Some types of pneumatic weapons can be stored and, moreover, used only with the appropriate permission - a license.
It is impossible to bypass the procedure for obtaining a license; other approaches are considered illegal and will only lead to serious disastrous consequences.
Pneumatics are in great demand in Russia, as there are many models that are copies of military weapons. Every person wants to protect themselves, because pneumatics can have a psychological effect. In addition, the cost of an air pistol compared to its combat counterpart is extremely low.
However, before we provide an algorithm of actions that an ordinary citizen must implement in order to obtain a permit for a pneumatic weapon, we will find out which pneumatic weapon requires permitting documents.
Pneumatic permit
The Weapons Law defines the division of all types of pneumatic weapons into 3 groups according to the magnitude of muzzle energy.
- The first group is represented by low-power specimens. Their energy does not exceed 3 J. To put it mildly, any citizen can purchase such toys without any documents.
- The second group is represented by weapons with a shot energy of up to 7.5 J. Although a permit is not required, such weapons should only be purchased in gun stores, where an adult citizen will be provided with all the documents and a purchase certificate.
- Finally, the third group, which requires just permission, is characterized by high shot energy, which exceeds 7.5 J. In this case, the caliber of the weapon is 4.5 mm, and the bullet speed (initial) is 150 m/s.
Possession of weapons with indicators characteristic of the first and second groups does not require any licensing actions. Free circulation implies the acquisition, carrying and storage of weapons.
When it comes to a permit for pneumatics, it is necessary to clearly understand that it consists of two documents. The first document allows you to purchase pneumatics, and the second allows you to use it. The use of weapons with energy exceeding 25 J, of course, must also be accompanied by the issuance of a license.
Administrative offenses – Code of Administrative Offenses
We will begin our analysis of liability for an air pistol with administrative offenses. The supporting law here will be the Code of Administrative Offences. Here it is worth firmly remembering that Federal Law defines a weapon as anything above 3 J. Therefore, most of the points for “light” pneumatics can be safely dismissed. But again, I ask you to find out once again what type your pneumatics are.
Article 8.37. Code of Administrative Offenses of the Russian Federation “Violation of hunting rules”
provides for the imposition of an administrative fine on citizens in the amount of one thousand to two thousand rubles with or without confiscation of hunting tools, or deprivation of the right to hunt for a period of up to two years.
Article 20.8. Code of Administrative Offenses of the Russian Federation “Violation of the rules for the production, sale, storage or accounting of weapons and ammunition for them”
"4. Violation of the rules for storing, carrying or destroying weapons and ammunition for them by citizens - entails the imposition of an administrative fine in the amount of five hundred to two thousand rubles or deprivation of the right to purchase and store or store and carry weapons for a period of six months to one year.”
A violation may be the same loaded and equipped state of an air pistol when carried in the city, carrying a weapon at public events, etc.
Article 20.9. Code of Administrative Offenses of the Russian Federation “Installation on civilian or service weapons of a device for silent shooting or a sight (sighting system) for night vision (with the exception of sights for hunting)”
provides for the imposition of an administrative fine in the amount of two thousand to two thousand five hundred rubles with confiscation of a device for silent shooting or a sight (sighting system) for night vision.
Article 20.10. The Code of Administrative Offenses of the Russian Federation “Illegal manufacture, sale or transfer of pneumatic weapons” provides for the following:
“Illegal manufacture, sale of pneumatic weapons or transfer of pneumatic weapons with a muzzle energy of more than 7.5 joules and a caliber of 4.5 millimeters without permission from internal affairs bodies - entails the imposition of an administrative fine on citizens in the amount of one thousand to five thousand rubles with confiscation of the pneumatic weapon or without it."
Article 20.12. The Code of Administrative Offenses of the Russian Federation “Shipment of weapons, violation of the rules of transportation, transportation or use of weapons and ammunition for them” contains the following offenses:
"1. Sending weapons - entails the imposition of an administrative fine in the amount of five hundred to one thousand rubles with or without confiscation of weapons.
2. Violation of the rules for transporting weapons and ammunition for them - entails the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
3. Violation of the rules for the use of weapons and ammunition for them - entails the imposition of an administrative fine in the amount of one thousand five hundred to three thousand rubles or deprivation of the right to purchase and store or store and carry weapons for a period of one to two years.”
Article 20.13. Code of Administrative Offenses of the Russian Federation “Firing weapons in designated places in violation of established rules or in places not designated for this” (!!!)
"1. Firing a weapon in designated areas in violation of the established rules - entails the imposition of an administrative fine in the amount of three thousand to five thousand rubles with or without confiscation of the weapon and ammunition.
2. Firing weapons in populated areas or in other places not designated for this purpose - entails the imposition of an administrative fine in the amount of forty thousand to fifty thousand rubles with confiscation of weapons and ammunition for them, or deprivation of the right to purchase and store or store and carry weapons in a term of one and a half to three years with confiscation of weapons and ammunition.
