“In connection with the current criminal situation ...” - which of us did not hear these words that warn of a possible danger. One of the reasons contributing to the development of negative factors is the illicit trafficking of striking objects. This situation leads to the emergence of a black arms market in Russia. Along with its development, prerequisites arise for improving organized crime and terrorism.
The concept
By definition, a weapon is any means that can be used to signal, save a life (self-defense), kill or defeat any living target.
In order to ensure a unified legal policy in the field of arms trafficking, in 1997 the Federal Law “On Weapons” No. 150-FZ entered into force, which regulates the entire arms sphere and gives basic concepts. In accordance with the law, the function of exercising control over the circulation of firearms is assigned to the police. The terms of reference are defined in the Federal Law "On Police", which entered into force in 2011.
It should be noted that with the adoption of the Law on Arms, the number of people acquiring hunting, sports and other rifles and pistols in a legal way has increased. In this case, weapons are subject to mandatory registration, and the owner must have a license to purchase, store and use this item. This function is carried out by a special police department - FRA (licensing and permitting department).
Unfortunately, the law “On Weapons” does not disclose the subject sufficiently, which allows us to interpret this norm at our discretion. In particular, the category of non-lethal weapons (for example, a gas gun) is not included in the list , which, although not traumatic, is intended for shooting. Standard bullets can be replaced by traumatic.
Types of weapons
The following types are listed in Law No. 150-FZ (some of them are brought to the illegal arms market).
1. Civil weapons:
a) weapons of self-defense:
• smooth-bore firearms, including those with traumatic cartridges.
• Limited impact weapons.
• Gas weapons.
• Electroshock devices.
b) sports weapons:
• A gunshot with a rifled barrel.
• Smoothbore.
• Cold blade.
• Throwing.
• Pneumatic with muzzle energy of not more than 3 J.
c) hunting weapons:
• Long-barreled gunshot with a rifled barrel.
• Long-stemmed smoothbore, including with a threaded portion of not more than 140 mm.
• The combined type of long-stemmed, including with interchangeable and loose threaded trunks.
• Pneumatic with muzzle energy of not more than 25 J.
• Cold blade.
d) signal weapon ;
e) a blade weapon for wearing with a national costume;
f) weapons used for cultural and educational purposes - antique, decommissioned, of cultural value.
Thus, these types of weapons are quite legal and can be manufactured, purchased, suitable for carrying, storage and use.
Armament, which prevails in illegal circulation, is mainly military firearms. The cost of weapons in the black market is determined by suppliers.
Self-upgrading weapons
There are frequent cases when weapons undergo amplification prohibited by law. Any manipulations with it, which lead to the fact that various characteristics that are not provided for by law, change significantly, make this weapon prohibited. Particular attention should be paid to these cases, since the legislation does not indicate the moments that allow modernization. For such spontaneous change and use, administrative and criminal liability is provided.
In particular, article 223 exists in the Criminal Code, which states that the manufacture, alteration or repair, as well as the illegal arms trade, are illegal, which may entail punishment of up to two years of real term in a colony. Moreover, those persons who, as a result of their actions, nevertheless realized the illegality of the manipulations and voluntarily surrendered the arsenal, are exempted from criminal liability.
In the administrative code, articles 20.8–20.15 regulate the use, transfer, sale, modification and licensing of weapons, as well as their carrying by persons who are intoxicated or otherwise intoxicated. A fine is provided for persons who have committed an administratively punishable offense, which entails the imposition of a fine in cases where it does not contain a criminal offense. In this sense, researchers of Russian law argue that the inconsistency of the criminal and administrative code with respect to arms trafficking creates a duality of punishment in legislative policy, as it can be difficult to determine the relationship of responsibility.
Causes of arms trafficking
Illicit arms trafficking in Russia still has the scale of an epidemic due to the lack of technical and legal standards in the work of the licensing and permission department. The production of standardization and certification of weapons is enshrined in the law "On Technical Regulation", which was adopted in 2003. However, the specifics of a weapon as an object that poses a threat to life and health requires the adoption of legislative acts regulating all the features of a weapon, excluding the use not related to its properties.
You can start with the fact that illegal arms trafficking among the population is quite common. Deficiencies in legislation are reflected in the unwillingness of citizens to register it. This is primarily due to the duration of the procedure, the need to perform actions for which there is not always enough time. Employees themselves say that it is necessary to improve technical regulations that would speed up the licensing and registration of weapons. Revealing the compliance of weapons with technical specifications requires at the moment expert knowledge that FRA employees do not possess. This, in turn, creates the need to attract third-party specialists, which requires a certain amount of time.
In addition, it can be noted that illegal weapons are required for people who are not able to obtain them legally for any reason.
Legal acquisition of weapons
For the legal acquisition of objects of damaging power, you must obtain permission and a license. Without these documents, a weapon owned by a citizen will be considered illegal. Weapons must be purchased from an officially registered entrepreneur by permission, which can be obtained from the licensing department. It really is six months. A gunshot unit must be provided for inspection in the same department. If necessary, a control shooting is carried out with the results recorded in a bulletproof library, and then you can get a license to store, carry and use weapons. The document is valid for 5 years. To obtain such permission, the following steps must be taken:
- Get a medical commission.
- Undergo the necessary training for handling weapons.
It should be noted that it is forbidden to own weapons to persons who:
- are registered in drug addiction and neuropsychiatric dispensaries ;
- have outstanding convictions;
- have extinguished convictions for illegal arms trafficking;
- have not reached the age of 18 years.
To acquire certain types of weapons, the age must be at least 21 years.
