Act No. 156 / 2000 Coll.
Law on the verification of firearms and ammunition
Valid
Law
Effective from 01.08.2000
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156
THE LAW
of 18 May 2000
on the verification of firearms and ammunition
Parliament has decided on this law of the Czech Republic:
VERIFICATION OF MULTIPLE COLLECTION AND MULTIVITY
BASIC PROVISIONS
Subject matter
This law governs
(a) the rights and obligations of manufacturers, importers, exporters, distributors and repairers of firearms, weapon accessories and ammunition ("controlled persons") as well as other persons handling firearms in their verification;
(b) the performance of the State Administration in the verification of firearms, weapon accessories and ammunition and in the control of the identification data of firearms or ammunition, in the provision of tasks arising from an international treaty bound by the Czech Republic, (4) and control activities related thereto.
Basic concepts
(1) For the purposes of this Act:
(a) controlled products of specified firearms, ammunition and specified accessories;
(b) a specified firearm or parts of a firearm (4b) which are subject to verification or control of identification data;
(c) specified ammunition or components thereof which are subject to verification or control of identification data;
(d) a specified supplement to a weapon subject to verification or control of identification data;
(e) the component of the ammunition is a bullet, cartridge, match, filler or combination thereof;
(f) verification of the activity at which the technical tests, measurements and test shooting reveal the characteristics of the products checked, the conformity with the technical requirements laid down therein (§ 4) and the marking of those products by test marks (§ 19),
(g) by the manufacturer, who designs or manufactures controlled products or essential parts thereof, or who has had such a product designed or manufactured, with a view to placing it on the market under the mark of his trading company, name, name and surname, trade mark or other distinguishing sign; the manufacturer of the controlled products shall also be considered to have carried out a major technical design change on the main part of the specified firearms or on another controlled product;
(h) by an importer who places on the market controlled products originating in the Czech Republic, including the Member States of the European Union, or represents a producer not located in the Czech Republic;
(i) by the distributor who, in the course of his business, sells controlled products, mediates their sale or otherwise makes them available on the market or provides them to users;
(j) the exporter who exports the controlled products from the Czech Republic,
(k) by an repairman who, in particular, removes defects, changes their characteristics according to the order or performs their maintenance, modification, assembly or adjustment of specified firearms or accessories;
(l) the placing on the market of any subscription or free-of-charge transfer or offer for the transfer of a controlled product for distribution or use, or the transfer of ownership of controlled products by the manufacturer, importer, distributor or repairer in the Czech Republic.
(2) The test mark shall be that which certifies that the controlled product has been verified in accordance with this Act or the International Agreement, which is bound by the Czech Republic (4) and meets the specified technical requirements;
(a) a uniform test sign means a test mark in accordance with an international treaty, which is the Czech Republic bound by 4);
(b) a national test sign means a test mark certifying compliance with national technical requirements.
(3) A further mark means a mark which is placed on a controlled product but does not certify that the controlled product has been verified in accordance with this Act or the international treaty, which is bound by the Czech Republic (4), nor that it meets the stated technical requirements; the next mark is in particular:
(a) a control mark which is a mark certifying that the controlled product is marked with identification details within the specified scope;
(b) the identification mark of the test laboratory, which is the identification mark under an international contract, which indicates the foreign service which has verified the product under control;
(c) the Office's identification mark, which is an identification mark certifying that the controlled product has been verified by the Czech Office for the Testing of Weapons and Ammunition (hereinafter referred to as the Office).
(4) The identification indication means an indication or symbol which is not a test mark, a control mark or an identification mark, or a double digit or symbol indicating the year of the test.
Weapons, ammunition and weapon accessories subject to verification
(1) The specified firearms are:
(a) firearms which are:
1. shotgun weapons,
2. Ball guns,
3. weapons equipped with ball and shotgun bases;
4. limited kinetic energy weapons;
5. disposable weapons,
6. historic weapons, replicas and imitation of historic weapons which are capable of firing;
7. ballistic gauges designed to detect ballistic values, in particular pressure, dispersion or velocity,
8. signal weapons,
9. narcotics weapons,
10. Expansion apparatus for which the primary source of energy is an explosive substance, which may, in particular, be a slaughterhouse or monetary instrument,
11. Expansion weapons, which are acoustic, salute, alarm and signalling weapons, gas and granular weapons,
(b) gas weapons which are:
1. aircrafts,
2. Winches,
3. carbon dioxide or other gas weapons,
4. paintball and airsoft weapons,
5. Metallic weapons,
6. narcotics weapons,
7. expansion apparatus for which the primary source of energy is gas,
(c) parts of the specified firearms, which are the main components of the weapons, as well as the date screws of the firearms charged by the mouth.
(2) The specified supplement is a silencer for firearms using medium-fire ammunition.
