How to get a license for collectible weapons. Collecting "in the law Problems of collecting ancient weapons

Where does simple gun ownership end and weapon collecting begin? How is it legally correct to formalize the fact of the presence of murder weapons in the house? These are not idle questions, considering that ignorance of them entails responsibility up to criminal.

Since ancient times, they admired and feared him. Many amassed huge collections of weapons, passing them down from generation to generation. At present, interest in all kinds of weapons is not weakening, weapons are still being acquired, collected and exhibited. But now collectors may face a number of difficulties that are associated with updating the legislation on weapons.

In 1996, on December 13, the Federal Law “On Weapons” was adopted, which secured for individuals and legal entities the right to collect and exhibit weapons, a list of weapons permitted for collection and exhibition, and some restrictions on engaging in such activities. The rules for collecting and exhibiting weapons are established by decrees of the Government of the Russian Federation.

According to the Decree of the Government of the Russian Federation of July 21, 1998 (Chapter 8, paragraph 30), in the territory Russian Federation collection and storage of firearms, pneumatic, gas, signal, edged and other weapons and cartridges by legal entities and individuals for the formation of cultural and historical collections (meetings) in scientific, informational and educational purposes is carried out on the basis of licenses issued by internal affairs bodies in the manner established by the Ministry of Internal Affairs of the Russian Federation in agreement with the Ministry of Culture of the Russian Federation.

The collection can be ancient weapons, acquired for the purpose of collecting by a legal entity, as well as a citizen of the Russian Federation, exceeding the amount established by Art. 13 of the Federal Law "On Weapons" (five units). In addition, at the request of a citizen, the weapons he has, not exceeding the number established by Art. 13 of the Federal Law "On Weapons".

Collectors should pay special attention in the law to the exhaustive list of weapons that are allowed to be acquired for the purpose of collecting. This:
weapons not prohibited for circulation on the territory of the Russian Federation;
firearms, cold steel and other weapons withdrawn from service by state paramilitary organizations;
ammunition for the specified weapon.

According to Federal law, collectible weapons and ammunition may include:
weapons recognized as material evidence in criminal cases, including home-made, illegally altered or prohibited for circulation on the territory of the Russian Federation, after the completion of the consideration of cases in judicial order;
foreign-made weapons that are not civilian or official;
weapons manufactured in an experimental batch or imported into the territory of the Russian Federation and which have not passed certification tests;
a weapon used only in the educational process, the firing of which is impossible without special repair work (training weapon);
a weapon designed to simulate a shot from it with special imitation cartridges, the possibility of using other types of cartridges in which without special repair work is excluded (thinned weapons);
copies of weapons made according to originals or drawings of weapons discontinued, provided that their design and decoration are accurately reproduced without the use of genuine parts, as well as replicas of weapons that have author's changes in appearance and artistic decoration;
cartridges for the weapons specified in this clause, including test, exemplary, blank and training cartridges.

The collection and storage of weapons and cartridges intended for the implementation of the production or educational process, split samples of weapons and cartridges, the restoration of the working condition of which is technically impossible, cartridges with a drilled sleeve without powder and with a punched primer is not recognized as collecting and is not subject to licensing; models of weapons (products structurally similar to weapons, reproducing the design of weapons and simulating its action), structurally similar to weapons, products that are not models of weapons; dummies of weapons and cartridges (products similar in appearance with weapons and cartridges, the design of which does not allow them to be used as weapons and cartridges).

This means that these models can be collected and stored, but they are not included in the concept of “collecting weapons”, and a license is not needed to collect and store them.

Persons awarded weapons may include award weapons in their collections, but only after obtaining permission from the internal affairs bodies to store and carry these weapons.

According to paragraph 40 of Chapter 8 of the Government Decree of 21.07.98. legal entities and individuals are prohibited from: collecting weapons and cartridges without obtaining an appropriate license, collecting types, types and models of weapons and cartridges that are not provided for by a collection license.

