Decree of the Ministry of Health No. 127 / 1996 Coll.
Ordinance of the Ministry of Health on medical fitness for issue or renewal of an arms licence and on the declaration of the applicant
Valid
Order
Effective from 17.05.1996
Text versions:
17.05.1996
127
DECLARATION
Ministry of Health
of 23 April 1996
on medical fitness for the issue or renewal of an arms licence and on the declaration of the applicant
The Ministry of Health, in agreement with the Ministry of the Interior, provides, pursuant to § 86 (6) and for the implementation of § 42 (5) of Act No. 288 / 1995 Coll., on firearms and ammunition (Firearms Act):
A medical assessment, which is one of the conditions for possession or carrying of weapons and ammunition under the Firearms Act, shall be issued on the basis of a written submission by an applicant for the issue of an arms licence or for the extension of the validity of an already issued weapon licence (the applicant) and shall be the result of a medical examination by the assessor, 1) or psychological and other necessary examinations made on the basis of his request, unless otherwise specified.
(1) Before issuing the medical opinion on the applicant, the assessor shall request an appropriate expert assessment of the applicant's health status (hereinafter referred to as the "professional assessment ') where the applicant's medical condition justifies this procedure, or where the applicant is in the care of another doctor or psychologist. When deciding on the need to carry out a professional assessment, the assessor shall base his assessment on the need to exclude the diseases, defects and conditions listed in Sections 2, Part I and II of Annex No 2.
(2) In cases of professional assessment as referred to in paragraph 1, the assessor who requested such assessment shall lend it to the applicant's medical documentation or provide him with an extract thereof.
(3) When assessing the medical fitness of the applicant, the assessor shall be bound by the conclusions of the expert assessments requested.
(1) Each doctor shall verify the identity of the applicant's person prior to each medical examination under the previous provisions. The conclusions of its findings, examinations or expert assessments shall be recorded in the applicant's medical file.
(2) The assessor shall clearly indicate in the medical file that he or she is a person who is the holder of or has requested or requested to be issued with negative result.
(1) In the case of a medical fitness assessment for the issue of a group B firearms licence, and in the absence of an applicant meeting the medical criteria for the issue of a group C weapon licence, the assessor shall always require a professional assessment by the physical practitioner and shall, to that end, lend him the applicant's medical documentation or extract.
(2) A medical practitioner shall carry out an expert assessment on the basis of knowledge of the applicant's health status and the health claims associated with the use of a particular weapon or ammunition on the shooting range.
(3) Diseases, defects and states restricting the issue of the arms licence referred to in Part I of Annex No 2 shall be recorded in the health file by the physical practitioner in full, indicating any restrictions resulting from the condition or compensation mechanisms found in his assessment.
The applicant may be recognised as unfit only if his examination under the previous provisions has not identified a condition, disease or defect which prevents the safe use of the firearms and ammunition. The states, diseases or defects preventing the safe use of firearms and ammunition are listed in Annex 2.
(1) The medical assessment of the applicant is published on the form of the Ministry of Interior of the Czech Republic. 2)
(2) The assessment shall always be accompanied by the signature of the assessor, his name, the stamp of the medical establishment and the date of the drawing up.
(3) The medical opinion must be clear and must not contain a diagnosis.
If the gun licence is used for professional purposes, the assessor shall immediately inform the applicant's employer of the negative conclusion of the medical opinion.
(1) In the event of a change in medical fitness due to a change in or development of the health status of the holder of a firearms licence under the Firearms Act, 3) the assessor shall issue a new medical opinion on the basis of the conclusions of his own examination or of his own complaint or warning or other medical examinations. In doing so, it is based on the results of the examinations which follow the therapeutic purpose.
(2) In justified cases, in particular as referred to in paragraph 1, the assessor is entitled to request further expert assessment to clarify the diagnosis.
(3) In the case of an exceptional medical assessment referred to in paragraph 1, the opinion shall be issued on a form marked "EXCHANGE INDICATION '.
The decision regarding the medical fitness assessment for the issue of an arms licence or the extension of its duration shall be taken in accordance with § 77 (1) to (4) of Act No. 20 / 1966 Coll., on the care of the health of the people, as amended.
This decree shall take effect on the day of its publication.
Minister:
PhDr.
Příloha č. 1
Annex No 1 to Decree No. 127 / 1996 Coll.
Declaration by the applicant on his medical fitness
Příloha č. 2
Annex No 2 to Decree No. 127 / 1996 Coll.
