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Circumstances precluding the possibility of obtaining a license It's no secret that in order to obtain a license to purchase weapons, citizens must provide documents confirming the absence of reasons preventing them from legally acquiring these weapons. However, there are situations when the legal impossibility of having a weapon at one's disposal occurs after the acquisition. In this case, the storage permit, issued in due time on legal grounds, in the new circumstances will be canceled by a court decision. Accordingly, the reasons may be as follows:
- if the owner of the weapon (or the holder of the license to acquire it) twice within one year commits administrative offense encroaching on public order and peace of citizens.
Cancellation of a weapon permit: for what and how can a license be revoked in Russia?
After the death of a citizen, ammunition is confiscated by the LRO body and stored there until it enters into the inheritance of the successors to whom this weapon will pass. The term of such storage is no more than one year (Article 27 150-FZ).
The weapon will be issued to the testator and issued to him in the presence of the relevant documents - a certificate of the right to inheritance and a license to purchase. After that, the heir will be able to both take ownership and sell the "weapons inheritance" or re-gift.
Info
Liquidation of a legal entity A weapon cannot always be registered to an individual, since the law does not prohibit registering barrels to an organization. If the company is liquidated, the weapons at its disposal are also transferred to the LRO for storage under the same conditions as when they are withdrawn or transferred for storage by citizens.
Cancellation of a gun license
The Federal Law "On Weapons" and the corresponding Russian regulatory legal acts, may be temporarily withdrawn by representatives of the RF Department of Internal Affairs. Department of Internal Affairs, which issued legal entity document, has the right to withdraw it if for violation of the relevant articles of the Code of Administrative Offenses on the owner judicial order an administrative penalty was imposed.
The period of deprivation of permission is the term of punishment established by the court. Important: in relation to permits for hunting rifles, deprivation can be carried out in accordance with the provisions of the Federal Law of July 24, 2009 N 209-FZ (regarding hunting and the protection of hunting resources).
The process of revoking a license Cancellation of a weapon permit (on the grounds, in particular, from paragraph 2) is preceded by a written notification sent by the authority that issued it to the owner.
Feedback
By “systematic” is meant repeated within a year (presumably an administrative, not a calendar year) corresponding violation or non-performance. A preliminary written warning about the cancellation of a license or permit is issued only for the administrative offenses listed above and is in these cases a necessary condition for issuing a conclusion on cancellation. “Circumstances that have arisen that exclude the possibility of obtaining a license” mean such conditions that did not yet exist at the time the citizen received a license or permit and were established later. They can be: the presence of physical contraindications, the entry into force of a court sentence against him, and a number of others.
On deprivation of permission to store weapons and their seizure
Russia. The law provides for the following cases of deprivation of the holder of an official license:
- When the owner (individual) confirms the voluntary refusal of the document;
- When a legal entity completes the liquidation process;
- Death of the owner of the weapon for which the permit is issued;
- After the official judgment, according to which a citizen is deprived of a special right to own a license;
- When canceling a document;
- In the event of such circumstances (provided by the Federal Law "On Weapons") that make it impossible to obtain a document.
Explanation to paragraph 2: an individual (as well as a legal entity) may be subject to license cancellation in case of systematic (at least twice during the year) violation or insufficient fulfillment of the requirements of the Code of Administrative Offenses.
Federal Law "On Weapons" dated 12/13/1996 n 150-FZ Article 26 (as amended on 03/07/2018)
Attention
Voluntary relinquishment of a license It is rather difficult to imagine such a situation, given the time and financial costs required by the procedure for acquiring a firearm. And, nevertheless, sometimes citizens have to resort to this article of the law (Art.
26, item 1). This is usually associated with a permit to store weapons. Owners voluntarily cancel the document in the following circumstances:
- if the weapon is irretrievably damaged or outdated, and its operation in the future is not possible;
- personal desire of the owner to hand over the weapon, for example, as unnecessary;
- when alienating weapons;
- in other situations of an individual nature.
If the weapon is damaged or the owner wants to write off, for example, an old gun that has served its age, it is necessary to write a corresponding application in the licensing and permit department.
How to revoke a gun license
The law provides for two types of administrative offenses that may lead to the revocation of a license or permit - this is a violation or non-compliance with the requirements of the Federal Law "On Weapons", as well as other regulations governing the circulation of weapons. In this case, an administrative offense should be recognized as a violation, expressed in direct disobedience to the subjects, the rights established by legislative norms, and in failure to comply with instructions.
