What is meant by illegal possession of weapons?
All items related to weapons are divided into three categories: combat, service and civilian. The owners of the first two can only be legal entities and government agencies. Ordinary people have the right to purchase, store and transport certain types of firearms used for self-defense, sports, hunting, and also for educational purposes.
Traumatic weapons that cause limited damage are also firearms. It is subject to the same rules as other types of weapons.
In order to legally possess weapons, citizens are required to undergo special training and obtain the appropriate license from the OLRR at their place of residence. Before purchasing, you must obtain permission to complete the transaction there. After purchasing a pistol, carbine or limited-kill device from a specialty store, it must be registered with the same government agency where the permit was obtained. Purchase and sale transactions between individuals are carried out at the licensing authority.
If these rules are not followed or the weapon was obtained illegally and is secretly hidden, then its possession and carrying is considered illegal. This threatens with imprisonment and large fines, since the issue is about the safety of citizens of the Russian Federation.
Note!
If a person accidentally discovered an unregistered weapon, but did nothing to take possession of it, then no punishment will follow.
Do you have any questions?
To get the most detailed advice on your issue, you just need to follow any of the suggested options:
- Request a consultation using the form
on our website - Or just call the number: 8 800 350-83-74
Article for illegal storage, carrying and transportation of firearms in the Criminal Code of the Russian Federation
Punishments for illegal actions are established in Art. 222 of the Criminal Code of the Russian Federation. It does not include: civilian long-barreled, smooth-bore and limited-destruction weapons. The extent of responsibility for a crime depends on the circumstances, as well as:
- type of weapon. Illegal possession of military models by a civilian is considered a more serious offense than concealment of a hunting carbine or sporting rifle. The design of the barrel also plays a role. Rifled weapons are more dangerous than smooth-bore weapons because they have a longer sighting range;
- number of weapons. The presence of an entire arsenal indicates a deliberate and planned crime;
- involvement of weapons in previously committed crimes. If illegal actions were carried out with its help, then it was clearly acquired illegally.
For illegal storage, carrying and transportation of traumatic weapons, the violator will bear administrative liability. Criminal prosecution is possible if such a device was used to cause harm to health or commit murder.
Administrative liability for violation of rules
Article 20.8 of the Code of Administrative Offenses of the Russian Federation establishes responsibility for violation of storage rules for citizens. Part 4 - punishment in the form of an administrative fine from 500 to 2000 rubles. or deprivation of the right to acquire and store, or store and carry weapons. The remaining parts are or are associated with other actions (part 4.1. - carrying a firearm while intoxicated). Or they are aimed at other entities (Part 1 - for legal entities).
Unlike a crime, in this case we are talking about any type of weapon. When you first need to obtain permission to purchase weapons, to store and carry them. In criminal law we are talking specifically about illegal possession. That is, a person does not have the right to keep weapons. In administrative law - about violation of rules. This also includes cases where a person expires his storage permit. Or the keys to the safe will hang in the key holder, to which not only the owner of the storage permit, etc. has access.
There is also part 6 of Art. 20.8. Code of Administrative Offenses of the Russian Federation - illegal acquisition, sale, transfer, storage, transportation or carrying of civilian smooth-bore firearms and limited-kill firearms. Liability from fine to arrest. But necessarily with the confiscation of such weapons.
Detailed information about liability for illegal possession of weapons in relation to your situation can be obtained from the site’s duty lawyer.
What is the sentence for illegal possession of weapons and ammunition?
For such actions, the Criminal Code of the Russian Federation provides the following penalties:
- When a crime is committed by one person, he faces restriction of freedom for up to 3 years, forced labor for 4 years, or arrest for 6 months. In the most serious cases, the accused can be imprisoned for up to 4 years. At the same time, the convicted person may be required to pay a fine of 80 thousand rubles. or in the amount of his income for a period of up to 3 months;
- If the offense is committed by several persons by prior agreement, then each of the group members will be imprisoned for a period of 2 to 6 years. Also, for illegal possession of firearms, you may be required to pay a fine for illegal storage of firearms in the amount of 100 thousand rubles. or in the amount of earnings for a period of up to 6 months.
- Illegal possession of firearms and ammunition by an organized group entails a penalty for each member in the form of imprisonment for a term of 5 to 8 years. At the same time, a fine of 100 to 200 thousand rubles may be awarded. or in the amount earned for 1 year.
Note!
You can avoid punishment by handing over your weapons to the territorial body of the National Guard of the Russian Federation. Surrender will not be voluntary when a dangerous item was discovered by law enforcement officers during a search or inspection.
Summary
All actions with firearms are regulated by the legislation of the Russian Federation. In order to purchase it, you must obtain a special license and permission. After the transaction or during its process, record the fact of purchase in OLRR. If this is not done, the possession of weapons will be considered illegal. Secret hiding of illegal firearms and ammunition is also unacceptable.
Such acts will be subject to criminal prosecution. In the best case, the offender faces restriction of freedom for up to 3 years, in the worst case – imprisonment for up to 4 years. When illegal acts are committed by several people, the punishment will be much more severe.
