Act No. 288 / 1995 Coll.
Firearms and ammunition Act (Firearms Act)
Valid
Law
Effective from 01.03.1996
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
ČÁST DRUHÁ
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
ČÁST TŘETÍ
§ 17
§ 18
§ 19
§ 20
ČÁST ČTVRTÁ
§ 21
§ 22
§ 23
§ 24
ČÁST PÁTÁ
§ 25
§ 26
ČÁST ŠESTÁ
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 48a
§ 49
§ 50
ČÁST SEDMÁ
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
ČÁST OSMÁ
§ 58
§ 59
§ 60
§ 61
§ 62
ČÁST DEVÁTÁ
§ 63
§ 64
§ 65
§ 66
ČÁST DESÁTÁ
§ 67
§ 68
§ 69
ČÁST JEDENÁCTÁ
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
§ 78
§ 79
§ 80
§ 81
§ 82
§ 83
ČÁST DVANÁCTÁ
§ 84
§ 84a
§ 85
§ 86
§ 87
§ 88
§ 89
§ 90
§ 91
§ 92
§ 93
§ 94
§ 95
§ 96
§ 97
§ 98
§ 99
ČÁST TŘINÁCTÁ
§ 100
§ 101
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288
THE LAW
of 3 November 1995
on firearms and ammunition (Firearms Act)
Parliament has decided on this law of the Czech Republic:
INTRODUCTORY PROVISIONS
Subject matter and scope of the adjustment
This law lays down the conditions for the acquisition of ownership of firearms and ammunition, the registration, possession, carrying and use of firearms, certain conditions for the operation of licensed firearms and ammunition-related trades and the responsibilities of the administrative authorities in the field of firearms and ammunition.
The provisions of this Act do not apply to weapons, ammunition and ammunition which are in the armaments of the Army of the Czech Republic (1) and to the public armed corps and armed forces of the Customs Administration (2).
Definition of firearms concepts
For the purposes of this Act:
(a) a firearm, a weapon for which the function is derived from the immediate release of energy during the firing, designed for the desired effect on the defined distance (weapon);
(b) a firearm with a weapon for which the function is derived from the immediate release of chemical energy;
(c) a gas weapon, a weapon in which the missile is operated by air pressure or other gas;
d. Paintball weapon, gas weapon, firing a marker missile;
(e) a mechanical weapon, a weapon in which the missile is operated by the use of mechanical energy;
(f) an expansion weapon, a firearm, the construction of which excludes the use of a bullet or bullet with a bullet;
(g) an expansion apparatus designed for industrial use;
h) an acoustic weapon expansion weapon for acoustic casings, designed to produce noise effects;
(i) a gas expansion weapon designed to discharge an irritant substance;
(j) a signal weapon of a single-purpose small arms device for the use of signal rounds of a calibre greater than 18 mm;
(k) the main part of the gun, the barrel, the barrel, the frame, the cylinder of the revolver and the end,
(l) a weapon subject to registration or a major part of a weapon which is not excluded from the registration regime under this law;
(m) a weapon designed to protect the health, life and property of a pistol or revolver of a total length of less than 350 mm for use in cartridges of less than 35 mm and firearms designed to discharge rubber or similar spherical bullets with an energy load of not more than 25 J / cm2;
(n) a military weapon intended for use in armies and public armed forces for military or security purposes;
(o) gun-hunting firearms, ball, shotgun or combination guns, for hunting purposes;
(p) sporting weapons intended for sporting purposes under national and international rules and orders;
q) a historical weapon weapon manufactured in 1890 at the latest,
(r) an additional device designed to supplement the weapon in order to extend the possibilities of its use, but not necessary to fire the weapon in its normal use (e.g. optical, infrared and laser sights, flame dampeners, noise absorbers, support aids and remote measures).
