What is Full version of Act No. 48 / 2009 Coll.?

Full text of Act No. 48 / 2009 Coll., Act No. 119 / 2002 Coll., on firearms and ammunition and amending Act No. 156 / 2000 Coll., on verification of firearms, ammunition and pyrotechnic articles and amending Act No. 288 / 1995 Coll., on firearms and ammunition (Firearms and ammunition Act), as amended by Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on administrative charges, as amended, and Act No. 455 / 1991 Coll., on business (Trade Act), as amended, as amended — Full text of Act No. 119 / 2002 Coll., on firearms and ammunition and amending Act No. 156 / 2000 Coll., on verification of firearms, ammunition and pyrotechnic articles and amending Act No. 288 / 1995 Coll., on firearms and ammunition (Firearms and Weapons Act), as amended by Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on administrative fees, as amended, and Act No. 455 / 1991 Coll., on trade (Trade Act), as amended, as amended.

When it became Full version of Act No. 48 / 2009 Coll. effectiveness?

Full version of Act No. 48 / 2009 Coll. became effective date not available.

Is Full version of Act No. 48 / 2009 Coll. still valid?

Yes, Full version of Act No. 48 / 2009 Coll. is still valid and effective.

Full version of Act No. 48 / 2009 Coll.

Full text of Act No. 119 / 2002 Coll., on firearms and ammunition and amending Act No. 156 / 2000 Coll., on verification of firearms, ammunition and pyrotechnic articles and amending Act No. 288 / 1995 Coll., on firearms and ammunition (Firearms and Weapons Act), as amended by Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on administrative fees, as amended, and Act No. 455 / 1991 Coll., on trade (Trade Act), as amended, as amended

Valid Declared full text

Text versions: 18.02.2009

ČÁST PRVNÍ HLAVA I § 1 § 2 HLAVA II § 3 § 4 § 5 § 6 § 7 HLAVA III § 8 § 9 § 10 § 11 § 12 § 13 § 14 § 15 HLAVA IV § 16 § 17 § 18 § 19 § 20 § 21 § 21a § 22 § 23 § 24 § 25 § 26 § 27 § 27a § 28 § 29 § 30 § 30a HLAVA V § 31 § 32 § 33 § 34 § 35 § 36 § 37 § 38 § 39 § 40 HLAVA VI § 41 § 42 § 43 HLAVA VII § 44 § 45 § 46 § 47 § 48 § 49 § 50 § 50a § 51 HLAVA VIII § 52 § 53 § 54 § 55 HLAVA IX § 56 § 57 § 58 § 59 § 60 § 61 § 62 § 63 § 64 § 65 § 66 § 67 § 68 § 69 § 70 HLAVA X § 71 § 72 § 73 HLAVA XI § 74 § 75 § 75a HLAVA XII § 76 § 76a § 76b § 76c § 76d § 76e § 76f § 77 § 77a HLAVA XIII § 78 § 79 HLAVA XIV § 80 § 81 § 82 § 83 § 84 až 86 § 87

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PRESIDENT OF THE GOVERNMENT

Announces

The full text of Act No. 119 / 2002 Coll., on Firearms and Ammons and on the amendment of Act No. 156 / 2000 Coll., on the Verification of Firearms, Ammo and Pyrotechnic Articles and on the Amendment to Act No. 288 / 1995 Coll., on Firearms and Ammunition (Act No. 124 / 2008 Sb., Act No. 134 / 2008 Sb., Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Sb., Act No. 310 / 2006 Sb., Act No. 170 / 2007 Sb., Act No. 124 / 2008 Sb., Act No. 228 / 2003 Coll., Act No. 228 / 2004 Coll., Act No. 537 / 2004 Coll., Act No. 359 / 2005 Coll., Act No. 444 / 2002 Sb., Act No. 310 / 2006 Sb., Act No. 170 / 2007 Coll., Act No. 124.

