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The procedure for obtaining a permit for weapons. Draft law “On civilian weapons and ammunition” No. 1135-1

Article 16. Permit for weapons*.

Citizens of Ukraine acquire the right to purchase civilian weapons of the second, third and fourth categories after obtaining a permit for weapons of the corresponding category. The permit shall contain information about the owner, as well as the category (categories) of weapons that the person has the right to acquire.

Weapons permits are issued without any time limit. The Cabinet of Ministers of Ukraine establishes the procedure for issuing permits, their form and the form of the weapon card.

The purchase of weapons of the first category does not require a permit for its purchase and a permit for weapons.

The purchase of ammunition for civilian firearms, their components is carried out with a permit for weapons. An individual has the right to purchase only ammunition and ammunition components for weapons of the category for which he/she has a permit.

Cartridges and projectiles for pneumatic, gas, cooled weapons, weapons for “Flaubert” cartridge up to 4.5 millimeters inclusive do not belong to ammunition, and their civilian circulation is not restricted.

Components of ammunition for firearms are sold to owners of civilian weapons of the second, third and fourth categories without restrictions. Along with the permit for weapons, a person is issued a weapon card*, which contains information about the weapon purchased by the person, number, make, model and caliber. If all free fields of the weapon card are filled in, the person is issued an additional weapon card.

The permit for weapons is issued by the executive body that implements the state policy in the field of state registration of rights to weapons, at the place of registration of an individual within five working days from the date of submission of the necessary documents.

If an applicant is denied a permit for a weapon, he/she must be notified in writing within three working days with the grounds for the decision.

Article 17. Conditions for citizens to obtain a permit for weapons.

The right to obtain a permit for weapons of the second, third and fourth categories have capable, mentally healthy, unconvicted citizens of Ukraine.

In order to obtain a permit for weapons of the second, third and fourth categories, a citizen is obliged to submit to the executive body that implements the state policy in the field of state registration of rights to weapons at the place of registration:

an application in the prescribed form;

a medical certificate (conclusion) from a health care institution stating that the person is physically and psychologically fit to possess weapons;

certificate of completion of weapons owner courses;

contract of compulsory insurance of civil liability of the owner of firearms;

original and copy of the passport of the citizen of Ukraine;

a document confirming payment for the permit issuance services.

After obtaining a permit for weapons, a citizen of Ukraine has the right to purchase weapons and ammunition from a business entity that has a license for this type of activity.

Citizens of Ukraine who have a permit for weapons of the appropriate category have the right to purchase civilian weapons abroad for their own needs. The procedure for purchasing weapons abroad is established by the Cabinet of Ministers of Ukraine.

Civilian weapons of the first category can be freely purchased by individuals over 16 years of age and legal entities.

The permit for weapons of the second category can be obtained in accordance with the procedure established by the Law by citizens of Ukraine who have reached the age of 18.

Permits for weapons of the third and fourth categories can be obtained in accordance with the procedure established by the Law by citizens of Ukraine who have reached the age of 21.

In order to obtain a permit for weapons by citizens, taking into account the special responsibility that is assigned to the owner of the weapon, a special procedure for medical examination is established to obtain a certificate (conclusion) of a health care institution. The procedure for medical examination and the form of the certificate are established by the Cabinet of Ministers of Ukraine.

Citizens who intend to purchase a weapon for the first time must undergo training courses for weapon owners, and upon their completion, provide the relevant certificate to the executive body that implements the state policy in the field of state registration of rights to weapons. The procedure for organizing courses for gun owners is approved by the Cabinet of Ministers of Ukraine.

A person who has a permit for a weapon of a certain category and wishes to obtain the right to a weapon of another category must undergo qualification courses on the handling of the relevant type of weapon. The qualification courses are conducted on the basis of the courses for gun owners. After passing the qualification course, a person is granted the right to a weapon of the appropriate category. The procedure for conducting and passing the qualification course is established by the Cabinet of Ministers of Ukraine.

Article 18. Refusal to issue a permit for weapons.

The grounds for refusal to issue permits for weapons are:

1) absence of a certificate (conclusion) of a health care institution stating that a person can possess weapons for health reasons or establishment of the fact of forgery of such a certificate;

2) absence of a certificate of completion of training courses on weapons owners, or establishment of the fact of forgery of such a certificate;

3) a court decision that has entered into force on the restriction of civil capacity of an individual, recognition of an individual as incapacitated, missing or declared dead;

4) availability of information on repeated prosecution for violation of the rules of weapons circulation;

5) availability of information on repeated prosecution for violation of public order;

6) establishing the fact of illegal use of narcotic drugs and psychotropic substances;

7) being on the preventive register in connection with the commission of domestic violence;

8) the presence of an unexpunged or not removed in the prescribed manner conviction for especially grave crimes, grave crimes and crimes of medium gravity;

9) a court decision, which has entered into force, on lifelong deprivation of the right to own weapons;

10) a person is under the age for possession of weapons established by this Law;

11) lack of permanent residence;

12) lack of necessary conditions for the storage of weapons;

13) notification of a person of suspicion of committing a criminal offense, which is entered in the Unified Register of Pre-trial Investigations in the manner prescribed by the Criminal Procedure Code of Ukraine.

The decision to refuse to issue a permit for weapons is made by the executive body that implements the state policy in the field of state registration of rights to weapons, in writing and handed to the applicant.

Refusal to issue a weapons permit does not deprive a person of the right to re-apply for a weapons permit if the grounds for refusal to issue a weapons permit disappear.

Refusal to issue a weapon permit can be appealed in court.

The list of diseases and physical disabilities, in the presence of which a permit for weapons is not issued, is approved by the Cabinet of Ministers of Ukraine.

See also: What weapons will be allowed.

Weapon-free zones.

* * *

*Weapons permit – a document of a standard form, which confirms that an individual has the right to store, carry, transport and use the weapons specified in the weapons card, and also confirms that an individual can purchase weapons of the appropriate category specified in the permit and ammunition.

*Weapon card – a document of a standard form, which is an annex to the permit for weapons and contains a list of weapons (number, make, model and caliber) owned by an individual.

DRAFT LAW TEXT