Weapons are a dangerous thing, even a child knows this. It can both protect and harm a person. Many people purchase it for security, hunting or collection. For safety, the state wants to keep records of all owners of things that could cause harm to the health of another person. Therefore, only law-abiding citizens who are completely morally healthy and have a stable psyche can own weapons.
Like any property, it can be inherited by law or will. Inheritance of weapons after the death of the owner has strict limits and restrictions. But a testamentary document does not yet give full right to possess this item. First you need to get a lot of documents for permission to own it.
What to do with civilian weapons in the event of the death of the owner
Civilian weapons can be inherited by law or will. However, this does not mean that the heir automatically becomes its rightful owner. He needs to be prepared for the fact that for this he will have to spend his time and money without any guarantees regarding a positive decision on the issue of issuing permits to him. For this reason, many people prefer to hire an attorney or lawyer in this case. The heir can take care of these issues himself if he knows how to draw up documentation for the weapon.
The peculiarity of the corresponding type of property is:
- the obligation of the notary to notify the police about the opening of an inheritance that contains, for example, a gun;
- registration with the Department of Internal Affairs, which must immediately confiscate the weapon and accept it for storage if potential heirs do not have permits;
- illegality of inheritance of combat and short-barreled types;
- impossibility of acceptance in the absence of permits that are registered;
- administrative and criminal liability for violation of treatment standards.
List of nuances
For example, if the deceased had a hunting rifle (rifled variety, smooth-bore and combined type), and one of the heirs has the appropriate permission to store it.
Most likely, the gun is in a safe that has not been opened, and there is no key to it.
Therefore, in practice, the gun is not confiscated until the inheritance is opened.
The authorities carry out registration or re-registration of such weapons in accordance with federal legislation, which also allows you to register a hunting rifle. The basis for this are documents that can confirm the donation or receipt of an inheritance.
An analysis of the main provisions of the law “On Weapons” and the Civil Code allows us to come to the following conclusions: in recent years, the number of premium weapons in civilian circulation has increased and everything indicates that it will continue to grow. Their type has a great influence on the turnover of award weapons.
As for award weapons in the civilian category and edged award weapons, they can be inherited or sold in accordance with the norms of current legislation.
Are bladed weapons inherited?
Weapons are inherited, including awards, regardless of whether the heir has permits for them . You can also inherit edged weapons .
However, you can actually receive such an inheritance only if you receive the approval of the Department of Internal Affairs in the form of a license and permission within a year after the death of the testator.
Where and how to store it correctly
Until permitting documentation is received, weapons can only be stored at the police station. The law strictly regulates how it must be stored in the house after it is accepted by the heir. It should not be hung on walls or other accessible places. A special metal cabinet (safe) with thick walls, permanently attached to the walls and floor, is required. Ammunition must be stored separately. They may be placed in a separate locked compartment of the safe.
It is good if the heir of the weapon inherits the place of its storage along with the housing of the former owner. In this case, he does not have any unnecessary troubles and costs. Law enforcement agencies have the right to check the storage conditions of weapons at any time.
Violation of the established rules entails the imposition of sanctions provided by law on the new owner of the weapon.
Rules for inheriting awards
The provisions for the inheritance of insignia are established by the Civil Code of the Russian Federation, Article 1185. The conferment of an honorary title itself is personal in nature and cannot be inherited. Realized recognition of merit may be transferred if it is not included in the federal list of awards subject to transfer to the state for safekeeping. According to the decree of 1994, the list of non-inheritable signs includes 14 names. For example, the Ushakov medal or the Order of Courage. Such awards are returned to the awards department under the Office of the President of the Russian Federation.
Distinguished citizens can be awarded during their lifetime or posthumously, which equally establishes their merits. Posthumous awards are made upon transfer of establishing documents and a sign to close relatives of the first line of inheritance.
If the details of fame were irretrievably lost, then duplicates can be made at the request of relatives. It is prohibited to export such property abroad; the carriage of establishing documents is allowed. It is not permissible to wear or sell an insignia belonging to the testator; it can be kept if there are legal grounds for doing so. If the awards are not included in the restrictive list, then inheritance is carried out according to the standard scheme.
How to hand over a weapon to the police for safekeeping
If the potential heir does not have permission and a license, then it is in his interests to immediately hand over the weapon to the police along with ammunition (cartridges) so as not to be prosecuted for its illegal possession. Initially, it is rented out for six months, until the certificate of inheritance is issued.
