Act No. 119 / 2002 Coll.

Firearms and ammunition Act (Firearms Act)

Valid Law Effective from 01.01.2003
119
THE LAW
of 8 March 2002
on firearms and ammunition (Firearms Act)
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

BRANCH, STRENGTH AND MUNICE

HLAVA I

INTRODUCTORY PROVISIONS
§ 1
Subject matter
(1) The right to acquire, hold and carry a weapon is guaranteed under the conditions laid down by this law.
(2) This law implements the relevant provisions of the European Union32 and regulates the handling of arms and ammunition, the conditions for the operation of firearms, the handling of ammunition and the conduct of pyrotechnic surveys.
(3) The law does not apply, unless otherwise specified, to:
(a) weapons, ammunition and ammunition which are acquired or held in arms by the armed forces of the Czech Republic (1), military police (33), security corps (1a), military intelligence (1b), or by armed forces or forces of other States when they are present in the territory of the Czech Republic, crossing the national borders of the Czech Republic and transit through the territory of the Czech Republic or crossing the territory of the Czech Republic under a special legislature2) or an international treaty which is part of the legal order and is intended to perform their tasks;
(b) State-owned weapons, ammunition and ammunition intended for collection, research, development or museum purposes by the Ministry of Interior (hereinafter referred to as "Ministry"), the Ministry of Defence, the armed forces of the Czech Republic (1), the Military Police (33), the Security Council (1a), the Military Intelligence (1b), or the armed forces or the forces of other States when they reside in the Czech Republic, crossing the national borders of the Czech Republic and transit through the territory of the Czech Republic or crossing the territory of the Czech Republic under special legislation2) or an international treaty forming part of the legal order;
(c) the weapons, ammunition and ammunition which are intended for verification by the Czech Office for the Testing of Weapons and Fire3),
(d) weapons, ammunition and ammunition which are cultural monuments, part of a collection declared to be a cultural monument or collection items owned by the State, regions or municipalities;
(e) the setting up and operation of firearms by the Czech Office for the Testing of Weapons and Ammings, Ministry of Defence, the Armed Forces of the Czech Republic (1), Military Police (33), Security Council (1a), Military Intelligence (1b) or Armed Forces or other States in their stay on the territory of the Czech Republic under special legislation2) or an international treaty which is part of the rule of law for their use only; and
(f) carrying out a pyrotechnic survey by the armed forces of the Czech Republic (1), Military Police (33), Security Council (1a), Military Intelligence (1b), or by the armed forces or by other States in their stay in the Czech Republic under special legislation2) or an international treaty forming part of the rule of law.
(4) Providing the State, Region, Municipality, Czech Defence Authority, Ministry of Defence, Armed Forces of the Czech Republic (1), Military Police (33), Security Council (1a), Military Intelligence (1b), Armed Forces or other States in their stay on the territory of the Czech Republic, crossing the national borders of the Czech Republic and crossing the territory of the Czech Republic or crossing the territory of the Czech Republic under the special legislature2), or an international treaty which is part of the rule of law, with the arms, ammunition or ammunition which are in their possession and which are not covered by this law, by this law, to any other person who is entitled to hold arms, ammunition or munitions under this law, shall apply to this case from the time of its adoption.
(5
§ 1a
Relationship with legislation governing the handling of explosives
(1) This law shall not apply, unless otherwise specified, to explosives defined by the law governing the handling of explosives ("explosives').
(2) The production or processing of explosives in which the development, manufacture, processing, degradation and destruction of ammunition or ammunition, including the delaboration of ammunition, are carried out shall also be considered as handling ammunition or ammunition under this Act.
§ 2
Definition of certain terms
(1) For the purposes of this Act, weapons are considered to be firearms listed in the categories of weapons. The types of weapons and ammunition are defined in Annex 1 to this Act.
(2) For the purposes of this Act:
(a) by holding a weapon or ammunition have
1. a weapon or ammunition within the housing or operating areas or within clearly enclosed properties with the consent of the owner or lessee of the said premises or properties;
2. A weapon not loaded with bullets in a container, cartridge box, cartridge chamber, barrel or cartridge chamber of a revolver cylinder and stored in a closed container for transfer from place to place,
(b) carrying a weapon or ammunition to carry a weapon or ammunition, except in the cases referred to in (a);
(c) the place of residence, the address of the citizen of the Czech Republic, 4) or the address of the place of registered residence of the foreigner 6),
(d) by an arms and ammunition entrepreneur, a natural or legal person who, under special legislation7)
1. arms or ammunition develop, produce, modify, repair, degrade or destroy;
2. the arms or ammunition is stored, stored, lent, transported, purchased, sold or received orders; or
3. mediates other acquisition or sale of arms or ammunition;
(e) by leaving a weapon or ammunition to give another person the opportunity to effectively dispose of the weapon or ammunition;
(f) a Member State of the European Union, a Contracting State to the Agreement on the European Economic Area and the Swiss Confederation,
(g) the place of residence in another Member State, the address entered on the official document proving residence in another Member State, in particular on the national identity card.

