What is Act No. 14 / 2021 Coll.?

Act No. 14 / 2021 Coll., on the Handling of Weapons in Certain Cases Affecting the Internal Order or Security of the Czech Republic — Law on arms management in certain cases affecting the internal order or security of the Czech Republic.

When it became Act No. 14 / 2021 Coll. effectiveness?

Act No. 14 / 2021 Coll. became effective 30.01.2021.

Is Act No. 14 / 2021 Coll. still valid?

Yes, Act No. 14 / 2021 Coll. is still valid and effective.

Act No. 14 / 2021 Coll. - Law on arms management in certain cases...

14

THE LAW

of 17 December 2020

on the handling of arms in certain cases affecting the internal order or security of the Czech Republic

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

PRESENTATION OF REVENUE IN CERTAIN CASES INCLUDING INTERNAL ORDER OR SECURITY OF THE CZECH REPUBLIC

HLAVA I

INTRODUCTORY PROVISIONS

§ 1

Subject matter

That law provides

(a) the prohibition of armed groups; and

(b) measures which may be laid down by the Government in relation to the conditions of arms management in cases affecting the internal order or security of the Czech Republic.

§ 2

Weapons and their handling

(1) For the purposes of this Act, a weapon means:

(a) firearms and ammunition under the Firearms and Ammunition Act ("the Firearm");

(b) ammunition under the law governing the handling of ammunition,

(c) explosives under the law governing the handling of explosives; and

(d) a pyrotechnic article under the pyrotechnic act in respect of a pyrotechnic article which can only be handled by persons with professional competence.

(2) Save as otherwise provided in this Law, the laws referred to in paragraph 1 shall apply to the handling of arms under Title III of this Part.

HLAVA II

PROHIBITION OF COLLECTED GROUP

§ 3

(1) It is prohibited to establish, organise or arm an armed group or to participate in its activities.

(2) An armed group means a group of persons who, at the same time:

(a) has the character of a paramilitary armed forces;

(b) is intended for the armed pursuit of objectives based on political, religious or other ideology; and

(c) handle arms, seek access to weapons, or organise persons who dispose of weapons.

HLAVA III

GOVERNMENT MEASURES IN RELATION TO THE CONDITIONS FOR PRESENTATION OF LOSSES IN CASES OF INDIVIDUAL INTERNAL ORDER OR SECURITY OF THE CZECH REPUBLIC

Díl 1

Handling firearms in the shooting preparation system

§ 4

Shooting preparation system

(1) A shooting training system is established to improve the knowledge, skills and skills of persons authorised to handle firearms for the purpose of ensuring internal order or security of the Czech Republic.

(2) The shooting training system consists of programmes of shooting preparation, the organisation and content of which are laid down by the Government by regulation and which include training or training or similar training in the field of firearms management and, where appropriate, assessed shooting. The Government may define for the relevant shooting programme by means of a regulation, individual courses including training, training and assessed shooting (hereinafter referred to as the "course ').

§ 5

Shooting programme

(1) The shooting programme for the internal order and security of the Czech Republic is organized by the Ministry of Interior and the Ministry of Defence for the defence of the Czech Republic.

(2) The Government may, by regulation, provide that the shooting programme is to be provided by an accredited person when courses are set for such a shooting programme.

(3) Participation in the shooting programme is voluntary. The person participating in the shooting programme shall not be entitled to reimbursement of the costs of his or her participation in the shooting programme, unless otherwise provided for by other legislation.

(4) The Government may, by regulation, define the conditions for participation in the shooting programme in respect of:

(a) the continuity of the shooting programme to the population preparation system under another legislation;

(b) possession of the authorisation to dispose of firearms by a participant in a training programme pursuant to Article 6;

(c) citizenship of the person participating in the shooting programme;

(d) the minimum age, medical conditions or criminal or criminal integrity of a participant in a shooting programme;

(e) the obligation to comply with additional qualification conditions for the establishment and duration of participation in the shooting programme; other qualification conditions may include, in particular, regular assessed shootings or participation in compulsory training and training.

