Is there a prison sentence for illegal possession of firearms?

1. Illegal acquisition, transfer, sale, storage, transportation or carrying of firearms, their main parts, ammunition (with the exception of civilian smooth-bore long-barreled weapons, their main parts and cartridges for them, limited-kill firearms, their main parts and cartridges for him) - punishable by restriction of liberty for a term of up to three years, or forced labor for a term of up to four years, or arrest for a term of up to six months, or imprisonment for a term of up to four years with a fine in the amount of up to eighty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to three months or without it.

2. The same acts committed by a group of persons by prior conspiracy are punishable by imprisonment for a term of two to six years with or without a fine in the amount of up to one hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months.

3. Acts provided for in parts one or two of this article, committed by an organized group, are punishable by imprisonment for a term of five to eight years with a fine in the amount of one hundred thousand to two hundred thousand rubles or in the amount of the wages or other income of the convicted person for the period from one year to eighteen months or without it.

4. Illegal sale of civilian smooth-bore long-barreled weapons, firearms of limited destruction, gas weapons, edged weapons, including throwing weapons, is punishable by compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of one to two years, or restriction of liberty for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of three to six months, or imprisonment for a term of up to two years with a fine of up to eighty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to six months or without it.

Note. A person who voluntarily surrenders the items specified in this article is exempt from criminal liability under this article. Their seizure during the detention of a person, as well as during investigative actions to detect and seize them, cannot be recognized as voluntary surrender of the items specified in this article, as well as in Articles 222.1, 223 and 223.1 of this Code.

What is meant by illegal possession of weapons?

All items related to weapons are divided into three categories: combat, service and civilian. The owners of the first two can only be legal entities and government agencies. Ordinary people have the right to purchase, store and transport certain types of firearms used for self-defense, sports, hunting, and also for educational purposes.

Traumatic weapons that cause limited damage are also firearms. It is subject to the same rules as other types of weapons.

In order to legally possess weapons, citizens are required to undergo special training and obtain the appropriate license from the OLRR at their place of residence. Before purchasing, you must obtain permission to complete the transaction there. After purchasing a pistol, carbine or limited-kill device from a specialty store, it must be registered with the same government agency where the permit was obtained. Purchase and sale transactions between individuals are carried out at the licensing authority.

If these rules are not followed or the weapon was obtained illegally and is secretly hidden, then its possession and carrying is considered illegal. This threatens with imprisonment and large fines, since the issue is about the safety of citizens of the Russian Federation.

Note!

If a person accidentally discovered an unregistered weapon, but did nothing to take possession of it, then no punishment will follow.

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What bladed weapons are prohibited?

The article of the Criminal Code of the Russian Federation on the carrying of edged weapons prohibits the circulation as service weapons, including civilian weapons, of boomerangs, shurikens, brass knuckles, flails, as well as other objects specially adapted for use as weapons with throwing and impact-crushing action. In Russia, according to Article 6 of the weapons law, the circulation of the following weapons as service weapons, including civilian weapons, is prohibited:

• knives and bladed weapons, blades and blades have a length of more than 90 mm:
• are removed from the handle automatically by pressing a button or a special lever, and are also fixed by them;
• are extended using accelerated movement or gravity, and are also locked automatically.

Article for illegal storage, carrying and transportation of firearms in the Criminal Code of the Russian Federation

Punishments for illegal actions are established in Art. 222 of the Criminal Code of the Russian Federation. It does not include: civilian long-barreled, smooth-bore and limited-destruction weapons. The extent of responsibility for a crime depends on the circumstances, as well as:

• type of weapon. Illegal possession of military models by a civilian is considered a more serious offense than concealment of a hunting carbine or sporting rifle. The design of the barrel also plays a role. Rifled weapons are more dangerous than smooth-bore weapons because they have a longer sighting range;
• number of weapons. The presence of an entire arsenal indicates a deliberate and planned crime;
• involvement of weapons in previously committed crimes. If illegal actions were carried out with its help, then it was clearly acquired illegally.

For illegal storage, carrying and transportation of traumatic weapons, the violator will bear administrative liability. Criminal prosecution is possible if such a device was used to cause harm to health or commit murder.

Distinctive features of edged weapons

Melee weapons have the following distinctive features:

• blade length is over 90 mm;
• blade thickness is over 2.4 mm;
• the angle of convergence of the butt and blade is no more than 70 degrees;
• the blade roll is no more than 9 mm;
• steel hardness is at least 25 Rockwell;
• the blade penetrates to a depth of at least 20 mm;
• there is a pronounced limiter for the fingers;
• the tip of the blade, which is convenient for stabbing in the presence of the other above point;

Edged weapons can be recognized as such only based on the results of certification or forensic examination. Punishment for carrying a bladed weapon may occur in the absence of a permit.