HLAVA II

BRANCH AND SILENCE

Díl 1

Weapons and ammunition categories
§ 3
Arms and ammunition distribution
(1) Weapons and ammunition are divided into:
(a) prohibited weapons and ammunition which are category A weapons and category A weapons;
(b) authorised weapons of category B;
(c) weapons subject to notification, which are category C weapons and category C weapons;
(d) other weapons of category D; and
(e) ammunition which is not prohibited ("ammunition").
(2) Weapons categorised A to D shall also mean the essential parts of the weapons in which those essential parts are or are to be included. The provisions on arms handling of the relevant category shall apply mutatis mutandis to the handling of the essential part of the weapon.
(3) In doubt about the classification of a type of weapon or ammunition in the category referred to in § 4 to 7, the Czech Office for the Testing of Weapons and Ammunition shall decide. The procedure of the Czech Office for the Testing of Weapons and Weapons when classifying a type of weapon or ammunition as a category of weapons and ammunition shall be laid down in the implementing legislation.
(4) A weapon of the type C-I or D type resulting from a non-refundable modification of a weapon subject to registration shall be of the same category as the weapon subject to registration from which it was modified; That doesn't apply if it's a weapon damaged or cut. The explosive weapon that was made from Category A weapons is a category A weapon.
(5) With a self-loading firearm intended for single ammunition with a central fire in which an above-limit magazine is inserted, the holder of an arms licence or the holder of an arms licence who is not required to keep a register of weapons in the Central Arms Register shall be entitled to use only on the basis of an exception for an A- I weapon or an exception for an above-limit magazine; For the purposes of this Act, an excess container means a container or assembly of a cartridge intended for a medium-armored firearm with a capacity exceeding 20 rounds in the case of a short firearm or with a capacity exceeding 10 rounds in the case of a long firearm.
(6) Expansion weapon gas cartridges must comply with the technical requirements laid down in the implementing legislation.
§ 4
Category A weapons
Category A weapons are:
(a) weapons
1. particularly effective;
2. automatic,
3. manufactured or modified in such a way that their purpose can be concealed, or in which the original character and the appearance have been modified so that their use may cause more severe consequences, or weapons disguised as other objects (malicious weapons),
4. firearms not manufactured from metals, unless they are identifiable as weapons when checking persons and baggage by means of detection and X-ray instruments; and
5. shooting sets;
(b) ammunition with a bullet through-the-gun, explosive or incendiary or other projectile containing active charges, not involving signal charges or ammunition containing pyrotechnic articles under the pyrotechnic Act.
§ 4a
Weapons of category A- I
Weapons of category A-I are:
(a) weapons
1. self-propelled firearms;
2. self-charging for medium-fire ammunition, in which the appropriate above-limit container is inserted;
3. long, self-charging for centre-fire ammunition, originally designed to fire from an arm, equipped with folding, retractable or non-use tools with a removable shoulder support, the length of which is less than 600 mm and does not affect its functionality, and
4. gas or expansion, if not on authorised production design, as provided for in the implementing legislation; and
(b) ammunition for short-range ball firearms with a shock or missile to increase the explosive effect.
