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Expert report
Moscow
2012
FROM obsession
Chapter 1.
.................... 66 Chapter 7.
The issue of reforming the legislation and weapons associated with this process of
structural change in recent years has become urgent for society and for the state. Russia is
entering a new phase of development, which implies a close interaction between citizens,
public organizations and government bodies.
Since the last significant legislative changes relating to security of the person, the rights
of citizens, regulation of civilian weapons trafficking has been more than 15 years. At the
same time, all the more acute becomes the problem of personal safety, which provides for
close cooperation between civil society and the institutions of the legislative, executive and
judicial power.
The traditional concept of national security includes the triad "personality - society -
state", whose elements are closely interconnected. The authors aim to conduct a
comprehensive study of the most important factors determining the level of security of
citizens of modern Russia: the safety of society as a whole, legal as protected, the rate of
violent crime, the state licensing system. It is taken into consideration the position of civil
society and non-governmental organizations as the spokesmen for the interests as broad
social layers and specialized communities. The report takes into account the extensive
international experience of reforming the weapons law.
Expert report is aimed at a wide audience and includes setting the major problems
existing in the field of weapons, a description of the current situation on the legal, economic
and social issues weapon industry, and a number of proposals to reform the system
approaches to the implementation of the security of Russian citizens.
Expert report: "On the question of the reform of Russian weapons legislation" 1
D lava 1. P ROBLEM security society
and civilian weapons
For the main can be transferred to the category of developed countries, economic and
social indicators of Russia. The level of gross domestic product per capita in Eastern Europe
averages 11 thousand. Dollars 1, in the Russian Federation, this figure is equal to 16.6
thousand. 2 dollars. Russia, like most other European countries, has a high Human
Development Index 3. However, in ensuring the safety of citizens, we significantly lag behind,
even coming from countries in the former Soviet Union.
Expert report: "On the question of the reform of Russian weapons legislation" 3
Chapter 1: The security problem of society and civilian weapons
The average level of criminal homicide in Eastern Europe amounted to 7 victims in 2010
for every 100 thousand. Residents 4, in Russia this figure was for the same period is 13 killed 5. That
is the level of crime, quality of law enforcement and national security of Russia is in last
place of the European rankings. In spite of the great similarity in the remaining positions,
according to this indicator, we have significantly worse data than other European countries.
The high level of crime is not only a reputational problem undermining the investment
attractiveness of the country and the prospects for development in other areas, but also
mates with the violation of the foundations of the constitutional guarantees and priority tasks
of the state policy to protect the rights, interests, life and health of its citizens.
Russia has in the past decade, a number of significant successes, against which the
situation in the sphere of social security seems particularly egregious. Life expectancy in
Russia over the last every four years has increased by 2.4 years and more than 70 years 6. Overcome
negative demographic trend of population decline. In this emigration from Russia was
reduced compared to the crisis of the late 90s more than 6 times. Russia is confidently
moving up in the rankings of the most powerful economies in the world, ahead of the pace of
economic growth in developed countries. The real level of revenue from 2000 to 2011 (ie,
revenues less accumulated inflation in 10 years - 275%) increased by 2.6 times, pay - in 3
times, pensions - by 3.5 times. The mortality rate from suicide in 2011 fell to 1.82 times, the
infant mortality rate in relation to 2000 - more than double the number of deaths in road
accidents decreased by 1.79 times, the overall mortality rate was reduced by 16%. The
natural decline in population has decreased 8.7 times.
4 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 1: The security problem of society and civilian weapons
Year after year, reduced the level of violent crime in Russia. . The number of murders,
rising in 2002 to its historic high of 31 sacrifice for every 100 thousand inhabitants, was
reduced in 2011 by 3 times - up to 11.5 murders per year, which is lower than even the
Soviet performance, increasing from 12.4 murders in 1989 year 7 to 15.2 in 1991 8. However,
this level is still disproportionately high in comparison with international and regional indices.
This poses the problem of finding means to reinforce the positive changes in this area, just
as the implementing national health system modernization projects, agriculture and the road
network.
That is why today is so important to raise the issue of the fundamentals of the Russian
system of law and order, to discuss possible ways to reform and explore the world, historical
and regional experience on this issue.
7 http://www.parliament.uk/commons/lib/research/rp99/rp99-056.pdf
8 http://www.parliament.uk/commons/lib/research/rp99/rp99-056.pdf
Expert report: "On the question of the reform of Russian weapons legislation" 5
Chapter 1: The security problem of society and civilian weapons
The general direction of reforms in the sphere of law and order is set by the Russian
leadership. So, Vladimir Vladimirovich. Putin said: "No country in the world can not ensure the
security of its citizens" 10, and Dmitry Anatolyevich Medvedev noted that "freedom is better than
non-freedom" eleven. In this context it is particularly important to a rethinking of fundamental
approaches to the Russian rule of law and the designation of the horizons of possible
improvements in this area.
Currently, the state is almost completely took over the security functions without using
the potential of civil society organizations and law-abiding citizens with active citizenship.
This situation can be seen as a legacy of the previous historical periods: before the
Revolution, citizens are actively involved and have successfully interacted with public
authorities in ensuring public order and safety, it suffices to recall the phenomenon of the
Cossacks and the practice of widespread legal possession of firearms, including snub.
However, with the construction of Russia's ideological system power state actually displaced
from this sphere of civil society.
The lack of effective restraining experience demonstrated by the fact that the Soviet
Union was among the world leaders in terms of murders per capita, surpassing the leading
European countries in this indicator is 12 times 12. In the period significantly more liberal
regulation of the sphere of personal possession of weapons and the existence of legal civil
transactions barreled rifle in the Russian Empire period 1902-1914's murder rate was twice
as low as the Soviet level and stood at 6-7 kills per year for every 100 thousand people 13. As
of 2011 this index in Russia dropped below the level of the Soviet pe-
10 http://www.pravda.ru/news/politics/02-09-2005/61093-0/
eleven http://www.utro.ru/articles/2012/04/24/1042664.shtml
mer% 20USSR / Russia% 20and% 20the% 20European% 20nations% 20of% 20the% 20former% 20USSR% 20 5-2010.XLS
6 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 1: The security problem of society and civilian weapons
IRS and was 11.5 victims per year to 100 thousand. man 14, however, it remains significantly
higher than in developed countries.
In Russia, there have been fundamental socio-economic and political changes in the
country formed a legal democratic society, but security still remain significant elements of the
heritage of the past inefficient state system. The situation is gradually changing with the
adoption of the law "On Weapons" in 1996 for citizens secured ownership of long-barreled
smooth-bore firearms for self-defense, developing the market of private security services and
restricted firearms destruction, but these measures are non-systemic and piecemeal.
Security companies are denied the right of gun ownership - they have to rent it in the police,
the weapon "limited destruction" for self-defense is drastically different performance of the
weapons used by the underworld, and civil defense cases themselves often end with
criminal sanctions against the defenders. That ordinary citizens will inevitably encounter a
violent crime, and their behavior and willingness to provide resistance affect the dynamics of
crime in the country.
The urgency of changing conceptual approaches in the field of security and law and
order in the country illustrates the fact that the Russian Federation is a country with one of
the highest homicide rates per capita among developed countries. Law enforcement officers
killed in Russia every year by almost two times more than the police in the United States. 15 This
clearly describes the need to review the current approaches to the maintenance of security
and order.
Many states of the former Warsaw Pact, on the path of democratization and building a
law-based society, in the beginning of their reforms have re-evaluated the existing legal
framework and security included in the sphere of civil society, including by giving the public
the right to possess a short-rifled firearm self-defense weapon. In the Czech Republic,
Bulgaria, Georgia, Romania, united germanium
14 http://www.gks.ru/bgd/free/B12_00/IssWWW.exe/Stg/dk01/7-0.htm
15 http://www.selfd.ru/52/
Expert report: "On the question of the reform of Russian weapons legislation" 7
Chapter 1: The security problem of society and civilian weapons
NII, the Baltic republics, Moldova, have revised their approach to security, violent crime was
significantly lower than in Russia.
The key point in the expansion of civil society involvement in security and law
enforcement may be a further extension of the rights of citizens to own guns and included in
the number of such opportunities licensed civil turnover short-rifled firearms. The significance
of these changes clearly illustrates the world and Russian practice. The experience of the
civil armed self-defense in the United States, where citizens have a broad right of legitimate
self-defense, shows that 80% of these cases use short arms.
In the context of sustainable growth in the number of weapons held by the public (8
- 18% 17 per year) is observed gradual reduction of violent crime: the number of robberies in
the last 5 years has decreased by 1.5 times 18, the number of murders in 2002 dropped by
almost 3 times. Thus, the increase in the number of legal weapons does not provoke an
increase in crime. However, the level of violent crime remains unacceptably high in the
country.
One way to improve the crime situation is to increase the number of legally armed
civilians, are permanently involved in the process of maintaining law and order in the
country, which by their presence increases the likelihood of effective resistance to violent
crime. The owners of legal weapons are traditionally one of the most law-abiding groups in
connection with
8 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 1: The security problem of society and civilian weapons
additional legal liability. The likelihood of antisocial behavior among the owners of legal
weapons are among the lowest of all groups. It's a global pattern, for example, licensed gun
owners in Texas in 7.6 times less likely to linger for violations of public order than the
ordinary citizens of this state 19.
The country has a high level of development of weapons of culture, as evidenced by the
world's largest military reserve numbering about 20 million people 21.
Among the main suppliers of arms to criminal world of legal owners of civilian weapons
are not registered. The overwhelming majority of illegal small arms in circulation comes from
the army and law enforcement agencies. In more than 50% of the domestic weapon in
criminal turnover falls by the fault of officials whose work is connected with the weapon. In
17% of cases of illegal weapons in circulation comes from places of armed conflict, in 14% of
cases of theft occur at the stage of production of weapons, in 5% of cases the criminal
arsenal replenished "black" archeology 22.
Taking into account the error of taking into account, it should nevertheless be noted that
the trend of illegal arms market directly affect the quality and quantity of armed crime, while
the expansion of the legal trade in arms leads to the opposite result. Number armed crimes
decreases inversely in Russian
19 http://concealedguns.procon.org/sourcefiles/sturdevant.pdf
Expert report: "On the question of the reform of Russian weapons legislation" 9
Chapter 1: The security problem of society and civilian weapons
proportion to the increase in the number of sales of legal weapons in the country 23.
These statistical laws indicate that the civil society in Russia is ready to further expand
the new powers of the state of cooperation with them and transfer to a personal
responsibility to maintain law and order and security in Russia. The potential of public private
partnership in this area is not fully disclosed.
As part of the development of responsible armed citizen paradigm there are a number of
possible legislative changes. This may be the introduction in Russia of "civil detention"
mechanisms, the creation of municipal and regional police level, accountable local
governance, legislative strengthening of self-defense doctrine, "My house - my fortress",
guaranteed by the law to protect private property and self-defense, the possibility of criminal
cases related to these problems, by a jury, the extension of civil rights to the weapon, in
particular, the introduction of licensed civil circulation short-rifled firearms Foot weapons.
Such mechanisms involve the wider community in the maintenance of security and rule of
law in Russia will improve the effectiveness of law enforcement,
Securing these changes at the constitutional level would be a significant step that
demonstrates the final change approaches to ensure public safety and reflect the role and
responsibility of citizens in these processes. The importance of this step is increasing, given
that some of the possibilities in the field of self-defense of the population is, but in public
opinion continues to dominate passive paternalistic approach to this problem - too many
years, the government disapproved of the people engaged in active self-defense against
crime.
The new concept of personal responsibility in public policy Russia is already being
implemented: popularize entrepreneurial initiative, promoted labor mobility, personal choice
of pension funds, educational priorities, medical facilities, etc. Russia's accession to the
WTO requires qualitative growth of business activity, developing in conditions of personal
liability protection and additional security guarantees The private
23 http://rusrand.ru/text/Monogr_orujie.pdf
10 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 1: The security problem of society and civilian weapons
Noah ownership. As part of this approach, consolidating quite naturally change the security
paradigm and the rule of law, greater involvement of the citizens themselves, the
consolidation of positive trends in the practice of civil defense, which already exist.
At the moment, more than 6 million. Civilian weapons owners in Russia. Civil defense
weapon today is divided into fire smooth-bore long-barreled weapons, firearms restricted
lesion, gas guns, electroshock devices.
Art. 37 and 39 of the Criminal Code allow citizens to use any weapon in self-defense
except as "clearly not appropriate to the nature and degree of danger and the circumstances
under which the danger was eliminated, when said interests were harmed equal or more
significant than averted." The ambiguity of this formulation retains significant potential for
abuse and miscarriages of justice that confuses citizens and promotes their active
involvement in the process of direct protection of the rule of law and active help in this matter
to law enforcement. Reduce these risks even without changing the wording of legislative
consolidation can guarantee the consideration of such cases with the application of a party
by a jury.
However, an even more systemic problem existing in the Russian legal practice is a
legal exception to the civil turnover short-rifled firearms for self-defense. Tolerated to firearm
limited lesion has an upper limit of 91 J muzzle energy. Meanwhile, for reliable stopping
effect effort required application 100 joules per 10 kilograms body weight. Although in
practice combating crime have been instances when these indicators were not enough. Law
enforcement agencies are constantly improving their weaponry and equipment for adequate
responses to crime, but in respect of weapons to civilians in the Russian practice is
reversed, discriminatory practices reduce the effectiveness of weapons,
It should also be noted that the practice of artificial weakening of self-defense weapon is
not practical in the context of the legal sta-
Expert report: "On the question of the reform of Russian weapons legislation" eleven
Chapter 1: The security problem of society and civilian weapons
Tusa civilian possession of long guns, which is ten times superior to their muzzle energy
guns. The probability of death during firing of long-barreled shotguns, which is widely used
for self-defense, is more than 80%, whereas the hit probability pistol lethal lesion is reduced
to 10%. For the purposes of the process of humanization of self-defense requires the
legalization of short-rifle as the best self-defense weapon. A significant problem that
characterizes the imperfection of the existing legal regime of weapons, is the fact that OOOP
not an optimal weapon in terms of ballistic tests and the identification weapon is fired 24 whereas
the use of rifled firearms allows for the disclosure of cases of application due
sledoobrazovaniya on bullets and cartridge cases.
Consideration as a weapon of self-defense gas and electro samples reveals their lack of
effectiveness. These categories of weapons may not be suitable for home defense, family or
property in case of an armed group or criminal aggression. This weapon has a limitation on
the application taking into account the weather and climatic conditions.
Edged weapons in the Russian legislation is not seen as self-defense weapon, but as
hunting weapons, collectibles and wearing the traditional costumes of the Cossacks and the
indigenous peoples of Russia.
Long-barreled weapons, although it has plenty of power and allowed for use in
self-defense, but it is not optimal to use - wearing it for self-defense is prohibited, and
transported or stored at home involves considerable technical difficulties, if necessary, the
operational application.
Recent resonant cases of armed self-defense of citizens (family defense against armed
criminals Gegham Sargsyan in the Tula region, civil defense from the whole gang of
criminals village Sagra) show that the society is able to actively defend themselves against
crime, but to consolidate this positive trend are necessary backbone legislative changes and
adjustment directions public security policy.
24 http://www.shooting-ua.com/zakon/zakon_23.htm
12 Expert report: "On the question of the reform of Russian weapons legislation"
D lava 2. Mr. aSilStVennaya Crime
and The protection from it R RUSSIA
Official statistics GIAC Russian Interior Ministry and the Judicial Department under the
Russian Federation Supreme Court shows a decrease in the level of violent crime Russia.
Keep in mind that the decline in violent crime dynamics observed on the background of the
stability of its core criminogenic factors: alcohol consumption (8.8 liters per capita according
to the World Health Organization) and income inequality (Gini coefficient 25 equal to 0.423).
Under such circumstances, the question of the extent of criminal violence requires a more
detailed analysis.
Russian Interior Ministry and the Judicial Department under the Supreme Court of the
Russian Federation informed about the reduction of absolute values of index of violent
crimes (Table 1). The maximum number of killings were reported in 2001, causing grievous
bodily harm - in 2002, rape and robbery - in 2005, robberies - in 2006. The period of growth
of criminal violence was replaced by stable dynamics of crime reduction.
In 2010 alone, the number of murders and attempted murders fell by 12%, rape - by
9.1%, robberies - by 18.4%, robberies - by 20%.
Table 1
dynamics of the index of violent crimes
(1990 - 2010 years) 26
1990 1995 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
Zaregistrirova- but
crimes (thous.) Total 2755.7 2952.4 2968.3 1839.5 2526.3 2756.4 2893.8 3554.7 3855.4 3582.5 3209.9 2994.8 2628.8
including:
25 Under Gini coefficient (Gini index) within the context of this study refers to
a statistical measure indicating the degree of stratification of the Russian society in terms of annual revenue. In criminology
Gini coefficient is used to determine the effect of economic factors on the dynamics and the structure of crime. Close to the
Russian indices Gini index was registered in Nicaragua (0.431), Nigeria (0.437) and Turkey (0,436).
26 The statistical data GIAC MIA Russia // Official site of the MIA of Russia //
http://www.mvd.ru/presscenter/statistics/reports/
Expert report: "On the question of the reform of Russian weapons legislation" 13
Chapter 2. Violent crime and the protection of it in Russia
1990 1995 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
murder and murder pokushe-
Research Institute 15.6 31.7 31.8 33.6 32.3 31.6 31.6 30.8 27.5 22.2 20.1 17.7 15.53
robbery 140.6 132.4 148.8 83.3 167.3 198.0 251.4 344.4 357.3 295.1 244.0 205.4 164.5
robbery 16.5 37.7 39.4 44.8 47.1 48.7 55.4 63.7 59.8 45.3 35.4 30.1 24.5
Considering the above, it is necessary to take measures not only to improve the work of
law enforcement bodies, the organization of systematic work on the prevention of crime, but
also by civil society included in the fight against crime in the form of assistance to law
enforcement agencies, and in the form of expansion of citizens' rights to self-defense,
including including armed self-defense.
The dynamics of armed crime in the period from 1997 to 2010 was responsible the
general trends of development of the Russian crime. It was observed decrease in the level of
armed violence in the 1995-1996 year, and its rapid growth in 1997, stagnation (1997-1998.)
Followed by a steady decline in crime (1998-2001.).
14 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 2. Violent crime and the protection of it in Russia
Against the background of rapidly changing quantitative transformed the structure and
orientation of the armed crime:
- reduced the absolute numbers of murders and causing serious
injury, but increased their share in the structure of the armed crime. In particular, the
percentage kills increased from 17% to 22%, while their volume is reduced by 73%.
Grievous bodily harm in the structure of the armed criminality was 16.4% in 1997,
and in 2009 - 19% on a decline in the number of registered crimes by 78.7%;
The data obtained allow us to conclude: the leading trend in the development of the
armed criminality is a slight decrease selfish and violent crime and crimes against public
security against the backdrop of increasing the proportion of serious violent attacks (murder
and causing grievous bodily harm).
Russian experience in empowering citizens on the weapon tells us to reduce the level of
armed crime after the entry into force of the Federal Law of 13.12.1996 number 150-FZ "On
weapons", according to which the civil circulation of weapons has been added self-defense
weapon. According to statistics, the present period is the most favorable for extending the list
of civil arms (see. Figure).
Expert report: "On the question of the reform of Russian weapons legislation" 15
Chapter 2. Violent crime and the protection of it in Russia
Diagram
Volume and dynamics of armed crime in Russia
(1997 - 2009 gg.)
45000
40000
35000
30000
25000
20000
15000
10000
5000
1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009
armed crime
Thus, we see a consistent pattern between the expansion of the rights of citizens on the
weapons and the reduction of armed crime.
The scientific and practical interest is the percentage of armed crimes in Russian crime
structure (Table 2).
table 2
the proportion of armed crimes in the total number zaregistriro-
bathrooms crimes
Between 1991 and 2005, the amount of armed crime in the structure of criminal violence
did not exceed 1%. The minimum level of crime was recorded in the 1991 - 1992 year he
was replaced by a sharp rise in armed violence in 1993 (233%). Since 2003, there has been
a gradual decline in the share of military crimes against the background of decline of
registered crime on the main index numbers.
