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Law No. 17 Of 2 April 1996 On The Regime Of Firearms And Ammunition

Original Language Title:  LEGE nr. 17 din 2 aprilie 1996 privind regimul armelor de foc şi al muniţiilor

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LEGE No. 17 of April 2, 1996 on the regime of firearms and ammunition
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 74 of 11 April 1996



The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 The possession, port and use of firearms and ammunition, weapon use and weapons and ammunition operations are subject to the regime provided for in this law. + Article 2 The production, export, import and marketing of military weapons and ammunition constitute state monopoly and are subject to the legal provisions established for this purpose. For the purposes of this law, by state monopoly on the export, import and marketing of military weapons and ammunition, it is understood the right to carry out these operations only by economic agents authorized in this regard by the Ministry The finances, with the opinion of the Ministry of National Defence or, as the case may be, + Article 3 By firearms, for the purposes of this law, it is understood those weapons whose operation causes the throwing of one or more projectiles, bright or bright substances or the scattering of harmful, irritating or neutralizing gases. The operating principle is based on the gas expansion force from the detonation of a staples or the explosion of a load. In the meaning of paragraph 1, firearms are: a) military weapons, made for equipping the armed forces, used in actions to neutralize or destroy the enemy's personnel and combat technique, as well as any other instruments, parts or devices intended to immobilize, injure, kill or destroy, if it presents the characteristics of a military weapon; b) shooting weapons, with bullet or with alice, specially manufactured or made for the practice of sports shooting, approved or recognized as such by the Romanian Tir Federation; c) the arms of the vines, with buckshot or mixed, for the purposes of the hunting; d) weapons specially made to spread harmful, irritating or neutralizing gases; e) concealed weapons, so manufactured or made that their existence is not visible or suspected; f) panoply weapons, made harmless, if, by their historical value, scientific or constituting gifts, rewards or memories, are intended to be kept in institutions of culture and art, cultural-artistic and sports associations or in Personal panopleas. This category includes those firearms, in working order, which constitute rarities or present historical value, documentary, scientific or artistic special, recognized as such by specialized institutions; g) props, made harmless, intended to be used in the activity-artistic or cinematographic production-of theatres, circuses, film studios or other such cultural-artistic institutions. They are considered firearms and assemblies, subassemblies and devices that can be constituted and operate as firearms. + Article 4 By ammunition, for the purposes of this law, it is understood: cartridges, projectiles and loads of any kind, which can be used to the weapons provided in art. 3. + Article 5 The Ministry of the Interior exercises control, in accordance with the Rules of Firearms and Munitions, on the possession, port and use of weapons and ammunition, as well as on how to carry out operations with weapons and ammunition. + Article 6 In order to ensure the security of weapons and ammunition they hold, holders of permits or authorizations are obliged to meet the measures provided for in the Regulation of Firearms and Munitions, adopted by Government decision. + Article 7 Holders of a gun permit or authorization are required to notify the nearest police body immediately, but no later than 24 hours from the time they became aware of the loss or theft of their own weapons or weapons received. to repair. + Article 8 Any person who finds weapons or ammunition is obliged to notify, immediately, the nearest police body. + Article 9 It shall be exempted from the provisions of this law, other than those relating to the use of weapon, organs, units, formations and military institutions, as well as units or sections of economic agents executing orders of firearms and ammunition. for these. Ministries and other authorities of the central public administration, which subordinate the military units, bodies, formations and institutions, as well as the units or sections of the economic agents referred to in par. 1 will issue their own regulatory rules in this area, approved by ministers or heads of these units. + Chapter 2 Possession, port and use of firearms and ammunition + Section I The conditions under which individuals may hold and, as the case may be, carry and use firearms and ammunition + Article 10 The possession and, as the case may be, the port and the use of weapons and ammunition, by natural persons, are allowed only with the authorization of the competent bodies of the Ministry of Interior in whose territorial area the person concerned is domiciled. The competent bodies of the Ministry of Interior may authorise individuals to hold, carry and use weapons and ammunition, under the conditions of this law, keeping records of them. The competent bodies of the Ministry of Interior determine the number of weapons that can be held and authorize the possession and use by the same person of at most two weapons of the same caliber, as well as the quantity of ammunition corresponding to them. + Article 11 Romanian citizens can be authorized to own and, as the case may be, to carry and use shooting weapons, hunting weapons, harmful gas spreading weapons, irritants or neutralization and panoply weapons, and among military weapons, only pistol or gun. revolver, as well as the proper ammunition. Foreigners with domicile or residence in Romania may be authorized to hold and, as the case may be, to carry and use shooting weapons, hunting weapons, harmful gas spreading weapons, irritants or neutralization or panoply weapons and ammunition. proper. Foreigners who come to Romania to participate in official shooting competitions or to practice hunting, under legal conditions, can own, wear and use shooting weapons or hunting weapons, as the case