(5) A person meeting the conditions laid down by a government regulation issued pursuant to paragraph 4 may be a participant in a shooting programme; compliance with those conditions shall be demonstrated by a government regulation with a public authority which provides for the organisation of the relevant shooting programme or with an accredited person by submitting the relevant documents or certificates, or, failing that, by submitting a declaration of honour.

§ 6

Authorisation to dispose of firearms in the shooting preparation system and advance payment

(1) A person participating in the firearms training system of the relevant shooting programme is entitled to handle firearms which:

(a) keep it under another legislation;

(b) keeps, on the basis of the ababation of the shooting preparation system, or

(c) have been left to it under the shooting programme.

(2) The person involved in the shooting programme and the firearm being handled in the shooting training system shall be a reserve of the State to carry out the tasks of ensuring the internal order or security of the Czech Republic or the defence of the Czech Republic, under conditions laid down by the Government by a regulation issued pursuant to § 17 or other legislation. The fact that a firearm is, according to the sentence of the first established reserve of the State, shall be indicated in the central register of weapons established under the Firearms and Ammo Act, if such a firearm is registered in it.

Aprobation in the shooting preparation system

§ 7

(1) Aprobation in a firearms training system demonstrates the ability of its holder to dispose of a specific category of firearms, is the legal basis for the authorisation to dispose of a category of firearms, if required, and provides evidence of another authorisation, if provided for in this Act or Government Decree. The Government shall, by means of a regulation, establish programmes for the shooting preparation which may be obtained after completion of the shooting preparation system and shall determine the categories of firearms for which, according to the sentence of the first and probation in the shooting preparation system, they are issued.

(2) The conditions for obtaining and probation in the shooting training system shall be met by those who have completed the shooting programme and have achieved a specified level of expertise, skills and, where appropriate, performance in the management of firearms by the Government.

(3) The Government may, by regulation, provide for a way of supporting the shooting preparation of holders and probation in the shooting preparation system. Support for shooting training may be limited to holders and probation in the shooting training system obtained through the completion of a specific shooting programme.

(4) In particular, support for the shooting preparation referred to in paragraph 3 may take the form of:

(a) the free transfer of a firearm or other related State-owned material into the possession of the holder of the ababation in a shooting training system or at a reduced amount;

(b) in-kind or financial support for participation in the shooting training course, the aid may also be granted through an accredited person;

(c) material or financial support for the individual shooting preparation of the holder and probation in the shooting preparation system; and

d) enabling the free use of movable and immovable property of the Czech Republic or its use for a reduced amount, provided that this does not jeopardise the performance of the tasks of the organisational body of the State responsible for managing such property.

§ 8

(1) The public authority which provides for the organisation of the relevant shooting programme or the accredited person shall issue a certificate to the person participating in the shooting programme that fulfils the conditions for obtaining and probation in the shooting preparation system for the purposes of issuing and probation in the shooting preparation system.

(2) The police of the Czech Republic shall issue and probation in the shooting preparation system at the request of a person who can demonstrate compliance with the conditions for obtaining and probation in the shooting preparation system by submitting the confirmation referred to in paragraph 1. The certificate referred to in the first sentence shall not be more than 3 years old.

(3) A firearm with which a person participating in a shooting programme is treated on the basis of an ababation in a shooting training system which is a weapon subject to registration under the arms and ammunition law must be registered; the provisions of the arms and ammunition registration law subject to registration shall apply mutatis mutandis to the registration of such a weapon. When registering a firearm in accordance with the first sentence, the acquisition of a firearm shall also be recorded on the basis of an approval in the shooting preparation system.

(4) Aprobation in the shooting training system is suspended for the duration of suspension of the arms authorisation.

(5) The validity and probation of the firearms training system is no longer valid if its holder has ceased to hold an arms licence under the arms and ammunition law. If a person holding a firearm on the basis of a firearm has ceased to be in force and probation, he / she shall act in a similar manner as in the event of the waiver of his / her authorisation to dispose of such a weapon under the Arms and Ammunition Act.

