Act No. 13 / 2021 Coll.
Act amending Act No. 119 / 2002 Coll., on firearms and ammunition (Act on Weapons), as amended, Act No. 156 / 2000 Coll., on verification of firearms and ammunition, as amended, and Act No. 634 / 2004 Coll., on administrative fees, as amended
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Effective from 30.01.2021
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13
THE LAW
of 16 December 2020
amending Act No. 119 / 2002 Coll., on Firearms and Ammo (Firearms and Ammo Act), as amended, Act No. 156 / 2000 Coll., on Verification of Firearms and Ammo, as amended, and Act No. 634 / 2004 Coll., on Administrative Charges, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Arms Act
Act No. 119 / 2002 Coll., on firearms and ammunition (Act on Weapons), as amended by Act No. 320 / 2002 Coll., Act No. 227 / 2003 Coll., Act No. 228 / 2003 Coll., Act No. 537 / 2004 Coll., Act No. 206 / 2005 Coll., Act No. 2016 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 310 / 2006 Coll., Act No. 170 / 2007 Coll., Act No. 170 / 2013 Coll., Act No. 124 / 2008 Coll., Act No. 189 / 2008 Coll., Act No. 148 / 2010 Coll., Act No. 375 / 2011 Coll., Act No. 420 / 2011 Coll.
1. In Article 1, the following paragraph 1 is added:
"(1) The right to acquire, hold and carry a weapon is guaranteed under the conditions laid down in this Act."
Paragraphs 1 to 4 shall be renumbered paragraphs 2 to 5.
2. At the end of footnote 32, the words "and Directive 2017 / 853 of the European Parliament and of the Council of 17 May 2017 amending Council Directive 91 / 477 / EEC on control of the acquisition and possession of arms' shall be added.
3. In Article 1 (2), the words "the handling of firearms (" the weapon ") 'are replaced by the words" the handling of weapons'.
4. In Paragraph 1 (5), "2 'is replaced by" 3'.
5. Paragraph 2 (1) reads as follows:
"(1) For the purposes of this Act, weapons shall mean firearms listed in the categories of weapons. The types of weapons and ammunition are defined in Annex 1 to this Act. ';
6. in Article 2 (2) (c), the words "permanent or temporary stay (5) of a stranger, (6)" shall be replaced by the words "place of registered residence (6),"
footnote 5 is deleted.
7. footnote 6 reads as follows:
"6) § 93 of Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended."
8. In Article 2, at the end of paragraph 2, the dot is replaced by a comma and the following points (f) and (g) are added:
"(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. ';
9.
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. ';
footnote 8 is deleted.
10. in § 4 (a) (1):
"1. particularly effective,"
11. in Article 4 (a), the word "a" shall be added at the end of point 4 and point 5 shall be deleted;
Points 6 and 7 shall become points 5 and 6.
12. in Article 4 (a), at the end of point 5, the word "a" is replaced by a semicolon and point 6 is deleted;
13. in Paragraph 4 (b):
"(b) ammunition with a bullet through-the-gun, explosive or incendiary or other projectile containing active charges, not involving signal charges or ammunition containing a pyrotechnic article under the pyrotechnic Act;"
14. in Paragraph 4, the semicolon is replaced by a dot at the end of point (b) and point (c) is deleted;
15. The following Section 4a is inserted after Section 4:
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 spherical firearms with a shock or missile intended to increase the explosive effect. ';
16. in Article 6 (b), the words "for outboard or centre-bound ammunition or for Lefaucheux type of ammunition" shall be inserted after the word "weapons."
17. in Article 6, at the end of (c), the word "a" shall be deleted;
18. In Article 6, at the end of point (d), the dot is replaced by "a 'and the following point (e) is added:
"(e) silencers designed to be used with firearms and designed to reduce the total noise of a shot in the direction of fire, including the reduction of the noise of a shot in the direction of fire."
19. The following Section 6a is inserted after Section 6, including the title and footnote 40:
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).
40) Commission Implementing Regulation (EU) 2015 / 2403 of 15 December 2015 laying down common guidelines on standards and techniques for the deactivation of firearms to ensure that degraded firearms are irreversibly incapable of firing. ';
20.
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. ';
21. In the first sentence of Article 9 (1), the words "and A- I" shall be inserted after the words "category A";
22. in Paragraph 9 (2) of the Introductory Part of the provision, the words "if it is a category A weapon," shall be inserted after the word "exemption."
23. in Article 9 (2) of the introductory part of the provision, the words "or C" shall be deleted.
