LAW OF THE REPUBLIC OF MOLDOVA

of July 8, 2012 No. 130

About the mode of weapon and ammunition of civil appointment

This law shifts Items 1-6, 8, 9 and 11–13 parts (1) articles 1, of article 2 and 3, of part (1), (2), (4) and the first, second, fifth, sixth and seventh paragraphs of part (5) articles 4, of article 5-8, of part (1) – (3), (5) and the second paragraph of part (6) Articles 9, of part (1) – (3), the second paragraph of part (4) and parts (5) and (6) Articles 10, Article 11, part (1) Articles 12, the first paragraph of part (1) and part (2) Articles 13, of part (1) and (2) Articles 14, part (1) Articles 15, Article 16, of part (1) and (2) Articles 17, of part (1) and (2) Articles 18, Article 21 and appendix I to the Directive of the European parliament and Council (EC) 2021/555 of March 24, 2021 about control of acquisition and storage of weapon (codification), with subsequent changes, brought by the Amendment to the Directive of the European parliament and Council (EC) 2021/555 of March 24, 2021 about control of acquisition and storage of weapon of October 13, 2022.

The Parliament adopts this organic law.

Chapter I General provisions

Article 1. Area of regulation

(1) This law determines categories of weapon and ammunition of civil appointment, and also condition of their acquisition, alienation, ownership of them, their carrying, use and making of transactions with them in the territory of the Republic of Moldova.

(2) Operation of this law does not extend to the mode of the military weapon which is under authority of the bodies of public management having powers in the field of national defense, state security and public order which is established by special laws and regulations.

(3) If international treaties which party is the Republic of Moldova, provide other rules, than established by the national legal system on weapon and ammunition rules of international treaties are applied.

(4) In the part which is not settled by this law, the procedure for request, issue, suspension and withdrawal of the allowing documents provided by this law for business entities is determined by the Law on regulation of business activity by permission No. 160/2011.

Article 2. General concepts

For the purpose of this law the following concepts are used in value:

basic concepts:

weapon - the appendices provided in categories 1 subject or the device manufactured or adapted from which fraction, bullets or other shells or the striking substances irrespective of their aggregate state can be issued by means of the explosive, gas or atmospheric pressure or other power sources;

cold weapon - the subject or the device which are structurally intended for application against people by direct action of person using it namely: knife for hunting and survival, with unilateral sharpening of the blade fixed in the handle supplied proud with length of blade more than 90 mm and thickness of more 2,6 of mm; the bayonet with the blade fixed in the handle supplied proud equipped with the device for fixture to weapon trunk with length of blade more than 150 mm and more than 4 mm thick; fighting knife, dagger, stylet with bilateral sharpening of the blade fixed in the handle supplied proud with length of blade more than 150 mm and more than 4 mm thick; saber, sword, rapier and other similar weapon, with bilateral or unilateral sharpening of the blade fixed in the handle supplied proud with length of blade more than 500 mm and more than 4 mm thick; brass knuckles from metal or other solid material, with openings for fingers; mace or cudgel, with the handle or without, consisting of the shock part (load) made of solid material; other types of knives and daggers: the machete, stylets and other tools corresponding to general specifications on sharpening, blade, handle, the handle limiter stated in this concept. This concept does not include perochinny, kitchen and tourist knives with length of blade up to 105 mm and thickness to mm 3,5;

the firearms - any weapon with trunk which can be carried, intended for production of emission or able to be transformed for production of emission of fraction, bullet or shell as a result of combustion of propellant powder; it is considered that the subject can be transformed for production of emission of fraction, bullet or shell as a result of combustion of propellant powder if it has appearance of firearms and owing to the design or material of which it was made, it can be transformed for the specified purposes; for the purpose of this law the weapon provided in categories C and D of appendix 1 does not join in determination of firearms;

use of firearms - implementation of shot from firearms;

the main node of firearms - the locking mechanism, cartridge chamber and/or trunk of firearms included in everyone in category of firearms on which they are established or intended for installation on it;

deactivation of weapon - set of the transactions performed concerning weapon by the armorer having the license for repair of weapon for the purpose of its alteration and irretrievable transformation to finally invalid weapon;

