Illegal possession of shotguns

The Code of Administrative Offenses and the Criminal Code of the Russian Federation establish liability for illegal possession of weapons. For a person, the difference is colossal. Or administrative punishment. Or a criminal conviction. Therefore, in this publication we will also talk about violation of storage rules, when there is an administrative offense. And about such violations when illegal storage becomes a crime. Rules for storing weapons at home are also posted on the website.

Why do you need a permit to carry bladed weapons?

The uncontrolled use of weapons on the territory of the state is fraught with the emergence of mass unrest and an increase in the level of street crime.
Therefore, control of the circulation of bladed weapons is an important area of law enforcement. And one of the main methods is the provision of permits to citizens to carry and store weapons. In particular, the law limits the conditions for the legal acquisition of weapons. These include:

availability of official permission from law enforcement agencies to own knives and other identifiable items;
if you need to carry a weapon with national costumes or special types of uniforms.

Issuing permits to own weapons is necessary for the following purposes:

keeping records of weapon owners;
selection of candidates based on medical documentation and practical training;
reducing the number of persons who can obtain consent to perform the procedure.

In addition, the list of objects whose use is illegal is strictly limited. These include:

all types of products with a blade length greater than 90 cm;
if the blade can be removed from the handle by a sudden movement or by triggering.

Violation of any of these conditions provides for liability under the Criminal Code of Russia.

https://youtube.com/watch?v=obYkjAAKqyU%3Ffeature%3Doembed

Responsibility for storing smooth-bore weapons without a license

What sanction is provided for those persons who violated the state regulations for the storage of smooth-bore weapons? Citizens who used a smoothbore gun without the permission of the authorized bodies bear liability established by Criminal Law. Typically, the violators are rural hunters who, without proper documentation, keep their equipment.

It is important to remember that equipment, even with a license, must be stored in a special room away from accessibility. For example, if a person purchased a hunting rifle and hid it in his room under the bed, then his actions can be classified as unlawful

The law prohibits storing weapons in living rooms where minor children may have access to them.

Foreigners who purchased civilian or military weapons on Russian territory have the right to use them within 10 days from the date of issue of the license.

Persons who are prohibited from storing smooth-bore weapons:

Minor citizens.
Citizens who do not own weapons.
Incapacitated persons.

Since smooth-bore guns are mostly used for hunting purposes, in practice, offenses related to their storage are often classified under Article 224 “careless storage of firearms.”

The disposition clearly reveals the concept of negligence. Storage with access to others is considered negligent. It is the concept of access to unauthorized persons that the legislator uses as the main qualifying feature. As for sanctions, they differ significantly from those listed in Article 222.

The concept of negligence is qualified by the legislator as a less dangerous phenomenon for society than illegal possession. Hence the punishment is more humane. Negligent storage is generally punishable by a fine of up to 40 thousand rubles.

The legislative framework

Legal recognition of liability for violation of the rules for storing weapons upon expiration of the permit to store and carry weapons was carried out by the legislator in Art. 20.8 of the Code of Administrative Offences. In its essence, this article is intended to provide measures of administrative regulation of relations arising in the field of storing and carrying firearms on the territory of the Russian Federation.

Within the framework of Federal Law No. 150 “On Weapons”, as well as within the framework of regulations adopted by the Government in pursuance of this federal law, the object of this article is public relations in the field of ensuring public order and public safety that were violated through action or inaction.

That is, let us pay attention to the fact that the disposition of the article directly states that the objective side of a completed offense can consist of both illegal actions of individuals, officials, legal entities, and inaction, expressed, for example, in the untimely adoption of actions aimed at issuing a new permit for storing weapons when the old one expires.

Responsibility for illegal possession of weapons

Criminal liability is provided for illegal possession of weapons; this crime is qualified under Art. 222 of the Criminal Code of the Russian Federation. At the same time, a person who voluntarily surrendered a firearm, its main parts or ammunition is exempt from criminal liability under this article.

As liability under Art. 222 of the Criminal Code of the Russian Federation provides for the following types of punishments:

• restriction of freedom for up to 3 years;

• arrest up to 6 months;

• forced labor for up to 4 years;

• imprisonment for up to 4 years with a fine of up to 80 thousand rubles or in the amount of 3 months’ salary of the convicted person.