§ 9

Release of a firearm within the shooting preparation system

(1) The firearm can be left to the person involved in the shooting preparation system of the relevant shooting programme

(a) under the conditions laid down by the Government by the Regulation, if the firearm with which the authority providing the organisation of the shooting programme or the accredited person is responsible is left to it; or

(b) if it has obtained appropriate approval in the shooting preparation system.

(2) A public authority which organises a shooting programme or an accredited person shall ensure that the supply and reception records of firearms are kept by the person involved in the shooting programme.

(3) The holder of an ababation in the shooting training system to which the firearms referred to in paragraph 1 are left for a period outside training and training organised in the framework of the shooting programme shall notify the transfer of such a firearm to the Regional Directorate of the Police of the Czech Republic locally responsible for his permanent residence, no later than 10 working days after the date of its surrender.

Accredited Person

§ 10

(1) The accredited person is the person who has been granted the accreditation for the course provision under the shooting programme.

(2) Accreditation shall be granted by the authority which organises the relevant shooting programme to the applicant who:

(a) holds an arms licence of the ZL1 or ZL2 group or an unremoved public body under the arms and ammunition law;

(b) demonstrate its ability to provide the course to the extent laid down by the Government Decree;

(c) submit a course project defining the organisation, content and scope of theoretical and practical preparation and the organisation and content of the assessed missiles, including the maximum number of participants in the course;

(d) submit a draft internal regulation defining the principles of the activity of the accredited person and the method of verifying the qualifications of the accredited instructor; and

(e) demonstrate that it has the premises and equipment necessary to provide the course, including authorisation to use the appropriate shooting range.

(3) The accredited person shall:

(a) following the course requirements laid down by the Government Regulation, update the project referred to in paragraph 2 (c) and the internal regulation referred to in paragraph 2 (d) and ensure compliance with the course requirements;

(b) ensure that the qualification of a professional instructor is verified at all times before the training instructor begins and thereafter before the expiry of 3 years from the date of the qualification;

(c) ensure the conduct of a course under the direct direction of a professional instructor qualified for the relevant shooting programme, process a record of the certification of the training instructor's qualifications in the form and scope laid down by the Government of the Regulation and retain those records for a period of 10 years from the date of termination of the training instructor's activity for the accredited person;

(d) have the necessary premises and equipment throughout the course, including the appropriate shooting range;

(e) keep a list of participants, including a record of their participation;

(f) no later than 10 working days before the beginning of the course, indicate the conduct of the course, including the place and time of the course, in the Central Arms Register under the Arms and Ammo Act and enter into the Central Arms Register of each participant in that course before the beginning of the course;

(g) to notify the authority which granted the accreditation of changes to the data relevant to its award and to provide supporting documents thereon within 10 working days of the date on which it took place; where changes to such data affect the organisation of a course which has already begun or will start within less than 10 working days of the date on which the change occurred, the accredited person shall notify such changes without delay;

(h) within 10 working days of the end of the course, to process the course record in the form and extent laid down by the Government of the Regulation, to include in particular information on the course completion by its participant and to keep those records for 10 years from the end of the course;

(i) issue a certificate for the purpose of issuing and probation in a shooting training system only to a person who fulfils the conditions for obtaining and probation under a course provided by an accredited person; and

(j) keep a register in accordance with Section 14a of the Central Arms Register under the Arms and Ammo Act.

§ 11

The body which has granted accreditation shall check at least every 5 years that the accredited person fulfils the conditions set out in Article 10 (2); to that end, the authority granting the accreditation shall be entitled to invite the accredited person to prove the relevant facts.

§ 12

(1) Accreditation shall be suspended for the duration of suspension of the arms licence.

(2) Accreditation shall cease if:

(a) an arms licence has expired to an accredited person under the arms and ammunition law;

(b) the accredited person renounces the accreditation; or

(c) the accredited person has been withdrawn from the accreditation.