In case of violation of the law, in contrast to its non-fulfillment, the subject of law performs certain actions that differ in form and content from the established rules. In case of non-compliance with the legislation, the subject of the right does not perform any actions, although, according to the meaning of the law, he was obliged to perform them.
Federal Law of December 28, 2010 N 398-FZ) (see the text in the previous edition) A license to purchase weapons and a permit to store or store and carry weapons are canceled by the authorities that issued this license and (or) permit, in the event of: 1) voluntary renunciation of the said license and (or) permission, or termination (absence) of the right of the legal entity specified in paragraphs 2-7 of Article 10 of this Federal Law to acquire (storage, use) weapons, or liquidate the legal entity, or death of the owner of the weapon ; (as amended by the Federal Law of March 7, 2018 N 39-FZ) (see.
Bodies authorized to revoke a license to carry weapons
Three months before the expiration of this period, permit holders must submit to the internal affairs body at the place of registration of weapons applications and documents necessary to extend their validity. Extension of the period of validity of permits is carried out in the manner established for their issuance. After an appropriate check of the conditions of storage of weapons at the place of residence of citizens, its technical inspection and control shooting firearms With rifled barrel, the owners are issued new permits. When issuing them, previously received ones with an expired validity period are subject to surrender to the internal affairs body.
The aforementioned licenses and permits are also reissued when the information specified in them changes, as well as in cases of replacement of worn out or lost licenses and permits, based on the statements of the owners and supporting documents.
There was a license, and not In the previous issues of our newspaper, we told you about some legal aspects related to obtaining a license for the purchase of hunting firearms (No. 5, p. 2) and permission for its subsequent storage and carrying (No. 6, p. 2). These materials, of course, could not contain all the nuances and situations that a citizen may encounter when exercising his right to own hunting weapons.
Moreover, each owner of a weapon, depending on the hunting experience and addictions to a particular type of hunting, as well as everyday collisions, has its own pressing issues and even problems related to weapons, the correct resolution of which often requires certain knowledge in the field law governing the circulation of weapons in the country.
Watch the video below, in which the LRO inspector will tell you why the license for weapons is being revoked. For what administrative offenses do they deprive a license for a weapon? Administrative violations that can lead to the revocation of a license include the following articles:
- 20.8 (arms circulation rules);
- 20.9 (fixing night vision and silent shooting means on weapons);
- 20.10 (creation and circulation of "pneumatics");
- November 20 (terms of timely registration, registration);
- 20.12 (standards for the transportation of weapons);
- 20.13 (shooting rules, shooting outside designated areas);
- 20.14 (rules for the certification of firearms with ammunition).
License, if a citizen has violated the rules for the circulation of weapons, provided for in Art.
gsnake 16-02-2011 13:23
this has been talked about many times. what exactly is the law?
Why are they being deprived and how? will the letter arrive? will they call in LRO?
a license for both HS and gas?
1) for two "drunken appearances"
2) for two administrative fees, with regards to weapons?
3) for everything, even for traffic rules?
louie 16-02-2011 17:05
I will subscribe. I'm going to get a license, in 2010 according to traffic rules there was 1 warning and 2 fines. Will it affect getting a license?
Dr3-11 16-02-2011 22:53
A citizen who has committed two offenses under 19 (against the order of management) and 20 (against society) chapters of the Code of Administrative Offenses within one year, as well as for violations of the circulation of narcotic and potent substances, is denied a license - this is from the ZoO, also from the ZoO: license cancellation for systematic (more than 2 times a year) violation of the rules for the storage / use of weapons.
As for those who already own licenses, I remember that they take away 19 and 20 for the same two offenses, but I don’t remember where I remember from, I could be wrong. And Wool ZoO further laziness
For traffic rules absolutely nothing will happen.
Dago 17-02-2011 06:56
For annulment by rifled, one of the above offenses is sufficient.
holliwell 17-02-2011 09:51
Dago explain why they should take rifled for one admin panel?
gsnake 17-02-2011 10:07
and what kind of face is taken away? on GS and gas or only one?
gsnake 17-02-2011 11:30
no is it?