illegal production of firearms - production or assembly without registration of firearms, details of weapon and ammunition from the main parts imported illegally or produced by industrial or handicraft method without the permission issued by competent authority of the state in which there is production or assembly without registration or not marked collected firearms in day of its production according to the established requirements;

marking - set of the elements of series, code, industrial symbol applied on the surface of metal of weapon with method of mechanical, laser or electrochemical engraving or stamping on depth is at least mm 0,076;

traceability marking - the symbolical code consisting of two capital letters - MD - and the last two figures of year of import or export of weapon, its import to the country or export it from the country with accomplishment of the procedure of export which is in addition applied generally on the surface of metal of weapon - in case of absence at it such marking - for the tracking and identification of the lethal and non-lethal weapon which is subject to authorization which is taken out from the territory of the Republic of Moldova to other state or on the contrary, and also finally imported on the territory of the Republic of Moldova or finally exported from the territory of the Republic of Moldova;

paintball marker - the pneumatic device issuing paintball spheres (shells) due to expansion under pressure of the compressed air or gas which is in cylinder receiver, and intended for the sports and entertaining actions other than sports firing;

paintball sphere - shell of caliber 0.68 or 0.50 disposable (the biodegradable gelatin capsule filled with water-soluble paint), held for use in paintball marker;

illegal change of design of weapon - alteration or transformation, without the corresponding permission or with violation of the established procedure, details or main parts of weapon, uses of weapon creating opportunity in others, than provided by the producer, the purposes, such, as: cutting of trunk of long-barreled weapon to the sizes less than 500 mm; weapon device for installation of devices of silent firing; change of the shock and trigger mechanism for firing production by queues; the change of design of weapon with folding butt giving the chance of production of firing with the put butt; replacement or modification of the drummer, ejector and mirror of lock; replacement of trunk or change of the channel of trunk. Accomplishment of other actions concerning weapon, such as its lubricant or cleaning, adjustment and/or replacement of handle, front or back aim adaptation, overlays of handle, forearm, butt or spring of safety lock, or the similar actions taken concerning operational firearms is not violation according to the law;

ammunition - the set consisting of the boss, propellant powder, kapsyulyavosplamenitel and, on circumstances, shell;

expansive ammunition (hunting or sports weapon) – ammunition snaryadny, made of lead or other materials or of their combination, armored, in parts or in full, more or less in the direction to tip, from conical shape the opening getting from tip to the center, or made by combination of soft lead part in the direction of tip and firmer lead part in the direction of the basis or with use of firm cover in the basis of shell and soft cover in the direction of shell tip which method of expansion is determined by the size and effect of the put damages which increase the striking capability of this shell;

demolition ammunition – military ammunition with the shells containing the charge which is blowing up in case of blow;

incendiary ammunitions – military ammunition with the shells containing the chemical mix igniting in case of contact with air or in case of blow;

armor-piercing ammunition – military ammunition with the armor-piercing shells having the firm punching kernel;

confirmation of conformity - assessment procedure of compliance by means of which compliance to the main safety requirements provided by standard rates, standards or technical rules is established;

transactions with weapon and ammunition - import, export, re-export, transit, import to the country and export from the country, production, production, assembly, testing, sale, purchase, transportation, export, transfer, warehousing, storage, write-off and destruction of weapon and the ammunition which are subject to authorization or declaring and also periodic technical inspection, processing, completing, testing, check, deactivation and repair of weapon;

firearms detail - any part or the spare part which is specially manufactured for firearms and important for its functioning namely: trunk, the returnable mechanism, the mobile coupling, casing lock or receiver, the drummer or lock, and also any device manufactured or adapted for muffling of the noise caused by firing from weapon;

carrying weapon - temporary movement of the weapon ready to immediate application;