THE LAW

on weapons

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

BRANCH AND SILENCE

HLAVA I

INTRODUCTORY PROVISIONS

§ 1

Subject matter

(1) This law regulates the categories of firearms (hereinafter referred to as "weapons') and ammunition, the conditions for the acquisition of ownership, possession, carrying and use of weapons or ammunition, the rights and obligations of holders of arms or ammunition, the conditions for export, import or transit of weapons or ammunition and for the operation of firearms and ammunition, the conduct of pyrotechnic surveys, the operation of information systems in the field of arms and ammunition, the penalties and the conduct of state administration in the field of arms and ammunition, the operation of firearms and the operation and conduct of pyrotechnic surveys.

(2) The law does not apply, unless otherwise specified, to:

(a) weapons, ammunition and ammunition which are acquired or held in arms by the armed forces of the Czech Republic (1), the Security Council (1a), the Military Intelligence (1b) or the armed forces or the forces of other States when they are present in the territory of the Czech Republic, crossing the national borders of the Czech Republic and crossing the territory of the Czech Republic or crossing the territory of the Czech Republic under a special legislature2) or an international treaty which is part of the legal order and is intended to perform their tasks;

(b) State-owned weapons, ammunition and ammunition intended for collection, research or museum purposes by the Ministry of Interior (hereinafter referred to as "Ministry"), the Ministry of Defence, the armed forces of the Czech Republic (1), the security corps (1a), the Military Intelligence (1b) or the armed forces or the forces of other States when they are present in the Czech Republic, crossing the national borders of the Czech Republic and crossing the territory of the Czech Republic or crossing the territory of the Czech Republic under special legislation2) or an international treaty which forms part of the legal order;

(c) the weapons, ammunition and ammunition which are intended for verification by the Czech Office for the Testing of Weapons and Fire3),

(d) weapons, ammunition and ammunition which are cultural monuments, part of a collection declared to be a cultural monument or collection items owned by the State, regions or municipalities;

(e) the setting up and operation of shooters by the Czech Office for the Testing of Weapons and Ammings, Ministry of Defence, the Armed Forces of the Czech Republic (1), the Security Corps (1a), the Military Intelligence (1b) or the Armed Forces or the Corps of other States when they are present in the territory of the Czech Republic under a special legislature2) or an international treaty which is part of the legal order for their use only; and

(f) explosives as defined by special legislation3a (hereinafter referred to as "explosives"), with the exception of explosives sought by pyrotechnic research.

(3) If the State, Region, Municipality, Czech Defence Authority, Ministry, Ministry of Defence, Armed Forces of the Czech Republic (1), Security Council (1a), Military Intelligence (1b), Armed Forces or other States in their stay on the territory of the Czech Republic, crossing the national borders of the Czech Republic and transit through the territory of the Czech Republic or crossing over the territory of the Czech Republic under special legislation (2), or an international treaty which is part of the legal order, with the arms, ammunition or ammunition which are in their possession and which are not covered by this law, to any other person entitled to hold arms, ammunition or ammunition under this law, shall apply to this case from the moment of its adoption.

(4) Weapons, ammunition and ammunition referred to in paragraph 2 (a) to (d) are subject, mutatis mutandis, to provisions governing the keeping of records and the security of arms and ammunition, unless otherwise provided for in specific legislation3b.

§ 2

Definition of certain terms

(1) The types of weapons and ammunition are defined in the Annex.

(2) For the purposes of this Act:

(a) by holding a weapon or ammunition have

1. a weapon or ammunition within the housing or operating areas or within clearly enclosed properties with the consent of the owner or lessee of the said premises or properties;

2. A weapon not loaded with bullets in a container, cartridge box, cartridge chamber, barrel or cartridge chamber of a revolver cylinder and stored in a closed container for transfer from place to place,

(b) carrying a weapon or ammunition to carry a weapon or ammunition, except in the cases referred to in (a);

c) place of residence address of citizen of the Czech Republic 4), or address of permanent or temporary residence 5) foreigners 6),

(d) by an arms and ammunition entrepreneur, a natural or legal person who, under special legislation7) weapons or ammunition

1. develops, manufactures, modifies, corrects, degrades or destroys,

2. hides, stores, lends, transports, purchases, sells or receives orders; or

3. Leads others or their acquisition, sale or disposal to others;

(e) by leaving a weapon or ammunition to give another person the opportunity to effectively dispose of the weapon or ammunition;

(f) by a pyrotechnical survey of the targeted search for and identification of ammunition, ammunition or explosives by a specified procedure, or, where appropriate, their pick-up.

