License for collecting weapons list of documents. How to get a weapons collector's license, why you need it

In this article I will try to briefly talk about ancient edged weapons(daggers, sabers, checkers, etc.), how the legislator regulates legal relations and how not to become involved in a case .

Let's turn to the interpretation of part 4 of the article itself « Illegal sales civilian..., gas weapons, edged weapons, including throwing weapons» . What do we have from this norm, i.e. possession and acquisition of bladed weapons is not prohibited by law, and here sales in any form(donation, sale and any alienation) has signs of this crime. The very concept of edged weapons is given in paragraph. 4, paragraph 1, art. 1 Federal Law “On Weapons”, and clause 36.1 ch. 7 Order of the Ministry of Internal Affairs of Russia dated June 30, 2017 No. 429 indicates the mandatory features that a weapon must have, but if at least one of the indicated signs is absent, then this item is not a bladed weapon.

In this article I write specifically about ancient antique edged weapons- which has cultural value (paragraph 19) or is an antique weapon (paragraph 20) - these two definitions are different and Art. will help us with this again. 1 Federal Law “On Weapons”, let’s first look at the first one:

weapons of cultural value are weapons included in the Museum Fund of the Russian Federation in accordance with the Federal Law of May 26, 1996 N 54-FZ “On the Museum Fund Russian Federation and museums in the Russian Federation" or subject, in accordance with the decision of the federal executive body authorized by the Government of the Russian Federation, toLaw Russian Federation dated April 15, 1993 N 4804-1 “On export and import cultural values», including ancient (antique) weapons;

It follows from this norm that the item must be registered in the Museum Fund or brought to Russia by customs declaration(there must be a purchase and sale agreement and permission from the Museum Fund, since upon import, this item automatically becomes a cultural value).

And second:

ancient (antique) weapons - firearms, throwing and air gun, manufactured before the end of 1899 (except firearms, manufactured for firing cartridges), and also edged weapons, manufactured before the end of 1945

here, in case of sale, it is advisable to carry out an examination of cultural property, otherwise problems may arise and catalogs on bladed weapons will not help. As an example:

There is a copy of a dagger from the 1930s, according to forensic experts, made around the 1990s with a sharpened blade, indicating all the signs of Order of the Ministry of Internal Affairs No. 429, and here the situation turns out to be twofold: on the one hand, sale is prohibited, it may fall under the article, and on the other, in accordance with para. 6, paragraph 1, art. 6 Federal Law “On Weapons”: …. with the exception of weapons of cultural value, including ancient (antique) weapons, copies of ancient (antique) weapons And replicas of ancient (antique) weapons; - You can sell copies and replicas. And it is quite possible that in order to initiate a case, the investigator will argue that the weapon is cold and is not a replica or a copy. Here I would like to note that if copies and replicas are made in a factory, then there must be a Passport or Instructions or at least a sales receipt (or another document, the more the better), but if in a homemade way, then the situation may become more complicated.

The point is clear. It is better to have two examinations of cultural value and from criminologists for the presence of signs.

Further, the right to purchase for collecting purposes requires a license (paragraph 4, article 13 of the Federal Law “On Weapons”). In cases of lack of a license, the penalty is an administrative fine. Carrying out activities not related to profit-making without special permission (license)"(there is more, but it concerns firearms and explosives).

Let's summarize:

Before selling a bladed item, to protect yourself, the first thing you need to do is conduct an examination for signs of edged weapons, if in doubt(an official letter to the Ministry of Internal Affairs and we submit our item for inspection according to the acceptance certificate, but after inspection there is a risk of the item being confiscated). If signs have been established, then we do the following: examination of cultural property. In the first case, you can do it for free, then in the second you will have to pay And After the procedure, you will need to register the antique edged weapon with the Museum Fund as having cultural value. If you clearly have a dagger or saber from the 19th century, then it’s better to do the opposite, first to determine the cultural value, and then with with your expertise, submit it to criminologists at the Ministry of Internal Affairs, I like this method better and it will be safer. IN cover letter be sure to indicate: Do I have the right to sell, what is needed for this and how to formalize the transaction with the buyer, this is so that no problems arise during the sale, that is, you will have an official document for the sale of weapons. The sale must be subject to an agreement, just like the purchase.

The buyer must have a license to purchase, in case of absence faces an administrative fine And there is a risk of the item being confiscated as illegally purchased.

P.S. It will be interesting to read more Resolution No. 18-P dated June 17, 2014 Constitutional Court RF, which solved the problem of having a collision. And it took a resident of St. Petersburg 7 years to have her sentence overturned.