The state register of weapon - set of the systematized data on the weapon of civil appointment permitted in the territory of the Republic of Moldova and his owners;

repair of weapon - set of the transactions performed on the damaged weapon for its return to the condition providing it safe functioning according to appointment without modification of its design;

the shooting shooting gallery - specially equipped room or the site for which functioning permission of territorial subdivision of the Ministry of Internal Affairs is got and in which exercises, maneuvers are carried out and is carried out firing from long-barreled or short-barreled firearms or from pneumatic weapon, from onions or arbalest;

illicit trafficking in firearms and ammunition - obtaining, acquisition, sale, delivery, transportation, transfer, movement or export of firearms, details or ammunition from the territory or through the territory of one state on the territory of another if any of the relevant states did not resolve these transactions according to the established procedures or if the collected firearms are not marked according to the established requirements;

transportation of weapon - temporary movement of weapon is able, not allowing possibility of its immediate application, namely: discharged, put or sorted;

tracking - the measures for identification, investigation and the analysis of illegal production and illicit trafficking accepted by competent authorities for monitoring of the traffic in weapons which is subject to authorization or declaring and also the main parts, details of firearms and ammunition;

prohibited weapon and ammunition - the weapon and ammunition prohibited for acquisition, storages, carrying and applications by physical persons and legal entities provided by category A of appendix 1;

lethal weapon and ammunition - weapon and ammunition which use can entail death or severe wound of persons provided by Items a) - l) and n) categories B of appendix 1;

non-lethal weapon and ammunition - the weapon and ammunition intended for the utilitarian purposes or for entertainment or the self-defenses made so that their application could not entail the death of persons, stipulated in Item m) categories B and category From appendix 1; the concepts relating to classification of weapon according to its appointment:

military weapon - military weapon and other weapon from equipment of bodies of national defense, state security and public order, and also the parts which are under their authority, founded based on regulations;

civil weapon - the weapons, devices, appliances which are in private or state-owned property, intended (adapted) for civil use, suitable from the technical point of view for harming or immobilization of the person or animal, for the sports purposes or hunting, for self-defense for protection and protection of material values or for imitation of their fighting characteristics; the concepts relating to classification of civil weapon from the point of view of its appointment:

weapon of dual purpose - the firearms acquired and which are on equipment of bodies of national defense, state security, public order except military weapon;

the decriminalized weapon - the weapon which was in illicit trafficking confiscated or stored without the permission and voluntarily handed over to police agency, competent for its survey and authorization in accordance with the established procedure and also the weapon which lost the status of the physical evidence;

weapon for protection and protection - the short-barreled firearms recognized in the procedure established by the law, intended for protection of life, integrity and freedom of physical persons, and also the property belonging to physical persons or legal entities;

self-defense weapon - the lethal and non-lethal short-barreled weapon (except for pneumatic weapon and weapon under Flaubert's cartridge) recognized in the procedure established by the law, specially made for dispersion of the harmful, irritating, neutralized gases or for deflation of rubber shells or bullets for the purpose of self-defense;

throwing weapon - the weapon intended for defeat of the purpose at distance by the shell receiving directed movement by means of the muscular strength of the person or specially adapted devices, such as arbalest or onions;

asomatichesky weapon - the utilitarian weapon intended for immobilization of animals by application of mechanical shock for the purpose of the subsequent slaughter;

collection weapon - the weapon which is museum piece and also the weapon in working or non-working condition which is rarity or having historical, documentary, scientific or art value;

rekvizitny weapon - the weapon which is specially made, made or became the armorer, safe as a result of its alteration, having the license for repair of weapon, used in activities of the organizations specializing in art area (cinema or cultural and art);

fake weapon - the firearms which became nonfunctional owing to its deactivation or high damage rate confirmed with the licensed armorer according to the procedure, established by the law;

alarm weapon - the weapon intended only for transfer of light, smoke or sound signals;

sports weapon - the weapon intended for occupation by sports firing confirmation of conformity or recognition of which is performed in the procedure established by the law;

hunting weapon - the weapon intended for hunting, single-barreled or multibarrelled for which ammunition in the form of bullets and/or case-shots is used confirmation of conformity or recognition of which is performed in the procedure established by the law;

the deactivated weapon - the weapon which became finally nonfunctional owing to its irretrievable alteration and transformation by licensed armorers by drilling of openings in trunk or the cylinder, removals of wall of lock, drilling of openings in cartridge chamber, removals of charge from the boss and cap that excludes possibility of production of firing, assemblies from its details of the modified firearms, and also recovery of its initial qualities;

