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Self-defense weapon: classification, application procedure. Basics of safe life

Fundamentals of Safe Life Activities (OBZhD)

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In the early 1990s, a rather complicated criminogenic situation developed in Russia. Added to this was the need to take care of private property, although the majority of the population had a very modest one. In addition, Russian law enforcement agencies were unable to reliably protect the citizens of the new Russia and their property. Because of this, in 1993 in the Russian Federation, citizens were legally allowed to acquire gas weapons (pistols and revolvers), mechanical sprayers, aerosol and other devices equipped with tear and irritating substances approved for use by the Ministry of Health of the Russian Federation for the purpose of self-defense.

The legal basis for the acquisition, storage and use of the listed weapons is the Federal Law "On Weapons" of November 13, 1996, Decree of the Government of the Russian Federation of December 2, 1993 No. 1256 "On Measures to Implement the Law of the Russian Federation "On Weapons" and the order of the Ministry of Internal Affairs of the Russian Federation dated December 30, 1993 No. 609, which approved the Instruction on the work of internal affairs bodies to control the circulation of service and civilian weapons.

According to the Federal Law "On Weapons", all weapons available in the state are divided into three types: civilian, service and combat.

In the context of the topic under consideration, we will focus on civilian weapons, and above all on self-defense weapons.

Civil weapons include:

  • weapons of self-defense;
  • sports weapons;
  • hunting weapon;
  • signal weapon;
  • cold bladed weapons designed to be worn with the Cossack uniform, as well as with the national costumes of the peoples of the Russian Federation.

Self defense weapons include:

  • firearms;
  • gas weapons (pistols, revolvers and their cartridges);
  • electroshock devices and spark gaps.

Control over the circulation of civilian weapons is entrusted to the internal affairs bodies.

The law regulates legal relations arising from the circulation of civilian weapons on the territory of Russia, and is aimed at protecting the life and health of citizens, property, ensuring public safety, protecting nature and natural resources, as well as combating crime and illegal distribution of weapons.

Every citizen who has expressed a desire to acquire gas and firearms for the purposes of self-defense, protection of life and health of family members, property, need to know:

  • the legal basis for the acquisition, storage and use of weapons of self-defense;
  • the procedure for acquiring these types of weapons, their storage and use;
  • conditions and limits of its application.

After studying the documents regulating the procedure for acquiring self-defense weapons, checking the skills in handling them, you can apply to the internal affairs body for their acquisition.

Citizens of the Russian Federation have the right to acquire:

  • without license - aerosol packages filled with tear and irritant substances, as well as pneumatic weapons;
  • under an open license issued for a period of five years - gas pistols and revolvers, ammunition for them (an open license for the purchase of gas weapons is a permit for their storage and carrying);
  • under a license for the purchase of hunting firearms, issued for a period of six months - hunting firearms; hunting firearms with a rifled barrel.

Licenses for the purchase of specific weapons are issued by the internal affairs authorities at the place of residence. If you have a license to purchase or a permit to keep and carry firearms you can buy cold hunting weapons and ammunition for firearms.

Gas and smooth-bore firearms purchased for self-defense must be stored in conditions that ensure its integrity, safety and exclude access to it by unauthorized persons, i.e. in metal cabinets (safes) located in isolated rooms at the place of residence of the owner of the weapon. Internal affairs bodies have the right to check the conditions of storage of firearms at the place of residence of the owner.

Persons acquiring smooth-bore firearms, gas pistols and revolvers for the first time are required at their place of residence to pass an examination of knowledge of the rules for the safe handling of weapons according to a program determined by the Ministry of Internal Affairs.

According to Art. 13 of the Federal Law of the Russian Federation "On Weapons", a license to purchase weapons not issued citizens of the Russian Federation:

  • under the age established by the Law "On Weapons";
  • who did not submit a medical opinion on the absence of contraindications to the possession of weapons;
  • having a criminal record for committing an intentional crime;
  • serving a sentence for a crime;
  • who repeatedly committed an administrative offense during the year, infringing on public order or the established order of management;
  • not having a permanent place of residence;
  • who did not submit to the internal affairs bodies documents confirming the passing of the test of knowledge of the rules for the safe handling of weapons, and other documents specified in the law.