If you find yourself in such a situation and don’t know what to do, contact our lawyers immediately. They will carefully review the specifics of your case and suggest ways to solve the problem. Their experience in participating in such proceedings will help reduce the penalty to a minimum.
Latest questions on the topic: “Is there a prison sentence for illegal possession of firearms?”
Illegal storage of ammunition, liability under the Criminal Code of the Russian Federation
I was detained with 5 rounds of 7.62 caliber, what do I face for this for illegal possession of ammunition?
The expert recognized the cartridges as live ammunition, but there was no license. Denis, Tomsk is now online
You will face criminal liability under Art. 222 of the Criminal Code of the Russian Federation Article 222. Illegal acquisition, transfer, sale, storage, transportation or carrying of weapons, their main parts, ammunition, explosives and explosive devices 1. Illegal acquisition, transfer, sale, storage, transportation or carrying of firearms, their main parts, ammunition (except for civilian smooth-bore long-barreled weapons, their main parts and cartridges for them, limited-kill firearms, their main parts and cartridges for them), explosives or explosive devices - punishable by restriction of freedom for a term of up to three years, or forced labor for a term of up to four years, or arrest for a term of up to six months, or imprisonment for a term of up to four years with a fine in the amount of up to eighty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to three months, or without it. 2. The same acts committed by a group of persons by prior conspiracy are punishable by imprisonment for a term of two to six years. 3. Acts provided for in parts one or two of this article, committed by an organized group, are punishable by imprisonment for a term of five to eight years. 4. Illegal sale of civilian firearms smooth-bore long-barreled weapons, firearms of limited destruction, gas weapons, bladed weapons, including including throwing weapons, is punishable by compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of one to two years, or restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of up to two years. three to six months, or imprisonment for a term of up to two years with a fine in the amount of up to eighty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to six months or without it. Note. A person who voluntarily surrenders the items specified in this article is exempt from criminal liability under this article. Their seizure during the detention of a person, as well as during investigative actions to detect and seize them, cannot be recognized as voluntary surrender of the items specified in this article, as well as in Article 223 of this Code. What can I advise you? If you do not deny your guilt, then now focus on collecting and providing mitigating circumstances listed in Art. 61 of the Criminal Code of the Russian Federation. Article 61 of the Criminal Code of the Russian Federation Circumstances mitigating punishment 1. Mitigating circumstances are recognized as: a) the commission of a crime of minor or moderate gravity for the first time due to a random combination of circumstances; b) the minority of the perpetrator; c) pregnancy; d) the presence of young children with the perpetrator; e) committing a crime due to a combination of difficult life circumstances or out of compassion; f) committing a crime as a result of physical or mental coercion or due to financial, official or other dependence; g) commission of a crime in violation of the conditions of legality of necessary defense, detention of the person who committed the crime, extreme necessity, justified risk, execution of an order or instruction; h) illegality or immorality of the behavior of the victim, which was the reason for the crime; i) confession, active assistance in solving and investigating a crime, exposing and prosecuting other accomplices in a crime, searching for property obtained as a result of a crime; j) provision of medical and other assistance to the victim immediately after the commission of a crime, voluntary compensation for property damage and moral harm caused as a result of the crime, other actions aimed at making amends for the harm caused to the victim. 2. When assigning a punishment, circumstances not provided for in part one of this article may be taken into account as mitigating circumstances. Best regards, Yaroslav Tsvetkov.
What is the responsibility for storing bladed weapons?
Good afternoon.
Tell me what is the responsibility for storing bladed weapons. And in what law can this be seen? Dmitry, Kazan is online now
Hello. Article 222 of the Criminal Code of the Russian Federation. Illegal acquisition, transfer, sale, storage, transportation or carrying of weapons, their main parts, ammunition 4. Illegal sale of civilian firearms smooth-bore long-barreled weapons, firearms of limited destruction, gas weapons, edged weapons, including throwing weapons - (as amended Federal Laws dated December 8, 2003 N 162-FZ, dated December 28, 2010 N 398-FZ) is punishable by compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of one to two years, or restriction of liberty for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of three to six months, or imprisonment for a term of up to two years with a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months or without it. Tell me what is the responsibility for storing bladed weapons. Dmitry There is no criminal liability for possession. Federal Law on Weapons N 150-FZ Article 6. Restrictions established on the circulation of civilian and service weapons On the territory of the Russian Federation the following is prohibited: 6) carrying by citizens for the purpose of self-defense long-barreled firearms and bladed weapons, with the exception of cases of transportation or transportation
Commentary to Art. 348 of the Criminal Code
1. The subject of this crime completely coincides with the subject of the two previous offenses.
2. The objective side is characterized by a violation of the rules for saving military property entrusted to the subject for official use, which can be expressed both by action (storing said property in places not designated for this purpose) and by inaction (for example, leaving property unattended).
3. The act is considered completed from the moment the subject loses military property, i.e. his removal from the subject's possession against his will.
4. The subject of the crime is a military serviceman to whom weapons, ammunition or military equipment were entrusted for official use.
