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KHABAROVSK REGIONAL COURT
Judicial Collegium for Civil Cases of the Khabarovsk Regional Court consisting of:
presiding Khusnutdinova I.I.,
judges Pestova N.V., Razuvaeva T.A.,
under Secretary S.E.,
examined in open court on January 19, 2011 a civil case on the application of S.K. on challenging the decision of the Internal Affairs Directorate for the Khabarovsk Territory on the annulment of permits N, N, N from the Regional Department of the Interior on the cassation complaint of the representative of the Internal Affairs Directorate for the Khabarovsk Territory against the decision of the Central District Court of Khabarovsk dated October 11, 2010.
After hearing the report of Judge Razuvaeva T.A., explanations of the representative of the Internal Affairs Directorate for the Khabarovsk Territory M., S.K., his representative S.I., the Judicial Collegium
Installed:
S.K. applied to the court to declare illegal and subject to cancellation the decision of the Internal Affairs Directorate for the Khabarovsk Territory on the annulment of permits N, N, N from the Regional Department of the Interior, referring to the fact that he received letter N 36/676 of July 26, 2010 from the Internal Affairs Directorate for the Khabarovsk Territory, according to which he was notified that in connection with bringing him on February 26, 2010 to administrative responsibility for an offense under Part 2 of Art. 20.8 of the Code of Administrative Offenses of the Russian Federation, the Internal Affairs Directorate for the Khabarovsk Territory, a decision was made on July 20, 2010 to annul the permissions of the ROC N, N, N for the storage and carrying of hunting pneumatic, firearms- carbines TOZ-17, caliber 5.6 mm, N, Vepr-308, caliber 7.62 mm, N, OP SKS, caliber 7.62 mm, N. Art. 13, 26 FZ N 150-FZ "On weapons", however, there are no legal grounds established by law for making such a decision, in his opinion. This solution violates his rights as a citizen, hinders the exercise of his constitutional rights, since in fact he is deprived of the opportunity to work, since he works as a huntsman and he needs firearms to perform his official duties.
By decision of the Central District Court of Khabarovsk dated October 11, 2010, the application was satisfied.
It was decided to recognize as illegal and cancel the conclusion of July 20, 2010 on the annulment of the license (permit) of the ROHa N, N, N, issued by the Internal Affairs Directorate for the Khabarovsk Territory for a period up to April 13, 2012, August 2, 2011, April 13, 2012, respectively.
In the cassation complaint, the representative of the Internal Affairs Directorate for the Khabarovsk Territory asks the court's decision to cancel, referring to its groundlessness, points to the violation and incorrect application of substantive law by the court.
After checking the case file, having discussed the arguments of the cassation appeal, the Judicial Board finds no grounds to cancel the decision.
According to Part 1 of Art. 347 of the Code of Civil Procedure of the Russian Federation, the court of cassation checks the legality and validity of the decision of the court of first instance based on the arguments set forth in the cassation appeal or presentation.
According to Part 1 of Art. 254 of the Code of Civil Procedure of the Russian Federation, a citizen, an organization has the right to challenge in court a decision, action (inaction) of a state authority, local government, official, state or municipal employee, if they believe that their rights and freedoms have been violated.
As follows from the case file and established by the court, according to the conclusion of the Department of Internal Affairs for the Khabarovsk Territory, the permissions of the ROHa N. N, N issued by S.K. were annulled. for the storage and carrying of hunting pneumatic, firearms - carbines TOZ-17, caliber 5.6 mm, N, Vepr-308, caliber 7.62 mm, N, OP SKS, caliber 7.62 mm, N. The basis for the adoption of this conclusion was the involvement of S.K. . to administrative responsibility for the offense, under Part. 2 Article. 20.8 of the Code of Administrative Offenses of the Russian Federation, for violating the rules for storing and carrying weapons.
According to Part 1 of Art. 26 FZ N 150-FZ "On weapons" licenses to acquire, as well as permits to store or store and carry weapons are canceled by the authorities that issued these licenses or permits in the following cases: 1) voluntary refusal from said licenses or permits, or liquidation legal entity or death of the owner of the weapon; 2) systematic (at least twice a year) violation or non-compliance by legal entities or citizens with the requirements provided for by this Federal Law and other regulatory legal acts Russian Federation regulating the circulation of weapons; 3) the occurrence of circumstances provided for by this Federal Law that preclude the possibility of obtaining licenses or permits; 4) constructive alteration by the owner of civilian or service weapons and cartridges for them, resulting in a change in ballistic and other specifications specified weapons and cartridges to it. Part 2 of this article provides that the adoption of a decision to cancel licenses or permits on the grounds provided for in paragraph 2 of part one of this article must be preceded by a prior written warning to the owner of the license or permit by the authority that issued this license or permit.
Allowing under such circumstances the statement SK, guided by the provisions of the Law FZ N 150-FZ "On weapons", the court correctly identified the circumstances relevant to the case, and, assessing the evidence presented according to the rules of Art. 67 of the Code of Civil Procedure of the Russian Federation, reasonably came to the conclusion that the stated requirement was satisfied.
Perfect S.K. offense under Part. 2 Article. 20.8 of the Code of Administrative Offenses of the Russian Federation, may be an obstacle to the acquisition of firearms hunting weapons with rifled barrel which is provided for in Art. 13 of the Federal Law "On Weapons", but is not a basis for the cancellation of a permit to store and carry weapons issued earlier, since the list of such grounds specified in Article 26 of the Federal Law "On Weapons" is exhaustive.
The arguments set forth in the cassation appeal do not contain circumstances that testify to the inconsistency of the court’s conclusions with the circumstances of the case, the violation by the court of the norms of substantive law, and are actually reduced to disagreement with the assessment that the court of first instance gave to the evidence examined in the case, and therefore cannot result in the annulment of the decision.
