COMBAT OR DOMESTIC

Edged weapons propose to divide the types of

MIA proposes to amend article 222 of the Russian Criminal Code, of the combat melee weapon of bladed weapons in general.However, this bill, which two days ago was submitted for public discussion, is already causing controversy. Consider whether fighting with knives or machetes knives sold in the public domain, and whether the object is already called "weapon", fighting a priori?

Dedovo heritage

history began with trouble Muscovite Natalia Uryupin. In 2005, she decided to sell a couple of German daggers during the Weimar Republic, left over from his grandfather, who held in the 40s deputy minister of Finance of the USSR. But as soon as a woman to reach the antiquarians to those overall daggers, as it has an interest in the police. Uryupina argued that ancestral daggers - only objects of art and culture. The Ministry of Culture has confirmed that these daggers were intended exclusively for official ceremonies. However, the verdict Presnensky district court in Moscow on February 2, 2007 for attempted illegal sale of bladed weapons Natalia Uryupin given six months' imprisonment with a probation period of six months and was released on the basis of a decision on amnesty. Stubborn woman did not give up and came to the Presidium of the Supreme Court, but was not able to reverse the decision of the court.

Then Uryupina appealed to the Constitutional Court. The applicant stated that the law allows citizens to attract criminal liability for selling antique knives, whose turnover - especially for collectors or sold as objects of cultural value - not a public danger. The law "does not regulate the legal relationship with the participation of individuals resulting from the turnover Edged Weapons (copies and replicas), not under the Federal Law" On Weapons "to civilian or military weapons, as well as illicit trafficking in the Russian Federation Arms ", which means that the turnover of such weapons should be free. In its judgment of 17 June this year, the Constitutional Court of the Russian Federation agreed that "to date in the legal regulation of the procedure for acquisition and storage of weapons that have cultural value, including an old (antique), knives, there is a mismatch and thus , uncertainty remains as to the rules of its sales citizens. " The court found the paragraph 4 of Article 222 of the Criminal Code "Illegal purchase, transfer, sale, storage, transportation or carrying of weapons, its main parts, ammunition, explosives and explosive devices", criminalizing the illegal sale of knives, not inconsistent with the Constitution of the Russian Federation.

That offer law enforcement

Enforcement authorities should react to such decisions of the judicial authorities, and the Ministry of Interior has drafted changes to Article 222 of the Criminal Code. July 21 it was submitted to the government portal for posting information about the development of the federal bodies of executive power of draft regulations and the results of their public discussion.

 

Photo: Eremite / Flickr

At the moment, citizens of the Russian Federation, 18 years of age, have the right to acquire an old (antique) edged weapons without a license. Registration of such weapons can not be. Hunting cold bladed weapons acquired by citizens without getting in the internal affairs of the license to purchase it sufficiently permits from the Interior to keep and bear hunting firearms. In this case, the registration of such weapons carried Trade Organization when it is sold in the manner prescribed by the Ministry of Interior of Russia. "The existing legal conflict does not allow owners of hunting swords and knives, having a cultural value, to carry out actions with them in the form of sale or gift, within the existing legal framework, - stated in the bill. - Given that the current legislator singled edged weapon that has cultural value in a special category, excluding licensed and licensing procedure of its turnover, including no registration records in the internal affairs, it seems appropriate to Part 4 of Article 222 of the Criminal Code Russian Federation to specify the form of knives, which is the most dangerous and specific for the genus of its use. " Now offers the Interior Ministry, criminal liability will be subject to sales "battle of cold weapons" rather than bladed weapons at all.

Patches on dilapidated fabric

But here there is another controversial issue. Legally particular problem in article 222 of the Criminal Code. If you take it literally, as in the case Uryupin, any transaction, for example with unlicensed gas cartridges (which we have classified as gas guns), should also be criminalized. When in 2012, the legislator has introduced the concept of antique weapons, he forgot to reflect this in a number of other articles, "the Arms Act." As a result, a single-buying antique long arms (muskets and their analogues) can be without a license, but for turnover Edged weapons, although it is not subject to registration with the Ministry of Internal Affairs and is free to be stored, the license is still needed. "These local errors in law due to a global problem -nevozmozhno do patches on dilapidated fabric. Our sprawling to unimaginable limits "Arms Act" has so many revisions, clarifications and reference rules that even the legislators and jurists start it lost and confused, "- said Maria Butin, leader of the movement" right to arms. "
 

Photo: Sven Cipido / Flickr

The term "martial melee weapon" is not legally exist. Away describing the concept of the "cold weapons", even separately noted that "military weapons" in common parlance is called every melee weapon. "A number of types of such weapons is used by the state military organizations, but that does not mean that other types of cold weapons or household less dangerous - such as a frying pan, lace or cooking gas. Introducing the Criminal Code the term "martial melee weapon", the legislator will be required to register this new term in the Law "On Weapons", which is a rather dubious prospect, given the illusory nature of the concept of "cold steel" and the original task to simplify legislation and not complicate it more. "

By the way, before to buy a serious hunting knife required hunting license and a permit to own firearms hunting weapon. And wear it with a weapon could only be in the presence of the ticket. In hunting ticket new model does not provide for any such records, and even numbered knife is now nowhere to be recorded. In store the sale may issue a certificate stating that the weapon - a souvenir or shopping products. How can you determine whether or not weapons of war?

And what do they have?

In world practice is not always possible to find the concept of "cold steel." "There are specific types of prohibited weapons for the citizens, which is associated with criminal activity, such as flowlines knives and butterfly knives, there is a concealed weapon, such as swords in canes, umbrellas or knives in the straps. Such a definition specific enough to use it does not need specific expertise, so this approach is much easier to ours, where conditional on a number of characteristics, and the machete sword will not be recognized by machetes. " Now, even in the subway, you can buy without any formalities machete. Meanwhile, says Maria Butin, in Africa it is still a martial weapon.

For example, in the Czech Republic and Poland from the gun laws at all possible references to knives. "There's his turn did not licensed and is not limited. However, this does not lead to the transformation of these countries in the arena of medieval stadia, violent crime continues to fall there. He has at times and even ten times lower than ours, where it is difficult to live a day without breaking this or that rule our very complicated and massive legislation. Its massiveness just leads to what is malfunctioning, and legal nihilism society flourishing. If one rate law is questionable, why you need to perform a second? "- Says Maria Butin.

According to the head of "gun rights" should not complicate and simplify the legislative framework. For example, to remove from the "Weapons Act" mention of cold steel in general: "In a real crime with household implements crime or illegal weapons this bureaucracy is still not affected, at least in a positive way." Or to allow local governments to restrict the carrying of weapons, even cold, at local government level, as implemented in most developed countries.

 

Author Marina Liepina

Originator http://lenta.ru/articles/2014/07/23/weapon/