Refusal of a license for rifled weapons. How to obtain a permit (license) for a smooth-bore weapon? Grounds for legal refusal
gtv.guns 03-03-2011 01:59
In 2009, I tried to get permission and was refused (orally, saying “the refusal came” from somewhere above). I didn’t bother then and decided to try it next year. It's been two years, and now I want to try again. But to the LRO the major wanted to excuse himself - to send: “you need to figure out what’s going on,” and where to figure it out, with whom - he didn’t say. In the end, I insisted that he accept the documents, and then we’ll see. Here, in fact, is the question: if they refuse, what piece of paper should I demand from the major, and where should I go to whom to deal with this piece of paper?
Dago 03-03-2011 06:44
pipneogen 03-03-2011 07:10
gtv.guns 03-03-2011 10:47
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Did you pick up a notification slip when submitting your documents?
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Yes
lespot 03-03-2011 19:47
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Did you pick up a notification slip when submitting your documents?
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Yes
I advise you to first get a written refusal, and then think, as my experience shows, if they give you, then written refusals (like oral ones) go somewhere.
gtv.guns 04-03-2011 12:23
Sorry for being short-sighted, but what is this “t-u”?
SIFFT 04-03-2011 13:35
A notification coupon is (that’s how they wrote it), a tear-off piece of paper certifying that your application and papers have been accepted.
lespot 04-03-2011 13:53
quote: Originally posted by gtv.guns:
Sorry for being short-sighted, but what is this “t-u”?I understand about the paper. And then where? - to a lawyer?
Yes, t-u is a notification coupon.
The idea was to go to the prosecutor's office, but personally the matter never came to my attention. Everything ended with either a conversation with the head of the OLRR or the issuance of the necessary permits/licenses.
gtv.guns 04-03-2011 21:39
Understood. Ticket in hand. Will wait.
AAG 08-03-2011 21:32
If the documents are accepted, then most likely there will be no refusal. have nothing to show? there is no reason.
and there are often refusals verbally, because it is difficult to prove them legally, but this is a separate topic.
in general, wait for the results, and then we’ll see
moved from Legal advice
Good cat 13-03-2011 15:26
z.y. I didn’t sit, I was just detained for participating in acts of disobedience XD (hasn’t happened to anyone)
Article 13. The right to purchase weapons by citizens of the Russian Federation
(Part twentieth introduced by Federal Law of May 31, 2010 N 111-FZ)
A license to purchase weapons is not issued to citizens of the Russian Federation:
who have repeatedly committed an administrative offense that violates public order within a year or an established management procedure, or an administrative offense in the field of illicit trafficking in narcotic drugs, psychotropic substances or their analogues, as well as consumption of narcotic drugs or psychotropic substances without a doctor’s prescription;
Permit for smooth-bore weapons- this is a document without which it is prohibited to store and use for self-defense and hunting such types of smooth-bore weapons as double-barreled and single-barreled shotguns, pump-action shotguns, pistols, revolvers, sports weapons, etc. In accordance with Federal Law No. 150 “On Weapons”, Any type of smooth-bore weapon is subject to mandatory licensing and registration.
How to get a license for a shotgun?
A license for a smooth-bore weapon is a document without which the acquisition of a weapon is impossible and is considered illegal. To obtain a license for such a weapon, you first need to decide what kind of weapon to buy (brand, etc.).
The process of obtaining a license for a smooth-bore weapon is as follows:
1. You need to decide in advance on the brand of weapon and write an application, which is then submitted to the Licensing and Permitting Department (LRO) at the location of your police department. The application has a column to fill out called “weapon brand” - it is not necessary to fill it out; usually it is enough to indicate that you plan to purchase civilian smooth-bore weapons.
If you have changed your place of registration, you must renew your license or permit within 2 weeks.
In general, it may take about 1-1.5 months to obtain a license, then purchase a weapon and obtain a permit.
- The one-time fee for each weapon is 100 rubles, and can be paid at any bank branch. In addition, in most branches of the licensing and permitting service, special terminals are installed for this purpose.
