Act No. 484 / 2008 Coll.
Act amending Act No. 119 / 2002 Coll., on firearms and ammunition and amending 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 (Firearms Act), as amended by Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on Administrative Charges, as amended, and Act No. 200 / 1990 Coll., as amended
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Effective from 01.02.2009
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484
THE LAW
of 12 December 2008
amending 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 charges, as amended, and Act No. 200 / 1990 Coll., on Transfers, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Arms Act
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 (Act No. 124 / 2008 Coll.), as amended by Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on administrative fees, as amended by Act No. 170 / 2007 Coll., and Act No. 455 / 1991 Coll., Act No. 228 / 2003 Coll., Act No. 537 / 2004 Coll., Act No. 359 / 2005 Coll.
1. in Paragraph 1 (2), including footnotes 1, 1a, 1b, 2, 3 and 3a:
"(2) The law shall not apply unless otherwise specified below:
(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.
1) Act No. 219 / 1999 Coll., on the Armed Forces of the Czech Republic, as amended.
1a) Act No. 361 / 2003 Coll., on the service ratio of members of the Security Corps, as amended.
1b) Act No. 289 / 2005 Coll., on Military Intelligence, as amended by Act No. 274 / 2008 Coll.
2) For example Act No. 310 / 1999 Coll., on the residence of armed forces of other states in the Czech Republic.
3) Act No. 156 / 2000 Coll., on the verification of firearms, ammunition and pyrotechnic articles and amending Act No. 288 / 1995 Coll., on firearms and ammunition (Firearms Act), as amended by Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on administrative fees, as amended, as amended.
(3a) Paragraph 21 (1) of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended. '
2. In Section 1, paragraphs 3 and 4 are added, including footnote 3b:
"(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 international agreements which form part of the legal order, have access to arms, ammunition or ammunition which are in their possession and do not apply this law, to any other party, which is entitled to arms, ammunition or munitions to be held under this law, shall apply to this case from the moment of taking over.
(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.
3b) For example, Act No. 219 / 1999 Coll., as amended, Act No. 20 / 1987 Coll., on State Heritage Care, as amended, Act No. 122 / 2000 Coll., on the Protection of Collections of Museums and on the Amendment of Certain Other Laws, as amended. "
3. in Article 2 (2) (f):
"(f) by a pyrotechnic inspection of the targeted search for and identification of ammunition, ammunition or explosives by a specified procedure or, where appropriate, their pick-up.";
4. in Paragraph 4 (a) (1):
'1. military, including firing sets, with the exception of rifles, pistols and revolvers, certified for civil use, if they are subject to verification under a specific legislation; ';
5. In Article 4 (b) (4), the word "military 'is deleted.
6. in Article 5 (h), "19" is replaced by "16."
7. In Article 6 (d), the words "or repetitive 'shall be inserted after the words" double shots'.
8. In Article 7, at the end of point (i), the word "a 'is deleted and the following point (j) is inserted after point (i):
"(j) inactive ammunition and ammunition and."
Point (j) shall be renumbered as point (k).
9. In Section 9 (2) of the Introductory Part of the Provisions, Section 10 (1) of the Introductory Part of the Provisions, Section 10 (3) and Section 11 (1) (b), the words "Group A 'are inserted after the word" Card'.
10. in § 9 (2) of the introductory part of the provision, § 10 (1) of the introductory part of the provision and in § 11 (1) (b), the words "groups A, F, G, H, I or J" shall be inserted after the word "licences";
11. in § 9 (3), § 73 (1), § 74 (3) (d) and § 74 (4) (b), the words "which the Czech Republic is bound by and which have been declared in the Collection of International Contracts" shall be replaced by the words "which forms part of the legal order."
12. in Article 9, paragraph 4 is deleted;
13. in Article 11 (1) (b):
"(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 arms licence."