Definition of terms in ammunition
For the purposes of this Act:
(a) ammunition with the aggregate marking of rounds, rounds and rounds;
(b) a hub unit intended for charging to arms,
(c) a single round round round,
(d) a round-round bullet, consisting of a quantity of shot,
(e) a bullet bullet for shotgun guns with a single bullet;
(f) a specific charge of charge with a projectile with a chemical or biological substance, a pyrotechnic composition, multiple projectiles or solid objects in the ballast;
(g) a hunting charge for hunting purposes in the exercise of hunting rights;
(h) a sporting charge of charge intended for sporting purposes;
(i) military ammunition for use in military or public armed forces for military or security purposes;
(j) a signal charge for signal weapons of a calibre greater than 18 mm designed to produce light, smoke or noise effects for signal purposes;
k) a charge exercise designed to imitate sharp fire;
(l) a cartridge and powder tablet of ammunition which does not contain a bullet in its assembly;
(m) an acoustic shell casing designed to produce a noise effect;
(n) a gas cartridge containing a substance to induce an irritant effect;
o) individual parts of the cartridge, match, filler and bullet.
Definition of certain other terms
For the purposes of this Act:
(a) holding a weapon and ammunition to carry or otherwise retain a weapon and ammunition in a state excluding its immediate use;
(b) carrying a weapon and ammunition to carry or otherwise retain a weapon and ammunition in a state which allows its immediate use;
(c) the condition of a weapon excluding its immediate use, a condition in which the weapon is not charged with charges in the container, in the cartridge box, in the chamber of the barrel or in the cartridge chambers of the revolver cylinder, the cartridges being empty;
(d) the destruction of a weapon by making modifications in accordance with special regulations (Section 26 (7)), which makes a weapon permanently unfit for fire;
(e) a European arms passport authorizing its holders to hold certain firearms in the territory of the Member States of the European Community under the conditions laid down, 3)
(f) any natural or legal person authorised to develop, manufacture, repair, modify, transport, purchase, sell, borrow, hide and degrade weapons subject to registration and ammunition in the course of his business;
(g) by a public armed corps, bodies to which special laws expressly confer the status of armed corps or armed services or armed forces of customs administration.
REGISTRATION-SUBJECT BRANNING
Registration of weapons
(1) Any weapon must be registered, except for non-registered weapons (§ 17) and prohibited weapons (§ 21), unless otherwise specified below.
(2) A natural or legal person holding a gun subject to registration is required to apply for registration of a weapon within five days of its acquisition, unless otherwise specified, at the Regional (City, District) Directorate of the Police of the Czech Republic (hereinafter referred to as "District Directorate of Police") according to the place of permanent residence of a citizen of the Czech Republic or a temporary residence of a citizen of the Czech Republic resident outside the territory of the Czech Republic or the long-term residence of a foreigner (hereinafter referred to as "residence of a legal person"), or the location of a legal person or a place of deposit of arms, if that place is in a district other than that of a legal person (hereinafter referred to as "seat of a legal person"). In the case of the acquisition of ownership by inheritance (Paragraph 78), the five-day period for registration begins on the date on which the court's order for inheritance became final.
(3) The owner of a prohibited weapon which has been granted a derogation pursuant to Article 24 (1) or (2) shall be required to submit an application for registration in accordance with paragraph 2 within five days of notification of the exemption.
(4) Unregistered weapon subject to registration shall be prohibited from carrying.
Application for registration of a weapon
(1) In order to register a weapon, a natural or legal person is required to submit an application for registration of a weapon and a weapon.
(2) In the application for registration of a weapon, the applicant shall indicate:
(a) the name and surname, maiden name, birth number, date of birth and place of birth of the natural person (hereinafter "personal data") or the name and legal form, the business name of the legal person and the assigned identification number (hereinafter "data identifying the legal person");
(b) the place of residence or registered office of the legal person;
(c) the type, brand, model (s), calibre and serial number of the weapon;
(d) proof of acquisition of the weapon;
(e) whether the weapon is registered in accordance with the provisions in force before the entry into force of this Act (Sections 87 to 89).
(3) The licence holder shall also indicate in the application the number of the gun licence and its period of validity.
(4) The holder of the armaments authorisation shall also indicate in the application:
(a) the number of the arms licence;
(b) the location of the weapon,
(c) the reason for the issue of the arms licence (§ 53).