To obtain a collecting license civilian weapons, cold, artistically designed weapons, copies and replicas antique weapons, as well as other weapons permitted for collecting, citizens of the Russian Federation submit at their place of residence to the internal affairs body:
statement;
document proving the identity and citizenship of the Russian Federation;

When collecting firearms and other numbered weapons, the applicant must additionally submit a list of license plates of existing weapons, and if he intends to include award weapons in the collection (assembly) being formed, indicate its details. The list is accompanied by original licenses and permits.

When obtaining a license to purchase weapons for collecting purposes, a citizen of the Russian Federation submits an application to the internal affairs body at his place of residence indicating the existing conditions for ensuring the safety of weapons and information about the issued license for collecting them.

Civilian bladed weapons, as well as replicas and copies of antique weapons, are purchased by citizens of the Russian Federation, taking into account the requirements of Art. 13 Federal Law“06 weapons” upon presentation of a license to collect them.

To obtain licenses or permits to replace lost ones, their owners submit to the internal affairs bodies that previously issued these documents:
applications for the relevant license or permit;
explanations indicating the circumstances of the incident;
materials of the inspection carried out at the direction of the manager legal entity;
copies of orders of the head of a legal entity (division) to bring the perpetrators to justice;
receipts for payment of established one-time fees.

The procedure for receiving and reviewing documents when processing and issuing permits for the import of weapons and ammunition into the Russian Federation and their export from the Russian Federation.

Owners of weapons and ammunition for their transportation across the territory of the Russian Federation receive from the internal affairs bodies, at the place of registration of the received transportation permit, a permit to transport weapons and ammunition.

Citizens of the Russian Federation, in order to obtain licenses for exhibiting registered collections of weapons and cartridges, submit to the internal affairs bodies at their place of residence:
statement;
copies of passports of citizens of the Russian Federation or other documents proving the identity and citizenship of the Russian Federation, which, after comparison with the originals, are certified in the prescribed manner;
two photographs measuring 3x4 cm;
a list of registration numbers of existing weapons or a license and: collecting weapons and ammunition.

Citizens of the Russian Federation, in order to obtain permission to transport more than 5 units of weapons and 400 pieces of ammunition belonging to them, respectively, submit to the internal affairs body at the place where weapons are registered an application and information about weapons and ammunition, the transport used and the route of movement, as well as the persons involved for security.

The validity period of the transportation permit is established based on the actual time required to deliver weapons and ammunition to their destination, taking into account combined transportation, but not more than one month.

Permits for transportation of purchased weapons and ammunition are stamped:

“Valid upon presentation of a duplicate license to purchase
“___” ______ ____ year series ___ number ______.”

Where does simple gun ownership end and collecting begin? How to legally document the presence of murder weapons in the house? These are not idle questions, considering that ignorance of them entails liability, including criminal liability.

Since ancient times it has been admired and feared. Many collected huge collections of weapons, passing them on from generation to generation. Currently, interest in all kinds of weapons does not wane; weapons are still purchased, collected and exhibited. But now collectors may face a number of difficulties associated with updating weapons legislation.

In 1996, on December 13, the Federal Law “On Weapons” was adopted, which secured for individuals and legal entities the right to collect and exhibit weapons, a list of weapons permitted for collecting and exhibiting, and some restrictions on engaging in such activities. The rules for collecting and exhibiting weapons are established by regulations of the Government of the Russian Federation.

According to the Decree of the Government of the Russian Federation dated July 21, 1998 (Chapter 8, paragraph 30), on the territory of the Russian Federation, the collection and storage of firearms, pneumatic, gas, signal, cold and other weapons and cartridges by legal entities and individuals for the formation of cultural and historical collections (meetings ) in scientific, information and educational purposes carried out on the basis of licenses issued by internal affairs bodies in the manner established by the Ministry of Internal Affairs of the Russian Federation in agreement with the Ministry of Culture of the Russian Federation.

The collection can be ancient weapons, acquired for the purpose of collecting by a legal entity, as well as a citizen of the Russian Federation, exceeding the amount established by Art. 13 of the Federal Law “On Weapons” (five units). In addition, upon application of a citizen, weapons in his possession may be recognized as a collection, not exceeding the number established by Art. 13 of the Federal Law “On Weapons”.

Collectors should pay attention special attention in the law for an exhaustive list of weapons that are allowed to be purchased for collecting purposes. This:
weapons not prohibited for circulation on the territory of the Russian Federation;
firearms, cold steel and other weapons removed from the arsenal of state paramilitary organizations;
cartridges for the specified weapon.

