Decree No. 335 / 2004 Coll.
Decree implementing certain provisions of the Firearms and Ammo Verification Act
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Effective from 01.07.2004
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335
DECLARATION
of 14 May 2004
implementing certain provisions of the Firearms and Ammo Verification Act
The Ministry of Industry and Trade provides pursuant to § 24 of Act No. 156 / 2000 Coll., on the Verification of Firearms and Ammunition, as amended by Act No. 227 / 2003 Coll., Act No. 148 / 2010 Coll. and Act No. 206 / 2015 Coll., for the implementation of § 6 (1) (c), § 7 and 8, § 8a (4), § 10 (1) (c), § 11a (2), § 15 (2) and (3), § 16 (1) (d), § 16 (2) (a), § 17a, § 18 (2), § 18 (3) (a), § 19 (6), § 19a (3) and § 20 (1):
Subject matter
This decree implements the relevant European Union9), while regulating
(a) details of the progress of the Czech Office for the Testing of Weapons and Ammunition (hereinafter referred to as "the Office") in the verification of specified firearms, specified ammunition (hereinafter referred to as "controlled products");
(b) the procedure by the Authority for checking the labelling of the products checked with identification data and the scope of the identification data checked;
(c) the scope of the technical and accompanying documentation;
(d) models of test marks and other marks used by the Office and recognised in the Czech Republic;
(e) the amount of remuneration levied by the Office for professional activities carried out;
(f) a model of the service card; and
(g) the number of samples of products to be tested.
Basic concepts
For the purposes of this decree:
(a) the mark referred to in Annex 4,
(b) the uniform test mark, the mark referred to in Annex 3, Part 1.1.2 or 1.1.3;
(c) the identification mark referred to in Annex No 3, Part 1.1.1;
(d) the national test sign referred to in Annex 3, Part 2.
Determined method of marking weapons and ammunition
(1) The specified firearms shall be identified by the Office in a manner which shall consist of:
(a) a uniform test mark, accompanied on at least one of the main parts of the weapon by the Office's identification mark and a marked double number or symbol indicating the year of the test (hereinafter referred to as the "test year symbol");
(b) the uniform test mark, the Office's identification mark and the doubles or symbol of the year of testing on each heavily loaded part submitted separately for verification; or
(c) the national test mark and the Office's identification mark, which shall be supplemented on at least one of the main parts of the weapon by a marked double number or symbol of the year of the test, and, in the case of a prohibited weapon (6), by the number of the test report on a separate number series.
(2) The specified ammunition shall be identified by the inspected person or authority in a specified manner, which shall consist of a test mark bearing the type test certificate number or a uniform test mark marked with the Authority's identification mark.
Procedure for the approval of specified firearms
(1) For the approval of specified firearms (hereinafter referred to as "homologation '), the manufacturer, importer, exporter, distributor or repairer (hereinafter referred to as" controlled person') shall submit two specified firearms to the Office, together with a request under Article 18 of the Act; each specified firearm presented shall be provided with:
(a) the designation of the person checked by the commercial firm under which he is registered, or the name, if he is a legal person, or on behalf of, or a natural person, his trade mark;
(b) type designation,
(c) the caliber of the ammunition used;
(d) an indication of the calibre on each exchange barrel and, if the weapon has mainly different calibre, an indication of the calibre on each main;
(e) an indication of the calibre on each exchange cylinder of the revolver;
(f) in the case of a firearm, the designation of the country or place of origin, the serial number and the date of manufacture, unless it is part of the production number; and
(g) the permanently marked letters "C-I" in the case of a firearm considered to be a category C-I weapon under the arms law and submitted until 31 December 2021.
(2) The main part of a specified firearm which cannot be marked in accordance with paragraph 1 in view of its size shall be marked only with a production number or an alphanumeric or digital code.
(3) The marking referred to in paragraphs 1 and 2 shall be carried out in accordance with the technical requirements for the marking of firearms and their essential parts set out in Annex 2.
