Responsibility for illegal possession of bladed weapons. What is the penalty for carrying a bladed weapon?

Edged weapons are products used to hit a target through the application of a certain physical force by a person. In this case, a prerequisite is the presence of direct contact with the target object. Products of this type can be piercing, crushing, slashing, cutting, etc. Thus, these include: finks, dirks, daggers, stilettos, saber checkers and other products intended to cause physical damage to a living target.

In the Criminal Code Russian Federation Punishment is provided for carrying, storing and selling bladed weapons. It should be understood that the article for carrying a bladed weapon provides for punishment only if the product was recognized as such as a result of a forensic examination. At the same time, there are a number of piercing, chopping, cutting and other objects that a priori do not fall under the definition of edged weapons, and examination of them is not carried out. Such items include garden, kitchen and pocket knives. About how not to get punished for illegal possession of bladed weapons, which means this concept, and what types of liability are provided for the offenses specified in Article 222 of the Criminal Code of the Russian Federation (on edged weapons) will be discussed in this article.

Melee weapons are characterized by the following features:

blade length is more than 9 centimeters;
blade thickness is more than 2.4 millimeters;
the angle of convergence of the butt and blade is not higher than 70 degrees;
blade roll no more than 0.9 centimeters;
minimum steel hardness 25 Rockwell;
penetration depth of at least 2 centimeters;
the presence of limiters for comfortable grip with the palm.

If a product found on a person has all of the above characteristics, he cannot be held accountable for illegally carrying a bladed weapon until experts confirm that it is indeed such.

Prohibited species

As it becomes clear from the above, there are a huge number of products that fall under the definition of edged weapons. At the same time, flails, brass knuckles, shurikens and boomerangs are completely prohibited. All of the listed products have an impact-crushing nature or are designed to be thrown, thus they pose an increased threat to society.

The article on edged weapons also states that specific social and service items that have characteristic features are prohibited.

These include:

piercing and cutting objects with blades longer than 90 millimeters;
blades and knives, the blades of which are pulled out from the handle by pressing a lever;
knives and blades, the blades of which extend from the handle due to acceleration or in accordance with the conditions of the laws of gravity.

A separate line considers products made in artisanal conditions. These can be various sharpenings, knives that are fashionable these days, made from diesel valves, brass knuckles cast from lead, etc.

Permitted species

According to the laws in force in our country, not every person has the right to purchase, store, carry and operate the items in question. Those wishing to acquire a product of this type must obtain a special document that allows them to store and transport a specific type of weapon. When purchasing a product of this type, the corresponding mark must be placed in the authorization document.

The permit does not give the right to carry such products with you anywhere. For example, it is strictly forbidden to attend any mass gatherings. social events with any type of weapon, including bladed weapons.

In some cases, obtaining permission to purchase, store and carry is not required. An example of such a situation is the purchase of a Cossack uniform or some traditional national costume.

Also Federal law number 150 states that items with the characteristics of edged weapons can be used in everyday life without the appropriate permit.

Such items should include:

Sports and tourist knives.
Cutters used for cutting meat and skinning animals.
Hunting equipment.
Decorative elements.

Of course, there are certain restrictions. You cannot walk around the city with a butchering cleaver and claim that it is needed for processing carcasses. The use of products of this type without appropriate permission is permissible in certain places or subject to certain conditions. It should also be added that decorative objects that have signs of edged weapons must be blunted.

Purchase rules

Adult citizens who have the appropriate permit issued by regulatory authorities have the right to purchase bladed weapons. It must be remembered that the permit is issued for a specific type of weapon. Thus, when purchasing, you need to ask the seller for an information sheet for the item being purchased. Using it, you can understand whether you have the right to purchase a product of this type or not.

To avoid problems with law enforcement agencies, when carrying bladed weapons, you must have the appropriate permit with you. As was said earlier, you cannot attend a number of events with edged weapons. Even with permission.

Types of punishment for the sale, acquisition, storage and carrying of bladed weapons

Punishment for illegal possession of bladed weapons, as well as for their sale, acquisition and carrying are provided for by the Criminal Code of the Russian Federation and the Code of Administrative Offenses.

According to the Criminal Code of the Russian Federation, bladed weapons, namely their circulation, use and production, are subject to the following types punishments:

compulsory work in the amount of up to 200 labor hours;
correctional labor for up to 2 years;
restriction of freedom for up to six months;
imprisonment for up to 2 years;
a fine of up to 80,000 rubles.

