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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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LEGE no. 190 190 of 16 June 1947 for the port and sale of firearms
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 134 134 of 16 June 1947



+ Chapter I General provisions + Article 1 Possession, port, purchase and sale of firearms, as well as munitions, are allowed only on the basis of authorization, in cases and in the conditions established by the present law. The authorizations are personal and cannot be transmitted in any way. + Article 2 Authorization to carry the weapon is found by a permit that also involves the right to possess the respective weapon or weapons. Authorization to possess weapons is found by a special permit that will be issued for panoply and shooting weapons. The gun license does not give the right to the one who has it, to carry the weapon at public meetings, in the venue of public institutions, in elections venues, or in any assembly. + Article 3 They are considered defense and guard weapons: automatic pistols, revolvers and rifles with a single bullet pipe, other than military-type ones. They are considered hunting weapons, weapons manufactured specifically for hunting, namely: with bullet, with alice or mixed, ghintuit or unghintuit, with or without scope, using cartridges different from military ones. + Article 4 The port-gun defence and guard permit, entitles the holder to possess the quantity of maximum 50 cartridges for weapons provided for in the permit. The hunting gun permit also involves possessing a number of cartridges, established by special instructions, for such weapons. It is forbidden to possess munitions other than those mentioned above. + Article 5 Authorization to possess weapons is granted only for panoply and shooting weapons and is found by a special permit to possess such weapons. + Article 6 They are considered panoply weapons, old weapons and family memory weapons, of any type. For panoply weapons it is not allowed to possess munitions. They are considered shooting weapons, saloon weapons and compressed air weapons, or with other mechanisms that have a calibre below 9 mm, and a maximum beating of 200 meters. + Article 7 Gun permits, as well as special permits to possess weapons, are subject to taxes that will be shown in the regulation, which are charged apart from those provided for in the hunting economy law, as well as annual extension visas at the date and in the conditions that will be shown in the regulation. + Article 8 They are exempt: a) From the obligation to have port-gun permits, as well as special permits to possess weapons: members of the Royal Family; b) From the obligation to have port-gun permits, members of the Diplomatic Corps, but only on the basis of reciprocity, ministers, state subsecretaries and members of the Assembly of Deputies; c) From the obligation to have a port-weapon of defence and security: Members of the High Court of Cassation and Justice, the first presidents of the Courts of Appeal, as well as magistrates, judicial police officers, but only during the time they exercise the function that assigns them the status of judicial police officer; County prefects; Officers and agents of the General State Police; Officers and subofficers in activity. + Article 9 In certain circumstances, for the need to ensure the public order and the State Safety, the Ministry of Internal Affairs, can suspend and even cancel, through a reasoned decision, the port-gun permits in certain localities and regions of the country and compel their owners to lay down their weapons and ammunition. + Chapter II Issue of port-gun permits for defense and security and special permits to possess panoply and shooting weapons + Article 10 The port-weapon defense and guard permits, as well as special permits to possess panoply and shooting weapons, may be issued to any person who presents guarantees of good behavior and morality, in the conditions established by the present law and regulation. + Article 11 No port-weapon defense and guard permits can be issued, as well as special permits to possess panoply and shooting weapons: Persons who have suffered any conviction for murder; Persons who have suffered any conviction for crimes sanctioned by law with custodial sentences, if from the execution of the sentence it has not been 10 years; Persons on whom there are indications or suspicions, that they will make a bad use of the weapon, either disturbing the peace and public order or endangering the safety of the State; People proven to have anti-democratic activity; Minors and persons under prohibition, cleaning, or under judicial council. + Article 12 Special permits to possess shooting weapons, can also be issued to recognized and authorized shooting associations to operate, to serve members to exercises. The shooting weapons provided for in the permits referred to in the preceding paragraph may be retained only in the places specifically intended for this purpose and on the responsibility of the legal representatives of the respective associations. + Article 13 Gun permits, as well as special permits to possess weapons, are issued by the Prefect of Police, or his delegate, for the Capital and regional police inspectors, for the rest of the country, even though that territory is under state. siege. + Article 14 The application for obtaining the gun license or special permit to possess weapons will be submitted, in the capital, to the police commissariat within which the applicant resides, and in the rest of the country to the police unit, or the station of gendarmes Respectively. The request will be motivated, showing the causes that justify it, the kind, model and series of the weapon, as well as its origin. The application shall be accompanied by the following: a) A certificate of good behavior and morality, issued by the police chief in the urban communes, and by the notary in the rural communes, in which it will be mentioned, on the responsibility of the signatory of the certificate, that the applicant presents real guarantee of good behavior and morality and that the reasons for asking for the permit are fair. The model of this certificate will appear in the Regulation; b) A proof certificate that the applicant has not suffered any conviction for crimes or offences from those entering the provisions of art. 11, issued in the capital by the Central Criminal and Identification Service in Bucharest, and in the rest of the country by the Criminal Records and Judicial Identification Office of the respective Tribunal. + Article 15 From the rule set out in the previous article, the following exceptions are made: a) For magistrates, other than those referred to in art. 8, item c, for members of the Legislative Council and for members of the High Court of Accounts, as well as of the Administrative Superior Court, the application for obtaining the gun permit or the special permit to possess weapons, will be accompanied only a certificate issued on its own responsibility by the head of that authority; b) For administrative bodies whose arms fall, according to the respective laws of organization, to the authorities or institutions on which they depend, the request for arms will be made by that authority, in the conditions to be established by regulation; c) For communal guards, estate managers, living guardians, orchards and brines, rangers and keepers of cattle, factories, warehouses and similar ones, port-gun permits will be issued in the name and on the responsibility of the owner or the respective owner, in the conditions to be determined by the Regulation. For these people the port of the weapon is only allowed during the time that the service lasts. + Article 16 The companies constituted and authorized to operate in order to ensure the security, will be subject to the same formalities as the individuals, in terms of obtaining the port-gun permit, necessary to arm the service personnel. + Article 17 The Prefecture of the Capital Police and the Regional Police Inspectorates, will keep records of the port-gun permits, as well as the special ones to possess weapons, in special registers, in which they will enroll them in the order of their release. + Article 18 Gun permits, as well as special permits to possess weapons, may be withdrawn by those authorities in the following cases: a) When the holder of the licence falls in one of the cases referred to in Article 11 b) When it turns out that the owner of the permit is an element of disorder, or does abuse of the weapon. + Chapter III Issuing of a port-gun permit + Article 19 Port-gun permits will be issued by the authorities provided in art. 13, to persons who satisfy the conditions provided by art. 10, does not enter any of the cases provided by art. 11 and are part of one of the following categories: a) Hunters who prove that they possess hunting ground, in the conditions provided by the law of the hunting economy; b) Those who are authorized in writing by the tenant of the right of hunting to hunt on its land, with the condition that the authorization be given for at least one year and have obtained the favorable opinion of the hunting administrator from the county in which the land is situated; c) Arendaces of the right to hunt, for the arming of private guards of hunting, employees and recognized as such by the Ministry of Agriculture and Domains; d) Special game guards and special fishing guards in mountain waters, recognized as such by the Ministry of Agriculture and Domains, and who have as main occupation the growth and culture of the game; e) Forest staff specifically tasked with guarding and hunting culture; f) Police body of the Ministry of Agriculture and Domains, who will be authorized to carry weapons with bullet for the purpose of combating poaching; g) Students of agronomic, forestry and veterinary schools, of any degree, which do not enter the provisions of art. 11, when they take application courses on the ground, under the direction of the teacher, in which case they will have, instead of the hunting gun permit, a special authorization, issued without payment of taxes, by the Ministry of Internal Affairs, at the request Those faculties. The port-gun permits for the persons referred to in points d and e shall be issued in the name and on the responsibility of the institutions to which they belong. These permits are valid only in the area entrusted for security. + Article 20 The approval of the permit for several hunting weapons, can be granted only on the basis of the reasoned opinion of the hunting administrator in that county. + Article 21 The wearing of the hunting weapon outside the home is only allowed to persons who, besides the port-gun permit, also possess a hunting permit, valid for the current year. + Chapter IV Trade in weapons and ammunition + Article 22 The exercise of trade in weapons and ammunition is subject to the prior approval of the Ministry of Internal Affairs and is proven by a special authorization issued by that ministry-the General Directorate of Police. + Article 23 Trade in arms shall only be permitted to persons who fulfil the following conditions: They are major Romanian citizens, satisfied the military service and have the company registered in the trade register; Do not enter any of the cases provided by art. 11. Legal entities will not be able to use, in the exercise of arms trade, than persons who meet the above conditions. + Article 24 No trader can exercise arms and ammunition trade before targeting, at the local police authority, the registers in which he will register all the weapons and ammunition entered and out of the store. The model of these registers, will be shown in the regulation. + Article 25 The sale of weapons and ammunition can only be done to persons who have valid the port-gun, as well as a special authorization to buy weapons or ammunition, issued by the prefect of the police or his delegate, for the Capital, and the Quaestors. and the heads of the police of residence, for the rest of the country, except for the persons 8. Traders may not sell to holders of gun permits other than the number and manner of weapons or the quantity of ammunition provided for in the special authorization referred to in the preceding paragraph. Special authorisations, which give the right to buy weapons or ammunition, shall be retained by traders and shall be presented to the police authorities with the situation referred to in the preceding paragraph. + Article 26 The traders of weapons and ammunition are obliged to submit quarterly to the local police authorities an exact situation of the ins and outs of weapons and ammunition, according to the model and in the conditions that will be shown in the regulation. For weapons and ammunition sold to those referred to in art. 8, traders will present, as justification, evidence signed by those people. + Article 27 The sale of weapons between individuals is allowed only on the basis of a prior special authorization given by the authorities provided in art. 25, paragraph 1. + Article 28 No one can import or manufacture weapons or ammunition without a prior authorization of the Ministry of Internal Affairs, the General Directorate of Police and the Ministry of War. + Chapter V Sanctions + Article 29 It is punishable by a fine of 5,000,000-20,000,000 lei: a) The one who, having a special permit to possess weapons of panoply or shooting, is found with such weapons outside his home or property; b) The one who, having a permit to carry the hunting weapon, but not having a hunting license valid for the current year, carries the hunting weapon outside his home. + Article 30 It is punishable by the correctional prison from 1-3 months and with a fine from 5,000,000-20,000,000 lei: a) He who keeps at his domicile or weapons of panoply and shooting, without having a special permit to possess such weapons; b) The one who, having a permit to carry the weapon, keeps on himself at his home, other munitions than those provided by art. 4 4; c) The one who, having a special permit to possess weapons of panoply or shooting, let such weapons reach into the hand of any other persons, who did not allow weapons to be possessed. + Article 31 It is punishable by correctional imprisonment from 3 months to 1 year and with a fine of 10,000,000-50,000,000 lei: a) The one who, not having a gun permit, keeps munitions on himself, or at his home; b) The one who, having a gun license, leaves that weapon to reach in the hand of a person who does not have a gun license, nor does he enter any of the categories provided for in art. 8. + Article 32 It is punishable by the correctional prison from 6 months to 2 years and with a fine of 20,000,000-50,000,000 lei, which, not having a port-gun license and not being part of any of the categories listed in art. 8, is found with the weapon of defense and security or with the hunting weapon on his or her home. + Article 33 It is punishable by the correctional prison from 2-5 years and with a fine of 10,000,000-50,000,000 lei, which, will be found with the military weapon on him or at his home. + Article 34 It is punishable by the correctional prison from 2-5 years and with a fine of 10,000,000-50,000,000 lei: a) The one who, having or not allowed to carry a gun, is found carrying the weapon on himself at a public meeting, in elections venues, at any public gathering or inside any public institution, outside the functioning of that institution, possessors of port-arbor permits b) The one who, without possession of a gun permit, is found with a weapon on him, having a conviction for crimes against the person, enjoyed with violence, or for violence and resistance to the authorities, or is under the pursuit of the authorities for atari facts, or is found at night in a home or in her dependencies, where she introduced herself without the will of the masters. If the weapons provided for in points a) and b) are military type, maximum sentence will be applied. + Article 35 Double the penalties provided by art. 29-34 in the following cases: a) When the crime was committed on a territory under a curfew; b) When the one who, after being convicted, by an irrevocable decision, for any of the crimes provided by art. 29-33, again commits a crime punishable by this law. In the cases provided by art. 31-34, the judges will order the seizure of the weapon and ammunition. + Article 36 If the shooting weapons, belonging to the shooting associations, in the conditions of art. 12, are found outside the places of the respective association, where shooting exercises or competitions are made, the legal representatives of the association will be punished with imprisonment from 1-3 months and fine from 10,000,000-50,000,000 lei. + Article 37 Those responsible for issuing the certificates provided by art. 14, which issues certificates that do not correspond to reality, are punishable by the correctional prison from 6 months-2 years, with a fine of 10,000,000-50,000,000 lei and with a correctional ban from 1-2 years. + Article 38 Traders who do not comply with the provisions of the head. V, or who will present inaccurate or false situations, will be punished with the correctional prison from 1-3 years and with a fine of 100,000,000-500,000,000 lei, lifting them and the right to trade with weapons and ammunition. + Article 39 Individuals who will carry out any sale of weapons and ammunition, without the permits provided by art. 27, will be punished with imprisonment from 3 months-1 year and with a fine of 10,000,000-50,000,000 lei. If the seller or the buyer is not a port-gun permit holder, the penalties provided for in the preceding paragraph shall be doubled. + Article 40 Those who will import or manufacture weapons and ammunition without the prior authorizations provided by art. 28, will be punished with the correctional prison from 6-10 years, with a fine of 100,000,000-500,000,000 lei and with the confiscation of the respective weapons and ammunition. + Article 41 All offences provided for in this Act will be found by any judicial police officer. The minutes concluded directly invests the competent court. + Article 42 The crimes provided for in this law are the jurisdiction of the courts. The sentence of the tribunal will be handed down with the right of appeal to the Court of Appeal, within 10 days off from the ruling. + Chapter VI Final provisions + Article 43 No one can borrow weapons or munitions to any other person. The hunting weapons are exempted, which can only be lent to people who have a hunting gun and a hunting permit, valid for the current year. Those who will disregard the provisions of the previous paragraph, will be punished with the penalties shown in art. 31. + Article 44 The one who disappears or loses a weapon or ammunition, is obliged to notify in writing the police authority from where his license was issued within 10 days, showing the circumstances in which the loss or disappearance occurred, as well as indications of the person suspected of appropriating the weapon or munitions. Those who will disregard the provisions of the previous paragraph, will be punished with a fine of 5,000,000-20,000,000 lei. If those who lost or who disappeared their weapon, want to procure a new weapon, will file the old port-gun license or license to possess the weapon at the police authority that released it, requesting his exchange for a gun. new weapon. The notified police authority will appreciate the request, on a case-by-case basis, in relation to the circumstance in which the weapon disappeared or the weapon was lost. + Article 45 Persons who have been withdrawn from their port-gun permit or special permit to possess panoply or shooting weapons, or have been denied applications for the extension of these permits, can sell the weapons for which they have allowed, in 60 days from the withdrawal of the permit, respecting the conditions provided in art. 27. After the expiry of the above deadline, the armaments will be submitted, under the proof, to the police commissaries or to the post of gendarmes, within whose radius the holder of the permit resides. Those who will disregard the provisions of the previous paragraph, will be punished with the correctional prison from 2-6 months and with a fine of 10,000,000-50,000,000 lei. + Article 46 The armaments submitted, on the date of publication of this law, to the police commissariats or to the posts of gendarmes, will enter the property of the State, if within 90 days, the respective owners will not request its refund, presenting a valid license of the gun, or a special permit to possess weapons of panoply or shooting. The armaments entered into the property of the State will be ranked usable weapons or scrap, by a commission established by ministerial decision, after which it will proceed to its sale, in compliance with the provisions of this law and the law on public accounting. + Article 47 For the armaments deposited at the police commissaries or at the station of gendarmes, in accordance with the provisions of art. 44, it will be done according to the rules shown in art. 46. + Article 48 Within 30 days of the entry into force of this law, those who will willingly submit to the police commissariats or to the post of gendarmes, armaments and ammunition possessed illegally, will be defended by any penalty. + Article 49 Any provisions, contrary to this law, are also repealed. (Opinion of the Legislative Council, section I, no. 8 of 1947). ---------------