Sample application for the sale of weapons. Licensing department of the Ministry of Internal Affairs: rules for the alienation of weapons and ammunition XII. Carrying and using weapons
Today, hunting, sporting or weapons stores, and shooting ranges engaged in the arms trade are becoming increasingly common. And not in vain, because the arms business in Russia is gaining momentum every year. There are more and more private security companies, hunting enthusiasts, and those simply wanting to purchase weapons for self-defense.
But in order to open a weapons store and participate in the circulation of weapons in the Russian Federation on a legal basis, you need a license to trade in civilian and service weapons and main parts firearms from the Ministry of Internal Affairs of the Russian Federation. It doesn’t matter what type of civilian or service weapon you are going to trade in: sale of electric shock devices, signal devices, gas, firearms or air guns, even the sale of bladed weapons is subject to mandatory licensing.
Moreover, the requirements for the applicant are quite stringent and there are many of them. Firstly, only legal entities have the right to engage in the trade of civilian and service weapons. Thus, if you are an individual entrepreneur, the first step to obtain this license will be to create a legal entity. At the same time the law does not install requirements to organizational and legal form of a legal entity, its authorized capital or founders. Secondly, in order to carry out trade in civilian and service weapons and main parts of firearms, it is necessary:
retail premises and equipment that meet the requirements established by law for the reception, accounting, storage and pre-sale preparation of weapons and accounting documentation;
a security system for retail premises that completely excludes access to weapons and records by unauthorized persons;
technical means, control and measuring equipment necessary to check the serviceability of the weapons sold and providing timely inspection of equipment and verification of instrumentation;
employees responsible for the safety, accounting and storage of weapons, as well as performing functions related to the sale, pre-sale preparation, transfer and transportation weapons (it is important to remember that they cannot be persons who have an unexpunged or unexpunged criminal record for a crime committed intentionally, or having a court prohibition from holding positions related to arms trafficking);
a complete range of weapons that you are going to sell (here you need to remember the requirements established Federal law“About weapons”, where you can find a list of weapons and accessories to it, the circulation of which as civilian and service weapons or accessories to them is not allowed on the territory of Russia);
certificates of conformity or declarations of conformity of all models of sold civilian and service weapons and main parts of firearms;
permission to store weapons specified in the nomenclature.
When selling cartridges for civilian or service weapons, these requirements also apply to information about the cartridges, regardless of whether they are sold separately or as a set with a weapon.
Within 45 working days, the Ministry of Internal Affairs of the Russian Federation makes a decision about providing license or refusal to issue a license. At the same time, it is NOT necessary to obtain a license to store civilian and service weapons and main parts of firearms to carry out trade! In this case, trade already implies storage and separately not licensed. It is necessary to obtain a license to store civilian and service weapons only when storing in the interests of other persons. In this case, for a weapons depot, a license must also be obtained from the Russian Ministry of Internal Affairs.
In order to avoid mistakes in interpreting the provisions of the law, we recommend contacting experienced specialists. United Lawyers have been providing legal services in the field of licensing for more than 28 years, have great experience in interaction with the Ministry of Internal Affairs of the Russian Federation and a large staff of qualified lawyers ready to help in preparing all necessary documents.
Asafieva Polina,
lawyer, licensing specialist
United Lawyers group.
Hello.
You need to familiarize yourself with:
- Federal Law of 04.05.2011 N 99-FZ"About licensing individual species activities"
- Decree of the Government of the Russian Federation of August 28, 2012 N 865“On licensing the development, production, testing, storage, repair and disposal of civilian and service weapons and main parts of firearms, trade in civilian and service weapon and main parts of firearms" (together with the "Regulations on licensing the development, production, testing, storage, repair and disposal of civilian and service weapons and main parts of firearms, trade in civilian and service weapons and main parts of firearms")
- Decree of the Government of the Russian Federation of September 14, 2012 N 925“On licensing the development, production, testing, storage, sale and disposal of ammunition (including cartridges for civilian and service weapons and components cartridges), pyrotechnic products of classes IV and V in accordance with the national standard, the use of pyrotechnic products of classes IV and V in accordance with technical regulations" (together with the "Regulations on licensing the development, production, testing, storage, sale and disposal of ammunition (including number of cartridges for civilian and service weapons and components of cartridges), pyrotechnic products of classes IV and V in accordance with the national standard, the use of pyrotechnic products of classes IV and V in accordance with technical regulations")
In short, you need two licenses (for the arms trade and for the ammunition trade), for which you must apply to the Ministry of Internal Affairs.