14. In Article 11 (3), the words "surrender this weapon to the appropriate police department within 10 working days of the expiry of the derogation or of the decision on withdrawal of it 'shall be inserted after the words" obliged'.
15. in Article 12 (3), the words "; the mark of the gun manufacturer, the model (s), the calibre and the serial number of the weapon shall be added at the end of the text of point (b) only if the applicants are known."
16. in Paragraph 13 (1):
"(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 an arms 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. ';
17. Paragraph 13 (3) reads:
"(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 from the date on which the decision on withdrawal of the authorisation is taken and shall comply with this law (§ 64). '
18. In Article 15 (2), the words "where missiles are not fired from weapons' shall be inserted after the words" actions'.
19. in Article 15 (3), the words "(j)" shall be replaced by the words "(k)" and the words "when the weapon is not used to protect life, health or property" shall be deleted;
20. in Article 15 (5) (a), the words "in places where the public has free access" shall be replaced by the words "in public or in a place accessible to the public."
21. in Article 15 (5) (b) and Article 29 (3) (b), the words "in public or in a place accessible to the public" shall be inserted after the words "with it."
22. In Paragraph 17 (2), at the end of point (b), comma is replaced by "a ', at the end of point (c), the word" a' is replaced by a dot and point (d) is deleted.
23. In Paragraph 17, the following paragraph 3 is inserted after paragraph 2:
"(3) If there is an application for the issue of a C-category weapons licence, the applicant shall also submit a valid hunting ticket. ';
Paragraphs 3 to 6 shall be renumbered paragraphs 4 to 7.
24. in Article 17 (6), "paragraphs 3 and 4" shall be replaced by "paragraphs 4 and 5."
25. in Article 18 (1) (e), the words "and 21a" shall be inserted after the words "Article 21."
26. in Paragraph 18 (3), including footnotes 11a, 11b and 11c:
"(3) The competent police department may issue a decision by which it does not comply with an application for an arms licence if it is an applicant for an alien (6) which is not:
(a) a citizen of a Member State;
(b) a citizen of a Member State of the North Atlantic Treaty Organisation;
(c) a family member of a person referred to in (a) 11a who has been granted a temporary or permanent residence permit in the Czech Republic;
(d) an alien who has been granted permanent residence in the territory of the Czech Republic and has been granted a long-term resident status in the European Community in the territory of the Czech republity11b), or an alien who has been granted such status in the territory of another Member State of the European Union and has been granted a long-term residence permit in the territory of the Czech republic11c),
(e) a family member of the person referred to in (d) who has been granted a long-term residence permit in the Czech Republic; or
(f) the person who has been granted asylum in the Czech Republic,
even if they fulfil all the conditions set out in paragraph 1. That decision shall not be appealed against.
11a) § 15a of Act No. 326 / 1999 Coll., as amended.
11b) § 83 to 85 of Act No. 326 / 1999 Coll., as amended by Act No. 161 / 2006 Coll.
11c) § 42c of Act No. 326 / 1999 Coll., as amended by Act No. 161 / 2006 Coll. '
footnote 11a shall be renumbered footnote 11d, including the footnote reference.
27. In Paragraph 19, the following paragraph 5 is inserted after paragraph 4:
"(5) Group armaments licence D may be issued to a secondary school or secondary vocational training centre over 18 years of age if the curriculum of the school or training centre includes the teaching of the gun industry or ammunition. ';
Paragraph 5 shall become paragraph 6.
