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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of April 23, 2014 No. 293

About approval of the Regulations on the mode of weapon and ammunition of civil appointment

Based on Item and) parts (2) article 3 of the Law No. 130 of June 8, 2012 on the mode of weapon and ammunition of civil appointment (The official monitor of the Republic of Moldova, 2012, Art. No. 222-227, 721) DECIDES: the Government

1. Approve:

Regulations on the mode of weapon and ammunition of civil appointment, according to appendix No. 1;

the list of the orders of the Government which are recognized invalid, according to appendix No. 2.

2. To the central industry bodies of public management to bring the regulations into accord with provisions of this Resolution.

Prime Minister

Iurie Leanca

Countersign:

deputy. Prime Minister, Minister of Economic Affairs

 

Valeriu Lazer

Minister of Internal Affairs

Doreen Rechan

Minister of Finance

Anatol Arapu

Minister of Health

Andrey Usaty

Appendix № 1

to the Order of the Government of the Republic of Moldova of April 23, 2014 No. 293

Regulations on the mode of weapon and ammunition of civil appointment

Section I. General provisions

1. The regulations on the mode of weapon and ammunition of civil appointment (further - the Provision) aim at ensuring uniform application of provisions of the Law No. 130 of June 8, 2012 on the mode of weapon and ammunition of civil appointment (further - the Law).

2. The Ministry of Internal Affairs is the competent authority of the power performing the functions provided in part (3) article 3 of the Law.

3. The authority provided in Item 2, by means of the General inspectorate of police and its special structures at the central and local level authorizes, in the conditions of the Law, the physical persons and legal entities submitting applications for acquisition, ownership and, on circumstances, on carrying and use of lethal weapon, and also ammunition to it, or on making of transactions with it and issues weapons permits or, on circumstances, occupancy permits, exercises control and authorizes traffic in weapons, work of shooting shooting galleries, issues the certificate of the collector of weapon.

4. The authority provided in Item 2, issues the weapons permit or, on circumstances, the certificate of the owner to the physical persons and legal entities satisfying the conditions provided by the Law, and submitting the application for ownership or for use of non-lethal weapon and ammunition to it or for making of transactions with them.

5. Accounting of the physical persons and legal entities authorized according to Items 3 and 4, of the weapon and ammunition which are in their ownership and also transactions with them is conducted by the General inspectorate of police through its specialized structure at the central level which keeps the State register of weapon.

6. In this Provision the following concepts mean:

1) perimeter of shooting shooting gallery - all zones of shooting shooting gallery, respectively, acceptance zone, zone of preparation and active zone (the shooting field);

2) acceptance zone - the zone in which weapon and ammunition are closed in special containers (safes, covers, cartridges) where weapon is discharged, delivered on safety lock and is stored separately from ammunition which, in turn, is closed in special containers (metal, plastic or wooden boxes);

3) preparation zone - zone in which weapon can be taken from special containers under obligatory supervision of personnel of shooting shooting gallery. Weapon is discharged, delivered on safety lock and is stored separately from the ammunition which is in special containers, and their carrying is performed according to specific rules of shooting shooting gallery;

4) active zone (firing line) - the zone in which, under obligatory supervision of personnel of polygon, the weapon can be loaded by ammunition is performed aiming on the appointed purposes and it is possible to open fire by order of the head of firing and after the correct identification of target by each shooter proves to be true;

5) the safety area - the territory around active zone of shooting shooting gallery expanded deep into and on the parties, in which possibly accidental fall of the bullets coming from ricochets or from mistakenly directed direct fire. In this zone human activities - agricultural industry, pasturage of animals, forestry are resolved, but throughout firing it is necessary to block access for people or animals. In this zone there shall be no residential buildings of any type, temporary or permanent, but availability of non-residential industrial structures as structures is allowed to irrigating systems, etc.;

6) axis of shooting shooting gallery - longitudinal axis of shooting shooting gallery which determines the general direction of firing. In external shooting shooting galleries the axis of polygon shall be directed to non-residential zones and, it is desirable, is oriented to the North (alternation "the North - the North East" or "the North - the North West);

7) firing distance - distance from the line of fire to pulepriyemny shaft (the closing wall);

8) pulepriyemny shaft or the closing wall - the main means of safety of open shooting shooting gallery (shooting range), according to internal, being directly behind the line of targets and is perpendicular to axis of shooting shooting gallery. Shooting shooting galleries in which exclusively smooth-bore weapon with ammunition in the form of case-shot is used do not need this remedy. Use of single shot smooth-bore weapon is allowed only in the shooting shooting galleries equipped for use of bullet weapon;

