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?
Is it possible to transfer a hunting rifle?
Citizens who have the right to store and carry weapons are required to follow the established rules for safe handling of them. In case of violation of established requirements, citizens may be brought to administrative or criminal liability. Broadcast
firearms to another person is strictly prohibited.
Interesting materials:
When was the last indexation of pensions? When will the January 2022 pension be given? When will the pension for January 2022 be given in Ukraine? When and by how much will pensions for pensioners be increased? When and by how much will the pension increase? When and how much will the social pension be increased? When and how much will the pension be added? When and how much will the pension for non-working pensioners be increased? When are pensions indexed? When was the retirement age changed?
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.
Shooting in public places results in fines, confiscation of weapons, and arrest.
The State Duma today adopted in the first reading a bill that repeatedly tightens the penalties for firing a weapon in undesignated areas. The reason was a resonant incident last year, known as the “wedding on Tverskaya,” when guests joyfully fired traumatic guns into the air. With details - Vesti FM radio correspondent Sergei Tkachuk.
Today, if a person opens fire on a city street with a pneumatic, traumatic or gas weapon, he will get off with a fine of two thousand rubles. Deputies decided that such low responsibility provokes the commission of offenses. In this regard, it is proposed to increase fines to 50 thousand rubles with confiscation of weapons, deprivation of the right to purchase, store and carry them for a period of 3 to 5 years, as well as administrative arrest for a period of up to 15 days. At the same time, shooting in which a group of people or drunken citizens participated will be punishable by a fine of 150 thousand rubles with confiscation for a period of 5 to 7 years. The need to toughen punishment for such offenses was justified by the author of the initiative, Deputy Speaker of the State Duma Sergei Zheleznyak :
Administrative measures for firing weapons in populated areas have been strengthened
Federal Law of July 2, 2013 No. 177-FZ “On Amendments to Articles 3.5 and 20.13 of the Russian Code of Administrative Offenses and Article 1 of the Federal Law “On Amendments to the Russian Federation Code of Administrative Offenses”, which comes into force on July 30, 2013, are strengthened measures of responsibility for firing weapons in populated areas or in other places not designated for this purpose.
According to the new version of Article 20.13 of the said Code, firing a weapon in designated places in violation of the established rules shall entail the imposition of an administrative fine in the amount of three thousand to five thousand rubles with or without confiscation of the weapon and its ammunition.
Part two of the article provides for the imposition of an administrative fine in the amount of forty thousand to fifty thousand rubles with confiscation of weapons and ammunition for it, or deprivation of the right to purchase and store or store and carry weapons for a period of one and a half to three years with confiscation of weapons and ammunition for it. firing weapons in populated areas or in other places not designated for this purpose.
The action provided for in part two of this article, committed by a group of persons or by a person in a state of alcoholic intoxication, entails, under part three of this article, the imposition of an administrative fine in the amount of fifty thousand to one hundred thousand rubles with confiscation of weapons and ammunition or deprivation of the right to purchase and storage or storage and carrying of weapons for a period of three years with confiscation of weapons and ammunition.
Corresponding changes are being made to Article 3.5 of the Code, which establishes the maximum amount of administrative fines for certain types of offenses.
The version of Article 20.13 of the Code, in force until July 30, 2013, provides for administrative liability for firing weapons in populated areas and in other places not designated for this, as well as in designated places in violation of established rules in the form of an administrative fine in the amount of two to five thousand rubles with confiscation of weapons and ammunition for it or deprivation of the above rights for a period of one to three years with confiscation of weapons and ammunition for it. At the same time, the Law does not allocate liability for shooting actions committed by a group of people or a person under the influence of alcohol.
Federal Law No. 150-FZ “On Weapons” dated December 13, 1996 establishes that weapons are devices and objects that are structurally designed to hit a living or other target, as well as to send signals.
The law distinguishes firearms, projectile weapons, pneumatic weapons, gas weapons and signal weapons.
Shooting involves the possibility of hitting a target at a distance, which, if the established rules are violated, creates a danger to others.
In addition, the shooting violates public order and the peace of citizens.
Therefore, administrative liability is entailed by shooting from any of these types of weapons, committed in violation of established rules, either in populated areas or in other places not designated for this purpose.
It is not an offense to shoot in self-defense or to use or use a weapon in accordance with the law by authorized law enforcement officials.
In the case of the use of weapons with criminal intentions or when harmful consequences occur as a result of shooting, the acts are qualified under the relevant articles of the Criminal Code of the Russian Federation.
Citizens of the Russian Federation who legally own weapons are required to strictly comply with the rules for storing, carrying and using them.
In connection with these changes in administrative legislation, it should be recalled that the illegal acquisition, transfer, sale, storage, transportation or carrying of firearms, their main parts, ammunition (with the exception of civilian smooth-bore long-barreled weapons, their main parts and cartridges for them, firearms) limited destruction, its main parts and cartridges for it), explosives and explosive devices entail criminal liability under Article 222 of the Criminal Code of the Russian Federation.
Criminal liability under this article also entails the illegal sale of civilian smooth-bore long-barreled weapons, firearms of limited destruction, gas weapons, edged weapons, including throwing weapons.
According to the note to this article, those who voluntarily surrender their weapons are exempt from criminal liability under this article.
