I was charged under Part 1 of Art. 222 of the Criminal Code of the Russian Federation and Art. 223 of the Criminal Code of the Russian Federation. I was given a fine. Can I get a weapons permit after a month?

ST 223 of the Criminal Code of the Russian Federation.

1. Illegal manufacture, alteration or repair of firearms, their main parts (except for firearms of limited destruction), as well as illegal manufacture of ammunition -

shall be punishable by imprisonment for a term of three to five years with a fine in the amount of one hundred thousand to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of six months to one year.

2. The same acts committed by a group of persons by prior conspiracy, -

shall be punishable by imprisonment for a term of three to seven years with a fine in the amount of two hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years.

3. Acts provided for in parts one or two of this article, committed by an organized group, -

shall be punishable by imprisonment for a term of five to eight years with a fine in the amount of three hundred thousand to four hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of two to three years.

4. Illegal manufacture, alteration or repair of firearms of limited destruction or illegal manufacture of gas weapons, bladed weapons, throwing weapons, as well as illegal manufacture, alteration or equipment of cartridges for firearms of limited destruction or gas weapons -

shall be punishable by compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of one to two years, or restriction of liberty for a term of up to two years, or imprisonment for a term of up to two years with a fine in the amount of fifty thousand to eighty thousand rubles. or in the amount of wages or other income of the convicted person for a period of up to six months or without it.

Note

. A person who voluntarily surrenders the items specified in this article is exempt from criminal liability under this article.

Commentary to Art. 223 Criminal Code

1. The subject of the crime partially coincides with the subject of the crime described in Art. 222 of the Criminal Code.

2. From the point of view of the objective side of Art. 223 of the Criminal Code provides for two independent elements of crime.

The first of them (part 1) is characterized by alternatively provided illegal actions in relation to the subject of the crime: a) production; b) repairs (clause 11 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 12, 2002 No. 5).

3. The second corpus delicti (part 4) involves alternatively provided illegal actions in relation to the subject of the crime: a) production; b) rework; c) repairs; d) equipment.

4. Contents of the note to Art. 223 of the Criminal Code is similar to the note to Art. 222 of the Criminal Code.

Criminal liability for the manufacture of bladed weapons

Groups Prosecutor's Office of the Penza Region Clarifications of legislation

June 29, 2021 at 04:59 pm

Author: Prosecutor's Office of the Penza Region

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In accordance with paragraph 6 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 12, 2002 No. 5 “On judicial practice in cases of theft, extortion and illegal trafficking of weapons, ammunition, explosives and explosive devices” (hereinafter referred to as the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 12.03. 2002 No. 5) edged weapons can include industrially or home-made objects designed to hit a target using human muscular power in direct contact with the target, which include edged bladed weapons (daggers; combat, national, hunting knives, being weapons; bayonet-knives; sabers; checkers; swords, etc.), other weapons of cutting, piercing, chopping or mixed action (bayonets, spears, battle axes, etc.), as well as weapons of impact-crushing action (brass knuckles, nunchucks, flails, etc.).

Illegal production (Part 4 of Article 223 of the Criminal Code of the Russian Federation) and sale (Part 4 of Article 222 of the Criminal Code of the Russian Federation) of bladed weapons is criminally punishable. For committing these crimes, a punishment of up to 2 years in prison with a fine of up to 80 thousand rubles can be imposed.

In accordance with paragraph 11 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 12, 2002 No. 5, the illegal manufacture of edged weapons should be understood as their creation, including by altering any other items (for example, household items or sports equipment), without obtaining licenses in accordance with the established procedure, as a result of which they acquire the properties of edged weapons.

It should be remembered that, in accordance with the notes to Articles 222 and 223 of the Criminal Code of the Russian Federation, a person who voluntarily surrendered a weapon is exempt from criminal liability under these articles.

At the same time, as noted in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 12, 2002 No. 5, the voluntary surrender of bladed weapons does not mean the absence of corpus delicti in the act, therefore the termination of a criminal case and (or) criminal prosecution in accordance with the notes to these articles does not entail rehabilitation the person who committed the crime.

In addition, administrative liability is provided for illegal storage and carrying of bladed weapons under Article 20.8 of the Code of Administrative Offenses of the Russian Federation.

Based on materials provided by the prosecutor of the department for supervision of criminal procedure and operational investigative activities of the regional prosecutor's office.

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Second commentary to Art. 223 of the Criminal Code of the Russian Federation

1. The subject of the crime (Part 1 of Article 223) is a firearm, its parts, ammunition.

On the concept of firearms and ammunition, see the commentary to Art. 222 of the Criminal Code.

