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Ministry of Justice

Republic of Moldova No. 482

of May 3, 2007

ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF THE REPUBLIC OF MOLDOVA

of March 21, 2007 No. 97

About approval of the Instruction for acceptance, technical inspection, ballistic research and legalization illegally the stored and voluntarily handed over weapon and ammunition

1. Approve the Instruction for acceptance, technical inspection, ballistic research and legalization illegally of the stored and voluntarily handed over weapon and ammunition according to appendix.

2. This instruction is subject to publication in the Official monitor of the Republic of Moldova according to the current legislation.

3. To commissioners of police:

- organize studying of this instruction by staff, and also provide its exact execution;

- provide acceptance and safety of the weapon which is handed over in commissariat of police and ammunition according to administrative-territorial competence.

4. To impose control of execution of this order on the chief of General management of police of public order and the chief of the technical and criminalistic Department of MIA.

 

Minister of Internal Affairs,

police lieutenant general George Papuk

Appendix

to the Order of the Ministry of Internal Affairs No. 97 of March 21, 2007

The instruction for acceptance, technical inspection, ballistic research and legalization illegally the stored and voluntarily handed over weapon and ammunition

I. Basic provisions

1. This instruction establishes the procedure of acceptance, technical inspection, ballistic research and legalization illegally of the stored and voluntarily handed over weapon and ammunition.

II. Procedure for acceptance, accounting and ensuring safety of voluntarily handed over weapon

2. For voluntary surrender and registration illegally of the stored weapon the citizen needs to be in commissariat of police at the place of residence to the inspector of authorization system with weapon for filling of the statement for registration, the explanation about its origin and statements for carrying out ballistic research.

3. During acceptance of weapon the inspector of authorization system makes visual survey and constitutes in duplicate the protocol of voluntary surrender in which data on weapon are specified (system, model, caliber, series, number, year of release, visible defects and defects, the absent details and accessories). The copy of the protocol is handed to person who voluntarily handed over weapon.

4. Each unit of the accepted weapon is brought in register of voluntarily handed over, found and accepted weapon and ammunition and in the receipt. One detachable part of the receipt is issued to the citizen who voluntarily handed over weapon, and another is applied to materials.

5. About the accepted voluntarily handed over weapon the inspector of authorization system constitutes the official report. The accepted weapon is stored in the separate metal case or the safe which is in the room for storage of weapon of commissariat of police, intended for the storage withdrawn, which is voluntarily handed over or the found weapon. The inspector of authorization system is responsible for acceptance, storage and ensuring safety of weapon.

6. The statement for registration of voluntarily handed over weapon is registered in register of incoming correspondence of office within 24 hours and is reported by the official report on the commissioner or the assistant commissioner of police of public order. The application is directed for execution to the inspector of authorization system.

7. Voluntarily handed over weapon is subject to check according to the automated State Register of Weapon database of the Ministry of Internal Affairs and accounting of number products of information directorate and operational accounting. If it is determined that this weapon belongs to other legal entity or physical person, the owner is informed and if he stays on the registry as lost, stolen or it was used in case of crime execution, the body which directed accounting card of number product, with the notification of person which handed over weapon is notified on it.

III. Technical inspection of weapon

8. Technical inspection of weapon is performed by Service of standardization and metrology according to Art. 5.1 - 5.1.3.3 or 5.2 - 5.2.5 RG 29-05-104:1999 "Technical survey of individual weapon. Basic provisions", the standardization approved by the Resolution of Department and metrology N 647-SMT of 4.11.1999. "About the organization and carrying out technical inspection of individual weapon" (The official monitor of the Republic of Moldova, 2000, N 17-18), also consists from:

a) checks of marking and organoleptic identification of weapon;

b) detection of unacceptable defects;

c) checks of reliable functioning of mechanisms of weapon;

d) checks of the sizes.

9. For carrying out technical inspection of weapon the dachshund according to the rates established by the Government is levied.

10. If it is determined that the inspected weapon is suitable, the standard certificate for a period of five years is issued.

11. If as a result of technical inspection unremovable defects or discrepancies to safety requirements of weapon were found, the letter with indication of the found shortcomings is handed.

12. The final decision on establishment of category of accounting and registration of weapon which does not conform to safety requirements is included into competence of General management of police of public order.

IV. Ballistic research

13. After check of weapon according to the database of information directorate and operational accounting and carrying out technical inspection the inspector of authorization system submits in technical and criminalistic management weapon, the petition from the citizen, voluntarily handed over it, for carrying out ballistic research with control shooting, the receipt on payment of the state fee for the provided services and the petition of the commissioner of police.

14. The ballistic research with control shooting has the simple level of complexity and considers the following questions:

- determination of technical condition, suitability to firing and availability of constructive changes;

- possibility of production of shot from weapon without pressing trigger;

- implementation of check of traces on the sleeves and bullets which are experimentally shot from the provided weapon on traces on the sleeves and bullets withdrawn from places of the unsolved crimes committed using weapon from array of pulegilzoteka of technical and criminalistic management. Experimentally shot bullets and sleeves are located in collection of technical and criminalistic management.

15. Weapon is represented for research in technical and criminalistic management with observance of the following rules:

- weapon shall be net and greased according to technical requirements;

- for carrying out control shooting it is necessary to provide three cartridges (industrial production) of the corresponding caliber on each trunk, for gas weapon - noise or blank cartridges, for revolvers - on one cartridge for each kamora of drum.

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