Refusal to register a weapon
Police District Directorate refuses to register a weapon in case it's a weapon
(a) not subject to registration (§ 17);
(b) an unmarked verification mark (§ 16); or
(c) prohibited (Paragraph 21), except for a weapon for which the owner of the weapon has been granted an exemption pursuant to § 24 (1) or (2).
Weapon ID
The gun registration document is the gun identification document issued to the gun owner by the District Directorate of Police. In particular, the gun licence shall state:
(a) details of the gun owner (§ 7 (2) (a));
(b) the type, brand, model (s), calibre and serial number of the weapon, or any other information needed to identify it;
(c) in the case of weapons owned by holders of arms authorisations, the reason for the issue of the arms authorisation (§ 53).
Exemptions from the obligation to register a weapon
The obligation to register a weapon subject to registration under § 6 does not have
(a) an arms and ammunition dealer in respect of weapons which are the subject of the activities referred to in Article 5 (f), with the exception of the lending of arms;
(b) a natural or legal person referred to in Article 58 (2) (a) who has acquired a weapon on the basis of an arms passport for the permanent export of a weapon and ammunition outside the Czech Republic;
(c) a natural or legal person referred to in Paragraph 61 (2) who has imported a weapon into the territory of the Czech Republic by re-exporting it outside the territory of the Czech Republic, or by means of a weapon through the territory of the Czech Republic.
Notification of transfer or transfer of ownership to a registered weapon
(1) Any person transferring ownership of a registered weapon to another person is required to notify such transfer within five days of the date of transfer of the weapon, unless otherwise specified, to the District Directorate of Police, which has registered the weapon, and at the same time to hand over a weapon identification.
(2) Any person who acquires ownership of a registered weapon must notify it within five days of the transfer of ownership of the weapon or of the acquisition of legal authority of a court of succession order, unless otherwise specified, to the district of the police department responsible for the place of residence of the natural person or registered office of the legal person and at the same time submit the weapon; This district police department will issue a gun to the owner of the gun.
(1) The natural or legal person shall indicate in the notice of transfer of ownership to the weapon:
(a) personal data of a natural person or data identifying the legal person between whom the transfer of ownership took place;
(b) the place of residence or registered office of the legal person between whom the transfer of ownership took place;
(c) the type, brand, model (s), calibre and serial number of the weapon;
(d) proof of transfer of ownership to the weapon.
(2) The holder of the firearms licence shall also indicate in the notice of transfer of ownership to the weapon the number of the weapon licence and its duration.
(3) The holder of the armaments authorisation shall also indicate in the application:
(a) the number of the arms licence;
(b) the location of the weapon,
(c) the reason for the issue of the arms licence (§ 53).
An arms and ammunition dealer who, in the course of his business, transfers ownership of a weapon subject to registration produced, repaired, modified, purchased, inherited or donated to another person, shall notify the District Directorate of Police responsible for the place of establishment, 5) in which the transfer took place. The notification shall be made once a month for all transfers made in that month.
Registration of weapons subject to registration
A natural or legal person holding an arms licence shall keep a register of weapons subject to registration which he owns and keep records containing that record for at least five years. Furthermore, an arms and ammunition dealer shall keep separate records of weapons subject to registration, which are the subject of the activities referred to in Section 5 (f), and archive documentation containing such records for at least 30 years. The archiving shall be carried out according to a special law. 6)
The details of the notification of the transfer of ownership to a weapon pursuant to Sections 11 to 13 and of the keeping of records of weapons pursuant to Section 14 shall be laid down in an implementing regulation.
Weapons marking verification mark
(1) If they are subject to specific legislation7) the weapons to be registered, the verification may be registered only if they are marked with a valid test sign or a mark recognised under an international contract to which the Czech Republic is bound. 8)
(2) The owner of a weapon which is not marked by a valid test mark is obliged to submit the weapon without undue delay for verification in accordance with a specific legislation. 7)
(3) Weapons subject to registration for museum or collector purposes which are not used for shooting need not be assessed.
