The weapons in private collections
ARTinvestment.RU   15 июля 2008

The weapons - one of the oldest collectibles. The rights of owners, including collectors, regulated by the law «On Arms», amendments to which have been taken 19 times

The fall of the totalitarian regime began the process of reconciliation, the state with private collections of weapons and citizens-collectors. In 1993, the Law «On Arms» has established a formal right of citizens and organizations to create such a collection. However, the law, like many other acts taken by a hurry in the early period of reform was, admittedly, extremely «wet», and the rule of law Collectibles - declarative. The legal framework for the creation and legalization of private collection of weapons came only from the middle of 1997, when entered into force the new law «On Arms» (hereinafter referred to as - the Law), which with some additions and changes in force until now .

Citizens and legal persons authorized to collect almost all the weapons, not just those specified in the law itself ¹ . Collect, you can also positively related to weapons of products ² .

Collecting and displaying weapons on the territory of Russia have the right to legal entities and citizens who have received the appropriate license in the internal affairs bodies.

Terms of collecting and display of weapons, as well as structurally related to weapons production, their production, trafficking, sale, transfer, acquisition, display, storage and transportation, as well as the range of weapons established by the Government of Russia.

At the same time, the legislator introduced for collectors even some breaks and preferences in relation to other owners of weapons. For example, the Act does not limit the citizens of Russia in the number of hunting firearms with grooved barrel and the firing of long smooth-bore weapons, purchased as a collectible object.

Unfortunately, the Act does not allocate the total mass of the objects of cultural value, even gives them definition. Thus, while the reverse ³ such items with a few exceptions to the general rule, but the unified state policy in the regulation of such weapons no ⁴ .

Remove this annoying gap and give the weapons of cultural value, the special status has not yet been possible, and although attempts were made. For example, since 2002 in the margins of the State Duma is working on a bill. The authors propose to introduce amendments to the law on weapons new weapons - weapons of cultural value, to determine its subspecies (and antique copies, replicas, memorial, art copyright, design), and especially the traffic and to establish joint control over the Interior Ministry and the public authority authorized to monitor cultural heritage.

Despite the liberalization of the law, the mere presence of citizens and business firms collections cold and firearms, including antique, a memorial of historical or artistic value or is the subject of religious worship, etc. is still a very painful response as officials of different levels, and, of course, the law enforcement authorities. The state, as in the past, seeks to establish control over the collections and collectors, and takes steps to identify violations in arms trafficking.

Collectors sometimes deliberately avoided such control (different reasons), or are not aware of the need to obtain a license for collecting or displaying weapons, the limits established by law in the sale, gift and inheritance stems and blades, the need for registration and re - , the special conditions of storage and transportation of weapons, etc. In doing so, few think that such levity could lead to major trouble with the law: from the seizure of weapons and revocation of license and up to the dock.

Elena Pokidova, Attorney

Source: ARTinvestment.RU

Discussion of topics of import antique weapons in the forum ARTinvestment.RU

¹ Art. 2 of the Act classifies weapons into three types: (1) civil (2) office, (3) hand combat, small and cold. Return

² to weapons does not include products which are certified as household products and industrial supplies, sports equipment, structurally similar to the arms (st . 1 of the Act). Return

³ trafficking in arms and the main parts of a firearm is the production of weapons, arms trade, sale, transfer, acquisition, collecting, exhibiting, registration, possession, carrying, transporting, transportation, use, removal, destruction, the import of weapons into the territory of the Russian Federation and its export from the Russian Federation (Article 1 of the Act). Return

⁴ As a result of cultural values and the freedom to totally legally exported from the country, and seized items, which, in essence, is a monument to the history of weapons, the destruction of the decision of authorities. Return