Proposed Legislation of Civilian Firearms Ownership

The draft law defines conditions and procedure by which citizens of Ukraine and legal entities can obtain documents on civilian firearms ownership. Legally capable citizens of Ukraine, foreigners and stateless persons permanently residing on the territory of Ukraine have the right for a firearms owner's certificate. This right is denied to persons who have medical contraindications, outstanding or unexpunged convictions for a number of criminal offenses and have been sued administratively under a number of articles within a year.

In order to purchase a firearm, an individual must have a firearms owner's license. This document must specify the category of weapon that a person has the right to own and use. The first such certificate is issued for three years, each subsequent one for five.

According to the draft law, the arms owner must also have a registration certificate for each piece of arms. All items of firearms must be entered in the Unified State Register of Civilian Firearms. Powers of entities are defined by the Unified State Register of Civilian Firearms. The right to own a weapon arises from the moment of its entry into the register.

Persons who intend to obtain a firearms owner's license for the first time must take courses on components and handling of arms.

There is classification of civilian firearms. In addition to automatic firearms (category A), the draft law defines four other categories:

• B — smooth-bore short-barreled firearms (traumatic);

• C — short-barreled firearms (excluding smooth-bore short-barreled (traumatic) guns);

• D — long-barreled smooth-bore firearms;

• E — long-barreled rifled and combined firearms.

25-year-old-plus individuals with no criminal records and administrative violations have the right for category E weapons.

Individuals over 18 who have had appropriate training in the handling of arms have the right for category D (hunting) and dummy load guns.

Athletes who are masters of sports and higher category and who require use of short-barreled firearms (category C), except for traumatic, have the right for category C firearms. Athletes will only be able to store their arms at a shooting club or firing range - no carrying on the street or storing at home.

The right for category B (traumatic) firearms is exclusively for persons whose professional activity is associated with risk, for the protection of life and health, who might face potential threat of illegal wrongdoings (judges, prosecutors, police officers, private enforcement officers, private detectives, notaries, attorneys, journalists, employees of state environmental regulating authorities, volunteer game keepers, persons who held positions in armed units and law enforcement agencies with service guns).

Civilians are prohibited from possessing Category A arms. Automatic firearms cannot be handed over as awards.

The plan is to make a firearms register. The Unified Register of Firearms with mandatory registration of arms. The holder of the Register is the Ministry of Internal Affairs of Ukraine.

Entities of the Register are legal and natural persons, that is entrepreneurs who conduct business activities in accordance with the obtained license, as well as notaries, national police and units of the Ministry of Internal Affairs.

There is a procedure for issuing a medical report for absence of medical contraindications which makes it impossible to receive a document for civilian firearms. It is supplemented by development of a special information and reference system and implementation of a qualified electronic signature of the person who made a medical report.

It is allowed to carry, store and use C, D, E civilian firearms during shooting (training) classes, hunting or sports events within the territory of shooting clubs, firing ranges or shooting stands, directly in the vicinity where the owner keeps the arms.

It is allowed to carry category B civilian firearms and award weapon, except in places where this is forbidden.

Owners of civilian firearms, lawfully in their possession, may use them to protect life, health, and property for necessary defense or extreme necessity. Use of arms must be preceded by a clearly expressed warning to the person against whom the weapon is planned to be used, except in cases where the delay in use of arms creates an immediate danger to life of the firearms owner, other persons or may cause other grave consequences.