In order to prevent citizens from unauthorized use of traumatic weapons, special rules apply. They are established by applicable law. Responsibility for storing these weapons without an appropriate license also applies. Punishment can be implemented at the criminal or administrative level.
Laws for regulation
The rules for the use of traumatic weapons are controlled by state and municipal acts. Their list is as follows:
1. Government decision. In 2014, they allowed citizens to wield a pistol. And this law builds the basis for the presence of traumatic weapons in certain situations:
- shooting competitions;
- training
- self defense;
- hunting based on the required license.
2. The law of the Russian Federation “On weapons”. He was accepted back in 1996. In practice, there is no definition of a traumatic gun. For this, specific signs of this type of weapon are displayed:
- maximum energy when fired - 91 J;
- the use of traumatic weapons is allowed if there are appropriate cartridges in them (their maximum number in one pistol is 10);
- mission is only self-defense.
The designated acts divide all types of tools into categories, reflect their methods of their proper storage and use for ordinary citizens.
Punishment and Articles
The maintenance and use of traumatic weapons must be implemented in compliance with laws. Otherwise, the citizen is held accountable. Penalties are reflected in the following articles and paragraphs:
- The first part of Art. 222 of the Criminal Code. The measure for illegal operations with weapons. But after the introduction of the law, traumatic trafficking for use by ordinary people was removed from this part.
- An administrative measure is assigned to content without a license. This is article 20.8.
- Penalties for the illegal sale, storage, wearing and threat of use. The following works for the illegal use of traumatic weapons: 119 and 222 of the Russian Criminal Code. In complicated circumstances, the offender may be sent to prison.
About Responsibilities
The storage of this weapon without proper permission is the basis for the application of sanctions. Its owner may be subject to administrative and criminal liability. This is an innovation introduced in 2018.
Moreover, the degree of punishment is formed personally for each individual case.
Administrative measures
They, as a rule, imply the payment of fines by the violator. In some cases, he becomes the subject of administrative arrest.
For violation of the rules of wearing and using traumatic weapons, according to Art. 20.8, fines are imposed in the range of 500 - 2000 rubles. A similar punishment is applied for an irrelevant license and improper liquidation of the weapon itself and its cartridges.
If a physical person acquires a pistol without a license, then she can be fined 3000-5000 rubles. The following measures may also apply:
- Remove gun and ammunition free of charge.
- To deprive the right to subsequent storage and use of traumatic weapons. The duration of such a limitation varies from 6 months to 2 years.
If the offense is committed by an official, such as an employee of a private security company, then he can:
- Oblige to pay a fine of 5,000 to 15,000 rubles.
- Remove from this position and impose time restrictions on such work. Their range: 1-3 years.
If the offender is a legal entity, then fines are applied in the range from 100,000 to 500,000 rubles.
It may also be prohibited to engage in professional activities for a maximum of 2 months.
No arrest is provided for.
Criminal measures
They come into effect when a person has an unregistered injury (and other weapons).
According to the law of the Russian Federation, the use of traumatic weapons that do not have identification entails punishment:
- Fine up to 80,000 rubles.
- Forced community service.
- Arrest up to 6 months.
- Imprisonment for a maximum of 4 years.
So says art. 222 of the Criminal Code. Also, according to her, the freedom of a citizen for up to 3 years may be limited.
If a person stores this weapon carelessly, then he answers according to Art. 224 of the Criminal Code. Various penalties can be applied to him.
Obtaining a license. Algorithm
When you have exactly decided on the need for a traumatic weapon for yourself, then before you acquire it you will need to perform the following procedure:
- Learn the proper use of weapons. It is also important to know how to store it and in what cases to apply.
- Get permission to purchase.
- Get a medical examination. The certificates of such specialists as a narcologist and psychiatrist are of the greatest importance here. Their findings are valid for one year. And the commission itself should be held annually when you already become the owner of the weapon.
- Obtaining a license to use, maintain and bear injury.
- Buying a reliable storage for weapons.
About storage and carrying permission
If he is not there, but there is a weapon, then you commit criminal acts. After the first two stages indicated above it is required to get the specified permission.
It is issued by law enforcement agencies, or rather a department specializing in the issuance of such documents.
The citizen who bought the gun must obtain permission within 14 days from the date of its acquisition. This will require the following documentation:
- Application for permission.
- Copies of individual documentation.
- A pair of photos 3 x 4.
- Certificate of medical examination.
- Copy of permission to purchase weapons. It should have a store stamp on the transaction.
- Insurance contract. It is drawn up when buying a gun.
- Certificate of training on the proper wearing and use of traumatic weapons.
- Proof of repayment of state duty (receipt, check).
The police accept this package of documents and study the application. This takes a maximum of 10 days from the date of filing. The necessary checks are carried out on their authenticity. And in the absence of claims, they issue a permit and provide its owner with traumatic weapons.
