LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 30, 1998 No. 339-I

About the state control of turnover of separate types of weapon

This Law regulates the legal relationship arising in case of turnover of civil, office, military person-portable small and cold weapon in the territory of the Republic of Kazakhstan and is directed to protection of life and health of citizens, property, ensuring public safety, protection of objects of the environment, resources, development of international cooperation in fight against crime and illegal distribution of weapon.

Provisions of this Law extend also to turnover of ammunition (cartridges).

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) firearms - weapon in which ejection of bullet, shell, the grenade from the channel of trunk results from impact of energy of powder or other charge;

1-1) prototypes mass-dimensional, made of firearms, - the military person-portable small, civil, office firearms given by way of introduction of irreversible constructive alteration of its main (compound) parts to condition of impossibility of production of shot and restoration to initial condition, and also assembly from its main (compound) parts of efficient firearms;

2) alarm weapon - the weapon used for giving of sound, light and smoke signals;

3) gas weapon - weapon which use is based on use of the tear or irritating substances;

4) criminalistic requirements - special technical requirements (parameters, design features, marking) shown to civil, office weapon and cartridges to it and also to products, structurally similar to weapon;

5) weapon - the devices and objects which are structurally intended for defeat of live or other purpose, and also for giving of signals.

The products of economic and household and production appointment, apparatuses, and also weapon with dulny energy from 0.5 to 3 J which are imitating appearance of weapon and not containing in the structure of the main (compound) parts of firearms do not belong to weapon (further - products, structurally similar to weapon);

6) traffic in weapons - production, assembly, repair, alteration, realization (trade), transfer, donation, rewarding, inheritance, acquisition, collecting, exhibiting, accounting, storage, carrying, transportation, use, withdrawal, destruction, import to the territory of the Republic of Kazakhstan, export from the territory of the Republic of Kazakhstan and transit across the territory of the Republic of Kazakhstan of weapon, including its main (compound) parts and cartridges to it;

6-1) collecting of weapon - the licensed activities of physical persons and legal entities for the systematized collecting of the civil and office weapon which is not prohibited to turnover in the territory of the Republic of Kazakhstan;

6-2) constructive alteration of weapon - replacement or change of form and (or) the sizes of the main (compound) parts of firearms, pneumatic, alarm, okholoshchenny, gas weapon, gas weapon with possibility of firing by cartridges of traumatic action and throwing small arms which entailed change of technical characteristics of weapon;

6-3) main (compound) parts of weapon - trunk, drum, lock, frame, receiver fire, gas, gas with possibility of firing by cartridges of traumatic action, pneumatic, alarm, okholoshchenny weapon;

6-4) exhibiting of weapon - the licensed activities of physical persons and legal entities for demonstration of the civil and office weapon belonging to them and (or) cartridges to it or belonging other owners of the weapon and (or) cartridges to it which is not prohibited to turnover in the territory of the Republic of Kazakhstan (non-commercial or commercial exhibition sale or auction);

7) the manufacturer of weapon - the organization having the license for development, production, repair, arms trade;

8) the user of weapon - the physical person or legal entity which received weapon from the owner in temporary use;

9) acquisition of weapon - purchase, receipt of weapon as gift, award;

10) the owner of weapon - the physical person or legal entity owning weapon based on permission to acquisition, carrying and storage of weapon;

11) production of weapon - research, development, production, testing, assembly, art finishing, repair, alteration and destruction of weapon, its main (compound) parts, production of cartridges;

12) throwing weapon - the weapon intended for defeat of the purpose at distance metayemy with use of muscular strength of the person (throwing broskovy weapon), and also the weapon intended for defeat of the purpose at distance by metayemy shells with use of mechanical energy (throwing small arms);

12-1) metayemy shell - the device consisting from the striking, bearing and stabilizing elements, or the subject having the striking properties, intended for mechanical defeat of the purpose in result of throwing which is at distance from throwing small arms;

13) ammunition (cartridges) - the devices or objects which are structurally intended for shot from weapon of the corresponding type and defeat of the purpose (further - cartridges);

13-1) okholoshchenny weapon - specially made weapon or fire, fire acormose, gas weapon, or the gas weapon with possibility of firing by cartridges of traumatic action given by way of introduction of irreversible constructive alteration of its main (compound) parts to the condition suitable for imitation of shot only the boss of light-sound action (blank cartridge) for use when implementing cultural, educational, collection activities;

14) pneumatic weapon - weapon which weapon of destruction of the purpose receives directed movement due to energy compressed, the liquefied or cured gas;

15) cold weapon - the weapon intended for direct defeat of the purpose by means of the muscular strength of the person;

16) electric weapon - special adaptation which use is based on action of electric discharge.

Article 2. The legislation of the Republic of Kazakhstan in the field of the state control of turnover of separate types of weapon

The legislation of the Republic of Kazakhstan in the field of the state control of turnover of separate types of weapon is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts.

If the international treaties ratified by the Republic of Kazakhstan establish other regulations, than those which are provided by this Law then are applied regulations of international treaties.

Article 3. Types of weapon

Weapon on the purpose is subdivided on:

1) fighting manual shooting and cold;

2) civil;

3) office.

Article 4. Military person-portable small and cold weapon

The weapon intended for the solution of fighting, operational and office and educational tasks, taken advantage by the relevant state bodies of the Republic of Kazakhstan and their divisions (further - Armed Forces, other troops and military forming, special state and law enforcement agencies), and also made for deliveries to other states belongs to military person-portable small and cold weapon.

Military person-portable small arms and cartridges to it are one of arms types

The procedure for turnover of military person-portable small arms and cartridges to it, and also cold weapon is determined by the rules of turnover of arms and military equipment approved by the Government of the Republic of Kazakhstan.

Article 5. Civil weapon

The weapon used by citizens of the Republic of Kazakhstan for the purpose of collecting, exhibiting, self-defense, sports activities, hunting, and also the organizations of education and culture in the educational and cultural purposes belongs to civil weapon. The civil firearms shall exclude firing by queues (except for okholoshchenny weapon).

Civil weapon is subdivided on:

1) self-defense weapon:

fire smooth-bore long-barreled weapon;

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