Illegal acquisition, sale, transfer, storage, transportation or carrying of civilian smooth-bore firearms and limited-kill firearms entail administrative liability under Part 6 of Article 20.8 of the Code of Administrative Offenses of the Russian Federation.
In furtherance of the provisions of federal legislation, public authorities of the Orenburg region are taking measures to encourage the voluntary surrender of weapons.
Regulations on encouraging citizens and members of public groups for active participation in events that contribute to ensuring law and order in the Orenburg region, approved by Decree of the Government of the Orenburg Region dated 11.10.2012 No. 899-p (as amended by Decree of the Government of the Orenburg Region dated 04.03.2013 No. 152-p ) provides for the payment of funds to persons who voluntarily surrendered illegally stored weapons, ammunition, explosives and explosive devices.
The amount of the reward depends on the type of weapon surrendered and its serviceability.
For example, handing over a smooth-bore weapon in good condition is encouraged by paying 6896 rubles per unit, a sawed-off shotgun - 5172 rubles per unit, a gas self-defense weapon in good condition - 2299 rubles per 1 unit, a gas self-defense weapon in a faulty condition - 1149 rubles per 1 unit .
The regulation contains a wide list of other types of weapons, ammunition, explosives and explosive devices, the voluntary surrender of which is encouraged by the payment of funds from the regional budget.
The indicated resolutions of the Government of the Orenburg Region were published in the newspaper “Orenburg” No. 169 dated 10/18/2012 and No. 39 dated 03/14/2013.
Senior Assistant Regional Prosecutor
on legal support
17.07.2013
Shot from a traumatic pistol
I would like to hear your opinion.
As a result of a domestic quarrel, a traumatic pistol was used and three shots were fired. The person who was shot does not call an ambulance or the police, but goes to the hospital himself. The local police department receives a telephone message from hospitals (as it turned out, he went to two hospitals) about non-penetrating gunshot wounds to the abdomen, finger and thigh, the next day he writes a statement to the police.
The shooter is called to the police, he comes himself, where he is detained for three hours. The applicant indicates that while he was sleeping on the sofa in the office, three shots were fired from a traumatic pistol out of jealousy. There are two witnesses who slept in the same room, who claim that they woke up from the sounds of gunshots; they did not see the beginning of the fight, but they saw the accused with a pistol in his hand.
The accused claims that he entered the office, the complainant approached him and demanded money at gunpoint, a scuffle ensued, which resulted in three spontaneous shots, and then the gun was returned to the complainant.
Neither the applicant nor the suspect officially has a weapons license, or weapons.
The gun was not recovered from either party.
The investigative team did not go to the scene of the incident, perhaps there is an inspection in the case, but in reality only the Criminal Investigation Department went to the scene of the incident.
The applicant behaved inappropriately; instead of calling the police and an ambulance, he hid the incident and went to the hospital himself.
Pressure was put on witnesses from the side of the inquiry in order to “stretch” the facts, that is, many answers were modified (for example, instead of “I woke up from shots and saw the accused with a pistol,” it is written “I woke up from shots and saw the accused shoot at the applicant "), one of the witnesses is ready to indicate this, the second left Moscow and at the moment his location is unknown.
The applicant, twice given a conditional conviction under Article 158 of the Criminal Code of the Russian Federation, had a relapse (the second suspended conviction was given while the first one was outstanding), at the moment all convictions have been expunged in full, he does not work, does not study, and periodically uses soft drugs.
The accused has never been brought to administrative or criminal liability, has an incomplete higher education, and is engaged in social activities.
Based on the results of the inspection, a criminal case was initiated under Art. 119 of the Criminal Code of the Russian Federation in relation to a person.
Then the suspect writes a series of complaints. As a result, the ILS of the Central Internal Affairs Directorate recognizes the illegality of the detention of the suspect on the day the material was filed.
In January, the suspect is prescribed ASPE, which he safely ignores, because he is a resident of Moscow, and the ASPE investigation was entrusted to a hospital in the Moscow Region, i.e. in this case, a hospital of another Subject of the Federation (Article 65 of the Constitution). Then the suspect received a couple of calls from the inquiry, they threatened to arrest him, change the preventive measure from an obligation to appear to a subscription, or even arrest. Then a month later the interrogator changed. The new investigator reported that there were already 8 unfulfilled summonses in the case and several reports from the previous investigator that the suspect did not appear when called and was evading investigative actions. The new investigator also threatens with subscription and arrest. The suspect responds with a memorized phrase, asking to send a written summons, saying that it is unknown who is calling, maybe some kind of joker has started. The investigator promises to send a summons, but does not send anything (the suspect, as a matter of principle, does not appear on telephone calls, asking for a written summons, but he never saw a single summons). As a result, the status of the case is now completely unclear, because For several months now, no one has called the suspect, sent him a summons, or put him on the wanted list. There are no grounds for completely dismissing the case, because no investigative actions, other than those that took place on the day the material was filed, were carried out. And given that he is clean on the wanted list, it is not possible to assume that the investigation suspended the case due to the search.
The situation is somehow unhealthy, the deadline for the inquiry is not flexible, and there is nothing to extend it... The deadline is already 8 months, the 9th has begun... Everything is somehow strange...
Can anyone guess what is going on with this material and give any advice from personal experience?
