ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of August 3, 2000 No. 1176

About measures for implementation of the Law of the Republic of Kazakhstan "About the state control of turnover of separate types of weapon"

In pursuance of the Law of the Republic of Kazakhstan of December 30, 1998 "About the state control of turnover of separate types of weapon" the Government of the Republic of Kazakhstan DECIDES:

1. Approve enclosed:

1) Rules of traffic in weapons and cartridges to it in the Republic of Kazakhstan;

2) No. 53 is excluded according to the Order of the Government of the Republic of Kazakhstan of 04.02.2016

3) No. 429 is excluded according to the Order of the Government of the Republic of Kazakhstan of 24.06.2019

4) No. 53 is excluded according to the Order of the Government of the Republic of Kazakhstan of 04.02.2016

2. To provide to the Ministry of Internal Affairs of the Republic of Kazakhstan the organization and implementation of the state control of turnover of civil and office weapon and cartridges to it.

3. To provide to the agency of the Republic of Kazakhstan for health care carrying out medicobiological and chemical analysis testing of cartridges of traumatic action of fire smooth-bore long-barreled, fire acormose and gas weapon.

4. To the Ministry of Internal Affairs of the Republic of Kazakhstan in coordination with the Ministry of Finance of the Republic of Kazakhstan to introduce the draft of the order of the Government of the Republic of Kazakhstan about approval of the amount of one-time charges for issue of the permissions provided by the Law of the Republic of Kazakhstan "About the state control of turnover of separate types of weapon" in a month.

5. To the agency of the Republic of Kazakhstan for health care to develop and approve regulations of admissible impact per capita of the striking self-defense weapon factors in a month - traumatic action, fire smooth-bore long-barreled with cartridges, fire traumatic, gas and light-sound action, acormose with cartridges.

6. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix.

7. This resolution becomes effective from the date of signing and is subject to publication.

Approved by the Order of the Government of the Republic of Kazakhstan of August 3, 2000 No. 1176

Rules of traffic in weapons and cartridges to it in the Republic of Kazakhstan

1. General provisions

These rules according to the Law of the Republic of Kazakhstan "About the state control of turnover of separate types of weapon" regulate traffic in weapons and cartridges to it, including production, 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 and export from the Republic of Kazakhstan.

 Chapter 2.

It is excluded

2-1. Procedure for acquisition of civil and office weapon and cartridges to it legal entities

3-1. Weapon and cartridges to it, held for use the organizations when implementing of the tasks assigned to them by the legislation and provided by their charters (provisions) for protection of life and health of citizens, property, on protection of objects of the environment and natural resources, valuable and dangerous goods, special correspondence, can be acquired at legal persons suppliers after receipt of permission to its acquisition in law-enforcement bodies.

3-2. For registration of permission the legal entity on acquisition of weapon and cartridges to it needs availability:

1) statements of the legal entity for receipt of permission to acquisition with indication of:

the information about persons having access to weapon, with appendix of complete biographical particulars, cadastral number of specially equipped rooms for storage and (or) the realization of weapon and the cartridges to it meeting the requirements for technical reinforcement and equipped with means of the fire and security alarm system according to the requirements stated in Items 7-9 of these rules;

2) copies of the lease agreement of specially equipped rooms for storage and (or) the realization of weapon and the cartridges to it meeting the requirements for technical reinforcement and equipped with means of the fire and security alarm system according to the requirements stated in Items 7-9 of these rules;

3) the medical certificate about lack of contraindications to ownership of weapon on persons having access to weapon;

4) certificates of check of knowledge of rules of safe handling of weapon on persons having access to weapon;

5) the order on appointment of person responsible for acquisition and safety of weapon and cartridges to it;

6) the agreement (contract) for delivery or acquisition of weapon and (or) cartridges to it with indication of specific types and models of the delivered weapon and ammunition and their quantity (for the legal entities performing import of weapon), or the agreement (contract) of purchase and sale of weapon and cartridges to it (for the legal entities performing arms trade in the territory of the Republic of Kazakhstan);

7) the conclusions of authorized body in the field of health care about weapon compliance with cartridges of traumatic action and electric weapon to the established regulations of admissible impact per capita the striking factors of the specified weapon (in case of intention of its acquisition by the organization performing arms trade);

8) the internal affairs approved with territorial departments (for smooth-bore weapon) and (or) the Ministry of Internal Affairs (for cut weapon) forms of data on the available and potrebny quantity of weapon and cartridges to it according to appendix 17 to these rules (for legal entities with singular authorized problems).