§ 5
Category B weapons
Category B weapons are:
(a) short rechargeable or self-charging weapons;
(b) short, single or multi-shot, medium-lit ammunition weapons;
(c) single-shot or multi-shot weapons for peripheral-fire ammunition, the total length of which is less than 280 mm;
(d) long self-loading weapons, the container or cartridge and the cartridge chamber of which may hold more than 3 rounds together;
(e) long self-loading weapons, the container or cartridge and cartridge chamber of which cannot be combined with more than 3 cartridges and for which the feeding gear is removable, or where it is not guaranteed that they cannot be converted by commonly available tools into weapons whose cartridge or cartridge and cartridge may be combined with more than 3 cartridges;
(f) long repetitive or self-charging weapons with a smooth bore barrel having a barrel length of less than or equal to 600 mm;
(g) self-loading weapons if they have the appearance of automatic weapons; and
(h) signal weapons for the use of signal rounds of a calibre greater than 16 mm.
§ 6
Category C weapons
Category C weapons are:
(a) single-shot or multi-shot weapons for peripheral-fire ammunition, the total length of which is equal to or greater than 280 mm;
(b) single-shot or multi-shot, repetitive or self-charging long arms for peripheral or central-fire ammunition or for Lefaucheux type firing ammunition not specified in § 5 (d) to (f);
(c) more than two-shot or repetitive weapons designed on the principle of percussion lock systems; and
(d) silencers designed for use with a firearm and designed to reduce the total noise of a shot-fired gunshot, including the reduction of the noise of a shot-fired gunshot.
§ 6a
Category C-I weapons
Weapons of category C-I are:
(a) weapons classified under category A, A-I, B or C which have been destroyed in accordance with the provisions of the directly applicable European Union40);
(b) expansion weapons which comply with the requirements for permitted manufacturing operations laid down in the implementing legislation;
(c) single-shot or two-shot firearms intended for split ammunition;
(d) firearms designed for Flobert cartridges, 4 mm M20 rounds or equivalent projectile kinetic energy,
(e) gas weapons with a calibre exceeding 6,35 mm, not by paintball weapons;
(f) firearms for a rival training system with an oral energy of not more than 20 J,
(g) signal weapons for the use of signal rounds of not more than 16 mm calibre;
(h) an electrical incapacitating device based on the principle of firearms (taser).
§ 7
Category D weapons
Category D weapons are:
(a) historic weapons;
(b) paintball weapons which are gas weapons designed for firing non-lethal missiles intended for training, sporting or recreational purposes;
(c) gas weapons not exceeding 6,35 mm,
(d) expansion apparatus, with the exception of portable fixing devices and other impact machines intended solely for industrial or technical purposes;
(e) discarded weapons not covered by the directly applicable European Union40) and on which irreversible modifications have been made in accordance with the procedure laid down in the implementing legislation to prevent their use for shooting;
(f) weapons on which modifications have been made to at least partially uncover the internal construction of the weapon by cutting;
(g) an inactive torso of weapons which means weapons which have become permanently and irreversibly inusable to fire as a result of damage or degradation to such an extent that the ability of such a weapon to fire is excluded without replacing or replacing essential parts of the weapon;
(h) inactive ammunition and ammunition; and
(i) weapons not listed in categories A, A-I, B, C and C-I.