(4) For specified firearms submitted for approval, the Office shall establish:
(a) conformity of basic dimensions with the manufacturer's technical documentation and with the technical requirements laid down (Section 4 of the Act);
(b) the type designation given on a specified firearm;
(c) safe shooting function;
(d) the resistance of the material from which the weapon is manufactured, either during shooting or under difficult climatic conditions, if required;
(e) the accuracy and completeness of the technical and accompanying documentation;
(f) whether the manufacturer has the necessary calibrated gauges, the inspection procedures developed, the necessary premises and has the technical and personnel conditions to carry out the inspection of all products identical to the approved type of specified firearms (hereinafter referred to as the "control system") and whether it keeps records;
(g) the conformity of the markings referred to in paragraphs 1 and 2 with the technical requirements for the marking of firearms and their essential parts set out in Annex 2.
(5) The type of specified firearm submitted may include several production designs, provided that these designs have the same design. Weapons with a different external appearance shall be considered as a production design of the type of specified firearms submitted.
(6) For the approval of imported specified firearms, a controlled person who does not provide data on the control system (Section 6 (1) of the Act) with a foreign manufacturer shall ensure the detection of such data in cooperation with the Authority at his expense.
(7) The Office shall always, after carrying out the examinations, issue a written record of the verification carried out (hereinafter referred to as the "Protocol"), indicating:
(a) the name and / or second name and surname, maiden name, date and place of birth and place of residence of the natural person, or the name or business name, legal form, registered office and identification number of the legal person (hereinafter referred to as "identification details of the person checked"),
(b) the description and designation of the specified firearms;
(c) a description of the tests carried out with regard to the technical requirements laid down, their results and their evaluation;
(d) the place of the tests and the date of issue of the report.
(8) If the conditions set out in Paragraph 6 (1) of the Act are met, the Office shall issue a certificate of homologation containing:
(a) identification of the person checked;
(b) the technical characteristics of the type of specified firearm tested, in particular the type of material and its parameters, the calibre of the ammunition;
(c) the identification of the Office's identification mark and the uniform test mark referred to in Annex 3, with the approval number and the designation of the body which will thus mark each specified firearm manufactured and the instructions on the keeping of records of designated firearms;
(d) instruction on carrying out individual verification of specified firearms during the period of validity of the approval (Section 6 (4) of the Act);
(e) information on the conduct of inspections by the Office (Section 20 of the Act), the date and place of issue of the certificate of approval.
If the weapon fails to comply with the conditions laid down, the Authority shall issue a decision to refuse to issue a certificate of approval (Section 21 (2) of the Act) containing, in addition to the data consistent with the protocol, a description of the defect detected.
(9) After completion of the approval, one specimen of the verified type of specified firearms shall be deposited with the Office; This does not apply to gas weapons. The second specimen will return to the controlled person.
(10) The Office shall carry out individual verifications of specified firearms within the scope of the approval referred to in paragraph 2 subject to approval in the case of:
(a) an extension of the certificate of homologation (Article 6 (4) of the Act); or
(b) if they are produced or imported in a number of not more than five units per year (Section 6 (3) of the Act).
In the event that the weapon fails to comply with the conditions laid down in point (a) for the individual verification, the Authority shall issue a decision on the revocation or withdrawal of the certificate of approval (Section 21 (2) of the Act), including, in addition to the data consistent with the protocol, a description of the defect detected.
(11) If the inspected person, the owner of the weapon or the person who is entered in the weapon licence requests the verification of a specified firearm already marked by the approval mark, the Authority shall carry out individual verifications.
(12) The Office shall send a copy of the certificate of approval of a specified firearm or a report of its revocation or a report of the withdrawal of the certificate of approval or of the refusal to issue a certificate of approval (Section 21 (2) of the Law) to the Permanent Commission for the testing of small arms (1) ("Standing Office").