Appendix No. 3 to Decree of the Government of the Russian Federation of December 2, 1993 No. 1256 defines a list of diseases and physical disabilities for which a license to purchase service and civilian weapons for citizens not issued it includes:

  • chronic and protracted mental disorders with severe persistent or often exacerbated painful manifestations;
  • epilepsy;
  • alcoholism, drug addiction, substance abuse;
  • corrected visual acuity below 0,5 in one eye and below 0,2 in the other, or 0,7 in one with no vision in the other;
  • the absence of the thumb and forefinger or three fingers on one of the hands.

Let's outline acquisition procedure gas and firearms self-defense smoothbore weapons.

To obtain a license to purchase weapons, a citizen of the Russian Federation must submit the following documents to the internal affairs body at the place of residence:

  • application in the prescribed form;
  • a medical opinion on the absence of contraindications to the possession of weapons associated with visual impairment, mental illness, alcoholism and drug addiction;
  • a receipt for payment of a one-time fee;
  • two photos 3 x 4 with a corner;
  • passport or document confirming citizenship of the Russian Federation.

Upon receipt of the above documents, the internal affairs body, within a month, checks the accuracy of the information provided by the applicant. If during the verification process the circumstances listed in Art. 13 of the Federal Law "On Weapons", in which a license is not issued, then the applicant is given a written response signed by the head of the city or district department of internal affairs, indicating the article of the law. In the absence of such circumstances, the inspector of the licensing and permitting system issues a license indicating what type of weapon the applicant can acquire.

Acquired smooth-bore firearms for self-defense are subject to Registration. in the internal affairs body within 2 weeks from the date of its acquisition. Gas pistols and revolvers are registered by a trading company when selling these weapons in an open buyer's license. Aerosol devices are not subject to registration.

When registering an acquired firearm, a citizen is issued a permit for its storage and carrying for a period of five years. The period of validity of this permit is extended for another five years at the request of the owner of the weapon. An application for an extension is submitted three months before the expiration of the permit and is considered by the internal affairs authorities within a month from the date of its submission.

When changing the place of residence, the owner of a weapon is obliged to apply to the internal affairs body at the place of registration of the weapon with an application for deregistration. Upon arrival at a new place of residence, he must register his weapons with the internal affairs body.

A citizen of the Russian Federation has the right sell the weapon legally in his possession through an enterprise that has a license to sell weapons, having previously notified the internal affairs body that issued him a permit to store and carry weapons, or sell the weapon on his own after it is re-registered with the internal affairs body at the place where the weapon is registered. Donation и inheritance civilian weapons registered with the internal affairs bodies are produced in the manner determined by the legislation of the Russian Federation, if the heir or the person in whose favor the gift is made has a license to purchase civilian weapons.

In the event of the death of the owner of gas and firearms, before the issue of inheritance of property is resolved and a license for its acquisition is obtained, the specified weapon is immediately seized for safekeeping by the internal affairs bodies. A weapon that has become unsuitable for firing is removed from the register and can be handed over by its owner to the internal affairs body for destruction.

Transportation of weapons (if there is a permit for its storage and carrying) is carried out in a case and disassembled. In case of loss or theft of weapons, the owner is obliged to immediately report this to the internal affairs body.

Internal affairs bodies have the right to revoke a license to acquire weapons, as well as a permit to keep and carry weapons in the following cases:

  • voluntary renunciation of said licenses and permits;
  • death of the owner;
  • systematic (at least twice a year) violation of the requirements of the Federal Law of the Russian Federation "On Weapons" and other legal acts regulating the circulation of weapons;
  • the occurrence of circumstances provided for in the Federal Law of the Russian Federation "On Weapons" that exclude the possibility of obtaining licenses and permits;
  • constructive alteration by the owner of a civilian weapon and cartridges for it, resulting in a change in the ballistic and other technical characteristics of the said weapon and cartridges for it.

A decision to revoke a license or permit must be preceded by a written warning to the owner of the firearm. The warning indicates exactly which legal norms and rules have been violated or not complied with, and a period is set for the elimination of the violations committed. This decision may be appealed by the owner of the license or permit in court.