(3) The authority which granted the accreditation shall withdraw it if the accredited person:

(a) has repeatedly or grossly infringed the obligations laid down by this Law, the Arms and Ammo Act or the Ammo Act;

(b) has repeatedly failed to ensure that the course achieves its purpose or has repeatedly threatened its purpose;

(c) for a period of at least 3 years, does not ensure the course is held; or

(d) no longer fulfils any of the conditions set out in Paragraph 10 (2).

(4) A person who has been withdrawn from the accreditation for the reasons referred to in paragraph 3 (a) or (b) may apply for accreditation again no earlier than 3 years after the date on which the decision to withdraw the accreditation became final.

§ 13

Expert instructor

(1) The activity of a professional instructor may be carried out by a natural person for an accredited person,

(a) which is continuously held for at least 3 years by an extended weapons licence under the Arms and Ammo Act; and

(b) which has completed at least a secondary education with a graduate examination.

(2) The authority which provides for the organisation of the relevant shooting programme shall prohibit up to three years from carrying out the activity of a professional instructor to a person who, as a professional instructor, has repeatedly or grossly undertaken a course

(a) has infringed the obligations laid down in this Act, the Arms and Ammo Act or the Ammo Act; or

(b) jeopardise the achievement of the purpose of the course.

(3) The decision to prohibit the activities of an expert instructor referred to in paragraph 2 shall be notified to the accredited person for whom such a person carries out the activities of a professional instructor.

§ 14

Control

(1) Control of compliance with obligations under this episode is carried out by the authority which organises the shooting programme and by the Police of the Czech Republic.

(2) The control rules shall apply to the control carried out by the Czech Police under paragraph 1.

§ 14a

Central weapons register

(1) A central arms register is used for the execution of the State administration under this Act, for the provision of support for the shooting training system and for the implementation of the measures under Section 17 under the Arms and Ammunition Act.

(2) To the extent necessary for the performance of the tasks referred to in paragraph 1, the Central Arms Register shall contain data on:

(a) accredited persons;

(b) participants in the shooting programme;

(c) issued and certified for the purposes of the issue of basic and probation;

(d) persons and weapons forming part of a specified advance payment to the State;

(e) assessed shootings;

(f) support for shooting preparation; and

(g) other matters relevant to the performance of the administration and to the performance of other tasks under this Act or other legislation in the management of weapons in the shooting training system, including personal data on persons to whom these facts relate.

(3) The procedure for entering and maintaining data under this Act in the Central Arms Register is laid down by the Government by regulation.

§ 14b

Access of an accredited person to the Central Arms Register

(1) An accredited person or a designated person accedes to the Central Arms Register by means of an electronic identification device.

(2) The Regional Directorate of the Police will allow access to the Central Arms Register to an accredited person within 2 working days of the date of issue of the accreditation.

(3) The accredited person may ask the Regional Police Directorate to allow or prevent access to the Central Arms Register to designated persons.

§ 14c

Recording of data and keeping records in the Central Arms Register

Accredited person is required to enter data in the Central Arms Register

(a) participants in the course under the shooting programme provided by the accredited person;

(b) certificates issued for the purpose of issuing and probation;

(c) the completion of the assessed shooting by a participant in the shooting programme; and

(d) provided support for shooting preparation.

§ 14d

Storage and deletion of data in the Central Arms Register

(1) The data kept in the Central Arms Register under this Act shall be kept for a period of 30 years from the date on which the obligation to keep such data in the Central Arms Register has ceased to exist under this Act.

(2) Upon expiry of the period referred to in paragraph 1, the administrator of the Central Arms Registry shall ensure the erasure of personal data of accredited persons and participants in the shooting programme.

Díl 2

Other arms management measures in cases affecting the internal order or security of the Czech Republic

Special provisions on the handling of firearms by persons authorised to carry a service firearm

§ 15

(1) For the purposes of this Act, a person entitled to carry a service firearm shall:

(a) a member of an armed security force;

(b) a member of the Military Police; or

(c) Officer of the municipal police.