Every day the department records two or three episodes of unlawful use of traumatic weapons. Moreover, in 90% of cases, such violations occur against the background of alcohol or other intoxication. This was stated yesterday at the RF OP by the head of the Main Directorate of State Control and Licensing and Permitting Work of the Russian Guard. Leonid Vedenov. This, as well as many other violations when citizens use weapons, according to him, indicates that there is an urgent need to change the current legislation on weapons and add new instruments of state influence in order to prevent possible violations. “I will not hide the fact that we have become concerned, and there is reason for this, that many citizens, due to their psychological state, are unlikely to be gun owners. Therefore, we believe that the list of requirements for persons applying for the right to own a weapon needs to be revised,” - he said.
In order to reduce the number of crimes and offenses in the sphere of arms trafficking, as well as illegal acts committed with its use, the Russian Guard has prepared a number of proposals, which in the future may become the basis for draft regulatory legal acts. Among the key ideas of the department, voiced by Leonid Vedenov, the following can be highlighted.
The introduction of a licensing procedure for the acquisition of decommissioned weapons on the basis of licenses for collecting them, as well as mandatory registration of these weapons in the Russian National Guard (a similar procedure could be introduced for pneumatic weapons).
Creation of legal grounds for providing the Russian National Guard with information about the fact that the owner of a weapon is registered for mental illness, alcoholism or drug addiction, when such data affects the adoption of legally significant actions within the framework of arms control.
Establishment of additional grounds for . Among them:
Find out about the procedure for purchasing weapons and ammunition for them from the material "Features of the sale of weapons
"
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- the presence in relation to the citizen of a conclusion on the impossibility of owning a weapon due to the increased danger of violating the rights and freedoms of citizens and the emergence of a threat to public safety, prepared in the manner established by the Government of the Russian Federation;
- the citizen has an active or expunged or expunged conviction for a serious crime or a crime committed while intoxicated;
- bringing charges against a citizen for committing a crime (until the issue of the citizen’s guilt is resolved in the prescribed manner);
- repeated commission of an administrative offense by a citizen who is intoxicated;
- refusal of a citizen to give consent to provide information regarding him that constitutes medical confidentiality about the fact of registration in health care institutions regarding mental illness, alcoholism or drug addiction during the period of possession of a weapon;
- bringing a citizen to administrative responsibility for failure to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication.
The introduction of a ban on the storage, carrying and use of weapons by citizens who, by virtue of the law, have lost the grounds for owning them, as well as the corresponding obligation to hand over the said weapons to the territorial body of the Russian Guard.
Creation of additional conditions for applying for the issuance of permits canceled for violation of weapons circulation rules. In particular, it is proposed to establish that gun owners can reapply for permits provided they undergo training in order to learn the rules of safe handling of weapons and acquire skills in safe handling of weapons.
Additionally, Leonid Vedenov mentioned that the validity period of permits for storing or storing and carrying weapons could be increased from 5 to 15 years. It is expected that this will remove excessive burdens and administrative barriers for law-abiding gun owners who do not violate the rules of their circulation. This initiative is now being actively discussed by representatives of the Russian Guard and the Russian Ministry of Internal Affairs.
“In my opinion, these initiatives are aimed at trying to promptly confiscate weapons from people who have degraded to the point where the presence of weapons in their hands becomes dangerous for society. That is, a mechanism will appear that will allow the confiscation of weapons from people who have become antisocial at some point. - stage of my life. Now such a mechanism practically does not exist. That is why these initiatives are valuable,” a member of the RF OP, Chairman of the Board of the All-Russian industry association of employers in the field of safety and security “Federal Coordination Center for Security Structures Managers” shared his opinion. Alexander Kozlov.
Having approved the concept of tightening requirements for gun owners in general, experts, however, found a number of shortcomings that, in their opinion, should be eliminated. Thus, the head of the expert-analytical group of the All-Russian public organization "Right to Arms" Vasily Mazaev noted that neither statistics nor justification were given for any of the proposals. He also drew attention to the fact that a number of crimes do not fall under the category of serious crimes, but the persons who committed them pose no less a public danger to society. Therefore, he is sure that it is inappropriate to limit the list of grounds for refusing to issue a weapons license only to the commission of a serious crime. “For example, hooliganism (or gross violation of order associated with the use of weapons) is not a serious crime, just like robbery. But we, it turns out, give the hooligan and robber the right to carry weapons. Here, probably, we should not talk about serious crimes, but about deliberate and violent actions – and for this they will be deprived of the right to own weapons,” he explained. The expert of the interdepartmental working group at the Military-Industrial Commission agrees with him Muslim Sheikhov: “The wording given by the department is quite vague, and besides, a huge number of crimes against the person are not classified as serious (for example, violent acts of a sexual nature, etc.). I would reformulate this proposal, indicating instead of serious crimes against the person and the constitutional rights of citizens.”
