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The find, inheritance and donation of the weapon  



The civil legislation declares, that irrespective of a subject and the maintenance of a find, a person who found the lost thing is obliged to notify immediately the person who has lost it, the proprietor of a thing or someone other of the persons known to him, having the right to receive it, and to return the found thing to this person.

 

If the person found a thing having the right to demand return of the found thing or a place of its stay are unknown, is obliged to declare a find in militia or in institutions of local government. Found a thing have the right to keep it or to check in militia, institutions of local government or to the person specified by them (point 1 of item 227,228 PS the Russian Federation).

 

If within six months from the moment of a find the proprietor of a thing will not be found, it carries over to the person who has found it. Storage and use found by them or the fire-arms passed by it which proprietors they are not are forbidden to legal persons and citizens. Such weapon is a subject to immediate delivery in law-enforcement bodies. For example, if Citizen Petrov A.A. has casually found out near an entrance of the house of convolutions with pistol PM, the most logical and its absolutely correct action was the reference to the divisional which is obliged to accept its statement.

 

The statement can be submitted and in the oral form. In this case the divisional or person on duty DIC of that area would address Mr. Petrov A.A., registers the application when due hereunder in « to the Book of registration and references of citizens ».

 

At the same time Petrov A.A. will be obliged to give corresponding explanations about a subject, time, a place and other circumstances of a find. The find is located in on duty service of the Department of Internal Affairs and is kept there up to the final sanction of all circumstances of business (to whom earlier belonged as it could appear in a place of its find when and under what conditions could be used, etc.).

 

Only in this case the citizen will be considered executed a corresponding duty, otherwise, at revealing the fact of concealment of Petrov A.A. of data on the find he will be made answerable.

 

Besides we shall note, that repeatedly in territory of our state the acts providing an opportunity of payment for each unit of the weapon handed over by citizens (the named acts kinds, model and date of manufacturing of the accepted weapon, the hunting weapon for example illegally being at the disposal of citizens or the weapon of times of Great Domestic war especially stipulate) are accepted.

 

Donation and inheritance of the civil weapon registered in law-enforcement bodies are made by way of, defined by the legislation of the Russian Federation. Attitudes on donation are regulated by positions chapter 32 State Code of the Russian Federation. In case of transfer to gift of the weapon the donator should make sure that this person possesses licenses for purchase of the weapon. In case he does not possess, and refusal of gift in the given situation cannot become the sanction of a problem, it can be issued by way of, stipulated in the first chapter of the present book.

 

Donation is not taken place, and the corresponding contract voids in case the addressee of the weapon refuses to legalize papers demanded by the legislation. Donation of the weapon should be issued without fail in writing with the subsequent notice on the concluded contract of law-enforcement bodies. In the notice it is underlined, from whom and to whom the weapon is passed, with a designation of its individualizing properties: a kind, model, numbers of the weapon and a trunk, a date of issue; requisites of documents of participants of the contract of the donation, certifying their right to  storage and purchase of the weapon.

 

For example, in the application's parts of the notice the text of the following maintenance can be placed:

 

« I, Petrov And., 1982 of the birth, registered to the address: city, Lenin's street, b. 12, app. 18, the passport a series, the license for storage of the weapon a series, I pass on the basis of the contract of donation 1 from 1/1/2006 Ivanov I.I. in the property fowling piece МЦ21-12 belonging me, produced in 12/70, 2003 year №035696 ».

 

At reception of the weapon in gift, the citizen becomes its full owner in this connection takes up corresponding obligations on maintenance of its safety and safe use. the weapon belonged to him  is a part of the inheritance and is inherited in accordance with general practice, That occurs equalizing the given category of things to the things which are freely being a turnover, but their equalizing stops on this  .

 

The notary, having accepted the application for delivery of the certificate for the right to the inheritance, should explain to the successor what to use the inherited weapon he can only after reception of the special sanction (license) for it. The order of reception of such sanction is established by the corresponding law. Before reception of such sanction should be taken measures on protection of the weapon which is a part of the inheritance. If the notary knew, that the structure of the inheritance includes the weapon, he notifies law-enforcement bodies about this.

 

All the documents mentioned in the present paragraph are made in writing with obligatory acquaintance with their maintenance of the successor. Last makes a mark of the following sample on them :

  «To me, Petrov And., character and sequence of fulfillment of actions concerning the fowling piece got by right of succession 21-12 caliber 12/70,2003 years of release by 035696 notary Ivanov I.I ».

 

Besides the notary should take all measures to safety of a weapon being in its temporary conducting. The last, in particular, are reduced to its transfer to an on duty part of area OVD of a site. The order of delivery of the weapon on temporary storage is similar with procedure of registration of a find. Alongside with this, the notary is obliged to inform successors on a site of hereditary property with transfer to their order of a copy of the coupon-notice. So, in particular, in case of death of the proprietor of the civil weapon up to the decision of a question on inheritance of property and reception of the license for purchase of the civil weapon the specified weapon immediately is withdrawn for responsible storage by law-enforcement bodies, its registered (item 20 Federal Law « About the weapon »).

 

The fighting and service weapon is a subject to withdrawal. Reception by the successor of the special sanction is necessary for him that the property inherited by him remains belonging to him on the property right. In delivery of the special sanction to the successor can be given up. The bases to refusal in delivery of the sanction are similar to the bases to refusal in licensing.

 

Refusal in delivery of the sanction always should be motivated; the decision on refusal is accepted only in the cases stipulated in the law. Refusal of corresponding bodies give out to the successor such sanction can to be appealed against in the judicial order. In case of if the successor has not received the sanction to the weapon which has passed to him together with other hereditary property, such property cannot belong to him. At refusal to the successor in delivery of the specified sanction his property right to the weapon, is equal as on strong and poisonous substances, narcotic and psychotropic means and others limited things, is a subject to the termination (paragraph 2 of item 2 of item 1180 state code the Russian Federation).

 

If on the bases supposed by the law, in the property of the person there was a property which by virtue of the law cannot belong to him, this property should be taken off the proprietor within a year from the moment of occurrence of the property right to property if the law does not establish other term. In our case in a role of the proprietor corresponding structural divisions of law-enforcement bodies will act, whose competence includes control of a turnover of fire-arms.  Corresponding withdrawal occurs by way of, described in sub-item 1.4.

 

In cases when property's not taken off the proprietor in target dates, such property in view of its character and purpose under the decision of the court which have been taken out under the statement of the state body or institutions of local government, is a subject to compulsory sale with transfer to the former proprietor of the obtained sum or transfer to the state or municipal property with compensation to the former proprietor of cost of the property certain by court. Thus expenses for alienation of property (item 238 State code the Russian Federation) are subtracted.

 

Legal persons and citizens of the Russian Federation at reception of the civil weapon and patrons in gift or are by right of succession obliged by them:

1) to present the application under the form established by the Ministry of Internal Affairs of Russia to law-enforcement bodies in a place of the account of this weapon

2) to have the license for purchase of a corresponding weapon , its collecting or exhibiting or the sanction to storage or storage and carrying of such weapon.

Registration (re-registration) of the weapon received in gift or by right of succession is made by law-enforcement bodies according to the federal legislation on the basis of the documents confirming legality of donation or the introduction into the inheritance.

 

 

Donation and inheritance fighting short-trunkmanual shooting awarded weapon are not allowed.

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