2. The objective side is formed by the illegal production, alteration or repair of the subject of the crime.

Manufacturing means their creation without obtaining a license in the prescribed manner, as well as the alteration of any items (flare guns, gas pistols), as a result of which they acquired the properties of a firearm, its components, ammunition, explosives or explosive devices.

Repairing firearms and their components means restoring their destructive properties.

Specified in Part 1 of Art. 223 actions entail criminal liability provided they are committed illegally.

The crime is completed from the moment of manufacture, alteration or repair specified in the disposition of Part 1 of Art. 223 items.

3. The subjective side presupposes direct intent.

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

5. In part 2 of Art. 223 provides for liability for the same acts committed by a group of persons by prior conspiracy, and in Part 3 of Art. 223 - by an organized group.

6. In part 4 art. 223 contains an independent corpus delicti. The subject of the crime is a firearm of limited destruction; gas, cold, including throwing weapons; cartridges for firearms of limited destruction or gas weapons.

7. The characteristics of the objective party depend on the subject of the crime. For the subject of a crime such as:

a) firearms of limited destruction, the illegal production, alteration or repair thereof is criminally punishable;

b) gas, cold steel, including throwing weapons - illegal production;

c) cartridges for firearms of limited destruction or gas weapons - illegal production, alteration or equipment.

8. In the note to Art. 223 contains a special type of exemption from criminal liability. Its content coincides with the content of the note to Art. 222 of the Criminal Code.

AZ-libr.ru

Note. A person who voluntarily surrenders the items specified in this article is exempt from criminal liability unless his actions contain another crime.

Comm. Khomchik V.V.

1. Under the components

Firearms refers to the main and other parts and components necessary to create such a weapon suitable for its intended use.
2. The illegal manufacture of firearms, components for them, ammunition, explosives or explosive devices entailing criminal liability should be understood as their creation without a license obtained in the prescribed manner or the restoration of lost destructive properties, as well as the alteration of any items (for example , rocket launchers, gas, pneumatic, starting and construction pistols, household items or sports equipment), as a result of which they acquire the properties of firearms, gas or bladed weapons, ammunition, explosives or explosive devices. When qualifying subsequent illegal actions with manufactured weapons (ammunition), it is necessary to proceed from those tactical and technical characteristics that the weapon converted by the perpetrator actually began to possess, and not those items that were altered (clause 11 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated March 12, 2002 No. 5 ). 3. Repair of firearms and their components
means correction of damage, repair, replacement of individual worn parts, including partial or complete disassembly of the weapon, as a result of which the weapon or its components acquire their lost properties.
The Law on Weapons and the Rules for the circulation of civilian and service weapons and ammunition on the territory of the Russian Federation establish that the issuance of a license (permit) for the production (manufacturing and repair) of service and civilian weapons and ammunition for them is carried out by the Ministry of Economic Development of Russia in agreement with the Ministry of Internal Affairs of Russia. Manufacture or repair of firearms, their components, as well as the manufacture of other types of weapons (except for gas self-defense weapons in the form of aerosol packages and pneumatic weapons), ammunition, explosives and explosive devices, both in factory conditions and in a homemade way, without proper permission should be declared illegal. 4. The definitions of the concepts “group of persons by prior conspiracy”, “organized group” are given in the commentary. to Art. 35. 5. The subjective side
is characterized
by direct intent.
Criminal liability begins at the age of 16. 6. Cases of surrender by a person who manufactured or repaired a firearm, as well as manufactured other items specified in the commented article, when he surrendered them of his own free will, regardless of motives, should be recognized as voluntary.

Federal Law of June 28, 2021 No. 231-FZ

RUSSIAN FEDERATION

THE FEDERAL LAW

On amendments to the Federal Law “On Weapons” and certain legislative acts of the Russian Federation

Adopted by the State Duma on June 16, 2021
Approved by the Federation Council on June 23, 2021

Article 1

Introduce into the Federal Law of December 13, 1996 No. 150-FZ “On Weapons” (Collected Legislation of the Russian Federation, 1996, No. 51, Art. 5681; 2001, No. 31, Art. 3171; 2003, No. 2, Art. 167; No. 50, Art. 4856; 2008, No. 52, Art. 6227; 2009, No. 1, Art. 17; No. 7, Art. 770; No. 30, Art. 3735; 2010, No. 23, Art. 2793; 2011, No. 1, Art. 10; No. 27, Art. 3880; No. 30, Art. 4596; No. 50, Art. 7351; 2012, No. 29, Art. 3993; 2013, No. 27, Art. 3477; 2014, No. 14 , Art. 1555; No. 30, Art. 4228; 2015, No. 1, Art. 76; No. 10, Art. 1393; No. 29, Art. 4356; 2021, No. 1, Art. 28; No. 15, Art. 2066 ; No. 27, Art. 4160; No. 28, Art. 4558; 2021, No. 14, Art. 1996; No. 27, Art. 3948; No. 50, Art. 7562; 2021, No. 11, Art. 1574; No. 30, Art. 4554; 2021, No. 30, Art. 4134; No. 31, Art. 4439) the following changes:

1) part one of Article 1 is supplemented with the following paragraphs:

“smooth-bore firearms are firearms whose bore has a round cross-section, a cylindrical or conical shape and a smooth (flat) inner surface along its entire length;

rifled firearm (firearm with a rifled barrel) - a firearm, the bore of which has a cross-section, shape or rifling (protrusions and recesses) on the inner surface, giving the thrown equipment a rotational movement around its axis during the firing process;

trigger mechanism - a weapon mechanism designed to control the start and end of firing;

percussion mechanism - a mechanism of a weapon that ensures the actuation of a percussion means of initiating a cartridge;

alteration of a weapon - replacement or change in the shape and (or) size of the main parts of a firearm or parts of the striking and trigger mechanisms of a weapon, replacement or change of parts of a decommissioned weapon, pneumatic weapon, signal weapon, gas weapon or throwing small weapon, which entailed a change in the technical characteristics of the weapon taken into account during the certification of weapons (mandatory confirmation of compliance), destruction or change of markings, numbers and (or) brands of weapons.”;

2) paragraph one of Article 2 after the word “Weapons” is added with the words “is a source of increased danger and”;

3) in article 3:

a) part one, after the words “authorized in the field of arms trafficking,” shall be supplemented with the words “federal executive body authorized in the field of ensuring the security of the Russian Federation”;

b) in paragraph three of paragraph 3 of part two, the words “including with a threaded part length of not more than 140 mm” should be deleted;

4) part five of Article 4, after the words “authorized in the field of arms trafficking,” shall be supplemented with the words “federal executive body authorized in the field of ensuring the security of the Russian Federation”;

5) in article 6:

a) in paragraph 1:

in paragraph two, replace the words “barrel or length” with the words “solid barrel from its breech or solid length”;

in paragraph nine, after the words “authorized in the field of arms trafficking,” add the words “federal executive body authorized in the field of ensuring the security of the Russian Federation”;

b) add paragraphs 13 - 15 with the following content:

“13) storage by legal entities (except for state paramilitary organizations) of weapons in premises intended for their storage, not equipped with a security alarm with output to the security console of organizations that have the right, in accordance with the legislation of the Russian Federation, to protect the relevant premises;

14) storage of decommissioned weapons by citizens and legal entities (except for state paramilitary organizations) without notification of this in accordance with this Federal Law of the federal executive body authorized in the field of arms circulation, or its territorial body at the citizen’s place of residence or at the location of the legal entity faces;

15) alteration of weapons.”;

6) part two of Article 7 should be supplemented with sentences as follows: “Mandatory confirmation of the conformity of civilian and service weapons (with the exception of weapons of cultural value, including copies of ancient (antique) weapons and replicas of ancient (antique) weapons) is carried out in the presence of a federal conclusion executive body exercising the functions of developing and implementing state policy and legal regulation in the field of internal affairs, on compliance with the forensic requirements provided for in Articles 3 and 4 of this Federal Law. The form of this conclusion and the procedure for its issuance are established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of internal affairs, in agreement with the federal executive body authorized in the field of arms trafficking. The procedure for conducting expert research in order to determine the compliance of civilian and service weapons with forensic requirements is established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of internal affairs. The transfer of weapons by the owner for mandatory confirmation of compliance is carried out on the basis of a referral issued by the federal executive body authorized in the field of weapons circulation, or its territorial body. The form and procedure for issuing a referral for the transfer of weapons are established by the federal executive body authorized in the field of arms trafficking.”;

7) in article 9:

a) in part six:

add a new third paragraph with the following content:

“the acquisition of civilian and service weapons and ammunition for them by organizations subordinate to the federal executive body authorized in the field of arms circulation, which, in accordance with the legislation of the Russian Federation, have the right to use military hand-held small arms;”;

paragraphs three to seven shall be considered paragraphs four to eight, respectively;

b) part nine after the words “Federal Law” is added with the words “(except for decommissioned weapons)”;

c) add parts ten and eleven as follows:

“The acquisition, exhibition and collection of decommissioned weapons are not subject to licensing. The owner of a decommissioned weapon is obliged to notify the federal executive body authorized in the field of weapons circulation, or its territorial body, within two weeks from the date of acquisition of this weapon for its registration. The procedure for submitting a notification of the acquisition of decommissioned weapons and its form are established by the federal executive body authorized in the field of weapons circulation.