Dago 17-02-2011 12:37
quote: Originally posted by holliwell:
I have one admin panel for violating the terms of re-registration. rifled has not yet been selected. 3 months to one year left.
Dago explain why they should take rifled for one admin panel?
On the basis of the Federal Law "On weapons" art. 13 part 10; Article 26, Part 1, Clause 3. It’s better not to show up until the administration fee is paid off.
Dago 17-02-2011 12:38
I looked at ZoO ... in my opinion only for articles of the Code of Administrative Offenses 20.8 - 20.14
no is it?
No, everything is written in posts N2-3.
gsnake 17-02-2011 13:29
Is it precisely taken away or a new one may not be given (not extended)?
wspace 17-02-2011 13:43
Take away. Must take away. Therefore, if there are admins, but the weapons were not taken away, sit quietly until the
holliwell 17-02-2011 16:16
Dago thanks for the clarification.
I recently submitted documents for a license to purchase a rifled instead of a license that has expired. may be ready at the end of February. but as I understand it, upon arrival for licenses, a surprise may await me - the license for rifled is cancelled.
Do they send requests to IC when obtaining licenses?
What is the license cancellation procedure? I appear at the place of registration once every 90 days. there is a safe there, but I keep the weapons at the place of temporary residence in a safe.
Dago 17-02-2011 17:14
quote: Do they send requests to IC when obtaining licenses?
Usually yes, you just have to hope they overlooked it, because should have been canceled immediately after the entry into force of the decision on an administrative offense.
holliwell 17-02-2011 17:31
clear. Well, let's wait for the development of the situation.
gsnake 17-02-2011 17:56
But how does information about administrative offices get into the LRO if the license has already been obtained?
Dago 17-02-2011 18:15
quote: Originally posted by gsnake:
But how does information about administrative offices get into the LRO if the license has already been obtained?
Usually through a computer. For example, GIAC, RIC. But they may not be aware (which is not surprising, and "not" only separately) do not know the law.
FORESTER 27-02-2011 08:14
Can they refuse???
Where can I read about this in the law? I did not find it!
Alexander_SAS 27-02-2011 09:40
quote: I was interested in "they" they said that we can not give out if there is a violation of traffic rules !!!
and they are so imaginative
as much as a song
for example, one of them, foaming at the mouth, argued to me that they give 10 days to register a gun and that the deadline has already passed, and that the special connection is some kind of garbage and it won’t be hammered that all 10 days this is a special connection, about the special connection, I didn’t convince him, but about 10 days, very quickly convinced
so don't believe what they say!
as for the traffic rules, the violation itself, in general, they won’t deprive you, but if you don’t pay the fine, they can already deprive you here!
FORESTER 27-02-2011 11:05
quote: as for the traffic rules, the violation itself, in general, they won’t deprive you, but if you don’t pay the fine, they can already deprive you
I have a first discovery!
Dago 27-02-2011 11:28
quote: Originally posted by FORESTER:
And here are the documents for the rifled "primarily" in the work, I was interested in "them" they said that we might not issue it if there was a violation of traffic rules !!!
I was shocked! I just have one for Last year a fine for hitting a lawn, damn it, already 500 rubles were written out, I paid through the cashier!
Can they refuse???
Where can I read about this in the law? I did not find it!
Article 13 of the Federal Law.
FORESTER 27-02-2011 12:35
quote: Article 13 of the Federal Law.
Google gives something wrong, all the time about citizenship or about | Federal Law "On Licensing certain types activity" | Article 13. Suspension of a license and cancellation of a license ...
Dimas007 01-03-2011 14:32
Sorry if it's off topic. Please tell me dear participants. For example, the excess of S.O. and they give it conditionally. Can I sell (transfer, donate) my weapon to a friend, so that when the criminal record expires, I can again register the weapon for myself?
Dago 01-03-2011 14:47
Of course. The main thing is that a friend would have licenses for the appropriate weapons, in the right quantity, were.
Dimas007 02-03-2011 12:06
quote: Originally posted by Dago:
Of course. The main thing is that a friend would have licenses for the appropriate weapons, in the right quantity, were.Look at the next branch (ZOO), there are topics.
Thank you, I understand)
ViTT 02-03-2011 22:18
Right now I'm corresponding with a friend from Saratov, they came today and took the gun, appealed with two administrative ones on traffic rules.
