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Kinds of the weapon and the right to purchase it  



The legislation distinguishes: civil, service, fighting manual shooting and a cold steel.

 

The purposes of use of the weapon are put in a basis of the offered classification, key parameters and their characteristics.

 

The concrete definition of used characteristics and parameters allows carrying object to this or that group. Here the bases of classification used in expert activity where for a basis of specific division of the weapon the attributes describing separate parts are put, can render the help. Besides that, there is a weapon behind the limits of the presented legislative classification: the author's art weapon, museum pieces and exhibition samples, the trial models created during the moment of a design of new kinds of the weapon, etc.

 

However Federal Law « About the weapon » contains a general characteristic of its separate kinds.

 

 The weapon intended for use by citizens of Russia with a view of self-defense concerns to the civil weapon, for playing sports and hunting. The order of the Government of the Russian Federation from August, 3rd, 1996 #1207 approves the List of the service and civil weapon and its ammunition, included in the State cadastre of the service and civil weapon.

 

The civil fire-arms should exclude firing by turns (in this case the legislator completely excludes an opportunity of purchase by citizens of the automatic or semi-automatic weapon) and to have capacity of drum (reel) no more than 10 patrons. A typical example of such civil weapon will be all familiar pomp-gun. At the same time the civil weapon is presented a little bit more widely models of guns, known to you.

 

 

The legislator subdivides the civil weapon into following kinds:

1) The weapon of self-defense:

Fire smooth-bore long-trunk weapon (with the patrons of traumatic action corresponding to the Norms, installed by the Ministry of Health and social development of Russia). It is natural, that in most cases purchasing weapon of such type each of us reflects on the named norms in last turn, however it is necessary to consider, that the chosen weapon in case of its use as means of self-defense should demoralize only attacked, to create to you an opportunity to disappear without causing the last one essential damages and significant damage to his health;

 

Fire "without a trunk" the weapon of a domestic production with traumatic patrons, gas and light-sound action, corresponding norms Ministry of Health-and social development of Russia. As an example the pistol of system "Оса" in which as a fighting charge the rubber bullets are used, allowing a damage of the opponent with the equal force of the professional boxer-heavyweight;

 

The gas weapon: gas pistols and revolvers, including patrons to them, mechanical sprays, the aerosol and other devices equipped by teargas or irritating substances, resolved to application of Ministry of Health and social development of Russia. By way of illustration we shall note "Bird cherry". The basic attribute of the gas weapon is its applicability for temporary defeat of the purpose as which can act the person or an animal, by application of the toxic substances rendering teargas, irritating or other influence;

 

Electroshock devices and the spark arresters of a domestic production having target parameters, corresponding to the requirements of state standards of the Russian Federation and norms of Ministry of Health and social development of Russia.

 

Expansion of structure of the weapon of self-defense by means of inclusion in the designated group of mechanical sprays, aerosol and other similar devices has been caused by necessity of creation of additional guarantees of realization of the right of citizens on self-defense with use of subjects and the products intended for the similar purposes. However acceptance of the given decision in the further has not been properly fixed in the legislation. In particular, attention is repeatedly paid, including bodies of judicial authority, on that circumstance, that for purchase and storage of the gas weapon in the form of pistols and revolvers reception of the license is necessary. Thus mechanical sprays, the aerosol and other devices equipped by teargas and irritating substances, also concerning the gas weapon, can be got freely. Such subjects of substance meanwhile used in equipment can cause not only irritable effect, but also lead to much more serious consequences. In particular, gas «С8», most often meeting in aerosol cylinders, is carried to number of strong and poisonous substances, purchase, storage, transportation with the purpose of selling and which selling attract the criminal liability;

 

2) The sports weapon:

  • Fire with a cut trunk;
  • Fire smooth-bore;
  • Cold;
  • Pneumatic with barrel energy from above 3 Joule

 

 Civil hunting weapon:

1) fire with a cut trunk;

2) fire smooth-bore, including with length of a cut part no more than 140 mm;

3) fire combined (cut and smooth-bore), including with replaceable and supplementary cut trunks; 

4) pneumatic with barrel energy no more than 25 Joule;

5) cold

 

  For the first time in the domestic legislation demand about the weapon with trunks of the combined type, including with replaceable and supplementary cut trunks is settled. Before acceptance of the Federal Law « About the weapon » there were in circulation guns with the combined trunks: cut, smooth, and as replaceable trunks, i.e. supposing installation on a box either cut, or a smooth trunk. Supplementary cut trunks before acceptance of the given Law to a turnover were not supposed also possession by them attracted the criminal liability. Now the weapon of such type is widespread enough in the hunting practice as answers wishes about the accuracy of shooting, fight of the majority of hunters.

Among the civil weapon the legislator also names the alarm weapon and cold weapon intended for carrying with the Cossack form, and also with national suits of people of the Russian Federation which attributes are defined by the Government of the Russian Federation. In this connection the Decree of the President of the Russian Federation from May, 8th, 2005 531 « About the military form of clothes, signs on distinction of military men and departmental distinctions » had been approved the form and a relying weapon for military men.

 

The weapon intended for use by officials of the state bodies and workers of legal persons concerns to the service weapon, which legislation of the Russian Federation resolves carrying, storage and application of the specified weapon with a view of self-defense or for execution assigned on them by the federal law of duties on protection of a life and health of citizens, the property, on wildlife management and the natural resources valuable and dangerous cargoes, the special correspondence.

 

The service weapon is necessary:

1) to private security guards;

2) to private detectives;

3) to workers of the organizations of a federal mail service (according to the governmental order of the Russian Federation from January, 26th, 2005 #38 « About maintenance with the service and civil weapon, patrons to it and special means of workers of the organizations of a federal mail service »);

4) to officials of the state wood protection of the Russian Federation;

5) to judges (according to the governmental order of the Russian Federation from December, 18th, 1997 1575 « About the order of delivery by law-enforcement bodies of the Russian Federation of the service weapon to judges »);

6) to other officials of establishments and the organizations to whom by virtue of the direct instruction of the normative legal certificate with a view of protection of their rights and the legitimate interests caused by their special legal status, the right to free carrying and storage of the weapon to a case of reflection of an attack on itself is given, relatives, dwelling, etc. the Enterprises and the organizations to which the legislation of the Russian Federation assigns the functions connected with use and application of the service weapon, are legal persons with special authorized problems.

To the service weapon concerns fire smooth-bore and short-cut weapon of a domestic production with the barrel energy no more than 300 Joule and also fire smooth-bore long-trunk  weapon. The service weapon should exclude firing by turns the cut service weapon should have differences from a fighting manual small arms on types and the sizes of a patron, and from civil - on a print-leaving on a bullet and a sleeve. The capacity of drum (reel) of the service weapon should be no more than 10 patrons. Bullets of patrons to fire smooth-bore and short-trunk weapon cannot have cores from firm materials. Patrons to the service weapon should correspond to requirements of state standards of the Russian Federation.

 

From M.I.Petrov's book "The Weapon-purchase, storage, use"

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