9) intermediate puleperekhvata - secondary security aids, natural or constructed in external shooting shooting galleries, in case of intermediate distances of firing. They are not obligatory, but their availability, and also their geometrical characteristics, can determine reduction of the safety area as they reduce the ricochets coming from contact of bullets with the earth. The minimum admissible height constitutes m 0,7;

10) puleulavlivatel - the special structure or construction of shooting shooting galleries placed directly behind the line of targets, intended for catching of direct strokes or close ricochets. In case of open shooting shooting galleries it is made of tree and filled with sand or equipped in the form of ruts in the natural slopes filled with the friable earth or sand necessary only in cases when the maximum distance between target and puleulavlivatel cannot be less than 3 meters. In case of the covered shooting shooting galleries this construction is combination of the different constructed elements, according to specific requirements;

11) parapet or side walls - differentiate on the parties open shooting shooting gallery, respectively internal, or different active zones (izletny fields) among themselves, within big active zone;

12) puleperekhvata - the safety structures placed over active zone at certain distance which are intended for interception of bullets in the vertical plane or for reduction of useful corners of shooting shooting gallery for concentration of fire at certain zones. Puleperekhvata are not characteristic of natural open shooting ranges;

13) shot corner - corner in the vertical and horizontal planes in which bullets disperse thanks to the tolerances arising in case of production of weapon and ammunition and also errors, admissible in aiming;

14) angle of sight - corner in the vertical plane between surface of shooting shooting gallery and the line of aiming in case of which weapon is directed to target and is ready to firing;

15) the angle of return - corner under which weapon in the vertical or horizontal plane to the line of aiming when weapon is aimed at target, as a result of explosion of warhead moves;

16) critical angle - the corner including shot corner, angle of sight and the angle of return at the time of shot characteristic of any type of weapon which determines in a direct and decisive way the sizes and geometry of security aids. Critical angles have the following values: for short-barreled weapon: 8 degrees (142 thousand.); for long-barreled weapon with mechanical sight of standard type (front sight - cut sight): 4 degrees (71 thousand.); for long-barreled weapon with riflescope with the maximum increase in 6kh or for long-barreled sports weapon with mechanical sight like "competition" (dioptric tunnel front sight): Degree 2,25 (40 thousand.); for long-barreled weapon with riflescope with increase more than in 6kh: Degree 1,25 (22 thousand.);

17) corner limiters - the complex governed also procedures for manipulation weapon in active zone of shooting range (open natural shooting shooting gallery), and also the marking of side and vertical limits of the shooting sector, portable devices intended for restriction of horizontal corners, sometimes and vertical not to allow exceeding of critical angle on shooting ranges;

18) admissible errors - the errors included in critical angle. These errors are known, kvantifitsirovana also are supported at the acceptable level by the technical solutions made in case of the choice of the sizes of security aids combined with acceptable level of training of shooters and respect for discipline in shooting dash;

19) inadmissible errors - intentional variations from the procedure of manipulation weapon and ammunition in any zone of perimeter of shooting shooting gallery of exclusively human nature. They represent the main form of violations of safety of shooting shooting galleries, generally when firing in the prohibited directions, in case of abnormal corners or with big variations of systems of aiming. The single method of suppression of such variations is conscious and responsible observance of safety rules for shooting dash.

Section II. Procedure of issue to physical persons of permissions to acquisition, ownership, carrying and use of weapon and ammunition of civil appointment

7. For receipt of permission to acquisition of the lethal and non-lethal weapon which is subject to authorization, the citizen of the Republic of Moldova with the permanent residence in the Republic of Moldova who wishes to become the owner of right of possession or, on circumstances, on carrying and use of weapon, shall provide to authorized service of the General inspectorate of police or, on circumstances, in case of smooth-bore weapon, to authorized service of inspectorate of police at the place of residence of the applicant, the document package containing the following documents certifying accomplishment of the conditions provided in parts (1) and (2) article 7 of the Law:

1) the standard statement which sample is provided in appendix No. 1;

2) the identity certificate of the applicant in the original and the copy;

3) the medical certificate issued no more than in 12 months prior to filing of application from which follows that it is capable, from the medical point of view (the narcological and psychiatric conclusions), for ownership and use of lethal weapon and ammunition;