HLAVA II

CATEGORY OF COLLECTION AND STRENGTH

§ 3

Arms and ammunition distribution

(1) Weapons and ammunition are divided into:

(a) prohibited weapons, ammunition or prohibited arms accessories - category A ("Category A weapons");

(b) authorised weapons - category B (hereinafter referred to as "category B weapons"),

(d) other weapons - category D ("Category D weapons"),

(e) ammunition for non-prohibited weapons of categories A to D ("ammunition").

(2) Weapons categorised A to D shall also mean the essential parts of the weapons to which they are or are intended to be part.

(3) In doubt about the classification of the type of weapon or ammunition in the category referred to in paragraph 1, the Czech Office for the Testing of Weapons and Ammunition (§ 74 (6) (8)) shall decide. The procedure of the Czech Office for the testing of weapons and ammunition when classifying a type of weapon or ammunition into the category referred to in paragraph 1 shall be laid down in implementing legislation.

§ 4

Category A weapons

Category A weapons are:

(a) weapons

1. military, including firing sets, with the exception of rifles, pistols and revolvers, certified for civil use, provided that they are subject to verification under specific legislation;

2. automatic,

3. manufactured or modified in such a way that their purpose can be concealed, or in which the original character and the appearance have been modified so that their use may cause more severe consequences, or weapons disguised as other objects (malicious weapons),

4. firearms not manufactured from metals, unless they are identifiable as weapons when checking persons and baggage by means of detection and X-ray instruments;

5. gas or expansion, if not permitted production,

6. shooting sets; and

7. with fixed silencers or fixed laser sights;

(b) ammunition

1. a bullet through a bullet, explosive or incendiary;

2. for short ball guns with a shock or missile to increase the impact of the injury;

3. which does not correspond to the authorised production process; and

4. ammunition;

1. silencers,

2. weapons targeting devices designed on the basis of noctovistors; and

3rd laser sight.

§ 5

Category B weapons

Category B weapons are:

(a) short rechargeable or self-charging weapons;

(b) short, single or multi-shot, medium-lit ammunition weapons;

(d) long self-loading weapons, the container or cartridge and the cartridge chamber of which may hold more than 3 rounds together;

(e) long self-loading weapons, the container or cartridge and cartridge chamber of which cannot be combined with more than 3 cartridges and for which the feeding gear is removable, or where it is not guaranteed that they cannot be converted by commonly available tools into weapons whose cartridge or cartridge and cartridge may be combined with more than 3 cartridges;

(f) long repetitive or self-charging weapons with a smooth bore barrel having a barrel length of less than or equal to 600 mm;

(g) self-loading weapons if they have the appearance of automatic weapons; and

(h) signal weapons for the use of signal rounds of a calibre greater than 16 mm.

§ 6

Category C weapons

Category C weapons are:

(a) single-shot or multi-shot weapons for peripheral-fire ammunition, the total length of which is equal to or greater than 280 mm;

(b) single or multi-shot, repetitive or self-charging long arms other than those mentioned in § 5 (d) to (f);

(c) gas weapons for which the kinetic energy of the missile at the mouth is mainly greater than 16 J, excluding paintball weapons; and

(d) more than two-shot or repetitive weapons designed on the principle of percussion lock systems.

§ 7

Category D weapons

Category D weapons are:

(a) historic weapons;

(b) single and double-shot weapons designed on the principles of cigar, roller, flint or percussion lock systems;

(c) firearms intended for the firing of a globert-type cartridge with an energy of a missile at the mouth of more than 7,5 J;

(d) gas weapons for air cartouche;

(e) gas weapons for which the kinetic energy of the bullet at the mouth is at most 16 J;

(f) expansion weapons and expansion devices;

(g) mechanical weapons with a tension force greater than 150 N;

(h) degraded weapons on which irreversible modifications have been made to prevent their use for firing;

(i) weapons on which modifications have been made to at least partially uncover the internal construction of the weapon by cutting;

(j) inactive ammunition and ammunition; and

(k) weapons not listed in categories A to C.