16 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 2. Violent crime and the protection of it in Russia
Based on the above introduction into civil turnover of short-rifled firearms in Russia it is
imperative to meet the requirements of modern society. Moreover, in the present state of
violent crime prevention firearms short arms will be an effective means of protecting persons
and property against criminal offenses and to change the balance of power in society in favor
of the law-abiding citizens.
Despite official information on reducing crime, fear of crime to population increases. This
is confirmed by a poll conducted by VTsIOM in 2008 and 2009. In the ranking of the main
threats to the national second place are crime, alcoholism, drug abuse and degradation of
the population (11%). Our country threatened by terrorism (6%), poverty (6%), low level of
public life (6%), corruption, theft, bureaucracy (6%) and unemployment (6%). Compared to
last year crime threat has increased from 3% to 11% 27 indicating that the increased requests
of citizens in the sphere of security.
In 2009, the Fund "Public Opinion" carried out the study population position on the level
of human security and law enforcement. According to 51% of the respondents, life in Russia
is more dangerous than it was 5 - 6 years ago. Moreover, concerns about crime situation
occupies a significant place in the hierarchy of fears and anxieties of Russians (63%) - this
problem is only slightly less important to them than the problem of poverty, low standard of
living (76%), as well as alcoholism and drug addiction (70%) and more important than a
number of other issues, including the state of public infrastructure, social inequality, etc. The
regions with a very large proportion of concern about the criminalization of a society
interviewees attributed Moscow (80%), Moscow (78%), Sverdlovsk (77%) and Astrakhan
(75%) of the region, 28.
A very high proportion of respondents who experience fear as to the marginal social
groups that are associated with danger to
27 Russian Public Opinion Research Center
//http://wciom.ru/arkhiv/tematicheskii-arkhiv/socialnye-problemy/problemnyi-fon.html
28 http://bd.fom.ru/pdf/d30vyp10.pdf
Expert report: "On the question of the reform of Russian weapons legislation" 17
Chapter 2. Violent crime and the protection of it in Russia
others (by drug addicts and repeat offenders to homeless people and illegal immigrants),
and to various criminals "specialization". In some cases, this fear seems quite exaggerated.
And although the situation is different in different regions, the whole Russian society is
concerned about the increase in crime.
In 2010 godu public perception of crime is not significantly changed: 33% evaluated
crime rate as high as an average 35% and 21% as low. At the same time there was a
decrease of public confidence in law enforcement agencies. According to 39% of the
respondents, the local authorities are doing nothing to reduce crime.
It can not help but disturb the trend of rapid decline in the prestige of law enforcement. In
44 regions of Russia, revealed a preponderance of negative judgments on the Police of the
positive. 12% of respondents believe that the police do their job as excellent or good, 36% -
satisfactory, 30% - bad or very bad.
Taking into account the performance of the Russian Interior Ministry and the Investigative Committee
of the Russian Federation on the disclosure and investigation of crimes, cast estimates do not appear to
TABLE 3
The state of crime and the effectiveness of the
law enforcement
Year Registered applications, Decisions to initiate Specific gravity of the Registered crimes The number of reported
messages and other criminal proceedings considered (thou. Pers.) victims (thou. Pers.)
information on accidents applications (%)
In 2008, only the bodies of internal affairs was issued 5,317,087 decisions on refusal to
initiate criminal proceedings. This is by 6.2% more than in the previous 2007, the number of
excited criminal cases decreased by 12.0%. In 2009, the Russian Ministry of Internal Affairs
was issued 5,640,693
18 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 2. Violent crime and the protection of it in Russia
the decision not to institute criminal proceedings. This is 6.1% more than in the previous
year, while the number of excited criminal cases dropped by another 7.1%. In 2010, there
were already issued 6,030,001 decisions on refusal to initiate criminal proceedings. This is
three times more than in the same period a ruling on a criminal case.
The low level of detection and investigation of crimes evidenced by the dynamics of
solved crimes. Since 2003, the absolute values of the detected crimes declining amid rising
declared and reducing recorded crime. If solving crimes accounted for 9.5% of the declared,
in 2010, this figure did not exceed 6% in 2006.
According to the summary report on Russia on the review reports and information about
crime (FA 713) in 2011 it was issued 32 796 decisions on refusal to initiate criminal
proceedings in cases of murder. According to independent experts, suspicious and
questionable cases, contrary to the findings of the investigation, they accounted for 9%.
Thus, there is reason to recognize the illegal 2530 decision not to institute criminal
proceedings.
The number of convicted to imprisonment for a fixed 326.6 312.4 316.1 303.3 273 8
term
Expert report: "On the question of the reform of Russian weapons legislation" 19
Chapter 2. Violent crime and the protection of it in Russia
Taking into account the fact that in recent years the number of registered crimes
decreased in Russia, it can be assumed that the reduction of identified and solved crimes is
due to a decrease in the level of criminal activity. But if we analyze the dynamics of the
reports of crimes, the number of which is constantly growing, it seems more likely the
following conclusion: the above figures do not show a decline of crime, and a decrease in the
activity of law enforcement officers in identifying crime and those committing them.
Thus, we see not only the lack of effective and systematic work on the prevention of
crime and the protection of citizens' interests, but also the lack of effectiveness of the work on
the disclosure of the crimes committed.
In modern conditions of particular significance Institute of Civil self-identity. Its formation
is associated with the adoption of the Constitution, for the first time enshrined the provision
stating that "everyone has the right to defend their rights and freedoms, and in a state of
emergency. In this state, as in necessary defense, a person commits an act that looks
similar to the offense, but the law recognized as lawful. Such action is in the public interest,
as are aimed at protecting the individual, his rights and freedoms, public and state interests
from the threatening danger to them "(v. 2, ch. 45 of the Constitution).
We have to admit that the Russian people are not aware of the possibilities of legal
protection of their rights and freedoms. The right to self-defense is rarely used by citizens or
even extremely rare.
Among the reasons for non-use of legitimate violence are called ignorance of the right of
self-defense (15.5%); ignorance of the rules of conduct in a state of self-defense (23.4%);
fear of occurrence of undesirable effects of legal violence (53%); a well-known citizen of the
negative experience of the onset of such effects for the defender (13.6%).
20 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 2. Violent crime and the protection of it in Russia
The whole of the study helped identify two factors that hinder the use of the right of
self-defense:
1. ignorance of the potential subjects of Criminal Defense legislative
ments with regard to the regulation of the limits of necessary defense, emergency and arrest
of the perpetrator (70% of respondents believed that the fight against crime by harming only
law enforcement can) and, as a consequence, fear of adverse consequences of criminal law;
In answering the question, whether previously had to exercise their right to self-defense,
yes voted less than 14% of respondents.
Among the reasons for non-use of violence in the reflection of a socially dangerous
encroachment of respondents said: ignorance of the legal basis and limits of legality of harm
(33%); fear of possible criminal liability for exceeding the limits of necessary defense (28%);
reluctance to prove the legitimacy of their actions in law enforcement (fear of red tape)
(21%); uncertainty in their own abilities in the implementation of defense (19%); no
infringement cases in practice requiring self-protection (16%). In general, the survey showed
that the population suffer from fear of the justice system more than the hands of criminals.
Low efficiency of the law enforcement bodies on prevention of crime makes people seek
a means of self-defense.
Expert report: "On the question of the reform of Russian weapons legislation" 21
Chapter 2. Violent crime and the protection of it in Russia
Analysis of motivational factors and dynamics of changes in public opinion from 2008 to
2010 (according to the Fund "Public opinion") suggests a static list of the arguments of
supporters and opponents of the legalization of weapons in Russia.
At a time when the state is unable to ensure the safety of life, health and safety of
property of citizens, sharply raises the question of self-protection of their interests through
the use of self-defense weapons.
Necessary addition to the list of permitted to trade in arms is a fire-barreled rifles, which
serves as an effective means of preventing attacks during the timeliness and adequacy of
defensive action. Preventive potential has the actual firing of weapons, its display or scoring
warning shots and awareness potential criminal fact possible presence of weapons in the
selected victim.
22 Expert report: "On the question of the reform of Russian weapons legislation"
D lava 3. P raVoVoe ensuring protection of citizens
and property
The legal basis for civil arms trafficking in the Russian form:
- constitution I the Russian Federation of December 12, 1993 thirty;
trol over the circulation of civilian and service weapons and ammunition on the territory of the
Russian Federation, approved by Order of the Ministry of Internal Affairs of Russia on April 12,
1999 № 288 "On measures to implement the Resolution of the Russian Federation on July 21,
civilian and service weapons and ammunition on the territory of the Russian Federation "(ed. by December 23, 2011)," Rules of
turnover of civil and service weapons and ammunition on the territory of the Russian Federation "," Regulation on jurisdiction
and the publication of the State Cadastre of civil and service weapons and ammunition "// SZ the Russian Federation. 1998. №
32, Art. 3878.
35 RF Interior Ministry Order dated April 12, 1999 № 288 "On measures to implement Government Regulation
Expert report: "On the question of the reform of Russian weapons legislation" 23
Chapter 3. Legal security of citizens and property protection
The limits of criminal liability armed assault and conditions of the legitimacy of armed defense
defined in the Criminal Code of the Russian Federation on June 13, 1996 (hereinafter - the
Criminal Code) 36.
In accordance with the Law on Police, monitoring compliance with the Russian
legislation in the field of arms trafficking is one of the main areas of police work. On it have
the following responsibilities:
- to execute the decisions of the court (judge) of the compensated seizure or konfiska-
tion of weapons and ammunition (items 14, 20 - 23 Article 12 of the Law.); give citizens and
Watching Art. 9 and 9.1 of the Weapons Act, a license for the purchase of civilian and
service weapons; a license to operate on the arms trade, and the main parts of
firearms and ammunition; a license to operate on the display and (or) the collecting of
weapons, basic parts of firearms and ammunition; permission to keep and carry civil
and service weapons, to keep and bear arms premium on transportation, import into
the Russian Federation and export from the Russian Federation said arms and
cartridges to it; permission to store and use or possession and carrying of the
individual types and models of fighting manual small arms and service arms, resulting
in the temporary use of the police;
Russian Federation of July 21, 1998 № 814 "(ed. By May 16, 2009). Registered in the RF Ministry of Justice on June
24, 1999 № 1814 // Bulletin of normative acts of federal executive bodies. 1999, number 32.
36 Russian Federation Criminal Code on June 13, 1996 № 63-FZ (ed. By 7 December 2011, with
rev. and ext., enters into force on January 6, 2012). Original text of the document published: NW. 1996. № 25. Art. 2954. In
this paper we use: [electronic resource]. Official portal of legal information [web site].
24 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 3. Legal security of citizens and property protection
schegosya temporary use of the citizens and organizations, as well as respect for
individuals and organizations in the field of trafficking in weapons of the Arms;
produce control shooting weapon with a rifled barrel;
- carried out in the prescribed manner the reception, storage and unichtozhe-
of the withdrawn voluntarily handed and found fire, gas, cold and other weapons,
ammunition cartridges to the weapon; periodic
- checks 37 private security guards and rabotni-
Cove juridical persons with special authorized tasks on suitability to actions in the
conditions associated with the use of firearms and special equipment.
To perform police duties assigned to them, they shall have the following competences:
- carried out in the manner prescribed by Art. 27.7 and 27.9 of the Administrative Code, lich-
37 Order of the Ministry of Internal Affairs of the Russian Federation on July 15, 2005 № 568 "On the order of law-enforcement bodies
Russian Federation, periodic checks of private security guards and employees of legal persons with special authorized
tasks on suitability to actions in the conditions associated with the use of firearms and special means "(ed. By August 22,
2011). Registered in the Ministry of Justice on August 17, 2005 № 6911 // Bulletin of normative acts of federal executive
bodies. 2005, № 34.
Expert report: "On the question of the reform of Russian weapons legislation" 25
Chapter 3. Legal security of citizens and property protection
Preparations persons to examine the rules of safe gun handling and acquisition of
safe gun handling skills; establish the procedure for testing the knowledge of the
rules of safe weapon handling and the availability of safe gun handling skills in the
organizations defined by the Government of the Russian Federation, and to
participate in the verification of knowledge and skills in these organizations; conduct
inspections of places of storage and the use of special funds in the private security
organizations; the results of checks issued to the citizens and officials binding orders
to eliminate violations of the rules of arms trafficking, ammunition, ammunition for
weapons and special means; withdraw in cases stipulated by the Russian legislation,
weapons, ammunition, ammunition for weapons, basic parts and special tools; limit in
the Russian Federation established procedure activities related facilities, and to apply
other measures provided by the Law on Weapons; inspect storage places of special
means and firearms
-
weapons; check private security guards and employees of legal persons with special
authorized tasks on suitability to actions in the conditions associated with the use of
firearms and special equipment; to issue binding orders to eliminate violations of the
rules of private detective (detective) and security activities;
26 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 3. Legal security of citizens and property protection
A police officer has the right to use firearms personally or as part of units (groups) in the
cases and manner prescribed by the legislation of the Russian Federation.
The right to use firearms by police officers attached to the article. 18 of the Police Act.
This provision allows a police officer in the case of self-defense, emergency or during the
arrest of the perpetrator, in the absence of his firearms, use any means available, as well as
on the grounds and in the manner established by the Law on Police, apply otherwise made
up police armed with guns. police officer abuse of authority in the application of a firearm
punishable under the article. 108 of the Criminal Code (murder committed by exceeding the
limits of necessary defense or in excess of measures necessary to apprehend the
perpetrator), Art. 114 Criminal Code (causing grave or medium-gravity damage to health by
exceeding the limits of necessary defense or in excess of measures necessary to apprehend
the perpetrator) and Art. 286 of the Criminal Code (abuse of power) of the Criminal Code. A
police officer can not be held responsible for damage caused to individuals and
organizations in the use of firearms, if its application is made in the manner and on the
grounds by the federal legislation.
In particular, a police officer in front of a firearm is obliged to inform the persons against
whom it is supposed to use, that he is a police officer, to warn them of his intention and give
them the opportunity and time to carry out the lawful demands of a police officer. In the case
of the use of firearms in the composition unit (group of) above warning makes one of the
police officers in this unit (group).
However, a police officer has the right not to warn about their intent to use firearms, if a
delay in its application poses an imminent threat to life and health of a citizen or
Expert report: "On the question of the reform of Russian weapons legislation" 27
Chapter 3. Legal security of citizens and property protection
police officer, or may cause other serious consequences. A police officer with the use of
firearms act, taking into account the created situation, the nature and severity of actions of
persons against whom the firearm, the nature and force of resistance exerted by them. In
this case, the police officer must strive to minimize any damage.
Exhaustive list of circumstances under which firearms officer may use police provided in
Art. 23 of the Police Act.
For example, a police officer has the right to personally or as part of units (groups) to use
firearms or service firearms restricted lesions in the following cases:
1. for the protection of other persons or themselves from assault, if this assault or
present signs of grave or especially grave crimes against life, health or property, and
are trying to hide, if other means to detain that person is not possible; to detain
persons offering armed resistance and
5.
also the person who refuses to comply with lawful requirements for the surrender of
weapons are at it, ammunition, explosives, explosives, poisonous or radioactive
substances; to repel a group or armed attack
6. 38 buildings, po-
displacements, structures and other objects of state and municipal bodies, public
associations, organizations and citizens; to prevent the escape from detention
7. podozreva-
28 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 3. Legal security of citizens and property protection
them-governing person refuses to comply with repeated requests by the police officer
to stop and tries to escape, endangering the life and health of citizens;
hampering penetration of residential and other premises on the grounds under Art. 15
of the Police Act that regulates the order entry (penetration) into residential and other
premises on land and territory;
A police officer has the right to apply service firearms restricted lesions in cases of:
Melting escape;
3. release of forcibly detained individuals captured zda-
depleting traffic, the work of communication and organizations. Police officers are
prohibited to use firearms with a shot to defeat against women, persons with obvious signs
of disability, minors when their age is obvious
Expert report: "On the question of the reform of Russian weapons legislation" 29
Chapter 3. Legal security of citizens and property protection
or known to the police officer. The exception is the provision of the said persons armed
resistance or make armed or group attack, threatening the life and health or police officer.
A police officer is not empowered to use firearms when in masses of citizens, if the
result of this application may suffer random person.
In order to ensure the personal safety of an armed police officer, according to Art. 24 of
the Police Act, he is entitled to:
1. expose the firearm and bring it into readiness, if
the present situation can be grounds for his application, provided the analyzed above
article. 23 of the Police Act;
a police officer with the naked gun, closer to a police officer, while reducing the above
it away or touch his firearms to protect another person or themselves from assault, if
that infringement is associated with violence dangerous to life or health, or to prevent
attempt to seize a firearm, police vehicle, special and military equipment, consisting
in service (maintenance) police.
1. self-defense weapon:
- Fire smooth long arms with ammunition
to it, including with cartridges of traumatic action; firearm limited damage (gun revol-
-
ver, firearms tubeless device domestic production) with traumatic cartridges,
cartridges gas action and action of light and audible cartridges;
thirty Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 3. Legal security of citizens and property protection
us to him, mechanical sprays, aerosol and other devices, curb teargas or irritating
substances approved for use in the Russian Federation;
According to Art. 24 of the Arms Act, citizens can use their existing lawful weapons for
the protection of life, health and property in the state of necessary defense or extreme
necessity. The use of weapons must be preceded by a clearly expressed warning person,
against whom the action, except in cases when a delay in the use of weapons creates an
immediate danger to human life or can lead to other serious consequences. In this case, the
use of weapons in a state of self-defense should not cause harm to third parties.
Expert report: "On the question of the reform of Russian weapons legislation" 31
Chapter 3. Legal security of citizens and property protection
It is forbidden to use firearms against women, persons with obvious signs of disability,
minors when their age is obvious or known, except in the case of committing the said
persons armed or group attack. For each case, the use of weapons that has caused harm to
human health, the owner of the weapon must immediately, but not later than the day to
inform the bodies of internal affairs at the place of engagement.
Owning a weapon is prohibited to have him with them, participating in public events,
except for certain categories of persons (citizens involved in activities associated with
wearing the national costume, athletes directly involved in sporting activities with the use of
sporting arms, face, ensuring the rule of law).
Owner of fire self-defense weapon is prohibited to send it to the person, even if it is not
loaded, or in the direction of people, animals, buildings and structures except in self-defense,
exercise carrying, transportation and use of weapons and ammunition Equipment intoxicated
(alcohol, drugs and other), under the influence of drugs, endangering the safety of the owner
of weapons and the people around him.
Holder gas weapon is forbidden to use gas guns at a distance of less than one meter
from the muzzle to the destruction of the object, as in this case solid particles of the projectile
can cause harm to the attacker's health, as well as produce shots headwind and inside the
closed space is limited (in room, elevator, car, etc.).
The Resolution of the Plenum of the Supreme Court on March 12, 2002 №5 «On judicial
practice in cases of theft, extortion and trafficking in firearms, ammunition, explosives and
explosive devices" (in red. On February 6, 2007) 39 It notes that in cases of violations of rules
of trade in arms and ammunition should be borne in mind that the illegal actions of
individuals can simultaneously contain the constituent elements of both an administrative
offense or a crime, and therefore it is necessary to delimit the types of owners' liability
32 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 3. Legal security of citizens and property protection
weapons. In the cases where the person admitted an administrative offense (eg, violation of
rules of storage or carrying of weapons and ammunition, their sales, untimely registration
and re-registration of weapons, etc.) also contains elements of a criminal offense, the person
may be subject only to the administrative responsibility.
The Code of Administrative Offenses violation of the rules of arms trafficking are
dedicated to art. 14.1 "Carrying out an entrepreneurial activity without state registration or
without a special permit," 14.2 "The illegal sale of goods (other things), free sale of which is
prohibited or restricted", 14.3 "Violation of the law on advertising," 8.37 "Violation of the rules
for use of fauna objects and rules harvest (catch) of aquatic biological resources and other
rules governing the implementation of the industrial fishery, coastal fishery and other
fisheries, "19.20" implementation of activities not related to the extraction of profit, without a
special permit (license) ", 20.8" Violation of the rules of production, sale, storage and
accounting of weapons and ammunition, the issuance of certificate of participation in the
preparation and verification of knowledge of the rules of safe weapon handling and the
availability of safe handling skills with weapons or medical opinions about the absence of
contraindications to possession of weapons ", 20.9" Installation on a civil or office weapon
device for noiseless shooting or sight (sighting system) night vision "20.10" Illegal
manufacture, sale or transfer of the pneumatic weapon, "20.11" Violation of the terms of
registration (re-registration) The setting of deadlines or weapons and on account of "20.12"
Forward weapons, violation of transport regulations, transport or use of weapons and
ammunition, "20.13" Shooting a gun in not designated areas ", 20.14" Violation of weapons
certification rules and ammunition " 20.15 "Selling mechanical sprayers, 40.
