In order for citizens not to carry out unauthorized use of traumatic weapons, special rules apply. They are established by the current legislation. There is also liability for possession of these weapons without a proper license. Punishment can be implemented at the criminal or administrative level.
Laws to regulate
The rules for the use of traumatic weapons are controlled by state and municipal acts. Their list is as follows:
1. Government Decree. In 2014, they allowed citizens to own a handgun. And this law builds the basis for the presence of traumatic weapons in certain situations:
- shooting competition;
- training;
- self-defense;
- hunt based on required license.
2. Law of the Russian Federation "On weapons". It was accepted back in 1996. In practice, there is no definition of a traumatic pistol. For this, specific signs of this type of weapon are displayed:
- maximum energy when fired - 91 J;
- the use of traumatic weapons is allowed if it contains the appropriate cartridges (their maximum number in one pistol is 10);
- designed for self-defense only.
The indicated acts divide all types of weapons into categories, reflect their methods of their proper storage and use for ordinary citizens.
Punishment and Articles
The content and use of traumatic weapons must be implemented in compliance with the laws. Otherwise, the citizen is responsible. The pen alties are reflected in the following articles and paragraphs:
- The first part of art. 222 of the Criminal Code. A measure for illegal operations with weapons. But after the introduction of the law, the turnover of traumatics for use by ordinary people was removed from this part.
- An administrative action is imposed for content without a license. This is Art.20.8.
- Pen alties for illegal sale, possession, carrying and threat of use. The following articles work for the illegal use of traumatic weapons: 119 and 222 of the Russian Criminal Code. Under complicated circumstances, the offender may be sent to prison.
About responsibilities
Possession of these weapons without proper authorization is grounds for sanctions. Its owner may be subject to administrative and criminal liability. This is an innovation introduced in 2018.
Moreover, the degrees of punishment are formed individually for each individual case.
Administrative measures
They usually involve paying offendersfines. In some cases, he becomes the object of administrative arrest.
For violation of the rules for carrying and using traumatic weapons, in accordance with Art. 20.8, fines are imposed in the range of 500 - 2000 rubles. A similar pen alty applies for an outdated license and improper disposal of the weapon itself and its cartridges.
If an individual purchases a gun without a license, then it can be fined 3000-5000 rubles. The following measures may also apply:
- Seize the pistol and ammo free of charge.
- Deprive the right to further storage and use of traumatic weapons. The term of such restriction varies from 6 months to 2 years.
If this offense is committed by an official, for example, an employee of a private security company, then he can:
- To oblige to pay a fine from 5,000 to 15,000 rubles.
- Release from this position and impose temporary restrictions on such work. Their range: 1-3 years.
If the violator is a legal entity, then fines are applied in the range from 100,000 to 500,000 rubles.
Also may be banned from professional activities for a maximum of 2 months.
No arrest involved.
Criminal measures
They come into play when a person is in possession of an unregistered injury (and other weapons).
According to the law of the Russian Federation, the use of a traumatic weapon that does not have identification entails a punishment:
- Fine up to RUB 80,000
- Compulsory community service.
- Arrest before6 months.
- Deprivation of liberty for a maximum of 4 years.
So says Art. 222 of the Criminal Code. Also, according to it, the freedom of a citizen can be limited for a period of up to 3 years.
If a person stores this weapon carelessly, then he is responsible under Art. 224 of the Criminal Code. Various pen alties may apply to him.
Obtaining a license. Algorithm
When you have definitely decided on the need for a traumatic weapon for yourself, then before acquiring it, you will need to complete the following procedure:
- Learn how to properly use a weapon. It is also important to know how to store it and when to use it.
- Get approval to purchase.
- Pass a medical examination. Here, the certificates of such specialists as a narcologist and a psychiatrist are of the greatest importance. Their conclusions are valid for one year. And the commission itself should be held annually, when you already become the owner of the weapon.
- Obtaining a license to use, maintain and carry an injury.
- Purchasing a reliable storage for weapons.
About permission to keep and carry
If it is not there, but the weapon is, then you are committing criminal acts. After the first two stages indicated above, you need to acquire the specified permission.
It is issued by law enforcement agencies, or rather a department that specializes in issuing such documents.
A citizen who has bought a gun must obtain a permit within 14 days from the date of purchase. Forthis will require the following documentation:
- Application for permission.
- Copies of individual documentation.
- Couple photo 3 x 4.
- Certificate of medical examination.
- Copy of permission to purchase weapons. It should have a shop stamp about the transaction.
- Insurance contract. It is issued when buying a pistol.
- Certificate of completion of training sessions on the competent wearing and use of traumatic weapons.
- Proof of payment of the state duty (receipt, check).
The police accept this package of documents and study the application. It takes a maximum of 10 days from the date of its submission. The necessary checks are carried out for their authenticity. And in the absence of claims, they issue a permit and provide it to the owner of the traumatic weapon.