(4) The District Directorate of Police shall invite the owner of the weapon to submit a weapon for verification to the Czech Office for the Testing of Weapons and Ammunition if a reasonable suspicion of a defective technical condition of the weapon, which could lead to the destruction of the weapon, has arisen in the control of the weapon pursuant to § 46 (1) (d) or § 54 (1) (h).
WITHDRAWAL-FREE MARKETING AUTHORISATION
(1) Registration under Article 6 is not subject to:
(a) firearms of which the energy of the missile is at most 7,5 J and gas weapons of which the energy of the missile is at most 10 J;
(b) paintball or similar marking weapons;
(c) acoustic weapons and gas vehicles, if the production design is permitted, and other expansion weapons, instruments and equipment, the construction of which excludes the use of a bullet or bulk projectile;
(d) historical weapons;
(e) single-shot and double-shot previews designed on the principles of cigar, roller, flint and percussion lock systems;
(f) mechanical weapons;
(g) parts of weapons subject to registration, with the exception of their essential parts;
(h) State-owned weapons held for collection, research, development or museum purposes by the Ministry of Interior or the Ministry of Defence.
(2) The authorised production of acoustic weapons and gas [paragraph 1 (c)], as well as gas charges [§ 4 (n)], and in particular the type, composition and quantity of irritant in view of the potential risk of damage to health when using the gas against a person, is laid down in the implementing regulation.
Acquisition of ownership of non-registered weapons by natural persons
(1) A natural person may acquire ownership of the weapons referred to in Article 17 (1) (a) to (f) and ammunition in such weapons, unless he is an inheritance, only if he is over 18 years old and has legal capacity.
(2) The provisions of paragraph 1 shall not apply where the acquisition of ownership of mechanical weapons is less than 200 N.
Shots fired from non-registered weapons
Of the weapons referred to in § 17 (1) (d) and (e), where the kinetic energy of the projectile exceeds 10 J, the missiles may only be fired at approved shooting range; such weapons must be marked with a Czechoslovak or Czech certification mark or a recognised foreign mark.
(1) The shooting of the weapons referred to in Article 17 (1) (a), (b) and (f) is prohibited in places where the life or health of persons might be endangered or damage to property. A person under the age of 18 may only fire those weapons under the direct supervision of a person over the age of 18 who is eligible for legal action.
(2) The shooting of the weapons referred to in Article 17 (1) (c) is prohibited in places accessible to the public, unless the use of the weapon is for the protection of health, life and property or for industrial, film, theatre, sport, cynological and similar purposes.
_
Prohibited weapons and their certain accessories
(1) The prohibited weapons and accessories are:
(a) weapons which allow multiple shots (batch) to be fired at one press of the trigger (fully automatic weapons);
(b) military weapons, with the exception of rifles, pistols and revolvers to a 12 mm calibre and signal weapons marked with a civil certification mark;
(c) weapons originally manufactured as fully automatic weapons;
(d) firearms which have the appearance of military fully automatic weapons and which can be modified to be fully automatic;
(e) shotgun of a total length of less than 900 mm or of a shotgun of which the barrel is less than 450 mm; in the case of weapons equipped with a movable belt or shoulder support, the total length of the weapon shall be understood as the minimum length of the gun when the belt is folded or retracted,
(f) weapons manufactured or modified in such a way that their purpose can be concealed, or weapons in which the original character or form has been modified so that their use may cause more severe consequences (insidious weapons);
(g) firearms,
(h) weapons which are not made from metal unless they are identifiable as having been used for checking persons and baggage by means of detection and X-ray equipment;
(i) guns with fixed silencers,
(j) weapons with objective lighting equipment;
(k) weapons with optical and similar sights;
(l) short weapons with laser sights;
(m) gun sights designed on the basis of noctovistors and similar targeting devices for targeted shooting under reduced visibility conditions;
n) silencers.
(2) Prohibited weapons referred to in paragraph 1 shall not be considered as:
(a) hunting and sporting weapons with optical and similar sights;
(b) short weapons with laser sights when used in shooting range.
Prohibited ammunition and prohibited military ammunition
(1) The prohibited ammunition is:
(a) bullets constructed or subsequently modified to increase penetration or impact;
(b) special rounds with a chemical or biological bullet;
(c) military ammunition.