KII 04-03-2011 10:20
Find a good lawyer. It is desirable, which specifically wins the case in your court (such is life). IMHO you can fight back.
ViTT 04-03-2011 10:34
quote: Originally posted by KII:
Find a good lawyer. It is desirable, which specifically wins the case in your court (such is life). IMHO you can fight back.
Based? That the admin panels are purely traffic rules? Now is there a thread written in the law on this issue?
holliwell 16-03-2011 23:00
Hello. I already wrote about the fact that a year has not yet expired from the moment of an administrative offense (I did not re-register the smooth one on time.) It expires in April 2011. in February, he applied to the LRRR with a statement that they would issue a license to purchase another unit of weapons with a rifled barrel. Today, a refusal came by mail. acc. with article 13 of the FAZ on weapons.
Question: Should photographs and a receipt for payment of state duty be returned?
Hello Roman.
They can cancel a weapon permit for repeated violations, including hunting rules during the year.
If the protocol was drawn up in March 2016 and you were held liable according to it, you did not challenge the decision, then you may have your permission to store and carry weapons canceled after being brought to administrative responsibility again.
Did you get punished under the first protocol?
Federal Law No. 150-FZ of December 13, 1996
(as amended on 07/06/2016)
"About weapons"
Article 26
A license to acquire weapons and a permit to store or store and carry weapons are canceled by the authorities that issued these licenses and (or) permits in the event of:
1) voluntary refusal of the specified license and (or) permission, or liquidation of a legal entity, or death of the owner of the weapon;
2) issuance of a court decision on the deprivation of a citizen of the relevant special right, on the annulment of a license and (or) permit;
ConsultantPlus: note.
On the recognition of paragraph 3 of part one of Article 26 as inconsistent with the Constitution of the Russian Federation in the sense given by law enforcement practice, see Resolution of the Constitutional Court of the Russian Federation of April 16, 2015 N 8-P.
3) the occurrence of circumstances provided for by this Federal Law, excluding the possibility of obtaining a license and (or) permission; 4) cancellation hunting license in accordance with the law Russian Federation in the field of hunting and conservation of hunting resources (in relation to hunting weapons).
In cases where a citizen violates the rules established by this Federal Law and the relevant regulatory legal acts of the Russian Federation for storing, carrying, destroying, manufacturing, selling, transferring, transporting, transporting or using weapons and cartridges for it, as well as sending weapons by a citizen, a license issued to him to acquire weapons and (or) permission to store or store and carry weapons are temporarily withdrawn by the federal executive body authorized in the field of arms circulation, or by its territorial body until a final decision is made in the manner established by the legislation of the Russian Federation, or by internal affairs bodies with subsequent transfer to territorial body of the federal executive body authorized in the field of arms trafficking.Article 13. The right to purchase weapons by citizens of the Russian Federation
A license to purchase weapons is not issued to citizens of the Russian Federation:
5) repeatedly brought to administrative responsibility within a year for committing an administrative offense encroaching on public order and public safety, or established order management, an administrative offense related to violation of the rules of hunting, or an administrative offense in the field of trafficking in narcotic drugs, psychotropic substances, their analogues or precursors, plants containing narcotic drugs or psychotropic substances or their precursors, or their parts containing narcotic drugs or psychotropic substances or their precursors, with the exception of administrative offenses related to consumption of narcotic drugs or psychotropic substances without a doctor's prescription or new potentially dangerous psychoactive substances - until the end of the period during which the person is considered to be subjected to administrative punishment;
Sincerely! G.A. Kuraev
ROG received a question from a reader.
“Dear editor! They took away my license for a weapon and the weapon itself for two administrative protocols.
The first protocol that allegedly extended the license for weapons at the wrong time. My term ended on March 22, and I brought the documents on March 17.
The second protocol was drawn up at the end of September for careless attitude to the passport. On October 29, the inspector for licensed work took away the license and weapons. I owned a gun for about 30 years. There were no complaints. Is it legal?
Thanks in advance, Nikolay LAVRUKHIN
I remind you that legal issues associated with the circulation of weapons, incl. with the deprivation of hunters' permits and the weapons themselves, are regulated by the following legal acts.