4) the certificate of passing of theoretical and practical course of the training in ownership of firearms organized by the authorized legal entity in the original and the copy;

5) the conclusion about psychological state which recognizes that the applicant is capable to have in ownership, to carry and use the firearms and ammunition to it issued by the psychologist no more than in 12 months prior to filing of application;

6) 1 color photo 10 x 15 cm;

7) the proof of payment of the rates provided in appendix No. 2 to the Law;

8) the certificate of the hunter in the original and the copy issued by the hunting organization, legally effective in the Republic of Moldova on the fowling piece, on circumstances;

9) the certificate of the trainer on firing or biathlon or the certificate of federated member, association or sports club on firing or biathlon, in the original and the copy, on small arms from category long-barreled, on circumstances;

10) the conclusion about storage conditions and safety of weapon and ammunition at home issued by representatives of police agency or, on circumstances, association, federation or sports club to which belongs;

11) the verified copy of the final decision issued by competent legal authority from which follows that the applicant is not in one of the situations provided in Items and), b), e) - g) parts (2) Articles 7, on circumstances;

8. The document provided in the subitem 10) of Item 7 can be represented after decision making about issue of permission to acquisition of the lethal and non-lethal weapon which is subject to authorization, body for consideration of the application of the citizen.

9. In departure from provisions of subitems 3)-5) of Item 7, the person which is working in system of bodies of public management and having powers in the field of national defense, state security and public order, allocated with office lethal weapon can prove accomplishment of the conditions provided in Items c) - е) part (1) article 7 of the Law, presentation of the official ID or, on circumstances, the certificate issued by the employer.

10. Person which is in one of the situations provided by parts (1) or (2) article 10 of the Law, prolongation of permission to acquisition of weapon or, on circumstances requests, issue of new permission, without the need for presentation of other documents.

11. The statement constituted in accordance with the terms, provided in Items 7-10, is considered by authorized service of the General inspectorate of police or territorial authority of police till 30 days of date of filing of application.

12. Till 30 days of date of filing of application competent authorities of police shall check accomplishment of the conditions provided in parts (1) and (2) article 7 of the Law, based on the documents filed by the applicant, and also data and information containing in own accounting.

13. If during special checks competent authorities of police are determined that additional documents or information are necessary for check of accomplishment of the conditions provided by the Law, they can demand from this person of presentation of the document provided by the subitem 11) of Item 7.

14. In the situations provided in Items 8 and 13 of this provision the 30-day term provided in Item 11, stops for 10 days of date when requirement about submission of additional documents and information is imposed on this person or to him it was reported that it does not satisfy the conditions provided by parts (1) and (2) article 7 of the Law. Within 10 days the applicant shall provide necessary information or the proof of providing storage conditions and safety of weapon. In case of non-presentation of information the competent authority of police rejects the statement.

15. For establishment of accomplishment of storage conditions and safety of weapon, representatives of competent authority of police or association, federation or sports club which the applicant treats can perform checks only after the preliminary notice and with the consent of the applicant at home.

16. If document package, provided in Item 7, and also results of other checks executed by police agencies meet all requirements provided by the Law, the competent authority of police issues on one permission to acquisition which sample is provided in appendix No. 2 to this Provision, for each weapon concerning which the application is submitted. Otherwise, the police agency reports in writing the applicant of reason for rejection of the statement.

17. The unreasonable refusal of the applicant to submit documents or to give information provided in Item 13, or to resolve conducting the checks provided in Item 15, can form the basis for variation of the statement for issue of permission if thus it is impossible to establish accomplishment of the conditions provided by parts (1) and (2) article 7 of the Law or, on circumstances, storage conditions and safety of weapon.

18. The decision of competent authority, stipulated in Item 17, can be protested by the applicant according to conditions of the Law No. 793-XIV of February 10, 2000 on administrative court.

Section III. The procedure of certification about the termination of rates of theoretical and skills training in the field of weapon and ammunition

19. Persons submitting the application for issue of permission to acquisition of the lethal and non-lethal weapon which is subject to authorization shall take previously the courses of theoretical and skills training provided in Item b) parts (1) article 7 of the Law, respectively, to pass examination upon termination of rates, according to the conditions provided by this Provision.

20. On rates, stipulated in Item 19, only persons which reached age 21 years are allowed.

21. The proof of accomplishment of the conditions provided in Item 20, is submission of the identity certificate.

22. For revenues to the rates provided in Item 19, the applicant shall submit the documents specified in subitems 2) and 3) of Item 7.