24. in Article 9 (2), the word "or" shall be added at the end of point (d).
25. In Paragraph 9 (2) (e), the words "in which case the weapon shall be irreversibly modified so that only training cartridges and cartridges may be used in the shooting," shall be deleted.
26. in Paragraph 9 (2), at the end of point (e), the word "or" shall be replaced by a dot and point (f) shall be deleted;
27. in Paragraph 9 (3), "to (f)" is replaced by "to (e)";
28. In Article 9, the following paragraph 5 is added:
"(5) Collective activities referred to in paragraph 2 (a) and Article 11a (1) (a) shall mean activities consisting of the collection and preservation of firearms, their essential parts or ammunition for historical, cultural, scientific, technical, educational or historical purposes.";
29. in Article 10 (1), point (e) is deleted;
Points (f) and (g) shall become points (e) and (f).
30. In Article 10 (3), the words "still in another Member State of the European Union, another Contracting State of the Agreement on the European Economic Area or the Swiss Confederation (hereinafter referred to as the" Member State ") 'are replaced by the words" in another Member State'.
31. in Article 11 (2), the words "pursuant to Article 9 (2)" shall be inserted after the word "exemption."
32. the following Sections 11a to 11c are inserted after Section 11:
(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.
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.
(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 an 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 act mutatis mutandis in accordance with Paragraph 64. '.
33.In Article 12 (3) (b), the words "; the mark of the manufacturer of the weapon, the model (s), the calibre and the serial number of the weapon shall be deleted only in the case of '.
34. in Articles 12 (4) and 17 (4), the word "yet" shall be deleted;
35. the following Section 13a is inserted after Section 13:
(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. ';
36. The following Section 14a is inserted after Section 14:
(1) A category C-I weapon may, unless otherwise specified, acquire ownership, hold and carry a natural person who:
(a) is over 18 years of age,
(b) is fully arbitrary; and
(c) has a place of residence in the Czech Republic.
(2) The police will ensure, in accordance with the procedure set out in Section 57, a weapon of category C-I if:
(a) its holder has been definitively recognised as guilty of the offence referred to in Article 22 (1) (a) or (b); in order to verify this fact, the police may require an extract from the Register of Penalties; or
(b) a change in the health status of its holder which may constitute a direct threat to life or health in relation to the handling of arms of this category; Article 20a (3) shall apply mutatis mutandis to the health change of the holder of a C-I weapon.
(3) Weapons of category C-I can be owned and held by a legal person with a registered office or a fissile plant in the Czech Republic.
(4) The holder of a category C-I weapon may not:
(a) carry a weapon visibly in public or in a place accessible to the public unless it is involved in an action involving the shooting or similar handling of arms and where such a method of carrying a weapon may be considered to be normal and proportionate to the nature of the action, taking into account local conditions; Article 29 (4) shall apply mutatis mutandis to the carriage of a category C-I weapon to such a place;
(b) carry a weapon or carry it in public or in a place accessible to the public in any way, where its ability to do so is reduced by the use of alcoholic beverages, addictive substances, medicines or as a result of illness;
(c) transfer ownership of a weapon of category C-I or ammunition to a natural person who does not fulfil the conditions referred to in paragraph 1, unless otherwise specified;
(d) to transfer a category C-I weapon or ammunition to a person who does not fulfil the conditions referred to in paragraph 1 (a) or (b); and
e) Shoot from weapon category C-I
1. referred to in Article 6a (b), (d), (e), (f), (g) or (h) so as to endanger life, health, property or public order;
2. referred to in § 6a (c) outside the shooting range or a place where it is entitled to do so under another legislation, unless the use of a weapon is involved in the protection of life, health or property.
(5) The holder of a category C-I weapon shall be obliged to:
(a) to report the acquisition of ownership of a category C-I weapon or the transfer of ownership of a category C-I weapon with which he has been handling until now to the competent police department within 10 working days of the date on which this occurred; and
(b) to keep records of arms of category C-I which are the subject of his business activity, in relation to an arms and ammunition entrepreneur; the C-I weapons register is maintained by an arms and ammunition dealer in the Central Arms Register.
(6) The implementing act shall set out the model of the declaration form referred to in paragraph 5 (a), the manner and extent in which the central arms register or any other information system enabling access using a guaranteed electronic identity shall be used to report the acquisition or transfer of ownership to a category C-I weapon or to keep records of weapons of category C-I. '.
37. In Paragraph 15 (1), at the end of the first sentence, the words "unless otherwise provided for by this law 'shall be added.