What is the sentence for illegal possession of weapons and ammunition?

For such actions, the Criminal Code of the Russian Federation provides the following penalties:

• When a crime is committed by one person, he faces restriction of freedom for up to 3 years, forced labor for 4 years, or arrest for 6 months. In the most serious cases, the accused can be imprisoned for up to 4 years. At the same time, the convicted person may be required to pay a fine of 80 thousand rubles. or in the amount of his income for a period of up to 3 months;
• If the offense is committed by several persons by prior agreement, then each of the group members will be imprisoned for a period of 2 to 6 years. Also, for illegal possession of firearms, you may be required to pay a fine for illegal storage of firearms in the amount of 100 thousand rubles. or in the amount of earnings for a period of up to 6 months.
• Illegal possession of firearms and ammunition by an organized group entails a penalty for each member in the form of imprisonment for a term of 5 to 8 years. At the same time, a fine of 100 to 200 thousand rubles may be awarded. or in the amount earned for 1 year.

Note!

You can avoid punishment by handing over your weapons to the territorial body of the National Guard of the Russian Federation. Surrender will not be voluntary when a dangerous item was discovered by law enforcement officers during a search or inspection.

Administrative punishment

Article 3 of Federal Law No. 398 reflects various situations of transfer of civilian, smooth-bore and firearms.

For this kind of action, administrative punishment is imposed (Article 20.8 of the Code of Administrative Offences):

• a fine of 3–5 thousand rubles. with complete removal of weapons;
• arrest for 15 days;
• 1-3 years ban on hunting.

If such a violation was detected on the part of legal entities, then the following is provided:

• a fine of 300 – 500 thousand rubles;
• complete stop of business activities for 2 months.

Summary

All actions with firearms are regulated by the legislation of the Russian Federation. In order to purchase it, you must obtain a special license and permission. After the transaction or during its process, record the fact of purchase in OLRR. If this is not done, the possession of weapons will be considered illegal. Secret hiding of illegal firearms and ammunition is also unacceptable.

Such acts will be subject to criminal prosecution. In the best case, the offender faces restriction of freedom for up to 3 years, in the worst case – imprisonment for up to 4 years. When illegal acts are committed by several people, the punishment will be much more severe.

If you find yourself in such a situation and don’t know what to do, contact our lawyers immediately. They will carefully review the specifics of your case and suggest ways to solve the problem. Their experience in participating in such proceedings will help reduce the penalty to a minimum.

Latest questions on the topic: “Is there a prison sentence for illegal possession of firearms?”

Illegal storage of ammunition, liability under the Criminal Code of the Russian Federation

I was detained with 5 rounds of 7.62 caliber, what do I face for this for illegal possession of ammunition?
The expert recognized the cartridges as live ammunition, but there was no license. Denis, Tomsk is now online

You will face criminal liability under Art. 222 of the Criminal Code of the Russian Federation Article 222. Illegal acquisition, transfer, sale, storage, transportation or carrying of weapons, their main parts, ammunition, explosives and explosive devices 1. Illegal acquisition, transfer, sale, storage, transportation or carrying of firearms, their main parts, ammunition (except for civilian smooth-bore long-barreled weapons, their main parts and cartridges for them, limited-kill firearms, their main parts and cartridges for them), explosives or explosive devices - punishable by restriction of freedom for a term of up to three years, or forced labor for a term of up to four years, or arrest for a term of up to six months, or imprisonment for a term of up to four years with a fine in the amount of up to eighty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to three months, or without it. 2. The same acts committed by a group of persons by prior conspiracy are punishable by imprisonment for a term of two to six years. 3. Acts provided for in parts one or two of this article, committed by an organized group, are punishable by imprisonment for a term of five to eight years. 4. Illegal sale of civilian firearms smooth-bore long-barreled weapons, firearms of limited destruction, gas weapons, bladed weapons, including including throwing weapons, is punishable by compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of one to two years, or restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of up to two years. three to six months, or imprisonment for a term of up to two years with a fine in the amount of up to eighty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to six months or without it. Note. A person who voluntarily surrenders the items specified in this article is exempt from criminal liability under this article. Their seizure during the detention of a person, as well as during investigative actions to detect and seize them, cannot be recognized as voluntary surrender of the items specified in this article, as well as in Article 223 of this Code. What can I advise you? If you do not deny your guilt, then now focus on collecting and providing mitigating circumstances listed in Art. 61 of the Criminal Code of the Russian Federation. Article 61 of the Criminal Code of the Russian Federation Circumstances mitigating punishment 1. Mitigating circumstances are recognized as: a) the commission of a crime of minor or moderate gravity for the first time due to a random combination of circumstances; b) the minority of the perpetrator; c) pregnancy; d) the presence of young children with the perpetrator; e) committing a crime due to a combination of difficult life circumstances or out of compassion; f) committing a crime as a result of physical or mental coercion or due to financial, official or other dependence; g) commission of a crime in violation of the conditions of legality of necessary defense, detention of the person who committed the crime, extreme necessity, justified risk, execution of an order or instruction; h) illegality or immorality of the behavior of the victim, which was the reason for the crime; i) confession, active assistance in solving and investigating a crime, exposing and prosecuting other accomplices in a crime, searching for property obtained as a result of a crime; j) provision of medical and other assistance to the victim immediately after the commission of a crime, voluntary compensation for property damage and moral harm caused as a result of the crime, other actions aimed at making amends for the harm caused to the victim. 2. When assigning a punishment, circumstances not provided for in part one of this article may be taken into account as mitigating circumstances. Best regards, Yaroslav Tsvetkov.