The responsible of police performs reconciliation of the data provided in the statement with the state information systems for lack of criminal record at persons having access to weapon and cartridges to it, availability of rooms for storage and (or) realization of weapon and cartridges to it and the rights to acquisition of weapon and cartridges to it according to article 12 of the Law of the Republic of Kazakhstan of December 30, 1998 "About the state control of turnover of separate types of weapon".

In the presence of the documents listed in this Item and compliance provided in the statement of data of information from the state information systems, permission to acquisition of civil and office weapon is issued to the legal entity.

3. Procedure for storage of office weapon and cartridges to it

4. The legal entity within 7 days from the date of acquisition of weapon gets in law-enforcement body permission to its storage according to appendix 11 to these rules.

5. The law-enforcement body in case of registration of weapon issues permission to storage of this weapon for a period of five years based on the documents confirming legality of acquisition of weapon.

6. The basis for issue of permission to storage of weapon is the petition of the head of the organization in which data are specified:

about quantity of the acquired weapon (type, type, model, system, caliber, number, year of release of each unit);

about person responsible for storage and use of weapon, and also persons having access to weapon including about workers of protection (surname, name, middle name, birth date and birth place), the medical certificates about lack of contraindications to ownership of weapon established by authorized body in the field of health care, the certificate of check of knowledge of rules of safe handling of weapon and of lack of criminal record.

To the petition the copy of the order of the head of the organization on appointment of person (persons) responsible for safety of weapon and cartridges joins it.

When opening the new object intended for storage of weapon the acts of suitability of the room intended for storage of weapon, constituted by representatives of law-enforcement bodies, bodies of the public fire service, sanitary and epidemiological surveillance join the petition.

7. Office weapon and cartridges to it are stored in specially equipped storage which shall meet the following requirements:

1) to be isolated from other utility, service premises, to have main walls, strong ceiling overlappings and floor. Internal walls (partitions) shall be equivalent on durability to the coupled gipsobetonny panels 80 mm thick everyone, with the steel lattice laid between them or the brick wall at least 120 mm thick reinforced by the metal gauze. In earlier built buildings the partitions from boards strengthened by steel lattices are allowed;

2) to have two doors, at the same time outside - clapboard odnopolny at least 40 mm thick, upholstered from two parties with the zinced roofing steel with bend of sheet edges on door end face, internal - trellised steel.

The outside door shall be locked on two internal locks and be sealed or sealed up, the inside trellised door to be locked on internal or the padlock.

The frame of doorway of the weapon room (door box) is carried out from steel profile. In earlier built buildings the wooden boxes strengthened by angle-piece of 30х40 mm in size, at least 5 mm thick, built in in wall by at least than ten probes from reinforcing steel with a diameter of 10-12 mm are allowed;

To have 3) on window openings from the inside of the room or between frames steel lattices. In the rooms located on the first floor, window openings are equipped internal metal or wooden, upholstered from two parties with galvanized steel, sun blind. The ends of rods of lattices are closed up in wall on depth at least 80 mm and filled in with concrete. Sun blind of window openings shall be locked on padlocks.

The lattices established in door, window openings and for strengthening of walls (partitions) are carried out from steel rod with a diameter at least 15 mm. Rods cook in each cross hairs, forming cells no more than 150х150 mm;

4) to be equipped in two and more boundaries with the security fire alarm executed by the blind entry to power supply guard with the installation of sensors at windows, doors, hatches, walls, ceilings, floors working on opening or hacking of safes, cases where weapon and cartridges, and also on appearance of the person indoors are stored. These rooms shall be transferred under protection with connection of the alarm system to panels of centralized observation of the firms operators having portable workplaces in control rooms of law-enforcement bodies. Laying of loops of the security alarm system in pipes only indoors on steel concrete and concrete building constructions is allowed.

5) in the presence of ventilating windows, hatches on them the steel lattices with cells no more than 100х100 mm in size excluding possibility of penetration through these systems shall be established. The openings in walls intended for passing of engineering networks shall have diameter no more than 200 mm;

6) in the room for storage of weapon and cartridges to it it is necessary to have fire-proof means, the belongings list in which the quantity of cases, metal boxes with indication of their numbers is entered and by what seal they are sealed;

7) from the weapon room and metal cases (safes) with weapon and cartridges there shall be two sets of keys.