HLAVA III

IMPLEMENTATION OF OWNERSHIP, COLLECTION AND LETTER

§ 8

To be owned, with the exception of inheritance (§ 66), and to hold or carry a weapon or ammunition, only those holding an arms licence or licence may, unless otherwise provided for by this law.

§ 9

(1) Weapon category A is prohibited from acquiring ownership, holding or carrying unless otherwise specified. The prohibition under the first sentence shall not apply to exports or imports carried out under special legislation9).

(2) The police of the Czech Republic ("the police") may grant an exemption to holders of Group A weapons licence or to arms licences of Group A, F, G, H, I or J, which carry out:

(a) collectors' or museum activities;

(b) the transport, guarding of extremely dangerous or valuable consignments or guarding of objects of particular importance, or objects of importance for State defence;

(d) instruction and training in the shooting of Category A weapons; or

(e) film or theatrical activities; In such a case, the weapon shall be irreversibly modified so that only training cartridges and cartridges can be used in the shooting.

Exemptions may be granted unless this is contrary to public policy and security and may be limited in time if they are granted under points (b) to (e).

(3) If there is a derogation to acquire ownership or possession of a weapon referred to in Section 4 (a) (1) which is subject to a special control regime under obligations under an international agreement which is part of the legal order, the Ministry of Defence must give prior approval.

§ 10

(1) The holder of a group A firearms licence or a group A, F, G, H, I or J arms licence shall apply for the exemption provided for in Article 9 (2) on a prescribed form, the model of which shall be laid down in the implementing legislation. The application shall contain:

(a) the name and surname, surname, date and place of birth and place of residence of the natural person (hereinafter "personal data"), or the name or business name, legal form, registered office and identification number of the legal person (hereinafter "data identifying the legal person");

(b) the type of weapon, the brand of the weapon manufacturer, the model (s), the calibre and the production number of the weapon, if known to the applicant (hereinafter referred to as the weapon data),

(c) the type of ammunition prohibited, the brand of the manufacturer of the ammunition, the calibre of the ammunition and its number, if the request is for an exemption to acquire ownership and hold or carry the prohibited ammunition;

(d) the nature of the prohibited addition of the weapon and its description and, where appropriate, its serial number;

(e) the number of the arms licence or licence; and

(f) the purpose and reason for the exemption requested.

(2) The application shall be lodged with the Regional Directorate of Police, responsible for the place of residence of the natural person or for the seat of the legal person ("the competent police department ').

(3) The holder of a group A armaments licence who is still resident in another Member State of the European Union, another Contracting State of the Agreement on the European Economic Area or the Swiss Confederation (hereinafter referred to as "the Member State") shall also be required to submit the prior consent of that Member State to grant an exemption pursuant to paragraph 1 or to declare that prior consent is not necessary, to translate into the language of the Czech interpreter included in the list of experts and interpreters.

§ 11

(1) The exemption granted under Paragraph 9 (2) shall expire if:

(a) the period for which it was granted has expired; or

(b) he to whom the exemption has been granted has ceased to hold a group A firearms licence or a group A, F, G, H, I or J weapon licence.

(2) The exemption will be withdrawn if the reason for which it was granted has elapsed.

(3) In the event of the expiry of the exemption referred to in paragraph 1 or of its withdrawal pursuant to paragraph 2, the owner of a category A weapon shall surrender the weapon to the appropriate police department within 10 working days of the expiry of the exemption or of the date on which the decision on its withdrawal becomes final and comply with this law (§ 64).

§ 12

(1) A category B weapon may be owned and held or worn only by authorisation, unless otherwise provided for in this law.

(2) Category B ammunition may be owned, held and carried only by the holder of the arms licence or licence within the scope of the authorisations set out for each group.