According to Federal Law, collectible weapons and ammunition may include:
weapons recognized as material evidence in criminal cases, including homemade, illegally converted or prohibited for circulation on the territory of the Russian Federation, after the completion of the consideration of cases in judicial procedure;
weapon foreign production, which is not civil or official;
weapons manufactured in a pilot batch or imported into the territory of the Russian Federation and which have not passed certification tests;
weapons used only in the training process, from which it is impossible to fire a shot without special repair work (training weapons);
a weapon designed to simulate a shot from it with special imitation cartridges, the possibility of using other types of cartridges in which without carrying out special repair work is excluded (drained weapons);
copies of weapons made from originals or drawings of weapons that have been discontinued, provided that their design and artistic design are accurately reproduced without the use of genuine parts, as well as replicas of weapons that have author’s changes in appearance and artistic decoration;
cartridges for the weapons specified in this paragraph, including test, model, blank and training cartridges.

The collection and storage of weapons and ammunition intended for production or educational process, cut samples of weapons and cartridges, the restoration of which is technically impossible, cartridges with a drilled case without gunpowder and with a punctured primer; models of weapons (products structurally similar to weapons, reproducing the design of weapons and simulating their action), products structurally similar to weapons that are not models of weapons; dummies of weapons and cartridges (products similar in appearance with weapons and cartridges, the design of which does not allow their use as weapons and cartridges).

This means that these models can be collected and stored, but they are not included in the concept of “collecting weapons”; a license is not required to collect and store them.

Persons awarded weapons may include award weapons in their collections, but only after obtaining permission to store and carry these weapons from the internal affairs bodies.

According to paragraph 40 of Chapter 8 of the Government Decree of July 21, 1998. Legal entities and individuals are prohibited from: collecting weapons and ammunition without obtaining the appropriate license; collecting types, types and models of weapons and ammunition not provided for by the collecting license.

Many collectors, having huge collections of all kinds of weapons, do not always look into the law, do not know their rights and, of course, responsibility for violating the rules of collecting. So, the main limitation when collecting weapons is the availability of a license to engage in this activity.

Licenses for collecting or exhibiting are issued by internal affairs bodies based on an application from a citizen of the Russian Federation. The validity period of licenses for collecting or exhibiting is three years from the date of issue.

An application for a license is considered by the specified authorities within one month from the date of its submission. The application shall indicate information about the types of weapons planned for collection or exhibition, and the measures taken to ensure their registration and safety. The applicant is also required to submit the constituent and registration documents of the legal entity or identification documents of the citizen.

The validity period of licenses for collecting or exhibiting weapons may be extended by five years upon application by the holder of the relevant license. An application to extend the validity period of these licenses is submitted three months before their expiration.

In case of refusal to issue a license or extend its validity, the internal affairs bodies are obliged to inform the applicant in writing about this, indicating the motivated reasons. Refusal to issue a license or extend its validity period, or violation of the terms for consideration of the application, can be appealed by the applicant in court (Article 9 of the Federal Law “On Weapons”).

Grounds for refusal to issue a license or extend its validity period may be: failure by the applicant to submit necessary information or providing them with incorrect information, failure to provide conditions for accounting and safety of weapons, or failure to provide these conditions.

In addition, I consider it necessary to pay special attention to liability for violation of the collection order. Illegal collecting, i.e. collecting without required license, may face punishment under Art. 222 of the Criminal Code of the Russian Federation, for “ Illegal possession and collection of weapons and their main parts.” This act is punishable in accordance with the Criminal Code of the Russian Federation by restriction of freedom for a term of two to four years, or by arrest for a term of up to 6 months, or by imprisonment for a term of two to four years with a fine in the amount of 200 to 500 times the minimum wage or in the amount wages or other income of the convicted person for a period of two to five months or without it.

It is also necessary to focus on antique weapons, which have a high cost and are the personal property of citizens. When exchanging, donating or transferring such weapons from collection to collection, they are formalized in the general manner with the only limitation - the parties must have appropriate licenses for the sale or purchase of weapons, which are issued by the internal affairs bodies at the place of residence.

According to the Order of the Ministry of Internal Affairs dated April 12, 1999. To obtain a license to collect civilian weapons, edged weapons, artistic weapons, copies and replicas of antique weapons, as well as other weapons permitted for collecting, citizens of the Russian Federation submit the following documents at their place of residence to the internal affairs body:
a) statement;
b) a document proving the identity and citizenship of the Russian Federation;
c) two photographs measuring 3 x 4 cm.

When collecting firearms and other numbered weapons, the applicant must additionally submit a list of the registration number of the existing weapon, and if he intends to include an award weapon in the collection (assembly) being formed, indicate its details. The list is accompanied by original licenses and permits.

In accordance with this Order, control over the collection and display of weapons and ammunition is carried out by employees of internal affairs bodies together with representatives of specially authorized bodies for the preservation of cultural property, taking into account compliance with the requirements for ensuring the confidentiality of information about weapons and their owners.

Inspections of organizations and individuals, engaged in exhibiting weapons and ammunition, are also carried out before the start of each exhibition organized by them and upon its completion.

sale of collectible firearms