What is the responsibility for storing bladed weapons?

Good afternoon.
Tell me what is the responsibility for storing bladed weapons. And in what law can this be seen? Dmitry, Kazan is online now
Hello. Article 222 of the Criminal Code of the Russian Federation. Illegal acquisition, transfer, sale, storage, transportation or carrying of weapons, their main parts, ammunition 4. Illegal sale of civilian firearms smooth-bore long-barreled weapons, firearms of limited destruction, gas weapons, edged weapons, including throwing weapons - (as amended Federal Laws dated December 8, 2003 N 162-FZ, dated December 28, 2010 N 398-FZ) is punishable by compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of one to two years, or restriction of liberty for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of three to six months, or imprisonment for a term of up to two years with a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months or without it. Tell me what is the responsibility for storing bladed weapons. Dmitry There is no criminal liability for possession. Federal Law on Weapons N 150-FZ Article 6. Restrictions established on the circulation of civilian and service weapons On the territory of the Russian Federation the following is prohibited: 6) carrying by citizens for the purpose of self-defense long-barreled firearms and bladed weapons, with the exception of cases of transportation or transportation

Comments to Art. 223

Art. 223 has a blanket disposition. Thus, in order to impose punishment in accordance with its provisions, it is necessary to study a number of legal acts. It would not be amiss to study the comments to Article 223 of the Criminal Code of the Russian Federation.

The main ones are:

1. The object of the illegal act is the security of society in the area of ​​arms trafficking. The objects of the crime do not include weapons that have a limited affected area.
2. The objective side is characterized by the manufacture, modernization or repair of weapons, their components and ammunition. Manufacturing is usually understood as production in an industrial or artisanal way. Repair is the restoration of the weapon's factory characteristics. Modernization is the giving of new performance qualities to a weapon.
3. Specified in Art. 223 acts entail criminal liability provided that they were carried out illegally. According to the Federal Law “On Weapons”, the manufacture and repair of weapons, as well as ammunition, are permitted exclusively to state-owned enterprises that have the appropriate license. Thus, the following are considered illegal: repairs, manufacturing and modernization carried out at a non-state enterprise, or at a state enterprise, but without the appropriate permit.
4. A crime is recognized as committed from the moment the actions aimed at manufacturing, repairing or modernizing weapons begin. However, it is not always possible to prove that the actions taken are aimed at achieving the specified goals.
5. The subjective side is characterized by guilt in the form of direct intent. A person guilty of committing an unlawful act understands that he does not have the right to perform the listed actions, but still wants to carry them out.

The subject of a crime can be any person who has reached the age of 16 and does not have mental disabilities.

What bladed weapons are citizens entitled to have?

The rules for carrying edged weapons require a license for it.

• Citizens who have permission to carry, including storage of hunting firearms, have the right to purchase hunting bladed weapons. When purchasing this weapon, the seller notes the entry in the citizen’s hunting license. In this case, a permit to carry this bladed weapon will be a permit to carry a hunting weapon.
• Some citizens can also buy bladed weapons, which are used to wear with the national costumes of the peoples of Russia, as well as Cossack uniforms. These are daggers, knives, checkers and sabers. The Russian government determines the attributes of national costumes.

In other cases, carrying edged weapons is prohibited.

Works

So-called forced public works also take place. The defendant in the case of illegal acquisition, storage, transportation, as well as transfer, sale or carrying of weapons can be sentenced to a kind of labor. It is expressed as forced labor.

The exact deadline is set by the court after all the circumstances of the case have been clarified. However, according to Art. 222 of the Criminal Code, the maximum duration of such punishment is not too long. Only 4 months. In practice, this measure is used extremely rarely. More often than not, more serious penalties are imposed for illegal “communication” with weapons.