• The issue of legalization of weapons in Ukraine in connection with the growth of crime is raised by the public very often. The most popular question about weapons today is who and how can obtain permission to purchase and use traumatic weapons. The Ukrainian legislation clearly delineates the circle of persons who can have a license for weapons. There is an Order of the Ministry of Internal Affairs “On Approval of the Instruction on the Procedure for the Manufacture, Acquisition, Storage, Transportation and Use of Firearms, Pneumatic, Cold and Pleated Weapons, domestic-made devices for the shooting of cartridges equipped with rubber or similar in their properties propellant projectiles not of lethal effect; cartridges to them, as well as ammunition for weapons, the main parts of weapons and explosives “No. 622 of August 21, 1998, which regulates all issues related to obtaining permission, acquiring weapons and using it.

    Citizens of Ukraine can buy gas weapons from the age of 18, hunting smooth-bore weapons from 21 years, and hunting rifles from 25 years. It is necessary that the person wishing to obtain a permit for weapons should not have a criminal record and mental illness. In turn, the right to traumatic weapons have certain categories of citizens, this is:

    • People’s deputies of Ukraine;
    • Employees of the judiciary and their close relatives;
    • Law enforcement officials and their close relatives;
    • Servicemen (except those who serve in the army);
    • Regular and freelance journalists;
    • Persons who take part in criminal proceedings;
    • Members of public groups attached to the protection of public order and the state border;
    • Civil servants who have the necessary categories and ranks.

     

    Short-barreled firearms in our country are prohibited under Art. 223 of the Criminal Code of Ukraine, exceptions are only the siloviki.

    For all other citizens who want to obtain permission for hunting firearms, it is necessary to perform a number of actions:

    • purchase and install a safe (it must be checked by the district police officer);
    • Undergo a physical examination and get a certificate of the form 127 / о;
    • Undergo training and take the exam;

    Submit documents for obtaining permission to purchase weapons to the local police department (an application addressed to the head of the Ministry of Internal Affairs, a card that is filled directly in the Ministry of Internal Affairs, a medical certificate, a record of absence of a criminal record, the original + a copy of the passport with photographs, an insurance contract for 3 years) .

    Pay the receipt, which will provide the inspector (a receipt for payment for the registration of weapons about 200 UAH.).

    We are waiting for the inspection of the Ministry of Internal Affairs and get permission to purchase hunting smooth-bore weapons, after which we can purchase weapons that, after purchase, must be registered with the Ministry of Internal Affairs, where the inspector carries out weapons registration for a few days, which gives permission for the right to carry weapons. It is worth remembering that this permit is valid for 3 years, after which its validity period must be extended.

    The procedure for obtaining a permit for a rifled rifle is almost the same, but at the time of issuing permission in the Ministry of Internal Affairs to inform the inspector about this, he will make copies of your documents, and with the originals you will go not to the regional branch of the permitting system, but to the regional or city government permitting system of the Ministry of Internal Affairs.

    Permission for gas weapons is issued on the same principle, only a more simplified procedure for which it will be necessary to submit an application, two photographs, a medical certificate and to provide the gas weapon itself for inspection.

    Of course, everyone who wants to have a means of protection looks toward traumatic weapons (to date it is the most sought-for firearm), but since only the above-mentioned categories of persons can have it, the procedure for obtaining a permit for a traumatic weapon is a bit more complicated. You need to become a member of one of the above categories. The simplest ways are to become a journalist, a full-time / freelance or a member of public groups attached to the protection of public order and the state border.

    To date, the Internet has a lot of suggestions for “help” you get permission to purchase traumatic weapons. The price of such dubious services is in the region of $ 400 and the time for making a permit to purchase weapons from two weeks, after which you independently choose and purchase a traumatic gun, which will be registered and registered for you. Prices for the most traumatic weapons, namely pistols start from 8000 UAH. and an average of 25000 UAH. for one unit.

    Of course, you can do without external assistance for obtaining this permission, then you need to find an opportunity to become a journalist or join a public formation that is attached to the protection of public order and the state border, as well as to perform all these actions to obtain weapons. The option to do everything yourself is naturally better, due to the fact that you will be sure of the legitimacy of your permission and the transparency of the procedure for obtaining it. You will study the material part of handling weapons, visit the shooting range, and this will be an additional reason for understanding the seriousness of the attitude towards arms, and in that case your costs for obtaining permission to carry firearms will amount to all references to 1500 UAH.

    The extension of the permit for storage and use of traumatic weapons must be made every three years, the procedure is not complicated, passes all in the same permitting centers of the Ministry of Internal Affairs, a list of documents can be found directly from the inspector. In general, the package of documents will be very standard: copies of documents identifying the person, old permission for weapons, all the same certificate, a document confirming the occupation (journalist or member of the public formation), a certificate of non-conviction and photographs.

     

    At the legislative level, there are no well-established norms on the rules for storage and carrying of traumatic weapons. In this case, according to the principle of analogy of law, one can follow the Instruction approved by the Ministry of Internal Affairs of Ukraine on “rules of transportation, storage and prohibition of carrying in a charged state” of 02.11.2001. But in general, in case of disputable situations, this issue will be decided only at the discretion of the court, since the instruction is intended for law enforcement agencies and regulates the rules for the handling of firearms. Therefore, whether to carry traumatic weapons along the street, in a car, etc. everyone decides on their own.