Expert report: "On the question of the reform of Russian weapons legislation" 33
Chapter 3. Legal security of citizens and property protection
arms. Criminal liability for such assaults is provided in Art. 222 "Illegal purchase,
transfer, selling, storage, transportation or carrying of the weapon, its basic parts,
ammunition, explosives and explosive devices" 41
Via the legality of the use of firearms. In particular, a person may be held liable for the
commission of a murder committed when exceeding limits of necessary defense or in
excess of measures necessary to apprehend the perpetrator (art. 108 of the Criminal
Code) or for causing grave or medium-gravity damage to health by excess of non-
withdrawal of the instrument or subject of an administrative offense. There was a tendency to change the sanctions for
administrative violations in the sphere of arms trafficking in the direction of tightening them - increases the size of the
administrative penalties applies the practice of deprivation of the right to acquire and keep and bear arms and the
widespread use of confiscation as an additional punishment for such acts. The latter aspect is characterized, for example,
Art. 20.10, ch. 1 tbsp. 20.11, ch. 3 v. And Article 20.12.
storage, transportation or carrying of firearms restricted lesion, its main parts and ammunition. Since 2004, not be subject to
criminal liability persons who have committed the same actions with civil shotguns. Moreover, h. 4 of the same criminal law
introduced criminal liability for illegal sale of civilian firearms smoothbore long-barrel weapons, firearms restricted lesions.
42 The h. 1 tbsp. 223 toughen sanctions for the illegal manufacture or repair of firearms,
its main parts (except for firearms limited lesions), as well as illegal manufacture of ammunition, explosives or explosive
devices. These illegal activities are now punishable by imprisonment for a term from three to five years (penalty varied in the
previous version of two to four years) with a fine of from one hundred thousand to two hundred thousand. In hr. 4 tbsp. 223 of
the Criminal Code, a new foundation of the prosecution - the illegal manufacture, alteration or repair of firearms restricted
lesion, illegal manufacture, alteration or ammunition equipment for firearms restricted lesions or gas weapon. In the reduced
sanctions criminal law established a new penalty of imprisonment for up to two years.
34 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 3. Legal security of citizens and property protection
elements of a crime, for example, Art. 212 "Riots" and Art. 213 "Hooliganism";
. Stvennosti, etc. In this case, we can talk about these kinds of attacks, in which the
sign of the use of weapons serves as an aggravating circumstance (Article 105
"Murder",. 111 "Deliberate causing of serious harm to health," 126 "Abduction" 127.1
"Human Trafficking" , 127.2 "The use of slave labor," 162 "Robbery", 163 "Extortion";
211 "hijacking an aircraft or water transport or railway rolling stock" of "piracy", 227);
conjugate violence. dangerous to life and health of citizens, in
5.
part of a stable armed group. Included in this group tend to be art. 209 "banditry" and
Art. 210 "Organization of a criminal community (criminal organization) or participation
in it (her)"; Linked to the violation of the rules for handling weapons and predme-
6.
Tami in connection with their professional activities, namely: Art. 349 "Violation of the
rules for handling weapons and objects of increased danger to others." Judicial practice
shows that in recent years, crimes against the person, property, public safety and public
order are increasingly committed with the use of various weapons. In most cases involving
weapons offenses committed in complicity (ie stable armed groups) are associated with
violence dangerous to life and health of the victim. Illegal arms traffic often conjugate with
the killing (Art. 105 CC RF) or gang (Art. 209 CC RF) 43. Unacceptable at this juncture seems
impossible to the law enforcer to prove the involvement of a person to commit an act, and
the presence of his actions constitute a crime 44.
43 See., Eg .: Resolution of the Presidium of the Supreme Court on October 12, 2005 // number 406p05
Bulletin of the Supreme Court. 2006, № 4.
44 The ruling of the Criminal Division of the Supreme Court of
Expert report: "On the question of the reform of Russian weapons legislation" 35
Chapter 3. Legal security of citizens and property protection
There are gaps in the application of norms of the Criminal Code, providing for liability for
damage in case of exceeding the limits of necessary defense or emergency measures
necessary for detention of a person. Today in judicial and investigative practice of massive
cases of acquired qualification of actions in a state of self-defense with the so-called margin
of safety. The vast majority of criminal cases related to the conviction under Art. 108 and 114
of the Criminal Code were the result of re-qualification actions of Articles 105 and 111 of the
Criminal Code. You should also carefully examine the application of Article Statistics. 107
and 113 of the Criminal Code, because it is often in the protected person in an attack
actually occurs affective state by virtue of surprise attacks,
Following the logic of the legislator, for the recognition of the use of weapons sufficient
reason to cause death or grievous bodily harm to the attacker has no legal value, could the
defender to escape, to seek help from a third party or to take other measures to prevent
attacks. Selective analysis of criminal cases showed that only 55% of the attacker causing
death or grievous bodily harm in protecting against socially dangerous encroachment health
recognized as lawful. In 28% of cases, these actions were qualified as exceeding the limits
of necessary defense, and 17% - rated as ordinary violence to life and health of the person
(Article 105, 111 of the Criminal Code.). Characteristically, that the judicial and investigative
authorities are much more likely to recognize the state of self-defense in case of actual use
of weapons (73% of cases of legitimate defense) than its demonstrations (27%). This is due
not so much to an underestimation of the public
May 23, 2005 № 15-o05-7SP appeal the prosecutor on the abolition of acquittal is dismissed // Bulletin of the Supreme Court.
2006. № 8.
36 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 3. Legal security of citizens and property protection
In order to establish the fact of abuse appropriate to make additions to the explanatory
Ch. 8 of the Criminal Code by establishing criteria for the presence of errors in criminal
defenses. In particular, it is logical to provide a new standard as follows:
SRI necessary defense or extreme necessity, or shall detain the person who
committed the crime, but the circumstances of the case should not or could not be
aware of the absence of the circumstances precluding criminality, his actions are
measured, respectively, by the rules of art. 37, 38 and 39 of the Code.
do with the absence of criminal defenses, it is subject to liability for damage through
negligence. "
But first you need to change the current trend in law enforcement, according to which
often appears before the court does not infringe the person and the person who caused the
damage, and protects the attacker.
Expert report: "On the question of the reform of Russian weapons legislation" 37
D lava 4. l itsenzionno-permit system
According to Art. 13 of the Arms Act, "the right to purchase firearms smoothbore
long-barrel weapon of self-defense, civilian firearms restricted lesion, sports weapons,
hunting weapons, signaling weapons, cold bladed weapons, designed to be worn with the
national costumes of the peoples of Russia and the Cossack form, are citizens of the
Russian Federation who have reached the age of 18, after obtaining a license for the
acquisition of such weapons in the bodies of internal affairs at the place zhitels Twa.
The age at which citizens of the Russian Federation may be allowed to keep and carry
firearms hunting shotguns, can be reduced by not more than two years by decision of the
legislative (representative) body of state power of subjects of the Russian Federation.
Gas pistols, revolvers, signal guns, edged bladed weapon designed to be worn with the
national costumes of the peoples of the Russian Federation or a Cossack uniform, citizens of
the Russian Federation have the right to acquire on the basis of a license for the purchase of
weapons, followed by registration of weapons within two weeks in the organs of internal
affairs at the place of residence. Under license for the purchase of weapons permitted to
register no more than five units of these types of weapons. License issued by the bodies of
internal affairs at the place of residence of a citizen of the Russian Federation and at the
same time is a permit to keep and carry these weapons. Validity of the license for five years.
Upon expiry of the license, it can be extended in the manner provided in Article 9 hereof.
Mechanical dispensers, aerosol, and other devices curb tear gas or irritants electroshock
38 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 4. The licensing system
devices and spark gaps domestic production, air weapon with a muzzle energy of not more
than 7.5 J and caliber up to 4.5 mm are not subject to registration. The Russian Federation
shall have the right to acquire them without a license.
Fire smooth long arms, the above paragraphs 1, 2 and 3 hours. 2 tbsp. 3 of the Federal
Law of the Russian Federation shall have the right to acquire for the purpose of self-defense
without the right to wear on the basis of a license issued by the bodies of internal affairs at
the place of residence.
Sport and hunting Fire smooth-bore long-barreled weapons and hunting airguns have
the right to acquire the citizens of the Russian Federation, which issued a hunting license or
hunting membership tickets.
Athletic Fire smooth-bore long-barreled weapons, sporting airguns with muzzle energy of
more than 7.5 J, and hunting Fire smooth-bore long-barreled weapons are entitled to
purchase for practicing sports involving the use of firearms, citizens of the Russian
Federation, which sports organization or an educational institution in accordance with the
carried out by these organizations, statutory tasks in the field of physical culture and sports
issued by a sports passport or doc ent, confirming activity of sports involving the use of
firearms.
Hunting firearm with a rifled barrel has the right to acquire Russian citizens, who are duly
authorized to hunt, provided that they are engaged in professional activities related to
hunting, or have owned a hunting Fire smooth-long arms for at least five years.
Sporting firearms long-barrel weapon with a rifled barrel and ammunition, as well as
hunting firearms long-barrel weapon with a rifled barrel and ammunition have the right to
acquire sports citizens of the Russian Federation, which issued contentious
Expert report: "On the question of the reform of Russian weapons legislation" 39
Chapter 4. The licensing system
tive passport or certificate of sports rank of sport, associated with the use of sporting
firearms, provided that they are high-class athletes in this sport or have owned sporting long
arms Fire smooth-bore at least five years.
Sporting firearms short arms with a rifled barrel and ammunition have the right to acquire
the citizens of the Russian Federation, which are high-class athletes and sports who have
been granted a passport or certificate of sports rank of sport, associated with the use of the
sporting weapons. In this case, the right to acquire a hunting firearms with a rifled barrel and
sporting firearms with a rifled barrel are defined categories of citizens, provided that they
have not committed offenses related to violation of rules of hunting, weapons production
rules, the arms trade, sale, transfer, acquisition, collecting or platen, Registry, storage,
carrying, shipping, transportation and use of weapons. The list of professions, activity which
gives the right to purchase a hunting firearms with a rifled barrel, established by the
executive authorities of the Russian Federation. List of sports activity that gives the right to
purchase sporting firearms with a rifled barrel, established by the federal executive authority
responsible for drafting and implementation of the state policy and normative legal regulation
in the sphere of physical culture and sports, as agreed with the federal executive body ,
responsible for drafting and implementation of the state policy and normative legal regulation
in the sphere of internal affairs.
The total number of purchased Russian national hunting firearms with a rifled barrel
should not exceed five units, sporting firearms with a rifled barrel - five units, Fire
smooth-bore long-barreled weapons - five units of firearms restricted defeat - two units,
40 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 4. The licensing system
except in cases where the listed weapons are the object of collecting.
Hunting cold bladed weapons have the right to acquire Russian citizens who have
permission of internal affairs authorities to keep and bear hunting firearms. Hunting cold
bladed weapons registered trading company in the sale of these weapons in the manner
prescribed by the federal executive authority responsible for the development and
implementation of the state policy and normative legal regulation in the sphere of internal
affairs.
Acquired a Russian national firearms, restricted firearms destruction and hunting airguns
with muzzle energy exceeding 7.5 J to be registered in the bodies of internal affairs at the
place of residence within two weeks from the date of purchase. In case of change of
residence of a citizen of the Russian Federation shall, within two weeks from the date of
registration of the new place of residence apply to the relevant bodies of internal affairs with
the statement of registration of weapons belonging to him.
Citizen of the Russian Federation, bodies of internal affairs at the place of residence
when registering firearms smoothbore long-barrel weapon of self-defense issued permit for
storage, check the hunting firearms long-barreled weapons, sporting firearms long guns,
airguns or firearms restricted defeat - permission to keep and carry a term of five years on
the basis of a document confirming the legality of the acquisition of the corresponding
ruzhiya, check sports firearm handgun with a rifled barrel - permit its storage and use on the
shooting site for a period of five years without wearing the right. The extension of the
authorization pursuant to the procedure provided for in Article 9 of this Federal Law.
To obtain a license for the purchase of arms of the Russian Federation, a citizen must
submit to the bodies of internal affairs at the place zhi-
Expert report: "On the question of the reform of Russian weapons legislation" 41
Chapter 4. The licensing system
stances application made in the prescribed form, proof of citizenship of the Russian
Federation, documents of the passage of appropriate training and periodic testing of
knowledge of the rules of safe weapon handling and the availability of safe gun handling
skills, the medical conclusion about the absence of contraindications to possession of
weapon-related visual impairment , mental illness, alcoholism or drug addiction, and others
contemplated hereby documents.
To obtain a license for the purchase of firearms and (or) airguns with muzzle energy
exceeding 7.5 J sports a citizen of the Russian Federation is obliged to submit an application
nationwide sports federation, accredited in accordance with Russian law, for the extradition
of the relevant license, indicating the sport associated with the use of sporting arms.
The citizens, for the first time to acquire civil firearms, civilian firearms restricted lesion,
gas pistols, revolvers and hunting air guns, except for citizens who have permission to keep
and carry firearms, serving citizens in the state military organizations and with military ranks
or special titles or ranks or retired from these organizations with the right to a pension are
required to undergo training in order to study the rules of safe gun handling and acquisition
of safe gun handling skills. The list of organizations eligible to train individuals in order to
study the rules of safe gun handling and acquisition of safe gun handling skills, determined
by the Government. Requirements for the content of individual training programs in order to
study the rules of safe gun handling and acquisition of safe gun handling skills and the
procedure for approval of the programs established by the federal executive authority
responsible for drafting and implementation of the state policy and normative legal regulation
in the field of Education, agreement with the federal authority
42 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 4. The licensing system
executive authority responsible for the development and implementation of the state policy
and normative legal regulation in the sphere of internal affairs.
The license for the purchase of weapons issued to citizens of the Russian Federation
after the passage of appropriate training and testing of knowledge of the rules of safe
weapon handling and the availability of safe gun handling skills and the absence of other
obstacles to its base obtained. Russian citizens who own firearms restricted lesion, gas
pistols, revolvers, civil firearms smoothbore long-barrel weapon of self-defense, are required
at least once every five years to pass the knowledge test of the rules of safe weapon
handling and the availability of safe gun handling skills. Check knowledge of the rules of safe
weapon handling and the availability of safe gun handling skills held organizations, the
Government of Russia, in order,
The citizens, for the first time to acquire weapons for sport, in the production of sports
passport or document confirming the occupation of sports involving the use of firearms in
sports organization or an educational institution in accordance to carried out by these
organizations statutory tasks in the field of physical culture and sport are required pass the
knowledge test of the rules of safe weapon handling skills and the availability of safe
handling of weapons in the all-Russian sports fairy eration, accredited in accordance with the
legislation of the Russian Federation, according to the program of studying the rules of safe
gun handling and acquisition of safe gun handling skills, consistent with the federal body of
executive power,
Expert report: "On the question of the reform of Russian weapons legislation" 43
Chapter 4. The licensing system
1. has not attained the age established by the present Federal za-
Kohn;
2. not submitted a medical report on the absence proti-
committed intentionally;
4. serving a sentence for the crime;
SRI and other appropriate preparation mentioned in this document Federal law;
hicheskogo disease, alcohol or drug addiction. The list of diseases, which are
contraindicated in the presence of gun ownership is determined by the RF Government.
Russian citizens, who own civilian firearms, civilian firearms restricted lesion, gas pistols,
revolvers, sporting pneumatic
44 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 4. The licensing system
weapons, hunting airguns, are required at least once every five years to represent the
internal affairs of the medical conclusion about the absence of contraindications to weapon
possession associated with visual impairment, mental illness, alcoholism or drug addiction.
Structurally similar to the weapon items, air rifles, pistols, revolvers with a muzzle energy of not more than 3 J, signal
pistols, revolvers caliber not exceeding 6 mm and ammunition to them that on the conclusion of the federal executive
authority responsible for the development and implementation of public policy and legal regulation in the sphere of internal
affairs, can not be used as a firearm, firearm limited defeat and gas weapons are purchased without l Licenses and are not
registered. Questions relating to the registration, issuance, renewal and revocation of licenses for trade, acquisition,
collecting or exhibiting civilian and service weapons, essential parts of firearms and ammunition, for storage permits,
storage and use, possession and carrying of weapons and ammunition, permits for the import of weapons and ammunition
in the Russian Federation and export them from the Russian Federation, permits for transportation or transport of weapons
and ammunition, as well as authorization of the use of weapons on the shooting objects and notifications on arms sales or
cartridges; definition of requirements for legal entities and individuals in the implementation of the legal rights associated
with the use of weapons, as well as a system of measures to ensure safety in the possession of a weapon; establishment
of mandatory requirements for record-keeping of weapons and ammunition are regulated by the Instruction on the
organization of law-enforcement bodies to monitor the circulation of civilian and service weapons and ammunition on the
territory of the Russian Federation, approved by Order of the Ministry of Internal Affairs of Russia on April 12, 1999 № 288
". possession and carrying of weapons and ammunition, permits for the import of weapons and ammunition in the Russian
Federation and export them from the Russian Federation, permits for transportation or transport of weapons and
ammunition, as well as authorization of the use of weapons on the shooting objects and notifications on the sale of arms or
ammunition; definition of requirements for legal entities and individuals in the implementation of the legal rights associated
with the use of weapons, as well as a system of measures to ensure safety in the possession of a weapon; establishment
of mandatory requirements for record-keeping of weapons and ammunition are regulated by the Instruction on the
organization of law-enforcement bodies to monitor the circulation of civilian and service weapons and ammunition on the
territory of the Russian Federation, approved by Order of the Ministry of Internal Affairs of Russia on April 12, 1999 № 288
". possession and carrying of weapons and ammunition, permits for importing arms and ammunition to the Russian
Federation and their export from the Russian Federation, permits for transportation or transport of weapons and
ammunition, as well as permits for the use of weapons on the shooting objects and notifications on the sale of arms or ammunition; definit
Licenses and permits are issued by the bodies of internal affairs on the basis of citizens'
applications. The license application is considered within a month, and the permit application -
within two weeks from the date of their submission. The statement shall contain information about
the kinds of weapons that
Expert report: "On the question of the reform of Russian weapons legislation" 45
Chapter 4. The licensing system
It planned to acquire, and the measures taken to ensure the registration and preservation of weapons.
Prior to the adoption of decisions on licensing in the community citizens by licensing and
permitting units or precinct Police conducted audits of the arms of safety conditions and the
availability of the lockable safes, metal cabinets, boxes of high-strength materials or wooden
boxes, covered with iron, as well as identifying the circumstances preventing the
preservation of weapons. Materials inspection shall be attached to the applications of
citizens. The initiator of these checks is litsenzionnorazreshitelnoe unit, in which the citizen
appealed. Requirements for members of this unit from a citizen about the need to provide
the inspection report along with other documents are illegal.
The procedure for provision of public services for the issuance of a legal entity licensed
for the purchase of civilian and service weapons (bullets) outside the Russian Federation,
the timing and sequence of actions (administrative procedures) official Russian Interior
Ministry officials to issue legal entities licensed for the purchase of civilian and service
weapons (bullets) for outside the Russian Federation shall be determined by the
Administrative regulations of the Russian Federation Ministry of internal Affairs for the
provision of public services to grant a license to a legal entity for the purchase of civilian and
service weapons (bullets) outside the Russian Federation, approved by Order of the Ministry
of Internal Affairs of Russia on September 29, 2011 №1038 45.
