How to refuse to keep weapons. On the rules for the circulation of weapons and the voluntary surrender of weapons for a reward. License revocation process

gamych 05-06-2017 22:41

Colleagues, help us understand how events in the following situation should develop correctly from the point of view of legislation.

Art. 26 of the Federal Law states that permission to store and carry is canceled if the owner of the weapon voluntarily renounces it. As far as I understand, the right of ownership is not lost, but only the right to store and carry. The weapon must be confiscated; the citizen has a year to alienate his property. Here this weapon lies somewhere inside the organs, and then suddenly the citizen again has the urge to get permission to store and carry the weapon that belongs to him and take it, that is, to his home.

It seems that nothing prevents him - no one deprived him of his special right. How should one proceed formally? Obtain a license to purchase so that the LRO fills it out and then general order was the permit issued? Or should I apply for a permit? And under what point of the regulations?

For some reason I couldn’t develop an unambiguous algorithm of actions. Can you help?

Green 06-06-2017 12:07

quote: The weapon must be seized

gamych 06-06-2017 12:14

quote: Originally posted by Zelennaya:

The algorithm is the same as for the initial receipt of permission, regulation pr. 373 - for ROX.

Green 06-06-2017 12:27

What license? The registration file contains all the data on the weapon; the file is stored for 10 years. The ROH is issued immediately, the regulations are higher, and according to it it is taken from storage.
Property is acquired under a license, but here no one has deprived anyone of their property.

gamych 06-06-2017 12:32

This is exactly what I don’t understand. The regulations provide for the submission of a certain set of documents along with the application, including a completed acquisition license.

You wrote it yourself - the algorithm is the same as when first obtaining permission. And this is with a license.

Green 06-06-2017 01:05

The license is already in the accounting file, it was handed in during the initial registration.
Formally, clause 10 is in effect, prohibiting the requirement of documents that are in the accounting file, are valid and the information in them has not undergone changes.

gamych 06-06-2017 01:21

Oh, just like that, is this another license? This thought never occurred to me. May be so. It seems likely that this is the case.

Thanks for the tip.

belkin1550 06-06-2017 12:29

the cunning inspector will file the case

gamych 06-06-2017 13:27

quote: Originally posted by belkin1550:

and then there will be a show at the citizen

quote: the cunning inspector will file the case

Green 06-06-2017 13:45

belkin1550 06-06-2017 14:03

no one gave any introductory information about weapons

gamych 06-06-2017 14:57

no one gave any introductory information about weapons

But in general it doesn’t matter, now the conditions have been clarified, with your help. In these specified conditions, you agree with Comrade. Green relatively correct order actions of a citizen? Or do you see a different course of action?

belkin1550 06-06-2017 15:23

yes and there is no prohibition

gamych 06-06-2017 16:54

quote: Originally posted by belkin1550:
In general, this procedure is not written down anywhere, so you need to prepare for a possible show from the inspector
yes and there is no prohibition

Do you foresee any possible scenarios for this noise from the inspector? Please share.

belkin1550 06-06-2017 17:28

it all depends on the inspector or his boss, so you need to look at the situation, but all these situations are not problematic, the maximum they will ask for is a license
I don’t see any serious problems for myself in such actions at all, but someone will “fall” out of the blue

Green 06-06-2017 18:23

I don't see any alternative. Regulations under pr.373 - regulations for issuing a permit. Your goal is resolution - so why look for workarounds? Circle of applicants - clause 3 "...citizens Russian Federation... who are the owners... of weapons..." No one was deprived of their property? No.
Further in paragraph 9 the list of documents for obtaining permission - no special instructions, that only after purchase, inheritance or something specific. For any situation. The license is mentioned, well, it’s already in place. According to clause 10, we do not provide it; ownership of it has already been confirmed.

gamych 06-06-2017 19:02

Yes, I also like this path because of its convenience for a citizen and it seems completely legal. But my colleague is hinting that the permitters may object, so I’m trying to find out what objections he sees as possible on their part.

The registration service is also provided by the MFC and through the State Services portal.

Attention: no hunting ticket is the basis for recognizing a citizen engaged in hunting as a poacher, which will entail a fine of 200 thousand rubles or imprisonment for 2 years (Article 258 of the Criminal Code of the Russian Federation).

A hunting license can be taken away on the basis of Art. 21 209-FZ “On Hunting”. This Federal Law lists the main reasons for the administrative suspension of activities in the field of hunting. These are:

1. Availability of the hunter unexpunged or unexpunged conviction for committing an intentional crime. If this fact is revealed, the hunting ticket will be canceled within five working days.
2. Voluntary submission by a hunter of an application for termination of a hunting license.

In this case, you can simply transfer the barrel to the LRO, and the permit for it can be revoked. The licensing and permitting department cannot refuse admission.. In exchange for a permit, the former owner will be given a document with information about the transferred weapon.

Question transfer of a registered weapon to another person(sale or donation, does not matter) is under the control of the licensing and permitting center.

In order for the alienated pistol or rifle to be transferred to the new owner, both parties to the transaction must appear at the LRO with documents and the object of transfer.

At the branch, an inspection and verification of data takes place, after which the seller (donor) writes a special statement.

As a rule, the LRO is not interested in the details of the transaction and the issue of financial relations of its participants.

• When a legal entity completes the liquidation process;
• Death of the owner of the weapon for which the permit is issued;
• After an official court decision is made, according to which the citizen is deprived of the special right to own a license;
• When canceling a document;
• If such circumstances arise (provided by the Federal Law “On Weapons”) that make obtaining a document impossible.

Explanation for point 2: individual(as well as legal) may be subject to license revocation if there is a systematic (at least twice during the year) violation or insufficient compliance with the requirements of the Code of Administrative Offenses.

Federal Law “On Weapons” dated December 13, 1996, No. 150-FZ, Article 26 (as amended on March 7, 2018)

How to give up your gun and license

To start the process, he needs to appear at the territorial LRO and write a corresponding statement. In this situation, weapons are handed over to the same department, and to the former owner a receipt is issued containing information about the delivered weapon.

The time frame for restoring weapons permits in the event of its voluntary cancellation has not been established - this is stated in Article 26 of the Federal Law “On Weapons”.

Reinstatement of a purchase license or storage permit

You can contact the licensing and permitting department to reinstate a canceled license; the law provides for this.

After this, the heir will be able to both take ownership and sell the “weapon inheritance” or re-donate it.

Cancellation of a gun license

The Federal Law “On Weapons” and the corresponding Russian regulatory legal acts may be temporarily withdrawn by representatives of the Department of Internal Affairs of the Russian Federation. The department of internal affairs that issued a document to a legal entity has the right to confiscate it if an administrative penalty was imposed on the owner by court order for violating the relevant articles of the Code of Administrative Offences. The period of deprivation of permission is the period of punishment established by the court.

• if the weapon is irreparably damaged or outdated, and its further use is not possible;
• the owner’s personal desire to hand over the weapon, for example, because it is no longer needed;
• upon disposal of weapons;
• in other situations of an individual nature.

If a weapon is damaged or the owner wishes to write off, for example, an old gun that has served its purpose, it is necessary to write a corresponding application to the licensing and permitting department.

Procedure for revoking a weapons license

The law provides for two types of administrative offenses that may lead to the revocation of a license or permit - a violation or failure to comply with the requirements of the Federal Law “On Weapons”, as well as other regulations governing the circulation of weapons.

Important: with regard to permits for hunting rifles, deprivation can be carried out in accordance with the provisions of the Federal Law of July 24, 2009 N 209-FZ (regarding hunting and the protection of hunting resources).

The process of revocation of a license Cancellation of a weapons permit (on the basis, in particular, from paragraph 2) is preceded by a written notification sent by the issuing authority to the owner.

Feedback

“Systematic” means repeated violation or failure to comply within a year (presumably an administrative year, not a calendar year). A preliminary written warning about the revocation of a license or permit is issued only for the administrative offenses listed above and is in these cases a necessary condition to make a decision on cancellation.

• if a citizen will establish for a pistol or rifle night vision scope and/or silent shooting device("muffler"); this rule also applies to service weapons (Article 20.9);
• if a citizen is caught creation and circulation of “pneumatics”(Article 20.10);
• at violation of registration deadlines and registration of weapons (Article 20.11);
• at violation of transportation rules and regulations firearms and ammunition (Article 20.12);
• when shooting outside designated areas(Article 20.13);
• at violation of certification rules weapons and ammunition: concerns the production and circulation of weapons (Article 20.14).

Actions of a citizen falling under any of these articles of the Code of Administrative Offenses are punishable by revocation of the license.

When issuing them, those previously received, with an expired validity period, must be handed over to the internal affairs body. Re-issuance of the above-mentioned licenses and permits is also carried out when the information specified in them changes, as well as in cases of replacement of deteriorated or lost licenses and permits, based on statements from the owners and supporting documents.

There was a license, and there isn’t. In previous issues of our newspaper, we told you about some of the legal aspects associated with obtaining a license to purchase hunting equipment. firearms(No. 5, p.2) and permission for its subsequent storage and carrying (No. 6, p.2).

And, nevertheless, sometimes citizens have to resort to this article of the law (Article 26, paragraph 1). This is usually associated with permission to store weapons.

Owners voluntarily cancel the document in the following circumstances:

• if the weapon irreparably damaged, or is outdated and its use in the future is not possible;
• personal desire of the owner hand over your weapons, For example, as unnecessary;
• at alienation of weapons;
• in other situations of an individual nature.

If a weapon is damaged or the owner wishes to write off, for example, an old gun that has served its purpose, it is necessary to write a corresponding application to the licensing and permitting department.

“We by default believe that useful techniques production, having once been mastered, continues to live until they are replaced by more advanced ones. In fact, these techniques must not only be mastered, but also continuously applied, and this also depends on many unpredictable factors. Any society in its dynamics experiences special processes(fashions, fads), during which either economically useless things acquire high value for some time, or, conversely, useful things depreciate in value. Nowadays, when almost all societies of the planet are connected with each other, we are unable to imagine that such a epidemic could lead anywhere to complete oblivion important element practical knowledge. A society that has turned its back on some effective technology still has the opportunity to observe it among its neighbors and, after some time, take possession of it again from someone else’s hands (or, in case of failure, become a victim of military expansion).

However, in isolated societies, epidemics can be fatally persistent.

A famous example of such a craze is refusal Japan from firearms. This novelty first reached Japanese shores in 1543 with two Portuguese adventurers armed with arquebuses (primitive guns) arriving on a Chinese cargo ship. Impressed by the new type of weapon, the Japanese soon founded its local production, significantly improved it technologically, and by 1600 they owned the largest and most advanced arsenal of guns in the whole world.

However, Japan also had its own factors opposing the development of new technology. The country had a large stratum of military men (samurai), whose weapons were steel swords- had the status of a class symbol and a work of art (in addition to helping to keep people in obedience lower classes). Until then, military encounters in Japan looked like sword fights, the participants of which came face to face, made ceremonial speeches and considered it a matter of honor to fight according to the rules.

This behavior became deadly in the face of a peasant army that fired at the enemy without any rules. Among other things, guns were the invention of strangers and soon fell out of favor, like everything foreign in Japan after 1600.

The samurai-led authorities began by restricting the production of firearms to a few cities, then prohibited the manufacture of firearms without a government license, then began licensing only guns made for the government, and ended by reducing government orders to a minimum - as a result, Japan practically returned to a position where it did not have its own firearms arsenal.

Among the European rulers of the modern era, there were also those who despised firearms and tried to limit their use. However, such measures did not have serious prospects in the region, where any country that temporarily abandoned such technology would simply be conquered by its neighbors armed with it.

If not for its dense population and island isolation, Japan would never have gotten away with neglecting a powerful new weapon. Its comfortable existence, isolated from the rest of the world, ended in 1853, when the visit of the American squadron of Commodore Perry and the sight of ships bristling with cannons made Japan think again about establishing weapons production.

This abandonment of firearms, together with the Chinese abandonment of ocean navigation (as well as mechanical clocks and spinning looms driven by the mill wheel) represent the most famous examples in history of the technological regression of isolated and semi-isolated societies.”

Jared Diamond, Guns, Germs and Steel: The Fates of Human Societies, M., “Ast”; "Corpus", p. 387-389.

Obtaining a permit to use a weapon requires collecting supporting documents. It happens that the inability to use weapons occurs when the purchase has already been made. The court decision cancels the weapons permit.

Grounds for revocation of a license

These documents are canceled by the licensing and permitting department, which is responsible for issuing these permits. The grounds for termination of rights to own firearms are set out in 150 Federal Laws of the Russian Federation. Article 26 of the federal law specifies the reasons why the relevant authorities have the right to revoke a weapons permit.

Voluntary renunciation of a license

This situation is extremely rare, since the purchase of weapons takes a long time and requires considerable financial expenses. The reasons that prompted a citizen to refuse are:

• breakdown or obsolescence of weapons;
• uselessness;
• transfer to another person;
• other personal circumstances.

If a weapon is damaged or written off, its owner draws up a statement and submits it to the licensing department. The surrendered property will be disposed of. If the gun, for example, is not used, the citizen can hand it over to the same department, after which the permit will be revoked. The licensing department has no right to refuse to accept an application. The owner receives a document confirming the fact of transfer.

Donation, transfer to another citizen, as well as the sale of this property are controlled by the licensing and permitting center. The transfer of the item takes place on the territory of this institution, where the former and new owners must come with documentation and the transferred object. The transferred items are inspected and the information is checked, after which the citizen transfers the property on the basis of an application.

At the time of the transaction, the seller must have a license to use, and the buyer must have a license to purchase weapons.

Administrative offenses

Most often, citizens are deprived of their license due to a court verdict for illegal trafficking in weapons. Scroll administrative offenses, leading to the cancellation of permits:

1. Violation of the rules for the acquisition, use, transfer of weapons.
2. The use of means that allow you to shoot silently and night vision devices.
3. Creation and sale of pneumatic equipment.
4. Expiration of the time allotted for registering property.
5. Violation of the procedure for transporting weapons.
6. Use of defensive equipment in areas not designated for this purpose.
7. Violation of certification standards in the production and sale of armed products.

A citizen convicted of any of the listed offenses is deprived of permits for the use of this property. The proceedings take place in judicial procedure. The citizen is given a preventive measure and the weapon is confiscated.

Death of a gun owner

If the owner of the self-defense equipment dies, this share of ownership is inherited under general conditions. Until the successors have entered into inheritance rights, weapons with ammunition for them are confiscated by LRO employees and left for storage for up to 1 year.

Weapons are transferred to a person if he has a certificate of inheritance and permitting documentation. New owner can keep the item, give it away or sell it.

Liquidation of a legal entity

Both individuals and organizations can own weapons. If the activity legal entity terminated, defense equipment is transferred to the licensing and permitting department in accordance with the legislation of the Russian Federation in the field of weapons storage.

Circumstances excluding the possibility of obtaining a license

Before obtaining a license, it is required to submit papers proving that the citizen can obtain permitting documentation. It happens that circumstances leading to the inability to use weapons arise after receiving a positive answer. In this case, the right to have weapons is revoked through the court. The reasons are the following facts:

1. The owner of this property was charged with committing an offense at least 2 times a year.
2. Violations involving narcotic drugs.
3. Confirmation of the owner's mental disabilities.
4. Health problems due to which a citizen cannot use a weapon.
5. The presence of a court conviction for murder, an existing criminal record.
6. Lack of permanent registration.

There are other cases of cancellation. These include the absence of a safe, its faulty condition, or an open door.

Cancellation of a hunting license

According to the law, a hunting license has no expiration date. Circumstances leading to ticket confiscation:

1. The owner of the weapon has an outstanding criminal record. Availability this fact results in the ticket being confiscated within 5 days.
2. The ticket holder voluntarily submits an application to cease hunting activities. The rights to use weapons cease to be valid within 5 days.
3. Court ruling issued for violation of hunting rules. The punishment in this case is temporary - 2-3 years.

The fact of confiscation of a hunting license is entered into the appropriate list. Hunting weapon According to documents, it is confiscated from the owner.

The procedure for forced cancellation of permits

The cancellation procedure begins with the adoption of an appropriate decision. The owner of the weapon is notified in writing of the fact that permits have been confiscated. The LRO employee draws up an appropriate conclusion indicating the facts that led to such a decision. The decree is issued against signature to the owner of the seized property. 10 days are given to protest.

Reinstatement of a purchase license or storage permit

When the penalty period has expired, an application must be submitted to the licensing authority. If the reason for the confiscation of a license was an administrative violation, the sanctions are valid for 1 year. After this time, the citizen will be denied the right to buy a new weapon. To begin to restore your weapons storage permit, you will have to wait at least a year.

The storage period for seized funds ends after 12 months, and documents are restored after at least 2 years. A citizen, a year after handing over a weapon, decides: either to give it up for recycling or to sell it.

Traumatic pistols are scrapped. Amendments to the law force people to refuse licenses to carry guns. the federal law"About weapons." The police provide statistics: for Last year more than one and a half thousand inhabitants Irkutsk region preferred to get rid of firearms of limited destruction. The reason lies in the reluctance to undergo additional checks and medical examinations, as well as to take practical exams, which became mandatory in August last year for those who apply for a license for the first time.

Just a few years ago, the number of owners of traumatic pistols in the Irkutsk region was constantly growing. As of June 2011, there were 17,021 owners of firearms of limited destruction (LDF) in the region. In June 2012 there were already 886 more people. However, a year later, the number of “trauma” owners decreased by more than one and a half thousand. According to the Center for Licensing and Permitting Work of the Main Directorate of the Ministry of Internal Affairs for the Irkutsk Region, by June of this year, 16,286 owners of traumatic pistols were registered. The sharp decline in the police force is attributed to tightening requirements for obtaining or renewing a license to purchase weapons.

Since August last year for those wishing to purchase traumatic pistol Practical training in the use of weapons became mandatory. “Some people are simply afraid of collecting unnecessary certificates and refuse the idea of ​​​​obtaining a license, although the training is not too long and difficult. In addition, on this moment You can take the compulsory course only in two non-state educational institutions located in Irkutsk, which is inconvenient for residents of the region,” says the Center for Licensing and Permitting. Many license holders with an expiring license, having learned that in order to renew the right to carry weapons they need to undergo additional checks with the police and a medical examination, also prefer to hand over their pistols to the police department at their place of residence or try to sell them through stores that have permission to sell weapons.

In non-state educational institution Shot says that with the introduction of compulsory training, young people who want to buy a pistol have another problem. “We submit information about all students to the military registration and enlistment office. There have been cases when draft dodgers were found this way,” explains NOU director Alexander Korotky. “We tell everyone who comes to us that weapons are not only a means of self-defense, but also a responsibility.” However, after a year of working with civilian population in “Vystrel”, after a conversation with a psychologist, only ten people abandoned the idea of ​​​​buying “trauma”. According to the director of the NOU, about 20–30% of those who have completed training do not buy pistols because of the high price. The Center for Licensing and Permitting Work explains: the cheapest model costs from 25 thousand rubles.

However, despite the tightening of legislation, Vystrel has no shortage of students. “In collaboration with the Center for Licensing and Permitting, we take exams once a week, on Mondays. So, every time up to 40 people come to study or take an exam. If we roughly calculate, then on average 160 people contact us per month. There are an awful lot of people arming themselves,” states Alexander Korotky. According to police data, by June of this year there were 5,535 owners of limited-kill firearms in Irkutsk, 2,845 in Angarsk, and 1,263 in Bratsk.

Experts say that in the Irkutsk region a collective portrait has emerged of a person applying for a license to purchase “trauma” for the first time. These are mostly young people aged 18 to 25 for whom “dad bought a car.” At the same time, there are few 25-year-olds among them, and the majority of cadets are barely 23 years old. The motivation of future pistol owners is usually vague. “We ask everyone: “Why do you need weapons?” Most of them cannot answer; they say, “so be it.” We explain that in our shooting range, after purchasing a weapon, you can take additional classes to improve your practical shooting skills. People agree, but no one comes,” says Alexander Korotky.