23. Upon termination of rates cadets take final examination which consists of two tests, namely:

1) the theoretical test in case of which delivery development of knowledge in the following areas is checked: legislation on the mode of weapon and ammunition of civil appointment, and also on self-defense and on need condition; first-aid treatment; components and method of functioning and use of weapon and ammunition of civil appointment;

2) the practical test in case of which delivery the main skills on use of weapon, respectively, to preparation of weapon for firing, observance of line item of firing, personal reaction to discovery of fire and method of protection of weapon are checked.

24. Results of examination join in the protocol signed by members of examination committee where the points got according to two tests and also their arithmetic average value in the form of assessment from 1 to 10 balls register, respectively "handed over" the note if the received assessment constitutes at least 7 balls, or "did not hand over" if assessment less 7, about what is reported to the participant of examination on the same day.

25. If the candidate was not on examination for predefined date, it is entered in the protocol provided in Item 24.

26. The candidate who did not pass final examination can protest result within 5 days after passing an examination. Appeal is considered by the new commission in which persons who established initial assessment cannot participate, and the result is entered in the protocol which is constituted on the same conditions.

27. The method of establishment of assessment provided in Item 24, and also method of forming of examination committee and commission on consideration of appeals are regulated by internal regulations of the organizer which are approved with the General inspectorate of police.

28. The certificate of the termination of rates of theoretical and practical preparation on ownership of firearms is issued to the cadet who passed final examination in accordance with the terms of Item 23, by legal person organizer. The sample of the certificate is provided in appendix No. 3. The document is signed by the director of rates and is fixed by seal of the organizer.

29. Person who did not hand over or was not on examination has the right to participate in new examination on the conditions provided in Item 23, within no more than 12 months according to the plan established by the organizer without the need for repeating of preparatory rate.

30. Person who was not for re-examination or did not pass examination can take examination only after passing of new preparatory rate in accordance with the terms, provided in Item 19.

Section IV. Acquisition and alienation of weapon and ammunition. Entering of records into the weapons permit and its issue

31. The owner of permission to acquisition of weapon can acquire at any armorer licensed in the field of sale of weapon and ammunition of civil appointment the gun or, on circumstances, trunk from category for which he is authorized, during document expiration date.

32. In the case provided in Item 31, the armorer shall write down all data provided on the back the document in permission to acquisition.

33. Person who acquired, on the terms of the Law, the lethal or non-lethal weapon which is subject to authorization or trunk for such weapon shall within 10 days from the moment of acquisition be in the body which issued permission to acquisition of weapon for receipt of the weapons permit.

34. In the case provided in Item 33, competent authority checks the following within 10 days:

1) authenticity of the documents submitted by the owner of weapon;

2) compliance of the acquired weapon or trunk of category or to type for which permission to acquisition of weapon is issued;

3) compliance of series and number put on weapon or on trunk, this in accompanying documents;

4) availability of this weapon in the State register of weapon;

5) if permission to acquisition is filled on the back as appropriate.

35. If as a result of the checks provided in Item 34, violations or obstacles are not found, the competent authority of police issues the weapons permit of type A which sample is provided in appendix No. 4, if person has the occupancy permit the acquired weapon or the weapons permit of type B which sample is provided in appendix No. 5, if person is authorized to carry and use weapon, writing down weapon in the relevant document, and also caliber of ammunition which the applicant can own.

36. The reserve trunk registers in the weapons permit.

37. In case of detection of violations or obstacles, the competent authority takes necessary measures for clarification of the stated discrepancies or, on circumstances, refuses issue of the weapons permit and makes the decision on storage of weapon in police agency, depending on situation, opravdayushchy this refusal.

38. For alienation of weapon by donation, the donator represents the agreement on donation in 3 copies, weapon, and also the weapons permit to the armorer having the license for sale of weapon of this category or, on circumstances, to authorized service of the General inspectorate of police or to police agency at the place of residence of the donator.

39. The body provided in Item 38, certifies the agreement on donation and transfers one copy to the donator, and the second copy together with root of the receipt on acceptance of weapon - to the receiver.

40. For receipt of the weapons permit provided in Item 38, the receiver of gift shall undergo the procedure of receipt of the weapons permit provided in Items 7-18 and 35-37.

41. If the receiver of gift did not provide the weapons permit within 6 months for receipt of the presented weapon, the body provided in Item 38, transfers weapon to territorial authority of police.

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