Many collectors, having huge collections of all kinds of weapons, do not always look into the law, do not know their rights and, of course, responsibility for violating the collection procedure. So, the main limitation in collecting weapons is the availability of a license to engage in this activity.

Licenses for collecting or exhibiting are issued by internal affairs bodies on the basis of an application from a citizen of the Russian Federation. The validity of licenses for collecting or exhibiting is three years from the date of their issue.

An application for a license is considered by the said bodies within one month from the date of its submission. The application shall contain information about the types of weapons planned for collection or display, and the measures taken to ensure their registration and preservation. The applicant is also required to submit constituent and registration documents of a legal entity or documents proving the identity of a citizen.

The period of validity of licenses for the collection or display of weapons can be extended for five years at the request of the owner of the relevant license. An application for renewal of the said licenses shall be submitted three months prior to their expiration.

In case of refusal to issue a license or extend its validity, the internal affairs bodies are obliged to inform the applicant about this in writing, indicating motivated reasons. Refusal to issue a license or extend its validity or violation of the terms for consideration of an application may be appealed by the applicant in court (Article 9 of the Federal Law "On Weapons").

The grounds for refusal to issue a license or extend its validity may be: the applicant's failure to provide the necessary information or the provision of incorrect information, the inability to ensure the conditions for accounting and preservation of weapons or the failure to ensure these conditions.

In addition, I consider it necessary to pay special attention to liability for violating the collection procedure. Illegal collecting, i.e. collecting without the necessary license may be punished under Art. 222 of the Criminal Code of the Russian Federation, for "Illegal storage and collection of weapons and their main parts." This act is punishable in accordance with the Criminal Code of the Russian Federation by restriction of liberty for a term of two to four years, or by arrest for a term of up to 6 months, or by imprisonment for a term of two to four years with a fine of 200 to 500 minimum dimensions pay or in the amount wages or other income of the convict for a period of two to five months or without it.

It is also necessary to focus on antique weapons, which are of high value and are the personal property of citizens. When exchanging, donating and transferring such weapons from collection to collection, it is issued in general order with the only restriction - the parties must have the appropriate licenses for the sale or purchase of weapons, which are issued by the internal affairs authorities at the place of residence.

According to the Order of the Ministry of Internal Affairs dated 12.04.99. to obtain a license to collect civilian weapons, edged, artistically designed weapons, copies and replicas antique weapons, as well as other weapons allowed for collection, citizens of the Russian Federation submit the following documents at the place of residence to the internal affairs body:
a) an application;
b) a document proving the identity and citizenship of the Russian Federation;
c) two photographs 3 x 4 cm in size.

When collecting firearms and other numbered weapons, the applicant must additionally submit a list of the numbered records of the available weapons, and if he intends to include award weapons in the collection (assembly) being formed, indicate his data. The original licenses and permits are attached to the list.

In accordance with this Order, control over the collection and display of weapons and ammunition is carried out by employees of the internal affairs bodies together with representatives of specially authorized bodies for the preservation of cultural property, taking into account compliance with the requirements for ensuring the confidentiality of information about weapons and their owners.

Inspections of organizations and individuals involved in the display of weapons and ammunition are also carried out before the start of each exhibition organized by them and after its completion.

sale of collectible firearms

Collecting weapons is a process that needs to be approached competently and carefully.

The legislative framework of the Russian Federation provides for each type of its circulation (, self-defense, collecting).

The lack of properly executed documents may result in administrative and criminal sanctions provided for by the regulatory documents of the Russian Federation.

Collecting weapons means their collection and storage for scientific and educational purposes. Legislation allows you to have all types of weapons that are not expressly prohibited. Informally, the collection of firearms is called ganophilia, and cold weapons - nyfophilia.

The right to collect weapons have legal and individuals, which:

• adhere to the purpose of such collection (scientific, educational);
• have ;
• have authorized weapons.

The license for this type of activity is issued by the Russian Guard for an indefinite period. This license is not required if the citizen has less than 5 copies of any weapon. Also, a license is not required for collection with a blade up to 9 cm long and firearms with a bullet exit power of not more than 7.5 J.