The rules for providing state services for issuing entity is engaged in trade in arms and
ammunition, permits for possession of weapons and ammunition, the timing and sequence of
administrative procedures and the actions of officials of the Ministry of Interior of Russia and
territorial
45 RF Interior Ministry Order dated September 29, 2011 № 1038 "On approval of administrative regulations
Ministry of Internal Affairs of the Russian Federation for the provision of public services for issuing a license to a legal entity
for the purchase of civilian and service weapons (bullets) outside the Russian Federation and the permit for storage of
weapons and ammunition to a legal person engaged in arms and ammunition. " Registered in the Ministry of Justice on
December 21, 2011 № 22734. [electronic resource]. The document has not been published. Access from sprav. legal system
"Consultant".
46 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 4. The licensing system
GOVERNMENTAL Russian Interior Ministry officials at the regional and district levels for the
issuance of a legal entity that is engaged in trade in arms and ammunition, permits for possession
of weapons and ammunition shall be established in the Administrative Regulations of the Ministry
of the Interior to provide public services for the issuance of a legal entity engaged in trafficking
weapons and ammunition , permits for possession of weapons and ammunition, approved by
Order of the Ministry of Internal Affairs of Russia on September 29, 2011 № 1038 46.
The license is valid six months from the date of its issuance. Following the acquisition of
weapons of citizens in the two weeks required to register it in the internal affairs of the
licensing authority. The citizens are the registration certificate for arms license back filled
Trade Organization, and also acquired weapons for inspection, which was conducted by the
Division licenses and permits work on the basis of the requirements for the technical
condition of weapons and ammunition, to ensure their safe use. Inspection is also carried
weapons when the extension of the licenses and permits.
Passports for firearms with rifled barrel checks for marks on the date of the control
conducted by shooting, and in their absence the weapon is sent to the specified shooting.
At each weapon citizens get a separate permit. Issuance of specific license for civilian
weapons depends on the division level of licensing and permitting work. Thus, the territorial
bodies of internal affairs at the district level 47 give out
1. of the license
- for the purchase of long-barreled smooth-bore firearms
self-defense weapons, gas pistols and revolvers, firearms, weapons tubeless
domestic production and signal weapons;
46 .: See ibid.
47 Territorial bodies of internal affairs at the district level - departments (Management) Internal
Affairs of the district (municipal district), the city (city district) and another municipality or several municipalities (eg, ATS
Ostankino district of Moscow GUVD).
Expert report: "On the question of the reform of Russian weapons legislation" 47
Chapter 4. The licensing system
Interior territorial authorities at the district level 48 perform licensing and permits indicated
above and
1. licenses
- on collecting weapons and ammunition;
- to exhibit weapons and cartridges;
- for the purchase of hunting firearms with a rifled barrel;
2. permits
- on the import into the Russian Federation and export from the Russian weapons and ammunition belonging ino-
country nationals for the use of weapons at sporting events and for the purpose of
hunting;
- to keep and bear hunting firearms narez-
nym barrel citizens of the Russian Federation;
48 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 4. The licensing system
- for the acquisition of the Russian Federation Civil weapons and ammunition
foreign citizens and permits for their export from the Russian Federation;
2. permits
- on the import into the Russian Federation and export from the Russian civil or collectible
or the exhibited weapons and ammunition of the Russian Federation citizens. Without the permission of
internal affairs authorities carried out the transportation of weapons and ammunition by citizens:
- within the territories of the Russian Federation subjects, bodies of internal affairs koto-
Permit for the transportation of weapons and ammunition in return previously issued
upon the expiration of their actions can be carried out by internal affairs bodies in transit
handling of an accompanying person of weapons and ammunition in the event of
circumstances that caused a substantial delay in the route or overload of weapons and
ammunition for a new vehicle . Data on issued ALLOW
Expert report: "On the question of the reform of Russian weapons legislation" 49
Chapter 4. The licensing system
Britain and the reasons for its execution are sent to the bodies of internal affairs at the place of the account owner
of the weapon.
In addition, renewal of licenses and permits is done when you change the licensing
conditions, the information contained therein, as well as in case of replacement of worn-out
or lost licenses and permits on the basis of statements of owners and supporting documents.
Re-issuance of licenses and permits due to changes in licensing conditions, information
contained in them, in case of replacement of worn-out or lost licenses and permits, as well
as in the production of weapons to replace the faulty implemented without changing the
previously established period of validity of licenses and permits.
Weapons Act (Art. 26 and 27) provides for the procedure for cancellation and withdrawal
of the license for the purchase of weapons and (or) permission to keep and bear arms, as well
as the seizure of arms and cartridges to it.
Thus, in Art. 26 of the Arms Act lists the following grounds for cancellation of licenses
for the purchase of weapons, collecting weapons by citizens, as well as permits issued in
the area of arms trafficking, such as:
- Voluntary renunciation of the said license and (or) permission, or
liquidation of the legal entity or death of the owner of weapons; adjudication of
- depriving a citizen of the corresponding
present a special right to cancel the license and (or) the authorization;
50 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 4. The licensing system
elimination of the circumstances which exclude, in accordance with the Law on Weapons possibility
The existing licensing system has proven effective, as evidenced by the rare use of legal
weapons to commit crimes, but it remains too bureaucratic.
Previously, it was noted that to obtain a license for the purchase of weapons citizen first
acquires civilian firearms, civilian firearms restricted lesion, gas pistols, revolvers and hunting
air guns, sports weapons, in the preparation of sports passport or document confirming the
occupation of sports, must submit (in addition to the statements and other documents
provided by the legislation in the sphere of civil arms trafficking) certificate attesting the
passage of the preparation in order to study the rules of safe gun handling and acquisition of
safe gun handling skills.
Do not provide this document citizens who have permission to keep and carry firearms,
citizens serving in the state military organizations (bodies of internal affairs, the bailiff
service, the customs authorities, and others.) And having the military ranks or special titles or
ranks or discharged from these organizations with the right to a pension.
Persons owning firearms restricted lesion, gas pistols, revolvers, civil firearms
smoothbore long-barrel weapon of self-defense, are required at least once every five years
to pass the knowledge test of the rules of safe weapon handling and the availability of safe
gun handling skills.
Test your knowledge of the rules of safe handling of firearms smoothbore long-barreled
weapon of self-defense, self-defense tubeless fire-arms, gas pistols and revolvers and signal
arms are held by employees litsenzionnorazreshitelnyh units during the consideration of
citizens' applications for the first time acquire such weapons. Not checked grazhda-
Expert report: "On the question of the reform of Russian weapons legislation" 51
Chapter 4. The licensing system
not having a permit for storage, possession and carrying of hunting, sporting or service
weapons, as well as military personnel and employees of state military organizations in
which your service weapon.
The audit established knowledge: h. 2 and 5, Art. 17, Art. 22 and 24 of the arms; Art. 37 -
39, 222 and 224 CC RF; Art. 20.8 - 20.15 of the Administrative Code; Of the Rules of
turnover of civil and service weapons and ammunition, approved by RF Government Decree
of July 21, 1998 number 814; Instructions, approved by the Ministry of Interior Order of 12
April 1999 number 288, in terms of ensuring the safety and security of self-defense weapons
storage; the rules of safe handling of firearms and self-defense actions related to the
provision of pre-hospital medical assistance to the victims of the use of firearms and gas
weapons.
Repeated (five years) treatment for a license citizens only submit an application and
documents attesting to changes previously outlined personal data.
Violation of the order of the certificate of training and testing of knowledge of the rules of
safe weapon handling and the availability of safe handling skills with weapons entails
administrative responsibility in accordance with Art. 20.8 of the Administrative Code.
Control over compliance with the rules of circulation of civilian and service weapons and
ammunition is carried out by the police in accordance with the Law on Police and the Law on
Weapons. Control over the circulation of civilian weapons and ammunition is carried out at
registration, issuance, and renewal of licenses and permits renewal during inspections to ensure the
safety of weapons by citizens with weapons, as well as the consideration of applications, complaints
52 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 4. The licensing system
Checks are carried out in accordance with the work plans of preventive and other special
events, and can also be carried out by a decision of the heads of law enforcement bodies.
Procedure for checking compliance of the rules for the storage of weapons and ammunition,
during which police officers inspect the storage location of objects, where they are treated is
determined by the Regulations on the organization of law-enforcement bodies to monitor the
circulation of civilian and service weapons and ammunition on the Russian Federation,
approved by Order of the Ministry of Internal Affairs of Russia on April 12, 1999 number 288.
The police, in the functional duties include control over the circulation of weapons in the
implementation of inspections of places of storage of ruzhiya and cartridges must have
written instructions, which are shown together with the official certificate.
Checks citizens - gun owners are held precinct police officers units
litsenzionnorazreshitelnoy the residence of the said persons at least once a year. Checks to
ensure safety and security of weapons storage can also be carried out by other members of
the police on the territory of which the service is being tested, followed by the direction of
inspection of materials in licensing and permitting unit of accounting based on the location
(supervisory) cases.
Checks citizens engaged in collecting weapons and ammunition must be carried out by
police officers, together with representatives of the designated authorities for the
preservation of cultural values, taking into account compliance with the requirements to
ensure the confidentiality of information about guns and their owners. Scheduled inspections
of citizens who have their own collections of weapons or meetings are held at least once a
year.
From the analysis resulted above it follows that a citizen is obliged to know the content of
the main legal acts regulating the circulation of weapons in the Russian Federation, as well
as rules for the safe handling of firearms and self-defense actions related to the provision of
pre-hospital medical assistance to the victims of the use of fire-
Expert report: "On the question of the reform of Russian weapons legislation" 53
Chapter 4. The licensing system
Strelna and gas weapons. The methods of teaching the use of civilian weapons training is
necessary to specify the procedure depending on the type of the purchased weapons: short
arms, smooth-bore long-barreled weapons, long-barreled weapon with a rifled barrel, etc.
Depending on the type of weapons purchased citizen rates should be different and should be
developed is based on the specifics of a particular type of weapon:
Strelna weapon that combines in its design is sleek and rifled barrel;
Methods of testing the knowledge of candidates for a license (permit) for the purchase of
weapons and (or) permission to keep and bear arms and ammunition shall include a system
test control of theoretical knowledge for the knowledge of normative legal base in the sphere
of arms trafficking, as well as the rules safe handling of weapons and actions related to the
provision of pre-hospital medical care to victims of the use of weapons. The introduction of
such a test would allow subsequently avoid a formal approach to assessing candidates'
knowledge.
54 Expert report: "On the question of the reform of Russian weapons legislation"
D lava 5. to ultura In weapons and training
In the modern discourse on weapon subjects often mentioned thesis on the absence of
"our people" so-called "weapons culture." Quotation marks are used here solely to show the
vagueness of both categories. It is difficult to specify what is meant by the phrase "our
people" and "Gun culture" - mostly ethnic or socio-psychological aspect, the ability to
handling of firearms short-or long-barreled weapons, etc.
If we are only on the ethnic aspect and refers primarily Russian as the main ethnic array,
then how about the Tatars and other ethnic groups Mordovians and subethnoses inhabiting
the Russian Federation? They also do not have "weapons culture" or, on the contrary,
possess it? If by "our people" refers to all citizens of Russia, regardless of their ethnicity,
there is an insoluble scientifically contradiction: how could it happen that all the people living
within the administrative borders of the Russian Federation, "the weapons culture" do not
have enough that entrust them with weapons is not possible, while a kilometer away from the
administrative border of the Russian Federation (for example, in Estonia), the same people
(including ethnic Russian), have in the social history of a similar Soviet past, Weapon trust is
already possible? Where did the Estonian citizens suddenly came the notorious "Gun culture
'? And she even look like? The Russian Federation has allowed a variety of weapons. Does
this mean that there is in Russia, for example, "long-barreled weapon culture" and how it
differs fundamentally from the "short-culture"? For all its apparent crankiness these issues
need to be resolved.
Expert report: "On the question of the reform of Russian weapons legislation" 55
Chapter 5: Culture of Use weapons and training
Of course, following the stereotype, we tend to allocate inherent in various nations and
nationalities distinctive features, due to the trajectory of historical development 51. For
example, Americans are unsophisticated and gullible, and open looseness, they have not
decided to lie; British polite and balanced; French passionate, ambitious and egalitarian;
Germans are punctual and disciplined; Russian strong spirit and love their homeland. But all
these minor behavioral deviation, inherited from past times, do not go to any comparison
with the functioning of the modern social and economic space, which eliminates people,
levels, "dresses up in a European suit," sets the general rules of conduct. The same phase
(demographic) transition 52 which undergoes civilization and which is usually characterized by
the terms "urbanization" and "globalization" 53 is a universal evolutionary trend, directly arising
from the complexity of technology, new technologies require new operator. And this
statement is standard externally and internally diverse, unlike the people of the former
(national) psycho.
49 Pochebut LG Cross-cultural and ethnic psychology. - St. Petersburg, St. Petersburg, 2012..
50 http://en.wikipedia.org/wiki/Gun_laws_in_the_United_States_(by_state)
51 http://hawaiiccw.com/hawaii-firearms-training/
52 http://www.asp.arkansas.gov/divisions/rs/rs_chl.html
53 Kapitsa demographic revolution and the future of mankind // In the world of science, № 4 (April) 2004
56 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 5: Culture of Use weapons and training
3. The originality of the national setup on the emotional and volitional activity ... They are
manifested in attitudes and external behaviors in specific techniques and methods of
exchange of information ... " 54.
Thus, there is no reason to believe that there are such extreme national or ethno-cultural
characteristics, in connection with which their carriers would be contraindicated to use those
or other items - private cars, air conditioning, a handgun.
Any thingish culture slide and occurs together with subject. There can be no culture of
using fire until then, until the man mastered fire. There can be no culture of using a car
without the car itself and the related infrastructure. There can be "air-conditioning culture",
while in society there is no air conditioning. Culture appears with the subject and produced
them. Furthermore, the subject culture ownership inherent only to those individuals who
possess objects. For example, a feudal prince, who has no idea about how to plow and sow,
there is no culture of field cultivation, despite the fact that he lives in the agrarian era.
Is it possible, in spite of the above, still in the first approximation, to talk about some kind
of "general" culture of the people - for example, the culture of weapons? To some extent it
will be speculation and artificial reception, but for illustrative purposes, it seems necessary to
consider this issue. Historically, all peoples had "a weapons culture" that was modified with
the types of weapons. The peoples of the Russian Empire is no exception. It is known that
the Tsarist Russian citizens at the beginning of the twentieth century could buy for personal
use a revolver or pistol. at
Expert report: "On the question of the reform of Russian weapons legislation" 57
Chapter 5: Culture of Use weapons and training
that no one asked the question about the absence or presence of nationals from the same
"weapons culture." Just as no one bothered to lack of citizens 'car culture', when it was
decided to sell the citizens of passenger cars for personal use. That, in principle, the right: to
be subject - will and his ability to use (culture).
Weapons Act were changed and the Tsarist Empire, then tightening the rules of its
turnover, expanding the respective rights, but historical materials 55 evidence: a ban on the
possession of weapons, and a ban on the carrying of arms are always in the eyes of the
citizens perceived as the disqualification of one or another group. For example, in the XVIII
century after the Bashkir rebellion "took part in the rebellion of the Bashkirs" were forbidden
to carry arms. Later, during the reign of Nicholas I, it was prohibited from owning weapons
punitive labor. In other words, it was always about a certain narrow categories of people, for
one reason or another disfranchised.
Wearing weapons invariably been associated with social status "full-fledged" had the right
to arms, "unequal" - no. The royal decree of the XVII century was: "From this time and
colonels, and solicitor and noblemen Moscow and tenants, and the heads of people Russian
and foreigners ... in Moscow and in the campaigns go with sabers and swords and other same
weapon ... And the merchants and others of lower ranks ... not with what weapons do not go. "
Paradoxically, the "Gun culture ', that is, an idea has not disappeared about the weapon
and the ability to use it in Soviet society, despite the fact that the laws on weapons are among
the most stringent in the history of our country. In the context of the overall Soviet militarization
of life, when almost the entire male population to serve in the army or training at the military
department of the university, and children of both sexes in the school lessons CWP learned to
disassemble and assemble a Kalashnikov rifle, familiarity Soviet arms citizens was even higher
than in capitalist countries the citizens. Until now, generation of Russians, who had studied in
the Soviet school, po-
55 A. Malakhov right to possess firearms give the membership membership cards // Kommersant, number 30
(633), 01.08.2005.
58 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 5: Culture of Use weapons and training
Row better perform assembly-disassembly of the machine than the average generation of Europeans
However, even if no trace of "weapons culture" in the depths of Russian society would
not, its development is not particularly difficult, a gun - something easier than a car. In order
to learn to drive, you need to spend up to a month's time, while learning how to use the gun
safely and produce aimed fire at short range (which, in fact, designed and short arms) must
be between two and four hours.
56 http://www.garant.ru/hotlaw/federal/397303/
Expert report: "On the question of the reform of Russian weapons legislation" 59
Chapter 5: Culture of Use weapons and training
TABLE 4
To buy weapons in general To obtain a license for the hidden Not required at all
to bear arms
Illinois, Massachusetts, District Ko In the remaining 29 states
Lumbye (Washington DiSi), Hawaii Idaho, Iowa, Arkansas,
West Virginia, Virginia,
Kentucky, The concentration
nektikut, Louisiana, Michigan, Nevada, New
Mexico, New Jersey, North Carolina, Rhode
Island, Oklahoma, T'ieh khas, Utah
Is required to pass safety courses «Safety Courses» in one form or another in 21 states 57.
Hawaii 58 Arkansas: training - about 8 hours. Basically - this is the theory of the use of
arms, the causes of accidents and crossbows. Some time is given to how to communicate
with the police, the correct choice of holster and ammunition, as well as the legal implications
of the use of weapons. Many organizations offer advanced instructor course practical part 59.
West Virginia and Virginia: Practical part is not required at all. The course can go
online, spending 65 minutes. time, then answer 20 questions. The result obtained legally
valid for presentation to other documents to obtain licenses for concealed carry.
Illinois: you only need to check the absence of a criminal record, the passage of a
significant number of instances to obtain the card holder FOID weapons, training is not
required. It is the only state completely prohibiting concealed carry weapons.
Kentucky: Required courses lasting no more than 8 hours, the results of which need to
get into the growth target at a distance of 7 meters 11 times out of 20 attempts.
60 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 5: Culture of Use weapons and training
practical part - basic safety precautions, the ability to charge / discharge the gun and
shooting. practical examination takes place at Ladder 7 hits out of 10 shots from seven
meters to the center of the growth target. In the theoretical part - at least 70% correct
responses 60.
Nevada: cm. Connecticut. In general, similar, but there is a caveat - the gun can be
selected and / or revolver. Accordingly, it is necessary to demonstrate the ability or the
selected sample or both 61.
Oklahoma: training of 16 hours. As in Nevada - is necessary to select a pistol or revolver
or qualify with both samples.
New Jersey: training from 8:00, passing the theoretical exam.
New Mexico: Course duration - 15 hours. It includes both practical and theoretical parts.
Limitation goes on the upper gauge, ie available selected pattern and all the other having a
smaller caliber. You must validate your skills every 2 years.
Massachusetts, the District of Columbia (Washington DiSi): training of 4 hours (3:00 Theory and
Practice 1).
North Carolina: duration of the course of 8 hours, a written test on knowledge of legislation
on the use of weapons and areas where it is forbidden the wearing. Requirements for practical
part - from 50 to 40 results in a circle with a diameter of 0.6 m at a distance of 7 meters.
Texas: training of 10 hours (5:00 to extend the current license) shooting a target with a
standard distance of 2.7 meters (9 feet), 6.4 m (21 feet) and 13.7 m (45 feet) of 50 shots. It is
also necessary to fill in a questionnaire of 50 points on the knowledge of the law.
Of special note is the need to pass safety courses for hunters. They are present in the
vast majority shta-
60 http://ctgunpermit.com/utah-cfp.php
http://www.ag.idaho.gov/concealedWeapons/concealedWeapons_index.html
http://www.handgunlaw.us/states/louisiana.pdf
61 http://www.leg.state.nv.us/Session/76th2011/Bills/AB/AB282_EN.pdf
Expert report: "On the question of the reform of Russian weapons legislation" 61
Chapter 5: Culture of Use weapons and training
comrade and for the most part extremely liberal. (In Texas, for example, to 9 years is quite
possible hunting accompanied by adults, with 9 years of age for the passage of the relevant
courses - and self including New Jersey -. 10 years of age may pass such courses). 62
In most shooting community has its own criteria for the use of weapons. In addition, it is
extremely popular voluntary courses on the use of weapons, including a significant number
of hours and ammunition. Most known status of NRA, an average of 9 hours including about
250 cartridges.