(3) The specified ammunition is:
(a) industrial and / or industrial ammunition for firearms;
(b) ammunition for expansion devices, which are:
1. industrially manufactured work casings,
2. Dust tablets
(c) Expansion weapons ammunition:
1. industrial acoustic casings,
2. Industrial gas casings,
3. industrial casings with granules,
(d) industrial missiles for gas weapons;
(e) industrially manufactured components of ammunition required for the assembly of cartridges or cartridges 4c) when marketed separately;
(f) an industrially manufactured filler intended for firearms which is not a component of the ammunition referred to in (e) when marketed separately.
(4) Verification is not subject to expansion apparatus the marketing of which is governed by specific legislation25).
This law does not apply to:
(a) specified firearms and ammunition intended for research, development and testing purposes, provided that such designation is confirmed by the Authority;
(b) mechanical firearms;
(c) controlled products handled by an exempted public body under the arms and ammunition law;
(d) controlled products manufactured or imported for the purposes of the Office in order to ensure its activities as set out in Article 17;
(e) firearms cartridges which, for their own use, have been manufactured by persons authorised under special legislation;
(f) firearms which are not intended to be fired, in particular weapons for museum or collector's purposes, or firearms for which the police of the Czech Republic have prohibited their use for shooting under the arms and ammunition law.
Technical and safety requirements for controlled products
(1) The technical and safety requirements for controlled products (hereinafter referred to as "specified technical requirements") shall be deemed to be met if, when placed on the market and during their distribution and use, they comply with the requirements laid down by specific legislation or, in the absence of such specific legislation, they meet the requirements laid down by Czech technical standards. Such products shall be able to perform the function for which they are intended and shall not endanger the health, life or property of their users or the natural environment (hereinafter referred to as "safety '), subject to conditions specified by the manufacturer or importer.
(2) After verification, compliance with the stated technical requirements for the products checked is expressed by a test mark (§ 19 (1)).
VERIFICATION OF CHECKED PRODUCTS
Verification of specified firearms
(1) Verification of specified firearms is carried out in the form of:
(a) approval;
(b) unit verification; or
(c) repeated unit verification.
(2) The verification referred to in paragraph 1 (a) to (c) shall not be carried out in respect of imported specified firearms before they are placed on the market, provided that they are marked on the basis of an international contract which is binding on the Czech Republic. 4)
(1) Homologation of specified firearms is a procedure whereby, after verifying two pieces of each type of specified firearms, a certificate of homologation is issued showing that:
(a) the type of specified firearm complies with the specified technical requirements;
(b) the technical and accompanying documentation is complete [Paragraph 18 (3) (a)]; and
(c) the checked person shall have calibrated meters and instruments and shall have a technical control system to the extent provided for in the Decree of the Ministry of Industry and Trade (hereinafter referred to as "the Ministry").
In the event that any of those requirements is not met, the Office shall refuse to issue a certificate of approval of a specified firearm.
(2) Homologation is subject to specified firearms
(a) firearms intended to be used for the firing of cartridges of a type of flexert with a cartridge chamber diameter up to and including 5 mm and a length up to and including 15 mm, or which have a cartridge chamber with a diameter and length of up to and including 6 mm, with a single drive load of the projectile giving power to the mouth, principally up to and including 7,5 J;
(b) expansion weapons and expansion devices designed for ammunition with an edge fire of up to and including 6 mm and a casing length of up to and including 7 mm;
(c) gas weapons for which the kinetic energy of the missile is mainly up to and including 10 J at the mouth.
(3) Homologation shall not be subject to the specified firearms referred to in paragraph 2 if the same manufacturer or importer places on the market a maximum of five weapons in one year; in that case, it shall be individually verified that each specified firearm complies with the requirements of paragraph 1 (a) and (b). The firearms thus verified shall be marked in the same way as those of a piece-verified weapon.
(4) The validity of the certificate of approval shall expire, unless otherwise specified, on the date indicated on the certificate, but not later than two years from the date of issue. No later than three months before its expiry, the manufacturer or importer may apply for an extension of the certificate for a maximum period of two years. To that end, it shall request an individual verification of five pieces of each type of approved firearm to determine whether those types comply with the specified technical requirements. The specified firearms submitted to the Office for individual verification in order to extend the validity of the certificate of approval shall be marked by the Office in the same manner as those of a piece-verified weapon.
Part-time verification of specified firearms is a procedure whereby the marking of each specified firearm is verified and demonstrated by an appropriate test sign that the firearm complies with the specified technical requirements. Part-time verification shall be carried out on all specified firearms except those approved. The Ministry shall determine the details of the Office's progress in the partial verification of specified firearms by decree.