may be, and the proper ammunition, only if they have were registered by the control bodies for the crossing of the Romanian state border in their passports or in the valid documents with which they entered Romania, or whether they legally procured the weapons or munitions from the clubs, associations or other persons legal entities authorised to conduct such activities. + Article 12 The possession, port and use of appropriate military weapons and ammunition by foreign individuals, on the territory of Romania, are prohibited. The companions of foreign delegations at the level of heads of state or government, as well as soldiers who make official visits to Romania can hold, wear and use military weapons and proper ammunition, during their stay in the country, with the opinion of the bodies skills. + Article 13 Members of staff of diplomatic missions, consular offices and representatives of international intergovernmental organizations accredited in Romania are exempted, on the basis of reciprocity, from the obligation to obtain authorization to hold Firearms and ammunition. The introduction and removal from the country of firearms by these categories of persons are allowed with the opinion of the Ministry of Foreign Affairs. + Article 14 Authorization provided for in art. 11 11 shall be granted for: a) military weapon, pistol or revolver, persons who perform a function involving the exercise of public authority, whether for security or self-defense it is necessary to hold and carry such a weapon; b) shooting weapons, coaches and athletes of category I, who are members of associations or sports clubs with shooting departments affiliated to the Romanian Tir Federation, within which they operate, to use them in the training activity and in competitions, under the conditions provided by law, as well as authorized hunters, corresponding to their own regulations in force; c) hunting weapons, members of associations of legally constituted sports hunters; d) weapons for the spreading of harmful, irritating or neutralizing gases, persons to whom, for security or self-defense, it is necessary to possess such weapons; e) panoply weapons, people who want to own such weapons as collectors. Persons referred to in lett. a), after the termination of the function involving the exercise of public authority, may request the extension of the authorization from the competent bodies of the Ministry of + Article 15 They cannot be authorized to hold, carry and use weapons and ammunition: a) minors; b) mental patients, as well as those who, due to other conditions they suffer from, established by the Ministry of Health, could endanger their own lives or others, when they would own or use weapons and ammunition; c) those who, due to criminal history or according to existing evidence to the competent bodies, present danger to public order, the safety of the state or for the life and bodily integrity of persons. + Article 16 Individuals who wish to own and, as the case may be, carry and use weapons and ammunition and who meet the legal conditions to be authorized submit application for this purpose to the county police inspectorate or to the General Directorate of Police of Bucharest Municipality, in whose territorial area they are domiciled. The application shall be resolved no later than 45 days after registration, within which the petitioner shall be notified, in writing, the manner of settlement. The way of solving the application for authorization is subject to judicial control according to the Law of Administrative Litigation and can be attacked no later than 15 days after communication. + Article 17 The person authorized to own and, as the case may be, to carry and use weapons and ammunition shall be issued "Gun Permit". In the permit of the weapon shall be entered, by the issuing body, the weapons and munitions that the holder was authorized to hold, as well as the purpose in which he can use them. + Article 18 The gun license gives the holder the right to own and, as the case may be, to wear and use the appropriate weapons and ammunition entered in it, as well as those borrowed, under the law. + Article 19 Weapons and ammunition owned by individuals can only be used for the purpose for which authorization was given. Shooting weapons are used only in polygons specially designed for this type of weapons. Panoply weapons cannot be worn, and for them no ammunition can be held in a state of use. Props can be used by the units provided in art. 3 3 para. 2 lit. g) only in places where they organize cultural-artistic activities. + Article 20 In the premises of state bodies or institutions can carry weapons and ammunition only people with powers to maintain public order and tranquility, those equipped with weapons to execute security in these premises, attendants who garde people official times that ensure the protection of Romanian or foreign personalities, as well as other military personnel in these places to carry out the ordered missions, with the approval of the competent forums. In public places, for the sale of goods, waiting rooms, public transport, railway stations, aerostations, trucks, markets, public roads and other crowded places, the shooting and hunting weapons shall be worn only in the holster and unladen with ammunition. + Article 21 At public gatherings can carry weapons and ammunition only police, gendarmerie, Protection and Guard and military police bodies, tasked with maintaining public order and tranquility, as well as other soldiers in these places. to carry out the ordered missions. + Article 22 The gun permits are targeted every 3 years by the competent body, during the period established by the General Inspectorate of Police. Licence holders shall be required to appear on a visa, on the date and place set, with the weapons entered in the permit and with the other documents required. + Article 23 The holder of a weapon permit or communication authorization on the basis of which he is to buy his weapon is obliged to notify the competent body of the Ministry of Interior of the territorial area in which he changes his domicile within 5 days of producing this change. + Article 24 The holder of a weapon permit or communication authorization on the basis of which he is to buy the weapon is obliged to ask the issuing body to issue a