The conclusions of the court are motivated, correspond to the circumstances of the case and the substantive law governing these legal relations.
There are no grounds for setting aside the court's decision.
Guided by Art. 361 Code of Civil Procedure of the Russian Federation, Judicial Board
Determined:
The decision of the Central District Court of Khabarovsk dated October 11, 2010 in the case on the application of S.K. on contesting the decision of the Internal Affairs Directorate for the Khabarovsk Territory on the annulment of permissions from the Regional Department of the Interior N, N, N to be left unchanged, and the cassation appeal of the representative of the Internal Affairs Directorate for the Khabarovsk Territory - without satisfaction.
presiding
I.I.KHUSNUTDINOVA
Judges
N.V. PESTOV
T.A.Razuvaeva
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 owner of the license to acquire it) commits an administrative offense twice within one year that encroaches on public order and peace of mind 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. The Department of Internal Affairs that issued the document to the legal entity has the right to withdraw it if, for violation of the relevant articles of the Code of Administrative Offenses, 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 the control firing of firearms with a rifled barrel, new permits are issued to the owners. 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 revoke a gun license? 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.
Hello, I have a question. I got a call yesterday from the police and was told to come to them about my hunting rifle. The department gave me a decision to cancel my weapons permit. They explained that I have two fines for 2015. The police said that they would now seize my gun and sell it. Is it legal?
- Question: No. 2553 dated: 2016-03-28.
Hello, on the merits of your question, we can report the following.
According to paragraph 3 of Article 26 of the Federal Law of December 13, 1996 No. 150-FZ “On Weapons” (hereinafter referred to as the Federal Law “On Weapons”), a license to purchase weapons and a permit to store or store and carry weapons are canceled by the authorities that issued these a license and (or) permit, 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.
By virtue of Art. 13 of the Federal Law “On Weapons”, a license to purchase weapons is not issued to citizens of the Russian Federation repeatedly brought to administrative responsibility within a year for committing an administrative offense infringing on public order and public safety or the established management procedure, an administrative offense related to violation of hunting rules, or administrative offense in the field of circulation of 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 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 subjected to administrative punishment.
Thus, if the owner of a license to store, carry weapons during the year was twice brought to administrative responsibility for administrative offenses under Art. 13 of the Federal Law "On Weapons", in relation to such an owner, a decision may be made to cancel the license.
According to Art. 27 of the Federal Law “On Weapons”, the seizure of weapons and cartridges for them is carried out by the internal affairs bodies in the event of cancellation in in due course licenses and (or) permits specified in this Federal Law.
Weapons and cartridges for them seized in connection with the cancellation in the prescribed manner of a license and (or) permit provided for by this Federal Law, as well as in connection with the liquidation of a legal entity that is the owner of weapons and cartridges for them, are stored in the internal affairs body before their alienation in the manner prescribed by civil law.
Based on the above, if you were actually brought to administrative responsibility under the articles of the Code of Administrative Offenses of the Russian Federation specified in the Federal Law "On Weapons", then the actions of police officers to cancel the license for weapons, seize such weapons and subsequently alienate them by sale are legal.
Attention! The information provided in the article is current at the time of its publication.
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?
After several mass executions that occurred in the Tver region and the Moscow region, the State Duma decided to improve the weapons legislation. The head of the Committee on Security and Anti-Corruption of the Committee, Vasily Piskarev, said that in the near future it is planned to discuss issues of increasing the sanction in the form of deprivation of a special right for carrying weapons while intoxicated with alcohol, drugs or under the influence of psychotropic substances up to life.
Now, we recall that carrying firearms while intoxicated entails the imposition of an administrative fine in the amount of two thousand to five thousand rubles with or without confiscation of weapons and cartridges for them, or deprivation of the right to acquire and store or store and carry weapons for a period of one year. up to two years with or without confiscation of weapons and ammunition for them.
But that's not all. The deputies believe that the possibility of suspending the permit to carry and store civilian weapons should also be discussed if the owner has already committed other administrative offenses not related to the circulation of weapons, but also in a state of intoxication. And in general, it is necessary to improve the mechanism for the timely identification of people who already have permits to keep and carry weapons, in respect of which there are grounds for depriving them of these permits, including for health reasons.
The very mechanism for identifying such owners of civilian weapons is still unclear. But such toughenings related to the inadequate behavior of our armed citizens have already been adopted more than once. So, in 2010, two amendments to the Law "On Weapons" were adopted at once. The first is a ban on issuing a license to purchase weapons to those people who, one way or another, were involved in criminal stories with drugs. That is, they did not allow small amateur drug dealers to arm themselves - who repeatedly committed an administrative violation during the year related to the circulation of narcotic and psychotropic drugs or their analogues. Licenses were also denied to drug addicts themselves if someone was seen consuming drugs and psychotropic drugs without a doctor's prescription.
The owner of the weapon must be checked by the police at least once a year
The second amendment obligated people to register civil and hunting weapon when moving. The owner of a gun, carbine, nominal or traumatic pistol, changing the address, is obliged to get on the "weapon record" within two weeks upon arrival at the new place of residence. At the same time, it is not necessary to submit an application for deregistration of weapons at the place of previous registration.
This amendment was not adopted by chance - at that time in the capital alone there were over 26,000 gun owners with expired licenses.
Help "RG"
Licenses for the purchase of weapons are not issued to citizens:
Having a criminal record for committing an intentional crime;
who has repeatedly committed an administrative offense during the year;
Not having a permanent place of residence.
The issuance of a license will be denied if the applicant fails to comply with the requirements for ensuring the conditions for the preservation of weapons, which include the mandatory presence of lockable safes or metal boxes at the place of residence.