28. Paragraph 19 (6) reads as follows:
"(6) In the cases referred to in paragraphs 3 and 4, the written consent of the legal representative and the recommendations of the relevant civil association, school or school shall be required. A person under the age of 18 may acquire ownership of a weapon or ammunition for sporting or hunting purposes, with the exception of purchase, and hold it only with the consent of the legal representative; This weapon or ammunition may be used only in the presence of a person over 21 who holds a category B or C firearms licence for at least 3 years and who ensures safe handling of the weapon or ammunition. ';
29. Sections 22 and 23, including the headings and footnotes No 11e, 11f, 12, 13 and 13a, read:
The integrity of the natural person
(1) No one is considered to be righteous under this law who has been declared guilty by a criminal offence
(a) treason, disintegration of the Republic, terror, terrorist attack, corruption, sabotage, espionage, war treason, participation in a criminal organisation, general threat, threat to the safety of the air vehicle and civilian vessels, introduction of air vehicles into a foreign country, murder or genocide for which an exceptional or custodial sentence has been imposed for more than 12 years, or juvenile criminal measures in prison for an unconditional period of 5 to 10 years;
(b) referred to in point (a), for which a prison sentence has been imposed for 5 to 12 years, or an intentional offence against life and health, freedom and human dignity, or any other intentional offence committed with a weapon for which a custodial sentence of more than 5 years has been imposed and no more than 20 years have elapsed since the end of the sentence;
(c) as referred to in (a) or (b) or by any other intentional criminal offence, if, from the legal authority of the judgment or from the end of the sentence of imprisonment where that penalty has been imposed,
1. Not less than 10 years have elapsed if a custodial sentence of more than 2 years has been imposed,
2. at least 5 years have not elapsed if a prison sentence not exceeding 2 years or other than a prison sentence has been imposed; or
(3) at least three years have not elapsed if the sentence has been waived, suspended with supervision, waived the imposition of a criminal measure on a minor, or suspended from the imposition of a criminal measure on a minor, or, although guilty, has not been imposed in criminal proceedings in which criminal proceedings have been continued at the request of the defendant or defendant (11), or no criminal measure has been imposed after the detention of a juvenile under special legislation (11f); or
(d) committed negligently for infringement of obligations relating to the possession, carrying or use of a weapon or ammunition, unless at least 3 years have elapsed since the legal authority of the judgment.
(2) It shall also not be considered to be fair under this law who has been lawfully recognised abroad by a guilty party whose characteristics correspond to those of one of the offences referred to in paragraph 1. The period for which a person is not considered to be righteous shall be similar to paragraph 1.
(3) In the case of an application for the issue of an F-category gun licence or a K-category weapon licence, those who have been found to be guilty of a violation of the Code on Foreign Trade in Military Material, an attack on a State authority, an attack on a public official, an illegal armed activity, the development, manufacture and possession of prohibited means of combat, the illicit manufacture and possession of radioactive material and a highly dangerous substance, the use of a prohibited weapon of war, race and belief, incitement to hatred against a group of persons, or the restriction of their rights and freedoms, torture and other inhuman and cruel treatment, support and promotion of movements aimed at the suppression of rights and freedoms of man, the use of a prohibited means of combat, war cruelty, persecution or other criminal acts of the population, or other criminal offence of arms.
(4) In order to assess the integrity of the natural person, the competent police department will request a copy of the Register of Crimes (12). A request for a copy from the Register of Penalties and a copy from the Register of Penalties shall be sent in electronic form in a way that allows remote access. When assessing the integrity of a natural person, no account shall be taken of the destruction of a conviction under a special legislature13) or of other cases in which there is an effect of looking at the perpetrator as if he were not convicted 13a).
Reliability of the natural person
(1) It is not considered reliable under this law that:
(a) whose criminal prosecution for an intentional offence has been definitively suspended or a final decision has been taken to suspend the application for punishment, and the trial period or period within which it is to be decided whether it has been certified has not yet expired;
(b) who has been shown to be overdrinking alcoholic beverages or to be shown to be using addictive substances (11); or
(c) who, for internal order and security, poses a serious threat to his actions, for which he has been declared guilty of committing more than one offence in the last three years
1. on the arms and ammunition section;
2. on the explosives section,
3. on the section for protection against alcoholism and other toxic substances,
4. on the defence section of the Czech Republic,
5. against public order,
6. against civil coexistence,
7. against property; or
8. On the part of agriculture, hunting, and fishing by deliberately interfering in the exercise of hunting rights or in the exercise of fishing rights, or intentionally hunting or catching fish at the time of defence.