(2) The ammunition referred to in paragraph 1 shall not be considered as prohibited:
(a) hunting shells, the missiles of which are designed to increase the impact of the injury;
(b) special cartridges containing a narcotic substance,
(c) military charges, provided that the appropriate test weapon and ammunition is provided for to be used for civil purposes and are permitted to produce the ammunition referred to in paragraph 4.
(3) The prohibited military munitions are, in particular, imitation, pyrotechnic and lighting equipment, grenades, missiles, mines, explosives, aerial bombs and missiles intended for use in armies and public armed forces for military or security purposes, unless it is specified by the competent service that they may be used for civil purposes.
(4) The permitted production of ammunition is laid down in the implementing regulation.
Handling of prohibited weapons, ammunition and prohibited military ammunition
(1) Prohibited weapons, prohibited ammunition or prohibited military ammunition (Sections 21 and 22) are prohibited from holding, carrying, producing, exporting, importing and trading unless otherwise specified.
(2) Paragraph 1 shall not apply to the export and import of prohibited weapons, ammunition or prohibited military munitions carried out in the course of a commercial activity under specific regulations. 10)
(3) Anyone carrying or otherwise holding prohibited weapons, prohibited ammunition or prohibited military ammunition without authorisation is required to surrender them to the custody of the district police headquarters without undue delay. A certificate shall be issued for taking over the articles submitted.
Exceptions
(1) At the request of a natural or legal person, the District Directorate of Police may, in justified cases, grant an exemption from the provisions of Paragraph 23 (1) in respect of the permanent import of a weapon on the basis of an arms accompanying letter for the permanent import of a weapon and ammunition (§ 60), and the possession of prohibited weapons, their accessories or prohibited ammunition, for collector's or museum's purposes only, and the possession or carrying of prohibited weapons and their accessories for film or theatre purposes. Prohibited weapons intended for film or theatrical purposes shall be so modified that only training cartridges or cartridges may be used in the shooting. The District Directorate of Police shall determine the conditions for such use.
(2) At the request of a natural or legal person, the Ministry of the Interior may, where justified, grant an exemption from the provisions of Paragraph 23 (1) in respect of the possession or carrying of prohibited weapons and their accessories or ammunition in a specified number and for a defined purpose, where such person carries out the protection of objects of particular importance, the transport and surveillance of extremely dangerous or valuable consignments or similar activity.
(3) At the request of a natural or legal person, the Ministry of Industry and Trade may, in justified cases, grant an exemption from the provisions of Paragraph 23 (1) in respect of production and trade in the territory of the Czech Republic with prohibited weapons, ammunition or prohibited military munitions in a specified number and for a specified purpose. The condition for granting this exemption is the approval of the Ministry of the Interior and, as regards military weapons, military ammunition and military ammunition, the approval of the Ministry of Defence.
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
ČÁST DRUHÁ
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
ČÁST TŘETÍ
§ 17
§ 18
§ 19
§ 20
ČÁST ČTVRTÁ
§ 21
§ 22
§ 23
§ 24
ČÁST PÁTÁ
§ 25
§ 26
ČÁST ŠESTÁ
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 48a
§ 49
§ 50
ČÁST SEDMÁ
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
ČÁST OSMÁ
§ 58
§ 59
§ 60
§ 61
§ 62
ČÁST DEVÁTÁ
§ 63
§ 64
§ 65
§ 66
ČÁST DESÁTÁ
§ 67
§ 68
§ 69
ČÁST JEDENÁCTÁ
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
§ 78
§ 79
§ 80
§ 81
§ 82
§ 83
ČÁST DVANÁCTÁ
§ 84
§ 84a
§ 85
§ 86
§ 87
§ 88
§ 89
§ 90
§ 91
§ 92
§ 93
§ 94
§ 95
§ 96
§ 97
§ 98
§ 99
ČÁST TŘINÁCTÁ
§ 100
§ 101
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Regulation Information
| Citation | Act No. 288 / 1995 Coll., on firearms and ammunition (Firearms Act) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.12.1995 |
|---|---|
| Effective from | 01.03.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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