Government Regulation No. 219 / 2017 Coll.

Government regulations on the devaluation of certain weapons and ammunition, the manufacture of weapons and ammunition, the destruction of ammunition and the minimum content of documentation in relation to delaboration, degradation, manufacture of cuts and destruction of ammunition

Valid Regulation Effective from 01.08.2017
219
GOVERNMENT REGULATION
of 10 July 2017
on the devaluation of certain weapons and ammunition, the manufacture of weapons and ammunition cuts, the destruction of ammunition and the minimum content of documentation in relation to delaboration, degradation, manufacture of cuts and destruction of ammunition
Act No. 119 / 2002 Coll., Act No. 119 / 2002 Coll., on Firearms and Ammunition (Act No. 119 / 2002 Coll., 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 / 2016 Coll., Act No. 359 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 420 / 2006 Coll., Act No. 170 / 2013 Coll., Act No. 124 / 2008 Coll., Act No. 289 / 2009 Coll., Act No. 148 / 2010 Coll., Act No. 484 / 2008 Coll., Act No. 41 / 2009 Coll.

ČÁST PRVNÍ

SUBJECT MATTER OF THE ADJUSTMENT
§ 1
This Regulation provides for:
(a) the procedure and technical requirements for the degradation of weapons and their essential parts, the degradation of which is not covered by the directly applicable European Union provisions on the degradation of firearms (1);
(b) the procedure and technical requirements for the degradation of ammunition;
(c) the procedure and technical requirements for the manufacture of gun and ammunition cuts;
(d) procedure and technical requirements for the destruction of ammunition;
(e) the minimum content of documentation of the technical process of delaboration, degradation or destruction of ammunition of the type concerned or the manufacture of ammunition cuts;
(f) the procedure for the degradation or manufacture of weapons cuts and the procedure for the degradation, destruction or manufacture of munitions in the form of demilitarisation under the regulation regime under the international treaty (2); and
(g) the procedure for the irreversible destruction of weapons by an accident under the regulation regime under the international treaty (2).
§ 2
For the purposes of this Regulation, weapon parts and firing mechanisms shall mean parts of the weapon involved in the mechanical functioning cycle of the weapon, in particular all the essential parts of the weapon, individual parts of the composite closing mechanism and controls, parts of the trigger and drum mechanism, including fuses, actuator, parts of the component involved in the operation of the supply apparatus of the weapon and parts providing charge and discharge of the hub.