3. The action provided for in Part 2 of this article, committed by a group of persons or by a person in a state of intoxication , shall entail the imposition of an administrative fine in the amount of fifty thousand to one hundred thousand rubles with confiscation of weapons and ammunition for them or deprivation of the right to acquire and store or storage and carrying of weapons for a period of three years with confiscation of weapons and ammunition.”
The worst article for all owners of air guns. Understanding the “high level of development” of sports culture, especially in the regions, the implementation of this point is sometimes simply impossible.
Algorithm for obtaining permission
You will have to think about obtaining permits even before purchasing a pneumatic gun. If you do not use sellers, but go to a gun store, then they will not sell you powerful pneumatics without permission to purchase.
Having decided to purchase a weapon, even a pneumatic one, you will need to choose the most suitable model. To do this, a potential buyer must clearly define for himself why he needs a revolver? Will it be a pistol or a shotgun? Which models should be preferred?
Individuals purchase pneumatic weapons, as a rule, for self-defense, for sports, and less often for hunting. A permit for a high muzzle energy air rifle can be obtained using the same algorithm as a pistol, so we will describe the general plan of action. Without experience in handling weapons, it will be difficult to make the right choice, so it is better to take the advice of comrades who are more knowledgeable in this matter.
What uses of air guns are legally possible?
In Federal Law No. 150, which is called “Civil Weapons,” pneumatic equipment with a force of more than 3 Joules is considered sports equipment. A pistol or shotgun that has an energy of around 25 Joules is classified as hunting equipment.
The use of equipment of this type for self-defense is prohibited. Air guns are not considered the best choice for personal protection also because the damaging effect and force of the shot are insignificant. But legal proceedings in our country are familiar with frequent cases where people who used pneumatic weapons for self-defense fell under an article of the criminal code for illegal use of weapons.
The fact that there was a real and immediate threat to their lives was not taken into account as reasons for imposing a lesser sentence. A pneumatic weapon can cause serious injuries to an attacker, which in some cases are incompatible with life, and this is an excess of self-defense.
In case of violation of the above rules established by law, the defender may be brought to administrative liability. The method of punishment will depend on the seriousness of the act. Article 20 of the Code of Administrative Offenses specifies financial punishment for shooting in permitted places, but taking into account violation of the requirements established by law in the amount of 3000-5000 rubles. Moreover, the equipment is confiscated.
If the shooting took place in a prohibited place (for example, this includes city limits), then the offender will be fined 40,000-50,000 rubles. His weapon is confiscated or his carrying, acquisition and storage is prohibited for up to 3 years. If it is additionally discovered that the shooter was under the influence of alcohol or drugs, the fine increases to 50,000-100,000 rubles. It is likely that this person's unlawful actions will be considered hooliganism. The punishment under the established article of the Criminal Code (Article 213) is much more serious - both in terms of a monetary fine and in terms of possible imprisonment (up to 7 years).
Where to start paperwork
A license for pneumatic weapons, as well as for weapons of other types, is issued in the licensing and permitting department. Until recently, this department existed in every municipal police department, but now the powers to control the circulation of weapons have been transferred to the troops of the National Guard of the Russian Federation.
The Department of Licensing and Permitting Work (OLRR) under the NG RF is fully responsible for obtaining permits and licenses. A citizen must contact the department that operates at the place of his registration. Preparation for submitting documents begins with studying the work schedule of the OLRR, which is very strange.
- The first thing you have to do at the department is submit an application. In order not to waste precious time, it is advisable to prepare the application in advance. To do this, download a form from any resource dedicated to licensing issues and fill it in with your data. Otherwise, you need to look for a sample of writing an application at the department’s information stand.
- Without a passport, a citizen will not be able to receive any government services, since this document serves for personal identification. When submitting an application, you must present not only the original document, but also previously made copies of pages with registration and personal data.
- Quite a lot of questions arise regarding passing a medical examination. It must be remembered that according to current Russian laws, a medical certificate for obtaining a license is presented in a strictly defined form - 002 O/u. In addition to the usual notes, it must contain a note from a psychiatrist and a narcologist. But an applicant for a license must additionally do a chemical blood test and attach the results to a medical certificate.
- For those who decide to purchase weapons for the first time, short-term courses on safe handling of weapons are provided. These courses are conducted by special training centers that have a certificate for educational activities. At the end of the training, the citizen is issued a certificate, on the basis of which he is allowed to take the exams. The exam is conducted in the form of answers to questions on the ticket. Questions cover topics such as gun safety, general legal issues, and firearms training theory. The applicant must then pass a practical exam. Upon successful completion of the training, a certificate is issued. OLRR employees will definitely require it.
- You must have your photo taken in advance of your first department appointment in order to present two photographs. They must be made in a 3 by 4 format. The following requirements are imposed on the image: view - full face; the image is clear, black and white; photo without headdress.