The provision of licenses provided for by this article in cases established by the federal executive body authorized in the field of arms trafficking is confirmed by entries made in the registers of licenses and permits of the federal executive body authorized in the field of arms trafficking (hereinafter referred to as the registers of licenses and permits). The day a license is granted is the day an entry about the grant of a license is made in the registers of licenses and permits.”;

add Article 92 with the following content:

“Article 92. Maintaining registers of licenses and permits

In order to record and control the circulation of civilian and service weapons on the territory of the Russian Federation, the federal executive body authorized in the field of weapons circulation creates and maintains electronic registers of licenses and permits.

Registers of licenses and permits include information on licenses issued (provided) by the federal executive body authorized in the field of arms trafficking, or its territorial body, provided for in Article 9 of this Federal Law, and permits provided for by this Federal Law and adopted in accordance with according to the regulatory legal acts of the Government of the Russian Federation.

The registers of licenses and permits must contain the following information:

1) the full and (if any) abbreviated name, including the company name, and the organizational and legal form of the legal entity, the address of the legal entity within its location, the state registration number of the record of the creation of the legal entity to which the license was issued ( permission has been issued);

2) last name, first name and (if any) patronymic of the individual entrepreneur, name and details of his identity document, address of his place of residence, state registration number of the record of state registration of the individual entrepreneur to whom a license was issued (permit issued);

3) last name, first name and (if any) patronymic of the citizen to whom the license was issued (permission was issued), name and details of his identity document;

4) name of the body that issued (granted) the license (permit);

5) the basis and date of issue (granting) of the license (permit), number and validity period;

6) the basis and date for re-issuing a license (permit) or making changes to the register of licenses and permits;

7) the basis and date of extension of the license (permit);

the basis and date of revocation of the license (permit);

9) other information established by regulatory legal acts of the Russian Federation necessary to control the circulation of weapons.

The procedure for forming and maintaining registers of licenses and permits, as well as the form and procedure for providing extracts from registers of licenses and permits are established by the Government of the Russian Federation.

The provision of permits provided for by this Federal Law or normative legal acts of the Government of the Russian Federation adopted in accordance with it in cases established by the federal executive body authorized in the field of arms trafficking is confirmed by entries made in the registers of licenses and permits. The day the permit is granted is the day the entry on the grant of the permit is made in the registers of licenses and permits.

An extract from the register of licenses and permits is provided (issued) in relation to licenses and permits provided for in part eleven of article 9 of this Federal Law and part five of this article.”;

9) in article 13:

a) part one should be stated as follows:

“The right to purchase civilian firearms of limited destruction, hunting weapons, smooth-bore long-barreled self-defense weapons have citizens of the Russian Federation who have reached the age of 21, citizens of the Russian Federation who have not reached the age of 21, who have completed or are undergoing military service, as well as citizens who are serving in state paramilitary organizations and having military ranks or special ranks or class ranks of justice. Citizens of the Russian Federation belonging to the indigenous peoples of the Russian Federation, leading a traditional way of life, carrying out traditional farming and engaged in traditional crafts in places of traditional residence, as well as citizens engaged in professional activities related to hunting, and employees of legal entities with special statutory tasks have the right to purchase hunting weapons upon reaching the age of 18. Citizens of the Russian Federation have the right to purchase gas weapons, sports weapons, smooth-bore long-barreled hunting firearms and long-barreled hunting firearms with a rifled barrel for sports, signal weapons, bladed weapons intended for wearing with the national costumes of the peoples of the Russian Federation or Cossack uniforms. who have reached the age of 18.";

b) add part five with the following sentence: “Citizens of the Russian Federation who have received a license to purchase civilian long-barreled firearms, before the expiration of the first two years of ownership of such weapons, are not allowed to purchase, for the purposes of self-defense or hunting, long-barreled smooth-bore firearms that have more than two barrels or a magazine. (drum).";

c) in part eighteen, the second sentence should be stated as follows: “Citizens of the Russian Federation who are owners of firearms of limited destruction, gas pistols or revolvers, civilian firearms smooth-bore long-barreled self-defense weapons, with the exception of citizens serving in state paramilitary organizations and having military ranks or special ranks or class ranks of justice, as well as those who served in these organizations and were transferred from them to the reserve or retired with the right to a pension, are required to undergo testing of knowledge of the rules of safe handling of weapons and the availability of safe handling skills at least once every five years weapons and submit to the federal executive body authorized in the field of arms trafficking, or its territorial body that issued permits to store or store and carry weapons, documents confirming that they have passed the specified check,” add the words “and those dismissed from these organizations with the right for a pension - a document confirming that they have length of service giving them the right to receive a pension for long service”;

d) in part twenty:

paragraph 3 should be stated as follows:

“3) having an unexpunged or outstanding conviction for an intentional crime;”;

add paragraphs 31 - 35 with the following content:

“31) having an expunged or expunged conviction for a serious or especially serious crime, as well as for an intentional crime of average gravity, committed with the use (use) of weapons, ammunition, explosives, explosive or simulating devices, specially manufactured technical means, narcotic drugs, psychotropic, potent, toxic and radioactive substances, medicinal and other chemical and pharmacological preparations;

32) who have an expunged or expunged criminal record for an intentional crime related to illegal trafficking in weapons;

33) having an expunged or expunged conviction for a crime of a terrorist nature and (or) extremist nature, as well as for a crime committed for the purpose of promoting, justifying and supporting terrorism;

34) having an expunged or expunged criminal record for an intentional crime committed with the use of violence against a minor (minor);

35) convicted of committing a crime two or more times;”;

add paragraph 51 with the following content:

“51) brought to administrative responsibility for committing an administrative offense providing for administrative arrest as one of the types of administrative punishment, as well as brought to administrative responsibility for the consumption of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances, for driving a vehicle in a state of intoxication or transferring control of a vehicle to a person who is in a state of intoxication - until the expiration of one year from the date of expiration of the period during which the person is considered subject to administrative punishment;";

Clause 10 is declared invalid;

10) in article 20:

a) part four shall be supplemented with a new second sentence as follows: “For donation and inheritance of decommissioned weapons, the heir or the person in whose favor the donation is made does not require a license to purchase civilian weapons.”;

b) add part seven as follows:

“The person who sold or donated it shall notify the federal executive body authorized in the field of arms circulation, or its territorial body at the place where the weapon is registered, about the sale or donation of a decommissioned weapon. The form and procedure for submitting this notification are established by the federal executive body authorized in the field of arms trafficking. The transaction for the sale and donation of decommissioned weapons must be completed in simple written form.”;

11) Article 22 shall be supplemented with part eight as follows:

“Persons who legally own weapons are required to present the weapon for inspection, as well as provide access to the places of its storage to officials of bodies authorized to control the circulation of weapons in order to perform control functions.”;

12) Article 25 shall be supplemented with parts five to seven as follows:

“The person who legally owned it must immediately, but no later than 24 hours, report the loss or theft of a weapon subject to registration with the federal executive body authorized in the field of arms trafficking, or its territorial body. , authorized in the field of arms trafficking.

Weapons and (or) ammunition converted into state property in accordance with the procedure established by the legislation of the Russian Federation, including those confiscated in accordance with the legislation of the Russian Federation on administrative offenses, are destroyed by the troops of the National Guard of the Russian Federation.

Owners of weapons (with the exception of state paramilitary organizations and legal entities producing weapons and ammunition) have the right to hand over their weapons and (or) ammunition to the territorial bodies of the federal executive body authorized in the field of arms trafficking for destruction. Weapons and (or) ammunition for them are destroyed free of charge by the troops of the National Guard of the Russian Federation on the basis of an application from their owner, without compensating the owner for the cost of such weapons and ammunition for them.”;

13) in article 26:

a) in part one:

the first paragraph after the words “(or) permission,” shall be supplemented with the words “and withdrawn”;

add paragraph 41 with the following content:

“41) failure by a person who legally owns a weapon to fulfill the obligation to present the weapon for inspection or provide access to its storage places to officials of the bodies authorized to control the circulation of weapons;”;

b) in part five the words “citizen - after one year from the date of expiration of the period for imposing an administrative penalty in the form of deprivation of the right to acquire weapons or the right to store or store and carry weapons or from the date of elimination (termination) of the circumstances that exclude in accordance with this The federal law replaces the possibility of obtaining such a license and (or) permit with the words “citizen - from the day the circumstances precluding the possibility of obtaining a license to purchase civilian weapons are eliminated (cessation)”;

14) in article 27:

a) paragraph three of paragraph 1 of part one should be stated as follows:

“carrying of weapons by citizens who are intoxicated, failure by the person carrying the weapon to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication, violation by citizens of the rules for storing, manufacturing, selling, transferring or using weapons and ammunition for them, sending weapons ;";

b)