Díl 2

Acquisition of ownership, possession and carrying of arms and ammunition
§ 8
To be owned, with the exception of inheritance (§ 66), and to hold or carry a weapon or ammunition, only those holding an arms licence or licence may, unless otherwise provided for by this law.
§ 9
(1) Weapons of categories A and A-I are prohibited from being owned, held or worn unless otherwise specified. The prohibition in the first sentence shall not apply to exports or imports carried out under specific legislation. 9)
(2) The police of the Czech Republic (hereinafter the "police") may grant an exemption if it is a category A weapon, a category A gun licence holder or a category A, F, G, H, I or J weapon licence that carries out:
(a) collectors' or museum activities;
(b) the transport, guarding of extremely dangerous or valuable consignments or guarding of objects of particular importance, or objects of importance for State defence;
(c) a manufacturing or similar activity in which a category A weapon is essential for testing the products;
(d) instruction and training in the shooting of Category A weapons; or
(e) film or theatre activities.
(3) The police may grant an exemption under paragraph 2 unless this is contrary to public policy and security. The exemption may be limited in time if it is granted in accordance with paragraph 2 (b) to (e). In order to assess whether an exemption does not contradict public policy and security, the police shall be entitled to request the public authority, the natural person or the legal person to provide the necessary supporting documents and information; the requested authority or person shall comply with the request without undue delay. The police are entitled to request a copy of the criminal record kept by the Penal Register to assess the conditions for granting the exemption.
(4) If there is a derogation to acquire ownership or possession of a weapon referred to in Section 4 (a) (1) which is subject to a special control regime under obligations under an international agreement which is part of the legal order, the Ministry of Defence must give prior approval.
(5) Collective activities referred to in paragraph 2 (a) and Article 11a (1) (a) are activities consisting of the collection and preservation of firearms, their essential components or ammunition for historical, cultural, scientific, technical, educational or historical purposes.
§ 10
(1) The holder of a group A or C weapons licence or a group A, F, G, H, I or J arms licence shall apply for the exemption provided for in Article 9 (2) on a prescribed form, the specimen of which shall be laid down in the implementing legislation. The application shall contain:
(a) in the case of a natural person, the formalities for filing in accordance with the administrative rules relating to a natural person, the surname of the natural person and the place of birth (hereinafter referred to as personal data);
(b) in the case of a legal person, the procedural requirements of the administrative rules relating to a legal person (hereinafter referred to as "data identifying the legal person");
(c) the type of weapon, the mark of the manufacturer of the weapon, the model (s), the calibre and the serial number of the weapon, if known to the applicant (hereinafter referred to as the weapon data),
(d) the type of ammunition prohibited, the brand of the manufacturer of the ammunition, the calibre of the ammunition and the number thereof, if the request is for an exemption to acquire ownership and hold or carry the ammunition prohibited;
(e) the number of the arms licence or licence; and
(f) the reason for the exemption and the specific purpose in relation to the activity carried out.
(2) The application shall be lodged with the Regional Directorate of Police, responsible for the place of residence of the natural person or for the seat of the legal person ("the competent police department ').
(3) The holder of a group A armaments licence who has his place of residence in another Member State is also required to submit the prior consent of that Member State to grant an exemption under paragraph 1 or to declare that prior consent is not necessary, to translate into the Czech language, drawn up by the interpreter on the list of experts and interpreters.
§ 11
(1) The exemption granted under Paragraph 9 (2) shall expire if:
(a) the period for which it was granted has expired; or
(b) he to whom a derogation has been granted has ceased to hold a group A or C firearms licence or a group A, F, G, H, I or J weapons licence.
(2) The exemption provided for in Article 9 (2) will be withdrawn if the reason for which it was granted has elapsed.
(3) In the event of the expiry of the exemption referred to in paragraph 1 or of its withdrawal pursuant to paragraph 2, the owner of a category A weapon shall surrender the weapon to the appropriate police department within 10 working days of the expiry of the exemption or of the date on which the decision on its withdrawal becomes final and comply with this law (§ 64).
§ 11a
(1) The police will grant an exemption for the acquisition of ownership, possession and carrying of a weapon of category A-I, unless this is contrary to public policy and security, to the holder of:
(a) the group's weapons licence; A or holder of an arms licence of Group I or J for the purpose of collecting or museum activities,
(b) a group B or E firearms licence or a licence holder of a group F, G, H or J for the purpose of:
1. the protection of life, health or property in sensitive areas; Sensitive spaces means premises the integrity of which is guaranteed by another legislation or places where, as a rule, easily vulnerable targets are located; or
2. training to provide or participate in the provision of security or protection of critical infrastructure, objects of particular importance, objects of importance for State defence, assets of extraordinary value or extremely dangerous or valuable mail;
(c) the arms licence or the arms licence of Group F, H, I or J for educational, cultural, research and historical purposes; or
(d) the group's weapons licence For the purposes of this Regulation, the following definitions apply:
(2) In the application for an exemption for the acquisition of ownership, possession and carrying of a weapon of category A-I, the applicant shall, in addition to the particulars of the application under the administrative rules, indicate:
(a) the specific reason for its issue referred to in paragraph 1;
