Act No. 162 / 1949 Coll.
Law on arms and ammunition
Valid
Effective from 01.02.1950
162.
Law
of 16 June 1949
arms and ammunition.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Provisions on weapons and ammunition, except military and illegal weapons (ammunition).
Production, business and repair.
(1) Only authorised persons may manufacture, trade and repair weapons under the relevant regulations and only in permanent establishments.
(2) The Regional National Committee may exceptionally authorise the production of weapons and ammunition for study or teaching purposes.
(3) Except in the cases referred to in paragraphs 1 and 2, no one shall produce a weapon or ammunition or repair it, even for his own use.
Possession.
(1) Only those who have received a permit from the District National Committee can hold a firearm or ammunition.
(2) The weaponry may be issued only if there is no fear of abuse; only in cases of special consideration.
(3) The armory does not need the persons referred to in § 1 (1) and (2) in respect of weapons (ammunition) which are lawfully manufactured, repaired or traded.
(4) There is no need for authorisation for the possession of arms of the grinders, spikes and strikes. However, such weapons shall not be held by persons under the age of 18; the derogation may be authorised by the District National Committee. The District National Committee may, if it is a concern of abuse, prohibit a person from holding these weapons at all or from holding them above certain quantities.
Wearing.
(1) Only those who have received permission from the District National Committee (passport) may carry any weapon or ammunition.
(2) As a general rule, a passport may only be issued to persons over 18 years of age if it demonstrates the need to carry a weapon and if there is no fear of abuse.
(3) The authorisation to carry a weapon also authorises to hold it, the authorisation to carry a firearm also authorises to hold and carry ammunition belonging to it in the quantity indicated in the firearm. The person who has been issued the firearms shall always be required to carry it with him whenever he carries a gun (ammunition) and shall be required to prove himself to the National Security Corps or other public guards at the request of the authorities.
(4) Paragraph 3 applies mutatis mutandis to hunting tickets (Paragraph 33 of the Act of 18 December 1947, No 225 Coll., on hunting).
Buying and other means of transfer.
A gun (ammunition) may only be purchased or otherwise acquired in principle only by those who are entitled to hold or carry the relevant type of weapon (ammunition), only in such quantities as not to exceed the amount of weapons (ammunition) which they are entitled to hold or carry. Only under these assumptions can such a person be sold a gun (ammunition) or otherwise transferred a gun (ammunition) to it.
Regulations on illegal weapons and ammunition.
Illegal weapons and ammunition.
(1) Illicit weapons are:
(a) malicious weapons, such as rifles or sticks, rubber batons, killers and boxers;
(b) weapons designed so that their appearance can be easily concealed by spreading or otherwise;
(c) weapons the original form of which has been modified for the purpose of causing more severe injuries;
(d) explosive devices.
(2) Illicit ammunition is a bullet with a bullet in it, as well as bullets, the bullet of which is modified so that it can injure itself more dangerously.
Restrictions.
Illicit weapons (ammunition) shall be prohibited from producing, repairing, selling or otherwise disposing of, acquiring, holding or carrying them; derogations from these prohibitions may be authorised by the Regional National Committee in cases of special consideration.
Military weapons and ammunition regulations.
Military weapons and ammunition.
Military weapons are weapons intended solely or principally for military use, and ammunition intended exclusively for military weapons.
Production and repair.
The production and repair of military weapons (ammunition) shall be permitted only by persons who are authorised to do so under the relevant regulations and have received, in addition, a special authorisation issued by the Ministry of Defence in agreement with, or authorised by, the ministries of the Interior and Industry. Military weapons manufactured (ammunition), unless intended for export, may only be supplied by the authorised manufacturer to military administration. Otherwise, no one may produce or repair a military weapon (ammunition) for their own use.
Possession.
(1) Only those who have been authorised to do so shall hold a military weapon (ammunition), issued by the District National Committee in agreement with the military administration, and only under the conditions set out in the authorisation.
(2) Authorisations for the possession of military weapons (ammunition) are not required by the persons referred to in Section 8 with regard to the weapons (ammunition) which are lawfully manufactured or repaired.