In addition, experts pointed out that there are objective reasons why the rule on refusing to issue a weapons license in the event of a conviction for a crime committed while intoxicated will not work. “Today there is no legislative concept of the state of intoxication. What is considered such? This issue should be worked out together with the Russian Ministry of Health very deeply,” emphasized Vasily Mazaev. And a member of the RF Chamber of Commerce and Industry Committee on Business Security, Ph.D. Sc., Associate Professor Valery Shestakov added that such a condition can only be established by adding to the rule on the circumstances to be proven in a criminal case (). “Today, investigators and the court are obliged to prove the presence of intoxication only under ("Violation of traffic rules and operation of vehicles"). Under other articles they are not obliged to do this, therefore it is necessary to include the state of intoxication in the circumstances subject to proof in each criminal case. Otherwise We will not have information about the state in which the crime was committed,” he concluded.
I applied for a license to purchase civilian weapons through the government services website. I have no contraindications. I have no outstanding convictions. And there were no administrative offenses. I completed my training. I have a hunting license. I have permanent registration in Yekaterinburg. How can I appeal this decision?
Vladimir, Ekaterinburg
Is it possible to obtain a weapon in this case after the criminal record is cleared?
Is it possible in this case to get a weapon after a criminal record has been cleared, since the verdict only indicates the THREAT of using violence, and not the USE OF WEAPONS?
Andrey, Moscow
Refusal to issue a weapons license: reasons and grounds
Lawyer: Vladimir Murashko
online now
Hello Andrei!
You are asking:
Is it possible in this case to get a weapon after a criminal record has been cleared, since the verdict only indicates the THREAT of using violence, and not the USE OF WEAPONS?
This will depend on which article of the Criminal Code of the Russian Federation you were convicted under. In the part of the sentence you attached, the article is not indicated, but judging by the content, you were tried for robbery committed by a group of persons with illegal entry into a home, that is, under Part 3 of Art. 162 of the Criminal Code of the Russian Federation. And this is a serious crime.
According to Art. 13 of the Law “On Weapons”, a license to purchase weapons is not issued to citizens of the Russian Federation who have an unexpunged or outstanding conviction for a crime committed intentionally, or having withdrawn or repaid conviction for a grave or especially grave crime committed with the use of weapons;
Lawyer: Vladimir Murashko
online now
Andrey, Moscow
What is the difference between a threat and an attack?
I'm surprised that you don't understand the simplest question. The threat of using a weapon, an ax, a knife, a fist, etc. is a verbal expression of one’s intentions. If this verbal expression is accompanied by a demonstration of a weapon (the threat shows his weapon, points it towards the person being threatened), then this is recognized as the use of a weapon. In other words: a person threatened to kill another by using a weapon by displaying it.
You want to get the answer that you need, but it doesn’t happen that way. The Criminal Code of the Russian Federation has Article 119, which provides for criminal liability for threats to kill or cause grievous bodily harm. So, if Ivanov verbally threatened Petrov to kill him, but he did not have any weapons on him, he will not be prosecuted, since the threat was not real.
In addition, you were tried for a serious crime. And this is a reason to refuse to issue you a weapons license, which I wrote to you about above. And at the same time, the difference between the threat of using weapons and their actual use will not matter.
Lawyer: Vladimir Murashko
online now
Andrey, I haven’t read the operative part of the verdict and therefore I cannot know whether you used weapons during the robbery or not according to the verdict. If it was not applied, then, of course, there should not be a ban on issuing a license, since the criminal record has been expunged, and the condition for the ban in this case is the commission of a serious or especially serious crime with the use of weapons. The descriptive part of the verdict that you posted is not the result of the trial.
Can I get a permit for a traumatic weapon with an expunged criminal record under Article 105 Part 1?
Hello, can you please tell me if I can get a permit for a traumatic pistol since I was convicted under Article 105 Part 1, the conviction was expunged. Thank you