The effectiveness of these courses shows that the level of injury hunt is between the
bowling alley and billiards. Injuries of varying severity receive only 5 of 100 thousand.
Hunters 63. At the same time, despite the record growth rates of weapons from year to year,
the number of deaths due to accidents has been steadily declining.
If the legislation of the Baltic States is quite liberal, the Western Europe on the contrary
has a rather complicated procedure for obtaining licenses.
In particular:
Latvia: for licenses for concealed carry is required to pass the exam of 4 questions on
knowledge of the Weapons Act and the order of its turnover. As well as the practical part -
partially disassembled PM, its loading. Also takes into account compliance with safety in the
process. Hunting requires an additional pass-Ladder on the relevant part of the legislation,
do the exercise on a running boar shooting (10 shots from 35 meters, at least 40 points) for
shotguns. For rifle required to demonstrate their skills in shooting at a running elk rifled
carbine / rifle with 100 meters (10 shots, at least 50 points) 64.
63 http://nssf.org/PDF/research/Hunting%20Safe%20Activity%20Chart%20NSSF%20branded.pdf
64 http://fish.vp.gov.lv/material/ierocu_aprite.htm
65 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=159542&p_query=ginkl%C5%B3%20ir%20
62 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 5: Culture of Use weapons and training
Czech Republic: Training can be compared with Latvia, the subtle differences in the
theoretical part 66.
Estonia: the theory test contains 10 questions (8 under the law, 1 safety, 1 - with respect
to first aid actions). Practical part - shooting 25 meters into the sports target 3 shots.
Germany: training lasts 16 hours. Mixed course of theory and practice. Education
precedes entry into the shooting club. Buy their own weapons is possible only after one year
of membership, and only under a certain discipline, but this condition is valid only for sports
shooters. for hunting training lasts longer (up to one year) and significantly more expensive
(an average of about 2000 euros). Requirements for knowledge is very high, in particular,
requires knowledge of the biological diversity of flora and fauna, knowledge of teams for
beagles, practical shooting competition on each weapon. There is also the option of
collecting weapons on certain topics for a certain period of time (eg, rifle the Allies of World
War II), which is required to pass the exam before the commission on knowledge of relevant
topics.
Switzerland: among the countries of Western Europe has a very liberal legislation, and
ranks third in the world in the number of weapons per 100 000 population after the United
States 67. In addition, for the acquisition of weapons does not require any training. However, it
is required to obtain licenses for concealed carry, which, however, is not complicated.
Canada: for the purchase of any firearm requires a minimum delivery of safety 68.
Moldova: despite the presence of the law point to compulsory education who wants to
buy a weapon - either in the law or in regulations such is not regulated, so it varies
depending on the region.
68 http://www.rcmp-grc.gc.ca/cfp-pcaf/index-eng.htm
Expert report: "On the question of the reform of Russian weapons legislation" 63
Chapter 5: Culture of Use weapons and training
Ukraine: training options relate mostly hunting weapons and gas / traumatic. In the
absence of the General Regulations scatter courses content varies from 14 to 60 hours.
Israel: To obtain a license for the purchase of weapons is required to undergo a 40-hour
course and pass the final exam with the standings by 80% hit.
Spain: License is issued depending on the type and purpose. Common to all are the only
three lectures on the rules of circulation, safety aspects and types of weapons. Exam at the
end of rent in writing. The practical part is varied: for example, for pistols -
Chile: training as a whole is very similar to Spain. Gendarmerie verifies the ability to
handle weapons, and the ability to hit the target from a distance of 10 m.
Panama: training as such is absent. It takes only a general sanity check and drug test.
In summary, it can be seen that the most common type of training is a mixed course with
duration from 4 to 8 hours, with a focus on the legal aspects of the use of weapons based on
actual use. The practical part is focused on not achieving any significant sporting results, but
above all on respect for fundamental points of safety when handling guns.
In most cases, the most effective and modern teaching methods are private courses,
with state accreditation. Departmental same requirements are based on the obsolete
directives without regular intervention over quickly become obsolete and are no longer
relevant. As the most glaring example - rates in the Baltic States, requiring, inter alia, the
assembly / disassembly of a Makarov pistol in the presence of more modern designs, often
without even a non-automatic fuses.
64 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 5: Culture of Use weapons and training
different from the rest. The same applies to sports facilities, and practiced on their
disciplines. A kind of unification can be observed only for the courses required to obtain a
license for self-defense weapon.
Thus, neither the psychological characteristics of the Russian people (as well as other
peoples of the Russian Federation) or mythological factor "lack of weapons-short-culture",
nor the alleged complexity of the learning process are not an obstacle to the return of the
right to short-rifled firearms.
Expert report: "On the question of the reform of Russian weapons legislation" 65
D lava 6. E conomic feasibility of expanding turnover civilian weapons
The number of potential civilian weapons buyers in 2012 is about 1.5 million. People, the
dynamics of growth of buyers is 10% per year 70.
The number of customers (thou. Pers.) 1212.9 1302.6 1477.8 1634.9 1860.5
According to experts of the leading Russian manufacturers of small arms market is replenished
by an average of 160 thousand. New customers each year. Of these, about 100 thousand. Buyers
purchase a hunting weapon and 60 thousand traumatic. The projected growth of the market on
average is estimated at 11% per year, while in 70% of cases, the purpose of the purchase of hunting
weapons
- self-defense. This demonstrates the demand for the target products, which in the
conditions of the ban on short-rifle satisfied PROCUREMENT OF SUBSTITUTE GOODS.
The average cost of hunting weapons in the Russian market - about 45 thousand rubles.. The
69 http://www.rg.ru/2012/02/20/putin-armiya.html
70 BusinesStat, Comprehensive analysis of marketing data
66 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 6. The economic feasibility of the expansion of civil arms trafficking
(Take the bottom bracket, usually Russian products cost about 10 thousand. Rub., And foreign
25 thousand. Rub.) For every buyer there is an average of 1.3 units of weapons.
About 80% of the acquired hunting weapon is smoothbore weapons, rifled also sold in
Russia is much less due to legal restrictions. Shotguns is the most expensive and the most
massive segment of the market. The cost of equipment and accessories in one unit - about
10 thousand rubles.. (Which includes a safety deposit box, holster, case, care products and
other necessary accessories).
Given the lack of infrastructure rifle ammunition expenditure areas is low and is
estimated at 10% of the cost of purchased weapons a year.
The target audience in the case of the legalization of short-rifled firearms are likely to be
people with an income of 25 thousand. Rub. a month or more. According to Rosstat citizens
with an income of more than 25 thousand. Rub. There are about 23 million. pers.
The average cost of one gun in the shop will allegedly be more than 9 thousand. Rub.
(Take the bottom bracket, usually Russian products cost about 12 thousand rubles, foreign
-.. 25 thousand rubles..). 71 in view of mass production. According to expert estimates the
market will be actively suck for 4 - 5 years at the expense of individuals and within 5 - 10
years due to shooting clubs and entertainment industry, coupled with the shooting. To
acquire short-military weapons will be at least two-thirds of the target audience, while on
each customer will account for at least 1.3 units of weapons.
According to the report «Small Arms Survey 2007", each buyer purchases several
weapons. For example, in 2007 at the hands of the Russian population was more than 13
million. Weapons, the vast majority related to hunting 72. The number of game tickets in Russia
according to official figures -. 2.7 million As a result, one hunter had an average of 4 to 5
weapons. For example, in the Czech Republic share
71 civilian weapons market analysis in Russia in 2005 - 2010 years, the forecast for 2011 - 2014 years. BusinesStat
Expert report: "On the question of the reform of Russian weapons legislation" 67
Chapter 6. The economic feasibility of the expansion of civil arms trafficking
pistols in the total number of registered weapons has grown from 3% in 1991 to 37% in 2000
on the basis of law reform, which has facilitated the legal possession of these weapons.
Total capacity handguns market for 5 years will be about 207 billion. Rub. The market
accessories and consumables 310 is Bln. RUB. The total turnover of the market in the year -
105.4 billion or 517 billion rubles... within 5 years.
Additional market handguns - a rifle clubs. Clubs are a wholesale buyer of weapons and
consumables such as cartridges and spare parts. Purchasing power of clubs is comparable
to half of the purchasing power of citizens of weapons and significantly exceeds its
ammunition, Infrastructural development will require more time, respectively, the market will
grow with a delay of 5 years and be satisfied for a further 5 years. That shooting clubs and
shooting industry as a whole will be the main consumers of ammunition. Ammunition
consumption, with an average load of the club equals 730 thousand. pcs. per year
(according to the existing galleries and sports clubs. As an example, we consider the
shooting range in Izhevsk and Moscow 73). ammunition market will be 55 billion. rubles. for 5
years, or 11 billion. per year at an average price of 30 rubles pistol cartridge. in club.
aftermarket and care products is estimated as 15% of the weapons a year, taking into
account the intensive exploitation and of 75 billion. rubles. within 5 years.
Total market clubs is estimated at $ 233 billion. Rub. for 5 years, or 46 billion. rubles.
annually.
The lower estimate of turnover of the new economy for 10 years will be about 746 billion. Rub. in
year.
68 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 6. The economic feasibility of the expansion of civil arms trafficking
customers will be the first five years of the legalization of at least 20% of men and 5% of
women of working age. Based on the average annual number of these categories of
population in the country in the next five years (43.6 million. 40.5 million men and. Women,
respectively), an expert predicts the number of combat handgun buyers 10.7 million. Pers.
Such an estimate is given based on the experience of other countries, previously announced
the legalization of handguns, and are not the best situation to the public security system in
Russia and seems real.
Information available to date to evaluate the cost of handguns to the state customer
about 3-3.5 thousand. Rub. (Makarov gun and its immediate derivative of LL-71) to 10
thousand. Rub. and more - depending on the model and manufacturer. Taking a share of
cheap weapons for two-thirds of the market, it is possible to predict the average "starting
price" gun about 5.2 thousand. Rub. In view of the trade margin averaged taken as 100%,
this price can be doubled. Thus, the amount of combat handguns market in the first five
years after the legalization will be from 130 to 200 billion rubles, of which manufacturers and
importers of weapons will get about half -.. From 65 to 100 billion.
It should be noted that in the case of the legalization of civil handgun on the market
almost does not affect the potential of army warehouses. The total production volume of
Makarov pistol for all years was only about 2 million. Pcs. for the army, the Interior Ministry,
the FSB. Taking into account the FSB and the Interior Ministry warehouses guns
"departmental" origin will take no more than 2-5% of the market. Creating a market of civil
handguns will implement the market price for an obsolete army, the FSB and MVD weapons
and law enforcement agencies will have the necessary funds for regular and orderly upgrade
their arsenals.
Expert report: "On the question of the reform of Russian weapons legislation" 69
Chapter 6. The economic feasibility of the expansion of civil arms trafficking
In addition to direct effects on the economy, legalization could lead to many indirect
effects 75. There will be a growing industry for the economy, which can become a profitable
target for investment. In addition, the indirect effect of increasing the budget may occur due
to a decrease in the crime rate. Also, due to the legalization of weapons, new forms of
insurance, including - compulsory third party liability insurance (similar to CTP). However,
estimated as indirect and direct economic benefit can only partially.
In the transition to a market economy, insurance is one of the fastest growing sectors of
economic activity. The market economy, and above all the non-state sector of the economy,
a demand for various types of insurance as well as health and the private property of citizens
in need of comprehensive insurance protection. Lacking behind her financial guarantees
from the state, citizens must protect themselves from the consequences of potential risks.
One possible risk is the damage that may be caused to health and property of third parties
during the use of civilian weapons. The experience of recent years shows that in the event of
specified harm the issue of his compensation is not always solved positively.
Insurance is one of the oldest and most stable forms of provision of economic life, rooted
in the distant history. It is carried out on the basis of contracts of property or personal
insurance concluded by a citizen or a legal person (the insured) with an insurance
organization (the insurer). At its core is the creation of insurance trust funds of funds,
intended to protect the property interests of the population in private and business life from
natural disasters and other unforeseen and extraordinary nature of the events involving
damage.
In a society Insurance plays the role of a mechanism to shift funds (insurance fund) from
all members of society to those who
70 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 6. The economic feasibility of the expansion of civil arms trafficking
in need of financial assistance as a result of developments since their insurance claims. The
main purpose of compulsory insurance of civil liability of owners of weapons - compensation
for damage caused to life, health and property of third parties resulting from the use of
civilian weapons. The economic essence of insurance is as follows: insurance is to
redistribute economic relations characterized by randomness and probability, statistical
observability and the actual possibility of insurance claims; solidarity closed layout of
damage (in favor of the affected insurers at the expense of all policyholders of the insurance
company); the presence of temporal and spatial layout boundaries of damages, the return
portion of premiums aimed at insurance reserves and funds of insurers.
The main purpose or mission of the insurance activity can be defined as the satisfaction
of social needs in a reliable insurance protection against accidental hazards, correspond to
the standard requirements for financial soundness. Insurance of civil liability of owners of
weapons plays an important role in the damage compensation, and the need for its
development increases with the development of civilian weapons market.
Danskoi weapons whose owners have not fulfilled the obligation on insurance of civil
liability;
- subject to compulsory insurance must be imuschestven-
nye interests related to the civil liability risk vla-
Expert report: "On the question of the reform of Russian weapons legislation" 71
Chapter 6. The economic feasibility of the expansion of civil arms trafficking
businessman weapons for the obligations arising from damage to life, health or
property of victims at use of weapons on the territory of the Russian Federation. Control
over the execution of duties of gun owners insurance may be the police in the registration
and implementation of certain of its powers in the field of monitoring compliance with the
rules of arms trafficking, as well as the normative legal acts in the area of public safety.
Gun owner is obliged to be in possession of an insurance policy of compulsory insurance
and transfer it to test police officers authorized to do so in accordance with the Russian
legislation.
Assuming that civil barreled weapons sold to the public, will, in addition to general
taxation, excise duties levied and whose size is set by local authorities, it would provide
additional revenues on the ground.
Significant growth of the tax base will be in the service area associated with the
trafficking of weapons and related products.
Development of domestic production will lead to an increase in the tax base, increase
the number of jobs in cities with specialized plants for 10% of the working population.
Significantly reduce the number of state aid necessary for the modernization of the
production of small arms.
The collection of the license fee at registration of license for each separate instance of
the weapons give an additional effect to the budget. Based on the current level of fee (110
rubles) and the volume of weapons registered after the legalization of turnover of 4-5 million.
Units per year 76 additional budget revenues will amount to 400-500 mln. rubles. It should be
noted that today the Russian licensing fees are among the lowest in the world and they are
paid every five years. For comparison, in some countries, such as Australia, billed annually.
In the case of the transition to annual fees in the amount of 500 rubles per one registered
weapon, revenues under this Article may make 2-2.5 bln. Rub. annually.
76 civilian weapons market analysis in Russia in 2005-2010., the forecast for 2011-2014. BusinesStat
72 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 6. The economic feasibility of the expansion of civil arms trafficking
only at the expense of direct economic benefit from the work of weapons / ammunition
manufacturing and service organizations to add to the country's GDP by
0.7 to 1 bln. rub. for five years, with prospects for further growth. A direct consequence of
legalization would be a radical modernization of the leading manufacturer of combat pistols -
Izhmeh plant and the leading manufacturer of small arms Izhmash factory in Russia. In
addition, the high probability of 5-10 engineering companies specializing in medium-sized
series of civilian handguns, and the emergence of new industries as the basis of already
existing firms as well as independent. The emergence of new engineering companies will
affect the tax base in the regions to increase the size of the employed engineers working on
specialization and a substantial increase of their qualification. To compete effectively with
industry leaders and Izhmash Izhmeh data companies will innovate in the design and
manufacture solutions faster pace.
When you advance the development of enterprises, taking into account the reasonable
protective duties after 3-5 years it is possible access to foreign markets of the new Russian
products. Russian guns are a definite demand abroad, even in its current state, and the
renovation of production facilities will inevitably expand the market.
It should be noted the growth in demand for ammunition and a similar increase in the
number of jobs in the relevant enterprises.
When you create a service infrastructure sector there is a need for specialists in many
industries. Specifically, the training of qualified specialists for the new production facilities,
equipment and supplies, the sale of arms, ammunition and accessories (wholesale, retail
stores - 10-15 thousand jobs.), Registration of weapons, maintenance (repair) and technical
control, owners training, maintenance of newly established shooting grounds and galleries
(shooting ranges in need of such workers will create an additional 20 thousand. jobs),
manufacturing of accessories, Medical and payment inquiries, to insure ie civil liability,
utilization and finally the service sector.
Western countries have made significant progress on gun production technology, but
Russian companies have development without ustu-
Expert report: "On the question of the reform of Russian weapons legislation" 73
Chapter 6. The economic feasibility of the expansion of civil arms trafficking
Payuschie foreign counterparts, without entry barriers posing them to produce and to market
is not possible. In terms of imports of military equipment Russian position is that foreign
models will be acquired only in a few instances. Possible purchase of foreign technology, but
in a very limited extent, rather, in rare instances, to make it clear what foreign armies are
equipped and that domestic manufacturers produced the best examples. As for civilian
weapons - the situation will be different. Since joining the WTO, Russia will reduce customs
duties on imported weapons and ammunition. At the time of accession to the WTO (in the
summer of 2012.) tax on guns and ammunition will remain at the current level of 20%, but
then in the next five years will be reduced by 1 percentage point per year: up 19% in 2013,
18% in 2014 year 17% in 2015, 16% in 2016 and finally to 15% in 2017. At this rate is
expected to tax firearms, except sporting and hunting rifles (rate on them will fall to 12%).
Ammunition will also be taxed at a 15 percent rate. But if the share of imported weapons and
ammunition to exceed, for example, 20% of the domestic market, the duty of 20% can be
recycled. Thus, now the protective tariffs allow the state to influence the cost of foreign
companies, which, due to high duties, more profitable to expand and invest in the production
of weapons of Russia than to import it. At the same time Russia will still be able to maintain
domestic production, but this support will have a different format.
The turnover of the "black" arms market will not change significantly due to the fact that
any rifle, produced for the civilian market, a sample of bullets and shells in the files of the
Ministry of Interior. Weapons manufactured in the factory so that every civil rifled barrel leave
unique marks on the bullet and cartridge. Therefore, usually the "black" market, sold
weapons to the army warehouses, which are not identifiable.
According to the report by BusinesStat "civilian arms market analysis in Russia in 2007," there is
no correlation between the legalization of weapons and the growth of the "black" market.
74 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 6. The economic feasibility of the expansion of civil arms trafficking
Large weapons companies operating in the market of small arms and not engaged in the
production of handguns, such as JSC "Izhmash" and JSC "TOZ", will be released to the
market as soon as possible. Market development will require substantial upgrading of
production and processing enterprises platform. Ahead build competencies and the number
of engineering and design staff. Projected increased demand for qualified staff for the
construction, installation, commissioning and so on. Work in factories reconstruction period.
With the increasing growth of demand for self-defense weapon major producers of
"Izhmeh" and JSC "Izhmash" will have to increase production by 3-5 times in a relatively
short time. For this expansion necessary investments that will ensure a profit from the
production and service of the first years. With the market taking into account the scale plants
can get additional investment, despite the financial problems of enterprises, the total volume
of required investments could reach 2-2.5 bln. Rub.
In addition, there is a set of related industries (training for new and modernized weapons
production facilities, production of machinery and consumables, advertising, compulsory
liability insurance, etc.), which are capable of using the banking system to effectively
accumulate the money earned from the production and arms sales. These economic effects
can be estimated at 50% of the total market for goods and services, or 130 - 215 billion
rubles..
