LAW No. 17 of 2 April 1996 concerning firearms and ammunition of the ISSUER published in PARLIAMENT OFFICIAL GAZETTE NR. 74 of 11 April 1996 the Romanian Parliament adopts this law.
Chapter 1 General provisions Article 1 Holding, the port and the use of firearms and ammunition, gun use and operations with arms and ammunition shall be subject to the arrangements provided for in this law.
Article 2 Production, export, import and sale of military weapons and ammunition constitute State monopolies and are subject to the legal provisions laid down to that end.
For the purposes of this Act, through the State monopoly on the export, import and sale of military weapons and ammunition means the right to perform these operations only by operators authorized for that purpose by the Ministry of finance, the Ministry of national defence or, where appropriate, of the Ministry of the Interior.
Article 3, for the purposes of this law, shall mean those weapons whose operation determine throwing one or more projectiles, heated substances or scattering of bright times harmful gases, irritating or neutralization. The operating principle is based on the strength of the expansion of gases coming from the detonation of a staples or by explosion of a cargo.
For the purposes of paragraph 1. 1, firearms are military weapons: a), made for equipping the armed forces, used in the neutralization or destruction actions of the personnel and technology to fight the enemy and any other tools, parts or devices intended to immobilize, of hurting, to kill or destroy, if has the characteristics of a military weapons;
b) firearms, shooting with bullet or shot, specially manufactured or made for tyre, approved or recognised as such by the Romanian Federation of tyre;
c) hunting weapons with the bullet, with alice or mixed, intended for viewing of vinatorii;
d) weapons made specifically to spread harmful gases, irritating or neutralization;
It's so hidden weapons) manufactured or made a way that their existence is not visible times suspected;
f) firearms panoply, made harmless, if, through their scientific value, or which constitute gifts, rewards, times are meant to be kept in institutions of art and culture, cultural-artistic associations and sporting or personal in Flamish. This category includes those firearms, in working order, which constitutes, or has historical value rarities, documentary, scientific times artistic, recognized as such by specialized institutions;
g) weapons, props made harmless, intended to be used in artistic activity-or film-production of theaters, circuses, film studios or other such cultural and artistic institutions.
Are considered to be firearms and assemblies, sub-assemblies and devices that may be established and may function as firearms.
Article 4 for the purposes of munitions Through this law, means: cartridges, projectiles and charges of any kind, which can be used in weapons. 3. In article 5 the Ministry of Interior to exercise control in accordance with the regulation of firearms and ammunition, the possession, the port and the use of weapons and ammunition, as well as on how the operations are carried out with arms and ammunition.
Article 6 to ensure the security of weapons and ammunition in their possession, holders of permits or authorizations are required to comply with the measures laid down in regulation of firearms and ammunition, adopted by decision of the Government.
Article 7 the gun permit holders or authorizations are required to notify the nearest police organ, immediately but not later than 24 hours from the moment they took the knowledge about one's own weapons lost or stolen weapons received towards the repair times.
Article 8 any person who finds weapons or ammunition is required to immediately notify the nearest police organ.
Article 9 shall be exempt from the provisions of the present law, except those relating to the use of the gun, law enforcement agencies, units, formations, military institutions and units or departments of economic agents that execute commands of firearms and ammunition for them.
Ministries and other central public administration authorities, which have subordinated units, law enforcement, and military formations, and units or departments of economic operators as referred to in paragraph 1. 1 will issue their own regulatory standards in this area, approved by the Ministers or heads of these units.
Chapter 2, and Possession of firearms and ammunition section I conditions under which individuals can hold and, as appropriate, may carry and use firearms and ammunition possession and Article 10, as appropriate, and the use of weapons and ammunition, by individuals, are only allowed with the authorization of the competent organs of the Ministry of internal affairs in whose territorial RADIUS is domiciled at the cause.
The competent organs of the Ministry of the Interior may authorize individuals to hold, to wear and to use weapons and ammunition under the present law, taking their record keeping.
The competent organs of the Ministry of Internal Affairs shall establish the number of weapons that can be held and may authorize the possession and use by the same person to no more than two cents from the same caliber weapons as well as their corresponding quantity of ammunition.
Article 11 Romanian citizens can be authorized to possess and, if applicable, to wear and to use guns shooting, hunting guns, gas guns scattering harmful, irritant or neutralization of weapons, and the panoply of military weapons, only pistol or revolver, as well as corresponding ammunition.
Aliens domiciled or residing in Romania may be authorised to hold and, where appropriate, to wear and to use guns shooting, hunting guns, gas guns scattering harmful, irritant or neutralization times panoply weapons and ammunition.