(2) A person authorised to carry a service firearm shall also be entitled to carry a service firearm during an off-duty or out-of-work period if:

(a) such a weapon corresponds to the official preparation and training of such a person;

(b) such a weapon is assigned to that person; and

(c) the armed security corps, the Military Police or the Municipality shall define the conditions for the disposal of military firearms left out of service or out of work in the internal regulation.

(3) A person authorised to carry a service firearm shall be entitled to use a firearm, which is the holder of the firearm under this Act or the Firearm Act, under the conditions laid down for the use of a service firearm.

§ 16

At the request of the Police of the Czech Republic, the Ministry of Interior or the Intelligence Service, the administrator of the information system in which the data on weapons are kept, in order to implement measures for the registration of data protection, shall provide information on the provision and use of data and access to this information system, including information on whose request this has been made. The information referred to in the first sentence and the request for it shall be transmitted in electronic form in a manner which allows continuous remote access.

§ 17

Handling of weapons in a state of crisis

(1) If this is necessary for the performance of emergency tasks, which means hazard status 1), emergency status, state threat status 2) or war status, the Government may, for the duration of the declared emergency status, by means of a regulation:

(a) establish, for a maximum period of three months at most, the conditions of loading or authorisation to dispose of firearms by way of derogation from the legislation referred to in Article 2 (1); or

(b) order an increased level of control on the arms sector.

(2) The Government of the Government of the Republic of Moldova provides for specific measures to protect, secret or prevent misuse of information systems and records containing information on the weapons and holders of the relevant authorisations; This is without prejudice to the provisions of other legislation on the security of networks and information systems. The Government may decide to implement the specific measures referred to in the first sentence in the event of a declaration of crisis.

(3) The conditions of disposal or authorisation to dispose of firearms laid down in paragraph 1 (a) shall not be contrary to the interest of natural persons in the protection of life, health or property in accordance with the arms and ammunition law.

HLAVA IV

TRANSFERS

§ 18

Transfers

(1) A natural, legal or operating natural person commits an offence by handling firearms in a state of crisis in breach of a government regulation issued pursuant to Article 17 (1) or by failing to take specific measures to protect, conceal or prevent the misuse of information on weapons and holders of the relevant authorisations imposed by a government regulation pursuant to Article 17 (2).

(2) A natural person, legal or business, commits an offence by:

(a) intentionally infringes the prohibition provided for in Article 3 (1); or

(b) as an accredited person infringes one of the obligations referred to in Article 10 (3).

(3) A natural person commits an offence by:

(a) intentionally infringes the prohibition provided for in Article 3 (1); or

(b) dispose of firearms or ammunition in the framework of a shooting training system contrary to § 6, 7, 8 or 9.

(4) A fine may be imposed for an offence up to the amount of:

(a) 200 000 CZK if the offence referred to in paragraph 2 (a) or paragraph 3 (a) is committed, or if the offence has been committed in the course of the business of the offender; or

b) 100 000 CZK in other cases.

(5) The offence referred to in paragraphs 1 to 3 shall be punishable, together with the fine, by the prohibition of an activity consisting in the prohibition of the use of weapons under this Act, participation in a shooting system, the activity of an accredited person or the treatment of weapons under the law referred to in Article 2 (1). A prohibition of activity under this provision may be imposed for a period of up to 7 years for an offence referred to in paragraph 2 (a) or 3 (a).

§ 19

Common provisions on infringements

(1) The transfers under this law are discussed

(a) Ministry of the Interior, if it is an offence pursuant to § 18 (2) (a) or § 18 (3) (a),

(b) the municipal authority of the municipality with extended scope in other cases.

Citation	Act No. 14 / 2021 Coll., on the Handling of Weapons in Certain Cases Affecting the Internal Order or Security of the Czech Republic
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	15.01.2021
Effective from	30.01.2021
Effective until	-
Status	Valid

Act No. 14 / 2021 Coll.

Law on arms management in certain cases affecting the internal order or security of the Czech Republic

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