What is allowed and prohibited to collect?

You can make a collection of weapons:

1. Permitted for circulation on the territory of the country (with the exception of copies that were held in criminal cases).
2. Removed from service.
3. Productions of other countries, incl. from batches that have not passed certification.
4. Educational, award and simulation.
5. Any ammo.

Attention! It is not recognized as a collection and a license is not issued for a tool made in a single copy for the educational process, damaged units, the restoration of which is impossible, dummies (imitations).

To do this, go to the "Collecting weapons" section and find the desired subsection (collecting or exhibiting, reissuing a license for collecting or exhibiting).

Deadline for obtaining permits - up to 30 calendar days from the date of submission of the full package of documents. The service is provided free of charge.

The grounds for refusal to obtain a license are:

• submission of an incomplete package of documents;
• submission of false information;
• improper storage conditions.

1. To obtain a permit through the State Services, it is required to provide a package of documents consisting of:
   • existing licenses for the purchase and possession of weapons;
   • statements;
   • photos;
   • passports;
   • medical certificate of no contraindications.
2. After the full package of documents is accepted, it is processed for compliance with legal requirements, for the reliability of the data, after which an interdepartmental request is requested.
3. After the actions taken, a decision is made to issue or refuse to obtain a license. The refusal can be appealed in court.

Important! When replenishing the collection with new specimens, an application must be submitted with the available copy of the license for the right to such replenishment.

Cancellation of permission

The license for the right to collect is canceled by the authority that issued such a license for the following reasons:

• voluntary refusal (in case of damage to the weapon or its alienation);
• death of the owner (in this case, the license for the old owner is canceled, and new owner is required to issue a license in his own name);
• liquidation of a legal entity (all exhibits must be transferred to the licensing and permit department of the National Guard of the Russian Federation);
• forced cancellation due to non-compliance with legal requirements.

Compulsory cancellation occurs by a court decision in case of violations of the rules for the circulation, registration and storage of weapons.

Violation of requirements

Violation of legislative norms on obtaining permits is provided for by the Criminal Code of the Russian Federation. Thus, illegal possession of weapons or their parts implies the imposition of sanctions in the form of restriction of freedom for up to 3 years, or forced labor for up to 4 years and a fine of up to 80 thousand rubles.

Also, the Code of Administrative Offenses of the Russian Federation provides for the imposition of sanctions on persons who violate the rules for storing weapons. Sanctions are imposed on such persons in the form of a fine of 50 to 100 thousand rubles. for individuals and from 300 to 500 thousand rubles. For legal entities. Violation of the rules of collecting entails liability in the form of a fine from 1 to 5 thousand rubles. for individuals and from 10 to 100 thousand rubles. for legal entities. Buying, transporting or collecting weapons, you become a source of increased danger. The same applies to collectors, so you should get a permit.

It is also worth considering that a collecting license does not grant the right to purchase any type of weapon or to use it for hunting purposes.

Amendments to the law "On weapons", which came into force on January 1 this year, will please many weapon collectors. It would seem that such amendments are trifles, but for the majority of interested people they are very important. This is exactly the case when any comma decides the fate of a weapon. Remember? You can't pardon.

Legislative adjustments have returned weapons that are stored in private collections to the legal field. Often, it is in the old grandfather's house in the attic or basement that a real treasure is cherished, which any museum will acquire with delight. Previously, such trunks were simply hidden - God forbid someone finds out, immediately a prison for storage. However, there was also craftiness here, people did not want to bother with the official design of weapons with history.

Now everything is much easier. Here the meaning is: do you want to have some kind of dueling pistol- have it. And in unlimited quantities. But it still needs to be formalized. To begin with, elementary registration of civilian weapons is required. But if earlier historical trunks were strictly fixed, now they can be collected in any quantity. Prior to the adoption of this law, it was possible to have no more than ten historical trunks in private hands. If more, they should have been reformatted.

But there are, of course, limitations. This weapon must be identified in the museum fund.