Foreigners come in Romania to participate in official competitions of shooting or to practice hunting, legal terms, may hold, carry and use guns for target shooting or hunting guns, if necessary, and appropriate ammunition only if they were scored by enforcers for the Romanian State border in passports or valid documents with Romania which entered into or if you have purchased the weapons legally or munitiile from clubs, associations or other legal entities authorized to carry on such activities.
Article 12 Holding, the port and the use of military weapons and ammunition by individuals, on Romanian territory, are prohibited.
Foreign delegations at the level of the companions to the heads of State of the time, as well as soldiers who make official visit to Romania can hold, wear and use the proper ammunition and military weapons, during their stay in the country, with the opinion of the competent bodies.
Article 13 staff members of diplomatic missions, consular offices and representations of international organisations accredited intergovernmental in Romania are exempt, on the basis of reciprocity, from the obligation to obtain authorization to hold firearms and ammunition.
Introduction and removal from the country of firearms by those categories of persons are allowed with the opinion of the Ministry of Foreign Affairs.
Article 14 the authorisation referred to in article 1. 11 shall be granted for: (a) military weapon, pistol) or revolver, fulfilling a function involving the exercise of public authority, whether for self-defense or guard is required to hold and to wear such a weapon;
b) firearm shooting, coaches and athletes of the first category, who are members of sports clubs or associations with tir workshops affiliated to the Romanian Federation of tyre, where they operate in order to use them in training and in competition, under conditions provided by law, as well as the hunting, corresponding to its own rules and regulations in force;
c) hunting weapons, members of the athletes ' associations of hunters legally constituted;
d) weapons for spreading of harmful gases, irritating or neutralize persons, for guarding or self defense, it is necessary holding of such weapons;
panoply weapons e), people who want to hold such weapons as collectibles.
Persons referred to in subparagraph (a). following the end of) the completion function involving the exercise of public authority, may require to extend the authorization of the competent organs of the Ministry of the Interior.
Article 15 may not be authorized to hold, to wear and to use weapons and ammunition: a) minors;
b) patients, and those psychic who, due to other illnesses suffering, set up by the Ministry of health, could be jeopardized by their own life or that of others, when it holds or would use weapons and ammunition;
c) those who, due to the criminal background or according to existing evidence to the competent organs, endangering public order, security of State or for the life and integrity of the persons body.
Article 16 individuals who want to hold and, where appropriate, to wear and to use weapons and ammunition and who meet the legal conditions to be licensed shall submit the application to the County Police Inspectorate or the General Directorate of Bucharest police, in whose territorial RADIUS domiciles.
Application resolves within 45 days of the registration period within which will be communicated to the petitioner in writing how to solve.
How to resolve the request for authorisation is subject to judicial control according to the law on administrative courts can be attacked and no later than 15 days after the communication.
Article 17 the person authorized to possess and, if applicable, to wear and to use weapons and ammunition shall be issued "gun permit".
The gun licence shall be entered by the issuing body, arms and munitiile which the holder was authorised to hold them, and the order in which you can use.
Article 18 gun licence entitling the holder to hold and, where appropriate, to bear and use arms and ammunition corresponding to the entered therein, as well as those lent according to the law.
Article 19 weapons and munitiile owned by individuals cannot be used in the the purpose for which the authorization was given.
Shooting weapons shall be used only in specially equipped for polygons of this type of weapons.
Panoply weapons cannot be worn, and they cannot be held ammunition in use. Weapons of props can be used by establishments referred to in article 1. 3 paragraphs 1 and 2. 2(a) g) only in places where they organize cultural and artistic activities.
Article 20 in the premises of the State organs or institutions may carry arms and ammunition only persons involved in the maintenance of public order and peace, those equipped with weapons to perform guard in these establishments, which the officials gardeaza companions or provide protection for Romanian or foreign personalities, as well as other military frames contained in these places for achieving the tasks ordered with the approval of the competent forums.
In public places, sales of goods, waiting rooms, means of public transport, train stations, aerogări, fairs, markets, public roads and other crowded places, guns for target shooting and hunting is only inserted into the Holster and Ammo neincarcate.
Article 21 The public assemblies can bear arms and ammunition only the police, the gendarmerie, the Guard and protection service and the military police, responsible for maintaining public order and peace, as well as other soldiers are in these places for achieving the tasks ordered.
Article 22 permits the gun is aimed at every three years by the competent authority during the period determined by the General Inspectorate of police.
Permit holders are required to present themselves at the target at the time and place established, with the weapons listed in the permit and any other required documents.
Article 23 gun permit holder or authorization of communication from which to buy the weapon is obliged to notify the competent body of the Ministry of the Interior and territorial jurisdiction in which they change their residence within 5 days after the production of this change.
Article 24 gun permit holder or authorization of communication from which to buy the weapon is obliged to request the issuing body for a new document, within 10 days from the date when he first appeared in one of the following reasons: (a)) in case of change of the name of the holder;
b) document has been damaged or destroyed;
c) the document was lost or stolen;
d) were used in their entirety from the gun permit spaces intended for visas and terms.
