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Ukraine's Firearms Legislation: How to Obtain a Permit and Key Requirements
Цей матеріал також доступний українською219
Photo: myslyvets.com.ua
Weapons ownership in Ukraine is governed by clear rules and requirements for citizens who wish to obtain a permit. The legislation defines the categories of persons who are allowed to purchase, store and carry weapons, and establishes a list of restrictions and necessary documents for obtaining a permit. The specialists of the Free Legal Aid Center analyzed the situation in detail.
Who can get a permit to carry weapons?
What weapons do not require a permit?
The procedure for obtaining a weapons permit
The procedure for obtaining a weapons permit under martial law
Who can obtain a permit to carry weapons?
The permit to purchase traumatic devices is granted to persons over 21 years of age in accordance with the instruction on the procedure for the purchase, storage, accounting, use and application of domestically produced devices for firing cartridges equipped with rubber or similar non-lethal projectiles and the said cartridges by court and law enforcement officials and their close relatives, as well as persons involved in criminal proceedings:
- employees of the court, law enforcement agencies and their close relatives;
- persons involved in criminal proceedings;
- Members of Parliament of Ukraine;
- members of public formations for the protection of public order and the state border;
- military personnel, except for those performing regular military service;
- civil servants;
- journalists.
Citizens of Ukraine who have reached the age of 21 may purchase hunting smoothbore weapons and their main parts, citizens of Ukraine who have reached the age of 25 may purchase hunting rifled weapons and their main parts, and citizens of Ukraine who have reached the age of 18 may purchase cold, chilled and pneumatic weapons and their main parts. The number of weapons that a citizen of Ukraine can own is not limited, but the owner of the weapon must ensure its absolute safety.
What weapons do not require a permit?
In the absence of any permits, persons over the age of 18 may own airguns with a caliber of less than 4.5 millimeters and a muzzle velocity of less than 100 meters per second, revolvers and pistols for the Flaubert cartridge, household knives, and gas canisters (except for those used by law enforcement officers). The circulation of this category of self-defense weapons is not regulated by Ukrainian law.
At the same time, Ukrainian citizens may also legally own firearms, traumatic, cold steel, and gas weapons, subject to prior obtainment of the relevant permit.
Who cannot be issued weapons?
Police authorities do not have the right to issue permits for the acquisition, storage and carrying of firearms and ammunition, pneumatic or cold steel weapons, devices and ammunition to citizens, as well as to re-register them in the event of
- If a person has medical contraindications to perform these functional duties and possess weapons;
- there is evidence of systematic (two or more times) violation of public order by such a person, failure to eliminate previously identified violations of the requirements of the Instruction on storage, transportation, use of previously acquired weapons, devices, alcohol abuse, use of narcotic substances without a doctor's prescription, other intoxicants, domestic violence, which is confirmed by documents;
- a reasoned decision of the state enforcement officer to temporarily restrict the debtor's right to use firearms for hunting, pneumatic and cooled weapons, domestically produced devices for firing cartridges equipped with rubber or similar non-lethal projectiles;
- receipt of information from the authorized body to the authorized unit for control of arms circulation of the central police authority, the authorized unit for control of arms circulation and the permit system of the main departments of the National Police in the Autonomous Republic of Crimea and the city of Sevastopol, regions and the city of Kyiv on the notification of suspicion to such a person or information on the preparation of a notification of suspicion against such a person that has not been served due to failure to establish his/her whereabouts;
- if the person has a criminal record that has not been expunged or removed in accordance with the established procedure;
- absence of a certificate of study of the material part of weapons, special means, rules of handling and use of them;
- absence of the right, as defined by legislative acts, to purchase, store and carry devices (clause 5.1 of Chapter 5 of Section I of the Instruction).
Where can I get a firearms permit?
Police authorities issue permits for the purchase of weapons, their registration and re-registration.
Image: wiki.legalaid.gov.ua
Since June 23, 2023, the Unified Register of Weapons (URW) has been operating in Ukraine, an information and telecommunication system that is a functional subsystem of the unified information system of the Ministry of Internal Affairs, designed to automate the accounting of weapons circulation processes to the level of operational procedure standards and an automated user workstation, and ensures the formation, storage, sharing and verification of information on rights in the field of weapons circulation, ammunition, main parts of weapons with identification numbers and explosive materials.
The URP provides for the receipt of services by submitting documents through the Single Citizen's Window; online, you can obtain the relevant permits required for the registration of weapons, including a certificate of no criminal record.
The procedure for obtaining a firearms permit
- Apply to the licensing officers of the relevant police authority and order a certificate of no criminal record. At the same time, find out the list and contacts of organizations that conduct courses on the study of the material part of weapons and the rules for handling them.
- Sign up for courses on the study of the material part of weapons and the rules for handling them. Upon completion of the course and passing the exam, a certificate is issued. To prepare for the exam, you should read the study guide.