If the police have some questions at the inspection stage, and then a license is denied, you can file a lawsuit.
If you succeed in obtaining permission, remember that the period of its activity is 5 years. After this period, you need to go through the registration procedure again and provide a similar package of documents.
Often, a license is denied if the applicant does not have a reliable safe for this type of weapon at home. Therefore, resolve this issue in advance.
About the need for a license
The main tasks here are:
- Accounting for all gun owners.
- Checking the he alth of all license applicants and their skillstake advantage of trauma.
- Limit its massive illegal exploitation.
- Compliance with the rules for the use of traumatic weapons.
The last point is the most important. After all, it already concerns the owners of such pistols, which have mandatory licenses.
Following the rules
This is a necessity and a pledge of order. At first glance, the picture is simple - do not break the law and do not create problems.
In 2018, we made some adjustments to the rules for the use of traumatic weapons, the new rules are as follows:
- It is forbidden to carry a gun in public places (stadiums, shopping malls, etc.). The exception concerns security personnel.
- Don't use weapons while slightly intoxicated.
- You cannot own more than two licensed weapons.
- Do not change the design of the gun. Do not add accessories such as silencers and night vision goggles.
- Storage of weapons is carried out only in a reliable insulated safe.
- Use the gun only in an emergency.
Self-Defense Actions
This is the most interesting and subtle moment. And the line between self-defense and crime is very thin.
The use of traumatic weapons for self-defense is provided for by law. And in case of an attack on you, first make a warning shot in the air. You can make verbal threats or simply demonstrate a gun. If the aggressor calms down andabandons his intentions, weapons can not be used. But it is activated if the warning measures did not affect it in any way.
In some situations, you do not have the opportunity to warn about the use of injury:
- The aggressor is already exerting physical influence.
- He has a weapon against you.
These are extremely difficult cases, often resulting in death. They can be prevented if armed conflict can be avoided.
Subtleties of the situation
In our country, any person who repelled an attack on himself with a traumatic pistol (even if he has a license for it) is liable to the law.
Criminal proceedings may also be initiated, especially if the attacker has received various injuries.
If he died as a result of his injuries, then the case will be started without fail.
Instances of the use of traumatic weapons should be urgent when there is a threat to your life.
Also remember that today your actions can be recorded by surveillance cameras, mobile devices of eyewitnesses or the aggressors themselves. Do not forget about car DVRs.
This might work in your favor if you were really forced to use your weapon.
Your main task is to stop the attack, not to eliminate the criminal. To do this, it is enough to injure.
Shots and distances
They are of great importance in the development of the situation. For example, if you hit the attacker's head from a meter away, most likely you will kill him. At a minimum, these are serious bodily injuries.
Zones of the most vulnerable places are shown in the diagram below. They are marked with crosses.
The law on the use of traumatic weapons does not prohibit shooting from a similar distance and hitting designated targets. Such prohibitions are written on the packages with cartridges and in the document for the pistol. Although they are not enforceable, failure to comply with them can work against you.
In self-defense, it is advisable to aim at the aggressor's limbs. If this is not possible, shoot randomly at the attacker 1-2 times. Explain to the police that they were just shooting in his direction after he ignored the warnings.
According to the law, after this incident, you must report it to the police. To do this, you have 24 hours from the moment of the incident.
If you do not, the investigation may consider you a criminal. It is advisable to contact the police immediately after using the weapon. Assist the wounded if necessary.
You will also need to prove the legality of the use of a gun and present the relevant evidence.
Your main task is not to become a suspect for law enforcement.
Post Incident Action
To avoid the fate of a criminal, you need to take actions after using a traumatic weapon:
- Remove as detailed as possible the place where the gun was used. You can take both still pictures and videos.
- Take pictures of all the cars standing nearby. Their registration numbers must be clearly visible in the frame. DVRs may work in these vehicles.
- Find eyewitnesses. Ask them to stay in the incident area until the police arrive.
- Camera (photo or video) witnesses if they refuse to stay and testify.
- Call all your friends and family if you can and tell them about the incident. Ask two or three people to come to this place as soon as possible.
- If the attacker managed to escape, describe to the police in detail his signs.
- If he is injured and has movement restrictions, call an ambulance.
- In no case do not take shell casings and weapons of the criminal (if he had one).
If you follow the law, call the police immediately after the incident. Then you will be taken to the office. Be sure to write down your explanation in writing. Describe in as much detail as possible all the nuances of the incident. Pay special attention to the reason for using the weapon.
Explanation may span multiple pages. Each must be numbered and have your signature at the bottom.
Enter the total number of sheets. In no case do not put your signature in the proposed documents without having thoroughly studied them.
The attacker has the right to state his version of the incident and issue a similar explanation to the police. And according to him, you can be the instigator of the conflict.
In this process, you can not do without a qualified lawyer. But you will have a serious chance to avoid imprisonment or a fine.