Thus, if a firearm is stored in a citizen’s apartment or vehicle without the appropriate permit, the actions will be classified as illegal possession of weapons. If a citizen finds a cache of weapons and hides it, this will also be considered a crime. However, if a citizen found a cache and did nothing with it, a crime under Art. 222 of the Criminal Code has nothing to do with this.

Administrative responsibility

Article 20.8 of the Code of Administrative Offenses of the Russian Federation provides for the responsibility of officials and legal entities for:

violation of the requirements of the law on the production, sale, destruction or accounting of weapons and ammunition for them (punishment - a fine of up to 500,000 rubles);
significant violation of licensing requirements in the production of defense items (punishment - disqualification of officials for up to one year, suspension of the work of a legal entity for up to 60 days);
violation of the procedure for issuing confirmation of completion of training, testing knowledge of safe handling of weapons or a medical permit to carry and store (punishment - disqualification of officials for up to one year, a fine of up to 50,000 rubles).

Most often, according to Art. 20.8 of the Code of Administrative Offenses of the Russian Federation, employees of gun stores are hired where citizens can make a purchase. These organizations operate strictly under a license; any violation of the procedure for the sale, accounting or storage of weapons or ammunition entails quite harsh measures. Also, often the objects of inspection by law enforcement agencies are medical organizations that offer services for issuing commission opinions on the health status of the future owner of the gun.

But not only officials or legal entities can be prosecuted under the Code of Administrative Offenses of the Russian Federation for violations related to the circulation of weapons. The same article (parts 4-6) also provides for the responsibility of citizens for:

violation of the rules of storage, carrying or destruction - should not be confused with illegal storage, carrying, etc. Violations of the rules of storage or carrying may consist, for example, in the absence of a safe in the house at all or in the absence of a locking device in it. At the same time, the gun, stored with such violations of the law, was purchased in accordance with all the rules and with permission;
carrying a weapon by a person who is intoxicated (alcohol or drugs). For liability under this norm of the Code of Administrative Offenses of the Russian Federation, the fact of the citizen’s consumption of alcoholic beverages or prohibited narcotic (psychotropic) substances must be established, and a medical examination must be carried out;
a similar offense for refusing to undergo examination;
offenses related to gun collecting regulations;
Illegal trafficking of traumatic or firearms smooth-bore long-barreled weapons - acquisition, storage, carrying, transfer, transportation, sale (other forms of sales and manufacturing entail criminal liability).

Punishment that may be imposed on individuals under Art. 20.8 of the Code of Administrative Offenses of the Russian Federation, varies from 500 rubles (for a regular violation of storage rules) to confiscation of the subject of the offense (a gun) and arrest for 15 days (for example, for the illegal sale of an LLC). A legal entity for similar actions may be subject to a fine of up to half a million rubles.

In practice, there are cases when a person’s actions contain both signs of an administrative offense and a criminal offense.

Example No. 2 . Nosov N.G. actually took over the inheritance after the death of his father and settled in his house. Later, he registered the house in his name, receiving a certificate of inheritance. A few years later, he discovered his father’s gun in the attic of the house, for which there were no documents. Nosov N.G. I did not apply for a license because I found the bureaucratic procedure of contacting the licensing department too time-consuming and expensive. When the fact of storage was revealed, in relation to Nosov N.G. a criminal case was initiated under Art. 222 of the Criminal Code of the Russian Federation for illegal possession of weapons, which was subsequently terminated due to the presence in Nosov’s actions only of an administrative offense provided for in Part 6 of Art. 20.8 of the Code of Administrative Offenses of the Russian Federation (illegal acquisition and storage of civilian firearms smoothbore), he was given a fine of 5,000 rubles with confiscation of the hunting rifle.

The example shows that objectively, Nosov’s actions contain signs of illegal storage within the meaning of Art. 222 of the Criminal Code of the Russian Federation and within the meaning of Part 6 of Art. 20.8 Code of Administrative Offenses of the Russian Federation. Administrative law applies.

