Law Amending The Law On Weapons, Ammunition, Explosives And Pyrotechnic Articles

Original Language Title: Закон за изменение и допълнение на Закона за оръжията, боеприпасите, взривните вещества и пиротехническите изделия

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15298/

Name of law
Law amending the Law on weapons, ammunition, explosives and pyrotechnic articles




Name Bill
Bill amending the Law on weapons, ammunition, explosives and pyrotechnic articles





Date of adoption
10/07/2015



Number / year Official Gazette
56/2015







DECREE № 129
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on weapons, ammunition, explosives and pyrotechnic articles adopted by the National Assembly on HLІІI July 10, 2015
Released in Sofia on July 15, 2015
President of the Republic: Rosen Plevneliev
stamped with the state seal.
Minister of Justice Hristo Ivanov

Law amending the Law on weapons, ammunition, explosives and pyrotechnic articles (obn. SG. 73 of 2010 .; Amend. No. . 88 of 2010, pcs. 26 and 43 in 2011, pcs. 44 and 73 of 2012, pcs. 66, 68 and 70 of 2013, pcs. 53 and 98 of 2014 and No. . 14 of 2015)
§ 1. In art. 12 para. 1, p. 8 conjunction "and" is deleted, place a comma and finally added "and written consent of Art. 126b para. 1 ".
§ 2. In art. 48, para. 1 after the word "trade" a comma and the words "and / or transportation in" are deleted.
§ 3. In art. 49, para. 2 after the word "trade" a comma and the words "or in transportation" shall be deleted.
§ 4. In art. 121, para. 1, 'Transport for import and / or export of explosives, pyrotechnics, firearms and ammunition "be replaced by" Imports of explosives, pyrotechnics, firearms and ammunition and / or export of explosives, pyrotechnic articles firearms and ammunition under Art. 5 para. 1 "and the words" transporting import / export of explosives, pyrotechnics, firearms and ammunition "is replaced by" import of explosives, pyrotechnics, firearms and ammunition or permit export of explosives, pyrotechnics, fire weapons and ammunition under Art. 5 para. 1 ".
§ 5. An Art. 121a:
"Art. 121a. (1) Exports of firearms and ammunition except those under Art. 5 para. 1 shall be made by natural and legal persons registered as traders under national law of a Member State and entities established by law or by the Council of Ministers, after obtaining a permit to export firearms and ammunition except those under Art. 5 para. 1 issued by the Director of GDNP the Interior Ministry or by an authorized official.

(2) Exports under par. 1 is implemented in compliance with the requirements and provisions of Regulation (EU) № 258/2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the Protocol of the United Nations Convention against Illicit Manufacturing of and Trafficking in Firearms , their parts and components and ammunition, supplementing the Convention of the United Nations Convention against transnational organized crime ( "UN firearms Protocol"), and establishing export authorization, and measures for the import and transit of firearms, their parts and components and ammunition (OJ, L 94/1 of 30 March 2012), hereinafter referred to as "Regulation (EU) № 258/2012".
(3) The persons under par. 1 submitted to the Director of the Ministry of Interior GDNP application form documents under Art. 121, para. 2 pt. 1, 2, 6, 7, 8 and 11 and:
1. document issued by a competent authority of the third country imports certifying that it has authorized the importation where this is provided for in national legislation;
2. a document certifying that the third country of transit no objections to the implementation of transit; 3
. completed application form for an export authorization under Annex II of Regulation (EU) № 258/2012.
(4) The documents under par. 3 pt. 2 are not required in cases of art. 7, paragraph 1, letter "b" of the Regulation (EU) № 258/2012.
(5) Where the person under par. 1 is authorized for production, trade and storage under this law, it does not present the documents under Art. 121, para. 2 pt. 1 and 2.
(6) Where the firearms and ammunition fall under the Export Control Act of products related products and goods and dual-use technologies are applied and requirements down therein, and do not submit documents under Art. 121, para. 2 pt. 1, 2 and 6.
(7) authorization under par. 1 accompanies delivery and at the disposal of the competent authorities of the countries through the territory of which the supply passes. "
§ 6. In art. 122 made the following amendments:
1. In para. 2:
a) point 3 is amended as follows:
"3. document issued by a competent authority of the third country imports certifying that it has authorized the importation where this is provided for in national legislation - on export; "
b) the item. 3a:
" 3a. a document certifying that the third country of transit no objections to the implementation of transit - for export. "
2. A new paragraph. 3:
"(3) The documents under par. 2 pt. 3a are not required in cases of art. 7, paragraph 1, letter "b" of the Regulation (EU) № 258/2012. "
Third. Former para. 3 and 4 shall become par. 4 and 5.
§ 7. A Art. 122a:
"Art. 122a. (1) Permission to export art. 121a para. 1 is not required for temporary export or re-export when:

1. temporary export is carried out by persons authorized to carry and use under chapter four of firearms and ammunition for hunting or sporting purposes and are simultaneously the following conditions:
a) accompanying firearms and ammunition when traveling to third country ;
B) submit a document stating the reason for export - an invitation or other proof of participation in sports or hunting event;
C) the quantity of ammunition does not exceed 800 number for hunting purposes and 1200 the number of sports;
2. re-export takes place after temporary admission for hunting or sporting purposes and ownership of firearms has not changed.
(2) Temporary export under par. 1 pt. 1 is effected by the European firearms pass. "
§ 8. In art. 124, para. 1 after the words "Art. 121 "insert" 121a "and a comma.
§ 9. In art. 125 made the following amendments:
1. In para. 1 after the words "Art. 121 "insert" 121a "and a comma.
2. In para. 3 words "transportation purpose" are deleted. 3
. A par. 4:
"(4) The permits under Art. 121 and 121a include transportation of the products from the storage to and from the place of departure on the territory of Bulgaria. "
§ 10. created art. 126a and 126b:
"Art. 126a. (1) No permit is required for export of re:
1. firearms, except those under Art. 5 para. 1, then made temporary admission for expert assessment, participation in trade show of art. 49 no sale or repair provided that ownership has not changed;
2. firearms and ammunition except those under Art. 5 para. 1, where they are stored in temporary storage of their introduction into the customs territory of the European Union until they leave.
(2) In the cases under par. 1 person making re-submit a written notice to the Director of GDNP Interior Ministry not later than two days before it.
(3) Where the firearms in cases under par. 1 pt. 2 and ammunition, fall under the Export Control Act of products related products and goods and dual-use technologies are applied and the requirements laid down therein.
Art. 126b. (1) Temporary export of firearms, except those under Art. 5 para. 1 in order expert assessment, participation in trade show without selling or repair is performed without an export authorization after obtaining the written consent issued by the Director of GDNP Ministry of Interior or the person authorized by him.

(2) The person who will carry out the temporary export under par. 1 shall submit to the Director of the Ministry of Interior GDNP application form accompanied by a copy of the possessed permits issued under this Act, a copy of customs documents certifying temporary export, and document for paid fee determined by the tariff of art. 12.
(3) The Director of GDNP the Interior Ministry or an authorized officer shall issue a written consent form under Art. 124 in 7 days from filing the application under par. 2.
(4) The written consent under par. 1 is valid for three months from the date of its receipt and can be used only once.
(5) issued written consent under par. 1 applies only to specified therein firearms and can be used only by the person whose name was given.
(6) Where the firearms fall under the Export Control Act of products related products and goods and dual-use technologies are applied and the requirements laid down in it. "
§ 11. A is art. 211a:
"Art. 211a. (1) Any person who fails to notify within the Director of GDNP to perform re-under Art. 126a, shall be fined from 500 to 1,000 lev and / or property sanction from 2000 to 5000 Levs.
(2) For repeated violation under par. 1 imposes a fine of 1,000 to 3,000 lev and / or proprietary sanction from 6000 to 10 000 Levs. "
Final provisions
§ 12. In the Ministry of the Interior (Prom. SG. 53 from 2014 .; amend., SG. 98 and 107 of 2014 pcs. 14 and 24 of 2015) make the following additions:
1. In art. 10, para. 1 a p. 10:
"10. creation and use of legal non-profit entities or companies under terms and conditions established by law, cover activity in the investigation with an undercover officer or conducting undercover operations under item. 7. "
2. In art. 57, para. 1 after the words "Homeland Security" is added "" International operational cooperation. "
§ 13. In the Law on Special Intelligence Means (prom. SG. 95 of 1997 .; amend., SG. 70 of 1999, No. 49 of 2000, No. 17 of 2003 SG. 86 of 2005, pcs. 45 and 82, 2006, issue. 109 of 2007, pcs. 43 and 109 of 2008, pcs. 88, 93 and 103 of 2009 No.. 32 and 88 of 2010, pcs. 1 and 13 in 2011, pcs. 44 of 2012, pcs. 17, 52, 70 and 111 of 2013, pcs. 53 and 107 of 2014 and SG. 14 and 42 of 2015) in art. 20, para. 1 p. 3 be amended as follows:
"3. Ministry of Interior - for special intelligence means in art. 10b and 10c, as well as special intelligence means in art. 10a, when used undercover officer. "
Law was adopted by the 43rd National Assembly on July 10, 2015 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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