Responsibility for illegal actions concerning weapons

The legislation of the Republic of Belarus provides for both administrative and criminal liability for illegal actions related to weapons.

Administrative liability applies to illegal actions concerning gas, pneumatic or projectile weapons (Art. 23.46 of the Code of Administrative Offences), cold weapons (Art. 23.47 of the Code of Administrative Offences) in the form of a fine of up to 10 base units with or without confiscation of the item of the administrative offence.

Furthermore, a person whose permit for the storage of weapons and ammunition has been revoked and who evades their disposal is subject to administrative liability under Art. 23.50 of the Code of Administrative Offences, in the form of a fine ranging from two to four base units.

Weapon owners should bear in mind that violation of the established deadlines for registration (re-registration) of firearms or gas weapons, or the rules for their registration upon change of residence or place of stay, entails a fine ranging from four to fifteen base units (Art. 23.49 of the Code of Administrative Offences).

Criminal liability for illegal actions concerning firearms, ammunition and explosives is provided for by Art. 295 of the Criminal Code of the Republic of Belarus. Thus, illegal manufacture, acquisition, transfer of possession, sale, storage, transportation, mailing or carrying of firearms (except for hunting smooth-bore firearms), ammunition (except for ammunition for hunting smooth-bore firearms), explosives, explosive devices, or illegal manufacture, acquisition, transfer of possession, sale, transportation, mailing or carrying of component parts or components of firearms (except for component parts and components of hunting smooth-bore firearms), or illegal manufacture or sale of main parts of explosive devices, are punishable by correctional labour for up to two years, or arrest, or restriction of liberty for up to five years, or deprivation of liberty for up to seven years with or without confiscation of property.

According to Part 1 of Art. 295-1 of the Criminal Code of the Republic of Belarus, illegal acquisition, transfer of possession, storage, transportation, mailing or carrying of hunting smooth-bore firearms

weapons or ammunition therefor, or the illegal acquisition, transfer of possession, carriage, mailing, or carrying of component parts or components of hunting smooth-bore firearms, committed within one year after the imposition of an administrative penalty for the same actions, shall be punishable by a fine, or correctional labour for up to two years, or arrest.

The commission of illegal actions in relation to cold weapons shall entail criminal liability under Art. 296 of the Criminal Code of the Republic of Belarus, with the maximum penalty for committing this crime being imprisonment for up to 2 years. The commission of illegal actions in relation to gas, pneumatic, or projectile weapons shall entail criminal liability under Art. 297 of the Criminal Code of the Republic of Belarus, with the maximum penalty being imprisonment for up to 3 years.

It should be noted that a person who voluntarily surrenders the items specified in Articles 295–297 of this Code shall be exempted from criminal liability for the actions provided for by the said articles, except in cases of sale.

Persons who own firearms are obliged to ensure the proper storage of such weapons in order to prevent their theft, as well as to prevent accidents.

In accordance with Art. 300 of the Criminal Code of the Republic of Belarus, improper storage of firearms by a lawful owner, which has created conditions for the use of such weapons by another person, resulting in death or grievous bodily harm through negligence, shall be punishable by public works, or a fine, or arrest, or restriction of liberty for up to two years.

Also, Art. 294 of the Criminal Code of the Republic of Belarus provides for criminal liability for the theft of firearms, ammunition, and explosives, committed by any means (theft, robbery, armed robbery, use of computer technology, etc.), up to imprisonment for a term of 8 to 15 years with or without confiscation of property.

Head of the Public Security Police Department of the Lepel District Department of Internal Affairs

Police Lieutenant Colonel I.A. Mikhno