Repeated partial verification of specified firearms is a procedure identical to that of unit verification and is carried out in cases where the specified firearm does not comply with the specified technical requirements for unit verification and is returned to the manufacturer or importer after marking the Authority's identification mark (§ 19). When the specified technical requirements are met, the specified firearm shall be marked with a test mark. The Ministry shall determine the details of the Office's progress in the re-verification of specified firearms by decree.
Verification of specified supplements
(1) Verification of specified supplements is carried out in the form of a partial verification.
(2) The verification shall not be carried out in respect of an imported fixed supplement before it is placed on the market if it is marked with a valid test mark under an international treaty, which is the Czech Republic bound by 4).
(3) Part-time verification of a specified supplement is a procedure whereby the marking of each specified supplement is shown by the appropriate test sign that the specified supplement complies with the specified technical requirements.
(4) The procedure for the partial verification of a given supplement is laid down in the Ministerial Decree.
Verification of specified ammunition
(1) Verification of the specified ammunition is carried out in the form of:
(a) type checks; or
(b) inspection checks.
(2) The verification shall not be carried out on the imported specified ammunition before it is placed on the market if it is marked with valid test marks on the basis of an international contract binding the Czech Republic .4)
(1) Type-control of a specified ammunition is a procedure whereby it is verified and demonstrated by issuing a certificate of type-control of ammunition that:
(a) the type of ammunition complies with the specified technical requirements;
(b) the technical and accompanying documentation is complete; and
(c) the inspected person is in a position to carry out the production control to the extent provided for in the Ministerial Decree.
In the event that one of those requirements is not met, the Office shall refuse to issue a type-control certificate for the specified ammunition.
(2) The validity of the type-control certificate of ammunition expires, unless otherwise specified, on the date stated on the certificate but no later than 3 years after the date of issue. No later than 3 months before the expiry of the certificate, the manufacturer or importer may apply for an extension of its validity for a maximum period of 3 years; to that end, request an inspection of the specified ammunition.
Inspection control of the specified ammunition is a procedure by which it is verified that the specified technical requirements under which the type control certificate for ammunition has been issued are met. Where such verification reveals deviations from the specified technical requirements, the certificate shall be withdrawn in the administrative procedure. Where the specified technical requirements are met, the validity of the certificate shall be extended for a maximum period of 3 years.
Control of identification data
(1) Control of identification data is a procedure whereby the Office indicates by marking the control mark that the controlled products are marked with identification data to the extent specified.
(2) The procedure for checking the identification data is laid down by the Ministry by decree.
(3) Control of identification data is not verification within the meaning of this Title.
Verification of pyrotechnic articles
Reimbursements
(1) The operation associated with the verification of the controlled product (in particular the issue of the certificate, the designation of the product by the test mark) or the operation associated with the control of the identification data shall be subject to an administrative fee under specific legislation. 18)
(2) A remuneration shall be provided for professional activities related to testing of controlled products and to testing of ballistics-resistant materials and structures. The amount of remuneration shall be determined by the Ministry by decree.
(3) The classification of explosive substances and articles in Class 1, self-decomposing substances and insensitive solid explosive substances in Class 4.1, other dangerous substances and articles in Class 9 containing explosive substances and articles under the Agreement on the International Carriage of Dangerous Goods by Road ADR26 shall be subject to payment. The amount of remuneration shall be determined by the Ministry by decree.
Obligations of controlled persons and other persons handling specified firearms
(1) The manufacturer, importer and exporter are obliged to:
(a) placing on the market controlled products only if they are verified and bearing a valid test mark;
(b) to export controlled products only if they bear a valid test or control mark;
(c) after issuing the certificate of approval, mark at least one of the essential parts of the firearm with the test mark specified in the certificate; where this is not possible, the Authority shall provide for another appropriate means of identification,
(d) after the issue of the type-control certificate for ammunition, mark the external side of the smallest consumer packaging of the specified ammunition or its industrially manufactured parts, when placed on the market separately, the test mark indicated in the certificate and ensure, to the extent provided for in the Ministerial Decree, a production check to determine whether the specified technical requirements are complied with and keep a record thereof;
(e) leave a soft place to extract the appropriate test mark on the main parts of the weapons which are of metal; where this is not possible, the Authority shall establish an appropriate means of identification,
(f) inform the Authority in writing, within 30 days, of any changes in the manufacture of controlled products where such changes may affect the characteristics of one of those products;
(g) identify the products checked with identification data in accordance with the implementing legislation without undue delay after their manufacture or import.
(2) The manufacturer is also obliged to:
(a) to procure controlled products by its trading firm or by its name, if it is a legal person, or by its name and surname, if it is a natural person, or by a trade mark and other particulars, provided that this is provided for in the Ministerial Order or in the Special Legislation, 18a)
(b) to allow the Office's staff to enter the production premises and to provide them with the necessary synergies, including the use of the test equipment, the provision of ammunition, testing and other premises, provided that verification is carried out at his request at his premises. 18b)
(3) The distributor may only place on the market controlled products marked with a valid test mark.