The police are obliged to store someone else's weapons for no more than 12 months from the date of death of the previous owner. If before the expiration of this period the heir does not provide the police with a certificate, license and permission, then his ownership rights are terminated and the police have the right to sell your firearms. In this case, the heir who has not received a license and permit within the specified period receives the cost of selling the weapon minus the costs of safe storage.
Submission procedure:
- notify the local precinct or district police department at the place of registration of the previous owner about his death;
- visit the police department, where to hand over weapons and ammunition;
- receive a confirmation document.
If the license is expired
The license is valid for six months, and the permit is valid for 5 years. The period for re-registration of an inherited arsenal is 1 year and cannot be extended.
If the heir has expired the license, then he must:
- renew (obtain a new) license if the deadline for re-registration allows;
- give up inherited weapons in favor of monetary compensation.
In this case, it is required to hand over the weapon to the police for safekeeping (upon re-registration) or into state ownership (in case of refusal) and receive reimbursement of the estimated value.
How to become the owner of a rifled hunting rifle
Any citizen, in order to become the owner of a firearm, must obtain a license that will allow him to purchase, store and carry it. Similar things are conveyed quite often now, so the question is very relevant. The most common case is the inheritance of hunting weapons. To obtain a license you will need to complete a number of actions:
- Pass a medical examination and obtain a doctor’s opinion that the citizen is healthy and has no abnormalities. The main signatures on this certificate are placed by a narcologist and a psychiatrist at the place of residence.
- Pay one-time fees for issuing a license.
- Provide 2 photographs and a photocopy of a passport or other document proving the identity and citizenship of the Russian Federation.
- Get a hunting license. To do this, they study hunting rules and safety precautions. To obtain it you need to pay a state fee and membership fee.
- Buy a safe for storing weapons.
But a medical certificate or a safe will not help you obtain a license if the citizen is under 18 years old or has problems with the law. This will also be impossible if he does not have a permanent place of residence (registration).
Weapons by inheritance - how to register them
It is possible to enter into an inheritance six months after the death of the previous owner. Ownership of property appears from the date of issuance of the relevant certificate by a notary. To obtain this document, you must pay a state fee and notary services. The amount of payment depends on the cost of weapons and ammunition.
Their value should be determined as a result of an independent assessment of the weapon.
Registration of the certificate
A certificate of the right to inherit a weapon is issued by a notary on a strict reporting form after studying all the documents on the property. The certificate must indicate the exact name of the gun, pistol, etc. Otherwise, it will be impossible to re-register it in your name.
The received certificate must be submitted to the internal affairs body in order to re-register the weapon in your name. The change of ownership must be registered with the police. However, this does not entail the emergence of the right to acquire, store and wear it from the new owner. These rights appear only with the appropriate license and permission.
Assessment and sample report
When assessing a weapon for inheritance, an expert examination determines its market value.
This procedure is done for a notary - the heir is obliged to receive a document about the value of the gun or other similar item inherited. Afterwards, he can sell the weapon to a third party, transfer it to someone else who also has the right to carry and store it, and renounce ownership by signing papers to destroy the inheritance.
In the report, the appraiser indicates:
- report number, date of its preparation;
- price determination date;
- basis (in this example – entry into inheritance);
- tasks, work goals;
- information about the appraiser;
- type of cost;
- a detailed description of the subject being assessed;
- standards applicable to the object of assessment, justification for their application, list of sources for obtaining such data, possible assumptions;
- a list of steps taken during the evaluation of the product, the outcome of the process, limits, restrictions on the use of the results;
- a list of documents used that establish the qualitative and quantitative characteristics of the subject of assessment, its photo, as well as documents of the appraiser.
Since any weapon is an extremely dangerous item, a well-protected, specially equipped place such as a safe is equipped for its storage in a residential area. The storage area is inspected by the district police officer and the corresponding report is signed.
The procedure for obtaining a license and the required package of documents
Only heirs who have reached the age of majority can obtain a license to purchase, permission to store and carry weapons. They should not have:
- medical contraindications (mental illness, visual impairment, alcoholism, drug addiction);
- unexpunged or unexpunged convictions for intentional crimes;
- prisoner status;
- certain administrative offenses repeatedly committed during the year;
- problems with permanent residence;
- deprivation of the right to purchase weapons.
You need to contact the licensing and permitting service of the Department of Internal Affairs with the following documents:
- statement;
- copy of the passport;
- your photographs;
- medical report;
- document on special training;
- a receipt confirming payment of the state fee (2000 rubles for a license and 500 rubles for a permit).