weapon of industrial function - the utilitarian semi-automatic firearms used in the industrial purposes of civil appointment which has appearance of automatic firearms;

weapon with tranquilizers - the utilitarian weapon intended for immobilization of animals by injection of tranquilizers;

unsuitable weapon - the damaged weapon which wear makes more than 50 percent, having one or several explicit defects confirmed with competent authority or the armorer according to technical regulations;

utilitarian weapon - the weapon intended for proper implementation of activities in industrial, agricultural, fish, medical and veterinary areas in the field of environmental protection and protection against wreckers, and also for implementation by the specialized security organizations of activities for protection of objects, property and values or transportation of valuable cargoes;

ancient weapon - the lethal weapons produced till 1877 or its reproductions intended for storage in collections;

electroconvulsive devices - the special means of self-defense using electric charge of high voltage for the short-term paralyzing impact on human body or animal;

the sprayer with the tear or irritating gas - the special means of self-defense containing the liquefied gas causing irritation or temporary paralysis; the concepts relating to classification of weapon from the point of view of its design:

weapon with compressed air or the compressed gas (pneumatic) - weapon in which the shell is thrown out due to expansion under pressure of the compressed air or gas which is in cylinder receiver;

airsoftny remarks of weapon - the weapon remarks using for emission of plastic shell energy of compressed air or gases under pressure either electrical or manual energy which puts the spring piston in action;

gas weapon - the weapon designed or adapted in such a way that the striking substance in gaseous, liquid or other state (the irritating or tear action) concluded in shell is delivered to the purpose under the influence of force of directed expansion of the gases released in case of detonation of cap or in case of explosion of charge or as a result of impact of other driving forces;

weapon under Flaubert's cartridge - the smooth-bore or cut non-lethal weapon which is using Flaubert's cartridges consisting of shell, sleeve with capsule structure for firing, and throwing out shell, using energy of burning of capsule structure or insignificant amount of gunpowder;

cut weapon - weapon which trunk on all length of internal surface of the channel has spiral uniform flutes (lots) for giving to shell of the rotary motion necessary for ensuring its stability on flight trajectory;

smooth-bore weapon - weapon at which trunk on two thirds at least than length is smooth on the internal channel of trunk, beginning from cartridge chamber;

the automatic firearms - firearms which after each shot boss automatically are recharged and shoot queue from several cartridges by continuous pressing cock;

single shot weapon - firearms without holder which shall be recharged before each shot by introduction of the boss manually in compartment or in the space provided for this purpose at entrance to trunk;

multiply charged weapon - firearms which after each made shot are recharged manually by introduction in the boss's trunk from holder by means of the charging mechanism;

long-barreled firearms - firearms, length of trunk or total length of which exceed the maximum sizes of short-barreled weapon established by this law;

short-barreled firearms - firearms which trunk does not exceed 30 cm or total length of which do not exceed 60 cm;

the semi-automatic firearms - weapon which after each shot boss automatically is recharged however cannot shoot queue from several cartridges by continuous pressing cock; the concepts belonging to the categories of persons:

the armorer - the physical person or legal entity which received according to the procedure, established by this law, the license for implementation of transactions with weapon and ammunition;

the collector of weapon - person who received according to the procedure, established by the law, the certificate of the collector issued by competent authority, having or intending to become the owner of collection of the weapon which is subject to authorization or declaring according to this law for the purpose of preserving its historical value;

resident of foreign state - person owning the identity document issued by foreign state as that: the passport or the identity certificate by which is confirmed that it has permanent residence or the location in this state;

the shooter-athlete and the firing coach - person having the membership card of the national or international organizations for sports firing, and also person having the testimonial of the trainer on firing;

the hunter - the physical person owning the valid hunting ticket according to the Law on fauna; the concepts relating to document types:

the testimonial of the trainer on firing - the document issued to physical person by which availability at it necessary knowledge and experience for training in firing is confirmed;

the testimonial of the appraiser of weapon - the document issued to physical person by which availability at it necessary knowledge and experience for weapon value assessment according to the legislation is confirmed;

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