(4) A repairman to whom an arms licence has been issued under the arms and ammunition law is obliged to:
(a) carry out repairs and modifications to firearms or specified accessories in such a way as to meet the technical requirements laid down and shall be required to submit to the Office, in writing, the procedure for the repair or modification of the firearms, unless otherwise specified below;
(b) present to the Office a repaired firearm which has been replaced by one of the main components or irreversible modification of the weapon under the arms and ammunition law.
STATE MANAGEMENT ON CHECKED PRODUCTS
Administrative Office
(1) The Office is established as an administrative office with a national office based in Prague, which is subordinate to the Ministry.
(2) The President shall be Head of the Office; its selection, appointment and appeal are governed by the Civil Service Act.
(3) Office
(a) carry out verification of the products checked and check the identification data;
(b) issue certificates under this law, decide to withdraw or refuse to issue certificates;
(c) ensure the marking of the products checked by testing and other marks under this law;
(d) carry out other professional activities related to the testing of firearms, ammunition and weapon supplements, testing ballistic-resistant materials and structures and issuing findings thereof;
(e) decide to include a weapon, a specified component of a weapon, a ammunition or a component of a ammunition in the category of weapon or ammunition under the arms and ammunition law;
(f) issue decisions pursuant to Paragraph 19a (5);
(g) cooperate with administrative and territorial authorities in the field of delegation, as well as with other state bodies and bodies whose cooperation is necessary for the Office's activities. Where the Office finds, in its activities, that the facts on the basis of which measures are to be taken are within the competence of other institutions, it shall notify those authorities thereof,
(h) perform a public administration in the field of pyrotechnic articles under the law governing the pyrotechnics field;
(i) issue a finding on the classification of explosive substances and articles of Class 1, self-decomposing substances and insensitive solid explosive substances of Class 4.1, other dangerous substances and articles of Class 9 containing explosive substances and articles under the Agreement on the International Carriage of Dangerous Goods by Road ADR26).
(4) The Authority also
(a) fulfil the information obligations arising from the international treaty, which is the Czech Republic binding4);
(b) before verifying any specified firearm or component that is submitted for verification after repair or modification, assess the technological process of repair or modification;
(c) cooperate in the field of controlled products and ballistically resistant materials and structures with similar foreign offices and testing facilities;
(d) organise, coordinate and carry out scientific activities, research and development related to professional activities;
(e) ensure inter-laboratory testing of reference materials for controlled products;
(f) provide technical information and carry out professional training;
(g) involved in the certification of quality management systems;
(h) store and compare reference ammunition and reference piezoelectric sensors in the framework of the performance of obligations arising from an international contract to which the Czech Republic is bound, 4)
i) Involves in the development of Czech technical standards and regulations in the field of controlled products and ballistic-resistant materials and structures;
(j) collecting administrative fees and fees (§ 15); and
(k) publish in the Bulletin of the Office for Technical Standardisation, Metrology and State Testing the Decision of the International Standing Commission on Small Arms Examinations (4).
(5) The Office shall keep records of the products it uses to carry out the verifications and to carry out the professional services.
(6) In carrying out the tasks of the State Administration under this Act or specific legislation, the Office shall be entitled to enter and record the central register of arms and ammunition in the exercise of its competence.
(7) The staff of the Office who carry out verifications, professional or control activities under this Act, are required to maintain confidentiality regarding all the facts which they have learned in connection with the verification of controlled products or in carrying out professional or control activities under this Act, even if they have ceased to be employees of the Office for a period of five years, unless the specific legislation provides otherwise, except for information which must be published in the interests of security and in order to ensure effective market control and the activities of the Office as a supervisory authority.
The Ministry shall establish by decree the scope of the documentation necessary for carrying out the classification of explosive substances and articles of Class 1, self-decomposing substances and insensitive solid explosive substances of Class 4.1, other dangerous substances and articles of Class 9 containing explosive substances and articles under the Agreement on the International Carriage of Dangerous Goods by Road ADR26).
Submission of controlled products to the Office
(1) An applicant submitting to the Office controlled products for verification, hereinafter referred to as "the applicant," is required to indicate in the written verification request, in addition to the formalities laid down in the administrative rules
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Regulation Information
| Citation | Act No. 156 / 2000 Coll., on the verification of firearms and ammunition |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.06.2000 |
|---|---|
| Effective from | 01.08.2000 |
| Effective until | - |
| Status | Valid |
Legal Areas:
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Labour law
Administrative offences
Administrative authorities
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Constitutional (state) law
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The regulation text is for informational purposes only.
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