Expert report: "On the question of the reform of Russian weapons legislation" 75
D lava 7. Mr. he Citizens society and ORGANIZATIONS
The non-profit sector arms of Russian civil society is in the process of its formation. The
main part of it is a segment of the rifle companies, specializing in the organization of
educational and sports activities with the weapon. The largest such structures in the country
is the Voluntary Society for Assistance to Army, Air Force and Navy (DOSAAF) 77 Russian
Shooting Union 78 The Russian branch of the Federation of practical shooting (IPSC) 79 and the
All-Russian Federation applied kinds of shooting (IDPA) 80 involved in the development of
shooting sports, as well as the Association of shooters dulnozaryadnogo weapons 81 specializing
in the development of the culture of dealing with historical weapons.
There are also hundreds of local communities arms, organized in individual localities for
collaborative practice and competitive shooting events. Thus, in Moscow there are officially
not registered as a public association club "Tactics" 82 including about 500 members
registered shooting club "Saiga" 83 bringing together more than 450 owners of long guns,
"Revolver Club" 84 "Russian weapons" and, for example, in St. Petersburg acts shooting club. 85
77 http://www.dosaaf.ru/
78 http://shooting-russia.ru/
79 http://www.ipsc.ru/
80 http://www.idpa.ru/
81 http://www.blackpowder.ru/
82 http://www.club-taktika.ru/
83 http://www.saiga.ru/
84 http://revolverclub.org/
85 http://ssk-rusgun.ru/
76 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 7. Civil society and organizations
At the moment, Russia has more than 3100 thousand. People, in accordance with the
law who own long guns for hunting. This community is structured in numerous hunting
societies and clubs, whose main task is to organize hunting trips. These organizations range
from local ohotobschestv in rural areas to international institutions such as the Moscow
hunting club "Safari" 86 widely practiced organizing overseas trips for hunting. In addition to the
profile of the work, the organization also provides social activities. For example, late last year
INGO "gun rights" organized a "round table" on which the IOC "Safari" was made by the
representatives of the hunting community with a proposal to legalize short firearms as part of
their problems - protection against aggressive animals and transoms wounded game. In
addition, there is an independent hunting area by handguns, but in Russia it is in the current
legislation can not develop.
Another part of the weapons community can be described as mainly human rights
organizations uniting the supporters of gun owners and changes in the scope of its
regulation on the basis of wider socio-political problems of representing the interests of the
community of weapons or promote its interests. In this segment, it is possible, for example,
specify the INGO "gun rights" 87 NGO "Civil Security" 88
86 http://safariclub.ru/
87 http://vooruzhen.ru/
88 http://zabezopasnost.ru/
89 http://www.samooborona.ru/
90 http://www.vovgo.ru/
91 http://selfd.ru/
Expert report: "On the question of the reform of Russian weapons legislation" 77
Chapter 7. Civil society and organizations
Public organization "Self-defense", created one of the leading experts in the field of
self-defense techniques melee, projecting structure, combines the problems of weapons and
melee segments.
All-Russian Society of civilian weapons owners specializes in legal advice and Advocacy
of its members in cases of armed self-defense, in favor of a limited legalization of handguns
on the principle of collective responsibility of civil society organizations involved in the
process of issuing weapons permits. Public organization "Civil Security" and "civil arms"
specialize in the development of weapons of culture and in favor of granting citizens the right
to short-rifled firearms, above all, in self-defense.
Nationwide, spokesman for the weapons will be created by the community of Russian
weapon Union 92. The main objective of the future organization - association of gun owners
and represent the interests of the community of weapon in the government and the media.
Among the organizational principles of the future union declared an individual's membership
in the organization. The objectives of the organization will influence public opinion in favor of
weapons-grade community, strengthening the country's defense, the development of
shooting sports, science and technology, promote the development of the arms market and
infrastructure, combating illegal arms trafficking, development of hunting and hunting areas,
enhancing legal security of citizens, to contribute to bringing legislation in line with the
interests of the community of weapons, support for veterans of the army and security forces,
the continuity of generations, the transfer receptacle REPRESENTATIONS, skills and
experience of military traditions,
There are also numerous veterans' organizations that are able to ensure the continuity
and promotion of culture of weapons.
92 http://butina.livejournal.com/289635.html
78 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 7. Civil society and organizations
The country is developing infrastructure private shooting ranges. The largest of these is
the rifle range "Object" 93 and shooting club "Patriot" 94 but in the big cities of the account goes
on scores - existing infrastructure able to provide the educational needs of the population in
the case of the legalization of short firearms. This area will receive even more significant
impetus to its development, while today the development of this industry is limited because
of the extremely difficult access to handguns even exclusively for sporting purposes.
There is a developed industry of specialized weapons media, where you can note the
specialized hunting magazines "Rifle" 95;
"The basic Instinct" 96 "Hunting" 97 "Kalashnikov" 98 "The German Guns Magazine» (DWJ) 99, «Sports
Afield» 100, "Hunting and fishing" 101 and others.
Gun owners also incorporates plenty of relevant information sites, forums and social
groups, the largest Russian-language Internet sites of these is guns.ru forum 102. Internet
portal of the supporters of legalization of short-rifled firearms "Vooruzhen.rf" unites adherents
of the idea of expanding the rights of citizens to bear arms 103.
The above citizens' associations are not only spokesmen for the interests of society
as a whole on effective self-defense, but also to individual niche communities:
geologovrazvedchikov, collectors and owners of antique weapons, professional shooters
and hunters.
Along with the growth of mentioning the theme of legalization of short-rifled firearms,
some political organizations
93 http://theobject.ru/
94 http://www.patriot-shooting.ru/
95 http://gun-magazine.ru/
102 http://talks.guns.ru/
103 http://vooruzhen.ru/
Expert report: "On the question of the reform of Russian weapons legislation" 79
Chapter 7. Civil society and organizations
They supported the idea of legalization. Thus, among the parties actively manifested itself with the
Liberal Democratic Party initiated the legalization of weapons reached 23letnego age citizens who
have served in the army. A number of deputies of the Just Russia recognized in the public space
feasibility of the return of the right to arms for certain categories of citizens.
Of the politicians most consistent proponent of legalization is the first Deputy Chairman
of the Federation Council of the Federal Assembly of AP Torshin.
80 Expert report: "On the question of the reform of Russian weapons legislation"
D lava 8 m nternational exPeRience certification
snub rifle
Given that a large part of the world, including countries with similar to the Russian
socio-economic status and level of development of political institutions, have already carried
out reforms in the sphere of civil arms trafficking and have formulated at the legislative level
approach on this issue, studying the experience of foreign countries represented It is
extremely important in determining the appropriate position in Russia. Beyond the survey
deliberately left the cases of so-called failed states (eg Somalia), in which arms trafficking
beskontrolen entirely on the fact of absence of the state and central governments, as well as
a permanent state of civil war.
During the last decades in many countries it legalized firearms or the liberalization of the
relevant legislation. However, in some countries, the regulation was increased. The analysis
shows that the predominant trend towards liberalization of the legislation on firearms in
recent years.
In some countries, the imposition of restrictions on the carrying of weapons was followed
in subsequent periods, an increase in violent crime.
At the same time, in countries where a handgun is legalized, succeeded in reducing the
number of crimes.
There are a number of scientific studies in different years are shown on the basis of
empirical data from different countries, that the tightening of public access to firearms does
not reduce the level of violent crime. 104
104 1993 Report of the Auditor General of Canada. Chapter 27 Gun Control Program. Munday, RAI, and
JA Stevenson (1996). Guns and Violence. Winston Salem, NC: Piedmont Publishing. National Center for Injury Prevention and
Control, Center for Disease Control [NCIPC] 2003. Mortality (Fatal Injury) Reports. Greenwood, Colin (1972). Firearms Control: A
Study of Armed Crime and Firearms Control in England and Wales. London: Routledge and Kegan Paul. Gary Mauser. Gun Control is
not Crime Control. Critical Issues Bulletin. Vancouver, BC: The Fraser Institute. 1995.
Expert report: "On the question of the reform of Russian weapons legislation" 81
Chapter 8. International experience legalize short-rifle
In Canada, from knife wounds killed the same number of people as well as from the
gunshot, 106 and in Australia, the first indicator of twice a second. 107
International experience also shows that the restriction of firearms does not reduce the
suicide rate. 108
Attempts to restrict or even to regulate arms trafficking began relatively recently, and on
a global scale account for no more than a hundred last years of human history.
105 Gary A. Mauser. The Failed Experiment // Public Policy Sources. No. 71 November 2003.
106 Dauvergne, Mia (2001). Homicide in Canada, 2001. Juristat 22, 7.
107 Mouzos, Jenny, and C. Carcach (2001). Weapon Involvement in Armed Robbery. Research and Public Policy
82 Expert report: "On the question of the reform of Russian weapons legislation"
Chapter 8. International experience legalize short-rifle
In Italy, the first policy legislative differentiation of martial and civilian types of weapons
was made in 1935, during the rule of Benito Mussolini. At the moment, a permit to carry
weapons issued by local police department, but this right is limited. The main condition for its
issuance of an Italian citizen is a private enterprise. Right to bear arms is provided for
persons who by occupation is necessary to carry money or jewels: businessmen, owners of
cafes and shops, jewelers, etc. January 22, 2006 the Italian Parliament approved a law that
allows citizens to apply legally registered weapons for self-defense and protection of their
property. 111,112, with the result that the country entered the top ten safest countries in the
world. In Italy, for every
109 http://www.smallarmssurvey.org/
110 Rosstat.
http://www.gks.ru/bgd/free/B12_00/IssWWW.exe/Stg/dk01/7-0.htm
111 http://www.unodc.org/unodc/en/data-and-analysis/homicide.html
112 http://www.istat.it/en/archive/50621
Expert report: "On the question of the reform of Russian weapons legislation" 83
Chapter 8. International experience legalize short-rifle
100 inhabitants 12 firearms 113 which is one third greater than the Russian indicators.
In France, the current law on weapons is based on the Decree - Law, adopted April 18,
1939, the Decree of 12 May 1973 and 25 November 1983, as well as the relevant European
Union directives relating to arms trafficking issues. All of the main provisions of these
documents are reflected in the following innovations in the field of weapons legislation.
French armory legislation, prior to the signing of the Schengen Agreement, was very liberal. All weapons classified as
civil, including short-and, being in a declarative (declarative) recording mode. Smooth-bore hunting guns were not
registered, they were wearing free. The largest changes in the weapons of law have occurred in connection with the
adoption of the Parliament of 6 May 1995 Decree number 95 - 589. The decree made significant changes regarding the
authorization for the purchase of weapons and filing of returns. Previously existed for several decades declarative
procedure for registration of the purchased weapons, many weapons were abolished. strict licensing rules were introduced,
providing the need for mandatory pre-authorization for the purchase of weapons, especially the short-and long-barreled
rifled semiautomatic (self-loading). The decree banned to civil turnover all military weapons and explosive weapons. ban
was introduced on the wearing of pistols and revolvers without special permission, as well as military edged weapons
(including martial arts weapons). A particular point of a ban on the purchase, transfer, selling, storage, transportation or
carrying of weapons by persons under 21 years (of age), including gas, pneumatic and so-called close imitation firearms.
The decree banned to civil turnover all military weapons and explosive weapons. ban was introduced on the wearing of
pistols and revolvers without special permission, as well as military edged weapons (including martial arts weapons). A
particular point of a ban on the purchase, transfer, selling, storage, transportation or carrying of weapons by persons under
21 years (of age), including gas, pneumatic and so-called close imitation firearms. The decree banned to civil turnover all
military weapons and explosive weapons. ban was introduced on the wearing of pistols and revolvers without special
permission, as well as military edged weapons (including martial arts weapons). A particular point of a ban on the purchase,
transfer, selling, storage, transportation or carrying of weapons by persons under 21 years (of age), including gas,
However, the existing law on small arms shall not apply to hunting and sports
organizations, whose activities in France and so strictly regulated, and their weapons
113 http://www.smallarmssurvey.org/
84 Expert report: "On the question of the reform of Russian weapons legislation"
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and before that it was under control. It did not affect the restrictions and occupational
categories of users and owners: the police, the gendarmerie, the military, etc. In the
presence of the hands of the people significant amounts of arms (some hunting rifles there
are more than 2 Mill. Units), despite the fact that it is not used in the area of criminal
legislator considered necessary to introduce regulatory rigid arms turnover.
However, even the French lawyers, there is some confusion weapons legislation. law
rules allow a different interpretation of them requires a certain legal qualifications and skills
for error-free use of articles of the Decree in everyday practice.
Control over the circulation of weapons assigned to the General Inspectorate of the Ministry
of Defense of France, and the procedure for registration of weapons (by category) and the
issuance of relevant permits - at the local prefecture, police stations and gendarmerie brigades.
For every 100 inhabitants 31 firearm 114. The level of violent murders in the country rose
slightly for a certain period, having risen from a value of 0.9 cases per 100,000 inhabitants
in 1976 115 to 1.09 in 2009 116.
In Germany, the first temporary ban civilians from possessing firearms accounted for
the revolutionary period of the Weimar PE
114 http://www.smallarmssurvey.org/
115 http://www.parliament.uk/commons/lib/research/rp99/rp99-056.pdf
116 Eurostat. http://epp.eurostat.ec.europa.eu/cache/ITY_OFFPUB/KS-SF-12-006/EN/KS-SF-12-006-EN.PDF
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republics of when coming to power in a military mutiny Social Democratic Party introduced
appropriate restrictions, fearing an escalation of the revolution on the part of radical
Communists. This measure was temporary and has led to the fact that in the hands of the
population was about 2 million. Unregistered weapons, as a rule, military-style. Later, in the
period of stabilization of the political system in 1928 the turnover attempted to legalize and
regulate, legislate the right of citizens to own guns. The ban is partially returned to the force
in the Nazi period since 1938, when it was forbidden to civilians possession and carrying of
handguns.
The occupation period from 1945 all firearms in Germany for civilians was prohibited, but
since 1956 in West Germany the corresponding prohibition was repealed. about weapons of
sample 1972, the law did not provide for no restrictions on the circulation of civilian weapons
(in particular, without a license has been designated turnover and dulnozaryadnogo antique
weapons), but wore the antiterrorist front. At the moment, the legislative regulation of civil
circulation of weapons in Germany enables both long-barreled and short-weapons. To
resolve them wearing required to obtain a separate license. There are more than 10 million.
Legal weapons in more than 2 million. Owners. Saved post-war problem of significant
segments of the "black" market weapons, totals to 20 Mill. units. In terms of saturation of
weapons in the hands of the population of Germany is one of the most militarized countries
in the world ranking on this indicator 15th in the world with 30 weapons for every 100 people
in the country 117.
At the same time, Germany is among the ten countries with the lowest level of violent
crime, the annual rate of murders per 100 thousand. Residents of the country amounted to
0.84 118 having clearly expressed tendency to reduce the number of murders declined by
almost half since 1974 119. Despite the fact that most of the weapons (approximately 70%) HA
117 http://www.smallarmssurvey.org/
118 http://www.bka.de/nn_224658/DE/Publikationen/PolizeilicheKriminalstatistik/pks__node.html?__nnn=true
119 http://www.parliament.uk/commons/lib/research/rp99/rp99-056.pdf
86 Expert report: "On the question of the reform of Russian weapons legislation"
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hoditsya in illegal circulation, 97.5% of violent crimes victims are not victims firearm, 80% kill
are not victims firearm.
The use of firearms in offenses decreased from 0.8% to 0.3% with simultaneous
increase in the number of legal weapons 120. Meanwhile, 0.3% of the crime in 74% of cases of
threats and the use of weapons use gas / alarm and pneumatic weapon 121. The use of legal
and illegal weapons crimes in Germany is in the ratio of 1 to 10. The number of crimes
associated with the shooting, in the same period was reduced from 0.5% to 0.1%. From the
same number of 35 - 40% is impermissible shooting unrelated to abuse, such as road signs.
The total number of crimes related to the use of weapons during the period from 1971 to
1994, decreased by 60% 122.
In Austria Federal Law "On weapons" of 1997 prohibits the possession of firearms and
machetes to persons under 18 years of, as well as suffering from drug addiction or
alcoholism, subject to mental illness, convicted previously for violent crimes, and persons
with respect to whom there are suspicion that the possession of the weapon could endanger
the life, health or freedom of citizens. By owning citizens banned the following types of
weapons: guns, disguised as or similar to other items; firearms, which can be folded,
shortened over conventional rules for hunting or sports weapons; gun, a total length less
than 90 cm or Me a barrel length of 45 cm; pump action shotguns; firearms equipped with
silencers shot; all kinds of Army and automatic weapons.
Under the Act, all other types of weapons are divided into three categories: firearms,
which can be acquired only by the resolution of the internal affairs bodies ( «B» category);
firearms subject to mandatory registration after purchase
120 http://www.mek-schuetzen.de/PDF/fakten.pdf
121 http://www.bka.de/nn_193360/DE/Publikationen/JahresberichteUndLagebilder/Waffenkriminalitaet/
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(Category «C»); other weapon that is not prohibited, and not falling under the «B» and «C»
(category «D») category.
By the «B» category include pistols, revolvers, multiply and self-loading rifles,
semi-automatic weapons. Authorization for the purchase and possession of weapons in this
category are issued by the Ministry of Interior of Austria "after due diligence" to persons over
21 years who can "bring a reasoned justification for this kind of possession of weapons" for
self-defense.
The category "C" includes shotguns, rechargeable by hand (non category «B») for firing
a shot and a caliber of 5.6 mm. Their sale is carried out by persons over 21 years. After the
purchase of weapons must be registered within 4 weeks in the local Ministry of Internal
Affairs.
Everything else is not prohibited weapon is «D» category. In relation to the acquisition
and ownership of gas and air weapons, and belonging to the «D» category, there are only
age restrictions - '21 123.
In this country, where every 100 people 30 weapons, 124 -
one of the lowest homicide rates in the world, lower than in Japan, and is 0.56 cases per
100 thousand people 125,126.
In Hungary, after the Second World War possession short firearms were prohibited until
September 1991, when the government allowed citizens to own as a long-barreled and short
arms. Formally, a pistol or a revolver can be bought as a hunting, sporting or collector, but
not as a self-defense weapon. The right to bear arms have only members of parliament and
government officials, judges, prosecutors, mayors and other officials. For the latest period,
the level of homicides in this country has declined from 4 murders per year for every 100 000
inhabitants in 1991, 127 to 1.39 in 2009 128.
123 http://www.samooborona.ru/1polozov.html
124 http://www.smallarmssurvey.org/
125 http://epp.eurostat.ec.europa.eu/cache/ITY_OFFPUB/KS-SF-07-015/EN/KS-SF-07-015-EN.PDF
126 http://epp.eurostat.ec.europa.eu/cache/ITY_OFFPUB/KS-SF-12-006/EN/KS-SF-12-006-EN.PDF
127 http://www.parliament.uk/commons/lib/research/rp99/rp99-056.pdf
128 http://www.unodc.org/unodc/en/data-and-analysis/homicide.html
88 Expert report: "On the question of the reform of Russian weapons legislation"
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Bulgaria currently has a law on the control of explosives, weapons and ammunition,
adopted in November 1998. The law allows citizens of Bulgaria have pistols and revolvers
for self-defense and sport. To carry handguns for self-defense must obtain a separate permit
to the Ministry of Internal Affairs. The open carrying of weapons is prohibited, as is forbidden
to carry a pistol or a revolver during a visit to the various social and sporting events. Ministry
of Internal Affairs has the right to confiscate weapons and to cancel a license to own them
for a period of one to five years if a weapon was used without good reason, and posed a
threat to the life or health of citizens. If the weapons have been used in a state of alcohol or
drugs,
In October 2007, the Bulgarian Parliament in the first reading approved the introduction of a
total ban on the possession of automatic weapons, nevertheless for the Ministry of Interior left
right to allow citizens to have such weapons in exceptional cases.
The homicide rate in Bulgaria has decreased from 4.61 murders per year since 1998, for every 100
In the Czech Republic in the current form of the law on weapons was adopted in March
2002, entered into force in 2003. Act divides weapons into four categories - disallowed,
requiring the permission requiring the declaration and so on - and sets for each category of
ownership rules and wear. For civil transactions prohibited army weapons disguised as other
items and made of composite materials. However, for shooting training can obtain a permit
and a weapon. Obtaining required permits for arms, the length of which is less than 28 cm,
semi-automatic, semi-automatic or long-barreled, store which can hold more than three
rounds. You must declare the non-automatic
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and gas weapons. The law expressly stipulates that in case of justified need, you can obtain
a permit to carry a weapon of any category. A permit to own and carry weapons issued to
persons over 21 years, but for sport to use arms can be 15 years. Validity - five years, then it
must be renewed.