For a hunting rifle, you must additionally present a hunting license. In addition, it is necessary to equip a place for storing weapons and ammunition with the provision of documents confirming its compliance with legal requirements.
A permit (or refusal) must be issued within 2 weeks, and a license within a month.
Certain points and nuances of inheritance
which requires careful attention and assistance from an experienced specialist
Some people use this right, while others prefer to formalize the inheritance themselves. If you consider yourself to be in the second category, please read the following information carefully and take note.
The need to issue a certificate
Be sure to obtain a certificate of the right of inheritance of weapons from a notary. According to current legislation, without re-registration in your name, you cannot even store a weapon, let alone use it. To re-register, you must submit a package of documents to the territorial bodies of the Ministry of Internal Affairs, which includes a certificate of the right to inheritance.
Remember that drawing up a certificate when inheriting ordinary property is only the right of the heir; in the case of weapons, the right turns into an obligation.
Where and how to store it correctly
As soon as a notary receives an application for the right to enter into an inheritance that includes a weapon, he immediately reports it to the police. From this day until the receipt of a license or permission to use weapons, it must be stored in the territorial bodies of the Ministry of Internal Affairs.
To do this, the heir must contact a special department or the duty station of any police department.
The procedure for obtaining a license and the required package of documents
he needs to complete and receive these documents
To do this, it is necessary to collect and submit the following documents to the territorial bodies of the Ministry of Internal Affairs:
- Application of the established form indicating the exact address and passport details;
- Documents confirming the availability of space for storing weapons and ammunition;
- A medical certificate confirming that the applicant does not have any diseases that would prevent him from owning a weapon. In addition, it is necessary to provide a conclusion from a chemical-toxicological examination, according to which the human body does not contain psychotropic, narcotic substances and their metabolites;
- Certificate of right to inherit weapons.
Inheritance of hunting weapons
The order of inheritance of hunting weapons is the same as in the previous case. The only additional condition is that the heir must have a hunting license.
The procedure for transferring weapons to another person
You can sell and transfer weapons to another person in accordance with the Rules for their sale through legal entities that have the necessary license. You need to take it to a consignment gun store, which will take care of all the formalities. The buyer can only be a person who has a license to purchase weapons of the appropriate type.
There is no procedure for the direct sale by an individual of civilian weapons belonging to him in the legislation. You can issue a deed of gift. In this case, the donor and the donee re-register their arsenal with the police through the personal presence of both.
Changes in legislation
In December 2021, the latest amendments to weapons legislation were adopted. Changes and additions have been made to regulate the circulation of antiques, as well as the display and collection of weapons. The standards for the control shooting procedure have been supplemented. It has been established that the inheritance of weapons of cultural value must be carried out taking into account the restrictions specified in the legislation, the import and export of cultural property and museums. There are also other changes and additions, but they do not concern issues of inheritance.
The procedure for transferring inherited weapons into your own name is quite complicated and it is often easier to abandon such property. However, as practice shows, the presence in the family of relics in the form of ancestral weapons can have a positive effect on the upbringing of the younger generation. In addition, it can be used for its intended purpose or sold. Therefore, the question of the advisability of going through permitting procedures must be decided in each case individually, taking into account a reasonable weighing of all the pros and cons, as well as the presence or absence of the prospect of obtaining a license and permit.
Legislative aspects
As Article 1180 of the Civil Code of the Russian Federation states, weapons and other limited negotiable items can be freely included in the inheritance and inherited by law or by will.
You do not need to obtain any permission to enter into an inheritance. In the matter of weapons, it is very important to distinguish the difference between the right of inheritance (ownership) and the right of use. Modern legislation does not require special permission to obtain ownership rights.
At the same time, the internal affairs bodies are absolutely not obliged to automatically issue you a permit to own and use weapons ; the process of obtaining permits is carried out in the general manner. Registration of weapons as an inheritance involves submitting a package of documents to the territorial internal affairs bodies, and they, in turn, make a decision.
If the applicant is denied the right to use a weapon, it must be transferred to the Ministry of Internal Affairs for disposal within the period established by law (in this case, the right of ownership is irretrievably lost). In this case, an objective assessment of the weapon for inheritance is carried out, the price of which is subtracted from the total cost (the remaining amount is paid to the heir).
We remind you that violation of this rule entails administrative or criminal liability.