To obtain a license to trade in weapons, the following documents are required:
8. To obtain a license, the license applicant submits (sends) to the appropriate licensing authority an application and documents (copies of documents) specified in Part 1 and paragraphs 1 and 4 of Part 3 of Article 13 of the Federal Law “On Licensing of Certain Types of Activities”, as well as:
a) the range of weapons in respect of which the declared work (services) will be carried out;
b) copies of documents confirming that the applicant has a license on property rights or otherwise legally premises, buildings, structures and other objects necessary to perform the declared work (services), constituting a licensed type of activity and meeting established requirements, the rights to which are not registered in the Unified State Register of Rights to Real Estate and Transactions with It (if such rights registered in the specified register - information about these premises, buildings, structures and other objects);
c) copies of documents confirming that the license applicant has, on the right of ownership or on another legal basis, technical means, equipment, technical documentation, technological and testing equipment, stands, tools, control and measuring equipment necessary for the implementation of the declared works (services) that constitute licensed type of activity and ensuring the safety of weapons production, timely inspection of equipment and verification of control and measuring equipment (except for the work (services) specified in paragraph 4 of the list);
d) copies of documents confirming the compliance of persons carrying out the declared work (services) with the requirements specified in subparagraph “b” of paragraph 4, subparagraph “b” of paragraph 5 and subparagraph “b” of paragraph 6 of these Regulations;
d) availability information structural divisions ensuring control over production, appropriate quality of products, their safety in accordance with the requirements of subparagraph “c” of paragraph 4 of these Regulations;
f) documents confirming the existence of a system for recording, storing and preserving documentation, materials, components, samples of weapons and main parts of firearms, excluding access to places where weapons are stored by unauthorized persons, as well as a system for ensuring technical strength and organizing production security; g) information about the presence of employees responsible for the safety, accounting and storage of weapons, as well as those performing functions related to the sale, pre-sale preparation, transfer and transportation of weapons (when performing the declared work (services) specified in paragraph 7 of the list).
To obtain a license to trade ammunition, the following documents are required:
5. To obtain a license, the license applicant sends or submits to the licensing authority an application and documents (copies of documents) specified in Part 1 and paragraphs 1 and 4 of Part 3 of Article 13 of the Federal Law “On Licensing of Certain Types of Activities”, as well as:
e) in relation to the performance of work (services) for the sale (trade) of cartridges for civilian and service weapons and components of cartridges:
copies of documents confirming the presence of buildings, structures, premises and other objects owned by ownership or on another legal basis, necessary for the performance of the declared work (services), constituting the licensed type of activity and meeting the established requirements, the rights to which are not registered in the Unified State Register rights to real estate and transactions with it (if such rights are registered in the specified register - information about these buildings, structures, premises and other objects);
information about the presence of specialists on staff responsible for the safety, accounting and storage of cartridges, as well as performing functions related to the sale, pre-sale preparation, transfer and transportation of cartridges;
But in general, I think it would be better to contact the Ministry of Internal Affairs for details. Most requirements are fixed regulations Ministry of Internal Affairs, and in any case, with this type of activity you will have to communicate with them a lot.
Financial condition, collecting interest, or the lack of a required model on the primary weapons market may force you to turn your attention to the secondary market. Buying a weapon “second hand” on the secondary market, used or in mint condition, always means a unique flavor, visual contact and minimal distances (in every sense of the word) between the seller and the buyer. There are really many advantages to this purchasing option - it’s an opportunity to personally evaluate and check the weapon, hear the owner’s opinion, and it’s also economical (compared to the prices of new weapons), in the end.