In some cases, penalties are summed up. For example, the manufacture of a weapon may involve its use, as well as the infliction of serious injury or even death.

For the acquisition, storage and carrying of edged weapons from among those permitted, it is not implied criminal punishment. This is an innovation for domestic criminal legislation. Previously, punishment was provided for such actions. What is the matter and are such provisions of the Criminal Code fair? This the right decision from the legislator.

The fact is that now in every store you can purchase an item that has signs of a bladed weapon, but the information sheet will say that it is a souvenir or a decorative item. Thus, there is a high chance that absolutely innocent people misled by sellers will be held criminally liable.

At the same time, the above does not mean that the acquisition, storage and carrying of bladed weapons, that is, actions contrary to the law, always remain unpunished. The Code of Administrative Offenses provides for a fine for actions of this kind, ranging from 500 to 2000 rubles. In addition, the product can be confiscated, checked to see if a crime was committed with its help, and destroyed. In simple words, carrying a bladed weapon with you can become a suspect in committing a crime. Of course, if the person is not involved, then everything will be fine, but he is guaranteed a few hours in the company of police officers.

Having decided to acquire edged weapons to achieve any goals, you must obtain the appropriate permission and enter it into the this document. Otherwise, problems with the law may arise.

What is the maximum penalty for carrying a bladed weapon? If we nevertheless allow the possibility of imposing a punishment for carrying a bladed weapon on the basis of Article 20.8 of the Code of Administrative Offenses of the Russian Federation, then the maximum possible measure of liability for an ordinary citizen will be the imposition of a fine in the amount of 500-2000 rubles. In addition, a decision by any official or body to impose such liability for carrying bladed weapons can be successfully appealed, since the norm does not provide for direct liability for such acts. Taking into account its wording, during a judicial hearing of a case, the authorized body will face serious problems in proving facts of violation of the rules for storing bladed weapons, since only for this can a punishment be imposed.

Illegal possession of bladed weapons is sanctioned according to the Criminal Code of the Russian Federation

N 92-FZ, dated November 24, 2014 N 370-FZ) (see text in the previous edition) 1. Illegal acquisition, transfer, sale, storage, transportation or carrying firearms, its main parts, ammunition (except for civilian smooth-bore long-barreled weapons, their main parts and cartridges for them, firearms limited damage, its main parts and cartridges for it) - (as amended by Federal Laws dated July 21, 2004 N 73-FZ, dated December 28, 2010 N 398-FZ, dated November 24, 2014 N 370-FZ) (see.

text in the previous edition) are punishable by restriction of liberty for a term of up to three years, or forced labor for a term of up to four years, or arrest for a term of up to six months, or imprisonment for a term of up to four years with a fine of up to eighty thousand rubles or in the amount wages or other income of the convicted person for a period of up to three months or without it. (edited)

Law on carrying bladed weapons

Attention

The acts provided for in parts one or two of this article, committed organized group, - shall be punishable by imprisonment for a term of five to eight years with a fine in the amount of one hundred thousand to two hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of one year to eighteen months, or without it. (as amended by Federal Laws dated June 25, 1998 N 92-FZ, dated November 24, 2014 N 370-FZ) (see text in the previous edition) ConsultantPlus: note. Part 4 art. 222 of the Criminal Code of the Russian Federation does not comply with the Constitution of the Russian Federation, as it maintains uncertainty in regulating the circulation of cold steel weapons cultural value(Resolution of the Constitutional Court of the Russian Federation dated June 17, 2014 N 18-P).

What is the responsibility for storing bladed weapons?

Turnover of certain types of bladed weapons:

Boomerangs, shurikens, brass knuckles, flails and other special devices with throwing and impact-crushing action. The exception is sports equipment.
Knives and bladed weapons, the blades of which are either automatically removed by pressing a lever or button from the handle and then fixed by them, or extended through the action of accelerated movement or gravity and secured if their length is more than 90 cm.

2. Storage and carrying of bladed and throwing weapons for sports purposes.

An exception is the use of bows and crossbows for the purpose of carrying out preventive and research work that involves the injection and immobilization of fauna objects. 3. Shipping. 4. Carrying of bladed weapons by citizens during public mass events.

