Law No. 190 Of 16 June 1947 For Port And Selling Firearms

Original Language Title:  LEGE nr. 190 din 16 iunie 1947 pentru portul şi vînzarea armelor de foc

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Law No. 190 of 16 June 1947 for port and sale of firearms, published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 134 of 16 June 1947 chapter I General article 1 Dispoziţiuni Possession, buying and selling of weapons, firearms, and the muniţiunilor, shall be permitted only on the basis of autorizaţiune, in the cases and in the generally established by the present law.
Autorizaţiunile are personal and cannot be transferred in any way.


Article 2 authorization to carry a weapon is found through a license involving the right to possess the weapon or weapons involved.
Authorization to possess weapons is established through a special permit will be issued for the panoply of weapons and shooting.
Port license-firearm does not entitle him to wear has the gun at public meetings, in the premises of the public charitable institutions, premises, or at any meeting.


Article 3 Are considered defensive weapons and guard: automatic pistols, rifles and lead with single pipe with bullet, other than military.
Hunting weapons are considered weapons manufactured especially for hunting, namely: with the bullet, with alice or mixed, ghintuite or neghintuite, with or without bezel, întrebuinţând different cartridges for the military.


Article 4-port weapon permit defence and security, entitles the holder to possess the quantity not exceeding 50 cartridges for weapons referred to in the permit.
Port license-firearm hunting involves possession and of a number of cartridges, established by special instructions for such weapons.
It is prohibited the possession of other muniţiuni than those specified above.


Article 5 Authorisation of possessing weapons shall be granted only for the panoply of weapons and shooting and is established through a special permit possessed such weapons.


Article 6 Are considered weapons of ancient weapons and panoply weapons, family recollection of any type.
For firearms possession is not allowed panoply of muniţiuni.
Are considered to be firearms, shooting guns and said weapons with compressed air, or with other mechanisms that have a size under 9 mm, and a maximum of 200 metres from the beating.


Article 7-port weapon permits, special permits and possessed weapons, are subject to duties that will appear in the regulation, to be collected in addition to those laid down in the law on hunting economy as well as the annual visa extension at the time and in the very top image will show in the regulation.


Article 8: (a) Are exempted) from the obligation to have allowed ports, as well as special permits possessed weapons: members of the Royal family;
  

b) from the obligation to have allowed ports for the Diplomatic Corps members, but only on a reciprocal basis, Ministers, subsecretarii and members of the Assembly of Deputies;
  

c) from the obligation to have allowed port-guard defense weapon: the members of the High Court of Cassation and justice, the early Presidents of the courts of appeal, as well as magistrates, judicial police officers, but only while exercising the function which assigns the status of judicial police officer;
Constables by County;
Police officers and agents of the State in General;
Officers and enlisted in the task.


Article 9 under certain circumstances, for the need to ensure public order and State security, the Ministry of Internal Affairs, suspend and cancel even by means of a reasoned decision, handgun permits from port-specific localities and regions of the country and force their owners to deposit weapons and muniţiunile.


Chapter II permits the harbour-defence weapon and guarding of special permits of firearms possessed panoply and shooting Article 10 port permits-gun defense and security, as well as special permits of firearms possessed panoply and shooting, may be issued to any person who presents guarantees of good behavior and morality, generally established by the present law and regulation.


Article 11 may not be releasing ports permitted weapon of Defense and security, as well as any special permits possessed arms and panoply of shooting: individuals who have undergone any conviction for murder;
Persons who have undergone any conviction for an offence punishable by law with deprivation of liberty, whether in the execution of the death penalty have not passed 10 years;
The persons upon whom there are indications or suspicions, that will make a bad use of the weapon, be an uneasy peace and public order, be they jeopardize the safety of the State;
Persons that have proven anti-democratic activity;
Minors and persons under interdiction, guardianship, or under the Judicial Council.


Article 12 Permits special shooting weapons possessed, and asociaţiunilor may be issued by the recognized and authorized tir to function, to serve members of the exercises.
Shooting weapons referred to in the preceding paragraph permits referred to may not be held only in the places specifically designed for that purpose and under the responsibility of the respective legal representatives asociaţiunilor.


Article 13-port weapon permits, special permits and possessed weapons, shall be issued by the prefect of police, or his delegate, to the capital and regional police inspectors for the rest of the country, even if that territory is under curfew.


Article 14 application for obtaining the permit of port-weapon or special permit possessed weapons will lodge in the capital, at the police station within which the applicant is domiciled, and the rest of the country, the police or gendarmerie station respectively.
The application will be motivated, the causes that justify it, the way, the model and the serial number of the weapon, as well as its origin.
Application shall be accompanied by the following documents: a) a certificate of good behavior and morality, issued by the Chief of police in urban municipalities, and rural municipalities, the notary will mention the responsibility of the signer's certificate, the applicant submits that the real guarantee of good behavior and morality and that the reasons for which the required permit are fair.
  

The model of this certificate will appear in the regulation;

(b) a certificate as proof) that the applicant has not suffered any conviction for crimes or offences of the entering into the article. 11, issued in the capital of the Central criminal records and Identification, and in the rest of the country by the judiciary police and judicial identification of the respective Court.
  


Article 15 Of the rule established in the preceding article, the following excepţiuni: a) For magistrates, other than those referred to in article 1. 8, section c, for the members of the Legislative Council and members of the High Court of Auditors, as well as Higher Administrative Court, the application for obtaining the permit of port-weapon or special permit to possess weapons, will be accompanied by a certificate issued only on honour of the head of that authority;
  

(b) administrative bodies) For whose arms according to the laws in question falls, borne by the authorities or charitable institutions to which they belong, the demand for arming will be doing this authority in the very top that will be established by regulation;
  

c) For administrators of communes, guarzii estates, guardians of vineyards, orchards and ţarini, pădurarii and livestock guardians, factories, warehouses and other port permits, firearm will be issued on behalf of and under the responsibility of the employer or owner, respectively, in the very top that will be established by regulation.
  

For these people there is no weapon against the port than during how long does the service.


Article 16 Companies established and authorized to operate in order to ensure security, will be subject to the same formalities as particularii, in terms of obtaining of the permit of port-arms weapon required service personnel.


Article 17 the Police Prefecture and Regional labour inspectorates, police will keep track of the port, as well as special ones to possess weapons in special ledgers, in which you will enter in the order of their issue.


Article 18 permits gun ports, and special permits to possess weapons, can be withdrawn by those authorities, in the following cases: (a) the permit holder) when it falls in one of the cases provided for in article 11;
  

b) when it appears that the permit holder is an element of randomness, or abuse.
  


Chapter III permits for hunting gun ports article 19 will issue permits for hunting gun port of the authorities referred to in article 1. 13, persons who meet the rigid conditions provided for in art. 10, does not fall within any of the causes provided for in art. 11 and are part of one of the following categories: a) showing evidence that Hunters possess hunting land, generally with the law of the economy of hunting;
  

b) those who are authorized in writing by law arendaşul of dogs to hunt on his land with condiţiunea as autorizaţiunea to be given for a period of at least one year and have obtained the favourable opinion of the administrator of the County which is located on the land of dogs;
  

c) Leaseholders the right game for arming guards private hunting, and recognized as such by the Ministry of agriculture and Areas;
  

d) Special Guards and special guards game fishing in mountain waters recognized as such by the Ministry of agriculture and the fields, and which have as their main occupation and of hunting culture;
  

e) staff specifically in charge of forestry with guarding and hunting culture;
  

f) hunting Police Corps of the Ministry of agriculture and the areas that will be authorized to bear arms with the bullet in order to combat poaching;
  


g) forestry schools, agricultural and veterinary, of any degree, which does not fall within the provisions of art. 11, when I do lectures on application field, under the leadership of Professor, in which case they shall have in place the permit of port-hunting weapon, a special permit, which is issued without payment of taxes by the Internal Affairs Ministry, at the request of the respective Faculties.
  

Port permits hunting weapon for persons referred to in points (d) and (e), shall be issued in the name of and on the responsibility of charitable institutions to which they belong.
These permits are valid only in the area entrusted to guard.


Article 20 permit Approval for more hunting guns, may be granted only on the basis of reasoned opinion of the administrator of the respective County.


Article 21 Wearing firearm hunting outside the home is permitted solely to persons who, under the auspices of the hunting weapon ports, possess and hunting permit, valid for the current year.


Chapter IV trade in weapons and muniţiuni Article 22 exercise of trade in weapons and muniţiuni is subject to the prior approval of the Ministry of Internal Affairs and proves through a special permit issued by the Ministry-General Police Personnel.


Article 23 arms trade is not permitted solely to persons who meet the following conditions: major Are Romanian citizens were satisfied with the service and have the company entered in the commercial register;
Do not fall in any of the cases provided for by art. 11. Legal entities will not be able to use, in the pursuit of arms trade, than people who meet rigid conditions above.


Article 24 No trader may not engage in trade with weapons and muniţiuni before the visa, the local police authority ' in to score all weapons and muniţiunile in and out of the store.
The pattern of these registers, shall appear in the regulation.


Article 25 Selling weapons and muniţiunilor cannot be done solely to persons who have a valid permit of the port, and a special permit to buy weapons or muniţiuni, issued by the prefect of police, or his delegate, to the capital, and police chiefs of Quaestors and residence for the rest of the country, with the exception of the persons referred to in art. 8. traders cannot sell to holders of permits from the port-number and kind than weapon weapons or special muniţiuni referred to in the authorization referred to in the preceding paragraph.
Special permits, which give the right to buy guns or muniţiuni, do traders and police authorities are presented with the situation referred to in the preceding paragraph.


Article 26 merchants of weapons and muniţiuni are obliged to submit quarterly local police authorities the exact situation of the entrances and exits of weapons and muniţiuni, according to the model and generally what will show in the regulation.
Muniţiunile weapons and sold to those referred to in article. 8, traders will present as justification, evidence of those individuals.


Article 27 Sale of weapons between private persons is permitted only on the basis of a prior date of autorizaţiuni special authorities under article 4. 25, paragraph 1.


Article 28 No person may import or guns or muniţiuni without prior authorization of the Ministry of Internal Affairs, the National Police General and the Ministry of war.


Chapter V Penalties Article 29 shall be punished by a fine of 5,000,000-20,000,000 lei: a) that, having valid special possessed guns or shooting, panoply is found with such weapons outside the home or its property;
  

b) who, having allowed port-firearm hunting, but not having a valid hunting permit per year, bear hunting gun outside his home.
  


Article 30 shall be punishable by correctional prison from 1-3 months and a fine ranging from 5,000,000-20,000,000 lei: the one who keeps on) his residence and panoply weapons shooting, without special permit possessed such weapons;
  

b) who, having allowed ports for the weapon, the times kept his home, other muniţiuni than those envisaged by art. (4);
  

c) who, having valid special possessed guns or shooting, panoply leaves such weapons to reach the other person's hand, which did not permit possessed weapons.
  


Article 31 shall be punished with imprisonment from 3 months correctional facility at 1 year and a fine of from 10,000,000-50,000,000 lei: a) that, having allowed port-muniţiuni weapon upon himself, keeps, or at his residence;
  

b) who, having allowed port-weapon as the weapon in question, to get into the hands of a person who has no permit for gun ports, nor does it fall within any of the categories referred to in article 1. 8. Article 32 shall be punished by correctional prison from 6 months to 2 years and by a fine of from 20,000,000 50,000,000 lei-one who, having allowed port-gun and part of what they cannot spare any of the categories enumerated in article 4. 8, is found with the weapon defense and guard or hunting weapon with him to his home.


Article 33 shall be punished by correctional prison from 2-5 years and fine of 10,000,000 50,000,000 lei-one that will be found with military-type weapon upon himself or his residence.


Article 34 shall be punished by correctional prison from 2-5 years and fine of 10,000,000-50,000,000 lei: a) that, having or not allowed by the port is found holding the gun on him at a public meeting in the premises of the election, at any public meeting or within any public instituţiuni out the officials of that institution, holding the gun port permits;
  

b) that, without possession of a permit of the port, is found with the weapon upon himself, having a conviction for an offence against the person, committed with violence, or the violence and resistance toward the authorities, or under the responsibility of the authorities for pursuing such facts, or is found in a dwelling at night times in its dependencies, where it was introduced without the will of the masters.
  

If the weapons referred to in points a and b)) are military, the maximum penalty will be applied.


Article 35 shall apply to double the penalty provided for in art. 29-34, in the following cases: a When the offence) was committed on a territory under siege;
  

b) when the one who, having been convicted, by a final decision, for any of the offences provided for in art. 29-33, commits a crime again punished by this law.
  

In the cases provided for by art. 31-34, the judges will have the confiscation of the firearm and ammunition.


Article 36 If shooting guns, belonging to the asociaţiunilor of tyre, in the rigid conditions of art. 12, are found outside the respective workplaces, where asociaţiunii do exercises or shooting competitions, legal representatives asociaţiunii will be punished with imprisonment from one to three months and a fine of 10,000,000-50,000,000 lei.


Article 37 Those responsible for issuing the certificates provided for in art. 14, why not issuing certificates correspond to the facts, are punished with correctional prison from 6 months to 2 years, with fine 10,000,000-50,000,000 lei and with ban at the correctional facility 1-2 years.


Article 38 Traders which are not in conformity provided for in chapter dispoziţiunilor. (V), or which will present inaccurate times false, situaţiuni will be punished with correctional imprisonment from 1 to 3 years and with fine 100,000,000-500,000,000 lions, lifting them and the right to make trade with weapons and muniţiuni.


Article 39 Particularii that will make any sales of arms and muniţiuni without the authorisations provided for in art. 27, will be punished with imprisonment from 3 months-1 year and a fine of from 10,000,000-50,000,000 lei.
If the seller or the buyer is not the licence holder of the port, the penalties provided for in the preceding paragraph shall be doubled.


Article 40 Those who will import or weapons and muniţiuni without prior authorizations provided for in art. 28, will be punished with correctional prison from 6-10 years, with fine-and 100,000,000 500,000,000 with confiscation of weapons and munitions in question.


Article 41 all offences provided for in this law shall be found by any officer of the judicial police.
The report concluded the învesteşte directly to the competent court.


Article 42 Offences provided for in this law shall be within the competence of the courts.
The sentence of the Court will be given the right of appeal to the Court of appeal shall, within 10 days from the pronouncement of the judgement.


Chapter VI final provisions Article 43 Dispoziţiuni no one can borrow or muniţiuni of any other person. It exempts firearms hunting, which can lend only to persons who have enabled port-gun hunting and hunting permit, valid for the current year.
Those who despise dispoziţiunile the preceding paragraph, shall be punished with the penalties referred to in article 1. 31. Article 44 That which disappears or loses a weapon or muniţiuni, is obliged to inform the police authority in writing where i was issued the permit within 10 days, indicating the circumstances in which the loss occurred or disappearance, and the person suspected of insomuch upon acquiring the firearm or muniţiunilor.
Those who ignore dispoziţiunile in the preceding paragraph, shall be punished with a fine of 5,000,000-20,000,000 lei.
When those who have lost or who disappeared, they want to procure a new weapon, the old licence shall carry a weapon or firearm licence authority possessed police who issued it, asking his new weapon Exchange.

Police authority seised will appreciate the request on a case by case basis, in relation to the circumstance in which disappeared or was lost.


Article 45 persons who withdrew the permit of port-weapon or special permit to possess guns or shooting panoply, times have rejected requests for the extension of such permits, can sell firearms to that allowed in for 60 days following the withdrawal of the licence, subject to rigid conditions. 27. After the expiry of the above, the troops will submit, under the evidence, making the police stations or gendarmerie station, within which the permit holder is domiciled.
Those who despise the dispoziţiunile from the preceding paragraph, shall be punished with correctional prison from 2-6 months and fines from 10,000,000-50,000,000 lei.


Article 46 Troops filed on the date of publication of the present law, the police stations or gendarmerie stations, will enter straight into State ownership if within 90 days of their respective owners will not request restitution, displaying a valid permit ports, or a special permit for the firearm possessed or shooting panoply.
The troops entered in State ownership will be classified weapons usable or scrap metal by a comisiune established by ministerial decision, after which it will proceed to sell him, in compliance with the present law and dispoziţiunilor of the law on the public accounting.


Article 47 For troops in police stations or gendarmerie post in accordance with dispoziţiunile art. 44, will proceed according to these rules referred to in article 1. 46. Article 48 within 30 days of the entry into force of this law, those who voluntarily submit to police stations or gendarmerie post, illegally possessed arms and muniţiunea, will be defended by any penalty.


Article 49 Any contrary law, dispoziţiuni, am and remain repealed.
(Opinion of the Legislative Council, section I, no 8 of 1947).
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