ČÁST DRUHÁ

BRANCH AND SILENCE
§ 3
Weapons degradation
(1) In the event of weapons degradation
(a) it must be ensured that parts of the weapon and the mechanisms enabling the shooting cannot be separated from each other and that their movement is not possible; for weapons with tilting heads, the possibility of tilting the latter;
(b) blindness is performed mainly in the chamber of charge by inserting a steel pin with the length and diameter of the chamber of charge; the steel pin is firmly connected to the main weld along the circumference; the guiding part of the barrel shall be provided with at least 3 holes with the diameter of the drill mainly drilled perpendicular to the axis of the barrel and passing through its wall; a hole with a diameter of 11 mm or more, and
(c) the firing pin and the firearm shall be removed or the firing pin with a fixed firearm shall be reduced at least by the firearm.
(2) In the event of the destruction of a weapon, it shall be further:
(a) in the case of a weapon fitted with a end, the head of the end shall be serrated at an angle of 45 ° and, if not possible, the fuse hole blinded by the weld;
(b) in the case of weapons with a revolver cylinder, the wall between the cartridge chambers of the revolver cylinder is removed up to at least half its length; and
(c) in the case of a weapon equipped with a container, the container is permanently secured against removal from the damaged weapon or the container shaft permanently adjusted against the insertion of the container.
§ 4
Impairment of essential parts of the weapon
Paragraph 3 shall apply mutatis mutandis to the degradation of the essential part of the weapon or weapon not containing all the relevant essential parts to the extent that it relates to that essential part or essential parts contained in the weapon which do not contain all the relevant essential parts. At the same time it shall be carried out:
(a) the blinding of the connecting points of the main parts welded in the insert; or
(b) removal of the structural components for connecting the missing main part.
§ 5
Ammo degradation
(1) In case of ammunition degradation
(a) a hole with a diameter of 2,5 mm or more shall be drilled in the cartridge to allow the dust filling to be poured into the cartridge by a liquid which causes flegmatizing of the match; or
(b) remove the bullet from the ammunition, empty the cartridge and detonate or flegmatise the match; the cartridge shall be left empty or filled with inert material if any.
(2) If the projectile contains explosive substances or other active charges, their delaboration from the missile shall be carried out.
§ 6
Making a gun cut
(1) The manufacture of the cutting of a weapon or the main part of a weapon shall be carried out by:
(a) the main chamber of the cartridge, the chamber of the cartridge, the main chamber of the cartridge, or the chamber of the cartridge, shall have an adjustment to the wall of the chamber by creating a longitudinal opening which reveals at least two thirds of the length of the chamber;
(b) the guiding part of the barrel shall have the wall treated mainly by creating a longitudinal hole behind the chamber, which reveals the guide part principally of the length of at least a tenth of the total length of the barrel, the width of which shall be at least equal to the diameter of the barrel,
(c) the point of the firing pin and the firearm shall be shortened so that, in the forward position, it does not protrude from the front of the end; If this is not feasible, the firing pin shall be removed and the fuse hole blinded by weld;
(d) the frame of the weapon, the cap, the body of the weapon or the berth of the weapon shall be removed in such a way that the device of the tensioning, trigger, drum and return mechanism is visibly exposed;
(e) a major adjustment shall be made to ensure that he does not leave the barrel when attempting to shoot a shot; and
(f) they can be moved and dismantled by the essential parts and mechanisms of the weapon.
(2) In the case of a weapon with a conclusion, the following shall be added:
(a) an end adjusted on one side by a longitudinal opening of half the length of the end and a width of a quarter of the height or diameter of the end, this applies to the body of the end, the carrier of the parentheses and the parentheses; and
(b) the case of the end is treated on one side with a longitudinal opening of half the length of the cap and a width of a quarter of the height or diameter of the cap.
(3) In the case of a gun with a container, the container shall be adjusted by a longitudinal opening on the side and rear of a quarter of the length of the container and a width of one fifth of the width of the container.
(4) In the case of revolver-cylinder weapons, the following shall be added:
(a) half of the number of adjacent cartridge chambers of the revolver cylinder blinded by the insertion of a steel pin with the length and diameter of the cartridge chamber firmly connected to the cylinder weld and the other half of the number of cartridge chambers adjusted by a longitudinal groove of two thirds of the length of the cylinder and a width equal to the diameter of the cartridge chamber from the cylinder mouth; In the case of an odd number of cartridge chambers, 3 cartridge chambers of the revolver cylinder are blinded and the remaining cartridge chambers are treated with a longitudinal groove; and
(b) the barrel is adjusted from the side by a longitudinal aperture of a width equal to the diameter of the drill and at least a tenth of the length of the barrel, starting 10 mm from the rear of the barrel.
(5) The cutting of the separate main part of the weapon shall be carried out mutatis mutandis in accordance with paragraphs 1 to 4.
§ 7
Production of ammunition cutting
(1) It shall be devalued in accordance with the procedure referred to in Section 5 before the actual incision of the ammunition.
(2) When making a bullet cut
(a) at least 25% of the material of the casing of the cartridge shall be removed throughout its length on the side of the bore hole or at least in such a way that two thirds of its length at the bottom and at the mouth of the cartridge are processed; Similarly, the bullet section shall be followed,
(b) for other parts of the ammunition, such as matches, at least 25% of the matchmaking material shall be removed from the circumference area of at least two thirds of their length or shall be left in its original form if their dimensions or structures do not permit the production of the cut.
(3) The provisions of paragraph 2 on the minimum quantity of material removed shall not apply to sections of ammunition of a calibre of 12,7 mm.
§ 8
Other means of depreciation
If the procedures set out in paragraphs 3 to 7 cannot be applied to the destruction of a weapon, essential parts of the weapon, ammunition or the manufacture of their cuts, the application for approval of the procedure for the destruction of a weapon, essential parts of the weapon, ammunition or their cutting shall also be accompanied by an application to the Czech Office for the Testing of Weapons and Ammunition.
(a) a proposal for a procedure containing a list of technical operations for the degradation or manufacture of the cut, equipment used, assembly and dismantling preparations and material;
(b) drawing documentation; and
(c) the weapon, the main part of the weapon or a sample of ammunition in a state prior to destruction; where the dimensions or masses do not permit their presentation, the available location of their storage shall be communicated.
§ 9
Explosion
According to the type of ammunition, 1 of the following destruction procedures shall be selected:
(a) delaboration with subsequent melting,
(b) an explosion; or
(c) incineration.