(b) whether the exemption is to be granted for the weapon referred to in § 4a (a), in which case the applicant shall provide details of the weapon, if known to the applicant, or for the ammunition referred to in § 4a (b).
(3) The police will grant an exemption, if it is a weapon referred to in § 4a (a) or (b), also to the holder of a B, C or E firearms licence, which shall submit a certificate issued by the holder of the arms licence, which, in the course of its activities, is engaged in sporting shooting, indicating that:
(a) the holder has actively trained or participated in shooting competitions during the last 12 months; and
(b) the weapon complies with the specifications required for the relevant sporting shooting discipline.
(4) The exemption provided for in paragraph 1 shall not be contrary to public policy and security where the applicant fulfils the condition of integrity under Paragraph 22 and the reliability under Section 23.
(5) The implementing legislation sets out a model of the application form for an exemption for the acquisition of ownership, possession and carrying of a weapon of category A-I.
§ 11b
The acquisition of above-limit containers for their use in a self-loading firearm intended for single ammunition with central fire shall be authorised by the holder of the firearms licence or by the holder of an arms licence who is not required to keep a register of weapons in the Central Arms Register, only on the basis of an exemption under § 11a or an exception for superlimited cartridges issued by the competent police department to the applicant under similar conditions as an exemption under § 11a.
§ 11c
(1) The exemption granted under § 11a or 11b shall cease to apply if the person to whom the exemption has been granted has ceased to hold an arms licence or an arms licence of the group concerned.
(2) An exemption granted under § 11a or 11b shall be withdrawn by the competent police department if the particular reason for which it has been issued is permanently absent.
(3) In the event of the expiry or withdrawal of an exemption, the owner of a category A-I weapon shall surrender the weapon to the appropriate police department within 10 working days of the expiry of the exemption or from the date on which the decision on its withdrawal becomes final and shall comply with the provisions of Paragraph 64 mutatis mutandis.
§ 12
(1) A category B weapon may be owned and held or worn only by authorisation, unless otherwise provided for in this law.
(2) Category B ammunition may be owned, held and carried only by the holder of the arms licence or licence within the scope of the authorisations set out for each group.
(3) The authorisation referred to in paragraph 1 shall be sought by the holder of the arms licence or the arms licence on a prescribed form, the model of which shall be laid down in the implementing legislation. The content of the application shall be:
(a) personal data or data identifying a legal person;
(b) particulars of the weapon concerned by the authorisation, if known to the applicant,
(c) the number of the arms licence or licence; and
(d) the reason for the request.
(4) The holder of an arms licence who has his place of residence in another Member State shall also be required to submit the prior consent of that Member State to grant the authorisation referred to in paragraph 1 or to declare that prior consent is not necessary, to translate into the language of the Czech language, drawn up by the interpreter on the list of experts and interpreters.
(5) The competent police department shall authorise the possession or holding of a category B weapon if the applicant has a proper reason for doing so. A proper reason shall be deemed to be:
(a) the operation of museums or collectors' activities;
(b) carrying out sports, hunting, cultural or other interest activities or preparing for a profession;
(c) the operation of licensed trade in arms and ammunition;
(d) security of assets and persons;
(e) the provision of tasks under specific legislation, 10); or
(f) protection of life, health or property.
(6) The competent police department shall issue a category B weapon authorisation, if the applicant indicates the reason referred to in paragraph 5 (b), (c), (d), (e) or (f).
(7) At the applicant's request, the authorisation referred to in paragraphs 5 and 6 shall be granted by a single decision. Such authorisations may also be issued at the same time as the decision to issue an arms licence or licence.
§ 13
(1) The validity of an authorisation issued pursuant to Paragraph 12 shall cease if the person to whom the authorisation has been granted has ceased to hold an arms licence or a licence. The authorisation to acquire ownership of a category B weapon shall continue to expire if it is not used within 12 months of its issue.
(2) An authorisation issued pursuant to Paragraph 12 shall be withdrawn by the competent police department if the proper reason for which it was issued has passed; This does not apply if the authorisation has been issued under Paragraph 12 (5) (f).
(3) In the event of the expiry of the authorisation referred to in the first sentence of paragraph 1 or its withdrawal pursuant to paragraph 2, the owner of a category B weapon shall surrender the weapon to the competent police department within 10 working days of the expiry of the authorisation or of the date on which the decision on its withdrawal becomes final and shall comply with this law (§ 64).
§ 13a
(1) The competent police department shall withdraw an authorisation issued pursuant to Article 12 for the acquisition, possession and carrying of a category B firearm for medium-fire ammunition, provided that the holder of such a weapon has an unjustly held with the appropriate above-limit magazine.
(2) In the event of withdrawal of the authorisation referred to in paragraph 1, the owner of a category B weapon shall surrender the weapon to the competent police department within 10 working days of the date on which the decision to withdraw the weapon is taken.

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Regulation Information

CitationAct No. 119 / 2002 Coll., on firearms and ammunition (Act on Weapons)
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation09.04.2002
Effective from01.01.2003
Effective until-
Status Valid
The regulation text is for informational purposes only.
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