One set of keys resides at person responsible for safety of weapon and cartridges to it, the second - in sealed case at the head of the organization addressed to whom permission to storage is issued.

It is forbidden to leave keys from the weapon room, metal cases (safes) with weapon and cartridges in tables and other places, available to strangers.

8. Weapon and cartridges shall be stored in metal cases (safes) which thickness of walls shall be at least 3 mm with reliable (at least two) internal locks. Doors of cases for durability become stronger steel slips or squares. On doors of cases from the inside there shall be inventory of weapon according to numbers, except as specified its storages in weapon repair shops. Storage of weapon in heavy safes, weighing at least 700 kg, having one internal lock is allowed.

9. Joint storage with weapon and cartridges of other objects, except for pneumatic weapon, special means, radio stations and dosimetric devices which can be stored in the fenced-off steel lattice of part of the weapon room is forbidden. Cartridges to weapon shall be stored in metal box, separate of weapon, case.

The cleaning cloth, oil and alkali, accessories to cleaning and lubricant of weapon are stored in the place specially allotted for this purpose, separately from weapon and cartridges.

10. In managements, departments, branches of banks weapon and cartridges are stored in steel concrete storage rooms. In the absence of storage rooms storage of weapon and cartridges is allowed to it (in the presence of the security alarm system removed on the panel of centralized observation) in the steel concrete internal or built-in cases (cash desks) or heavy safes weighing at least 700 kg. In communication centers, in courier service, divisions of special communication storage of weapon and cartridges in the presence of the autonomous alarm system and heavy safes weighing at least 700 kg is allowed.

11. In case of lack of the room for storage of office weapon and cartridges of the organization to it can use the equipment of Items of centralized storage. Such Items can be created based on sports society "Dynamo", the private security organizations on contractual basis. Weapon and cartridges are stored in Item of centralized storage according to the procedure, established in Items 7-9 of these rules. Transfer of weapon on Item of centralized storage is drawn up by the act. For each organization storing there weapon and cartridges to it separate metal cases or boxes shall be allocated.

12. Firearms and cartridges (including not reduced inventory) are stored in groups (teams) of the militarized protection according to the requirements stated in Items 7-9 of these rules.

In case of impossibility of the equipment of the weapon room the alarm system with conclusion to the panel of centralized observation, it is equipped with the autonomous alarm system with installation of sensors on walls, ceiling, window frames with its conclusion, in addition to the guard house (protection post), on the next armed post.

13. The cartridges spent for the educational purposes (practical firing practice), at sports competitions or as a result of use of weapons during service, and also lost are written off under the act with familiarizing of distributing and delivery sheets, and in necessary cases of materials of office investigation about the reasons of use of weapons or loss of cartridges. The statement is drawn up no later than the following, after carrying out firing practice, day, affirms the head of the organization and shall be stored at person responsible for safety of weapon. About write-off of cartridges the corresponding marks in the book of accounting of weapon become.

14.  No. 1198 is excluded according to the Order of the Government of the Republic of Kazakhstan of 14.11.2014

15. In coordination with law-enforcement bodies storage of office cut and long-barreled smooth-bore weapon (carbines, rifles, guns, revolvers, guns) and cartridges is allowed to it at the place of residence of engineers on protection and protection of the wood, forest wardens, masters of the wood, foresters, the state inspectors (huntsmen), game managers, inspectors performing direct protection, protection of sites of the state forest fund and objects of fauna, huntsmen of hunting and fish farms.

At the same time the firearms to be stored according to requirements of Item 91 of these rules.

For long absence (over ten days) of the engineer on protection and protection of the wood, the forest warden, the master of the wood, the forester, the state inspector (huntsman), the game manager, the inspector performing direct protection, protection of sites of the state forest fund and objects of fauna, the huntsman hunting and fisheries (business trip, leave, treatment, passing of military service), weapon is given to the weapon room of the organization to which permission to storage of this weapon is issued.