new weapon document, within 10 days from the date when one of the following arose. Reasons: a) in case of change of the name of the holder; b) the document was damaged or destroyed; c) the document was lost or was stolen; d) the spaces in the visa permit and the particulars have been used in their entirety. + Article 25 Authorisation shall be cancelled and the licence shall be withdrawn when the holder: a) give up holding the weapon or the weapons entered in the permit; b) after obtaining the permit, is in one of the situations provided in art. 15 lit. b) or c); c) was convicted by final court decision for committing with intent a crime to which the prison sentence is more than 3 years; d) was sentenced by final court decision for crimes to which he used the weapon or for the commission of any of the crimes under the regime of firearms and ammunition; e) no longer has the quality provided in art. 14 lit. a)-d), which conditioned the issuance of the permit; f) is in the situation provided in art. 45 45 para. 4 4; g) leave the country for good; h) does not appear, without valid reasons, on the visa of the gun permit during the period established by the competent bodies of the Ministry of Interior; i) has died or has been declared missing by final court decision; j) has enjoyed one or more contraventions for which the law provides for the cancellation of authorization and the withdrawal of the weapon permit. In the cases provided in par. 1 lit. e) and f) do not withdraw the gun permit, if other weapons are entered in it outside the same that the holder can no longer hold. In such situations, as well as when the holders sell or donate some of the weapons they hold, only the particulars relating to these weapons shall be cancelled. + Article 26 The cancellation of the authorization and the withdrawal of the weapon permit shall be made by the competent body of the Ministry of Interior in whose territorial area the holder is domiciled. Notice of withdrawal of the gun license, in the cases provided in art. 25 25 para. 1 lit. b)-h), shall be communicated to the holder, and in the situations provided in art. 15 lit. b) and art. 25 lit. i), its legal representative. Individuals who have been cancelled their authorization and have their gun license withdrawn can appeal in court the decision on the path of administrative litigation. + Article 27 When the gun permit holder is under criminal or trial prosecution, the gun license along with the weapons and ammunition belonging to the accused or defendant are raised by the judicial bodies and handed over to the police unit. powers that keep them until the final settlement of the case, including until the execution of the custodial sentence, during which the authorisation to hold and, as the case may be, to carry and use weapons and ammunition shall be suspended. In case of removal from prosecution, of termination of prosecution, of acquittal, of termination of criminal proceedings or of conviction for crimes to prison sentence of up to 3 years, police bodies return to those concerned weapon, weapons and ammunition raised, if there are no other reasons to impose the cancellation of the authorization to own and, as the case may be, to carry and use weapons and ammunition. + Article 28 In case of cancellation of the authorization and withdrawal of the weapon permit, the holder or his legal representative is obliged, within 10 days from the date of taking to the attention, to donate or submit for sale, to the specialized unit, the weapons and munitions, except for those who, according to the law, are subject to confiscation and stand up by police bodies. If the holder has died or has been declared missing, his followers are obliged, within 15 days of his death or, as the case may be, from the date of final stay of the court decision, to file with the police the weapons, ammunition and the gun license of the deceased or the missing. Weapons and ammunition provided in par. 2, except for those to be scrapped or confiscated, in the event that the descendants do not request the authorization to own them, shall be submitted by the police to the specialized units, in order to be sold at the prices established by the descendants The deceased or the missing. The amounts resulting from the sale are handed over to those in law to receive them, by the unit through which the sale was made. If the deceased or the missing has minor offspring, who want to own the weapons that belonged to the person they inherit, they will be able to be kept in custody, until the 18th birthday of one of the descendants, at the hunting association. athletes whose member was the deceased or the missing or to another association of legally constituted sports hunters. Within 10 days after the termination of the office that justified the authorization of the possession, port and use of the weapon for security or personal defense, the one in question is obliged to lay the weapon and ammunition for sale at specialized units or to donate or, as the case may be, refund the organ from which it received them. + Article 29 Weapons and ammunition which, within the time limits provided for in art. 28, were not sold, donated, submitted to the police bodies or for sale to the specialized units or, as the case may be, were not returned to the body from which they were received, they are considered to be held without right. + Section II Conditions under which legal persons may hold and use firearms and ammunition + Article 30 The Romanian legal persons, including those whose object of activity is the provision of services in the field of protection and security, may be authorized to possess appropriate firearms and ammunition, for the arming of their own guards and other employees who mince goods or other values, if this is justified in order to ensure the security of the premises, buildings or objectives belonging to them or to which they provide protection, as well as the transport of important values. Foreign legal entities may not be authorized to possess military weapons and ammunition corresponding to them. + Article 31 The Autonomous Regia of the "Romsilva" Forests and its subunits, as well as associations of legally constituted sports hunters can procure and hold, with any title, military weapons and ammunition for the security of the forest