The country has about 16.3 firearms per 100 inhabitants 131. The level of criminal murders
fell from 2.3 victims per year per 100,000 inhabitants in 2002 132 to 1.67 in 2010 133.
In Norway, the law on weapons was adopted June 9, 1961. The country has allowed the
purchase of long-barreled firearms to 18 years, snub - 21 years. With the approval of a
parent or guardian and with the permission of the local police authorities to own a gun or rifle
can be 16 years. The main reasons, according to which the police allows possession of
weapons are hunting and target shooting. For the acquisition and possession of weapons
necessary to get police permission and pass an examination on the legal, theoretical and
practical bases of the use of weapons. Norway has banned the possession of automatic
weapons in the rest of the legislation is very liberal and allows possess many types of
firearms. In order to become the owner of a pistol or revolver, it is necessary for some time
(as a rule, six months) be a member of a shooting club, and periodically thereafter to take
part in competitions. Wearing handguns allowed. Norwegian armory legislation also imposes
strict requirements for storage of weapons: it must be kept in a safe bolted to the floor or
wall.
Sometimes the residents of Norway, the authorities require to carry weapons. So, in
2007, pupils and students who live on the islands of Svalbard, was forbidden to leave the
settlements beyond the unarmed and because of the danger of ammunition being attacked
by polar bears.
131 http://www.smallarmssurvey.org/
132 http://www.policie.cz/clanek/statisticke-prehledy-kriminality-327216.aspx
133 http://www.policie.cz/clanek/statisticke-prehledy-kriminality-650295.aspx
90 Expert report: "On the question of the reform of Russian weapons legislation"
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The country is a world and European leader in the number of weapons held by the
public. Total this ratio reaches 36 firearms for every 100 residents 134.
Murder rate slightly decreased from 0.7 cases per 100,000 inhabitants in 1976 135 to 0.68
in 2010 136. For this indicator, the country ranks among the safest countries in the world.
In Sweden, the citizens carrying weapons is prohibited, but there are no restrictions on
the typological storage of different types of small arms 137. The number of weapons in the
hands of the population is measured by 31 units per 100 inhabitants 138 and the crime rate
measured 0.83 homicides per 100,000 inhabitants in 2011, having a downward trend 139.
In Finland, citizens are allowed to purchase and store short-and long-barreled weapons
for hunting, target shooting, shooting films or presentations without the right to wear it. The
country is ranked second in Europe after Switzerland, the relative amount of weapons in the
hands of the population, as measured by 45 firearms for every 100 residents 140. The crime
rate has dropped from 3.3 murders per 100,000 inhabitants in 1976 141 to 2.1 in 2011 142.
In Estonia, the law on weapons was adopted in 1995. In accordance with the country's
adult citizens were granted the right to acquire, keep and bear firearms, including short-but
not automatically. To this end, in addition to presenting the relevant certificates, you must
pass an exam on knowledge of the Weapons Act. Minister of Internal Affairs of Estonia -
Parek Lange said that the Ministry of Interior of the Republic is not in a position to stick the
police to every home or person.
135 http://www.parliament.uk/commons/lib/research/rp99/rp99-056.pdf
136 http://www.ssb.no/english/subjects/03/01/10/dodsarsak_en/tab-2011-10-14-01-en.html
137 http://library.by/portalus/modules/internationallaw/readme.php?subaction=showfull&id=1095958036&archiv
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The amendments were made in June 2001. According to them it was canceled for a
single owner for the presence of weapons of weapons cabinet to store it. Estonian citizens
were allowed to have more than eight weapons, but in this case they were obliged to be
equipped with special storage alarm. Collectors were given the right to own army weapons,
which are prohibited for civilian use. In addition, the new law introduced a provision on the
suspension of the license, while the original version only assumed its cancellation. The new
legislation eliminated the requirement to conduct the certification of weapons and
ammunition, as well as register weapons. In early 2006, we entered into force further
changes in the weapons legislation of the country. Among them - the resolution on the use of
silencers in shooting galleries, cancellation of registration for the traumatic weapons permit
for the temporary transfer of weapons to another person (if it has permission to bear arms),
the possibility of obtaining a permit for sporting guns with 15 years. Non-citizens of Estonia,
who have a permanent residence permit, granted the right to collecting weapons and the
right to a weapon for self-defense and they have to these amendments.
1.3 million inhabitants of the Republic for more than 123 thousand. Firearms 143. The
murder rate in 1995 decreased from the mortality rate per 100 thousand inhabitants with
16.58 144,145 to 6.3 homicides in 2010 146.
143 http://www.smallarmssurvey.org/
144 http://www.google.com/search?q=cache%3Ahttp%3A//www.unodc.org/pdf/crime/seventh_survey/7sv.pdf
145 http://www.google.com/search?q=cache%3Ahttp%3A//www.unodc.org/pdf/crime/sixthsurvey/publication_
by_variable_screen.pdf
146 http://pub.stat.ee/px-web.2001/Dialog/varval.asp?ma=JU001&ti=RECORDED+OFFENCES+BY+DEGREE
92 Expert report: "On the question of the reform of Russian weapons legislation"
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Jia is valid for a year, after which you want to receive it again. The law allows to own
non-automatic pistols and revolvers caliber of not more than 9 mm, and should not be worn
for more than two units of handguns. Latvia has banned rifles shotguns and rifles, and
alteration of gas weapons for firing live ammunition. Each weapon must be registered with
ballistic file cabinet.
can not own a gun is not the country's citizens, as well as having a previous conviction
for premeditated crimes, the mentally ill, alcoholics and drug addicts. If the police have data
on the country's human belonging to a forbidden militias, political parties or civil society
organizations, on the gun permit will not be issued. For collectors of restrictions on the
number of weapons in no property.
The number of murders in the country has decreased from 11.45 cases per year for
every 100 thousand inhabitants 147 to 3.6 homicides in 2010 148. For every 100 people in the
country accounts for 19 firearms 149.
In Lithuania, the first post-Soviet law on the control of arms and ammunition was passed
July 2, 1996, its new version - January 15, 2002. The law prohibits civil turnover army, auto,
home-made weapons, low noise and armor-piercing bullets, laser sights. The reasons on
which the country's citizens can own a gun, includes self-defense, the occupation rifle sports,
hunting, and professional needs, collecting and others. A permit to own handguns issued to
23 years, its duration is five years. Information about the weapon and its owner entered in
the state register of arms. Gun laws in Lithuania allows the presence of the holder at any
time no more than 300 rounds of ammunition for all weapons, which is a citizen. For people
The available
147 UN data.
http://www.google.com/search?q=cache%3Ahttp%3A//www.unodc.org/pdf/crime/sixthsurvey/publication_ by_variable_screen.pdf
148 http://data.csb.gov.lv/Dialog/varval.asp?ma=SK0010a&ti=SK01.+NUMBER+OF+RECORDED+CRIMES
+ + + & Path = .. / DATABASEEN / Iedzsoc / Annual% 20statistical% 20data / 13.% 20Public% 20order% 20and% 20 justice / & lang = 1
149 http://www.smallarmssurvey.org/
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boiling license for sports shooting, the allowed number of rounds is 1 thousand. The wearing
of handguns are allowed, but the law requires it hidden wearing. can not own a gun with a
criminal record for intentional crimes or offenses committed in a state of alcoholic or narcotic
intoxication.
The law prohibits the carrying or transporting weapons if the blood alcohol content owner
of the weapon than 0.4 ppm, and if a person is under the influence of drugs.
The crime rate since 1995 in the country fell from 13.51 murders per 100 thousand
inhabitants 150 to 5.6 murders in 2009 151.
Georgia is currently regulated weapons trafficking Act 2003. Weapons which may own
citizens, divided into three categories: civil, service and military. Civilian weapons is divided
into self-defense weapon, sports, hunting and collection weapon. The citizens of Georgia the
right to keep short firearms, but to wear it is forbidden. Wearing pistols and revolvers are
entitled only to the representatives of public authorities and law enforcement agencies. the
homicide rate from 2003 to 2010 declined from 6.6 cases per 100,000 inhabitants to 4.1. 152
In Moldova, the first law on weapons was adopted on 18 May 1994, amendments were
made to it five times in 1998 - 2005. The right to own and carry weapons in the Moldovan
citizen gets 18 years, unless there are medical contraindications. The use of arms can not be
a person who has outstanding conviction, systematically violating public order, previously
owned a weapon, but it has lost through his own fault. By owning and wearing in the country
allowed the caliber pistols up to 9 mm caliber pistols and not more than 9 mm chambered for
"magnum". The law does not specify the method of carrying weapons - concealed or openly.
Weapons permit gives the Interior Ministry, all the information about acquisitions in the
weapon is transferred to the state register of weapons. At each new pri-
152 http://www.unodc.org/unodc/en/data-and-analysis/homicide.html
94 Expert report: "On the question of the reform of Russian weapons legislation"
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obtains by weapons necessary to obtain a new permit. The number of such permits is not
limited by law, but the limiting factor is the cost of handguns: the minimum cost of a pistol or
revolver is about 300 dollars, which is quite expensive for most people in Moldova. In spite of
this 3.5-million population of the country has 236 thousand. Civil weapons. 153
The statistics of murders positive changes are observed in the country, as expressed in
their decline to the level of 8.39 murders per year for every 100 thousand inhabitants in
1995, 154 to 5.9 murders in 2007 155.
In Switzerland, 18 years, citizens have the right to acquire both civilian and military
models of weapons. Separately issued a permit to carry weapons, if a citizen of the country
can justify the need to carry weapons for self-defense or defense of others or property.
Swiss Army militia is completed by the principle that applies especially to own nationals
weapon. Several times a year the army reservists go on fees and charges between the
government-issue weapon soldier or officer (assault rifle, pistol or even a grenade launcher
and a machine gun) is stored at his home. At least once a year, law enforcement officers
checked, as weapons are stored, and whether it was used illegally. Upon reaching 60 years
of age citizens hand over service weapon, or if you want to leave it to itself. 156.
27% of citizens have firearms ownership excluding military units 157. By the number of
weapons in the hands of the population in this country is the third largest in the world, with
45.7 weapons per 100 inhabitants 158. According to the level of crime Switzerland consistently
ranks in the top ten safest countries in the world, with an annual amount
153 http://www.smallarmssurvey.org/
154 United Nations Office on Drugs and Crime. Division of Policy Analysis and Public Affairs.
http://www.google.com/search?q=cache%3Ahttp%3A//www.unodc.org/pdf/crime/seventh_survey/7sv.pdf
155 UN data. http://www.unodc.org/unodc/en/data-and-analysis/homicide.html
156 http://www.aferizm.ru/criminal/ludi_i_oryjie.htm#Швейцария
157 http://www.protell.ch/
158 http://www.smallarmssurvey.org/
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Kill 0.66 incidents per 100 thousand inhabitants 159. This is largely due to not only the right but
also the duty of citizens to use weapons in order to prevent violent crime.
In the Netherlands, in the current rules of gun ownership are governed by the law of
2005. It allows the possession of any kind of short-and long-barreled weapons, except for
fully automatic. possession of the weapon system in the Kingdom is based on the shooting
club. Tips clubs approve the application of their members for the purchase of weapons,
confirmed its intention to acquire weapons to the police, restrict the purchase of weapons for
its type (for example, if the club does not own shooting range and firing range of the rifle, it
does not endorse the statement by its members for the purchase of rifles). To save your
license, you should regularly take part in competitions. So, in Amsterdam the minimum
number of competitions in which we must take part in order to maintain the license, is 13 per
year. Carry a weapon is prohibited in the Netherlands.
The weapon has a 1.9% "farms", ie, 14 times less than in Switzerland 160. However, the
number of murders by 30% more. By means of a firearm in the Netherlands made 2.7
murders per 1 million inhabitants, Switzerland -. 4.6. Considering the saturation index arms -
7% of the level of Switzerland, the frequency of use of firearms in Holland above 59%.
The total homicide rate since 1976 161 to 2010 162 It is on the same level of 0.8 homicides
per 100,000 people per year, while in Switzerland there is a long-term trend to reduce them.
In Great Britain throughout the twentieth century, with the first restrictive law in 1903,
gradually increasing state regulation of arms trafficking, reaching its peak in 1997, with a
significant tightening of the conditions of ownership by citizens rifles
159 http://epp.eurostat.ec.europa.eu/cache/ITY_OFFPUB/KS-SF-12-006/EN/KS-SF-12-006-EN.PDF
160 http://www.smallarmssurvey.org/
161 http://www.parliament.uk/commons/lib/research/rp99/rp99-056.pdf
162 http://statline.cbs.nl/StatWeb/publication/?DM=SLEN&PA=7052eng&D1=89,92&D2=0&D3=0&D4=l&LA
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and a complete prohibition of the country's civil ownership barreled rifles. The number of
crimes against the person for several years has almost doubled since 1997 Total number of
crimes against the person rose from 400 to 100 thousand. Residents in 1988 to nearly 1,400
by 100 thousand. Residents in 2000 163 the number of homicides increased from 1.24 cases
per 100 thousand inhabitants 164 to 2.1 murders in 2002 165. All the years of tightening weapons
legislation in the country of England made its way to the growth in the number of murders of
0.79 killed per 100 thousand people per year in 1950 to 1.2 in 2010 (whereas in the United
States in liberalization arms trafficking is bucking the trend.: 5.3 homicides in 1950 to 4.5 in
2010) 166. In England, the sample in 1900, when state regulation of arms trafficking in the
country is completely absent, the homicide rate was 60% lower per capita than in England of
1997, a very strong level of regulation antioruzheynogo 167. The number of crimes against the
person using handguns has increased from 2600 in 1997 - 1998 to 3600 in 1999 - 2000. The
total number of crimes involving firearms rose by 200% in ten years 168. In England and Wales,
registered weapons appears in 13-16% of murders 169.
It is significant here that the basis for the next tightening of legislative regulation of arms
trafficking has become a case of the massacre of 16 people in 1988 in 1987 in the city Hungerford,
where killer Michael Ryan for 8 hours shoot people, and the local population, and even the
police have not been able to resist the criminals because they have no firearms.
Before tightening the other weapons legislation, in 1996, Thomas Hamilton, who suffered
from mental illness (what was known to the police), present themselves with a legally
purchased guns, went
163 Home Office 2001; Federal Bureau of Investigation 2003 Table. 1
164 http://www.parliament.uk/commons/lib/research/rp99/rp99-056.pdf
165 http://www.unodc.org/unodc/en/data-and-analysis/homicide.html
166 http://smallestminority.blogspot.com/2011/07/here-we-go-again.html
167 http://www.parliament.uk/documents/commons/lib/research/rp99/rp99-111.pdf
168 http://www.inliberty.ru/library/study/318/
169 Home Office 2001 Table. 3D
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in the primary school of the Scottish town of Dunblane and opened fire. He killed 16 children
and one teacher and wounded another 10 students and three teachers, and then committed
suicide 170. According to information provided to the Commission Cullen, several shooting clubs
not only rejected a request by Hamilton for membership, but also asked the police to cancel
the permit issued to him. However, no action on their request was not accepted 171.
Currently in the UK there is an inverse legislative trend towards the expansion of legal
civil self-defense capabilities.
Citizens of Israel in 1949 have the right to possess firearms. At present, the right to
purchase and possession of a weapon is any citizen who served in the army. Members of
the self-defense groups and the residents of the Palestinian territories have the right to own
and carry automatic weapons, even the army. Weapons may be in possession of drivers of
public transport and taxis, jewelers, former members of the security forces, as well as those
whose work or other activities associated with regular trips to the Palestinian or other
dangerous areas. To obtain permission to own weapons is necessary to pass the test of
obedience to the law, to pass courses safe handling of weapons and firearms training. After
receiving permission, you can acquire weapons ownership.
The crime rate in the country remains at low: 2.1 murders per year for every 100
thousand inhabitants 172. It is revealing at the same time the successful experience of Israel in
opposition to its armed citizens in terrorist activity.
In the United States based on civil firearms is the Second Amendment to the
Constitution, which states: "A well regulated Militia, being necessary to the security of a free
State,
170 Ibid, 203
171 Cullen, 1996
172 Statistics Israeli crime.
http://www.cbs.gov.il/reader/
98 Expert report: "On the question of the reform of Russian weapons legislation"
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right of the people to keep and bear arms shall not be infringed. " Regulation of civilian
weapons trafficking is almost completely determined by the legislative policy of the individual
states, which range from a complete ban on carrying weapons to no license for it. In this
case there is a clear tendency to reduce the restrictive policies in the states. In the 20 years
from 1986 to 2006, the number of states where the issue of licenses to carry concealed
weapons by citizens has increased from 9 to 40 173. Number of states with the free circulation
of firearms without a license in recent years doubled to four.
At this point in the country in the hands of the population is not less than 230 million.
Weapons 174 taking into account the illegal turnover, it suggests that the United States is the
country with the largest armed civilians both in absolute and in relative terms (about 90
weapons for every 100 inhabitants 175). According to the Gallup Center, 47% of the adult
population of America declare that store Home firearms, which is a record. In the past year
the number of such people was 41%. About 43% of American women keep weapons at
home. Most weapons in the hands of the population in the south of the United States (54%)
and the Midwest (51%). On the east and west, the number of gun owners is respectively
36% and 43% 176 leading to the conclusion of an increasing number of legal gun owners in
areas with high crime danger.
Since 1986, US citizens are prohibited from having automatic weapons (rifles and
machine guns). This prohibition does not apply to weapons acquired before 1986. One of the
most serious attempts by the authorities to limit the circulation of weapons is reflected in the
adopted on 13 September 1994 by the US Congress control laws of the Violent Crime
Control and Law Enforcement agencies, which has been associated with the resonance of
the Government armed clashes and orthodox groups in the Ruby Ridge and Mount Carmel.
Part of that law was the so-called law of
173 http://onlygunsandmoney.blogspot.com/2011/12/every-picture-tells-story-part-two.html
174 http://onlygunsandmoney.blogspot.com/2011/12/every-picture-tells-story-part-two.html
175 http://www.smallarmssurvey.org/
176 http://www.vz.ru/news/2011/10/27/533780.html
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ban assault weapons (Federal Assault Weapons Ban). The law prohibits the production and
possession of 19 types of semi-automatic weapons (under the ban hit, for example,
semi-automatic modification of the Kalashnikov assault rifle, the Israeli UZI and Galil, a
civilian version of the famous M16, Colt AR-15), as well as the limited capacity of shops of all
civilian weapons ten rounds. After 10 years, in September 2004, the law is slacked, and the
US Congress did not renew its action. Currently, 23 states out of 50 are allowed to open
carry weapons. Concealed carry weapons without restrictions allowed in 38 states (Alaska
and Vermont do not need permission to bear arms), banned in two states: Wisconsin and
Illinois (in the latter it is forbidden to carry arms). Right to bear arms the inhabitants of the
country's capital (Washington,
In the United States it takes place on different data from 108 thousand (except when the
danger was implicit:. (Opponent did not have time to take action, or limited to verbal threats) 177
to over 2.5 Mill. applications for self-defense weapon (including without firing) 178. In
self-defense weapons in the United States used 60 times more often than to commit crimes 179.
And in most cases (80%) it is limited to the "psychological" counterattack on the offender,
without killing or wounding 180. Only one of the thousands of cases of the use of weapons in
self-defense occurs fatal striker 181.
In Orlando in 1966 rape was 36.9 cases per 100 thousand. Population. Women began to
buy guns. The police offered to all who wish to free training courses on safe gun handling
techniques. In 1967, the rape rate dropped to 4 cases per 100 thousand. HA
resistance-to-crime.html
179 http://thinkinggunfighter.blogspot.com/2012/03/self-defense-findings.html
180 http://www.justfacts.com/guncontrol.asp
181 David McDowall & Brian Wiersema, The Incidence of Defensive Firearm Use by US Crime Victims, 1987
Through 1990, 84 AM. J. PUB. HEALTH 1982 (1994); UNDERSTANDING AND PREVENTING VIOLENCE 265 (Albert J. Reiss &
Jeffrey A. Roth eds., 1993).
100 Expert report: "On the question of the reform of Russian weapons legislation"
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village. In 1968, police conducted a study - neither of the women who received training, did
not use a weapon to assault, murder, suicide threats. There have been no accidents even
with a gun.
In response to the swamped Florida crime wave in 1987, the state government had
allowed citizens to have and carry with them a loaded gun. The following year, crime has
decreased by 21%, while the country as a whole, it rose by 12%, the number of murders
decreased by 22% and the use of firearms by 29%, the same average in the country rose by
15% and 50 %, respectively. From 1 October 1987 to 28 February 1994 by the authorities in
Florida have been issued 204,108 permits, of which only 17 permits (0.008%) were
withdrawn because the owner later committed a crime (not necessarily highly dangerous) in
which weapons were present.
At the same time against the backdrop of increasing the volume of weapons and the
number of its owners tend to reduce the number of accidents related to firearms, so, in
particular, from 1910 to 1999, the number of such incidents declined from 1900 accident
deaths per year to 800 in 1991 for every 100 thousand people fall in this index was from 1.4
to 0.82 183. Similar trends are observed in ob-
182 According to the Audit Bureau of circulation of alcohol, tobacco and weapons (BATF)
183 http://www.emergencypreparednessdepot.net/v/THE-WORLD-ACCORDING-TO-MURDER/
Expert report: "On the question of the reform of Russian weapons legislation" 101
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domain reduction in homicides by firearms 184. In the states where citizens are allowed to carry
guns, violent crime decreased faster than in the rest 185.
Of the 579 000 highly dangerous crimes committed every year, 70% are made 7% of
criminals, many of whom - recidivists or amnestied, or on probation or released on bail.
In this case, if only 4-14% of robbers used a firearm in Australia, Canada and England,
in the United States - almost half (42%). Studies show that if a robbery offender threatened
the victim of his firearm, the case rarely ends with injury 186.
In the countries of the British Commonwealth from 4% to 20% of suicides used firearms.
In the US, just over half of suicides (56%) is made with its use. Despite this, the overall
suicide rate in the United States is lower than in Australia or Canada 187.
In Vermont and Wyoming, the states with the free sale of weapons without a license, fixed by
1.0 and 1.9 murders per year for every 100 thousand. Man. In Virginia, where it is possible to
carry a weapon without a license, the murder rate in the same period (2007) amounted to 5.3 per
100 thousand. Man. In the District of Columbia, which operated the toughest in the country legal
restrictions on weapons (also forbidden to sell and buy weapons, not to mention wearing
forbidden to bring a weapon within the District) has been committed
30.8 murders per 100 thousand. Man. During the stay in the possession of a weapon for the
citizens of Washington homicide rate increased by 134%. In general, the US states that
allow concealed carry charged
184 http://www.netvalley.com/road_stat/firearms.htm
185 Cm. Work of Professor John Lott Lott 2000
186 These trends demonstrate the data from the report on the overall level of crime
(Uniform Crime Reports), which can be found on the website of the Federal Bureau of Investigation - http: // www.fbi.gov/ucr/ucr.htm
102 Expert report: "On the question of the reform of Russian weapons legislation"
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Nogo arms, the general level of criminal manifestations below 22%, the level kills 33%,
robberies 36%, 37% robberies and serious injuries to 14% lower than the average of the
states where there is no such permission 188.
The downward trend in the United States the level of violent crime is observed from the
90s of the last century on the background of a significant increase in the number of gun
owners and the state, where its turnover is simplified, and wearing authorized. Meanwhile,
18 of the 25 countries in the study by the British Home Office, violent crime rates in the
1990s, has increased 189.
In Canada, since 1892 residents required permit to carry a handgun, and the sellers
were required to keep a record of sales of such weapons. In 1934 it introduced compulsory
registration of weapons by the police. In 1977, the authorities have introduced a certificate
for the right to purchase arms and automatic weapons banned. Since 1991, wishing to
acquire weapons required to undergo weapons safety course. In addition, a ban on shops
capacity of more than 10 rounds (5 rounds for semi-automatic weapons) and set the waiting
time between the receipt of license and acquisition of weapons in 28 days. The current gun
law passed in 1995.
188 http://www.ucrdatatool.gov/Search/Crime/State/StatebyState.cfm
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Currently, to get permission to use a long-barreled weapon can even children younger
than 12 years. It's enough to convince the local authorities of the need to use weapons to
hunt in order to ensure family. As a rule, possession of a firearm 18 years old. Forbidden
arms in Canada considered revolver or pistol with a barrel length of less than 105 mm and
6,4 mm caliber and
7.8 mm, shotguns and rifles with a barrel length of less than 457 mm or the total length of
less than 660 mm, automatic weapons. Totally prohibited to civilian firearms trafficking
patterns used in the armed forces of the country. A permit to carry weapons of Canada
citizen can obtain if required by duty, or for self-defense and the protection of third parties.
The next wave of tighter regulation of arms trafficking in the case was preceded by a
mass shooting. December 6, 1989 Marc Lepen (born Gamil Gharbi) went to the territory of
the University of Montreal. He wandered through the building of the Faculty of Engineering,
shooting at anyone who got in his way, and shouted insults against feminists. Going into one
of the classrooms, he drove out all those present for men and women shot. Altogether he
killed 14 women and wounded 13 more students, including four men and then shot himself.
Police arrived at the scene only if the perpetrator was already dead. Of the nearly three
hundred students and teachers who have met him, no one tried to stop the killer. Most
obeyed his orders. The investigation indicated that the type of weapon that was used by the
killer,
In 1970 - 1980-ies in Canada, introduced severe restrictions on the possession and acquisition of
weapons. So, in 1978 the authorities launched a campaign to restrict the sales of arms to the
population and its withdrawal. The result: from 1978 to 1986, the increase in crime was 45%, and in
the northern states of the USA, where such restrictions were not introduced, the growth was not a
crime.
In Canada, for every one hundred residents account for 31 units of firearms 191. Possess a
firearm more than 6 million. Citizens. Only
191 Small Arms Survey, the UN http://www.kommersant.ru/doc/1009787
104 Expert report: "On the question of the reform of Russian weapons legislation"
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5% of Canadian gun owners have indicated among the main purposes of self-defense, 13%
said among those shooting at targets and 73% - hunting 192.
In relation to the average structure of the Canadian population among them more than men
and middle-aged people, they tend to be somewhat lower level of education, but the income
level is higher than the average 193.
80% of deaths from firearms suicides up 194. Antioruzheynoe law 90-ies of the last century
affected the decrease in the number of suicides involving firearms, but the total number of
suicides continued to grow 195.
Canadian authorities use reduction in the number of murders and violent crime in the
country as evidence of the effectiveness of the new law. However, in the United States over
the same period nearly 40 states have liberalized their laws on weapons, the number of
murders decreased at a faster pace 199. In the United States between 1991 and 2010
quantitative
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GUSTs murders dropped from 10.5 to 4.8 per 100 thousand inhabitants 200 and in Canada -
from 2.7 to 1.62 201. Thus, if in the past ten years after antioruzheynoy reform in Canada the
number of violent crimes in general, virtually unchanged, in the United States during the same
period it was reduced from 600 to 500 per 100 thousand inhabitants 202.
In Mexico the right of citizens to bear arms is enshrined in Article 10 of the constitution,
adopted in 1917, which states: "The population of Mexico has the right to possess weapons
of any kind in order to protect themselves except prohibited by law or reserved for the
exclusive use of the army, navy or national guard, but has no right to carry weapons in
populated areas without the permission of the police. " In 1968, after the last nationwide
student anti-government demonstrations, the Mexican authorities have tightened an arms
law, prohibiting to possession of certain weapons and introducing mandatory registration
acquired. At present, the turnover of weapons is governed by the law of 1972 and
subsequent amendments. Citizens are allowed to own guns chambered for 9x17 mm
revolvers chambered for 9x29 mm,
7.62 mm. Resolution on the possession of arms gives the Ministry of Defense. To obtain
permission You must be a shooting club. The total number of arms in the property can reach
10 units.
To obtain a permit to carry a weapon must pay fee to substantiate the necessity of
wearing, confirm the place of residence and place of work, a document on military service
and a certificate of no criminal record . In practice, to obtain a permit to carry a handgun
caliber 5.56 mm is extremely difficult, because there are many administrative barriers. Once
requirements are met, it is necessary to specify, for what purpose weapon: to protect the
house, hunting, target shooting or for In particular
200 http://www.census.gov/compendia/statab/2010/tables/10s0301.pdf
106 Expert report: "On the question of the reform of Russian weapons legislation"
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hydrochloric security firm. If the gun is necessary for self-defense in the home, you are
required by law, the owner of weapon can not go to him outside the house. In addition, there
is a limit on the caliber - from 0.22 to 0.380 or more. This can be a pistol or revolver. Such a
permit entitles the holder to acquire (purchase) only 1 weapon.
Shooters and hunters law allows for up to nine single-charged rifles or shotguns and one
small-caliber pistol. For job seekers in one of the 289 Mexican private security firms, there is
another type of permit. It allows you to buy a semi-automatic weapon or a gun larger caliber.
In a country with a population of 113 million to buy a firearm can be only one store
located on a military base. The four American bordering Mexican states - California, Arizona,
New Mexico and Texas - there are 20,834 US government licensed sellers of firearms.
But in spite of so many gun shops and a number of weapons available to the population,
the number of murders in the United States is one-third of the Mexican indicators (18
murders per 100 thousand. People).
204 http://www.icesi.org.mx/documentos/estadisticas/estadisticasOfi/denuncias_homicidio_doloso_1997_2010.
Expert report: "On the question of the reform of Russian weapons legislation" 107
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antioruzheynym strict legislation. In particular, Honduras and Guatemala in the hands of the
population, there are only 2 of firearms for every 100 residents 205 but the murder rate in these
countries is two to four times higher than the level of the Mexican 206.
In Brazil, in the period of a minimum level of regulation of the arms market in 1980
recorded 11 murders per 100 thousand. Residents 207,208.
Brazil was very hard antioruzheynym 2010 legislation, the sample loses annually from
criminal kills 25 people. 100 thousand. residents 209. Outcome antioruzheynogo legislation
(introduction of the age limit to 25 years, a ban on the possession of weapons except in rural
areas, to obtain necessary to prove the license for the weapon, it is really necessary) - increase
in criminal homicide of two and a half times.
Article 35 of the law on disarmament in Brazil - to ban the sale of weapons and
ammunition - subject to approval by a national referendum October 23, 2005. 63.94%
participated in the referendum voted against the ban on arms sales.
In Chile in 1972 the turnover of weapons controls a special department at the Ministry of
Defense. Population legally available handgun possession, but possession of prohibited
shortened and long-barreled automatic weapons. Chilean law allows wield two weapons.
Carrying weapons is prohibited. At the present time in the country with a population of over
17 million. People registered more than 740 thousand. Weapons. The homicide rate has
decreased from 1990 to 2010, from 2.7 210 to 1.3 incidents 211 for every 100 inhabitants.
In Argentina the first law on weapons was adopted in 1973. Currently, the number of
laws and regulations that establish the notation rules
206 http://multimedia.laprensagrafica.com/pdf/2011/03/20110322-PDF-Informe-0311-Homicidios-en-Cen-
troamerica.pdf
207 http://www.ibge.gov.br/home/presidencia/noticias/pdf/13042004sintese2003.pdf
208 http://www.ipeadata.gov.br/ipeaweb.dll/ipeadata?SessionID=1873609183&Tick=1229772007262&VAR_
108 Expert report: "On the question of the reform of Russian weapons legislation"
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company in the country, export, import and production of weapons, up to 15. According to
the two basic laws and related decrees, the wielder can become a citizen of over 21 years.
To do this he must apply to the Department of Defense - State Arms Register, which
provides registration and weapons, and monitoring of the weapons law. The ownership of
Argentine citizens can buy semiautomatic rifles, carbines, revolvers and pistols of small
caliber. Registration is required and weapons worth $ 30, permission to bear arms - 50
dollars.
For every 100 people in the country accounts for 13 firearms 212. The level of violent crime
from 1990 to 2009 increased from 4.5 murders per 100 thousand. Residents 213 5.5 214. As a
result, the scale of civilian disarmament campaign in the second half of 2007, when gun
owners were asked to hand over personal weapons and ammunition for a cash
consideration of $ 50 - $ 150, the homicide rate jumped from 5.3 cases per 100 thousand
inhabitants in 2007 to.
It appeared in 1943. In Uruguay, the first legislation on arms trafficking. They dealt with
the use of combat gases, explosives and ammunition. In addition, it was found that control
over the trafficking and use of weapons will implement State Arms Register, administered by
the Ministry of Defense. Terms of the acquisition and possession of firearms regulates
decree adopted
213 http://www.paho.org/English/AD/DPC/NC/violence-graphs.htm
214 http://www.jus.gov.ar/areas-tematicas/estadisticas-en-materia-de-criminalidad.aspx
215 http://www.unodc.org/unodc/en/data-and-analysis/homicide.html
216 http://www.oas.org/dsp/documentos/Publicaciones/Seg%20Publica-%20Venezuela%20y%20Bolivia.pdf
217 http://www.observatoriodeviolencia.org.ve/site/noticias/74-informe-homicidios-2011.html
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in December 1970. According to him, the control functions have been transferred to the
service of property and armed troops. Currently, this service manages the state register
weapons and the arms control functions are distributed between the Interior Ministry and
Defense Ministry of Uruguay. To register a new or old weapons legalization must obtain a
certificate authorization for the acquisition and possession of weapons in the main police
department, and then the license for storage in the State Register. Wearing handguns are
allowed in Uruguay. To obtain a permit to carry is necessary to pass the psychological test.
Annually in the country served only about 1.5 thousand. Applications for registration of
weapons, while the UN estimates the number of illegal weapons in the hands of the three
millionth population reaches 1 million. Units. 218.
For every 100 people in the country accounted for 17 firearms 219. The crime rate has
remained at 6.1 murders in 2010 for every 100 thousand. residents 220.
In Jamaica, since 1974 the government banned the possession of weapons in order to
reduce the level of criminal violence in the country. This measure provoked a sharp protest
of the population. In addition, the ban led to the opposite effect: the number of murders
involving firearms increased from 11.5 per 100 thousand population in 1973 to.
41.7 per person - in 1980 221. The number of weapons in the hands of the population in the country,
despite the easing of legislation subsequently remains extremely low, about two weapons for
every 100 people in the country 222.
In Australia in 1987 there were six mass murder with a firearm, which killed 32 people. In
response to an attempt to tighten laws on weapons in Melbourne held 27000th protest
demonstration. In April 1996 Martin Bryant killed 35 and wounded 19 people at Port Arthur,
and then in 1998 entered the registration of weapons in the country
218 http://www.visionofhumanity.com/
219 Small Arms Survey, the UN
220 http://www.unodc.org/unodc/en/data-and-analysis/homicide.html
221 http://www.unodc.org/documents/data-and-analysis/Caribbean-study-en.pdf
110 Expert report: "On the question of the reform of Russian weapons legislation"
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and tightened rules for issuing licenses. October 21, 2002 shot and killed two people and
wounded five people at Monash University in Melbourne student. June 26, 2003 came into
force a law that banned the possession of guns and revolvers caliber 9 mm and more use of
the capacity of stores more than 10 rounds. Self-defense is not one of the grounds upon
which the country's citizens can obtain a permit for weapons. Carrying weapons is
prohibited.
Since 1976, the total number of homicides in Australia there were approximately at the same
level: 2 murders per year for every 100 thousand inhabitants. 224.
By 1998, the number of murders in the country decreased naturally, reaching 1.52 incidents
per 100 thousand. Residents 225. By 2002, the number of murders rose to 1.86 cases 226. 76% of
deaths from firearms in Australia account for suicides 227. In 10% of cases of murders by
firearms featured previously registered weapons. The undoubted result antioruzheynoy
policy can be considered that in Australia from knife wounds killed twice as many people
than from gunshot wounds 228.
In New Zealand in 1983 there was a sharp liberalization of the system of circulation of the
weapon and its simplified purchase procedure. Long-term studies have shown the ineffectiveness of
0_2009.pdf
227 Kleck 1997; Jacobs 2002: 6
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vavshey with the 30-ies of XX century. Implemented the transition to a licensing system,
similar licenses for driving, ie exams allows you to purchase weapons. During the year, the
number of murders dropped from 1.6 cases per 100 thousand. Residents in 1983 229 to 1.2
murders in 1984. In the long term, against the background of such a system, the number of
murders in the country is in this statistical corridor.
In the Philippines, June 29, 1983, President Ferdinand Marcos issued a decree to
toughen penalties for illegal production, sale, possession and carrying of weapons. The
decree was a response to the mass protests of citizens protesting against the Marcos
dictatorship, including in arms. The amendments to the act to allow the carrying of weapons,
were taken June 6, 1997, 11 years after the overthrow of the dictatorship. The country's
current legislation is aimed mainly at the legalization of weapons in the hands of the citizens
in the illegal traffic or on his voluntary surrender fee. Since 2000, in the Philippines there is a
prohibition on the carrying or transporting weapons during various election campaigns.
Currently, the state citizens are allowed to own a rifle caliber of not more than 5.56 mm,
or 12-gauge shotgun and a pistol or revolver caliber 9 mm or less, but not intended for firing
high-power cartridges ( "Magnum"). Resolution on the possession of a weapon gives a
special department of the national police, it can get a citizen of the Philippines over 21 years.
To obtain a permit must submit 20 different instruments, including three Certificate of
conduct issued by the police station, the court and the administration of the settlement, with
a population wishing to own a gun.
For every 100 people in the country accounts for 5 firearms 230. The level of violent crime
dropped from 8.12 homicides per every 100 thousand. Residents in 1998 231 to 5.4 murders in
2009 232.
229 http://www.parliament.uk/commons/lib/research/rp99/rp99-056.pdf
230 Small Arms Survey, the UN
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Thus, the empirical data do not provide evidence to suggest that the tightening of access
to firearms reduces the level of violent crime. Among the works on this subject are best
known works of Gary Klek (Kleck 1997: 377) and Colin Greenwood (Greenwood 1972: 240),
but similar conclusions also came James B. Jacobs (Jacobs
2002) and Peter Reuter and Jenny Muzos (Reuter, Mouzos 2002) in its reports on the
meeting of the American Society of Criminology, but this idea has been known long before
them. Thus, the largest Italian jurist Cesare Beccaria Enlightenment Bonesano in the XVIII
century, wrote that "laws that prohibit the bearing of arms ... disarm only those who did not
intend to commit a crime. They help the attacker and harm their victims, they promote, rather
than hinder the murders, for an attack on an unarmed person is not as risky. "
Expert report: "On the question of the reform of Russian weapons legislation" 113
s Conclusion
Analysis of the main factors determining the need for reform of the weapons sphere has
shown that at the moment as there are prerequisites for large-scale changes in legal practice
and in the economy. Current legislation does not meet modern requirements to ensure the
safety of citizens, which, in turn, contributes to the stability of the country as a whole.
The rate of violent crime in Russia and disadvantages of legal protection of citizens, as
well as the current lack of a systematic approach to legislative changes to the Federal Law
"On weapons", according to the feasibility of further study questions of regulation of
legislation to improve the protection of citizens.
The current level of development of civil society suggests the existence in the country of
weapons-grade mature communities, united in numerous social movements and ready to
express their demands. Important is the ability of gun owners and interested in expanding
the rights of its citizens to clearly formulate queries, addressed to the authorities, which has
been repeatedly demonstrated by the work of non-governmental organizations over the past
few years.
The presence of our citizens armory culture confirmed statistically (owners of different
types of weapons) and qualitatively (increasing interest in security training in weapons).
Of particular importance is the economic feasibility of the reform, which can contribute
significantly to the development of defense industry and national defense.
Thus, at the moment there are a number of factors that lead to the obvious conclusion:
the expansion of the rights of citizens to an effective self-defense will contribute to the
development of the defense industry,
114 Expert report: "On the question of the reform of Russian weapons legislation"
conclusion
Expert report: "On the question of the reform of Russian weapons legislation" 115
notes