— Federal Law of 13.12. 1996 No. 150-FZ "On weapons" (as amended on 09/15/2015);
- Code of Administrative Offenses of the Russian Federation of December 30, 2001 No. 195-FZ (as amended on July 13, 2015);
- Decree of the Government of the Russian Federation of July 21, 1998 No. 814 (as amended on May 6, 2015) (hereinafter referred to as the Rules);
- Order of the Ministry of Internal Affairs of the Russian Federation of April 12, 1999 No. 288 (as amended on December 30, 2014) (hereinafter referred to as the Instruction);
- Order of the Ministry of Internal Affairs of the Russian Federation of June 29, 2012 No. 646 (hereinafter referred to as the Regulations);
Decree of the Plenum of the Supreme Court of the Russian Federation of March 12, 2002 No. 5 “On judicial practice in cases of theft, extortion and illicit trafficking in weapons, ammunition, explosives and explosive devices” (as amended on December 3, 2013) (hereinafter referred to as the Plenum).
Earlier, ROG sufficiently informed readers about these documents, so I will briefly dwell on only some of their requirements.
On the question asked by the reader, it is necessary to remember the requirements of Art. 26 and 27 of the Federal Law "On Weapons", which lists the cases in which hunters' permits to store and carry weapons, as well as their seizure, can be canceled.
From the appeal to the "ROG" it follows that in relation to our reader, the provision of paragraph 3 of part 1 of Art. 26 of the named law.
It says here that a license to acquire weapons and a permit to store or store and carry weapons are canceled by the authorities that issued these licenses and (or) permits in the event of the occurrence of circumstances provided for by this Federal Law that exclude the possibility of obtaining a license and (or) permit.
Our reader was prosecuted for administrative offenses: "did not renew the license for weapons in time" and "carelessly treated the passport." These compounds are named in Art.: 20.11 and 19.16 of the Code of Administrative Offenses of the Russian Federation.
Such offenses entail citizens to administrative responsibility in the form of a warning or the imposition of an administrative fine.
The requirements of the legislation that fall under the definition of the occurrence of circumstances provided for by this Federal Law, excluding the possibility of obtaining a license and (or) permission, are set out in Part 20 of Art. 13 of the Federal Law "On weapons".
Paragraph 5 of the said article of the Federal Law states that a license to purchase weapons is not issued to citizens who “repeatedly committed an administrative offense during the year that encroaches on public order and public safety or the established management procedure, an administrative offense related to violation of hunting rules, or an administrative offense in the field of illicit trafficking in narcotic drugs, psychotropic substances or their analogues and consumption without a doctor's prescription of narcotic drugs or psychotropic substances, until the end of the period during which the person is considered subjected to administrative punishment.
Bringing our reader to responsibility under Art. 20.11 and 19.16 of the Code of Administrative Offenses of the Russian Federation means that its violations, respectively, infringe on "public order and public safety" and "against the order of administration."
And further. Deprivation of a citizen who has committed an administrative offense of a special right previously granted to him, including the right to hunt, as established by Art. 3.8 of the Code of Administrative Offenses of the Russian Federation, is established for gross or systematic violation of the procedure for using this right in cases provided for by the articles of the Special Part of this Code.
The deprivation of an individual of a special right previously granted to him is also established for evading the execution of another administrative penalty imposed for violating the procedure for using this right, in cases provided for by the articles of the Special Part of this Code. Deprivation of a special right is appointed by a judge. Cancellation of licenses and permits for weapons by the police is regulated by paragraphs. 147-149 of the Regulations.
Issues of seizure of weapons and ammunition from citizens are defined by Art. 27 of the Federal Law "On Weapons", section 14 of the Rules (clauses 78-83) and clauses. 143-146 of the Regulations.
The grounds for starting the procedure for canceling licenses and permits are provided for in Art. 26 of the Federal Law "On weapons".
Our readers probably also know about the decision of April 16, 2015 No. 8-p of the Constitutional Court of the Russian Federation “In the case of checking the constitutionality of clause 3 of part 1 of Art. 26 of the Federal Law "On Weapons" in connection with the complaint of a non-state educational institution additional vocational education"Educational and technical center "Kolchuga".
Paragraph 2 of this resolution required the federal legislator to clarify the list of circumstances under which a permit issued to a legal entity for the storage, use of weapons and cartridges for it can be canceled authorized body in an administrative manner.