Procedure for unit verification of specified firearms
(1) In the case of a partial verification of specified firearms, the controlled person or person registered in the gun licence, together with a request under Article 18 of the law, shall submit to the Office a specified firearm, two consumables for each cartridge chamber, five rounds for the automatic weapon for each cartridge chamber and a specified firearm intended exclusively for the use of black powder, two rounds for each barrel; a specified firearm shall be provided with:
(a) the manufacturer's designation by a commercial company under which it is registered or by the name, if it is a legal person, or by the name and surname, if it is a natural person, or by their trade mark;
(b) type designation,
(c) the indication of the country or place of origin;
(d) the production number,
(e) the caliber of the ammunition used;
(f) the year of manufacture, unless indicated in the serial number of the specified firearm;
(g) the indication or particulars on each barrel of the chamber length with regard to a specified firearm with a smooth-bore barrel,
(h) an indication of the calibre of each barrel if the weapon has mainly different calibre, or an indication of the calibre of the barrel, if the specified firearm has each of the main same calibre;
(i) where the barrel is intended exclusively for the use of black dust, a clear indication of that fact, unless otherwise specified by the Authority;
(j) an indication of each shotgun barrel of the measured diameter of the drill, or an indication of the material from which it is produced, or, where appropriate, a indication of the mass,
(k) an indication of the calibre on the revolver cylinder, if possible to replace the revolver cylinder.
(2) The main part of a specified firearm which cannot be marked in accordance with paragraph 1 in view of its size shall be marked only with a production number or an alphanumeric or digital code.
(3) If the weapon is not marked with the production number or year of manufacture when it is presented for verification or inspection of the marks of the products checked by means of identification, the Authority shall label the gun with the serial number of the test and the year of the test.
(4) The marking referred to in paragraphs 1 and 2 shall be carried out in accordance with the technical requirements for the marking of firearms and their essential parts set out in Annex 2.
(5) The unit verification of silencers is carried out in accordance with Annex 1. The manufacturer shall bear a marking of the silencers to the same extent as the specified firearms. If a specified firearm is to be fitted with a silencer, the specified firearm shall be verified separately for this purpose in the specified manner. The silencer shall bear the mark of the calibre for which it is verified; if intended for multi-calibre use, they shall bear the marking of those calibers.
(6) The Authority shall carry out:
(a) inspection prior to the test shooting;
(b) test shooting;
(c) inspection after a test shooting.
(7) The technical requirements for unit verification are set out in Annex 1, in another legislation8) and in Czech technical standards 2).
(8) In the pre-shooting inspection, the office shall discard a specified firearm which does not comply with the requirements set out in Annex 1 (1) or one whose marking does not comply with the requirements set out in paragraph 1 or 2 or which does not comply with the technical requirements for the marking of firearms and their essential parts set out in Annex 2. It shall notify that fact to the person or person to whom it is registered on the gun licence.
(9) The Authority shall not verify a specified firearm which is visibly damaged by the test shooting and specified firearms which show defects listed in Annex 1 (3) or have an irreparable defect listed in Annex 1 (4). It shall notify that fact to the person or person to whom it is registered on the gun licence.
(10) If the test fire carried out in accordance with Annex 1 is suspected to reduce the pressure of the test charge, in particular by leakage of gases, the Authority shall carry out additional shooting in excess of the prescribed number of test shots. In the event of doubt as to the strength of a specified firearm subjected to a test shooting, or in the event of doubt as to the existence of damage or other defect of a specified firearm, or in the event of a defect in the shell of a test hub, the Authority shall also carry out additional shooting by test rounds.
(11) If the test fire carried out in accordance with Annex 1 results in a defective function of the specified firearm being tested, the Authority shall carry out the verification of the function by additional charge firing, at least two shots per chamber.
(12) At the request of the person checked or registered in the gun licence, the verification of the shotgun may be replaced by a higher pressure test (higher test) or a steel shot test.