Charged with possession and carrying of bladed weapons

Important

The presence of a certificate, by the way, does not guarantee that the blade will not be confiscated for examination. It’s a lottery here - they can let you go in peace, or they can draw up a report. Don't take it out of your wide trousers Worst option, if you buy a knife secondhand or in an online store and it turns out to be a bladed weapon.

Ignorance does not relieve criminal liability. After all, even without tightening the law, the purchase of cold water is an article. A sensational case: one Moscow pensioner through Constitutional Court managed to win the case and prove that she did not break the law by trying to sell antique daggers from the First World War that belonged to her grandfather. It took the woman many years and effort to prove she was right.
Many made the wrong conclusion that a precedent had been created and it was possible to sell edged weapons in Russia. In terms of trafficking in antique weapons, our laws have actually been relaxed a little.

What is the penalty for carrying a bladed weapon?

Violation of the rules for the production, sale, storage, destruction or accounting of weapons and ammunition for them, explosives and explosive devices, pyrotechnic products of classes IV and V, if these actions do not contain a criminal offense - (as amended by the Federal Law of June 29, 2015 N 192-FZ) entails the imposition of an administrative fine on officials in the amount of fifty thousand to one hundred thousand rubles; on legal entities- from three hundred thousand to five hundred thousand rubles. (Part 1 as amended by Federal Law No. 370-FZ of November 24, 2014) 2. Gross violation of licensing requirements and conditions of production, sale, storage or accounting of weapons and ammunition for them, if these actions do not contain a criminal offense - entails disqualification of officials for a period of six months to one year; administrative suspension of the activities of legal entities - for a period of ten to sixty days.3.

Knife from pocket

Permissive licenses are issued for a certain type of weapon, according to the buyer’s place of residence, by the licensing services of Russia. According to the law:

When purchasing any type of bladed weapon, you must ask the seller for a certificate indicating the type of device;
the certificate or sometimes called an “information sheet” indicates what specific type of bladed weapon the purchased item belongs to.

Punishments for illegal possession of weapons and provisions of the Criminal Law Two legislative bodies deal with issues of settling liability for all actions related to bladed weapons:

Criminal legislation of the Russian Federation.
Administrative legislation of the Russian Federation.

The correct distinction is established by law enforcement agencies.

Article for possession of bladed weapons

It should be noted that previously the illegal carrying of bladed weapons was criminally punishable, but the corresponding provision was excluded from the Criminal Code of the Russian Federation back in 2003. Carrying bladed weapons in the current state of criminal and administrative legislation is not considered an illegal act. In other words, the owner of such a weapon, in the absence of signs of any other violations, is not in danger.
Criminal liability in relation to bladed weapons is established only for actions related to their illegal sale and production. Carrying a bladed weapon does not constitute a crime, since the current version of the Criminal Code of the Russian Federation does not provide for any liability for this.

Article for possession of bladed weapons Ukraine

If bladed weapons are stored at home, they should be kept out of the reach of children, as well as any piercing, cutting or objects capable of causing injury.

17.03.2015

What is a “cold weapon” from a legal point of view? What kind of bladed weapon can an ordinary citizen purchase? What liability is provided by law for illegally carrying bladed weapons?

Your lawyer advises

Melee weapons are weapons designed to hit a target using human muscle power in direct contact with the target.

The Law “On Weapons” defines the concept of “edged weapons” as follows: “Edged weapons are weapons designed to hit a target using human muscle power in direct contact with the target” (Article 1 of the Law “On Weapons”).

Edged weapons include sabers, sabers, knives, daggers, Finnish knives, dirks, brass knuckles, stilettos and other objects specifically designed or adapted to hit a living target. They can be piercing, piercing-cutting, chopping, crushing, etc.

Weapons do not include products certified as products for household and industrial purposes (penknots, kitchen knives, shoe knives, garden knives, etc.) that are structurally similar to weapons (Article 1 of the Law “On Weapons”).

In a specific case, the issue of recognizing a particular item as a cold weapon can be resolved with the help of forensic examination.

What bladed weapons are citizens entitled to have?

Citizens who have permission to store and carry hunting firearms have the right to purchase hunting bladed weapons (Article 13 of the Law “On Weapons”).

When selling this weapon, the seller makes a corresponding entry in the citizen’s hunting (hunting membership) card, and the permit to carry this bladed weapon is a permit to carry a firearm.

Some citizens also have the right to purchase bladed weapons intended to be worn with a Cossack uniform, as well as with the national costumes of the peoples of the Russian Federation - these are sabers, sabers, knives and daggers (Article 3 of the Law “On Weapons”).