fund or the funds of hunting, with the opinion of the Interior Ministry. The control bodies of the Autonomous Forest Regia "Romsilva" and the subunits belonging to it can hold and use in the exercise of their duties and pistol. + Article 32 The Ministry of Water, Forestry and Environmental Protection, the units under its command, the Autonomous Regia of the Forest "Romsilva" and its subunits, as well as the associations of legally constituted sports hunters have the right to own and weapons of hunting for to arm its own staff in charge of protection, planned harvesting and control of animals harmful to the wine on the hunting funds they manage. + Article 33 The fish units subordinated to the Ministry of Agriculture and Food, established by it together with the Ministry of Interior and the Ministry of Water, Forestry and Environmental Protection, have the right to own alice hunting weapons, for arming its own staff in charge of removing harmful birds. In the situation provided in par. 1, the hunting weapons can only be used with blind cartridges-without alice or bullet. + Article 34 The Romanian Tir Federation, associations and sports clubs that have affiliated sections can own and use appropriate shooting weapons and ammunition. The number of weapons, their kind and the amount of ammunition necessary to carry out training and participation in sports competitions are established for each unit by norms developed by the Romanian Tir Federation. The shooting weapons owned by the Romanian Tir Federation, associations and sports clubs that have affiliated sections are kept in the spaces mentioned in the holding authorization and can only be used in the places where training or shooting competitions approved by the Ministry of Youth and Sports. Coaches and shooting instructors are obliged to keep records of weapons and ammunition consumption, on each shooter, in registers established by the Romanian Tir Federation and targeted by the competent police bodies, with the release of holding permits. + Article 35 The location, construction and approval of shooting ranges and those intended for the training of legal holders of hunting weapons shall be made on the basis of the norms established by the Romanian Tir Federation, with the authorization of the competent police bodies. + Article 36 Institutions of culture and art, cultural-artistic and sports associations can hold panoply weapons. Film production centers, circuses, theatres and other such cultural and art institutions can own and use props for the artistic activities they carry out. + Article 37 In order to authorize for the possession and use of weapons and ammunition, as well as for the construction and arrangement of polygons, the legal entities provided in art. 30-36 will apply to the police inspectorate of the county or to the General Police Department of Bucharest, in whose territorial area they are based or where weapons are to be held and used, or, as the case may be, built or Set up the Police bodies issue, target every 2 years, change or withdraw the permits for possession and use of weapons and ammunition. + Article 38 The authorization for possession and use of weapons and ammunition shall be changed in the following situations: a) in case of changing the name of legal persons; b) when the authorization has deteriorated or destroyed; c) where the premises in the authorization for visas or particulars have been used in their entirety; d) when the authorization was lost or stolen. For the issuance of a new authorization, the legal person is obliged to submit an application to the competent police body, within 10 days from the date when one of the reasons provided in par. 1. + Article 39 The issued authorisations shall be withdrawn in the following cases: a) the holder ceases the activity which determined the authorization b) the holder seriously or repeatedly violates the legal provisions on the regime of weapons and ammunition or does not immediately take measures to remove the violations found. In such cases, the legal person concerned shall immediately cease to hold or use weapons and ammunition. In the cases provided in par. 1, weapons and ammunition, except for military ones, will be alienated to natural or legal persons authorized to hold them or, as the case may be, be handed over to police bodies for scrapping. The military weapons are returned to the police bodies from which they received them, under the law. + Article 40 Legal persons authorized to hold and use weapons and ammunition shall be obliged to: a) to submit the authorization for the visa, in the period and on the established dates, to the police body provided for in art. 37 37; b) to announce the change of the headquarters at least 10 days before the production of this change, to the police body in whose territorial area the new headquarters is located, for the performance of the corresponding mentions in the authorization; c) to announce, in writing, immediately, but not later than 24 hours from the moment he became aware of the loss, theft or destruction of the authorization to hold weapons and ammunition, to the police body that issued the authorization, requesting the release a new document; d) to communicate, in writing, within 10 days, to the competent police body, about the cessation of the activity that led to the issuance of the authorization for the possession of weapons and ammunition. The authorisation to be withdrawn shall be annexed to the communication address; e) submit, within 10 days, to the competent police body, the documents proving the interest or disposal of weapons, in order to make the appropriate mentions in the authorization. + Article 41 Legal entities that have obtained permits for the possession of weapons and ammunition cannot entrust them only to their own security personnel who have the opinion given, for this purpose, by the police inspectorate of the county or by the General Directorate by the Police of Bucharest. The police issue opinions only if the persons concerned are not in any of the situations of incompatibility provided in art. 12 12 para. 1 and to art. 15 and have the military service satisfied or followed a training course for the mining of the weapon, authorized by the police. The obligation provided in par. 1 lies with legal entities and in the case