The purchasing process itself seems to be simple - there is demand, there is supply. Two gun owners meet, the product being sold is assessed and tested; If everyone is happy with everything, an exchange is made Money for weapons. And everyone seemed happy. One gun owner, now a former one, received the money. The second one, now the current one, received weapons. It would seem that this is where it all ends. But no. Everything needs to be legalized.
This is also done quite simply, quickly and without unnecessary red tape (if you have the necessary documents). The Buyer and the Seller must contact the LRO branch where the weapon was registered, permission to store and carry it was issued - and write an application in the Seller’s hand for re-registration of the weapon in connection with the sale. Everything is extremely simple - in the LRO branches there are quite competent people who will immediately understand the essence of the issue and provide the necessary application forms to the Seller to fill out, accept them and begin to process them. The main thing is to have, in addition to the self-evident identification cards, a weapons permit (for the Seller) and a license to purchase (for the Buyer) weapons.
No other documents are required. In this case, there may also be no purchase and sale agreement - since, according to the law, it can be concluded in orally. However, we still recommend concluding a weapons purchase and sale agreement.
After filling out and processing the necessary documentation (the process may take a little longer - depending on the workload of the LRO department, filling out and processing the necessary application forms can last up to a week), the object of sale is entered into the Buyer’s license, filling out the necessary control counterfoils. In this case, the Seller’s permission for the object of sale is confiscated, after which the Buyer actually becomes the owner of the weapon.
After this, the Buyer is obliged to appear within two weeks with the purchased weapon and license at his LRO branch (where he was issued the license) to obtain a weapons permit. After registration of the latter, he becomes the full owner of the weapon.
The above manipulations are described for smoothbore weapons. In the case of weapons with rifled barrel, everything is somewhat more complicated. A mandatory shooting operation is added to the above procedures rifled weapons(before the re-registration operation) with receiving directions for shooting. Otherwise, everything is the same, simple and accessible.
As you can see, the operation of buying a weapon “from hand” is simple and intuitive. At the same time, purchases through consignment departments are not necessary, there is no need for a serious baggage of documents and the difficulties of selling. Thus, becoming a gun owner is extremely simple - if only you had money and desire, and a correct offer for sale that would suit you.
In accordance with the Federal Law "On Licensing of Certain Types of Activities" the Government Russian Federation decides:
Approve the attached:
On licensing of trade in weapons and main parts of firearms;
On licensing the trade in ammunition for weapons.
Position
on licensing of trade in weapons and main parts of firearms
1. These Regulations determine the procedure for licensing trade in civilian and service weapons and main parts of firearms (hereinafter referred to as weapons), carried out by legal entities.
2. In these Regulations, arms trade is understood as a type entrepreneurial activity related to wholesale and/or retail trade weapons.
3. Licensing of the arms trade is carried out by the Ministry of Internal Affairs of the Russian Federation (hereinafter referred to as the licensing authority).
5. Licensing requirements and conditions for arms trade are:
a) the licensee has, on the right of ownership or on another legal basis, premises and equipment necessary to carry out the licensed activity, meeting the established requirements for the reception, accounting, storage and pre-sale preparation of weapons, ensuring safety conditions accounting documentation, excluding access to weapons and (or) registration documentation by unauthorized persons;
b) the presence on the licensee’s staff of employees responsible for the safety, accounting, evaluation and storage of weapons, as well as performing functions related to the sale, pre-sale preparation, transfer, transportation of weapons and the performance of permitted types of work (provision of services) with weapons;
c) compliance by the licensee with the requirements established by the legislation of the Russian Federation regulating the circulation of weapons.