That is, collectible weapons should be recognized as a historical exhibit. After such an examination, it is no longer important where and with whom, for example, a flintlock musket is stored. It is important that this is a historical relic. You don't need to license it anymore.

The law contains an important prohibition. It is strictly forbidden to shoot from historical weapons. Basically. Even if someone rented this beautiful gun.

How does it usually happen? The Club of Historical Re-enactors arranges an ostentatious battle, say, on the Borodino field. The case is very spectacular, important and useful. But if earlier it was possible to shoot from truly historical, that is, museum weapons, in such representations, now it is not. Show off, show off with him - you can. And stuffing with gunpowder and knocking out a spark - alas. Copy such a fuzea (which is very expensive) and shoot. Now such specimens are a state value and they will be protected. And the reenactors, apparently, will have to make their own working copies ancient weapons.

By the way, in some remote Siberian and Far Eastern villages, old-timers still use the so-called Siberian or suzgunki. There is a village in Siberia - Suzgun, where these weapons were made. Same locality there are truly skilled people in Dagestan - Kubachi. Many people know this village as a place for making silver items - jewelry, dishes. But the main thing is that for almost a thousand years the best edged weapons in Eurasia have been made here. Moreover, the "chip" is not only in the silver notch on the blade. Caucasian craftsmen knew how and still know how to make blades that have no equal in the world. And they are very expensive.

Shooting from historical weapons is not allowed. Even on costumed historical reenactments

And in Suzgun they made high-quality firearms. These are muzzle-loading primer shotguns. They began to be made in Russia when the tsar allowed their commercial production.

I really liked the loading scheme of such weapons local residents. If necessary, you just need to bite off a piece of lead by eye (many bit off with their teeth, health allowed) - on a bird or a larger animal, again, if necessary, pour out gunpowder and insert a primer. All. It was necessary to wield manually, gunpowder was poured into the barrel, wads were hammered with a ramrod. In general, like Chingachgook. The main thing is skill and eye. Other local hunters still shoot from such guns. Some Siberian hunters believe that it is cheap and convenient - no cartridge cases are needed. Lead and gunpowder are spent solely on demand, no more, no less. But now such "economical" shooting is illegal. It is impossible to register such a fusee, because there is no number on the barrel, no identification marks at all. Moreover - the data in the police bulletproof library. Therefore, the new law requires that such a trunk be designated as a museum exhibit.

The law will designate these weapons as some kind of historical value. And - in direct, that is, in monetary terms. And, really, maybe it makes sense to sell an old flintlock gun and buy a modern smoothbore?

From these rifles of the times of the Great Patriotic War, you can open a blank fire if they are replicas. Photo: Alexander Demyanchuk / TASS

The meaning of the new law is in something else - in the legalization of weapons collections. There are many of them, including in Russia. And they cost fabulous money. It can be argued that there is the most valuable thing in the caches of this or that magnate - a jewelry collection, a collection of paintings, say, Flemish painting, or an old, but still military arsenal. It is known that other oligarchs consider it an honor to have a serious collection of trunks, blades and knightly armor.

Here is an example. Who remembers what the future Prime Minister of Great Britain, Lieutenant Churchill, shot at the beginning of the century? Recall young Winston, participating in African imperial wars, fired from the famous revolutionary pistol-carbine "Mauser". This is a weapon with a large wooden holster. True, then this gun was not yet revolutionary. The famous German pistol was created by the Federle brothers, the eldest of whom, Fidel, was in charge of the experimental workshop of the Mauser plant. The owner of the plant, Paul Mauser, joined the work on the pistol at the stage of design improvement. A pistol was patented for him.

