Amendment Of The Act On Weapons And Trade Law

Original Language Title: změna zákona o zbraních a živnostenského zákona

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=55755&nr=228~2F2003~20Sb.&ft=txt

228/2003 Coll.



LAW



from day 4. July 2003, amending Act No 119/2002 Coll., on

firearms and ammunition and on the amendment of Act No 156/2000 Coll., on the

the validation of firearms, ammunition, and pyrotechnical items and on the

Amendment of Act No 288/1995 Coll., on firearms and ammunition (law on the

firearms), as amended by Act No. 13/1998 Coll. and Act No.

368/1992 Coll., on administrative fees, as amended, and

Act No. 455/1991 Coll., on trades (Trade Act),

as amended, (law on weapons), as amended by Act No.

320/2002 Coll., and Act No. 455/1991 Coll., on trades

(Trade Act), as amended



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



Amendment of the Act on weapons



Article. (I)



Act No 119/2002 Coll., on firearms and ammunition and on the amendment of the law

No 156/2000, on the validation of firearms, ammunition and

pyrotechnical items and on the amendment of Act No 288/1995 Coll., on fire

weapons and ammunition (the Firearms Act), as amended by Act No.

13/1998 Coll. and Act No 368/1992 Coll., on administrative fees, as amended by

amended, and Act No. 455/1991 Coll., on trades

business (Trade Act), as amended, (the Act on

weapons), as amended by Act No. 320/2002 Coll., is hereby amended as follows:



1. In article 1, paragraph 1 reads:



"(1) This Act regulates the firearms categories (hereinafter referred to as

"weapons") and ammunition, conditions for the acquisition of the ownership, holding, carrying

and the use of weapons or ammunition, the rights and obligations of the holders of weapons

or ammunition, conditions for the export, import or transit of weapons or

ammunition and for the operation of firing ranges, the implementation of the articles of

the survey, the operation of information systems in the field of weapons and ammunition,

sanctions and the performance of State administration in the field of weapons and ammunition, operation of the

the shooting and the pursuit and implementation of a pyrotechnic survey. ".



2. In article 1 (1). 2 at the end of subparagraph (d)), the word "and" shall be deleted.



3. In section 1 (1). 2 at the end of subparagraph (e)), the dot is replaced by "and", and

the following point (f)), including the footnote 3a):



"(f)) of the explosive stage special legal regulation ^ 3a) (hereinafter referred to as

"explosive"), with the exception of explosives found pyrotechnickým exploration.



3A) § 21. 1 of Act No. 61/1988 Coll. on mining activities,

explosives and the State Mining Administration, as amended. ".



4. In section 2 (2). 2 at the end of paragraph (e) shall be replaced by a comma and dot)

the following point (f)), which read:



"f) pyrotechnickým exploration



1. purposeful search for ammunition or explosives by the holder

the arms licence Group (F) by using the detection techniques and their

identification of the set procedure, or pick up or



2. supervision of the holder of the arms licence Group F when the ground work

which is expected to find ammo or explosives, which makes the identification of the

found ammunition or explosives ".



5. In section 16. 1, after the word "carrying", the words "or to the implementation of the

a pyrotechnic survey according to the permissions set for the Group F

firearms licence ".



6. In section 16. 2 at the end of subparagraph (d)), the word "or" is deleted.



7. In section 16. 2 at the end of subparagraph (e)), the dot is replaced by ",

or "and the following subparagraph (f)), which read:



"(f)) F-to perform a pyrotechnic survey.".



8. In section 17(2). 2 (a). and the word "), the ammo", the words "or

Meanwhile, a survey carried out if it is on the issue of the arms of the card

Group F ".



9. In section 17(2). 2 (a). (b)) for the word "Ammo", the words "or

Meanwhile, a survey carried out if it is on the issue of the arms of the card

Group F ".



10. In section 19, paragraph. 1, the words "of the Group and, (D) or (E)" shall be replaced by the words

"the Group and, (D), (E) or (F)".



11. In section 20 (2). 2, after the words "Group D", the words "and (F)".



12. In section 21 of the title: "the competence of applicants for firearms license

groups A to E ".



13. In § 21. 1, 3, 6, 8 and 9, the word "licence" shall be inserted after

"the groups A to E".