a) failure to comply with the provisions established by paragraphs 1, 3, 4 and 7 of Article 6, part one of Article 7, parts two and three of Article 17, parts two to four of Article 18, parts one and three of Article 22 of the Federal Law “On Weapons”;
b) storage of weapons in places not specified in the permit for the storage of weapons issued by the internal affairs bodies, sale of weapons to state paramilitary organizations using documents of an unspecified type, carrying out trade in weapons in places not specified in the license, wholesale trade weapons to individuals, carrying out delivery, delivery or parcel trade in weapons, organizing self-service in retail premises(halls) for its sale.
a) copies of documents confirming that the manager and employees have higher or secondary vocational (technical) education, vocational training and (or) work experience in the field of licensed activities;
c) copies of orders of the license applicant on the appointment of employees responsible for the safety, accounting, evaluation, storage, pre-sale preparation of weapons and the performance of permitted types of work (provision of services) with weapons, as well as copies of identification documents of these employees;
d) copies of agreements on the protection of stores, premises and warehouses used for placement and storage of weapons during trade;
f) layout of the store, premises and warehouses used for placement and storage of weapons during trade and pre-sale preparation, as well as places for storing accounting documentation.
8. In the application for a license, the license applicant indicates the addresses of stores, premises and warehouses used for placement and storage of weapons during trade and pre-sale preparation, as well as for storing accounting documentation, as the addresses of places of arms trade.
10. The licensing authority checks the completeness and reliability of the information contained in the application and documents submitted in accordance with these Regulations, as well as checks the ability of the license applicant to fulfill the licensing requirements and conditions in the manner prescribed by Article 12 of the Federal Law “On Licensing of Certain Types of Activities”.
11. Verification of the license applicant’s ability to comply with licensing requirements and conditions is carried out, among other things, in the form of examining places where weapons are traded and checking the conditions created to ensure the safety of weapons, accounting documentation and preventing access to them by unauthorized persons.
16. 3a consideration by the licensing authority of an application for a license and for its provision, as well as for re-issuance of a document confirming the availability of a license, a state fee is paid in the amounts and in the manner established by the legislation of the Russian Federation on taxes and fees.
Position
on licensing the trade in ammunition for weapons
(approved by the Government of the Russian Federation dated June 30, 2010 No. 482)
1. These Regulations determine the procedure for licensing the trade in ammunition for weapons carried out by legal entities.
2. In these Regulations, the trade in ammunition for weapons is understood as a type of business activity associated with the wholesale or retail trade of ammunition.
3. Licensing of trade in cartridges is carried out by the Ministry of Internal Affairs of the Russian Federation (hereinafter referred to as the licensing authority).
4. A license to trade in ammunition for weapons (hereinafter referred to as the license) is granted for 5 years. The validity period of a license may be extended at the request of the licensee in the manner prescribed for re-issuing a document confirming the availability of a license.
5. Licensing requirements and conditions for trading firearms ammunition are:
a) the licensee has, on the right of ownership or on another legal basis, premises and equipment necessary for carrying out the licensed activity, meeting the established requirements for the reception, accounting, storage and pre-sale preparation of cartridges, ensuring conditions for the safety of accounting documentation, excluding access to cartridges and (or ) accounting documentation of unauthorized persons;
b) the presence on the licensee’s staff of employees responsible for the safety, accounting, evaluation and storage of cartridges, as well as those performing functions related to the sale, pre-sale preparation, transfer, transportation of cartridges and the performance of permitted types of work (provision of services) with cartridges;
c) compliance by the licensee when trading in cartridges with the requirements established by the legislation of the Russian Federation regulating the circulation of cartridges.
6. Gross violations of licensing requirements and conditions are:
a) failure to comply with the provisions established by paragraphs 1 and 7 of Article 6, part one of Article 7, parts two to four of Article 18, part one of Article 22 of the Federal Law “On Weapons”;
b) storage of cartridges in places not specified in the permit for storage of cartridges issued by internal affairs bodies, sale of cartridges to state paramilitary organizations using documents of an unspecified type, trading in cartridges in places not specified in the license, wholesale of cartridges to individuals, delivery, delivery or parcel trade of cartridges, organization of self-service in retail premises (halls) for their sale.