(13) In the case of the partial verification of weapons imported from abroad, the test marks of which are not recognised in the Czech Republic under the Convention (1) and which have tipping centres, the examination of:
(a) the length of the principal to an accuracy of 1 mm;
(b) the diameter of the barrel of a shotgun barrel with an accuracy of 0,1 mm and the diameter of the barrel of a ball barrel with an accuracy of 0,01 mm;
(c) weight, not exceeding 1 g, not exceeding 1 g,
(d) the strength of the material of the essential parts of the specified firearm shall be determined by a hardness test and, on the basis of this test, shall be determined whether the wall thickness is particularly satisfactory unless the person checked proves that the strength of the material used complies with the Czech technical norm.2)
(14) The designated firearm, which is submitted by the repairers [Paragraph 16 (4) (b) of the Act], is subject to a partial verification. The unit verification shall also be subject to specified firearms already marked by the test mark.
(15) The Office shall always, after a partial verification, mark the weapon in a specified manner and at the same time issue a record containing:
(a) identification of the person checked;
(b) identification of the specified firearm; and
(c) the date and place of the verification test;
(d) in the case of a weapon charged with black powder, the maximum mass of the dust charge, the seals and the bullets used.
If the weapon fails to comply with the conditions laid down in this verification, the Office shall indicate it in accordance with Section 19 (4) of the Act and issue a decision to refuse to designate a specified firearm containing, in addition to the data consistent with the Protocol, a description of the defects detected (Section 21 (2) of the Act).
(16) The specified firearms which have not complied with the terms of the partial verification shall bear the Authority's identification mark and shall be returned to the person or person to whom it is registered in the weapon pass to correct the deficiencies. After their removal, the Authority shall carry out a repeated partial verification.
Procedure for the re-verification of specified firearms
(1) The Office shall always, after repeated unit verification, mark the weapon in a specified manner and at the same time issue to the person or person to whom it is registered in the gun licence, a protocol containing:
(a) identification of the person checked;
(b) identification of the specified firearm; and
(c) the date and place of the verification test.
If the weapon fails to comply with the conditions laid down in this verification, the Authority shall issue a decision to refuse to designate a specified firearm containing, in addition to the data consistent with the protocol, a description of the defect detected (Paragraph 21 (2) of the Act) and shall again return it to the person or person to whom it is registered in the gun licence to correct the deficiencies.
(2) If the weapon conforms to repeated partial verification under the conditions laid down, the Office shall add the specified firearm to the designated Office identification mark referred to in Section 3 (14).
(a) a uniform test mark, a serial number of the test and a double number or symbol of the test year where the compliance of the weapon with the technical requirements laid down under an international contract to which the Czech Republic is bound has been verified; or
(b) the national test mark, the test serial number and the double digits or symbol of the year of the test in the event that the compliance of the weapon with the national technical requirements has been verified.
Procedure for type control of specified ammunition
(1) For the verification of the specified ammunition, the smallest production series shall be 3000 pieces from the verified type of ammunition. In the event that a lower number is produced, the Authority shall decide on each case separately, taking into account the technical requirements laid down. The type-control of the specified ammunition (hereinafter referred to as "type-control ') shall be selected as a representative of the type of specified ammunition which develops the highest maximum pressures.
(2) The specified ammunition bearing a trade firm or name, if it is a legal person, or the name and surname, if it is a natural person, or a trade mark and data enabling the identification of the type of ammunition (type, mark and calibre), shall be presented by the controlled person together with the application (Paragraph 18 of the Act) in the quantity set out in Annex 7 and, where appropriate, by the Office referred to in paragraph 1. The Office shall also determine the number of the smallest consumer packaging submitted according to the relevant Czech technical standard. 2) On the smallest packaging of ammunition, the inspected person shall indicate, in addition to his designation, the type of ammunition, the serial number and the number of pieces of ammunition in the packaging. The type of ammunition presented may include several production models with regard to the material and design design of the individual components of the ammunition of the type. The Office shall examine the technical and accompanying documentation and shall notify the subject in writing within 60 days at the latest of the conditions for carrying out the type control.