Article 25 authorisation shall cancel and withdraw gun permit where the holder: (a) its own opt-out) the weapon or weapons listed in the permit;
b) after obtaining the permit, stood in one of the situations referred to in article 1. 15 (a). b) or c);
c) has been convicted by definitive judgment for committing an offence with intent to at that jail is more than 3 years;
d) has been convicted by definitive judgment for committing offences in which it was used for weapons or for committing any of the offences under the firearms and ammunition;
e) no longer has the quality of the article. 14 lit. a)-d), which conditioned the issuance of the licence;
f) find themselves in the situation referred to in article 1. 45 para. (4);
g) departs from the country permanently;
h) fails to appear without good reason, to target gun permit during the period determined by the competent organs of the Ministry of the Interior;
I) died or was declared extinct by the remaining final judgment;
j) illustrious one or more offences for which the law provides for the cancellation of the authorization and withdrawal of the licence of the gun.
In the cases referred to in paragraph 1. and (b). e) and (f)) does not withdraw the gun permit, if it shall be shown and other weapons besides that which the holder can no longer holds. In such situations, and when holders sold or donate some of the weapons they hold, shall be cancelled from the entries relating to permit only those weapons.
Article 26 cancellation of authorization and withdrawal of the licence of the weapon shall be made by the competent body of the Ministry of internal affairs in whose territory the holder has his normal residence.
Notification of withdrawal of the licence, in the cases referred to in article 1. 25 para. and (b). b)-h), shall be communicated to the holder, and in the cases referred to in article 1. 15 (a). b) and in article 8. 25 lit. I), or designee.
Individuals who were also cancelled the authorization and withdrew the gun permit may appeal to the Court's decision on the path of administrative courts.
Article 27 where the holder of the permit for the gun was in the course of criminal investigation or trial, gun permit, along with weapons and munitiile belonging to the accused or defendant shall be lifted by the judiciary authorities and handed over to the competent police unit which they kept until the final resolution of the case, including up to the execution of the punishment of imprisonment, during which time the authorization to hold and where appropriate, to bear and use arms and ammunition shall be suspended.
In case of removal under criminal investigation, prosecution, acquittal, for the cessation of penal times condemning the jail for offences for up to three years, the police handed back the cause of gun permit, weapons and munitiile, if there are no other reasons warranting cancellation of authorization to hold and where appropriate, to bear and use arms and ammunition.
Article 28 in the event of cancellation of authorization and withdrawal of the licence, the holder or the legal representative shall be obliged, within 10 days from the date of the decision to the notice, to donate or to submit towards retail, specialized unit, weapons and munitiile, with the exception of those which, according to law, are subject to confiscation and rises towards the police.
Where the holder has died or been declared disappeared, his followers are obliged, within 15 days after the death or, where applicable, from the date of final judgement whether to lodge at the police firearms, and gun permit munitiile of deceased or dispărutului.
Weapons and referred to in paragraph munitiile. 2, with the exception of those which are to be discarded or siezed, where followers do not require authorization to hold them, shall be submitted by the police to the specialized units to be sold at prices fixed by the followers of the deceased or of the dispărutului. Proceeds from the sale shall be handed in to those entitled to receive them, the unit that made the sale.
If the deceased or disparutul has minor offspring who want to own guns that have belonged to the person you inherit, they can be kept in custody until the age of 18 years of fulfillment of one of the survivors, the hunters Association athletes whose member was deceased or disparutul or another Association of rugby athletes uncountable.
Within 10 days after the termination of the authorisation of which justified the holding of the port and use for the guarding or personal defense, the one in question is obliged to deposit the weapon and ammunition toward the sale of specialized units to donate them or, where appropriate, to return them to the body that it has received the endowment.
Article 29 Guns and munitiile that, within the time limits laid down in article 21. 28, have not been sold, donated, lodged at the police at times towards specialised retail establishments or, as the case may be, have not been returned to the body from which they were received, shall be treated as being held without law.
Section II of the conditions under which legal persons may hold and use firearms and ammunition Article 30 legal entities, including those whose main activity is to provide services in the field of protection and security, may be authorized to possess firearms and ammunition appropriate for the inarmarea guards and other employees who minuiesc goods or money If it was justified for the securing of premises, buildings or what goals belong to them or to whom they provide protection and transport of important values.
Foreign legal entities cannot be allowed to possess military weapons and their corresponding ammunition.
Article 31 Autonomous forest directed by "Rnp" and its subunits belonging to associations of hunters and sportsmen can legally buy and hold, on any basis, military weapons and ammunition for the guard of the forest fund or funds of hunting, with the opinion of the Ministry of the Interior.