- Obtain a certificate of completion of a preventive drug examination at a narcological dispensary, and a medical certificate of completion of mandatory preliminary and periodic psychiatric examinations at a psychoneurological dispensary.
- In the hospital at the place of residence or in a paid medical institution, undergo a medical examination and obtain a medical certificate to obtain a permit (license) for the object of the permitting system. In order to obtain such a certificate, two 3×4 cm photographs must be submitted.
- Conclude a contract of compulsory civil liability insurance for gun owners with any insurance company.
- Purchase a metal box or safe to be installed at the place of residence. It is better to securely attach the metal box to the floor or wall (for law enforcement officers, in accordance with the requirements of the Instruction, it is mandatory to attach a metal box for storing weapons to the wall or floor).
- To speed up the process of obtaining a firearms permit, contact the district police inspector at your place of residence and ask for a special inspection at your place of residence. During the inspection, the inspector checks the presence of a metal box for storing weapons and its compliance with the requirements of the Instruction, collects data on the person's behavior at home and at the place of residence.
- Based on the results of the inspection, the district inspector draws up a report, which he sends to the relevant licensing system or hands over to the citizen.
- Pay the cost of the permitting system's services for issuing the relevant permit through a banking institution and keep the relevant receipt.
- Appear with all the collected documents, their copies and two photographs to the permit system at the time of acceptance and submit an application for a permit to purchase a weapon.
- Obtain a permit to purchase a weapon, purchase a weapon on the basis of the permit, and report to the permit system within ten days to register the weapon and obtain a permit to carry and store it.
To obtain a permit to carry and store weapons, you must submit an application, which must be accompanied by
- photographs;
- a duplicate of the permit to purchase a weapon with a stamp of the store on the sale of the weapon;
- payment document for the relevant service of the permit system;
- a copy of the civil liability insurance contract.
Procedure for obtaining a firearms permit under martial law
Authorized units of the National Police of Ukraine issue permits to citizens to purchase, store and carry hunting firearms, rifled and smoothbore weapons (hereinafter referred to as hunting weapons) and ammunition to them upon a written application for a permit to purchase, store and carry hunting weapons (hereinafter referred to as the application) submitted to the head of the police body at the applicant's place of residence (stay), provided that the applicant has an identity document.
The application shall be accompanied by copies of the pages of the passport of a citizen of Ukraine (for persons who have been issued a passport of a citizen of Ukraine with a contactless electronic medium - a copy of the passport and an extract from the Unified State Demographic Register on registration of the place of residence)
If available, attached:
- a copy of the military ID card of privates, sergeants and officers, military ID card of a reserve officer
- a copy of a certificate of a pensioner or veteran of military service, internal affairs bodies, the National Police of Ukraine, the National Anti-Corruption Bureau of Ukraine, the Judicial Protection Service, the State Fire Service, the State Service for Special Communications and Information Protection of Ukraine, the Civil Protection Service, the Tax Police, the Bureau of Economic Security of Ukraine or the State Criminal Executive Service of Ukraine;
- or a copy of the certificate of a member of a public order protection group, or a copy of a weapons permit.
Permits for the purchase, possession and carrying of hunting weapons shall be issued and reissued after the police authorities, if possible, conduct inspections in accordance with the established procedure, the duration of which shall not exceed two days, to ensure that the following circumstances do not exist
- evidence of systematic (two or more times) violation of public order by such a person (bringing to administrative responsibility under Article 173 of the Code of Ukraine on Administrative Offenses (hereinafter - the Code) two or more times during the year)
- systematic violation of the requirements of the Instruction on the Procedure for the Manufacture, Acquisition, Storage, Accounting, Transportation and Use of Firearms, Pneumatic, Cold and Chilled Weapons, Domestically Produced Devices for Firing Ammunition Equipped with Rubber or Similar Non-Lethal Projectiles and Ammunition, as well as Ammunition for Weapons, Main Parts of Weapons and Explosives, approved by the Order of the Ministry of Internal Affairs of Ukraine No. 622 dated August 21, 1998, registered with the Ministry of
- driving vehicles or vessels by persons who are in a state of alcoholic, narcotic or other intoxication or under the influence of drugs that reduce their attention and reaction time (bringing to administrative responsibility under parts two and three of Article 130 of the Code of Administrative Offenses within a year);
- illegal production, acquisition, storage, transportation, shipment of narcotic drugs or psychotropic substances without the purpose of sale in small amounts (bringing to administrative responsibility two or more times within a year under Article 44 of the Code of Administrative Offenses);
- committing domestic violence (bringing to administrative responsibility under Article 173-2 of the Code of Administrative Offenses within a year);
- availability of information on serving a notice of suspicion to such a person or information on serving a notice of suspicion to such a person that has not been served due to failure to establish his or her whereabouts;
- if the person has a conviction for a serious crime, especially a serious crime, which has not been expunged or removed in accordance with the established procedure;
- within one year from the date of entry into force of a court decision on the confiscation or paid seizure of weapons.