Wearing.
A military weapon (ammunition) may be carried only on the basis of a permit (passport) issued by the District National Committee in an agreement with the military administration, and only under the conditions set out in the permit. Paragraph 3 (3) also applies.
Buying and other means of transfer.
(1) Military weapons (ammunition) may only be purchased or otherwise acquired by a person authorised to hold or carry military weapons (ammunition), only from the military administration.
(2) Military weapons (ammunition) can only be sold or otherwise transferred to military administration.
Exceptions.
Exemptions for the State and national enterprises.
This law shall not apply to:
(a) the production, repair and possession by the State of arms and ammunition for the purpose of military administration or the National Security Corps;
(b) the repair and possession by the State of arms and ammunition in other sectors of public administration or national undertakings, provided that the conditions laid down by the Ministry of Interior are respected, in agreement with the Ministry of National Defence, if the interest of State defence or in military weapons (ammunition) is affected.
Exceptions to military personnel, members of the National Security Corps and other public guards.
(1) The provisions of this Law on the possession and carrying of arms (ammunition) do not apply to military persons in active duty and to members of the National Security Corps in active service as regards weapons (ammunition) which are related to the armaments or equipment of the military or the National Security Corps. Authorisations for the holding or carrying of other weapons (ammunition) shall be issued to military personnel in active duty, to nationals of the National Security Corps in active duty, by the authorities designated by the Ministry of Interior.
(2) Furthermore, the provisions of this Law on the possession and carrying of weapons and ammunition do not apply to public guards, if they have the right or obligation to carry a weapon (ammunition) in their service as regards that weapon (ammunition).
Common provisions.
Weapons and ammunition components.
(1) This law also applies to parts of weapons which are essential for their use.
(2) In this Act, ammunition means ammunition for firearms, but also parts of ammunition which are essential for their use.
Authorisation regulations.
Authorisations required under this Act shall be issued at the discretion of the competent authority. The authority (office) responsible for issuing the authorisation may withdraw them if there is an additional concern of abuse or a public interest so requested; where there is a risk of delay, the authorisation may be provisionally withdrawn by any district national committee.
How to handle weapons (ammunition) for which it is not authorised.
(1) Persons whose authorisation to hold weapons (ammunition) has expired are required to surrender their weapons (ammunition) to or to a district national committee designated by them. Persons liable to surrender weapons (ammunition) may transfer them to a person authorised to hold them or propose that their cargo be made unfit. If they do not do so, they shall sell the gun (ammunition) or make it unfit by the district national committee itself on the cargo of the person liable for surrender; The net proceeds from the sale of arms (ammunition) shall be surrendered to the person who was obliged to surrender the arms (ammunition). If they are military weapons (ammunition), they are always handed over by the District National Committee to the military administration.
(2) The provisions of paragraph 1 shall be without prejudice to the provisions on pre-seizure and confiscation of arms and ammunition in criminal proceedings.
Surveillance.
(1) The District National Committee may at any time, for the purpose of supervision, carry out checks on rooms in which producers of arms (ammunition), arms dealers (ammunition) or persons authorised to repair weapons produce, store, trade or repair weapons, as well as on rooms in which firearms (ammunition) are stored by the firearms operators.
(2) Supervision of the production of military weapons and ammunition shall be exercised only by military authorities, to which the provisions of paragraph 1 shall apply mutatis mutandis.
(3) Where there are reasonable grounds for suspecting that there are more arms (ammunition) in the district of the National Committee which can be held only on the basis of an authorisation than is in accordance with the authorisations in force for that district, or where there are reasonable grounds for suspecting that there has been a gross violation of the provisions of this law or of the regulations issued pursuant to it in respect of the production, trade or repair of weapons, the District National Committee may also carry out a survey of residential and other rooms in order to detect such weapons (ammunition).
(4) When visiting rooms, it is to conserve the rules on the protection of personal, home and secret of letters.
Preliminary seizure and detention.