The overhead control bodies of "Rnp" and its subunits belonging to keep and use in the performance of job duties and pistol.
Article 32 the Ministry of waters, Forests and environmental protection, controlled units to Autonomous forest, directed by "Rnp" and its subunits, and hunters associations legally established athletes have the right to own firearms and hunting to inarma personnel in charge of safety, and plans for vermin hunting vinatului on funds that you household.
Article 33 the fishery Units from the Ministry of agriculture and food, set up by it together with the Ministry of the Interior and the Ministry of waters, Forests and environmental protection, have the right to own firearms and hunting with alice, for its staff inarmarea responsible for removal of birds.
In the situation referred to in paragraph 1. 1, hunting weapons cannot be used than with blind-cartridges without alice or bullet.
Article 34 Romanian Federation of sports associations and sports clubs which have affiliated sections may hold and use weapons and ammunition. The number of weapons, their kind and amount of Ammo required for carrying out training and participation in sports competitions shall be determined for each unit through rules developed by the Romanian Federation of Shooting.
Shooting weapons held by the Romanian Federation of sports associations and sports clubs which have affiliated store in wards spaces mentioned in the authorization of ownership and can be used only in places where there are contests of shooting exercises times approved by the Ministry of youth and sports.
Coaches and instructors are obliged to keep shooting in day of weapons and Ammo consumption on each student, in the registers established by the Romanian Federation and countersigned by the competent police organs, with the authorization of ownership.
Article 35 Location, construction and approval of tir and polygons for preparation of legal holders of hunting weapons are carried out on the basis of the standards established by the Romanian Federation of tyre, with the authorization of the competent police authorities.
Article 36 Institutions of culture and arts, cultural-artistic associations and sporting panoply weapons can hold.
Film production centres, circuses, theaters and other cultural institutions and art can hold and use weapons of props for artistic activities they carry out.
Article 37 in order to allow for the possession and use of arms and ammunition, as well as for the construction and fitting-out of polygons, the legal entities referred to in article 1. 30-36 will apply to the County Police Inspectorate or the General Directorate of Bucharest police, in whose territorial RADIUS are established or where they are to be held and used the weapons of the time, where appropriate, built and landscaped grounds.
The police issued, targeting every 2 years, withdraw licences fold change possession and use of weapons and ammunition.
Article 38 the authorization of possession and use of weapons and ammunition shall be converted in the following situations: (a)) in case of change of the name of legal persons;
b) when authorization has been damaged or destroyed;
c) when they were used in their entirety from spaces intended for authorization or visa terms;
d) where authorization has been lost or retrieved.
For the issuance of a new licence, the legal person shall be obliged to submit the request to the competent police organ, within 10 days from the date when he first appeared in one of the grounds referred to in paragraph 1. 1. Article 39 authorizations issued are withdrawn in the following cases: a) the holder ceases the activity which has led to the authorization;
b) holder violates seriously or repeatedly laws relating to weapons and munitions regime or not, without delay, take measures for the Elimination of violations recorded. In these cases, the legal person in question is obliged to immediately cease to hold or to use weapons and ammunition.
In the cases referred to in paragraph 1. 1, weapons and munitiile, except for the military, will be disposed of by individuals or legal entities authorised to hold times, as appropriate, shall be handed over to the police for the purpose of quashing. Military weapons shall be released from the police that they have received, according to the law.
Article 40 legal entities authorized to carry and use weapons and ammunition are required to submit: a) authorization for the visa, the period and the dates established, police authorities under article 13. 37;
b) to announce the change of the registered office at least 10 days before this change, the police authorities in whose territory is situated the new headquarters for the corresponding terms in the authorization;
c) to notify, in writing, immediately but not later than 24 hours from the time when he took the knowledge about the loss, theft of destruction authorization times hold arms and ammunition, police authorities which issued the authorization, requesting the issue of a new document;
d) to communicate, in writing, within 10 days, of the police, about the termination of the activity which has led to the authorization for the possession of arms and ammunition. To address communication is attached authorization to be withdrawn;
e) submit, within 10 days, the competent police organ acts proving dobindirea or alienation of weapons, in order to make the appropriate entries in the permit.
Article 41 legal persons who have obtained authorization for the possession of arms and ammunition cannot be trusted with its own security personnel than who has the opinion given in this end of the County Police Inspectorate or by General Directorate of Bucharest police.
Police advice only if the persons concerned are not in any of the situations of incompatibility. 12(3). 1 and art. 15 and they satisfied military service or have followed a course of preparation for the minuirea weapon, authorised by the police.
The obligation laid down in paragraph 1. 1 legal persons and in case of its staff to manage, to wield or carry weapons and ammunition.
Article 42 Guns owned by legal entities, as well as in time is not on the staff of the mission shall be retained only in the places specified in the authorization of ownership.