(2) In the case of an application for the issue of an F-group weapons licence or a K-group weapons licence, it is not considered to be reliable under this law either who has been found guilty of an offence in the last five years in the arms and ammunition section or in the explosives section.
(3) The competent police department shall be entitled to request information from the municipal authority and the State Mining Authority to assess the reliability of the natural person referred to in paragraph 1 (c). The municipal authority and the State Mining Authority shall comply with the application without undue delay.
11e) § 11 (3), § 172 (4) and § 227 of the Code of Criminal Procedure.
11f) Paragraph 70 (5) and (6) of Act No. 218 / 2003 Coll., on the responsibility of young people for unlawful acts and on the judiciary in youth matters and on the amendment of certain laws (Law on the judiciary in youth matters).
12) Paragraph 10 (2) of Act No. 269 / 1994 Coll., on the Register of Penalties, as amended by Act No. 126 / 2003 Coll.
13) Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended.
13a) For example Act No. 218 / 2003 Coll., as amended. '
30. in Article 24 (1), the words "and (d) and (4)" shall be replaced by the words "and (5)," and the second sentence and footnote 14, including the footnotes, shall be deleted;
31. in Article 24 (3), the words "and not earlier than 6 months" shall be inserted after the words "months."
32. Paragraph 26, including the title, reads:
Termination of the validity of the arms licence
(1) The validity of the firearms licence shall cease if:
(a) its period of validity expires;
(b) its loss or theft is reported;
(c) the decision on the withdrawal of the firearms licence has become final (§ 27); or
(d) its holder has died or has been declared dead.
(2) The expiry of the firearms licence is decided by the competent police department if:
(a) it is damaged in such a way that the entries therein are illegible or are impaired;
(b) contain any undue changes;
(c) contains incorrect information; or
(d) the holder has ceased his stay in the Czech Republic.
If the holder of an arms licence recognises the grounds for termination, only the entry into the Protocol shall be made; this entry shall cease to be valid.
(3 If the gun licence is issued as a replacement for the gun licence lost or stolen, it shall be indicated as a duplicate. '
33.In Paragraph 27 (1) (d), "3, 4 or 5" is replaced by "3, 4 or 6."
34. in Paragraph 28 (2) (b), the words "medium-lit sports or hunting bullets" are replaced by the words "bullets."
35. in Article 28 (2) (c), the words "hold or wear" shall be inserted after the word "own," and at the end of the text of the letter the words "; the ammunition and the individual parts of the bullets shall not wear visibly."
36. in Paragraph 28 (3) (a), the words "to this weapon is entitled to hold or carry ammunition" shall be inserted after the word "licence."
37. in Article 28 (3) (b):
"(b) carry a maximum of 2 weapons referred to in (a) and ammunition in those weapons in public or in a place accessible to the public; the weapon and ammunition in that weapon shall not be visibly worn.";
38. in Paragraph 28 (3), the final part of the provision reads: "An officer of the municipal police is entitled to carry a weapon visibly in the performance of the tasks of the municipal police. An employee of the Czech National Bank providing physical protection of the premises of this bank can carry a gun visibly only in connection with the performance of his duties."
39. in Paragraph 28 (4) (a), the words "a weapon of category A to which a derogation has been granted," shall be deleted;
40. In Paragraph 28 (4) (b), the words' shall be inserted after the words' a weapon card '; this ammunition shall also be entitled to be held or worn'.
41.In Paragraph 28 (4) (c):
"(c) carry a maximum of 2 weapons and ammunition to those weapons; arms and ammunition shall not be visibly worn. ';
42. In Paragraph 28, the sentence "A judicial expert holding a gun licence is hereby added at the end of paragraph 5 and is entitled to hold a gun and ammunition and shoot a gun at the shooting range in order to draw up an expert opinion."