The attributes of national costumes are determined by the Government of the Russian Federation. A license is required to store and carry such weapons (Article 13 of the Law “On Weapons”).

Thus, if you are not a hunter, not a Cossack, and your national costume does not include a saber or dagger, you have no right to have or carry any bladed weapons.

What bladed weapons are prohibited?

On the territory of the Russian Federation, the circulation as civilian and service weapons of flails, brass knuckles, shurikens, boomerangs and other items specially adapted for use as weapons with impact, crushing and throwing action is prohibited (Article 6 of the Law “On Weapons”).

On the territory of the Russian Federation, circulation as civilian and service weapons is prohibited (Article 6 of the Law “On Weapons”):

cold bladed weapons and knives, the blades and blades of which, with a blade and blade length of more than 90 mm:
- or are automatically removed from the handle when you press a button or lever and are fixed by them,
- or are extended due to gravity or accelerated movement and are automatically locked.

Responsibility for illegal storage or carrying of bladed weapons

Before the advent of Federal Law No. 162-FZ of December 8, 2003, illegal carrying of bladed weapons was subject to criminal liability under Art. 222 part 4 of the Criminal Code of the Russian Federation.

Now, for violating the rules for storing or carrying knives, it is only possible to bring them to administrative liability in accordance with Part 2 of Article 20.8 of the Code of Administrative Offenses of the Russian Federation in the form of a fine in the amount of 500 to 2000 rubles with or without the confiscation of weapons for a fee.

Paid seizure means that the weapon will be seized and sold in the prescribed manner by the internal affairs bodies, and the proceeds minus the costs of sale will be returned to the former owner of the weapon.

About wearing cold weapons - new criminal in legislation

Federal Law No. 162-FZ of December 8, 2003 amended the Criminal Code of the Russian Federation, including in relation to crimes related to weapons. Before these changes were made, Part 4 of Article 222 of the Criminal Code of the Russian Federation also provided for criminal liability for the illegal carrying of bladed weapons:

“Illegal acquisition, sale or carrying of gas weapons, bladed weapons, including throwing weapons, with the exception of those areas where the carrying of bladed weapons is part of the national costume or is associated with hunting, is punishable by compulsory labor for a term of one hundred eighty to two hundred and forty hours, or correctional labor for a term of one to two years, or arrest for a term of three to six months, or imprisonment for a term of up to two years with a fine in the amount of up to two hundred times the minimum wage or in the amount of wages or other income convicted for a period of up to two months or without it,”

This is what Part 4 of Article 222 of the Criminal Code of the Russian Federation was before the amendments were made. Thus, for illegally carrying knives, one could get a prison term of up to 2 years.

"Illegal production of gas weapons, bladed weapons, including throwing weapons, -

shall be punished by compulsory labor for a term of one hundred eighty to two hundred and forty hours, or correctional labor for a term of one to two years, or arrest for a term of four to six months, or imprisonment for a term of up to two years.”

There are many controversial issues associated with the concept of “edged weapons”. The legislation provides a clear definition of this term, but citizens often confuse it with items intended for household needs. Let's take a closer look at what edged weapons are, who has the right to carry them, and what liability is provided for illegal storage and carrying.

Federal Law No. 150 regulates the manufacture, storage and use of any type of weapon, including cold steel. This law is designed to protect the life and health of citizens of the Russian Federation, as well as to prevent the illegitimate purchase and sale of weapons.

The definition of the term “edged weapon” is given in the above-mentioned law in the first article - it is an object that is intended to hit a living target using muscle force in contact with the victim of an attack.

Edged weapons include knives, checkers, daggers, brass knuckles, stilettos, etc. They come in different types- piercing, cutting, chopping. Things to remember:Objects for household and household needs are not considered edged weapons, despite their similar design - kitchen, garden, and pocket knives.

Melee weapons have the following characteristics:

blade length- more than 9 centimeters;
blade thickness- more than 0.24 centimeters;
contact angle between butt and blade- up to 70 degrees;
lateral bending deflection- 0.9 centimeters;
steel hardness— 25 rockwell minimum;
penetration depth- more than 2 centimeters;
There is a finger stop.

The permissible length of a knife blade according to the law for carrying on the street is less than 9 centimeters. If suspicions arise, the item can be taken for forensic examination, where they will give an accurate answer.