Article 43 Employees of legal persons, who have the opinion of the police, may hold, carry and use firearms and munitiile with which they are equipped, only during and for the performance of their duties, on the basis of the order of service.
Legal persons are obliged to issue an order of service employees, which have their own police opinion, equips them with weapons and ammunition.
Section III-of the Holding, the port and the use of firearms and ammunition by the military can hold Soldiers Article 44, wear and use weapons and munitiile with which they are equipped by the units which, under the present law, as well as of military regulations, orders and instructions of the data in them.
Active military frames are entitled to wear the pistol and as weapons for self defense and guard, without the need for the issue of a permit for the weapon by the police.
Article 45 besides the supplied weapons, military assets can hold, carry and use military weapons received as reward or gift, under the present law.
On the basis of the order, the police issued the military referred to in paragraph 1. 1 gun permits.
The reserve or retired persons directly covered by paragraph 1. 1 if they wish to remain in possession of weapons in working order or as weapons of panoply, must request to extend the authorization of the competent police authorities.
In the event that you do not require the extension of the authorisation for possession and use of weapons, referred to in paragraph 1. 1, the military in the case are required to teach them once the military units from which they have received or of the County Police Inspectorate or the General Directorate of Bucharest police, in whose territorial RADIUS domiciles.
Chapter 3 Use of weapon Article 46 Through use of the weapon, for the purposes of this law, shall mean the execution of dragging with gun fire upon persons or property.
Article 47 persons are equipped with firearms can make use of the weapon, for the performance of service or military missions in the following situations: a) against those who attack soldiers are in service, security guard, escort, protection, maintenance and restoration of rule of law, as well as against those who act, illustrious, threatening the goal guarded;
b) against those who attack the people invested with the exercise of official authority which, according to the law, ensure their protection;
c) against people who are trying to break into the fold out illegally or from military units, subunits or perimeters or guarded areas-visible instruction-set by delineated;
d) for immobilization of offenders who, after committing crimes, tries to flee;
e) against any form of transport used by the persons referred to in subparagraph (a). b) and (c)), as well as against their leaders who refuse to stop at signals regulations bodies empowered by strong hints that they have existind illustrious an offence or committing a crime is imminent;
f) for immobilization or retention of persons with respect to whom there are reasonable indications that the sample times have illustrious a crime and that fighting back is trying to fight back with times the gun or other objects which may endanger the life or bodily integrity of the person;
g) to prevent flee escaping under escort or those in the legal status of ownership;
h) against persons or groups of persons who are trying to break into isolated without the premises or the designate public authorities and institutions;
I) against those who attack or hinder the military to execute combat missions;
j) in carrying out anti-terrorism intervention on targets attacked or captured terrorists in order to arrest or anihilarii them, to the issue of the hostages and the restitution order.
Article 48 persons authorized to possess, to wear and to use weapons for self-defense or guard can make use of the weapon in self-defence or in a State of necessity, according to the law.
Article 49 in the cases referred to in article 1. 47 lit. c), (d)), g), (h)) and i) will make use of the gun only after it was made legal domicile.
Domicile is effected by the word "wait!". In case of disobedience, be someaza again by the words: ' wait, as I draw! ". If the cause is not subject to any of the someaza fire is by pulling the gun up in the vertical plane.
Where, after the execution of the legal order, in accordance with paragraph 1. 2, the person does not obey, it can make use of weapon against it.
In the case referred to in article 1. 47 lit. h) and (i)), it makes use of the gun only after it was repeated three times, at intervals of time sufficient for dispersing participants, domicile: "Leave, we use guns!".
In the cases referred to in article 1. 47 lit. a), b), f) and (j)), as well as at art. 48, you can make use of the weapon without subpoena, if lacking the necessary time to do so.
In the case of the use of weapons against the motor vehicle fire is executed in the vertical plane, and then will pull their tyres for the purpose of replacement.
Article 50 Commanders or military chiefs can make use of weapon against subordinates, to restore order, if other measures of foreclosure or constringere are not possible when their actions are directed in the obvious manner towards the accomplishment of the motherland's betrayal or thwarting a fight or when might seriously threaten the ability of the fight. In these cases, use is made of the gun, while abiding by the legal provisions relating to domicile.
Article 51 gun Use, under the conditions and situations described in this chapter is done so to lead to immobilizing those against whom it uses the weapon, gasping voice, as soon as possible, in order to avoid causing their death.
If the use of the gun and listless as referred to in paragraph 1. 1, it ceases use of such means.
The person injured must be given first-aid and medical care.
Article 52 shall avoid, as possible, the use of the weapon against minors, women and elderly people.