(3) The authorisation referred to in paragraph 1 shall be sought by the holder of the arms licence or the arms licence on a prescribed form, the model of which shall be laid down in the implementing legislation. The content of the application shall be:

(a) personal data or data identifying a legal person;

(b) details of the weapon concerned by the authorisation; the mark of the gun manufacturer, the model (s), the calibre and the production number of the weapon only if known to the applicant;

(d) the reason for the request.

(4) The holder of an arms licence who has his place of residence in another Member State shall also be required to submit the prior consent of that Member State to grant the authorisation referred to in paragraph 1 or his declaration that prior consent is not necessary, to translate into the language of the Czech language, drawn up by the interpreter on the list of experts and interpreters.

(5) The competent police department shall authorise the possession or holding of a category B weapon if the applicant has a proper reason for doing so. A proper reason shall be deemed to be:

(a) the operation of museums or collectors' activities;

(b) carrying out sports, hunting, cultural or other interest activities or preparing for a profession;

(d) security of assets and persons;

(e) the provision of tasks under special legislation10); or

(f) protection of life, health or property.

(6) The competent police department shall issue a category B weapon authorisation, if the applicant indicates the reason referred to in paragraph 5 (b), (c), (d), (e) or (f).

(7) At the applicant's request, the authorisation referred to in paragraphs 5 and 6 shall be granted by a single decision. Such authorisations may also be issued at the same time as the decision to issue an arms licence or licence.

(8) The authorisation to carry a category B weapon shall be recorded in the weapons licence.

§ 13

(1) The validity of an authorisation issued pursuant to Paragraph 12 shall cease if the person to whom the authorisation has been granted has ceased to hold an arms licence or a licence. The authorisation to acquire ownership of a category B weapon shall continue to expire if it is not used within 12 months of its issue.

(2) An authorisation issued pursuant to Paragraph 12 shall be withdrawn by the competent police department if the proper reason for which it was issued has passed; This does not apply if the authorisation has been issued under Paragraph 12 (5) (f).

(3) In the event of the expiry of the authorisation referred to in the first sentence of paragraph 1 or its withdrawal pursuant to paragraph 2, the owner of a category B weapon shall surrender the weapon to the competent police department within 10 working days of the expiry of the authorisation or of the date on which the decision on its withdrawal becomes final and shall comply with this law (§ 64).

§ 14

Category weapon A C or ammunition in that weapon may be acquired and held only by the holder of the arms licence of the relevant group or the arms licence of the relevant group which is obliged to report the ownership of that weapon to the appropriate police department. This weapon can only be worn by the holder of an arms licence to the extent of the authorisations provided for each group of firearms licences after registration (§ 41).

§ 15

(1) Weapon category D or ammunition in this weapon may be owned and held or worn by a natural person over 18 years of age eligible for legal action. Category weapon D or ammunition in this weapon may be owned and held by a legal person.

(2) The weapon referred to in § 7 (a) or (b) may only be fired at the shooting range, with the exception of theatrical performances, the reconstruction of historical battles and other cultural events in which firearms are not fired; This weapon must be marked with a valid test mark in accordance with the special legislation (3).

(3) The shooting from a weapon referred to in § 7 (c) to (g) or from a weapon referred to in § 7 (k) is prohibited in a place where the life or health of a person could be endangered or damage to property.

(4) Category of weapon holder D is obliged to secure the weapon and ammunition into it against misuse, loss or theft.

(5) The holder of a category D weapon may not:

(a) carry a weapon visibly in public or in a place accessible to the public;

(b) carry a weapon or carry it in public or in a place accessible to the public in any way, where its ability to do so is reduced by the use of alcoholic beverages, addictive substances (11), medicines or as a result of illness;

(c) to retain more than 3 kilograms and more than 1 000 matches of free or black hunting powder; matches must be stored separately in a separate box.

HLAVA IV

§ 16

Weapons licences and their groups

(1) An arms licence is a public instrument which authorises a natural person to acquire ownership and possession of arms or ammunition in such weapons within the scope of the authorisations set out for each arms licence group and to carry them or to conduct pyrotechnic surveys in accordance with the authorisation provided for in Group F of the arms licence. The period of validity of the weapons licence shall be 5 years. The armaments licence may be issued according to a medical opinion with a period of validity of less than 5 years.