What is this

There is no legal concept of “traumatic weapon” in the Russian legal framework.

The conceptual apparatus of the Federal Law “On Weapons” contains a definition of firearms of limited destruction and classifies them as:

short-barreled;
trunkless.

The purpose of application is to hit a living creature mechanically without causing death. Method of application - throwing a cartridge case with a traumatic effect, which may have a powder or other charge.

Specifications must meet the following criteria:

the charge cannot exceed ten rounds;
the energy output at the moment of firing from the muzzle of a pistol, revolver and other type of tram cannot exceed 91 Joule;
country of origin: Russia.

Since this means of self-defense does not have a lethal effect, it is considered one of the types of civilian weapons.

Manufacturing

Weapons production in Russia is the prerogative of state and private paramilitary enterprises, whose control is so strict that almost every gram of raw materials used for cartridges and components is subject to counting. The Supreme Court of the Russian Federation, in a resolution of the Plenum of March 12, 2002, stipulates in a separate paragraph that relations between paramilitary enterprises in production and supply, subject to the Law “On Weapons,” do not entail any liability.

Production in artisanal conditions, without control and without a special license is criminally punishable; liability for this is provided for in a separate article 223 of the Criminal Code of the Russian Federation, which prohibits three possible actions:

direct manufacturing, that is, creation - for example, when one weapon is assembled from components of different types of weapons - it may look completely different from the models whose parts were used;
alteration - for example, when a firearm is produced from a flare gun, an air pistol or a sports weapon, which falls under the characteristics of a civilian weapon, that is, prohibited in circulation without a special permit. The appearance of the converted item is almost completely preserved, but the functions change;
repair - when a faulty gun is repaired, as a result of which it becomes possible to use it to hit a target.

Punishment for such actions can reach up to 8 years in prison. In cases where the subject of the crime is a weapon of limited destruction (traumatic) or gas, the punishment is milder - up to 2 years in prison.

Article 223.1 of the Criminal Code of the Russian Federation provides for liability for the illegal manufacture (as well as alteration, repair) of explosive devices; punishment can be imposed for a term of up to 12 years in prison with an additional fine of up to 500,000 rubles.

Is it possible to use a weapon without a license?

There are some types of weapons that also do not require a license to use. This is a so-called self-defense weapon. In addition to air pistols, there is no need to obtain permits for:

gas cartridges;
stun guns;
edged weapons, etc.

If we talk about an air pistol, then, by law, you can actually own one without a license. But there are nuances. For example, in self-defense they can only frighten the attacker. If the owner shoots, he may injure a person, and for this he may be held liable on the basis of one of the articles of Chapter. 16 of the Criminal Code of the Russian Federation.

The most common types of weapons for self-defense are gas canisters and stun guns. They are used primarily to neutralize an attacker. An alternative can be edged weapons, that is, knives, axes, etc.

But they should be used with great caution, as exceeding self-defense will result in criminal penalties.

When purchasing a pistol, you should take care of obtaining a special permit, since without a license you can get a prison sentence

On the other hand, it is important to be careful when using it in self-defense. Exceeding self-defense can be regarded as unlawful actions, and this often ends in a suspended or real sentence for the owner

Who can be involved

For the commission of most crimes that are covered by the concept of “illegal trafficking in weapons,” any person over 16 years of age can be held accountable. Teenagers over 14 years of age may also be charged for some crimes in this area:

if the actions are related to the illegal trafficking of explosive devices or explosives, including their production (that is, Articles 222.1, 223.1 of the Criminal Code of the Russian Federation);
if the actions are related to the theft or extortion of any weapons or ammunition.

As for judicial practice, sentences against minors under Art. Art. 222-226 of the Criminal Code of the Russian Federation are issued quite rarely.

Officials whose work is related to issuing a license, destroying cartridges, etc., can only bear administrative liability for violations committed in their activities.

Commentary on Article 222 of the Criminal Code of the Russian Federation

Commentary edited by Rarog A.I.

1. The object of the crime is public safety in the sphere of legal circulation and handling of items specified in parts 1 and 4 of this article, respectively.