It is prohibited to use weapons against children: a), visibly pregnant women, except that infaptuiesc a group or armed attack which endangers the life or bodily integrity of a person;
b) in situations in which it would other people putting our life times would violate the territory, airspace or waters of a neighboring state.
Chapter 4 Operations with firearms and ammunition. Operation of workshops to repair firearms Article 53 Through operations with arms and ammunition for the purposes of this Act, means the production, manufacturing, processing, experimentation, sale, purchase, lease, trade, import, export, transport, storage or repair of shooting, hunting, scattering of harmful gases, irritating or neutralization times props, the ammunition for these weapons and panoply.
Article 54 corporate entities that carry out with arms and ammunition, other than military ones, are required to obtain authorization from competent organs of the Ministry of the Interior.
The authorization shall be issued to legal entities that hold spaces corresponding to operations to be carried out with arms and ammunition, provided with technical facilities and alarm systems. Spaces intended for storing munitions, capselor or powder for ammo and must comply with the rules for the protection of labour.
In the authorization expressly stated what operations with weapons and ammunition to carry out the legal person. Legal entities authorized to repair weapons can confectioneze and cartridges for hunting weapons with alice.
Article 55 companies, whose main activity is the making of enter operations with weapons and ammunition may be authorized by the courts to work if they have obtained the favourable opinion of the competent bodies of the Ministry of the Interior, in whose territorial RADIUS are established.
Article 56 the provisions of art. articles 22 to 38. and article 39. 40 lit. a)-(d)) shall apply accordingly to legal persons who carry out with arms and ammunition.
Article 57 individuals authorized to hold, to wear and to use firearms hunting can make out with the necessary ammunition, up to the quantity which they have a right to own.
Possession of ammunition in larger numbers than recorded in the permit or the licence is prohibited.
Article 58 Lending or disposing of weapons and ammunition can be made only to persons authorized to possess them, while respecting their destination and purpose for which the authorization was given.
Article 59 the legal entities authorised to carry out operations with arms and ammunition can sell to other natural or legal persons, weapons only if they present communication from the police that they are authorized to possess or to use such weapons.
Ammunition for firearms hunting, shooting and scattering harmful gases, irritating or neutralisation, as well as powder and Staples for hunting cartridges may only sell based on gun permit holder presented, and for legal persons, solely on the basis of the authorisation, within the limits of the amount entered in them.
Article 60 sale of arms and ammunition, authorized units, persons referred to in art. 13(2). 1, is made with the consent of the Ministry of Foreign Affairs, indicating that may hold arms and ammunition, are exempt from authorization on the basis of reciprocity.
In the event that do not benefit from reciprocity, in the case of persons may sell arms and ammunition on the basis of the notification issued by the competent organs of the Ministry of the Interior, together with the address of the Ministry of Foreign Affairs, indicating the quality to have.
Article 61 units that do trade with arms and ammunition, authorized or organized by the Ministry of the Interior, shall be obliged: (a)), to receive the consignment sale, arms and ammunition from individuals and units who, according to legal provisions, are entitled to sell their. Receipt of the consignment sale of weapons and toward the ammunition is made, where appropriate, on the basis of the permit, of the communication issued by the police, the Act of donation in authentic form or certificate of inheritance;
b) to issue the depositor a receipt proof of weapons and munitions, and after the sale, a copy of the invoice;
c) to enroll in the communication issued by the police and submitted to buyer data necessary to identify the gun sold, invoice number and the position of register of weapons deposited towards the sale;
to keep track of d) operations carried out with arms and ammunition in the registers established and endorsed by the police and submit them for inspection, officers and non-commissioned officer of police specifically designated.
Article 62 Selling weapons and ammunition by individuals and legal entities shall be made only by establishments authorized to carry out such operations.
Weapons and munitiile are submitted towards the sale of authorized units, where appropriate, on the basis of the gun licence or of the communication issued by the police, if the weapon is not, or permit the gun of the seller, the gifting instrument in authentic form or certificate of inheritance.
Within 10 days after the sale or donation of a weapons permit, the holder of the weapon is required to submit to the police gun permit and voucher document to carry out these operations, requesting, in writing, the cancellation of the permit. If you are entered in the permit and other weapons thereof, ask that the terms relating to weapons that no longer holds.
Article 63 the purchase of weapons by individuals and legal entities to make the units authorized for this purpose, on the basis of the communication issued by the police, at the request of the applicant.
On the basis of the notification issued by the police, legal persons can buy weapons and ammunition and to businesses in the country that produce such materials.
The weapons bought or acquired through donation or legacy, along with the purchase invoice or other acquisition documents, shall be submitted by the holder within 10 days, of the police.
Based on these documents, the police issued gun permit an individual or, if the person is the owner of a document, enter in the gun, he retinind the communication. In the case of legal persons, their weapons are covered by the authorisation holder, whichever is a copy of the acts of larceny.