If the police have any questions at the verification stage, and then the license is refused, you can file a lawsuit.
If you succeeded in obtaining permission, remember that the period of its activity is 5 years. Through this period, you need to go through the registration procedure again and provide a similar package of documents.
Often, a license is refused if the applicant does not have a reliable safe for this type of weapon at home. Therefore, resolve this issue in advance.
About the need for a license
The main tasks here are:
- Accounting for all weapons owners.
- Checking the health of all license applicants and their ability to use injury.
- Limit its mass illegal exploitation.
- Compliance with the rules for the use of traumatic weapons.
The last point is most important. After all, it concerns the owners of such pistols, which have mandatory licenses.
Following the rules
This is a necessity and a guarantee of order. At first glance, the picture is simple - do not break the law and do not create problems.
In 2018, we made some adjustments to the rules for using traumatic weapons; the new rules are as follows:
- It is forbidden to carry a gun in public places (stadiums, shopping malls, etc.). The exception applies to security personnel.
- Do not use weapons while being slightly intoxicated.
- You cannot own more than two weapons approved by the license.
- Do not modify the gun. Do not supplement it with various devices, such as a silencer and a night vision device.
- Weapons are stored only in a reliable insulated safe.
- Use the gun only in emergency situations.
Self-Defense Actions
This is the most interesting and subtle point. And the line between self-defense and crime is very thin.
The use of traumatic weapons for self-defense is provided by law. And in the event of an attack on you, first take a warning shot into the air. You can make verbal threats or just show a gun. If the aggressor calms down and abandons his intentions, the weapon can not be used. But it is activated if the warning measures did not affect him in any way.
In some situations, you do not have the opportunity to warn about the use of injury:
- The aggressor is already having a physical effect.
- He has a weapon against you.
These are extremely difficult cases, often ending in deaths. They can be prevented if you manage to avoid armed conflict.
Subtleties of the situation
In our country, any person who repelled an attack on himself with a traumatic gun (even if he has a license for it) is responsible before the law.
Criminal proceedings may also begin, especially if the attacker received various injuries.
If he died as a result of the injuries, then the case starts without fail.
Cases of the use of traumatic weapons should be urgent when there is a threat to your life.
Also remember that today your actions can fix surveillance cameras, mobile devices of eyewitnesses or the aggressors themselves. Do not forget about car DVRs.
This can play into your hands if you really were forced to use weapons.
Your main task is to stop the attack, not to eliminate the criminal. To do this, it is enough to injure.
Shots and distances
They are of great importance in the development of the situation. For example, if you hit the head of the attacker with a meter, most likely you will kill him. At a minimum, these are serious bodily injuries.
The areas of most vulnerabilities are shown in the diagram below. They are indicated by crosses.
The law on the use of traumatic weapons does not prohibit shots from a similar distance and the defeat of designated targets. Such prohibitions are prescribed on the packages with cartridges and in the document to the gun. Although they do not have legal force, their non-compliance may work against you.
In self-defense, it is desirable to hit the limbs of the aggressor with precision. If this is not possible, shoot randomly at the attacker 1-2 times. At the police, explain that they simply shot in his direction after he ignored the warnings.
According to the law, after this incident you must report it to the police. For this, you have 24 hours from the moment of the incident.
If you do not, the investigation may consider you a criminal. It is advisable to contact the police immediately after using the weapon. If necessary, provide assistance to the wounded.
You will also need to prove the legitimacy of using the gun and present the relevant evidence.
Your main task is not to become a suspect for law enforcement agencies.
Post-incident actions
To avoid the fate of the criminal, you need to take actions after using traumatic weapons:
- Remove as much as possible the place where the gun was used. You can take both photos and videos.
- Take a picture of all the cars standing nearby. The registration numbers should be clearly visible in the frame. In these cars video recorders can work.
- Find eyewitnesses. Ask them to stay in the incident area until the policeman arrives.
- Capture a camera (photo or video) of witnesses if they refuse to stay and testify.
- If possible, call all your friends and relatives and tell them about the incident. Ask two or three people to arrive at this place as soon as possible.
- If the attacker managed to escape, describe the police in detail his signs.
- If he is injured and has limited mobility, call an ambulance.
- In no case take the sleeves and weapons of the offender (if he had one).
If you comply with the law, call the police immediately after the incident. Then you will be taken to the department. There, correctly write a written explanation. Describe as much as possible all the nuances of the incident. Pay special attention to the reason for using weapons.
The explanation may take several sheets. Everyone should be numbered and have your signature below.
Indicate the total number of sheets. In no case do not sign the proposed documents without thoroughly studying them.
The attacker has the right to state his version of the incident and issue a similar explanation to the police. And according to him, you can be the instigator of the conflict.
In this process, you cannot do without a qualified lawyer. But you will have a serious chance to avoid a conclusion or a fine.