ČÁST TŘETÍ

MUNICE
Minimum content of the technological process documentation
§ 10
(1) The documentation of the technological process provides for a process for the delaboration of ammunition which must be safe, technically justified and feasible.
(2) An operational dossier prepared under another legislation governing requirements to ensure safety and health at work and safety of operations in the manufacture and processing of explosives (3) shall be considered to be a documentation of a technological process processed by the holder of a general munitions licence prior to delaboration, degradation or destruction of ammunition or the manufacture of ammunition cuts under the Weapons Act if it complies with the requirements laid down in this Regulation.
(3) The documentation of the technological process for delaboration contains:
(a) a title sheet showing:
1. species and type of ammunition,
2. personal data of the person who has produced the documentation of the technological process;
3. the personal data and the signature of the person who approved the documentation of the process and the date of its approval; and
4. a list of changes to the technological process documentation;
(b) a list of the finished components, specifying the name of the component, the drawing number and the number for 1 product;
(c) security rules for the nature of the work; in the case of ammunition which do not have all the information referred to in points (a) (1) and (b), the corresponding additional safety requirements for delaboration shall be established;
(d) an overview of the tools, equipment, gauges, personal protective equipment and equipment needed for delaboration and a list of consumables and auxiliary material;
(e) basic directives for in-house transport, specifying the means of transport and storage in hand-held warehouses, provided that such data are not included in the internal rules of the holder of the general ammunition licence;
(f) a description of the delaboration process, including a description of the sequence of operations, the layout of each operation and a description of the movement of ammunition and materials;
(g) description of each delaboration operation, time sequence and duration of each operation;
(h) how hazardous waste is handled; and
(i) the way in which the delaboration process is controlled.
§ 11
For the purposes of assessing and verifying the accuracy and completeness of the documentation of the technological process under operational conditions, the holder of the general ammunition licence shall process the operational directive as part of the documentation of the technological process.
§ 12
Munitions
(1) Delaborated ammunition becomes a control degradation mark for degraded ammunition.
(2) The provisions concerning the manufacture of the ammunition cutting from the delaborated ammunition shall apply mutatis mutandis to the manufacture of the ammunition cutting and its marking of the control degradation mark.

ČÁST ČTVRTÁ

BRANCH AND MUNICS IN THE REGULATION SCHEME BY INTERNATIONAL TREATY
§ 13
Demilitarisation
(1) The procedure provided for in this Part shall apply in the case of the degradation or manufacture of Category A weapons cuts and in the case of the degradation, destruction or manufacture of prohibited ammunition cuts covered by the Ministry of Defence's control function under Section 74 (4) of the Weapons Act.
(2) The degradation or manufacture of the arms section referred to in paragraph 1 shall consist of demilitarisation:
(a) by a weapon accident; or
(b) modification of the weapon to the exhibit.
(3) The ammunition referred to in paragraph 1 shall be demilitarised by destruction or delaboration; Part Three of this Regulation shall apply mutatis mutandis.
(4) Demilitarised weapons or ammunition which are not considered to be destroyed shall be marked with a control degradation mark only after an inspection by the Ministry of Defence.
§ 15
Weapon accident
(1) If the accident of a weapon referred to in Paragraph 13 (1) results in its irreversible damage or destruction and makes it useless, the holder of the weapon shall notify the weapon to the Ministry of Defence within 5 working days of the date of the accident and shall attach an accident report and photo-documentation. The accident report shall include:
(a) particulars of the weapon;
(b) date of accident;
(c) at least an approximate determination of the place of accident; and
(d) the circumstances of the accident.
(2) A weapon which has been demilitarised by an accident which has led to the destruction of its essential parts is considered to be destroyed.
§ 16
Presentation of the weapon to the exhibit
When adjusting the weapon to the exhibit,
(a) its barrel and cap shall be filled with concrete or polymer resin, from the tip of the cap up to three quarters of the total length of the barrel; or
(b) the steel stoppers of a minimum length of 2 calibre are placed firmly in its chamber.