2. The subject of the crime provided for in Part 1 is a firearm (with the exception of civilian smooth-bore weapons, its main parts and ammunition), its main parts, ammunition, explosives, explosive devices. The definition of these concepts is given in paragraphs 2 - 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 12, 2002 No. 5 “On judicial practice in cases of theft, extortion and illegal trafficking of weapons, ammunition, explosives and explosive devices.” The subject of the crime provided for in Part 4 is gas weapons, edged weapons, including throwing weapons (see paragraphs 6, 9 of the above-mentioned Resolution).

3. The objective side of the crime provided for in Part 1 is the performance of any of the actions listed in the disposition of this part of Art. 222 of the Criminal Code in relation to the subject of the crime, if such an action is illegal. The objective side of the crime provided for in Part 4 of Art. 222 of the Criminal Code, forms the sale of the items specified in this part. The crime is over from the moment the act is committed. The concepts of acquisition, transfer, sale, storage, transportation, carrying are disclosed in paragraph 11 of the above-mentioned Resolution of the Plenum of the Supreme Court of the Russian Federation. The legal procedure for performing these actions is regulated by Federal Law N 150-FZ of December 13, 1996 “On Weapons”, other laws (see, for example, paragraph 3 of Article 45 of Law N 2202-1 of January 17, 1992 “On Prosecutor's Office of the Russian Federation"), by-laws (see, for example, Rules for the circulation of military hand-held small arms and other weapons, ammunition and cartridges for them, as well as bladed weapons in state paramilitary organizations, approved by Decree of the Government of the Russian Federation of October 15, 1997 N 1314 (as amended by Government Decrees No. 1584 of December 30, 1998, No. 708 of June 29, 1999, No. 173 of February 29, 2000, No. 438 of June 5, 2000, No. 838 of November 2, 2000, dated March 11, 2002 N 146)).

4. The qualifying features of Parts 2 and 3 are disclosed in the commentary to Art. 35 of the Criminal Code.

5. The subjective side of the crime is direct intent.

6. The subject of the crime is a person who has reached the age of 16 years.

7. The note provides the basis for mandatory exemption from criminal liability for crimes under Art. 222 of the Criminal Code. The sign of voluntariness is disclosed in paragraph 19 of the above-mentioned Resolution of the Plenum of the Supreme Court of the Russian Federation.

There is a problem

Today we will talk about two parts of this article, which in real law enforcement practice, if misinterpreted by officials responsible for control over the circulation of weapons on the territory of the Russian Federation, entail not only the emergence of various legal consequences, but can also serve as a basis for violating the rights of citizens when replacing one parts of another. We are talking about Part 4 of Art. 20.8 of the Code of Administrative Offenses and part 6 of the same article.

Let me remind you that from 2021, on the basis of the federal law dated 07/03/2016 No. 227-FZ (as amended on 06/06/2019) “On amendments to certain legislative acts of the Russian Federation and the recognition of certain legislative acts (legislative provisions) as invalid acts) of the Russian Federation”, the Russian Guard became the executive body authorized to exercise control in the field of arms trafficking.

However, the transfer of control over the circulation of weapons from the Ministry of Internal Affairs to the new security structure did not have a very strong impact on the quality of law enforcement practice.

Another comment on Article 222 of the Criminal Code of the Russian Federation

1. The subject of the crime is firearms, their main parts, ammunition, explosives and explosive devices. It does not include pneumatic weapons, signal, starting, construction and installation pistols and revolvers.

A firearm is a weapon designed to mechanically destroy a target at a distance with a projectile that receives directional movement due to the energy of a powder or other charge.

The main parts of a firearm: barrel, bolt, drum, frame, receiver.

Ammunition – weapons and projectile equipment intended to hit a target and containing an explosive, propelling or expelling charge or a combination thereof.

2. On the concept of explosives, see the commentary to Art. 218 CC. Explosive devices are industrial or home-made products that functionally combine an explosive substance and a device for initiating an explosion (fuse, fuse, detonator, etc.).

3. A faulty or training firearm can only be recognized as the subject of a crime when the perpetrator had the intention and real opportunity to bring it into a condition suitable for shooting or it contained components suitable for use.