38. In the second sentence of Article 15 (1), the words "the holder of an armaments licence or 'shall be added after the words" and to hold also'.
39. in Article 15 (2), "or (b)" is replaced by "or (i)";
40. in Article 15 (3), the words "(c) to (g) or the weapon referred to in Article 7 (k)" shall be replaced by the words "(b) to (d)";
41.Paragraph 15 (4) reads as follows:
"(4) Category D weapon holder shall:
(a) take greater care when handling weapons, ammunition, powder and matches and follow the operating rules of the shooting range;
(b) to secure the weapon and ammunition in it against misuse, loss or theft. ';
42. In Article 15 (5) (a):
"(a) carry a weapon visibly in public or in a place accessible to the public if it does not participate in an action involving the shooting or similar handling of arms and where such a method of carrying a weapon may be considered to be of a normal and proportionate nature to the local circumstances of the action; Article 29 (4) shall apply mutatis mutandis to the carriage of a category D weapon to such a place, ';
43. In Paragraph 15 (5), the words' shall be added at the end of the text in point (c); however, a category D gas weapon or a paintball weapon may also be left to a person who has reached the age of 15; the surrender of such a weapon to that person shall be subject to the consent of its legal representative, guardian or guardian '.
44. In Article 15, the following paragraph 6 is added:
"(6) The provisions governing the export, import, transit or transport of a weapon of category D which is a firearms shall apply mutatis mutandis to the export, transit or transport of a weapon of category C-I; an application for authorisation of transport shall be submitted by the trader on the prescribed form. The transfer of a weapon of category D, which is a firearm, to a person who does not have a residence in the Czech Republic, shall be deemed to be a permanent export of such a weapon. '
45. in Article 23 (1) (c) (3), the words "before alcoholism and other toxic substances" shall be replaced by "before the harmful effects of addictive substances."
46. The following Section 24a is inserted after Section 24:
The competent police department shall check at least once every 5 years that the holder of the firearms licence fulfils the conditions laid down in Article 18 (1) (a), (c), (f) and (g). ';
47. In Articles 28 (1) (a), 29 (1) (k), 38 (4) (a), 38 (5) (a), 38 (6) (a), 38 (7), first sentence, and 38 (8) (a), the words "or A- I" shall be inserted after the words "category A."
(1) (a) (1) (1) (a) (1) (1) (a) (1) (1) (a) (1) (1) (a) (1) (1) (1) (a) (1) (1) (1) (a) (1) (1) (a) (1) (1) (1) (a) (1) (1) (a) (1) (1) (1) (1) (a) (1) (1) (a) (1) (1) (a) (1) (1) (a) (1) (a) (1) (1) (1) (a) (1) (1) (1) (1) (a) (a) (1) (1) (1) (1) (1) (1) (1) (1) (a) (a) (1 (1) (1) (1) (a) (a) (2) (1 (a) (a) (a) (1) (a) (a) (1 (2) (2) (2) (
49. in Paragraph 28 (2) (a):
"(a) acquire ownership and hold, or carry, a weapon of category A-I to which he has been granted a derogation, a weapon of category B to which he has been authorised, or a weapon of category C; this weapon, or, where appropriate, a weapon with a gunshot silencer installed or otherwise installed, may only be worn in the shooting range or in places where he is authorised to do so under specific legislation; and ';
50. in Paragraph 28 (2) (b), the words "A- I," shall be inserted after the word "category."
(51) In Article 28 (3) (a), the words' shall be inserted after the words' the arms licence is issued ', and the weapon with the silencer deployed or otherwise installed may be worn only on the shooting range or in places where it is authorised to do so under specific legislation'.
52. In Paragraph 28 (4) (a), the words "A-I weapon to which a derogation has been granted" shall be inserted after the words "wear."
53. In Paragraph 28, the sentence "Shots not fired from weapons and fire from a signal weapon using signal rounds shall be added at the end of paragraph 5, and the holder of an arms licence shall also be entitled to carry out at a place where it is ensured that life, health, property or public policy is not compromised. ';
54. In Paragraph 29 (1), the words "and comply with the operating rules of the shooting range" shall be added at the end of the text of point (a).
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Regulation Information
| Citation | Act No. 13 / 2021 Coll., amending Act No. 119 / 2002 Coll., on firearms and ammunition (Act on Weapons), as amended, Act No. 156 / 2000 Coll., on the Verification of Firearms and Ammunition, as amended, and Act No. 634 / 2004 Coll., on Administrative Charges, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.01.2021 |
|---|---|
| Effective from | 30.01.2021 |
| Effective until | - |
| Status | Valid |
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