KÜHEYLAN HUKUK
Cancellation or Non-Issuance of a Weapon License: Legal Action in the Administrative Court Against the Governorate's Action Situations preventing the license, keeping the gun in custody during the prosecution and the current approach of the Council of State This guide has been prepared in accordance with the current version of Law No. 6136, Article 7, Regulation on Firearms, Knives and Other Tools, Article 16 and the jurisprudence of the Council of State as of October 2026.
According to the Council of State, a license to carry or possess a gun is not a fundamental right granted to everyone. The Governorship has a wide discretionary power, but this authority is limited to the provisions of Law No. 6136 and Regulation.
The process of not granting, non-renewing, canceling the license or taking the gun into custody is an administrative action and can be subject to an annulment lawsuit in the administrative court within 60 days. Council of State Administrative Case Chambers
In its decision dated 30.01.2025, the Board found the "conviction of more than two crimes" clause of the Regulation unlawful on the grounds that it exceeded the limit in the Law. This guide explains in which cases the transaction can be sued and what to look for.
1. Why Is a Gun License a Controversial Administrative Procedure?
Two principles contradict each other regarding gun licensing. The first is public safety. The Council of State accepts that obtaining a license to carry and possess weapons cannot be considered as a right granted to everyone, and that the administration has wide discretion in this field. The second is the principle of the rule of law. This discretion cannot be used to impose an unlawful prohibition.
The main sources of license procedures are the Law No. 6136 on Firearms, Knives and Other Tools and the Regulation annexed to the Council of Ministers Decision No. 91/1779 based on this Law. Article 7 of the Law lists who can carry or possess firearms. The 5th paragraph of the article is based on the permission document given by the governors in accordance with the principles to be determined in the Regulation. In practice, the majority of citizens acquire guns this way, that is, with a license based on the governor's permission.
Article 16 of the Regulation lists the situations that prevent the issuance of a license and the situations in which the granted licenses will be cancelled. The limits in Article 7 of the Law are also added to these. The main obstacles are:
Conviction for a crime committed with a firearm License not granted or revoked Regulation art.16/1-a; 6136 m.7
Prison sentence of more than one year (except for negligent crimes) Permission cannot be granted unless five years have passed after completion of execution and a decision has been made to restore prohibited rights. 6136 art.7; Regulation art.16
Conviction for the following crimes (such as theft, fraud, embezzlement, bribery, smuggling, drugs, intentional wounding with a weapon, intentional murder, organized crimes) No license is given Regulation art.16/1-d
Crimes and terrorist crimes in TCK Book Two Chapters Four to Seven Even if there is amnesty, it is not allowed 6136 art.7; Regulation art.16/1-e
Psychological, neurological or physical disorder No license is given Regulation art.16/1-l
Injunction decision within the scope of Law No. 6284 During the precautionary period, license procedures are suspended and weapons are kept under safekeeping. 6136 art.7; Regulation art.16/1-n
The Regulation stipulates that the conviction specified in this article is a final conviction. Even if the prison sentence is converted into a judicial fine, imprisonment is the basis for the implementation of the article.
Article 16 of the Regulation provides for a separate measure for the person prosecuted for certain crimes. Until the prosecution is concluded, the procedures regarding the issuance and renewal of the license are suspended and the weapon is taken into custody by the relevant unit. This provision is the regulation that causes the most controversy in practice, as it causes the gun to be disposed of without a conviction.
The 10th Chamber of the Council of State found it lawful to apply the retention rule in cases where the identity card of an armed private security guard was not renewed, in a file where the acquittal decision is at the appeal stage (E.2016/12743, K.2020/4292, 27.10.2020; E.2019/8228, K.2021/1242, 18.03.2021). Even if there is an acquittal decision in the file, if the appeal is ongoing, it is accepted that the trial continues. For this reason, a decision of acquittal does not always result in the immediate return of the license.
In its decision dated 30.01.2025 (E.2024/1688, K.2025/165), the Council of State Administrative Case Chambers examined the clause in the first paragraph of Article 16 of the Regulation, which stipulates that licenses should not be granted to those convicted of more than two crimes committed at different times, except for those committed by negligence or through the press. The case was filed upon the rejection of the license request of a person who received a heavy fine for violating the Check Law No. 3167.
The Board determined that while Article 7 of Law No. 6136 requires a period of more than one year for a penalty imprisoning liberty that may prevent a license, the Regulation clause regulates all crimes and penalties without specifying the penalty period and type of crime. According to the Board, this regulation exceeds the limitation in the Law, contrary to the principles of legal security and legality of administration. For this reason, the Board concluded that the clause was not in accordance with the law and overturned the part of the Chamber's decision regarding the rejection of the case in terms of regulatory action.