7. To obtain a license, the license applicant submits to the licensing authority an application for a license and the documents specified in paragraph 1 of Article 9 of the Federal Law “On Licensing of Certain Types of Activities”, as well as:
a) copies of documents confirming that the manager, specialists and employees have higher or secondary vocational (technical) education, professional training and (or) work experience in the field of licensed activities;
b) copies of documents confirming that the license applicant has the right of ownership or other legal basis of premises and equipment necessary for carrying out the licensed activity;
c) copies of orders of the license applicant on the appointment of employees responsible for the safety, accounting, evaluation, storage, pre-sale preparation of cartridges and the performance of permitted types of work (provision of services) with cartridges, as well as copies of identification documents of these employees;
d) copies of agreements on the protection of the store, premises and warehouse used for placement and storage of cartridges during trade;
e) copies of decisions of the head of a legal entity - a license applicant on the organization of an intra-facility regime;
f) layout of the store, premises and warehouses used for placement and storage of cartridges during trade and pre-sale preparation, as well as places for storing accounting documentation.
8. In the application for a license, the license applicant shall indicate the addresses of stores, premises and warehouses used for placement and storage of cartridges during trade and pre-sale preparation, as well as for storing accounting documentation, as the addresses of the places where ammunition is traded.
9. Copies of the documents specified in these Regulations, not certified by a notary, are submitted with presentation of the original.
10. The licensing authority checks the completeness and reliability of information about the license applicant contained in the application and documents submitted in accordance with these Regulations, as well as checks the ability of the license applicant to comply with licensing requirements and conditions in the manner prescribed by Article 12 of the Federal Law "On Licensing of Certain Types activities".
11. Verification of the license applicant’s ability to comply with licensing requirements and conditions is carried out, among other things, in the form of examining places of sale of cartridges and checking the conditions created to ensure the safety of cartridges, accounting documentation and preventing access to it by unauthorized persons.
12. In case of loss of a document confirming the presence of a license, the licensing authority issues a duplicate of it based on a written application from the licensee within 10 days from the date of receipt of the application.
The duplicate is drawn up in 2 copies (each marked “duplicate”), one of which is sent (handed) to the licensee, and the other is kept in the licensee’s licensing file.
If necessary, the licensing authority issues a certified copy of the document confirming the existence of a license, based on a written application from the licensee and the original of the specified document within 10 days from the date of receipt of the application.
13. Information related to the implementation of licensed activities, provided for in paragraph 2 of Article 6 and paragraph 1 of Article 14 of the Federal Law “On Licensing of Certain Types of Activities” and access to which is unlimited, is posted in official electronic or printed media mass media licensing authority, as well as on information stands on the premises of the licensing authority within 10 days from the date:
b) the licensing authority makes a decision on granting a license, re-issuing a document confirming the existence of a license, suspending and renewing its validity;
c) receipt from the Federal tax service information about the liquidation of a legal entity or termination of its activities as a result of reorganization;
d) the entry into force of a court decision to revoke the license.
14. License control carried out by the licensing authority in compliance with the requirements established by the Federal Law "On the Protection of Rights legal entities And individual entrepreneurs in the exercise of state control (supervision) and municipal control."
15. The licensing body makes decisions on granting a license (on refusing to grant a license), re-issuing a document confirming the availability of a license, extending the validity of a license, suspending and renewing its validity, as well as maintaining a register of licenses and providing the information contained therein are carried out in the manner established by the Federal Law "On Licensing of Certain Types of Activities".
16. For the consideration by the licensing authority of an application for a license and for its provision, as well as for the re-issuance of a document confirming the availability of a license, a state fee is paid in the amounts and in the manner established by the legislation of the Russian Federation on taxes and fees.
Decree of the Government of the Russian Federation of June 30, 2010 No. 482 “On approval of the Regulations on licensing trade in weapons and main parts of firearms and Regulations on licensing trade in ammunition for weapons”
Document overview
It has been established how licenses are issued to legal entities to trade in weapons, ammunition, and main parts of firearms.