of their own staff who are going to manage, handle or transport weapons and ammunition. + Article 42 The weapons held by the legal entities, during the time they are not on the personnel on the mission, shall be kept only in the places mentioned in the holding authorization. + Article 43 The employees of the legal entities, who have the opinion of the police bodies, can own, wear and use the weapons and munitions with which they are equipped, only during and for the purpose of carrying out their duties, based on the service order. Legal entities are obliged to issue a service order to their employees, who have the opinion of the police bodies, which they equip with weapons and ammunition. + Section III Possession, port and use of firearms and ammunition by military personnel + Article 44 The military may own, carry and use the weapons and ammunition with which they are equipped by the units to which they belong, under the conditions of this law, as well as the military regulations, instructions and orders given on their basis. The active military personnel have the right to carry the gun from the equipment and as weapons intended for security and self-defense, without the need to issue a weapon permit by the police bodies. + Article 45 Apart from the weapons provided, the active military personnel can hold, carry and use the military weapons received as a reward or as a gift, under the conditions of this law. On the basis of the order, the police bodies issue to the military provided in par. 1 1 gun permits. When passing in reserve or directly in withdrawal, the persons referred to in par. 1, if they wish to remain in possession of those weapons, in working order or as panoply weapons, they must request the extension of the authorization from the competent police body. If it does not require the extension of the authorization for the holding, port and use of the weapons provided in par. 1, the soldiers in question are obliged to hand them, immediately, to the military units from which they received them or the police inspectorate of the county or the General Police Department of Bucharest, in whose territorial area they are domiciled. + Chapter 3 The gun use + Article 46 By use of the weapon, for the purposes of this law, it is understood the execution of the firearm firing on persons or goods. + Article 47 Persons who are equipped with firearms may make use of the weapon, for the performance of their duties or military missions, in the following situations: a) against those who attack the soldiers in the service of guard, guard, escort, protection, maintenance and restoration of the order of law, as well as against those who, through the act enjoyed, by surprise, endanger the guarded objective; b) against those who attack the persons invested with the exercise of public authority or to whom, according to the law, they are provided protection; c) against persons who attempt to enter or exit illegally in or from units, military subunits or from perimeters or guarded areas-visibly delimited-established by consign; d) to immobilize criminals who, after committing crimes, try to flee; e) against any means of transport used by the persons referred to in lett. b) and c), as well as against their leaders who refuse to stop at the regulatory signals of the competent bodies, there are thorough indications that they have enjoyed a crime or that the commission of a crime is imminent; f) for the immobilization or detention of persons with regard to which are evidence or thorough indications that they have enjoyed a crime and who fight back or try to fight back with the weapon or with other objects that may endanger life or integrity body of person; g) to prevent the flight from the escort or escape of those in legal possession; h) against groups of persons or isolated persons who attempt to enter without right into the premises or on the perimeters of public authorities and institutions; i) against those who attack or prevent the military from carrying out combat missions; j) in the execution of anti-terrorist intervention on the objectives attacked or captured by terrorists, in order to retain or annihilate them, to release hostages and restore public order. + Article 48 Persons authorized to hold, carry and use weapons for security or self-defense can make use of the weapon, in self-defense or in a state of necessity, according to the law. + Article 49 In the cases provided in art. 47 lit. c), d), g), h) and i), will be made use of the weapon only after the legal notice has been made. The summons is done by the word "Wait!". In case of disobedience, he summons himself again by the words: "Wait, I'm pulling!". If the one in question does not obey this time either, he summons himself by firing the gun fire up, vertically. If, after the execution of the legal notice, according to par. 2, the person concerned does not obey, one can make use of the weapon against it. In the case provided in art. 47 lit. h) and i), shall be made use of the weapon only after repeated three times, at intervals sufficient for the dispersal of the participants, the summons: "Leave ....., we will use firearms!". In the situations provided in art. 47 lit. a), b), f) and j), as well as in art. 48, one can make use of the weapon without summons, if missing the time necessary for it. In the case of the use of weapons against vehicles a fire is executed vertically, and then it will be drawn in their tyres for the purpose of immobilization. + Article 50 Commanders or military chiefs may make use of the weapon against subordinates, to restore order, if other measures of hindering or coercion are not possible, when their actions are manifestly directed towards treason. fatherland or thwarting the performance of a combat mission or seriously endangering the combat capacity of the unit. In these cases, the weapon is used, respecting the provisions regarding the legal notice. + Article 51 The use of the weapon, under the conditions and situations provided for in this chapter, is made in such a way as to lead to the immobilization of those against whom the weapon is used, drawing, as far as possible, to the feet, in order to avoid causing their death. If the gun use has achieved its purpose provided in par. 1 1, the recourse to such a means shall cease. The injured person