4. Accounting treatment for office weapon and cartridges to it

16. In the organizations storing and using weapon, accounting of office weapon and cartridges to it is conducted in the book of accounting of weapon and cartridges to it in the organizations storing and using weapon according to appendix 18 to these rules, and the magazine of issue and acceptance of weapon and cartridges to it, according to appendix 19 to these rules which are numbered, proshnurovyvatsya and sealed special territorial authority of internal affairs with print "Licensed authorization system.

17. Office weapon, unsuitable to further use, and cartridges to it are given the organizations on warehouses HOZO of Departments of internal affairs of areas, cities of Almaty, Astana and on transport (further - DVD(T) for further destruction. Rules of destruction are determined by authorized body in the field of control of traffic in weapons.

Note. Suitability to use of weapon is determined by the technical commissions of the specified divisions of Department of Internal Affairs.

The office weapon and cartridges, excessive, but suitable for further use, to it belonging to the organizations are transferred or on sale in other organizations only for permission (direction) of the law-enforcement body which issued permission to its storage.

18. Responsibility for condition of accounting, storage and the correct use of weapon and cartridges to it are born by heads of the organizations, and in groups of the militarized protection - chiefs of groups (divisions) which in cases of plunder or loss of weapon or cartridges to it shall report immediately about it in territorial authority of internal affairs and take measures to their search.

19. The office firearms with rifle barrel are subject to obligatory control shooting. The shot bullets and sleeves are stored in services of arms of DVD(T).

Control shooting are made by law-enforcement bodies, frequency of shooting - 5 years. For their carrying out the organization provides transportation of weapon to the place of shooting.

Storage, accounting and use of military person-portable small arms and cartridges to it, and also cold weapon are determined according to the legislation.

5. Procedure for transfer of office weapon and cartridges to it

20. The legal entities specified in subitems 2) – 8), 11) article 12 of the Law of the Republic of Kazakhstan "About the state control of turnover of separate types of weapon", by reorganization or liquidation can give civil and office weapon and cartridges to it to the subjects having permission to their acquisition.

The legal entities who gave weapon or cartridges in seven-day time in writing report about it in law-enforcement body in which weapon stays on the registry, having specified quantity, brand, caliber and number of each unit of the transferred weapon, quantity, brand, caliber of cartridges. Documents based on which transfer is performed are attached to the message permission to storage of weapon for its renewal, and also.

Legal entities with singular authorized problems, subjects of security activities in coordination with law-enforcement bodies can give the civil and office weapon which is available for them on balance to the branches (representations), irrespective of their territorial accessory (further – branches, representations).

Storage of weapon by branches and representations is performed according to requirements of Section 3 of these rules.

For issue of permission to storage of weapon and its registration behind branch and representation by the legal entity the filled form of data on the available and potrebny quantity of weapon and cartridges to it according to appendix 17 to these rules is submitted in law-enforcement bodies for review. Obtaining by branch and representation of permission to acquisition of civil and office weapon is not required.

Temporary export for implementation of activities for the territory of servicing of the law-enforcement body which registered weapon is performed by the legal entity without registration of weapon in the place of export and approval of the available and potrebny quantity of weapon and cartridges to it.

At the same time the legal entity provides execution of requirements for storage of office weapon and cartridges to it according to Section 3 of these rules.

Issue of permissions to storage and carrying office weapon is performed by the law-enforcement body which registered it.

The republican sports organizations in coordination with law-enforcement bodies can transfer the sports weapon which is available for them on balance to the regional sports organizations.

At the same time the regional sports organizations get in territorial authority of internal affairs permission to acquisition of civil and office weapon and cartridges to it.

In other cases civil and office weapon and cartridges to it for the purpose of its transfer from one legal entity to another irrespective of their departmental accessory is implemented in the direction of law-enforcement body through the specialized shop trading weapon.

21. Heads of the organizations (legal entities with singular authorized problems) give weapon to staff employees of the organizations for execution of the functions by them. Weapon is issued the field of passing by workers of the corresponding preparation. These workers shall undergo recurring inspection for suitability to actions in the conditions connected using firearms and have permissions of law-enforcement bodies to storage and carrying office weapon.

6. Approval procedure on the right of carrying office weapon and cartridges to it

22. DVDS (T) according to petitions of heads of the organizations issue permissions to storage and carrying office weapon to employees of these organizations specified in appendices 2, of 4, of 6, 7-1, 7-2, 9 and 10 to these rules.

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