14. in article 21, the following new section 21a of that title, including:



"§ 21a



The competence of the applicant for a firearm licence (F)



(1) an applicant for the issue of the arms licence Group (F) shows the professional

eligibility before the Commission appointed by the Minister of the Interior, composed of

representatives of the proposed Ministry, police, Ministry of defence,

The Ministry of industry and trade and the Czech Mining Authority.



(2) the examination shall consist of theoretical and practical parts.



(3) the theoretical part of the test shall be carried out by means of a written test and an oral

the interview and the applicant when it certifies the knowledge of



and of this law and legal) provisions adopted for its implementation,



(b)) the rules governing the handling of munitions and explosives,



(c)) of ammunition, explosives and detection technology and



(d)) of the medical income.



(4) the practical part of the exam consists of



and the identification and determination of extent) the dangers of unexploded ordnance and

explosives and their detection,



(b)) the provision of places of finding unexploded ammunition and explosives,



(c) the safe handling of explosive remnants of war) ammunition and explosives, and



(d) the disposal of ammunition and explosives).



(5) for the test of professional competence is the applicant for the issue of the arms

card Group (F) logs on the prescribed form, a specimen

lays down detailed legal prescription. The application contains the information specified in §

17 paragraph. 1 and is served at the State Department, which submitted the application records

According to the date of delivery and shall notify the applicant of the date and place of the test.

Announcement of the tests must be delivered to the applicant not later than 10 days

before the date of the test.



(6) If an applicant for a proficiency test failed, you may to

the test log in again under the conditions referred to in paragraph 5, however, as soon as possible after

the expiry of 3 months from the date of the failed test.



(7) the costs associated with implementation of the examination of professional competence of the applicant

on the issue of arms licence Group (F) shall be borne by the applicant; can you cover

the holder of a firearm licence to the group.



(8) the content of theoretical and practical part of the exam and the total

the evaluation of the examination of professional competence of the applicant for the issue of the arms

card Group (F) set implementing legislation. ".



15. In section 22, paragraph 2, the following paragraph 3 is added:



"(3) For an impeccable under this Act shall, where necessary, requests for extradition

the arms licence Group (F) or the arms licence group shall not be

also the one who has been found guilty of breaches of the criminal offence:

Regulation on foreign trade with military material, the attack on the State

authority, the attack on public officials, illegal arming, development,

the production and possession of prohibited means of combat, the illicit manufacturing of and

the possession of radioactive material and a highly dangerous substance, defamation

nation, ethnic group, race and belief, incitement to hatred

against a group of persons, or to the restriction of their rights and freedoms, torture and

other inhuman and cruel treatment, support and promotion of movements

aimed at suppressing the rights and freedoms of a person, the use of the forbidden

combat resource and illegal warfare, war cruelty,

persecution of the population or any other crime committed with a gun. "



The former paragraph 3 shall become paragraph 4.



16. In section 23 of the present text becomes paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) For reliable under this Act in the case of requests for extradition

the arms licence Group (F) or the arms licence group shall not be

also the one who



and) was in the last 5 years been convicted of an offence on

the section of arms and ammunition or explosives, or on the section of the



(b)) develops or supports activities against the interests of the Czech Republic, or

against the interests of the protection of the Czech Republic has committed itself. ".



17. In section 27. 1 at the end of subparagraph (c)), the word "or" is deleted.



18. In section 27. 1 at the end of subparagraph (d)) shall be replaced by "dot,

or "and the following point (e)), which read:



"e) Group F has violated the obligation set out in section 29. 7 (b). and)

(h)), or violated the prohibition laid down in article 29. 8; on the issue of new

the arms licence Group (F) can be re-used to apply after five years

from the decision on withdrawal. ".



19. In article 28, the following paragraph 6 is added:



"(6) the holder of the arms licence Group F is authorized to perform

Meanwhile a survey only as an employee or an entrepreneur; If

ammunition, or ammunition found during the display of the exploration threatens

immediately to the life, health or property, is the holder of a firearms licence

(F) the Group authorized to perform their deactivation. ".



20. In the introductory phrase of section 29. 1, after the word "licence", the words "group

A to E ".



21. In section 29. 2, after the words "Group D" shall be inserted the words "or (F)".



22. In the introductory phrase of section 29. 3, the word "licence", the words "group

A to E ".



23. In section 29, the following paragraph 7 and 8 are added:



"(7) the holder of the arms licence Group (F) is required to



a) caution in dealing with the explosive remnants of munitions or

explosives,



(b)) invite to stop excavations in case of imminent threat

life and health or property discovered munitions or explosive remnants of war

explosives,
(c)) mark instead of finding unexploded ordnance or explosive



(d)) ensure that instead of finding unexploded ordnance or explosive before

by unauthorized persons,



(e)) warn visitors on the spot finding unexploded ordnance or

explosives or in its vicinity on the possible danger and challenge

is to leave the danger zone,



f) notify the police find unexploded ordnance or

the explosives,



g) comply with the conditions for dealing with the explosive remnants of munitions or

explosives,



h) secure the ammunition or explosive found explosive remnants before

unauthorised use, loss or theft,



I) secure your firearms license against misuse, loss or theft,



(j)) on the challenge of the competent Police Department submit a firearms license to

control,



to) promptly notify the competent Department of the police of the loss or theft

the arms licence and found unexploded ordnance or explosive



l) make the Exchange with the competent service of the police firearms licence to a

new, if there is a change of name, surname or the place of residence of the holder

the arms of the licence, and to do so within 10 working days from the date when the change

occurred, and at the same time submit the original documents,



m) carry firearms license, if carried out exploration of the pyrotechnic article

or search for unexploded ordnance or explosive



n) to call police before the performance of the activity or

the performance of the activities subject to an indicative test or medical

examination to determine if it is not under the influence of alcohol or other addictive

substances, ^ 11)



immediately write about) the findings of the unexploded ordnance or explosive to

the records and the



p) at the invitation of the police to cooperate with the police in the

provision of unexploded ordnance or explosive.



(8) the holder of a firearms licence (F) shall not



and pyrotechnical survey), if it is his ability to be reduced

the ingestion of alcoholic beverages or other addictive substances, medicines or

as a result of sickness or accident,



(b)) manipulate found ammunition or explosives in contravention of this

the law and the



(c) disposing of the ammunition or explosive remnants of war) of the explosive. "



24. In section 31, the words "arms licence group", the words "or to

operation of a pyrotechnic survey according to the permissions set for the

the arms licence group ".



25. In section 31, at the end of paragraph (i)), the word "and" shall be replaced by a comma.



26. In section 31, at the end of subparagraph (j)), the dot is replaced by "and" and the following

the letter k), which read:



") to the-operation of a pyrotechnic survey.".



27. In § 32 paragraph. 1 at the end of the text of subparagraph (d)), the words

"if it is on the issue of arms licence group and to (J)".



28. In § 33 paragraph. 1 (a). and the words "), or (F) the", the words "or in the

the scope of the bomb to the survey on the issue of arms licence

the group ".



29. In article 38, the following paragraph 9 is added:



"(9) to the holder of the arms licence group is entitled to operate the

Meanwhile a survey by searching and identifying unexploded ordnance

or explosives and their security. ".



30. In section 39 shall be added to paragraph 7 and 8 are added:



"(7) the holder of a firearm licence to the group is obliged to



and prior) to process the technological progress of work in the

Search and handling of explosive remnants of ammunition and explosives, and to pass

it to the relevant Department of police for approval,



(b)) to ensure that the finding of unexploded ordnance or explosive has been

immediately reported to the police,



(c)) to check whether it is finding the unexploded ordnance or explosive

reported to the police and that dud ammunition or explosive found not

used for purposes other than stated in the weapons license, and whether it

is not handled in contradiction with the permission referred to in section 38, paragraph. 9,



(d) ensure the pyrotechnical survey) only by a natural person,

that it is in the work, a member or a similar proportion and is

the holder of the arms licence Group (F),



e) promptly report to the competent service police of the loss or theft

firearms licences,



(f)) to call the relevant Department of the police present to control arms

the licence, including the relevant documents,



(g) apply to the competent Police Department) on the issue of new arms licenses in

where there has been a change in the name of the legal person, the name,

the surname or the place of residence of a natural person; the request must be made within 10

working days from the date when the change occurred, and the original document must be

connected,



(h)) and for 5 years to retain documentation that contains an overview of the

finds of unexploded ordnance and explosives,



even) when finding ammunition or explosives to take the necessary measures to

ensure the safety of persons and property,



(j) to perform in the construction) daily records of the journal carried

display of the survey.



(8) details of the terms of and for the management of the documentation containing the

an overview of the findings of the unexploded ordnance and explosives shall be determined by the implementing

law. ".



31. In the heading of section 68: "Finds documents, weapons, ammunition or explosives".



32. In section 68, paragraph. 2, after the words "weapons", the words "ammunition or

the explosive ".