43. In Paragraph 29 (1) (b), the words "to this weapon" shall be deleted.
44. in Article 29 (1) at the end of the text of point (e) and in Article 39 (1) at the end of the text of point (h), the words "in cases of special consideration, a place of inspection may be agreed."
45. in Paragraph 29 (1) (i), "§ 26 (a), (c) or (g)" is replaced by "§ 26 (1) (a) or (c) or under § 26 (2)";
46. in Paragraph 29 (1) (j):
"(j) report within 10 working days to the competent police department a change in the caliber, repair or modification of the weapon resulting in a change in the category of weapon; in the case of an arrangement resulting in the creation of a category B weapon, such modification may be made only on the basis of an authorisation granted for the acquisition of a category B weapon and in the event that the modification results in the creation of a category A weapon, it may be made only on the basis of an exemption for the acquisition of a category A weapon. ';
47. in Paragraph 29 (1) (k), the words "or any manipulation thereof in public or in a place accessible to the public" shall be inserted after the word "weapons."
48. in Paragraph 29 (1) (l):
"(l) report without delay to the police department the use of the weapon due to extreme emergency or necessary defence; and"
49. In Article 29 (3), at the end of point (b), the word "or 'shall be deleted; at the end of point (c), the dot shall be replaced by" or' and the following point (d) shall be added:
"(d) fire from a weapon not marked with a test mark (3) or use ammunition which does not correspond to the authorised manufacturing process.";
50. In Paragraph 29 (4), "1 kilogram 'is replaced by" 3 kilograms';
51. In Paragraph 29 (6), the first sentence is replaced by the following: "The holder of a group C firearms licence shall be obliged to carry the weapon held to the place where he is authorised to carry it only in a state excluding its immediate use; when using a public transport means of public transport during such transport, he shall be obliged to carry the weapon in a closed container. ';
52. in Article 30 (2) (d), the words "groups A, B, C, D or E" shall be inserted after the words "licences."
53. In Paragraph 30, the sentence "The date of the examination shall be notified by the Ministry within 3 months of registration of the first applicant. 'is added at the end of paragraph 3.
54. in Paragraph 30 (8), the word "a" shall be replaced by "a" at the end of point (a);
55. In Paragraph 30, the following paragraph 9 is inserted after paragraph 8:
"(9) If the applicant has not been appointed as Examination Commissioner due to failure to fulfil the conditions for appointment referred to in paragraph 2 (c), he may again apply for such appointment not earlier than six months after the date on which the decision to grant his application for appointment as Examination Commissioner became final. ';
Paragraphs 9 to 12 shall be renumbered paragraphs 10 to 13.
56. In Paragraph 30, the following paragraph 11 is inserted after paragraph 10:
"(11) The Examination Commissioner, which has been withdrawn pursuant to paragraph 10 (b), may request the appointment of the Examination Commissioner not earlier than three years after the date on which the decision on appeal became final. ';
Paragraphs 11 to 13 shall be renumbered paragraphs 12 to 14.
57. After Paragraph 30, the following Section 30a is inserted:
Expiration of the probationary commissioner's licence
(1) The probationary officer's licence shall cease to be valid if:
(a) its period of validity expires;
(b) its loss or theft is reported;
(c) the decision on the withdrawal of the arms licence has become final (§ 27);
(d) the decision on the appeal of the examiner has become final (Paragraph 30 (10)); or
(e) its holder has died or has been declared dead.
(2) The expiry of the licence shall be decided by the Ministry if:
(a) it is damaged in such a way that the entries therein are illegible or are impaired;
(b) contain any changes made unduly; or
(c) contains incorrect information.
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Regulation Information
| Citation | Act No. 484 / 2008 Coll., amending 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, Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on administrative charges, as amended, and Act No. 200 / 1990 Coll., as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.2008 |
|---|---|
| Effective from | 01.02.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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