    Also, during the registration of weapons, there is a procedure such as the shooting of traumatic weapons for the insertion of cartridge cases and the most traumatic weapons in the register, but as practice shows, at best, it is possible to determine the gun brand and, in the most rare cases, a model, but not a specific one instance. Although this information will be enough to ensure that law enforcement agencies carry out an inspection in the event of unlawful actions with weapons on all persons who have registered certain weapons in a certain area, especially if it is not a very large settlement.

    Turning to one of the most important moments that you will encounter during the possession of a traumatic weapon, it is the responsibility for the consequences of misuse of such weapons. Responsibility and sanction for violations are regulated by the Criminal Code of Ukraine. All of us have heard about the notion of necessary self-defense, and since we regard the possession of traumatic weapons only as a means of self-defense, let us dwell on this in more detail.

    The necessary self-defense is actions committed with the aim of protecting the rights and interests of the person who is protected by law, or of another person, as well as of public interests and the interests of the state from a socially dangerous assault by inflicting damage on the person who encroaches, necessary and sufficient in this situation for the immediate diversion or cessation of the assassination, if the boundaries of necessary self-defense were not exceeded. The Criminal Code refers the necessary self-defense to circumstances precluding a criminal act.

    According to Part 3 of Art. 36 of the Criminal Code of Ukraine, the deliberate infliction of grievous grievous harm, which clearly does not correspond to the danger of infringement or the situation of protection, is recognized as exceeding the limits of necessary defense.

    It is important to understand in what cases and situations the use of traumatic weapons can be regarded as necessary self-defense, and in which, as its exaggeration.

    According to the Resolution of the Plenum of the Supreme Court of Ukraine “On Judicial Practice in Cases of Required Defense” of April 26, 2002 No. 1, in order to establish whether there are or are no signs of exceeding the necessary defense limits, the courts must take into account not only the conformity or inconsistency of the instruments of defense and attack, but also the character threats that threatened the person, and circumstances that could affect the real balance of forces, in particular: the place and time of the attack, its suddenness, unavailability for its reflection, the number of attackers and those who are defensive schalsya, their physical data (age, sex, state of health) and other circumstances. The court must find out whether the person who was protected had a real opportunity to effectively reflect a socially dangerous assault by other means, causing the attacker harm, necessary and sufficient in a specific situation, to immediately prevent or stop the encroachment.

    Therefore, when deciding whether there is a kurtosis (extreme measure) of defense, it is necessary to establish the existence of the necessary defense as such. The lack of necessary defense marks the absence of the possibility of its excess. The excess of defense can only be committed intentionally, an imprudent exceeding of the limits of the necessary defense does not entail criminal liability.

    In accordance with the Criminal Code, the excesses of defense entail criminal liability only when inflicting grievous bodily harm: death or grievous bodily harm. For the infliction of other damage, criminal responsibility does not come.

    That is, if in the defense of one’s life a traumatic weapon was used and the attacker was injured:

    • which threatened his life at the time of infringement;
    • because of which any body or its function refused;
    • mental illness;
    • another health disorder, combined with a persistent loss of performance at least as much as one-third, or termination of pregnancy;
    • irreparably disfigured person

    the person who used such a traumatic weapon will be liable under the Criminal Code of Ukraine in accordance with the procedure established by law.

    Moreover, the use of weapons or any other means or objects should be considered legitimate, regardless of the gravity of the harm inflicted on the assailant if it is carried out to protect against an attack by an armed person or the attack of a group of persons, and also to prevent an unlawful violent intrusion into a home or other premises . That is, under the circumstances of the attack, the excess of defense is impossible at all.

    If we talk about the boundaries of necessary self-defense in simple words, then the remedies must correspond to certain conditions under which an attack occurs.

    But just do not forget about the moment when the legislator himself allows to use traumatic weapons. According to Part 5 of Art. 36 of the Criminal Code of Ukraine does not exceed the limits of the necessary defense and does not entail criminal liability for the use of weapons or any other means or objects to protect from an attack by an armed person or attack of a group of persons, and also to prevent an unlawful violent intrusion into a home or other premises, caused to the one who encroaches.

    After analyzing the judicial practice with regard to the necessary self-defense, it can be concluded that the courts justify the accused if it is necessary to prove that he really was a victim and used the weapon as an extreme measure of self-defense. This can be either a numerical advantage of the attackers, or bodily injuries that have been inflicted, or an explicit intent to cause harm. Evidence of obvious intent to harm may be testimony of witnesses, written threats or other circumstances and any other evidence that would indicate a clear threat to the life and health of the defender. As necessary self-defense will be considered the use of weapons in the apartment or home of the defender, if an encroachment on life and health of him, his family and friends or on their material integrity was committed.

    Our lawyers will help you to prove the investigation your innocence, when using traumatic weapons committed in the state of necessary defense.