must be given first-aid and medical care. + Article 52 It will avoid, as far as possible, the use of the weapon against minors, women and the elderly. It prohibits the use of the weapon: a) against children, visibly pregnant women, except in cases where they carry out an armed or group attack, which endangers the life or bodily integrity of a person; b) in situations where the life of other persons would be received or the territory, airspace or national waters of a neighboring state would be violated. + Chapter 4 Operations with firearms and ammunition. Operation of fire repair shops + Article 53 By operations with weapons and ammunition, for the purposes of this law, it is understood: the production, manufacture, processing, experimentation, sale, purchase, trade, rental, import, export, transport, storage or repair of shooting weapons, of hunting, spreading harmful gases, irritants or neutralizing or props, munitions for these and panoply weapons. + Article 54 Legal entities that carry out operations with weapons and ammunition, other than military ones, are obliged to obtain authorization from the competent bodies of the Ministry of Interior. The authorization shall be issued to legal persons who hold premises corresponding to carrying out operations with weapons and ammunition, provided with technical protective facilities and alarm systems. Spaces designed to store munitions, staples or powder for ammunition must also correspond to labor protection rules. The authorization expressly mentions which weapons and ammunition operations are to carry out the legal person. Legal entities authorized to repair weapons can also make cartridges for hunting weapons with alice. + Article 55 Companies, whose object of activity includes carrying out operations with weapons and ammunition, may be authorized by the courts to operate, if they have obtained the favorable opinion of the competent bodies of the Ministry of Internal, in whose territorial area they are based. + Article 56 Art. 38 38, art. 39 39 and art. 40 lit. a)-d) shall also apply accordingly to legal persons carrying out operations with weapons and ammunition. + Article 57 Individuals authorized to own, wear and use hunting weapons with alice can make their necessary ammunition, within the limit of the quantity they have the right to hold. The possession of ammunition in higher numbers than that entered in the permit or authorization is prohibited. + Article 58 The loan or disposal of weapons and ammunition can only be made to persons authorized to hold them, in compliance with their destination and the purpose for which the authorization was given. + Article 59 Legal entities authorized to carry out operations with weapons and ammunition may sell to other natural or legal persons weapons, only if they present communications from police bodies that they are authorized to hold or use such weapons. Weapons. Ammunition for hunting, shooting and spreading harmful gas, irritating or neutralizing weapons, as well as powder and staples for hunting cartridges can only be sold on the basis of the gun permit presented by the holder and persons in the market. legal, only on the basis of the authorisation, within the quantity entered therein. + Article 60 Sale of weapons and ammunition, by authorized units, persons referred to in art. 13 13 para. 1, is done with the prior opinion of the Ministry of Foreign Affairs, showing that they can own weapons and ammunition, being exempted from authorization on the basis of reciprocity. If they do not benefit from reciprocity, the persons concerned may be sold weapons and ammunition on the basis of the communication issued by the competent bodies of the Ministry of Interior, accompanied by the address from the Ministry of Foreign Affairs, from that would result in the quality that they have. + Article 61 Units that trade in weapons and ammunition, organized or authorized by the Ministry of Interior, are obliged: a) to receive in consignment, for sale, weapons and ammunition from persons and units who, according to the legal provisions, have the right to sell them. The receipt in consignment for sale of weapons and ammunition is made, as the case may be, on the basis of the weapon permit, the communication issued by the police bodies, the act of donation in authentic form or the certificate of heir; b) to issue to the depositor a proof of receipt of weapons and ammunition, and after sale, a copy of the invoice; c) to enroll in the communication issued by the police bodies and presented by the buyer the data necessary to identify the sold weapon, the number of the invoice and the position in the register of weapons submitted for sale; d) keep records of the operations carried out with weapons and ammunition in the registers established and targeted by the police bodies and present them, for control, to the designated police officers and sub-officers. + Article 62 The sale of weapons and ammunition by natural and legal persons is made only through the units authorized to carry out such operations. Weapons and ammunition shall be deposited for sale in authorized units, as the case may be, on the basis of the weapon permit or communication issued by police bodies, if the weapon is not inscribed, or of the seller's gun permit, of the act of donation in the form authentic or certificate of heir. Within 10 days of the sale or donation of a weapon, the holder of the gun license is obliged to submit to the police body the gun license and the justifying document of carrying out these operations, requesting, in writing, the cancellation of the permit. If other weapons are included in the permit, it calls for its cancellation of the weapons that it no longer holds. + Article 63 The purchase of weapons by natural and legal persons shall be made from establishments authorized for this purpose, on the basis of the communication issued by the competent police body, at the request of the applicant Based on the communication issued by the police body, legal entities can also buy weapons and ammunition from economic agents in the country that produce such materials. Weapons purchased or endowed by donation or inheritance, together with the purchase invoice or other acts of acquisition, shall be presented by the holder, within 10 days, to the competent police