33. In article 68, the following paragraph 3 is added:



"(3) the Dud munitions or the explosive, which was found in the framework of the

a pyrotechnic survey, is the property of the State, designated for disposal or to

its deactivation. The liquidation orders and carried out by the police. ".



34. In section 71, paragraph. 2 at the end of subparagraph (h)), the word "and" shall be replaced by a comma.



35. In section 71, paragraph. 2 at the end of paragraph (i)), the dot is replaced by "and", and

the following point (j)), which read:



"(j)) found unexploded ammunition or explosives".



36. In section 74, paragraph. 1, the words "of weapons and ammunition" shall be replaced by the words

"weapons, ammunition, and pyrotechnical survey".



37. In section 74, paragraph. 2 in the introductory phrase shall be replaced by the word "and" with a comma and the word

the "ammunition" shall be inserted after the words "and a pyrotechnic survey".



38. In section 75, paragraph. 1, in the introductory part of the text, the word "permission" is replaced by

the word "licences".



39. In paragraph 75. 2 at the end of subparagraph (b)), the word "and" shall be replaced by a comma.



40. In paragraph 75. 2 at the end of subparagraph (c)) shall be replaced by a comma and dot

the following point (d)) and e) are added:



"(d)) to perform a check of the performance of a pyrotechnic survey and



(e)) to ensure the arms licence holder groups to found explosive remnants of

ammunition or explosive, if it is not submitted to the police. "



41. In section 76, paragraph. 1 (a). and) the words "§ 39, paragraph. 4.0 "words

"§ 39, paragraph. 7 (b). (d)), h) or (i)) ".



42. In section 76, paragraph. 1 (a). (b)), the words "or m)", the words "§

paragraph 39. 7 (b). b), c), or (e)) ".



43. In section 76, paragraph. 1 (a). (c)), for the words "or j)", the words "§

paragraph 39. 7 (b). and), f), (g) or (j))) ".



44. In § 79 paragraph. 2, after the words "§ 21. 9.0 ", the words" § 21a

paragraph. 8 "and after the words" § 39, paragraph. 5 "shall be inserted after the words" § 39, paragraph. 8. "



45. In the second part of the annex shall be inserted after point 3 a new paragraph 4 is added:



"4. the summary descriptions for ammo-ammunition, hand grenades, air

bombs, rockets, explosives, mines, torpedoes, and other usually explosive

items that use the energy of the explosives either directly to invoke

the desired effect in the objectives, in particular the destruction of, or indirectly to the transport

certain items on the target. ".



Points 4 to 15 shall be renumbered as paragraphs 5 to 16.



46. In the second part of the annex shall be added to point 17, which reads:



"17. Dud ammunition-the summary descriptions for ammunition which has been

ready to use, or was used (for example, fired, dropped,

rozhozena, launch, jump or vymetena) and explosive remnants of war

for example, as a result of the failure initiation mechanism or was

so constructed that erupted from other causes (for example,

tap). ".



PART THE SECOND



Amendment to the Trade Licensing Act



Article II



In annex No 3 to the Act No 455/1991 Coll., on trades

(Trade Act), as amended by Act No. 283/1995 Coll., Act No.

356/1999 Coll. and Act No 119/2002 Coll., in a group of 302: manufacture of machinery and

equipment for General and specific economic sectors for the scope

"the operation of firing ranges" adds a scope trades "Implementation

a pyrotechnic survey ", the text in column 2 is:" a) pyrotechnical

the card without the resolution of the kind permission of the bomb, (b)) age of at least 21

years ', the text in column 4 is added: "the Ministry of the Interior)", the text in column 5

added: ") § 1 (1). 5 of law No 451/1991 Coll., Act No. 119/2002 Coll., on

firearms and ammunition and on the amendment of Act No 156/2000 Coll., on the

the validation of firearms, ammunition, and pyrotechnical items and on the

Amendment of Act No 288/1995 Coll., on firearms and ammunition (law on the

firearms), as amended by Act No. 13/1998 Coll. and Act No.

368/1992 Coll., on administrative fees, as amended, and

Act No. 455/1991 Coll., on trades (Trade Act),

as amended, (law on weapons), as amended

regulations ".



PART THE THIRD



The EFFECTIVENESS of the



Article. (III)



This law shall enter into force on 1 January 2005. January 1, 2004.



Zaorálek in r.



Klaus r.



Spidla in r.