The procedure for obtaining a firearms permit in Ukraine
Introduction
Obtaining a firearms permit in Ukraine is a complex process that requires compliance with a number of legal requirements and procedures. In this article, we will take a closer look at the procedure for obtaining a firearms permit, including the legal framework, requirements for applicants, the application procedure, medical examination, firearms safety training, as well as the timeframe for processing an application and possible grounds for refusal.
Legal framework
The main legal acts regulating the procedure for obtaining a firearms permit in Ukraine are:
- TheLaw of Ukraine "On Weapons" - defines general provisions on the circulation of weapons in Ukraine.
- TheCriminal Code of Ukraine (CCU) - provides for liability for illegal arms trafficking.
- TheCode of Administrative Offences ( CAO) - regulates administrative liability for violations of the rules of arms trafficking.
- TheResolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Issuing Permits for the Acquisition, Storage and Carrying of Weapons" - establishes a detailed procedure for issuing permits for weapons.
- Orders of the Ministry of Internal Affairs of Ukraine - regulates the practical aspects of issuing permits and controlling the circulation of weapons.
Requirements for applicants
1. Age and citizenship
- Age: To obtain a firearms permit, citizens must be at least 21 years old.
- Citizenship: Only citizens of Ukraine can obtain a firearms permit.
2. Medical examination
- Medical certificates: The applicant must provide medical certificates confirming that there are no contraindications to gun ownership. The medical examination includes consultations with a general practitioner, psychiatrist and narcologist.
- Absence of addictions: The applicant must pass a test for alcohol and drug addiction.
3. Courses on safe handling of firearms
- Completion ofcourses: The applicant must complete special courses on safe handling of weapons.
- Certificate of completion: After successful completion of the course, the applicant receives a certificate, which is attached to the application package.
4. Certificate of no criminal record
- Certificate of no criminal record: The applicant must provide a certificate of no criminal record for serious and especially serious crimes.
- Law enforcement check: Law enforcement agencies will check the applicant for the absence of convictions and administrative offences related to arms trafficking.
Procedure for submitting documents
1. Preparation of documents
The applicant must collect the following documents:
- Application for a permit: Completed in the prescribed form.
- Passport of a citizen of Ukraine: A copy of the passport.
- Medical certificates: Certificates from a therapist, psychiatrist and narcologist.
- Certificate of completion of courses: Certificate of completion of a course on safe handling of weapons.
- Certificate of no criminal record: Certificate of no criminal record for serious and especially serious crimes.
- Two 3x4 cm colour photographs.
2. Submission of documents
- Place of submission: The applicant submits documents to the territorial body of the National Police at the place of residence.
- Verification ofdocuments: After submitting the documents, the law enforcement agencies check for compliance with the requirements of the law.
3. Consideration of the application
- Timeframe forconsideration: An application for a firearms permit is processed within 30 days of submission of all required documents.
- Decision-making: Upon completion of the verification and review of the documents, law enforcement agencies make a decision to issue or refuse to issue a permit.
To obtain a firearms permit
1. Issuance of the permit
- Issuance of thepermit: In case of a positive decision, the applicant is issued a permit to purchase, store and carry weapons.
- Permitvalidity period: The firearms permit is issued for a period of up to 3 years with the possibility of further extension.
2. Acquisition of weapons
- Selection of weapons: The applicant may purchase weapons in specialised shops licensed to sell weapons.
- Registration of weapons: After purchasing a weapon, the applicant is obliged to register it with the National Police within 10 days.
3. Storage and carrying of weapons
- Storage conditions: Weapons must be stored in a specially equipped safe that ensures security and prevents access by unauthorised persons.
- Conditions of carrying: Weapons must be carried in accordance with the established rules, including the use of special covers and compliance with safety measures.
Refusal to issue a permit
1. Grounds for refusal
- Incomplete package of documents: A refusal may be granted if the full package of required documents is not submitted.
- Non-compliance with therequirements: An application may be rejected if the applicant does not meet the requirements (criminal record, medical contraindications, etc.).
- Violation of the law: The application may be denied if the applicant has violated the legislation governing the circulation of weapons.
2. Appealing against the refusal
- Appealprocedure: In the event of a refusal to issue a permit, the applicant has the right to appeal this decision in an administrative or judicial procedure.
- Time limits forappeal: The application for appealing the refusal must be submitted within 30 days from the date of receipt of the refusal.
Liability for violation of the rules of arms circulation
1. Administrative liability
- Fines: The Code of Ukraine on Administrative Offences provides for fines for violations of the rules on arms circulation, including for unregistered weapons or failure to comply with storage conditions.
- Confiscation of weapons: In the case of gross violations of the rules of arms circulation, confiscation of weapons may be applied.
2. Criminal liability
- Illegal trafficking in weapons: The Criminal Code of Ukraine criminalises illicit arms trafficking, including their manufacture, storage, acquisition, transportation and sale.
- Sanctions: Sanctions for arms trafficking may include imprisonment for up to 7 years, fines and other criminal penalties.
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