Carrying bladed weapons is legal

The following have the right to carry bladed weapons:

employees in the performance of official duties;
citizens engaged in hunting;
athletes;
retired military personnel who have the item as a trophy and have received permission to wear it;
persons for self-defense during transportation and transportation;
persons on cultural events(antique).

Documents are not always required to carry and use bladed weapons. A license to purchase this type of weapon is required if it is purchased for hunting or worn with the national costumes of the peoples of Russia and the uniform of the Cossacks. Persons who have the appropriate permit to carry firearms for hunting can buy edged weapons. A license is not required for sporting weapons. In other cases, carrying bladed weapons is prohibited.

Anyone wishing to use edged weapons for their own purposes must obtain a license. This rule does not apply to paramilitary organizations. The corresponding document is issued by the Department of Internal Affairs on the basis of. The validity period of the document is 5 years.

According to Article 20.8 of the Code of Administrative Offenses of the Russian Federation, violation of the rules for carrying edged weapons is subject to a fine of 500 to 2,000 rubles. Confiscation of the item is mandatory.

Storage rules

There are no special storage rules prescribed by law. However, storage of bladed weapons according to the Law “On Weapons” requires compliance with certain standards. First of all, use covers and store in a closed place. In any case, this is not considered an illegitimate action and, therefore, there is no punishment for possession of bladed weapons.

Knife making

The law on knives in Russia requires criminal liability for the illegal production of bladed weapons - knives, blades. According to Article 223 of the Criminal Code of the Russian Federation, a violation will entail:

compulsory work - up to 480 hours;
correctional labor - from 1 year to 2 years;
restriction of freedom - up to 2 years;
imprisonment - up to 2 years and a fine of 50,000 - 80,000 rubles or salary for 6 months before the incident.

A citizen who voluntarily surrenders a bladed weapon relieves himself of criminal liability.

Download the text of the law “On Weapons”

To better understand the Federal Law No. 150, you need to familiarize yourself with its current content. The latest version of Federal Law No. 150 “On Weapons” can be downloaded from. Cold steel is also regulated by this current law.

The law came into force on December 13, 1996 and contains 32 articles. Latest edition with all amendments and additions was published on July 29, 2017. Some of its provisions will come into force on October 1, 2017.

Latest changes

On July 29, 2017, adjustments were made to some articles of the law on weapons, including cold steel. Let's take a closer look at what has changed.

Article 5

The article talks about combat hand-held small arms and edged weapons. The change has happened at the end of part 1. TO this species weapons are related to military items designed to solve military and service tasks of the Department of Internal Affairs, the Russian Guard, intelligence activities, the Investigative Committee, to protect the population from various kinds dangers, etc. As well as military items in accordance with the law of the Russian Federation on military-technical mutual assistance with other states.

Article 16

The article talks about the manufacture of weapons and ammunition. Part 3 has been subject to adjustments. According to her, combat manual small arms produced for supplies to paramilitary government organizations and for exports abroad in connection with cooperation with foreign countries.

Article 17

The article talks about the import and export of weapons. Part 1 states that the import and export of items for military purposes in foreign trade is regulated by the law of the Russian Federation on cooperation with foreign countries. Other cases are regulated by the Government of the Russian Federation.

To part 3 an addition has been made. Import and export are carried out by legal entities-suppliers and state intermediary organizations in the case of foreign trade with foreign countries.

Part 5 will lose his legal force.

Some provisions of the above edition will enter into legal force on October 1, 2017. Let's take a closer look at the article.

Article 9

The article talks about obtaining a license to purchase, display and collect items for military purposes. Part 2 will be subject to changes. The license is issued federal service executive power in the field of arms trafficking or territorial bodies. To do this, the citizen submits an application. The validity period of the issued document is six months. The validity of a document received for display and collection has no time frame.

Article 13.1

The content of the article is to describe the procedure for control shooting from a civilian firearm with a rifled barrel. Point 2 of part 2 will be subject to changes. Weapons owned by organizations and enterprises are subject to control shooting. When extending storage and operation periods, it is carried out Once every 15 years. An exception is made for legal entities that produce exhibitions or collectibles.

Point 6 determines the inspection of weapons of citizens of the Russian Federation - once every 15 years.

Point 8 will lose legal force.

Article 23

The article talks about the state duty that is required to be paid for legal actions in the field of circulation of items for military purposes. The tax will be imposed in accordance with the Tax Code of the Russian Federation.