Medical fitness to obtain and hold a group A, B and H firearms licence
Diseases, defects and medical incapacity
1. organic mental disorders including symptomatic disorders,
2. mental and behavioural disorders caused by the consumption of psychoactive substances (except for isolated uncomplicated intoxication),
3. schizophrenia, schizophrenia and delusions.
Diseases, defects and conditions which require expert assessment and for which the positive assessment conclusion is subject to expert judgement
1. mental and behavioural disorders:
(a) mental and behavioural disorders due to the consumption of psychoactive substances (except for isolated, uncomplicated acute intoxication),
Note: Assessment of potential fitness requires at least three years of abstinence from cessation of treatment and is subject to evaluation by both a psychiatrist and a psychologist.
(b) affective disorders (mood disorders),
(c) severe neurotic, stress and somatoform disorders,
(d) personality and behaviour disorders,
(e) severe behavioural disorders associated with physiological disorders and somatic factors;
(f) personality structure and dynamics disorders:
(fa) disturbances in attention for longer-lasting loads;
fb) psychomotor disorders (RCs, psychomotor rate, motor dexterity etc.),
fc) disturbances in the field of perception, thinking, memory, decision making,
(fd) emotional disturbances:
- tendencies towards pathic anxiety reactions,
- uncontrolled aggression, hostility, destructive or self-destructive tendencies,
- explosion, impulse, etc.,
(f) social adjustment disorders:
- the tendency to transpose standards, regulations and laws,
- recurring conflicts with authorities,
- the tendency to raise conflicts with others,
(ff) self-evaluation disorders: impaired ability to adequately assess your physical and psychological options (e.g. self-evaluation, strong behavior, excessive risk-taking and self-demonstration, etc.),
fg) impaired ability to follow the principle of reality in negotiations and anticipate the development of social situations and the consequences of self-action,
2. organic diseases with psychopathology,
3. Reduced level of intellect.
Medical fitness to obtain and hold a C, D, E, F and G arms licence
Diseases, defects and medical incapacity
1. organic mental disorders including symptomatic disorders,
2. mental and behavioural disorders caused by the consumption of psychoactive substances (except for isolated acute intoxication),
3. schizophrenia, schizophrenia and delusions
4. systemic atrophy primarily affecting the central nervous system,
5. extrapyramidal and movement disorders,
6. other degenerative diseases of the nervous system,
7.
8. Reduction of visual acuity below 6 / 12 on each eye separately after correction,
9. Hearing disturbances preventing speech from communicating at a distance of less than 6 metres;
10. diseases in the inner ear accompanied by disturbances of balance.
Diseases, defects and conditions which require expert assessment and for which the positive assessment conclusion is subject to expert judgement
1. mental and behavioural disorders - see section I Section 2 No 1,
2. organic diseases with psychopathology,
3. diseases of the nervous system:
(a) demyelinating central nervous system diseases,
(b) diseases which indisputably exclude or restrict the safe control of the weapon and the handling of arms and ammunition:
- nerve disease, nerve roots and knitting,
- polyneuropathy and other peripheral nervous system diseases,
4. eye diseases and eye adnex:
(a) visual disturbances, with single-octopy permitted if the remaining eye has a visual acuity of 6 / 6 corrected,
(b) other diseases in the eye and eye adnex which indisputably exclude or restrict the safe control of arms and ammunition;
5. Ear and nipple disorders:
(a) eagerness,
(b) other ear diseases which indisputably exclude or restrict the safe handling of arms and ammunition;
Note: In contentious cases, detailed audiological and vestibular examination is required.
6. in the case of diseases of the muscle and skeletal system and connective tissue, diabetes mellitus and other endocrine diseases and the conversion of substances, as well as diseases of other body organs and organs: states and defects which indisputably exclude or restrict the safe control of arms and ammunition,
7. reduced level of intellect.
1) Paragraph 42 (1) of Act No. 288 / 1995 Coll., on firearms and ammunition (Firearms Act).
2) Annexes No 10 and 11 to the Order of the Ministry of the Interior No. 50 / 1996 Coll., on the implementation of certain provisions of the Firearms Act.
3) § 42 paragraphs 2 and 3 of Act No. 288 / 1995 Coll.
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Regulation Information
| Citation | Decree of the Ministry of Health No. 127 / 1996 Coll., on medical fitness for the issue or renewal of an arms licence and on the declaration of the applicant |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.05.1996 |
|---|---|
| Effective from | 17.05.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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