A second point came to the fore in the same decision. When a person whose application for a gun license was previously rejected years later asks "Is there anything preventing me from getting the license, if so, please remove it", this application cannot be evaluated by an unauthorized authority (in this case, the provincial gendarmerie command). The authority regarding the license belongs to the governor and the deputy governor or district governor to whom the governor delegates authority. The rejection of the application by this unauthorized authority is annulled in terms of jurisdiction. In this file, the Board accepted by majority vote that the application in question be evaluated within the scope of Article 10 of Law No. 2577. Three members voted against the decision.
The action in question: Transactions such as rejection of the license application, rejection of non-renewal, cancellation of the license, custody or seizure of the weapon are established by the governorship or the authority to which authority is delegated and may be subject to an annulment lawsuit.
Duration: The lawsuit is filed within 60 days from the notification of the action (Art. 7 of Law No. 2577).
Failure to respond to the application: If the administration does not respond within 30 days, the request is deemed rejected. Then the period for filing a lawsuit begins (Article 10 of Law No. 2577).
Competent court: If a separate competent court is not designated by law or special law, the administrative court in the place where the administrative authority carrying out the action is located is authorized (Law No. 2577, article 32).
Stay of execution: If the gun is taken into custody or if the professional activity (such as private security guard, hunting) is subject to a license, a stay of execution may be requested by showing the existence of irreparable damage.
Causal element: Is the offense hindering the license really based on a final conviction or is there only an investigation or prosecution? Has the conviction been subject to amnesty, postponement, postponement of the announcement of the verdict or erasure of criminal record?
Illegality: Does the applied Regulation clause exceed the limits of Law No. 6136? The Board decision dated 2025 is an example of this defense.
Authority and form: Was the action taken by the competent authority and was the reason given?
Proportionality: Is the weapon carried due to professional obligation? Is it proportionate to cancel a license after many years due to a single old and minor act?
The following scenario is fictional; It has been prepared to explain a typical situation in practice.
In a fictional example, a shopkeeper with a residential possession license was fined heavily for two separate check crimes he committed years ago. His license renewal application was rejected on the grounds of "conviction for more than one crime" and his gun was taken into custody.
First, it must be determined which Regulation clause is relied upon. If the underlying clause exceeds the "imprisonment for more than one year" limit in the Law, the transaction may be sued for cause and illegality in line with the Board decision dated 2025. The lawsuit must be filed within 60 days from the notification of the rejection, and a stay of execution must also be requested for the return of the weapon.
My gun license has been cancelled, how long can I file a lawsuit?
An annulment lawsuit may be filed in the administrative court within 60 days from the notification of the annulment.
There is a prosecution against me, my gun was taken. Is he right?
According to Article 16 of the Regulation, license procedures for the person prosecuted for the crimes listed are suspended until the prosecution is concluded and the weapon is taken into custody. It should also be examined whether the accusation against him is included in this list.
I was acquitted, can I get my gun back?
If the acquittal decision is final, the obstacle is eliminated. In cases where the decision is at the appeal stage, the Council of State found the hold rule to be lawful.
My license application was rejected, who should I contact?
The competent authority regarding licenses is the governor. The governor may delegate his authority to the deputy governor or district governor. A rejection made by an unauthorized authority may be annulled in terms of authority.
What happens to the gun if the license is cancelled?
According to Article 17 of the Regulation, the new license request of a person who subsequently falls into one of the situations in Article 16 will not be accepted, the existing license will be canceled and the weapon will be seized. This action may also be subject to administrative litigation.
Missing the deadline: Re-applying years later after the 60-day filing period has passed does not always create the right to file a new lawsuit. Even in the Board decision dated 2025, this issue was resolved by majority vote, and three members argued that the application was not qualified to eliminate the statute of limitations.
Neglecting the criminal file: A license dispute is often tied to a criminal case. The administrative case and the criminal file must be carried out in coordination.
Applying to the wrong authority: The competent authority is the governor's office or the district governorship to which authority has been transferred.
Not knowing the fate of the entrusted weapon: Separate action may be taken for consequences such as transferring ownership to the public. At this stage, the litigation period passes quickly.
In gun license disputes, both public security and freedom to seek justice are evaluated together. The Administration has wide discretionary power, but the Council of State's decision dated 2025 shows that the provisions of the Regulation cannot exceed the limits in the Law. Küheylan Law Firm plans the application to the administrative court and ensures coordination with the criminal file by examining the compliance of the underlying clause with the Law, whether the conviction has become final or not, and the duration of the case in license cancellation or denial procedures.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. Since the unique circumstances of each file may change the outcome, it is recommended to seek support from an administrative law attorney from the beginning of the process.
KÜHEYLAN HUKUK