4. The acquisition of items specified in the law means receiving them into permanent or temporary possession by any means.

Transfer means their temporary assignment to other persons who do not own them.

Sales should be understood as their irrevocable (as opposed to illegal transfer) alienation into the ownership of other persons as a result of any illegal transaction (paid or gratuitous).

Storage means actual possession of them, regardless of the specific location (in a home, outbuildings, special hiding place, etc.); transportation - actions to move these objects, regardless of the method of transportation, but not directly in front of the accused.

Carrying occurs in cases where the perpetrator secretly or openly keeps them with him, i.e. in clothes, bag, briefcase, etc.

5. Listed in Part 1 of Art. 222 actions are considered illegal if they are committed in violation of the rules for the circulation of weapons, ammunition, explosives, explosive devices established in regulations.

6. The crime is completed from the moment of commission of any of the actions specified in the law.

7. The subjective side of the crime is characterized by direct intent.

8. The subject of the crime is a sane person who has reached the age of 16 years.

9. In accordance with Part 4 of Art. 222 criminalizes the illegal sale of civilian firearms, smooth-bore long-barreled weapons, firearms of limited destruction, gas weapons, edged weapons, including throwing weapons.

Firearms of limited destruction are short-barreled and barrelless weapons intended for mechanical destruction of a living target at a distance by the throwing equipment of a traumatic cartridge, receiving directed movement due to the energy of a powder or other charge, and not intended to cause death to a person.

Gas means a weapon designed to temporarily destroy a target, which can be a person or animal, by using toxic substances that have a tear-producing, irritating or other effect. To purchase and store it, you must obtain a license.

Mechanical sprayers, aerosols and other devices filled with tear and irritant substances are also classified as gas weapons, but can be purchased freely. In Russia, the circulation of any gas weapons equipped with nerve agents, poisonous or other substances that can cause harm to health is prohibited.

10. Melee weapons are:

- objects intended to hit a target using human muscular power in direct contact with the target, which include bladed weapons, other weapons of cutting, piercing, chopping or mixed action, as well as weapons of impact-crushing action (brass knuckles, nunchucks, flails, etc.);

– objects intended to hit a target at a distance with a projectile that receives directed movement using human muscular power (throwing knives and axes, darts, etc.) or a mechanical device (bows, crossbows, etc.).

11. The note to the commented article provides for a special type of exemption from criminal liability.

Legislative rules

Strict rules for carrying traumatic weapons have been developed. At the same time, you need to know that this includes firearms of limited destruction, using cartridges of traumatic effect.

The current rules for carrying a traumatic pistol require the owner to have a permit. It is necessary not only during storage, but also during transportation and, especially, use.

Since the illegal carrying of a traumatic weapon implies administrative liability, it is necessary to know the conditions under which it is possible to carry it:

long-barreled firearms are carried uncovered;
firearms with a short barrel are carried in a holster;
it must be unloaded even with a loaded magazine or drum;
cannot be worn with the fuse removed;
It is not allowed to load cartridges into the chamber while wearing it.

Such rules are based on protecting not only the owner from unwanted injury, but also those around him.

General information about storage

Violation of the procedure for storing bladed weapons does not entail the application of legal sanctions. This is due to the fact that there are no strictly legal rules on how to store such products. But the following universal rules can be identified:

mandatory presence of covers;
insulate the product out of the reach of children and third parties (it is better to use a safe or a lockable cabinet).

But they can be punished for illegally carrying or manufacturing bladed weapons. You can authorize the transportation of such weapons:

persons who require knives in the performance of official duties;
if the products are necessary for use in hunting, but only during the period of permission to hunt;
military, if the product is an award or trophy;
antique items, but only during cultural events;
as self-defense.

All other cases of exploitation may be subject to legal sanctions.

Important! Not in every case you will need a permit to operate and possess bladed weapons. For example, hunters who have a firearms permit also have access to the sale of knives.

Why do you need a permit?

In order for a citizen to properly store a smooth-bore weapon, as well as use it legally, he needs a license. Without this document, it is not possible to purchase the necessary gun and ammunition. Responsibility for carrying without permission and documents provides not only an administrative fine, but also deprivation of the opportunity to obtain a permit for several years.