(2) The weapon licence shall be distinguished by the purpose of the use of the weapon or ammunition and by the scope of the authorisation to groups:

(a) A - for collector's purposes,

(b) B - for sports purposes,

(d) D - for employment or occupation,

(e) E - to protect life, health or property; or

(f) F - to carry out a pyrotechnic survey.

Issue of a weapons licence

§ 17

(1) The armoury card is issued by the competent police department upon request by a natural person on a prescribed form, the model of which is laid down in the implementing legislation. The content of an application for an arms licence shall be:

(a) personal data; and

(b) an indication requested by the arms licence group.

(2) The applicant is obliged to add to the application for an armaments licence:

(a) medical fitness assessment to hold or carry a weapon and ammunition or to carry out a pyrotechnic inspection in the case of the issue of an F-category weapons licence (hereinafter referred to as "medical fitness");

(b) evidence of professional competence to hold or carry a weapon and ammunition or to carry out pyrotechnic research in the case of the issue of a group F weapons licence (hereinafter referred to as "competence"); and

(c) 2 photographs of a size of 35 x 45 mm, corresponding to the applicant's present form, showing the applicant in front view with a height of the facial part of the head from the eyes to the chin of at least 13 mm, in civil clothing, without glasses with dark glasses and without headgear, unless its use is justified by reasons of religion or health; in such a case, the headgear shall not cover the facial part in a way which prevents the applicant from being identified and complies with the technical requirements laid down in the implementing legislation (hereinafter referred to as "photographs').

(3) If there is an application for the issue of Group C weapons licence, the applicant shall also submit a valid hunting ticket.

(4) If the applicant for the issue of an arms licence has been continuously absent for more than 6 months from the territory of the Czech Republic in the last 10 years prior to the application, he shall also be required to submit a document similar to the copy from the record of the Register of Penalties from the State in which he was present with a translation into the Czech language by the interpreter on the list of experts and interpreters; If it cannot produce such a document because it is not issued to it by that State, it shall submit a declaration of honour stating that it has not been recognised abroad as guilty of an offence for which it cannot be considered to be fair (§ 22) or as guilty of an offence for which it cannot be regarded as reliable (§ 23).

(5) An applicant for the issue of an arms licence who still has a place of residence in another Member State is also required to submit the prior consent of that Member State to issue an arms licence or to declare that prior consent is not necessary, to be translated into the Czech language by an interpreter registered in the list of experts and interpreters.

(6) The opinion referred to in paragraph 2 (a) must not be more than 3 months old, the document referred to in paragraph 2 (b) must not be more than 1 year old and the document referred to in paragraphs 4 and 5 must not be more than 6 months old on the date of the application.

(7) The competent police department shall suspend the procedure for issuing an arms licence in the event that a criminal prosecution has been initiated against an applicant for this document for the offence referred to in Section 22.

§ 18

(1) The competent police department shall issue an arms licence to a natural person who fulfils the following conditions:

(a) has a place of residence in the Czech Republic;

(b) has reached the prescribed age (§ 19);

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Regulation Information

Citation	Full text of Act No. 48 / 2009 Coll., Act No. 119 / 2002 Coll., on firearms and ammunition and amending Act No. 156 / 2000 Coll., on verification of firearms, ammunition and pyrotechnic articles and amending Act No. 288 / 1995 Coll., on firearms and ammunition (Firearms and ammunition Act), as amended by Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on administrative charges, as amended, and Act No. 455 / 1991 Coll., on business (Trade Act), as amended, as amended
Regulation Type	Declared full text
Author	-
Collection	Code of Laws

Date of Promulgation	18.02.2009
Effective from	-
Effective until	-
Status	Valid

Legal Areas: Security Taxes Finance Civil law Civil law substantive Labour law Self-administration Administrative offences Administrative law Administrative procedure Science and research General internal administration Eligibility for the pursuit of certain professions (activities)

The regulation text is for informational purposes only.