Individuals who have bought abroad shooting guns, hunting times scattering harmful gases, irritating or neutralisation, as well as weapons and ammunition, panoply without getting the approval from the competent police organ are obliged, within 10 days of arriving in the country, to come forward to the police to ask for the authorisation of their ownership.
Pending authorization, weapons and munitiile are retained at the control point for crossing the State border. If authorization for individuals who have acquired weapons and ammunition from abroad, the police shall issue a voucher with which they pick up weapons and munitiile, which were retained by customs control point for crossing the State border through which they entered the country.
If the police does not release evidence, firearms and munitiile retained by customs in the control point for crossing the State border can be returned to individuals from whom they were purchased within 90 days of their apprehension.
Where guns and munitiile retained in the control point for crossing the State border have not been taken over by people who have been detained within the time limit referred to in paragraph 1. 4, they are picked up and deposited by the specialized police units in order to exploit them at the price set by the owner, and the proceeds from the sale shall be handed in by the unemployed persons who have been detained.
Article 65 the Ministry of waters, Forests and environmental protection, controlled units to Autonomous forest, directed by "Rnp" and its subunits belonging to associations of hunters and sportsmen who legally established hunting guns can be rented, and can sell ammunition for these aliens come temporarily in Romania who wish to participate in hunting, as well as the legal conditions and Romanian citizens, members of the athletes ' associations of hunters.
Conditions of hire and tariffs are set by the respective units.
Article 66 For each import or export of firearms shooting, hunting, scattering of harmful gases, irritating or neutralisation of weapons or ammunition for such weapons, props times panoply operators authorised to carry out such operations are required to notify 5 days in advance, of the County Police Inspectorate or the Police General Directorate of Bucharest in whose territorial RADIUS are established.
Article 67 shipments of arms and ammunition belonging to legal persons shall be conducted only by persons who have the opinion of the police, as delegates and accompanied by armed guard, based on the order of transport, including: first and last name of the delegate and the guards, the number and kinds of weapons and munitions, the place where they are transported, the route used, authorization number and name of the police body which issued the authorization.
Legal persons carrying arms and ammunition are required to notify, in advance, in writing, within the police which are established, present documents issued by the competent units, indicating that the technical condition of means of transport used is appropriate.
Guarding the weapons and munitions in transit through the territory of Romania shall be ensured by the care and responsibility of legal entities which carry out transport or international shipments.
Coaches and instructors of shooting are forced to accompany them on juvenile athletes moving with arms and ammunition, the security agencies across the full of these materials.
Article 68 the legal entities dealing with repair arms shall be obliged to keep track of the records established and endorsed by the police and submit them for inspection at their request.
Article 69 shall be inadmissible repairing than weapons for which proof is provided that they are legally held. Where the owner of the firearm does not provide proof that a legal hold, at which he presented the weapon to a fix is required to notify immediately the police station nearest to you.
Article 70 Workshops to repair weapons, authorised to buy legal and physical persons, reusable pieces of weapons to be scrapped must obtain appropriate times, Bill, to draw up a contract of sale and purchase.
Invoice or contract shall include identification characteristics of parts purchased and a copy thereof remains unemployed, which required him to hand over the body of police, together with the other parts of the weapons to be scrapped.
Holders of permits or permits for holding weapons are required to teach, without delay, of the County Police Inspectorate or, as the case may be, by the General Directorate of Bucharest police, for the purpose of quashing, obsolete weapons or their components, extra times wasted through workshops to repair weapons.
Teaching, the metals collection, weapons obsolete and unmarketable or those set to be scrapped, and receipt of such weapons by these units is prohibited.
Article 71 legal entities authorized to deal with repair arms shall be obliged to repay the weapons assigned to repairing those in which they have received within 10 days of the date when, legally, ceased to carry on such operations.
Uncollected weapons their owners within the time limit referred to in paragraph 1. 1, although they have been încunoştiinţaţi for this purpose by those to whom they have entrusted the repairing, shall be submitted by the latter at the organ of the police in whose territory they have their headquarters, which shall, where applicable, the refund to the owner or from taking other measures, according to the law.
Chapter 5 Penalties infringements of the provisions of article 72 of this law shall entail, if applicable, civil liability, disciplinary, material, administrative or criminal liability.
Article 73 in the case of legal persons, criminal liability for failure to comply with the provisions of this law shall be the responsibility of the individuals who have the powers determined by law, regulations, instructions or orders of competent authorities concerning the regime of firearms and ammunition.
In situations where there were established individuals with powers referred to in paragraph 1. 1, criminal liability is the responsibility of the driver of a legal person.