In order not to break the law and obtain a license, you must:

First, decide on the brand and draw up an application for the licensing and permitting department.
Prepare all documents.

The application must be accompanied by:

A certificate stating that the applicant has completed a training course on weapons storage and successfully passed the exam.
Conclusion that a person’s knowledge of the safe handling of a shotgun was tested.
Medical certificate.
Photos.
Hunting license (if a hunting rifle is purchased).
On the right about paying the state duty.

In order to receive a certificate of passing the exams, you must complete a training course at a special training center. The duration of training is 3–4 months. As for the medical report, the future gun owner needs to undergo such specialists as a psychiatrist, narcologist, ophthalmologist, etc.

Important! Only one weapon can be purchased per license. One person can receive a total of 5 licenses at a time

The citizen’s application is considered within 10 days, after which he is sent a notification with a decision. The license is valid for six months. During this time, a civilian can purchase the desired weapon. But the design doesn't end there.

Next, you need to contact the LRO again (2 weeks after purchase are given for this) and exchange the license for a permit. The storage conditions of the gun will be checked, after which the person will be issued a permit. It is valid for 5 years, and after this period it can be extended.

A license may be refused for the following reasons:

age (less than 18 years);
incorrectly completed application;
absence of any document;
a conviction for an intentional crime or a large number of administrative offenses;
lack of permanent residence;
refusal to take training courses.

If a license has been refused, under no circumstances should you purchase a weapon illegally. Such a violation may result in administrative or criminal penalties.

https://youtube.com/watch?v=BYrq6BuO2gk%3Ffeature%3Doembed

If the permit is refused

If all conditions provided by law are met, obtaining a license will not take a long time. To speed up the procedure somewhat, you can contact specialized commercial centers that organize the collection of documents for a license.

However, the absolute grounds for refusal to issue a special permit are:

age less than 21 years, there are contraindications related to health conditions or the exam has not been passed;
persons who do not have a specific place of residence;
there are violations of hunting rules;
a conviction for committing an intentional crime of any nature has entered into legal force. The type of punishment does not play a significant role in this case, while at the same time, only the outstanding criminal record matters for refusal;
committing, within 12 months by the time of applying for a license, at least two administrative offenses related to an encroachment on administrative order (or public order);
prisoners who, at the time of applying for permission, are serving a sentence of imprisonment for committing a crime.

For example, all the necessary documents sufficient to obtain a permit have been collected. But the appeal was later, say, a year later. The issuance of a license will be refused due to an expired medical report (valid for 1 year).

If the issuance of a license is refused unreasonably, the actions of LRO employees are appealed to the court. Such cases are isolated, since an exhaustive list of requirements for the recipient of a license eliminates any ambiguities in the application of the law.

Types of weapons

Information about the main types of weapons is contained in the Law “On Weapons”.

All shooting devices, according to the legal act, are divided into the following types:

civil;
official;
hand-held rifle (combat).

The classification is made based on the operating principle of the firing mechanism of each type of gun. Let's look at them in detail.

Civilian weapons

In the hierarchy of weapons, it is considered the safest. This type of weapon is intended exclusively for peaceful purposes. It is mainly used as a means of self-defense.

In addition, it is allowed to use civilian weapons in leisure or for hunting, as well as for certain sports. According to general rules, the magazine design should hold no more than 10 rounds, and fire should be carried out exclusively in single shots.

An exception to the rule is a sports weapon, in which it is allowed to use cartridges in accordance with the regulations of the sports organization. It is also prohibited to use ammunition intended for combat models in civilian equipment.

Civil models also have their own classification:

Gas weapons (mechanical sprayers, gas pistols, aerosol sprayers).
Firearms with a limited range (mostly a pistol).
Shotgun. A variety created for hunting. Mainly used with a smooth barrel. However, the law allows the use of a rifled barrel with a diameter of no more than 140 mm.
Sports weapons. Designed for use in various sports.
Rare models. This type of weapon is usually used by collectors who collect a wide variety of models of shooting devices.

The Law on Weapons, in addition to the listed models, also includes bladed weapons, stun guns and antique guns in the list of civilian types.