(3) In the case of type-checks, the Authority shall ascertain whether:
(a) the controlled person owns and uses calibrated or validated measuring instruments for measuring the dimensions, function, pressures or values considered equivalent to that type of specified ammunition;
(b) the manufacturer has at his disposal technical equipment to carry out the production control [Paragraph 10 (1) (c) of the Act], in particular:
1. ballistics meters the dimensions of which are identical to the specified technical requirements;
2. pressure gauges with valid verification;
3. gauges designed for dimensional inspection of ammunition with valid metrological verification;
4. weapons with a valid verification to check the safety of the ammunition function;
(c) the manufacturer shall have qualified staff to operate the technical equipment referred to in (b);
(d) the manufacturer shall operate a control system and keep records of the results of checks on the individual production series of the specified ammunition; such records shall be kept by a procedure approved by the Office and shall be made available to the Office at any time;
(e) an importer who does not provide evidence of an inspection system for imported specified ammunition with a foreign manufacturer shall ensure that they are detected in cooperation with the Authority at their expense;
(f) the ammunition produced complies with the technical requirements laid down for:
1. conformity of dimensional characteristics,
2. appearance and execution of data and distinguishing marks on each hub,
3. the implementation of the corresponding information on the smallest consumer packaging,
4. charge gas pressure or values considered equivalent;
5. transport, handling and functional safety,
6. resistance to difficult climatic conditions,
7. dispersion, cover and speed,
(g) the bulletins as components of ammunition placed on the market separately comply with the technical and safety requirements laid down by the manufacturer for the purpose of the use of ammunition; the Authority shall include, in the determination of the results of the assessment of conformity where a conformity assessment has been carried out under another legislation for the ammunition, provided that the results of such assessment have been submitted with the application in accordance with Article 7 (d).
(4) The Authority will always issue a protocol containing:
(a) identification of the person checked;
(b) a description and determination of the specified ammunition;
(c) a description of the tests carried out on the specified technical requirements and their results;
(d) the date and place of the tests.
(5) When the conditions laid down in Section 10 of the Act are fulfilled, the Office shall issue a certificate of type control of ammunition, together with the Protocol referred to in paragraph 4, which shall include:
(a) identification of the person checked;
(b) the subject matter of type control;
(c) the date and place of issue of the type-control certificate;
(d) the mandate to carry out the production control and the designation of the body which will be authorised to designate the specified ammunition in a specified manner;
(e) guidance on the conduct of inspection checks on ammunition (Section 11 of the Act);
(f) guidance on the conduct of inspections by the Office (Section 20 of the Act).
If the ammunition does not comply with the conditions laid down in the type or inspection check, the Authority shall issue a decision to refuse to issue, withdraw or terminate a type-check certificate containing, in addition to the data consistent with the Protocol, a description of the defects detected (Section 21 (3) of the Act).
(6) The Office shall send a copy of the certificate of type control of ammunition to the Standing Office or inform it of its refusal to issue it or of its withdrawal, if any. Similarly, it shall proceed when the type-control certificate is expired.
(7) In the case of the submission of a specified ammunition on which the technical requirements are not yet laid down (Section 4 of the Act), the Authority shall carry out a type-check on the basis of the complete data supplied by the manufacturer. The Authority shall notify this inspection to the Standing Office at the same time as the maximum allowable pressure, measured at the mean value of the maximum pressure and other data communicated by the manufacturer, which are duly verified.
(8) In the case of a new calibre of a specified ammunition, other than high-performance ammunition, a type-check shall not be carried out where the ammunition is already type-controlled and included in the specified technical requirements which have dimensions identical or similar and the maximum allowable pressure higher than that of the new ammunition can be charged and fired from the ammunition chamber of the small arms intended for that new ammunition, having a maximum allowable pressure lower than that of the already type-checked calibre.
(9) Where the inspected person does not provide data on the control system for the specified ammunition produced or imported, the Authority shall verify each production or imported series of ammunition.