Article 74 shall constitute offences and sanctions, if they are not committed in such circumstances that, according to the criminal law, to constitute the offence, the following facts: (a) non-compliance with the provisions of article). 22 paragraph 1. 2, art. 23, 24, para. 57 2, art. 62 para. 3, art. 63 para. 3, art. 64 para. 1 and art. 67 para. 4, with fine 200,000 lei to 1,000,000 lei;
(b) failure to comply with the provisions of article). 7, 19 para. 2, art. 20 paragraph 1. 2, art. 34 para. 2 and 3, art. 43, 61 and 70 para. 1, 2 and 3, with 300,000 lei fine to 1,200,000 lei;
(c) failure to comply with the provisions of article). 6, 19 para. 1, art. 35, 38, 40, 41 para. 1 and 3, article 3. 42, 59, 60, 66, 67 paragraph 1. 1, 2 and 3, art. 68, 69, 70 para. 4, art. 85 71 and para. 2, with a fine of 400,000 2,400,000 to Ron leis.
Article 75 in the case of offences referred to in articles. 74, the sanction can be applied to legal persons.
Violation of the provisions of article 76 article. 19 para. 1 and 2, twice within one year of art. 6, as well as the offences attract, in addition to the fine prescribed for the offence in question, and the cancellation of the authorization and withdrawal of the licence of the gun.
Article 77 the finding of violations is done by police officers and subofiterii, who applied sanction.
Article 78 Against the minutes of evaluation and the application of the penalty it can make complaint within 15 days of its notification.
The complaint against the minutes in respect of violation and enforcement of the sanction by the court deciding in whose territory it was committed that offence.
Article 79 provisions relating to the offence shall be supplemented by the provisions of law No. 32/68 on the establishment and sanctioning violations.
Chapter 6 transitional and final provisions Article 80 date of military weapons to public institutions authorized to carry such weapons ensure that, free of charge, by the Ministry of the Interior, through the General Inspectorate of police.
Other legal entities, and individuals authorized to possess military weapons will receive them in the form of the lease, from the Ministry of the Interior, through the General Inspectorate of police. Rental rates to be determined by the Ministry of internal affairs in relation to the nature of the weapon and its state of wear and tear.
The cost of the ammunition used is fully supports the keepers.
For 3 years after the entry into force of this law, the autonomous administrations are authorized to possess military weapons shall receive free of charge by securing them by the Ministry of the Interior, through the General Inspectorate of police.
Repair of weapons specified in paragraph 1. 1 and 2 shall provide, free of charge, by the Ministry of the Interior, unless it proves that the holder is liable for damage to the firearm, in which case it shall bear the cost of repair.
Article 81 At the request of the prosecuting bodies or courts, competent police units will conduct surveys and scientific and technical findings, regarding the fact that a weapon or not meet the characteristics specified in article 7. 3 and which category belongs.
Within 90 days of the adoption of this law, the Government will adopt the Regulation of firearms and ammunition.
Article 83 the Government may order the suspension or cancellation to restrict, authorization of natural or legal persons to hold times use weapons and ammunition in the event of a declaration of a State of necessity, when such measures are necessary to protect the life of persons, public or private property, for the maintenance of public order or for the protection of national security.
Article 84 of the Security Organs and to the control of the Ministry of Waters, Forests and environmental protection of the overhead of "Rnp" and their sub-units belonging to associations of hunters, sportsmen, legally constituted and controlled their units, have the obligation to raise and teach police within 3 days in order to take legal measures, weapons and munitiile held without located on persons that are found on land hunting, or those with which these people have illustrious hunting offences.
Article 85 gun permits and authorizations issued to natural persons and legal entities until the entry into force of this law shall be converted by the police in connection with visas be granted periodic on these documents. Until the printing of new models of gun permits and authorizations, the police can use current ones in stock.
Legal persons who, by virtue of legal provisions prior to this law, were registered with the police, in order for possession of arms and ammunition for security guards and inarmarea staff minuieste goods or money, are obliged, within 90 days after the entry into force of this Act, require the County Police Inspectorate or where appropriate, the General Directorate of Bucharest police, authorization for the possession of arms and ammunition.
Article 86 this law shall enter into force 30 days after its publication in the Official Gazette of Romania.
On the same date, the Decree nr. 299/79 concerning the guarding of army of the Danube Delta fish nurseries, H.C.M. nr. 1.369/1971 on certain measures in relation to the weapons and ammunition regime and for laying down and punish contraventions to this regime, as amended, and the provisions relating to weapons and munitions regime of Decree nr. 367/1971, as well as any other provisions to the contrary are hereby repealed.
This law was adopted by the Senate at its meeting on 4 March 1996, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. SENATE CHAIRMAN ION SADANI this law was adopted by the Chamber of deputies at its meeting of 12 March 1996, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
PRESIDENT Of The CHAMBER Of DEPUTIES ADRIAN NASTASE — — — — — — — —