Rules for carrying traumatic weapons: how to get permission, what happens if you store without permission

The use of traumatic weapons often lands in the dock - even if its owner tries to act strictly within the law. Experts explain this by the peculiarities of our self-defense law and the specifics of the weapon itself. “Traumatics” is a controversial thing; both supporters of civilian weapons and opponents have complaints about it. The first complain about ineffectiveness - they say that the power of traumatic ammunition is too low to effectively stop an attack. The latter, on the contrary, consider it excessively dangerous, assuring that traumatic weapons are often used unless absolutely necessary, and the wounds inflicted by them often lead to death. “Lenta.ru” decided to find out how to protect yourself with the help of “trauma” and not go to jail.

What applies to traumatic weapons

The concept of “traumatic weapon” is not directly provided for by the Federal Law “On Weapons”, but the legislator has defined its main features:

• “drum” capacity is no more than 10 rounds;
• muzzle energy when fired does not exceed 91 J;
• intended exclusively for self-defense;
• It is permissible to use only traumatic cartridges.

Firearms of limited destruction (LDL) are used as traumatic weapons in Russia. Less commonly, smooth-bore firearms with traumatic cartridges. An example of an OOO can be considered a pistol, a barrelless device (domestic production only).

To legally use a traumatic weapon, you must obtain a license.

How to obtain permission to purchase an “injury”

A person over 21 years of age can apply for such a license. The procedure for obtaining permission to purchase and carry traumatic weapons includes several stages:

• Passing a medical commission. The examination is carried out only in state medical institutions that have the right to issue certificates of form 046-1. Passing the commission is always paid and involves a medical appointment with a therapist, psychiatrist, narcologist, ophthalmologist (visual acuity not lower than 0.5 in one eye, not lower than 0.2 in the other).
• Take a paid training course (about 5,000 - 7,000 rubles) on the use of weapons in a special certified educational institution. During the 12-15 hour courses you will listen to lectures on the rules for acquiring and subsequently using weapons. And also about liability for storing weapons without permission. The final part of the course includes practical exercises. You can find out which educational institutions have the right to teach weapons courses in the territorial department of the Russian Guard.
• Apply with an application in the established form to the branch of the Russian Guard at your place of residence, namely to the Licensing and Permitting Department (LRO). The exact address of your department can be found by following the link. In the application, in addition to your personal data, you will be asked to indicate the purpose of purchasing the weapon and the place of storage.
• The application must be accompanied by: a copy of your passport;
• 3x4 photo;
• receipt of payment of state duty (500 rubles),
• certificate of no criminal record.

Usually, within 10-14 days, the person applying for a license receives a message about the need to arrive at the appointed time at the LRO. The received license is valid for 5 years.

Scheme for obtaining a license:

Submission of documents through State Services

Everything is almost the same as “live”. Just no queues. And also the state duty will be 30% cheaper (if you pay through the Internet resource service).

In general, the algorithm is like this:

• authorization on State Services;
• drawing up an application and attaching documents in digital form;
• payment of state duty;
• receiving notification of a visit to the Rosgrvadia department;
• making this visit (meeting with the LRS inspector);
• Pending Verification;
• The final stage is obtaining a license.

Permission to carry and store

When buying a weapon, sometimes you doubt whether it is allowed for civilians. You can get reliable information on the website of the Russian National Guard (section “List of types and models of service and civilian firearms”)

After purchasing a traumatic weapon (six months are allotted for this from the date of obtaining a license), you will receive permission to store and carry weapons. When applying to the licensing and permitting service department at your place of residence, you must submit:

• a copy of the license for the purchase of weapons, where there is a store mark, as well as a receipt;
• insurance contract concluded when purchasing weapons;
• two 3x4 photographs;
• receipt of payment of the state fee for registration.

Since within two weeks it is necessary to make experimental shots from the newly acquired weapons (organized in the LRO). Spent cartridges are submitted along with the application.

Within 10 days allotted for consideration of the application, the inspector of the Russian Guard is obliged to check compliance with the conditions for storing weapons at the place specified in the application. Failure to comply with storage rules (lack of a safe, for example) will result in refusal to issue a permit.

Who was left without a license

The question of what the storage of traumatic weapons without a license can lead to does not have a clear answer. The fact is that responsibility for the lack of a permit largely depends on the actions of the citizen himself, as well as on the circumstances that led to the illegal trafficking of weapons. We will try to simulate several life situations in order to subsequently determine which article of the criminal or administrative code is applicable in each specific case.

• The first case implies that the traumatic pistol was purchased legally, and the buyer presented permission to purchase the traumatic pistol. In addition, the weapon is registered, and the citizen is its official owner. By coincidence, he did not manage to renew his license on time. This means that from the moment it ends, the possession and, especially, the use of weapons is illegal.
• Let’s imagine that a citizen with an expired license did not apply for it for fear of being punished. Gradually the period of delay will increase. Finally, it will begin to be calculated not in days or months, but in years. Judicial practice shows that the consequences will depend on the length of delay, as the judge assesses the citizen’s desire or unwillingness to return to the law.