(1) If a member of the National Security Corps or another public guard with a gun (ammunition) has been caught without proof of the required authorisation to carry them, or if it has been found that someone is holding a gun (ammunition) without proof of the prescribed authorisation to hold them, the gun (ammunition) shall be removed from him and surrendered to the district national committee (pre-seizure).
(2) Persons who may correct weapons under the relevant provisions are required to require the person who brings the weapon for repair to be held by the person to be authorised to use this authorisation. If that person cannot do so, the persons authorised to repair weapons shall be obliged to detain the weapon and notify the district national committee accordingly; The same applies if the weapon is brought to the repair by a person for whom the person authorized to repair knows that the possession of weapons has been prohibited.
Emergency measures.
(1) Where necessary to maintain or restore public policy or public security or of any other important public interest, the Ministry of the Interior and, for its districts, the Regional and Regional National Committees may also order the reporting of all or certain types of weapons (ammunition), or their surrender to a particular location in custody or to restrict or, where appropriate, prohibit their carrying or possession.
(2) If the person who surrendered the weapon (s) has not applied for the gun (s) within one year of the repeal of these measures, the District National Committee may sell it; net proceeds to the state.
Criminal provisions.
Crimes.
(1) Those who are not entitled under this law or regulations issued under it to produce weapons (ammunition), or who do business with them without authorisation, will be punished, if not more severely punishable, for the offence of a rigid prison from 3 months to 3 years. In addition to the punishment of freedom, a penalty from 1.000 CZK to 100,000 CZK may also be imposed.
(2) Weapons and ammunition which have been the subject of such a crime should be declared forfeited when convicted. However, the forfeiture of weapons (ammunition) shall not affect the rights of third parties in the non-participating offence.
Administrative misconduct.
(1) Who is not entitled to do so under this law or regulations issued under it by a military weapon (ammunition) or an illegal weapon (ammunition) shall produce, repair, hold or carry or leave to himself or anyone else, be punished, unless more strictly punishable, for an administrative offence by imprisonment within 1 year; In addition to the prison sentence (lockdown), a fine of up to 50.000 CZK may also be imposed. In the same way, it will be punished who, within the time limit set in accordance with Paragraph 19 (1), fails to comply with the obligation to report weapons (ammunition) or to surrender them to a specific place for safekeeping, or who infringes a provision which has limited or prohibited the carrying or possession of weapons (ammunition) under Paragraph 19 (1).
(2) Anyone who otherwise violates the provisions of this law or the regulations issued pursuant to it shall be punished, if not for a more severe criminal offence, for an administrative offence of up to 50 000 CZK or by a prison (lock-up) within 6 months.
(3) In the event of non-compliance with the fine, a replacement prison sentence shall also be imposed in accordance with the rate of guilt within 6 months.
(4) The weapons and ammunition committed by an administrative offence may be declared to be forfeited in the condemning finding, except where the authorised holder of the gun passport was carrying a firearm (ammunition) without carrying a firearm or a passport replacing the firepassport. Military weapons and military ammunition, the possession of which has been prohibited (§ 19), are always declared bankrupt, even if no one can be prosecuted. However, the forfeiture of a weapon (ammunition) shall not affect the rights of third parties in a non-participating offence.
Immunity.
(1) A criminal offence shall not be committed where, although I am not authorized to carry a weapon (ammunition), a weapon (ammunition) is only proven to be in danger.
(2) If, pursuant to Paragraph 19 (1), the surrender of all or certain types of weapons (ammunition) has been ordered, they will not be prosecuted and punished for the illegal possession of the weapon (ammunition) who will surrender the weapon (ammunition) to the designated site within the prescribed period.
Transitional and final provisions.
Transitional provisions on authorisations.
(1) Authorisations granted under existing rules shall remain valid for the period for which they were issued, but shall be subject to all the provisions of this law and the provisions of this Act issued under it. Licences of authorisations, issued under existing rules, shall either be presented at the request to the authorities competent under this law, which shall, in view of the provisions of this law or those issued under it, be supplemented, supplemented or amended.
