On the Internet you can come across a fairly large number of articles that say that the use of an air pistol (or rifle) within the city is prohibited by law. However, what should a person do who has acquired such a weapon for self-defense and stumbles upon several robbers with a knife in a dark alley - is it really possible that in such situations the law is on the side of the offenders? Or are there still several important points in the “Gun Law” that most people forget about?
For what purposes is it permissible to use pneumatic weapons?
First, let's figure out whether your pistol fits the term “air gun.” Article Federal Law No. 150 of 1996 (better known as the “Weapons Law”) clearly states that an air weapon is a rifle or pistol that uses 4.5 mm caliber cartridges and also has a shot power of more than 3 J. However, practice shows that that most pneumatic models do not fall into this category, since the muzzle energy is 3 J. Thus, such models are not classified as weapons, but are more like a toy.
As for pneumatics, the muzzle energy of which ranges from 3 to 7.5 J, such weapons are classified as “Civilian weapons” and fall under the article of the “Weapons Law”. It is in the use of such pneumatics that the Constitution of the Russian Federation limits owners.
You can carry such weapons with virtually no restrictions (even in the subway or at a bus station, if you have the necessary documents), but their use in crowded places is permissible only in case of self-defense, for example, if you have to fight off a robber with a knife or an angry dog. In all other cases, the use of a rifle or pistol with a power exceeding 3 J is prohibited by law.
Why is the “Weapons Law” so categorical towards owners of pneumatic weapons? The whole point is that any adult citizen can purchase a pistol or rifle with a power of no more than 7.5 J, without presenting any documents (except for those confirming age). As for pneumatics, the shot energy of which is below 3 J, even a teenager can purchase it. However, even the weakest air pistol can cause irreparable damage to health if the bullet hits the temple or eye. Therefore, the state is forced to restrict pneumatic gun owners from using weapons, but not from purchasing them.
Where can you shoot air rifles?
So, if in the city you are allowed to shoot a pistol or rifle only in life-threatening situations, then what is the point of buying pneumatic guns at all? Everything is very simple - just use weapons in places specialized for this, and there will be no problems with the law:
- A forest or field located outside the city. If a pneumatic weapon was purchased for hunting purposes, then it is allowed to be used in places where game lives. However, it is important that this does not conflict with local hunting laws. In most regions of the Russian Federation, it is prohibited to use pneumatic guns to shoot predators or medium-sized fur-bearing animals. However, hunting for squirrels, crows, and pigeons is acceptable almost everywhere if we are talking about shooting outside a populated area.
- Shooting range and specially equipped shooting ranges. The most preferred places for those who purchased air guns for training or sporting purposes. You can use a pistol or an air gun in a shooting range even if such an establishment is limited from the city limits only by a low fence. All responsibility for accidents lies with the owners of shooting ranges and shooting ranges, so the demand comes from them. However, it is worth understanding that visiting such establishments is far from free.
- Airsoft and hardball courts. Recently, military tactical games using air guns have become increasingly popular. In the first type of competition, the use of pneumatics is allowed, the shot power of which is no more than 3 J. In the second case, the use of weapons up to 5 J is allowed. Only in these places is it allowed to use an air pistol or rifle to shoot at people. Of course, visiting such places is not free and requires certain documents.
This is the main list of places where you can shoot with pneumatics without fear of criminal or administrative liability. As for public places, transport and places where large numbers of people gather, the use of even a pistol with a power below 3 J can lead to serious punishment.
Where is air gun shooting allowed?
According to the law, shooting from air guns is allowed in two places:
- While hunting in compliance with all the rules required for this activity: on the territory of a hunting estate, during the season, with a hunting permit with the specified limit for shooting animals, and a voucher to visit the grounds.
- At shooting ranges, shooting ranges and equipped target ranges for sporting purposes. The shooting site must be equipped in accordance with safety regulations and belong to an organization with a state license.
Shooting within the city limits, as well as on the territory of any other populated areas, is prohibited. The ban also includes recreation areas, holiday villages and places equipped for recreation and pastime of the population - parks, recreation areas, organized and registered picnic areas. Shots can only be fired at a distance of 200 meters from residential buildings outside the city limits and no closer than 50 meters from the road.
With pneumatic guns, which do not require a license, you can only hunt chipmunk, squirrel, crow, hazel grouse and dove. Attempts to shoot larger prey will be recognized as poaching and punished according to the law. Even being in the forest with a gun is equivalent to poaching. You can justify it if the weapon has weak muzzle energy, the weapon was carried in a case, and its cartridges were stored separately. But this rarely works.
In all other cases, when heading into the forest with a pneumatic weapon, you need to have with you:
- identification;
- hunter's ticket;
- rifle permit;
- voucher or hunting license.
Visiting fishing areas is allowed only during the season.
What is the legal liability for violations?
Now let's talk about what threatens a person who decides to break the rules on the use of pneumatic weapons in the city. The “Weapons Law” provides for several penalties in this regard, and the degree of punishment depends on the severity of the offense. Here are some examples:
- For carrying a pneumatic weapon openly (in your hands, in full view of everyone), a fine of 3,000 to 5,000 rubles is provided, as well as the confiscation of a pistol or rifle. So, before you go for a walk around the city with a pneumatic gun, it is strongly recommended that you get a holster or a special case, and also do not pull out your weapon unless absolutely necessary. Any actions with a pistol can be considered as posing a threat to the lives of others, even if it seems to the owner of the pneumatic that there is no such threat.