Service weapon

Service equipment differs:

technical parameters;
circle of persons who are allowed to use it.

The “weapons” law states that only law enforcement officials can use service weapons. In addition to officials, it can be used by employees of various departments that perform law enforcement functions.

Service equipment includes: firearms, smoothbore, a model which has both a long and a short barrel. The dual energy must be within 300 J. As with civilian weapons, it is prohibited to fire in bursts. Identification characteristics of cartridges must differ from analogues in combat equipment.

Military small arms

The most powerful type of weapon, which is necessary to solve large-scale problems in the form of state defense. Intended for the army and other units providing defense functions. The circulation of combat equipment is clearly regulated by the Government of the Russian Federation.

Due to its high lethality, the weapon cannot be used for self-defense, since its use can seriously damage human health or lead to death.

Legal issues

Since 2014, amendments have been made to the Government Decree on the circulation of civilian weapons, which are still in effect. According to these amendments, it became possible for citizens of the Russian Federation to carry weapons in the following cases:

for holding sporting events;
during the hunting season;
for training or shooting practice;
for self-defense purposes.

It was the last point that became the key in resolving disputes about whether it is possible to carry a traumatic weapon with you.

You need to know that according to current legislation, the legal basis for carrying weapons is a permit issued by the relevant authorities. It must be issued in accordance with the procedure established by law and indicate the specific type and model of weapon.

What is illegal storage

Illegal possession of traumatic weapons is determined by the presence of a license - a document that confirms the right of a particular person to use a gun. A license is issued only to mentally healthy people who provide the necessary package of documents. Before obtaining a license, a person must also provide a special storage place and equip a so-called safe. This safe should limit access to the traumatic pistol for children and third parties.

Often, law enforcement officers observe a situation where, having received a license for a gun and having purchased it, people put it up for sale on the Internet. At the same time, they give the traumatic pistol to others for a certain amount, regardless of whether they have a license. By purchasing a gun this way, you may find yourself under the law and liable. In order not to answer under Art. 222 for the illegal acquisition of traumatic weapons, you must obtain a license in advance of purchasing a gun.

Any gun, regardless of its type, is subject to mandatory registration with the police. Registration is closely related to the place of registration, so if you do not have your place of residence registered in your passport, you may run into trouble. The number of the traumatic pistol is entered into the observation file and from that moment the length of ownership of the weapon is calculated. They issue a permit to store and use a gun for a period of 3 to 5 years. After this period, the owner is required to renew the license. If you change your place of residence, you must notify the police within two weeks and reissue your license regardless of its expiration date.

When renewing a license, the owner will face a fine, as well as the inability to obtain a license renewal for one year.

To obtain permission, you need to submit a written application to the local police department, provide a certificate of completion of courses in handling a gun, a certificate from a doctor about mental health, as well as a number of other documents, a list of which can be asked directly from police officers.

It should be noted that even after equipping a safe and providing the necessary documents, employees of the governing body may refuse a license. Permits are not issued to people under 18 years of age, persons registered in a mental hospital, those with previous convictions, persons suffering from epileptic seizures or having other health limitations. Those who have committed more than two administrative offenses during the year will also not receive a license. Problems may arise with obtaining a license for persons with visual acuity below 0.5 in one eye and below 0.2 in the other, as well as in the absence of the thumb and index finger or three fingers on one of the hands.

When the permit is expired

Let's start with the fact that you can extend your license for another 5 years by contacting the LRO three months before its expiration. Applying for an extension at a later date (for example, two weeks before the end of the 5-year period) may be grounds for refusal to renew.

To renew your license, you must submit to the Russian Guard the same documents as when you initially applied for the first purchase of a weapon, except for documents confirming passing the exam. When renewing your permit for the next five years, you do not need to take training courses.

In case of an expired permit, the owner of a traumatic weapon bears administrative penalties (from a warning to a fine of 3,000 rubles ).

Checking control services

Let’s assume a situation where a person carrying this type of weapon is intoxicated.

The punishment for illegally carrying weapons will be:

if a law enforcement officer refused to undergo a medical examination procedure;
If the person refuses, he will be charged with violating the rules of carrying weapons.