(2) Persons holding weapons (ammunition) which can only be held under this Act on the date of the entry into force of this Act on the basis of an authorisation shall, unless they have an authorisation to hold in accordance with the existing rules, submit an application for such authorisation within 4 weeks. The certificate of a timely application authorises the holding of a gun (ammunition) until the final execution of the application.
Implementing regulations.
(1) The Ministry of the Interior shall issue more detailed provisions for the implementation of this Act, in so far as they concern military weapons (ammunition), together with the Ministry of National Defence, as well as in agreement with the other ministries involved. These regulations shall be published in the Official Journal. In particular, the implementing provisions shall ensure the registration of weapons (ammunition) as required by public security.
(2) In accordance with the procedure referred to in paragraph 1, security regulations on the dispatch, transport, shooting range, collection and handling of unfired military ammunition, the use of firearms and other exemptions and concessions from the provisions of this Law may be issued.
Relative to existing regulations.
(1) Any provisions contrary to the provisions of this Law shall be repealed, in particular:
1. patent of 24 October 1852, No 223, on the production, trade and possession of arms and ammunition and the carrying of arms (arms patent),
2. Ordinance of 29 January 1853, No 16, concerning the implementation of the arms patent,
3. Ordinance of 2 April 1853, No 63, on the possession and carrying of private weapons by military persons,
4. the Decree of 26 December 1853, No 8 September 1854 designating the authorities to issue passports to officials under military jurisdiction,
5. Ordinance of 11 September 1854, No 230, on the affixing of the description of the person and his handwritten signature or the officially confirmed hand sign of the person to whom the passport attests,
6. Decree of 20 August 1857, No 159 of. (explanatory note to the arms patent),
7. the Decree of 11 February 1860, No 39, as amended by the Decree of 1 October 1896, No 182 (further explanatory note to the arms patent),
8. Ordinance of 7 February 1866, No 21, on accompanying documents for weapons and ammunition carried by passengers,
9. Order of 19 March 1866, No 35, concerning the length of prohibited weapons,
10. Decree of 22 August 1866, No 100 (further explanation of the arms patent),
11. Ordinance of 4 December 1875, No 148 of 4.
12. Regulation No 5476 / 1914 M. E. (h. prem. council), on the restriction of the possession of arms, as amended by Regulation No 5735 / 1914 M. E. as regards weapons and ammunition,
13. the bill of lading on weapons and ammunition, as well as the provisions laid down therein,
14. Law of 8 April 1938, No. 81 Coll., on weapons and ammunition,
15. Ordinance of the Minister of the Interior of 13 June 1946, No 1440 Ú. l. I, on the use of air conditioners, as amended by the Ordinance of 24 December 1946, No 1 Ú. l. I of 1947,
16. Paragraph 372 of the Criminal Act of 27 May 1852, No 117 of the Law of the Military Act of 15 January 1855, No 19 of the Act of the Criminal Act of 27 May 1852, No 640 of the Criminal Code of the Military Act of 15 January 1855, No 19 of the Law of the Criminal Law of the Civil Service, and Sections 34, 35 and 61 of Article XL / 1879 of the Code of Infringements.
(2) The Act of 13 May 1936, No 131 Coll., on State Defence, and the Regulations pursuant to it, Act of 6 October 1948, No 231 Coll., on the Protection of the People's Democratic Republic, Act of 14 April 1920, No 300 Coll., on Exceptional Measures, as amended by the Law of 10 July 1933, No 125 Coll., Act No 225 / 1947 Coll., Explosives Regulations and Trade Regulations (Act).
Efficiency and execution.
Act No. 162 / 1949 Coll. takes effect on 1 February 1950 with the exception of the provision of § 24 which takes effect on the date of publication of Regulation No. 290 / 1949 Coll.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Maj-Gen Svoboda v. r.
Nosek v. r.
Dr Cap v. r.
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Regulation Information
| Citation | Act No. 162 / 1949 Coll., on weapons and ammunition |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.1949 |
|---|---|
| Effective from | 01.02.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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