These and other significant provisions of the laws on weapons, including the criminal and administrative code, must be strictly observed, otherwise the circulation of weapons will be considered illegal.
Illegal acquisition of weapons
A completely different legal institution has a black arms market in Russia. Compared to it, the illegal modernization of weapons on their own is part of the iceberg on the surface of the shadow economy. Currently, weapons can be purchased not only knowing the suppliers directly, but also through the Internet.
The high cost of such weapons, compared with legal specimens, is not an obstacle for criminals or citizens who simply want to be armed. Overpaying, the buyer not only saves time, but also receives any weapon according to his needs.
The black arms market in Russia is constantly replenished with more and more copies, and methods of combating illicit arms trafficking remain at the same level.
Sources of illegal weapons
It mainly comes from the following sources:
- Military warehouse (theft of weapons from military bases).
- Army track (theft of weapons during hostilities).
- Service weapons stolen from law enforcement officials.
- Manufacturers of weapons that do illegal business.
- Smuggling from neighboring countries.
According to statistics, 17% of weapons come from places of armed conflict, 14% - cases of theft, 5% of the total - the results of the activities of "black archaeologists". However, respondents who did not want to give their names, who have certain knowledge in the field of illegal arms trafficking, said that no one was buying weapons found during excavations for a long time - it was solid.
Legal purchase of weapons. Right to purchase
The cost of weapons of legal production depends on what kind of weapon it is acquired. In addition, ordinary citizens can buy the following types:
- Weapons for self-defense.
- Athletic.
- Hunting
- Bladed edged weapon, which is designed to be worn with a national costume.
Military weapons can only be purchased for their intended purpose, if this is associated with the need to use them. These may be the following structures:
- Law enforcement agencies.
- Militarized security.
- Armed forces of the Russian Federation.
- Private security organizations.
At the same time, military weapons, the prices of which are regulated by the state, are acquired under a license that is issued to the organization itself. Employees with permission to store and carry weapons undergo special training.
The cost of smoothbore units on one of the legal sites:
The cost of some types of illegal weapons
The black arms market in Russia provides models mainly of combat units. According to some reports, TTs are more common than PMs, since the “Makars” are delivered mostly discarded, that is, they have already shot their own.
Today, modern organized crime prefers to use foreign weapons with a silencer, so domestic models have fallen dramatically. The cost of weapons varies from 100 to 900 dollars, and in some cases even higher.
For example, in the 90s, when the rampant crime was at its peak, the AK-74 could be bought for $ 500. To date, the situation has changed, and the same machine, and already been in business, can be purchased for $ 150.
There are no exact statistics on the cost, all the more it is impossible to find a price list for “black weapons” in the public domain, however it is reliably known that the price is almost twice the legal price.
Officially, the Ministry of Defense refused to purchase AK-74 in favor of a new weapon, which Izhmash might provide to the state. At the moment, the warehouses are overflowing with this type of weapon, while in modern military affairs models are more advanced than the legendary machine gun.
License deprivation
Companies that manufacture weapons are required to have a license under the regulation “On licensing of certain types of activities”. In addition, not only legal norms must be observed, but also the conditions of production, storage and sale. The police, in accordance with the Law on Police, have the right to inspect premises, including utility rooms, for compliance with the above conditions. If a police officer has identified any violation, an appropriate act is drawn up. In this case, the company may lose its license.
Further production and sale of weapons without permits is an illegal act, which is punishable by law. This provision is reflected in article 171 of the Criminal Code of the Russian Federation - illegal entrepreneurial activity without a license.
Illegal weapons production
Not all enterprises that have lost their license refuse to produce and sell weapons. Commercial activity on the turnover of combat units brings substantial income, so there is an illegal business for the manufacture and sale of weapons. Basically, transactions go through well-known individuals in whom management is confident.
The transfer of arms production to the shadow economy brings significant losses to the state, since the funds received during the sale of weapons are unregistered and acquire the status of illegal proceeds. In the future, they are legalized, but these funds are not subject to tax control .
Money laundering is provided for in Articles 174 and 174.1 of the Criminal Code of the Russian Federation and provides for punishment of up to 10 years in prison.
Features of collection weapons, copies and replicas
Not only military weapons, the prices of which were indicated earlier, but also collection ones, fall under the legislative regulation. It is also subject to registration and certification, even if not used. Basically, such a weapon is of historical value, and there are enough people wishing to purchase a unique instance.
In addition, there are copies and replicas of weapons that are reproduced according to the drawings of the original. These types of objects, in fact, are not considered as weapons, since they do not have an amazing ability, but they have all the features of the original.
Copies, mock-ups, replicas of weapons are not actually an object that has life and health-hazardous characteristics, so it can be freely purchased without any permits.
It is worth remembering that although carrying a copy of a weapon is not a crime, a citizen has the right to detain police officers to clarify the circumstances, since confirmation of the truthfulness of the words of the owner of the item reproduced in the image of the original is necessary.
Legalization of weapons
The legalization of weapons deserves special attention. In 2014, a message appeared that the wearing and use of any units, including combat ones, would soon be allowed. However, the Ministry of Internal Affairs has denied this statement, saying that the technical regulations will be modernized. This clarification will have nothing to do with permitting the circulation of any weapon, the ministry said.
To date, amendments have been made to the "Rules for the circulation of civilian and service weapons and their ammunition in the territory of the Russian Federation", according to which it is allowed to carry traumatic weapons to citizens for self-defense, licensed to store, carry and use them. Previously, the law allowed carrying weapons only during training firing, hunting and sporting events.