Procedure for checking the labelling of controlled products with identification data
(K § 11a of the Act)
(1) When checking the designation of the controlled product by identifying the manufacturer, repairer, exporter or importer of the controlled product together with the controlled product, it shall submit to the Authority the technical documentation and data necessary to identify the petitioner and the controlled product submitted, in particular details of:
(a) the product type including the production models with:
1. the species, brand, model and calibre of the specified firearms;
2. the species, mark and calibre of the specified ammunition;
(b) the name and address of the manufacturer in the case of imports.
(2) The information referred to in paragraph 1 may be provided to the Office on a form published on its website.
(3) The technical documentation submitted pursuant to paragraph 1 shall include the designation of the specified weapon by means of the identification data referred to in paragraph 4 or the designation of the specified ammunition referred to in paragraph 5, the location of such marking on the product under control and the manner in which it is carried out.
(4) When checking the marking of specified firearms by means of identification, the Authority shall check that the specified firearms submitted are marked in accordance with the technical requirements for marking of firearms and their essential parts set out in Annex 2,
(a) the name of the manufacturer by the commercial firm under which he is registered, or by the name, if he is a legal person, or by his name and surname, if he is a natural person, or by his trade mark, followed by the name of the country or place of origin, the serial number and the year of manufacture, if he is not part of the serial number; or
(b) the serial number or alphanumeric or digital code, unless the main part of the specified firearm has been marked with regard to its size as referred to in (a).
(5) When checking the marking of the specified ammunition with identification data, the manufacturer, exporter or importer shall submit the specified ammunition from one series in the quantity specified in Annex 7. The Office shall also determine the number of consumer packages submitted. On the smallest packaging of ammunition, the inspected person shall, in addition to his designation, indicate the type and calibre of the ammunition, the serial number and the number of pieces of ammunition in the packaging. The type of ammunition presented may include several production designs with regard to the specified technical requirements. The Authority shall, when checking labelling by means of identification data, examine the completeness and execution of the identification data on consumer packages to the extent specified in the third sentence, and further review the completeness and execution of the identification data on each charge, where each charge must be marked with the mark or name of the manufacturer and the calibre of the ammunition.
Technical and accompanying documentation
The technical and accompanying documentation submitted by the person checked together with the application for verification of the products checked [Paragraph 18 (3) (a) of the Act] includes:
(a) a general description;
(b) design and production drawings, diagrams of parts, groups, etc.,
(c) descriptions and explanations necessary to understand the supporting documents, including a description of the function and the definition of the principles for the safe use, storage, transport and disposal of the product;
(d) reports of tests carried out;
(e) instructions for the person carrying out the installation and dismantling of the specified firearms;
(f) instructions for use;
(g) instructions for overloading the ammunition if the components of the ammunition are required to be placed on the market separately for the assembly of the cartridge or cartridge;
(h) the technical and safety requirements laid down by the manufacturer to demonstrate compliance with the requirements of Article 4 (1) of the Act, where the ammunition is placed on the market separately;
(i) certificates relating to the equipment of the specified firearm, to the specified ammunition, to the components of the specified ammunition or to the ammunition used in the ammunition, reports and protocols relating to the specified firearm, to the specified ammunition or ammunition used in the ammunition and other documents which facilitate the verification office.
Scope of the product submission documentation for classification
(K § 17a of the Act)
Documentation submitted by the applicant for the classification of Class 1 explosive substances and articles, 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 ADR10 (hereinafter referred to as "the classification ') together with the application includes:
(a) the name and description of the articles and substances submitted for classification, including their commercial and chemical labelling;
(b) a technical dossier including a description of the functions and dangerous properties of the articles and substances presented for classification, the type and quantities of explosive substances contained and a technical drawing of the assembly of the articles described;
(c) accompanying documentation including a description of the packaging method of the articles and substances presented for classification and a drawing of the packaging indicating the packaging code;
(d) reports of tests carried out on articles and substances submitted for classification; and
(e) descriptions and explanations necessary for assessing the content of documents relating to articles and substances submitted for classification.
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Regulation Information
| Citation | Decree No. 335 / 2004 Coll., implementing certain provisions of the Firearms and Ammo Verification Act |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.05.2004 |
|---|---|
| Effective from | 01.07.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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