- The procedure for obtaining a weapons permit is paid. The amount is paid in the form of state duty according to the specified details. The department employee is obliged to provide all the necessary data for the transfer of funds. If you receive an electronic government service on a single portal, then payment is made by transfer from the bank card you specified. A receipt from the bank will serve as proof of payment of the state fee.
- In some cases, citizens apply for a permit to carry pneumatic hunting weapons. Presentation of a hunting license is not considered mandatory, but experience suggests that licensing department employees are more loyal to this document. This is not surprising, because to obtain a hunting license you must go through almost the same procedures.
A citizen’s application is considered within 10 days. During this time, the provided data is verified. If the applicant has no restrictions on obtaining a license, he will be sent an SMS notification. In this notice, OLRR employees invite the citizen to come to the department as soon as possible to receive the completed document in person. After receiving the notification, the citizen who submitted the application has 14 days to complete the paperwork.
The permission received will be valid for a limited time. In six months you will have to renew it, and failure to comply with the deadlines may result in the next application being submitted within a year.
Once the application is submitted, the licensing department may issue a notice of denial. This is not that uncommon, so be prepared to take action. Initially, it is necessary to establish the reason for the refusal. Such a decision may not always be motivated. OLRR staff must notify you of the reason for the refusal. If these reasons are not justified, then you will have to sue for unlawful actions of LRO employees.
Features of drawing up an application
Everyone has probably noticed that the statement has a certain structure. The upper right part indicates which department the request is being sent to. It is also necessary to indicate the last name, first name and patronymic of the head of this department. An obligatory point is an indication of the applicant himself.
The main part of the application indicates what type of weapon the permit will be issued for. A distinctive feature of the application for pneumatics is that in the text of the main part you should indicate what type of weapon (hunting or sporting) you are planning to buy.
The permit implies the acquisition of the weapon element itself, as well as the cartridges suitable for it. Do not confuse a purchase permit with a weapons license, which requires several more steps to obtain.
BY THE WAY
Let us note that each “goose” article ends with the following words: “a person who voluntarily surrendered the items specified in this article is exempt from criminal liability under this article.” However, the explanatory note notes that if the operatives have already come to you, then there can be no talk of any voluntary extradition. In general, if you find something suspiciously similar to a weapon at home, sit down at the table and write a statement to the police in free form: “I so and so found something similar to a weapon, I am voluntarily handing it over to the police, time and date.” With this application, go to the nearest branch. After the examination, you can even receive a reward: 4 thousand rubles for rifled weapons, 2 thousand rubles for hunting weapons, up to 3,000 thousand rubles for explosives, and 20 rubles for each cartridge.
Permit to store weapons
After purchasing, you must obtain a permit for air guns as soon as possible. It is important to understand that the opportunity to purchase is just a temporary solution. It is necessary to formalize the right to keep or carry weapons.
First, arrange a storage location. In the case of pneumatics, the law does not specify the requirement to install a safe, but this should come from the owner himself, because the safety of family members comes first.
You have 14 days to register your purchase. You must pay the state fee and appear at the LRO. Registration of a weapon implies the further issuance of a license. But before the last document is handed over, you may be visited by a local police officer who will inspect the place and conditions of storage of the weapon, and then draw up a report on the basis of which a storage permit will be issued.
We remind you once again that, according to the Law “On Weapons”, some measures taken by OLRR employees are not prescribed for the registration of pneumatic weapons. But it is easier to satisfy all the demands of law enforcement agencies than to prove your case on each point separately. As a result, it turns out that the procedure for obtaining a license for a pneumatic gun is exactly the same as for a military weapon.
How to properly store air guns legally
Storage of pneumatic equipment must be carried out taking into account special conditions. You should not ignore the traumatic danger of this type of equipment and treat its storage less responsibly than the same process for military weapons.
A gun cabinet for storing pneumatics must be in a hard-to-reach place and close well. There should be no gaps in the door when closing. The material of manufacture and ergonomics must ensure absolute tightness. The space inside the safe has clearly defined dimensions, which are designed to store not only pneumatic equipment, but also projectiles for it.
The unlocking design of the lock must have a durable system that cannot be hacked or accidentally opened. At the legislative level, there is no special provision on how to store pneumatic weapons, but owners of this equipment are warned about safety measures so that they comply with the relevant measures as much as possible. Air guns must be stored in a place that is inaccessible to small children. CO2 gas canisters are placed in a separate compartment, otherwise there is a high risk of spontaneous detonation.
Taking into account statistics, every year in the Russian Federation approximately three dozen people are victims of shots using pneumatic equipment. Moreover, the number of registered cases of the use of this type of weapon in excess of self-defense exceeds 3 thousand. A legislative document that regulates the circulation of weapons and toughens penalties is periodically submitted for consideration to the State Duma. It is likely that very soon Federal Law No. 150 will be amended again.