• The owner of the weapon followed the legitimate path, he collected all the documents and received permission to purchase the weapon, but after the acquisition he did not register the barrel and was left without a license. This is a more serious violation, which indicates a deliberate disregard for the provisions of the law. You won't be able to stay in the shadows for long. Even if you are not caught red-handed by a law enforcement representative, “good-natured” neighbors or “faithful” friends can make an information call to the police.
• If you don't have permission, they won't talk to you (not literally) in any gun store. The only way to purchase weapons is the black market, which, unfortunately, is still thriving in our country. Naturally, there can be no question of any legality, and since no documents confirm the nature of the transaction, the citizen may be charged not with the purchase, but with the sale, which is already fraught with a criminal case.

If you look at the questions asked by visitors to weapons forums, and take only topics related to the illegal carrying of traumatic weapons, then at first glance it may seem that each has its own objective reason, so such situations should be simulated several times more. But in fact, we have described the main components of violations of the law, and the details and details of their manifestation are no longer so significant.

Compliance with the rules for using LLC

The following rules for storing and carrying traumatic weapons are relevant for 2022. If permission is granted, please remember that:

• Additional devices - installation of silencers and night vision devices on traumatic weapons is prohibited;
• Where not to wear. Carrying traumatic weapons in public places (restaurants, cafes, medical and educational institutions) is unacceptable. The exception to these rules applies to security guards;
• Wearing OOOP is prohibited for those who are intoxicated. In this case, the fact of using a traumatic weapon is not necessary; for the onset of liability, it is enough for a drunk person to have it with him;
• How many pieces can you have? You can use only 2 (two) units of weapons with traumatic effects;
• In what form to have it with you. Legally carrying a traumatic weapon means that its owner has the weapon on with the safety on and without chambering a cartridge. If the traumatic weapon is long-barreled, then it must be carried unsheathed, while short-barreled weapons must be carried in a holster;
• Weapons can only be used in defensive situations: in case of danger, first fire a shot in the air and only then can you use the weapon to neutralize the attacker;

• Storage. The owner of a weapon is obliged to store it in a safe specially designed for this purpose.

Simply having a safe is not enough to meet all gun storage requirements. The owner ensures that the traumatic device is not accessible to anyone living in the house. In the event of your absence at home, family members should not present “injuries” to an employee of the Russian Guard, otherwise an administrative offense will occur.

How to sell a traumatic pistol: features, rules and necessary documents

1. March 7, 2021
2. Marina Lobacheva

A traumatic pistol is a serious weapon, the storage and use of which requires special permission and optimal conditions in residential real estate. If a person decides to sell a weapon, then he must understand the rules for implementing this process.

Otherwise, the citizen will be held accountable. How to sell a traumatic pistol?

It can be sold to specialized consignment stores, which then resell the weapon to other users who have the necessary documents for these purposes.

The basic rules that the seller must follow are given in the Federal Law “On Weapons”.

In 2022, it is planned to introduce certain changes to the legislation, on the basis of which the conditions for the sale of weapons will be tightened. How to sell a traumatic weapon to another person? It is advisable to sell weapons to a consignment store and not to a private individual.

Sources

1. Choroev, Kuban Manifesto. Kyrgyzstandagi nasyya aluuchularynyn ukugun korgoo eldik kyimylynyn manifesto / Kuban Choroev. - M.: Publishing solutions, 1981. - 980 p.
2. Yankovskaya, Lyubov How to correctly draw up a sales contract / Lyubov Yankovskaya. - M.: Ripol Classic, 2013. - 951 p.
3. Methods for assessing conformity No. 2 2007 / Not available. - M.: Standards and Quality, 2007. - 290 p.
4. Alexander Vasilievich Groshev Criminal law. A common part. Workshop 2nd ed., trans. and additional Textbook for open source software; Yurayt - M., 2022. - 100 p.
5. Grupi autorid Family Law; SYNTEG - Moscow, 2012. - 783 p.

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.

Long license overdue

If the period for re-issuing a license has long expired, and the regulatory authorities have become aware of the storage of traumatic weapons, then the owner will face a more severe punishment. First of all, his actions can also be considered under Article 20.11 of the Code of Administrative Offences, only the maximum fine will be imposed. The difficulty lies in the fact that there is no clear definition between an intentional or unintentional violation of the law. Judicial practice shows that an offense with a delay of several years can be reclassified under a more severe article.

Article 20.8 of the Code of Administrative Offenses determines the punishment in case of violation of the rules for the circulation of weapons. In particular, a citizen who keeps traumatizing equipment at home can theoretically receive one of the following punishments:

• A fine ranges from 3,000 rubles to 5,000 rubles, and the weapon can be confiscated until the permits are fully restored.
• Temporary seizure of weapons and administrative arrest. Its duration is determined individually and ranges from 5 days to 15 days.
• For the official, the amount of the fine increases. The range is from 10 to 50 thousand rubles. In parallel, this will be followed by deprivation of the right to obtain a license for three years. The weapon is confiscated.

In reality, the matter will not come to an arrest, but the weapons will be taken away. They will give you the opportunity to complete all the paperwork and issue a fine. A personal conversation is not excluded, during which the violator will be proven that compliance with the law is an important component of gun ownership.

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 ).