The liability will be deprivation of the right to purchase for 12 to 24 months. Accordingly, the person will be deprived of both a license and means of self-defense.

But there are routine checks by police officers of persons who own traumatic weapons. The main goal of this type of inspection is to control the storage method.

When visiting a residential building in which a licensee resides while he or she is away from the premises, officers will ask to present the weapon to verify license plates. Moreover, if family members resort to such a trick, the licensee will lose the weapon with the wording “failure to comply with storage conditions.”

No one other than the person who received the permit can know where the key to the safe or the code for opening the safe is located, otherwise the inspection by the control services will be accompanied by confiscation.

Checking weapons by police officers

Federal Law No. 150 entrusts control over the circulation, production, sale, storage and destruction of weapons on the territory of the country to the internal affairs bodies. In some cases, the inspection may be carried out by the Russian Guard.

The license is issued for a period of 5 years. Planned inspections of compliance with the rules for storing and using civil LLCs are carried out regularly by law, but at least once during the validity period of the license.

An unscheduled inspection by LRS or police employees can be organized following a complaint about the use of trauma, when a criminal case is initiated, or if there is a suspicion of violation of storage rules.

In the Ministry of Internal Affairs, each barrel of a rifled gun is registered with samples of bullets and cartridges being stored in the bullet case after the test shooting.

Rifled damage is checked once every 15 years before sale, before donation, after importing an LLC from another country during registration. In case of theft, loss, or commission of a crime using a rifled barrel, samples from the bullet case will help identify any specimen.

Criminal liability

Liability for illegal possession of a shotgun may be excluded if the person in possession of the gun voluntarily surrenders it to law enforcement agencies. If the subject committed a criminal act not related to the trafficking of weapons, a search is carried out in his house, and he said about the presence of a prohibited item, then this will not be a reason for exemption from liability. The fact is that reporting the presence of a gun is rather a forced measure rather than a voluntary one.

To bring a person to justice under Article 222 of the Criminal Code of the Russian Federation, it is initially necessary to determine:

where did he get the weapon item from;
why the license was not issued;
for what purpose the gun was stored or purchased;
whether the person has criminal motives;
the weapon was made independently or purchased ready-made (if it was invented independently, then it is necessary to take into account the source of supply of components).

Based on the information received, it is possible to formulate a violation and initiate a criminal case.

The judge decides what punishment for illegal possession of a smooth-bore weapon to impose on the perpetrator, depending on the nature of the violation committed. If it did not have serious consequences and qualifying characteristics, the perpetrator is punished by restriction of freedom or forced labor for 4 years. Possible arrest for up to 6 months and imprisonment for up to 4 years with or without a fine of 80 thousand rubles.

An aggravating circumstance is the commission of a crime by prior conspiracy by a group of persons. For a group crime, the legislator prescribes a prison term of 2 to 5 years with a fine of up to 100 thousand rubles. If there are serious consequences, imprisonment can be imposed for up to 8 years.

For the illegal sale of firearms, the legislator prescribes compulsory labor for up to 480 hours, correctional labor for up to 2 years, or restriction of freedom for the same period. Imprisonment for up to 2 years with or without a fine is also possible.

How to do it correctly

It is allowed to buy civilian weapons specifically for the purpose of self-defense, to protect one’s property, to engage in shooting sports and hunting.

Visiting public places is usually not associated with great risk to life; security there is maintained by law enforcement. Therefore, an ordinary trip to the cinema, to a recreation park, to a cafe or to a concert is best done unarmed.

Weapons should be transported to the place of training, competitions, or hunting in compliance with all precautions. A registered LLC is assigned to the owner; the number of the pistol, carbine, shotgun is indicated in the license issued in the name of a specific person. If a gun or pistol is used by an unauthorized person, the owner will be responsible for the consequences.

In order not to put yourself at risk and not to tempt strangers into taking possession of the gun, you need to carry the pistol concealed, close to the body, in a holster.

If you are going to take part in an event where alcoholic beverages will be consumed, then you need to remember that, regardless of the degree of intoxication, the mere presence of a weapon is already a punishable act.