- For shooting from an air gun within the city, punishment is provided in the form of a fine of 40 to 50 thousand rubles, as well as confiscation of the weapon, or a ban on its use and carrying for 3 years. If the offender chooses the second option, after which he is caught again breaking the law, then he will no longer be able to get away with a fine. Most likely, the court will decide on correctional labor for 2-3 months or isolation in a pre-trial detention cell for several weeks.
- For firing a pneumatic weapon during rallies and various social events, the most severe punishment is faced - arrest for up to 7 years according to Article 213 of the Criminal Code. In addition, do not forget that if people were injured when using pneumatic guns, this can also increase the prison term. In rare cases, the court decides on 2 years of correctional labor or a fine in the region of 100,000 rubles (if no one was hurt and the rally was not disrupted).
Thus, using an air pistol in a public place, you can, as they say, “make a big splash.” However, this does not mean that a man with a gun is obliged to watch a bandit kill a girl or a dog kill a child.
There are a number of both aggravating and mitigating circumstances that can guarantee a complete acquittal for the person who shot in the city. That is why it is so important to know the laws and be able to calculate all possible scenarios in a stressful situation.
Punishment for shooting with pneumatic guns in the city
Now let's take a closer look at the liability facing a person who used an air pistol within the city, depending on the circumstances and location. As in the previous case, here are some specific examples:
- In case of accidental use of a weapon (for example, if the pistol fired when dropped), its owner faces a fine of 10 to 15 thousand rubles. In 99% of cases, the court will confiscate the weapon, and may also issue a ban on the further acquisition and carrying of pneumatic weapons with a power exceeding 3 J.
- For shooting from an air rifle or pistol with a power exceeding 7.5 J, criminal liability is provided in the form of imprisonment for up to 2 years or a fine of 100 to 300 thousand rubles. In this case, it is worth taking into account the intent of the shooter (if he was defending himself or loved ones from an attack, then the punishment may be mitigated).
- For killing or injuring a person using magnum and supermagnum class pneumatics (above 7.5 J), an article on intentional harm to health is assigned. And this is not surprising, because such pneumatics must be carried in a discharged state and cannot be used in the city.
And these are just the main points that are worth paying attention to. To summarize, I would like to say that if you are the owner of a pneumatic weapon whose power exceeds 7.5 J, then using such weapons in the city is strictly prohibited. Pistols and rifles with a power from 3 J to 7.5 J are allowed to be used in the city only if one of the people is in serious danger (and even then it is worth preparing for lengthy legal proceedings). But shooting from pneumatics up to 3 J is not prohibited by law, unless, of course, it threatens the health of other citizens and does not disturb anyone’s peace.
Increasing the power of pneumatics: what are the legal consequences?
Some people are designed in such a way that no matter how perfect the thing they purchased is, they definitely need to refine it or improve something, since it seems to them that the technical characteristics laid down by the manufacturer are not enough. Often such attempts to improve the original design actually produce positive results. But when it comes to modernizing weapons, the question immediately arises: how legal is it? In this article we will consider the issue of increasing the power of pneumatic weapons and the legal consequences of such manipulations.
Russian legislation divides pneumatics into several types: with muzzle energy up to 3 J, with muzzle energy from 3 J to 7.5 J and a caliber of no more than 4.5 mm, with muzzle energy from 7.5 J to 25 J. Attention! 25 J is the maximum muzzle energy allowed for air guns in civilian use. This classification will help us in our research. We will not specifically address aspects related to carrying or using pneumatics, but will focus specifically on the legal consequences of increasing power.
photo from the site aceros-de-hispania-com
Let's start with the positive, namely: if the pneumatic weapon has not been converted into a firearm, then for any modification of the pneumatic you will definitely not face criminal liability under Articles 222 and 223 of the Criminal Code of the Russian Federation, since their norms apply only to firearms to which pneumatic not applicable.
Responsibility for “strengthening” pneumatic weapons is possible solely on the basis of Article 20.10 of the Code of Administrative Offenses of the Russian Federation “Illegal manufacture, sale or transfer of pneumatic weapons.” The sanction for individuals involves: “... the imposition of an administrative fine on citizens in the amount of one thousand to five thousand rubles with or without confiscation of pneumatic weapons...” In order for the punishment to be applied, your “pneumatic gun” must be subjected to an appropriate examination .
Let us immediately make a reservation that the likelihood of such a development of events is small; in practice, only a few such cases are known. As a rule, the mandatory certificate, as well as the corresponding markings on the product, eliminate most questions when communicating with law enforcement officers. But if the circumstances are such that your pneumatics were seized for examination, then if an upgrade is discovered that goes beyond the permissible values, and this is a muzzle energy of 7.5 J and a caliber of 4.5 mm, it will be impossible to avoid punishment, and this, Let us remind you that there is a significant fine and possible confiscation.
Here it must be added that, according to the norms of Russian legislation, pneumatics with a muzzle energy of up to 3 J are not considered a weapon, but are a product structurally similar to a weapon. Consequently , when modernizing such pneumatics, the liability provided for in Article 20.10 of the Code of Administrative Offenses of the Russian Federation does not arise, but again only on the condition that it does not go beyond the permissible 7.5 J of muzzle energy.
To summarize all of the above, then, according to the norms of Russian legislation, responsibility for increasing the power of pneumatics comes exclusively if, as a result of the changes made, the muzzle energy has become more than 7.5 J with a caliber of up to 4.5 mm, and the modernization of pneumatics that initially had muzzle energy parameters from 7.5 J to 25 J is completely prohibited. Each owner decides whether to upgrade or not, but if the decision is made in favor of increasing power, you should always remember the possible consequences and not go beyond the limits permitted by law, and also remember that the more powerful the weapon in your hands, the higher the responsibility .