ČÁST PÁTÁ

INFORMATION AND CERTIFICATE
Control degradation mark and confirmation
§ 17
(1) In the case of a control degradation mark, the registration number broken down by the last two digits of the year by the holder of a group B or E or the general ammunition licence is indicated under the letter "capital D" in the circle.
(2) The location of the control degradation mark on the weapon or ammunition shall be indicated in the certificate of degradation.
(3) The model of the control degradation mark is set out in Annex 1 to this Regulation.
(4) The model of the certificate of destruction of a weapon, ammunition or ammunition or for the cutting of a weapon, ammunition or ammunition is set out in Annex 2 to this Regulation.
§ 18
(1) The certificate shall bear a number consisting of the serial number of the certificate in the sequence number series and the year of issue of the certificate.
(2) The certificate of destruction of the ammunition shall indicate:
(a) personal data or data identifying the legal person who held the ammunition;
(b) personal data or data identifying the legal person of the holder of the arms licence who carried out the destruction;
(c) the calibre and number of pieces of ammunition destroyed; and
(d) the date of destruction of the ammunition.
(3) The certificate of delaboration or destruction of ammunition shall indicate:
(a) personal data or data identifying the legal person who held the ammunition;
(b) personal data or data identifying the legal person of the holder of the general ammunition licence which has carried out the delaboration or destruction;
(c) the type and type of ammunition delaborated or destroyed and the number of ammunition delaborated or destroyed; and
(d) the date of delaboration or destruction of ammunition.
(4) The certificate referred to in paragraphs 2 and 3 may be issued for different calibre and multiple pieces of destroyed ammunition or different species and types of multiple pieces of delaborated or destroyed ammunition which have been destroyed or delaborated for a period not exceeding 30 days; in such a case, the time period during which the ammunition or delaboration or ammunition was destroyed may be indicated in the certificate instead of the date of destruction or delaboration.
§ 19
If the destroyed ammunition or delaborated or destroyed ammunition is transmitted to a person authorised to carry out the technological treatment of metallic waste in the course of his business, the duplicate certificate referred to in Section 18 shall also be transmitted to that person. If it is not possible to identify specific ammunition or ammunition which are transmitted in accordance with the first sentence, duplicate certificates issued for the period in which metallic waste is produced by destroying the ammunition or delaborating or destroying the ammunition shall be transmitted and the weight of the metals transferred shall be indicated.
§ 20
(1) The discarded weapon, the main part of the weapon or their incision shall be marked with a control degradation mark, which shall be set out in a visible and permanent manner, at least one of the main parts of the weapon.
(2) Impaired ammunition or ammunition cut from a 12.7 mm calibre, or a degraded ammunition or ammunition cut shall be marked with a control degradation mark, which shall be fired in a visible and permanent manner on the shell and the bullet. Impaired ammunition or ammunition section, which cannot be marked according to the first sentence, shall be marked on the body of the ammunition.

ČÁST ŠESTÁ

PROVISIONS TRANSITIONAL AND FINAL
§ 21
(1) The control degradation mark assigned by the Czech Office for the Testing of Weapons and Ammunition under the existing legislation (4) shall be deemed to be a control degradation mark under this Regulation.
(2) Weapons degraded under existing legislation4) shall be considered as being degraded under this Regulation provided that they are marked with a control degradation mark.
(3) Ammunitions and ammunition degraded under existing legislation4) are considered as ammunition and ammunition degraded under this Regulation. Cuts of weapons, ammunition and ammunition made under existing legislation4) shall be considered as being made under this Regulation.
§ 22
This Regulation has been notified in accordance with Directive (EU) 2015 / 1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical and information society services.
§ 23
Efficacy
This Regulation shall enter into force on 1 August 2017.
Prime Minister:
Sobotka v. r.
Minister of Interior:
Breeding v. r.

Příloha č. 1

Annex No 1 to Government Regulation No 219 / 2017 Coll.
Model of control degradation mark

Příloha č. 2

Annex No 2 to Government Regulation No 219 / 2017 Coll.
Model of certificate of destruction of weapons, ammunition or ammunition or of cutting of weapons, ammunition or ammunition

(1) Commission Implementing Regulation (EU) 2015 / 2403 of 15 December 2015 laying down common guidelines on standards and techniques for the degradation of firearms to ensure that degraded firearms are irreversibly incapable of firing, as amended.
2) For example, the Treaty on Conventional Armed Forces in Europe, published under No 94 / 2003 Coll.
3) Decree No. 327 / 1992 Coll., laying down requirements to ensure safety and health at work and safety of operations in the manufacture and processing of explosives and on the professional competence of workers for this activity, as amended by Decree No. 340 / 2001 Coll.
4) Decree No 371 / 2002 Coll., laying down a procedure for the destruction and destruction of weapons, ammunition and the production of their cuts, as amended by Decree No 632 / 2004 Coll. Decree No. 216 / 1996 Coll., on the method and technological procedure for the degradation of weapons and the production of weapons cuts.

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Regulation Information

CitationGovernment Decree No. 219 / 2017 Coll., on the deactivation of certain weapons and ammunition, the manufacture of weapons and ammunition, the destruction of ammunition and the minimum content of documentation in relation to delaboration, degradation, manufacture of cuts and destruction of ammunition
Regulation TypeRegulation
Author-
CollectionCode of Laws
Date of Promulgation27.07.2017
Effective from01.08.2017
Effective until-
Status Valid
The regulation text is for informational purposes only.
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