The licensing authority is the Russian Ministry of Internal Affairs.
Defined licensing requirements and conditions. So, you need to have the premises and equipment necessary for the relevant activities. The staff must include employees responsible for the safety, accounting, evaluation of weapons (cartridges), as well as performing functions related to the sale, pre-sale preparation, transfer, forwarding, transportation of these objects. The licensee is obliged to comply with the requirements regulating the circulation of weapons (cartridges).
The license is granted for 5 years.
A list of documents sent by the applicant is fixed.
A state fee is paid for the consideration of an application for a license, for the issuance of the latter, as well as for the re-issuance of a document confirming its availability.
From time to time, every hunter faces the question: how to sell an old gun? Most often, this need is associated with the purchase of a new, more modern gun. To do everything right, to avoid complications and administrative sanctions, you should familiarize yourself with some features and practical recommendations.
Before selling, be sure to compare the characteristics of the gun with the data specified in the passport. If it was purchased in Soviet time, even before the release of the latest version of the “Weapon Law” or in case you unauthorizedly made changes to improve characteristics (cut or added various materials), some difficulties may arise.
Ways to sell hunting weapons
Today in Russia the law provides for two methods of sale. These methods also apply to all licensed self-defense means, so this information may be informative not only for hunters.
- Sell weapons through a specialized weapons store registered with the state register.
- Sell a hunting rifle yourself with the documents re-registered to another individual.
The purchase and sale of weapons can be carried out through a consignment store, the specialization of which includes the possibility of trading in such goods, or you can sell it yourself. Each option has its own pros and cons. For example, if you do the selling yourself, you can earn much more from such a transaction. more money, since no commission fee is provided, but the volume of documents that in this case will need to be completed increases significantly.
The advantages of using the services of an intermediary when selling hunting rifles include the absence of hassle in finding a buyer and the relative safety of the transaction. Therefore, every owner must consider both options and decide how to sell their hunting shotgun.
Selling guns through a hunting store
If you set out to sell a registered hunting rifle through a specialized store, you should first familiarize yourself with the rules and conditions of sale. In this case, it is necessary to submit a notification of the established form to the licensing and permitting department located at the local department of internal affairs. This document must be accompanied by a weapon passport with permission for it.
After carefully studying the application, the licensing authority will make an appropriate decision. If the result is positive, the owner of the weapon will receive documentary evidence, which will become the basis for contacting the consignment store.
Since the permit is dated, it is important to hand over the weapon to an intermediary before it expires.
There is one unpleasant feature in this implementation option - these are the provided thrift store constant markdowns of goods. And this reduction in value can continue indefinitely. This process can only be stopped by a completed sale. hunting weapons, or if the owner himself changes his mind about selling it. But in the latter case, the store will have to fully reimburse the costs associated with storing weapons.
In case of sale of weapons, it former owner must receive a corresponding notification from the store, confirmed by the seller’s seal and the signature of the responsible person. To permanently deregister the gun, this document will need to be presented to the police department.
Independent sale
You can sell a used gun only to a buyer who has a license to purchase a specific type of hunting gun. If the weapon is smooth-bore, this is green paper; if it is rifled, the license is on pink paper. Without a license, the transaction will become impossible. Before completing a purchase and sale transaction, you must go with the buyer to the Licensing and Permitting Department (LRO), your license will be canceled, and the gun will be transferred to the buyer.
Selling a hunting rifle to a private person is a very simple procedure. The buyer and seller must appear at the branch of the licensing authority where the gun was registered and assigned to the current owner. In turn, the owner submits an application to the relevant official about his desire to re-register the weapon. The sale of a hunting rifle requires its control shooting. Permission for such shooting can also be obtained from the LRO.
The registration procedure itself is quite simple, but selling independently has many pitfalls associated with finding a buyer. To an individual It is worth using all the possibilities: placing an advertisement for the sale on special hunting Internet resources, newspapers, notifying friends, colleagues, relatives, etc. about the sale. You can place an advertisement for sale on regional and all-Russian thematic resources.