On liability for illegal actions with weapons

Firearms, ammunition, and explosive devices are inherently associated with increased public danger due to their specific purpose.

The criminal circulation of weapons creates conditions conducive to violent, organized, and terrorist crime. In this regard, legislation provides for the most detailed regulation of issues related to the acquisition, storage, carrying, sale, and other actions associated with the circulation of weapons, and the fight against their illegal circulation is one of the priority areas of law enforcement agencies' activities.

Such regulation is contained in the Law of the Republic of Belarus of November 13, 2001, No. 61-Z "On Weapons," Decrees of the President of the Republic of Belarus of August 30, 2002, No. 473 "On Measures to Improve the Regulation of the Circulation of Military, Service, and Civilian Weapons and Ammunition Therefor in the Republic of Belarus," and of April 4, 2003, No. 134 "On Certain Issues of Weapon Circulation in the Republic of Belarus."

The illegal manufacture, acquisition, transfer of possession, sale, storage, transportation, mailing, or carrying of firearms, ammunition, explosives, and explosive devices constitute a crime provided for by Article 295 of the Criminal Code, with the maximum penalty being imprisonment for up to 10 years (Parts 2 and 3 of the Article), and in case of committing such actions with the aim of subsequent commission of acts of terrorism, sabotage, seizure of buildings and structures, or creation of armed formations – up to 12 years (Part 4 of the Article).

It should be noted that illegal acquisition of the aforementioned items is understood as their acquisition by citizens who do not have the right to do so, whether for consideration or free of charge, through purchase, exchange, as remuneration for services, appropriation of found items, etc.

The circulation of hunting smooth-bore firearms and ammunition thereof is directly criminal in nature in case of their manufacture or sale, and when other actions are committed

(acquisition, transfer of ownership, possession, transportation, mailing, carrying) – in case of their repeated commission within a year after the imposition of an administrative penalty for the same offenses (Art. 295-1 of the Criminal Code). The punishment is imprisonment for up to 5 years.

It should also be noted here that the manufacture of sawn-off shotguns from hunting smooth-bore firearms, which results in the loss of the properties of a hunting rifle, as well as their acquisition, transfer of ownership, sale, possession, transportation, mailing, or carrying, entail liability under Part 2 of Art. 295 of the Criminal Code.

The conditions for direct criminal liability regarding cold weapons are their manufacture or sale, and for illegal carrying or transportation – involvement in administrative liability within a year before committing such actions (Art. 296 of the Criminal Code). The maximum penalty for such actions is 3 years of imprisonment.

 

 

Cold weapons are understood as items manufactured industrially or homemade, intended for hitting a target using human muscular force in direct contact with the weapon and the target, which include cold bladed weapons (daggers, sabers, swords, etc.), other cutting, piercing, chopping, or mixed-action weapons (e.g., bayonets), as well as impact-crushing weapons (brass knuckles, weighted gloves, etc.).

Similar conditions are contained in Article 297 of the Criminal Code, which provides for criminal liability for illegal actions related to gas, pneumatic, or projectile weapons, with a penalty of up to 3 years of imprisonment.

Such weapons include gas pistols, gas revolvers, long-barreled and short-barreled pneumatic weapons (pistols, rifles, shotguns), which can be acquired based on a relevant permit with subsequent registration with the internal affairs bodies.

Weapons. Throwing weapons are specially manufactured items intended for hitting a target as a result of a throwing action (crossbows, bows, spears, throwing axes, knives, etc.), excluding sports projectiles.

Illegal manufacturing of the above-mentioned items shall be considered their direct creation or restoration of lost striking properties, as well as the modification of any items (e.g., flare guns, starter and construction pistols, household items) as a result of which they acquire the properties of the corresponding types of weapons, components or parts thereof, ammunition, explosives, explosive devices or their main parts.

Explosive substances are chemical substances and mixtures that have the ability to explode without access to oxygen (gunpowder, dynamite, TNT, etc.). Explosive devices are products intended for explosion under certain conditions, manufactured industrially or homemade, combining an explosive substance and a device for initiating an explosion.

It should be noted that according to the note to Article 295 of the Criminal Code, a person who voluntarily surrenders the items specified in Articles 295- 297 of the Criminal Code (firearms, including hunting firearms, their components and parts, cold weapons, gas, pneumatic and throwing weapons) is exempted from criminal liability for actions provided for by these articles, except for cases of sale. Voluntary surrender is considered such surrender when a person, having the opportunity to continue to possess any of these items, voluntarily, regardless of motives, hands them over or information about their location to law enforcement officers.

It is necessary to know and comply with the law.

 

Prosecutor of the Department for Supervision

over the Enforcement of Legislation

and

legality of legal acts

of the regional prosecutor's office