If a license or permit has been revoked, you can reapply for it five years after the date of revocation. In the case of a voluntary refusal of them, the deadlines for re-applying for their receipt are not established.

Gas weapons and firearms for self-defense and cartridges for them may be seized by the internal affairs authorities in cases of:

  • lack of a license to purchase them, as well as permission to store and carry weapons;
  • cancellation in accordance with the established procedure of the said licenses and permits;
  • violation by citizens of the rules established by the Federal Law of the Russian Federation "On Weapons" for the transfer, acquisition, storage, carrying, registration, transportation and use of weapons;
  • identification of home-made and owner-made copies of civilian weapons and cartridges for them;
  • death of the owner of the weapon until the issue of inheritance of property is resolved.

It must be remembered that the illegal acquisition, carrying and storage of self-defense weapons entails criminal liability in accordance with Russian law.

In conclusion, let's focus on terms and conditions of application gas and firearms self-defense smoothbore weapons. Citizens who have expressed a desire to purchase such weapons of self-defense must know and comply with the established requirements. Only then will they be able to apply it correctly and legally. These rules are divided into three groups.

1. Rules that must be observed until the acquisition of gas and firearms:

  • study the Federal Law of the Russian Federation "On Weapons", understand all its requirements and determine the possibility of obtaining licenses to purchase weapons from the internal affairs bodies;
  • learn how to practically use a weapon, observing all safety requirements when shooting;
  • study and understand the requirements of Art. 18 and 19 of the Code of Administrative Offenses, which regulate the actions of citizens in a state of emergency and necessary defense.

2. Rules to be observed when deciding to use gas and firearms in self-defense:

  • warn about the intention to use a weapon (by voice, demonstration of a weapon, firing a shot upwards);
  • provide sufficient time to fulfill the requirements of the defender, except in cases where delay in using the weapon creates an immediate danger to the life and health of the owner of the weapon, members of his family or property;
  • in situations where the use of weapons of self-defense is unavoidable, exercise restraint, act on the basis of the prevailing situation and the goal that must be achieved, minimizing the possibility of causing damage and bodily injury;
  • remember that it is forbidden to use self-defense firearms against women, persons with obvious signs of disability, minors, when their age is obvious or known, except in cases where these persons commit an armed or group attack;
  • remember that the use of weapons in a state of necessary defense should not cause harm to third parties;
  • it is forbidden to shoot from a gas weapon aiming at a distance closer than 1 m and it is not recommended to shoot against the wind.

3. Rules to be observed after firing a gas weapon and self-defense firearms:

  • provide first aid to the wounded and unconscious;
  • if the gas weapon was used indoors, open the windows and immediately leave it;
  • about each case of the use of a weapon that caused harm to human health, the owner of the weapon is obliged to immediately, but not later than XNUMX hours, report to the internal affairs body at the place of use of the weapon;
  • the weapon from which the shots were fired, which resulted in the injury of a person, is not wiped, is kept in such a state until the arrival of police officers and is handed over to them.

These are, in general terms, the classification of self-defense weapons and the basic requirements for the rules and procedures for acquiring and using them.

Conclusions

The right to self-defence is an inalienable right of any person. However, it is necessary to use it meaningfully, lawfully and adequately to the situation, clearly and clearly understanding the conditions, procedure and limits of one's actions both in a state of necessary defense and in case of emergency. This will help protect the defendant from possible misunderstandings with the law. In order to be internally ready to defend his honor, dignity and physical integrity, a person must have an idea of ​​the psychological and physical aspects of various situations of self-defense, the legal consequences of their actions. This will allow you to confidently use various means of self-defense for your own protection and for the protection of your loved ones.

However, knowledge of the psychological, physical and legal foundations of self-defense alone is not a guarantee of safety in extreme situations. Along with this, it is necessary to have an idea about modern technical means, as well as weapons that allow a person to protect his honor, dignity and physical integrity. The topic of self-defense affects the interests of all groups of the population, but it is the most significant for specialists in the field of life safety.

Authors: Gubanov V.M., Mikhailov L.A., Solomin V.P.

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