body. On the basis of these documents, the police body issues the physical person allowed by the weapon or, if the person is the holder of such a document, enrolls the weapon, retaining the communication. In the case of legal persons, the dobindite weapons shall be entered in the holding authorization, holding a copy of the acquiring documents. + Article 64 Individuals who have procured from abroad shooting weapons, hunting or harmful gas spreading, irritating or neutralizing, as well as panoply and munitions weapons, without obtaining, in advance, approval from the police body. competent, are obliged, within 10 days of arrival in the country, to appear to the police bodies to request the authorization of their possession. Until the authorization is obtained, weapons and ammunition are held at the checkpoint for crossing the state border. In the case of the authorization of individuals who have acquired weapons and ammunition from abroad, the police body shall issue a proof with which they raise the weapons and ammunition they have been retained by the customs authorities at the checkpoint for crossing the state border through which they entered the country. If the police bodies do not issue the proof, the weapons and ammunition retained by the customs authorities at the checkpoint for crossing the state border can be returned to the persons from whom they were procured, within 90 days of their detention. If the weapons and ammunition retained at the control point for the crossing of the state border were not taken over by the persons from whom they were detained within the period provided in par. 4, they are raised and submitted by the police body to the specialized units in order to capitalize on them, at the price established by the owner, and the amounts resulting from the sale are handed over by the seller to the persons from whom they were detained. + Article 65 The Ministry of Water, Forestry and Environmental Protection, the units under its command, the Autonomous Regia of the "Romsilva" Forests and its subunits, as well as associations of legally constituted sports hunters can rent hunting weapons and may sell munitions for these foreigners temporarily coming to Romania, who want to participate in hunting in legal conditions, as well as Romanian citizens, members of sports wine associations. The conditions for the rental of weapons and the tariffs charged shall be those established by those establishments. + Article 66 For each import or export of weapons of shooting, of hunting, of spreading harmful gases, irritants or neutralization, of munitions for such weapons or of panoply weapons or props, economic agents authorized to carry out such operations are obliged to announce, 5 days before, the police inspectorate of the county or the General Police Directorate of Bucharest Municipality, in whose territorial area they are based. + Article 67 The transport of weapons and ammunition belonging to legal persons shall be carried out only by persons who have the opinion of the police bodies, as delegates and accompanied by armed security, on the basis of the transport order, which includes: the name of the delegate and the guards, the number and manner of weapons and ammunition, the place where they are transported, the route used, the authorization number and the name of the police body that issued the authorization. Legal entities carrying weapons and ammunition are obliged to notify, in advance, in writing, the police body within which they are based, presenting the documents issued by the competent units, showing that the technical condition of the the means of transport used is appropriate. The security of weapons and ammunition in transit on the territory of Romania shall be ensured by the care and liability of legal entities carrying out international transport or expeditions. Coaches and shooting instructors are required to accompany minor athletes who travel with weapons and ammunition, ensuring full security of these materials. + Article 68 Legal persons dealing with the repair of weapons are obliged to keep records in the registers established and targeted by the police bodies and to present them at their request for control. + Article 69 They may not be received for repair but weapons for which proof is made that they are legally held. If the owner of the weapon does not prove that he has it legally, the one who was presented with the weapon to repair it is obliged to notify, immediately, the nearest police body. + Article 70 The workshops to repair weapons, authorized, which buy, from legal or physical persons, reusable parts from the weapons to be scrapped, must obtain the invoice or, as the case may be, draw up the sale-purchase contract. The invoice or contract must include the identification characteristics of the parts purchased, and a copy thereof remains at the seller, which has the obligation to hand it over to the police body, once with the other parts of the weapons to be scrapped. Holders of permits or permits for possession of weapons are obliged to surrender, immediately, to the police inspectorate of the county or, as the case may be, to the General Police Directorate of Bucharest Municipality, for the purpose of scrapping, the weapons out of use or unsustainable or their components not validated by the repair shops. The surrender, to the metal collection units, of the out of use and unsustainable weapons or those established to be scrapped, as well as the receipt of such weapons by these units are prohibited. + Article 71 Legal persons authorized to deal with the repair of weapons are obliged to return the weapons entrusted to the repair of those from whom they received them, within 10 days from the date when, legally, they ceased to carry out such weapons. operations. Weapons not idled by their owners within the period provided in par. 1, although they were unaware for this purpose by those to whom they have entrusted them for repair, shall be submitted by the latter to the police body in whose territorial area they are based, who will proceed, as the case may be, to their refund to the owners or taking other measures, according to the law. + Chapter 5 Sanctions + Article 72 Violation of the provisions of this law attracts, as the case may be, civil, material, disciplinary, contravention or