merely being caught by law enforcement with the weapon in question under the circumstances described in the law (possession, concealed, or open) is a crime in and of itself, with almost no possible defense other than proving the item is not an illegal weapon within the law's definition.
Simple possession section, Gun Control Act intro
United States federal law, for instance, defines several classes prohibited possession of firearms under the Gun Control Act of 1968 (18 U.S.C. § 922(g) )
Simple possession section, prohibited-persons list
convicted felons (§ 922(g)(1))
fugitives from justice (§ 922(g)(2))
unlawful users or addicts of a controlled substance (§ 922(g)(3))
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