Mauser easily turned into a light cavalry carbine, for which they used a wooden holster as a butt. A powerful cartridge with a caliber of 7.63 mm made it possible to pierce through a beam 15 centimeters thick from 25 meters. He was loved by both the Reds and the Whites, used by the Basmachis and partisans. Before the war in Africa, this "toy" was presented to Churchill by Mother Duchess of Marlborough - this not poor lady could afford such a gift to her beloved son. Then he cost her 5 thousand German marks. At that time, an Opel car cost 3.5 thousand marks. According to legend, in the autumn of 1898, during the Sudan campaign, the patrol of the 21st Hussars, led by 25-year-old Churchill, was ambushed and surrounded by a superior enemy. Churchill and his fighters were very lucky - a dashing young officer managed to shoot right from the saddle. What should I say, good weapon and excellent dexterity. Subsequently, Churchill began to collect Mausers. A question that worries many historians: where exactly this gun is now - no one knows. Can you imagine how many Moscow apartments can be bought for such a "toy"?

It is known that the guards of Mao Zedong were the so-called Mauserists. Yes, and Ivan Papanin took the "Mauser" for the polar winter.

In Germany, production of the Mauser C-96 ceased in 1937, and in China in the 1980s.

Arms collections often make up a significant part of the inheritance and even the family fortune. And surprisingly, our legislation has not yet allowed the legalization of weapons collections. The musket of the 18th century was thought to still be a battle barrel. Perhaps it is. But it is unlikely that anyone with a musket will take to the battlefield today. But it will be interesting for many to look at such a product. And to whom the funds will allow - to buy, hang on the wall and show to friends. In Russia it was allowed.

According to experts from the special services and law enforcement, the cost of Russian weapons collections can be estimated at tens of billions of rubles. For example, the weapons collection of the famous MUR, which was compiled by the heroic employees of the criminal investigation department, is fabulous. By the way, the operatives collected these barrels, taking them from the bandits, at their own peril and risk. They beautifully and lovingly designed a real museum in the capital's police headquarters. Where access is only for its experts. Let's say you need to compare the caliber, powder deposits, bullet deformation. But done and decorated so beautifully that any museum would envy. Again, let us recall the cost of the exhibits - there are seized flintlock pistols, capsule revolvers and even homemade machine guns from the 70s. And everything can "work" so far. This is the meaning of the "Murovsky" museum - any exhibit is active, it can be used as a model, that is, shoot, see the range of the shot, penetration.

Competently

Leonid Vedenov, Head of the Main Directorate state control and licensing work of the Russian Guard, Lieutenant General of the Police:

Amendments to the gun laws were waiting for many collectors. Now it will be much easier to collect and exhibit weapons. New law claims that "ancient (antique) weapons, copies of an ancient (antique) weapon, replicas of an ancient (antique) weapon and edged weapons of cultural value have the right to acquire legal entities and individuals who have a license to collect weapons." The federal law introduced an exception for certain types and types of weapons, the circulation of which is prohibited on the territory of Russia, if such weapons are of cultural value. Acquisition, display and collection of such weapons and cartridges for them on the territory of Russia are not subject to licensing in case of acquisition, display and collection of weapons by state and municipal museums.

Yes, you can collect weapons, but not all. On the territory of Russia, a ban on the acquisition of "sports and firearms" for the purpose of collecting handguns with a rifled barrel and cartridges for it. "In general, do not expect the legalization of combat pistols.

Help "RG"

The following are registered with the Russian Guard:

• 4.2 million gun owners with 6.7 million guns
• 23.3 thousand private security organizations, of which 5.8 thousand private security organizations using 51 thousand units of service weapons
• 686.1 thousand private security guards
• On the territory of the Russian Federation, the circulation of flails, brass knuckles, shurikens, boomerangs and other items of shock-crushing and throwing action specially adapted for use as weapons is prohibited - Article 6 of the Law "On Weapons".
• On the territory of the Russian Federation, the circulation of cold steel as civilian and service weapons is prohibited. bladed weapons and knives, the blades and blades of which, with a blade and blade length of more than 90 mm, are either automatically removed from the handle when a button or lever is pressed and fixed by them, or extended due to gravity or accelerated movement and automatically fixed.

In this article, I will briefly try to talk about ancient melee weapons(daggers, sabers, checkers, etc.), how the legislator regulates legal relations and how not to become a defendant in a case .

Let's turn to the interpretation of part 4 of the article itself « Illegal sale civil... gas weapons, edged weapons, including throwing weapons". What do we have from this norm, i.e. possession and acquisition of edged weapons is not prohibited by law, and here sales in any form(donation, sale and any alienation) has signs of this crime. The very concept of edged weapons is given in sec. 4, item 1, art. 1 FZ "On weapons", and Clause 36.1 Ch. 7 Order of the Ministry of Internal Affairs of Russia dated June 30, 2017 No. 429 indicates the mandatory features that a weapon must have, but if at least one of indicated signs, then this item is not a melee weapon.

In this article, I write specifically about the old antique melee weapons- which has a cultural value (paragraph 19) or is an antique weapon (paragraph 20) - these two definitions are different and Art. 1 of the Federal Law "On weapons", let's first analyze the first:

weapons of cultural value - weapons, included in the Museum Fund RF in accordance with federal law dated May 26, 1996 N 54-FZ "On the Museum Fund of the Russian Federation and museums in the Russian Federation" or falling in accordance with the decision of the authorized by the Government of the Russian Federation federal body executive power subject tolaw Russian Federation of April 15, 1993 N 4804-1 "On the export and import of cultural property", including ancient (antique) weapons;

it follows from this norm that the object must be registered with the Museum Fund or brought to Russia according to customs declaration(there must be a contract of sale and permission from the Museum Fund, because when imported, this item automatically becomes a cultural value).

And second:

ancient (antique) weapons - firearms, throwing and pneumatic weapons manufactured before the end of 1899 (with the exception of firearms manufactured for firing cartridges), and also melee weapons, made before the end of 1945

here, in the event of a sale, it is desirable to conduct an examination of cultural property, or problems may arise and catalogs on edged weapons will not help. As an example:

There is a copy of the dagger of the 1930s, according to the examination of forensic experts, made around the 1990s with a sharpened blade, indicating all the signs of the Order of the Ministry of Internal Affairs No. par. 6, paragraph 1, art. 6 of the Federal Law "On weapons": …. with the exception of weapons of cultural value, including ancient (antique) weapons, copies of ancient (antique) weapons And replicas of old (antique) weapons; - you can sell copies and replicas. And it is quite realistic that in order to initiate a case, the investigator will beat on the fact that the weapon is cold and is not a replica or copy. Here I want to note that if copies and replicas are made in the factory, then there must be a Passport or Instructions or at least a sales receipt (or other document than more themes better), but if in a artisanal way, then the situation may become more complicated.

The point is clear. It is better to have two examinations - one of cultural value and one from forensics for signs.

Further, the right to purchase for the purpose of collecting requires a license (paragraph 4, article 13 of the Federal Law “On Weapons”). In cases of lack of a license, a penalty is provided as administrative penalty « Carrying out activities not related to making a profit without a special permit (license)”(there is more, but it concerns firearms and explosives).

Summing up:

Before selling a bladed item, in order to protect yourself, the first thing to do is conduct an examination for signs of edged weapons, if in doubt(an official letter to the Ministry of Internal Affairs and we hand over our thing for verification according to the acceptance certificate, but after verification there is a risk of seizure). If the signs were established, then we do next examination of cultural property. In the first case, you can do it for free, then the second will have to pay And after the procedure, it will be necessary to register antique edged weapons with the Museum Fund as having cultural value. If you clearly have a dagger or checker of the 19th century, then it is better on the contrary, first to determine the cultural value, and then with with expertise you submit to forensic specialists in the Ministry of Internal Affairs, I like this method better and it will be safer. IN cover letter be sure to specify: do I have the right to sell, what is needed for this and how to make a deal with the buyer, this is so that there are no problems during the sale, that is, you will have an official paper for the sale of weapons. The sale must be subject to a contract, as well as the purchase..

The buyer must have a license to purchase, in case of absence face an administrative fine. And there is a risk of seizure as illegally purchased.

P.S. It will be interesting to read more Decree of June 17, 2014 No. 18-P Constitutional Court RF, which solved the problem of having a collision. And it took her 7 years to get a resident of St. Petersburg annulment of her sentence.