criminal liability + Article 73 In the case of legal persons, the criminal liability for non-compliance with the provisions of this law lies with individuals who have powers established by law, regulations, instructions or orders of the competent authorities of fire and munitions. In situations where individuals have not been established with the duties provided in par. 1, criminal liability lies with the head of the legal person + Article 74 It constitutes contraventions and is sanctioned, if not committed under such conditions that, according to the criminal law, to constitute crimes, the following facts: a) non-compliance with 22 22 para. 2 2, art. 23, 24, 57 para. 2 2, art. 62 62 para. 3 3, art. 63 63 para. 3 3, art. 64 64 para. 1 1 and art. 67 67 para. 4, with a fine of 200,000 lei to 1,000,000 lei; b) non-compliance with 7, 19 para. 2 2, art. 20 20 para. 2 2, art. 34 34 para. 2 2 and 3, art. 43, 61 and 70 para. 1, 2 and 3, with a fine of 300,000 lei to 1,200,000 lei; c) non-compliance with 6, 19 para. 1 1, art. 35, 38, 40, 41 para. 1 1 and 3, art. 42, 59, 60, 66, 67 para. 1 1, 2 and 3, art. 68, 69, 70 para. 4 4, art. 71 and 85 para. 2, with a fine of 400,000 lei to 2,400,000 lei. + Article 75 In case of contraventions provided in art. 74, the sanction can also be applied to legal entities. + Article 76 Violation of art. 19 19 para. 1 1 and 2, violation twice within one year of the provisions of art. 6, as well as the contest of contraventions attract, in addition to the fine provided for the respective contraventions, the cancellation of the authorization and withdrawal of the weapon license. + Article 77 The finding of contraventions is made by the police officers and sub-officers, who also apply the sanction. + Article 78 Against the minutes of finding the contravention and the application of the sanction you can make the complaint within 15 days from its communication. The complaint against the minutes of finding the contravention and the application of the sanction shall be settled by the court in whose territorial area the contravention was committed. + Article 79 The provisions on contraventions shall be supplemented by the provisions Law no. 32/1968 establishing and sanctioning contraventions. + Chapter 6 Final and transitional provisions + Article 80 The endowment with military weapons of public institutions authorized to hold such weapons shall be provided, free of charge, by the Ministry of Interior, through the General Inspectorate of Police. The other legal entities, as well as individuals authorized to own military weapons will receive them, in the form of a rental, from the Ministry of Interior, through the General Inspectorate of Police. The rental rates will be determined by the Ministry of Interior, in relation to the nature of the weapon and its state of attrition. The cost of the ammunition used is fully borne by the holders. For 3 years after the entry into force of this law, autonomous regions authorized to own military weapons benefit free of charge from their insurance by the Ministry of Interior, through the General Inspectorate of Police. Repair of weapons provided in par. 1 and 2 shall ensure, free of charge, by the Ministry of Interior, except in cases where it is proven that the holder is guilty of damage to the weapon, in which case he will bear the cost of the repair. + Article 81 At the request of the prosecution bodies or the courts, the competent police units will carry out expertise and technical-scientific findings, regarding the fact that a weapon meets or does not meet the characteristics provided in art. 3 and what category it belongs to. + Article 82 Within 90 days of the adoption of this law, the Government will adopt the Rules of Firearms and Munitions. + Article 83 The government may order the restriction, suspension or cancellation of the authorization of natural or legal persons to hold or use weapons and ammunition, in case of declaration of the state of necessity, when these measures are necessary to protect life to persons, public or private property, to maintain public order or to defend national security. + Article 84 The security and control bodies of the Ministry of Water, Forestry and Environmental Protection of the Autonomous Forest Regia "Romsilva" and of the subunits belonging to them, of associations of legally constituted sports hunters, as well as of the units from their subordination, they have the obligation to raise and hand over to the police bodies, within 3 days, in order to take legal measures, weapons and ammunition held without right, on persons who are found on the hunting grounds, or those with which these persons have enjoyed crimes concerning the economy of the wine. + Article 85 Gun permits and permits issued to natural and legal persons until the entry into force of this Law shall be changed by the police bodies on the occasion of the periodic visas granted on these documents. Until the new models of gun permits and permits are printed, police bodies can use the current ones in stock. Legal persons, who, under the legal provisions prior to this law, were registered with police bodies, with a view to holding weapons and ammunition for arming their own guards and personnel who mine property or other property. values, are obliged, within 90 days from the entry into force of this law, to request the police inspectorate of the county or, as the case may be, the General Police Department of Bucharest, authorization for the possession of weapons and munitions. + Article 86 This law comes into force 30 days after its publication in the Official Gazette of Romania. On the same date, Decree no. 299/1979 on the armed guard of the Danube Delta fish nurseries, H.C.M. no. 1.369/1971 on certain measures in relation to the regime of weapons and ammunition and for the establishment and sanctioning of contraventions to this regime, as amended, and the provisions relating to the regime of weapons and ammunition in Decree no. 367/1971 , and any other provisions to the contrary shall be repealed. This law was adopted by the Senate at the meeting of March 4, 1996, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT ION SOLCANU This law was adopted by the Chamber of Deputies at its meeting on March 12, 1996, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE --------