Official
translation
republic
of lithuania
LAW
ON THE CONTROL OF ARMS AND AMMUNITION
15
January 2002 No. IX-705
Vilnius
CHAPTER ONE
GENERAL PROVISIONS
Article 1. Objective and Purpose of the Law
1. The objective
of this Law - to regulate the circulation of arms and ammunition with a view to
ensuring the safety of an individual, the public and the State.
2. The purpose
of the Law - to lay down provisions of the classification of arms and
ammunition into categories, to consolidate the legal basis of the circulation
of arms and ammunition and the control thereof, as well as to establish the
rights and duties of entities whose activities are related with arms and
ammunition.
3. The
provisions of this Law shall not apply to the following:
1) nuclear,
chemical, biological weapons or other weapons of mass destruction;
2) things and
devices the construction or mechanism whereof is not designed for their use as
arms, however they may be used as arms;
3) firearms
developed and made before the year 1870;
4) arms that are
absolutely unsuitable for use for their proper purpose;
5) start
devices;
6) bows and
arrows intended for sporting purposes;
7) military
equipment and its accessories;
8) pyrotechnic
equipment and launching devices thereof;
9) explosives
(except ammunition);
10) blasting
agents.
4. The procedure
of circulation of the things and devices listed in paragraph 3 of this Article
shall be established by other legal acts.
5. Models of
things and devices shall be ascribed to arms and their specific categories by
the Commission of Experts set up by the Government or an institution authorised
by it.
6. Laws
regulating the activities related to the circulation of arms by the entities
having a special status shall be effective with respect to the said activities,
except for the cases specified in this Law.
Article 2. Main Definitions of the Law
1. Arm means a device or a thing developed
or made suitable for destruction, causing harm to or other impact on live or
other targets.
2. Firearm means a device or a thing
developed or suited as an arm from which by force of explosion, pressure of gas
or air or any other moving force, a projectile (bullet, pellet, arrow, etc.) or
harmful to health, irritant agents designed for mechanical, thermal, chemical
or other impact on a target from a distance may be launched. Major parts of
firearms shall be regarded as a firearm.
3. Automatic firearm means a firearm which
reloads automatically each time a round is fired and can fire a burst of
projectiles with one pull on the trigger.
4. Semi-automatic firearm means a firearm
which reloads automatically each time a round is fired and can fire only one
round with one pull on the trigger.
5. Repeating firearm means a firearm which
after a round has been fired is designed to be reloaded from a magazine or
cylinder by means of a manually-operated action with the help of a trigger
mechanism.
6. Single-shot firearm means a firearm
with one or more barrels with no
magazine which is loaded before each shot by the manual insertion of a cartridge
into the chamber or a cartridge guide.
7. Short firearm means a firearm with a
barrel not exceeding 30 cm or whose overall length does not exceed 60 cm.
8. Long firearm means a firearm with a
barrel exceeding 30 cm or whose overall length exceeds 60 cm.
9. Gas arm means an arm that may eject
harmful to health, irritant agents or projectiles filled with such agents. Gas
pistols (revolver) shall be ascribed to firearms.
10. Arm with a string means a firearm the
force of a projectile of which is provided by a resilient element, using the
power of human muscles or mechanical devices.
11. Signal arm means an arm designed for
making a sound or light signal by means of a signal pyrotechnic gear or signal
ammunition.
12. Pneumatic arm means a firearm a direct
motion of a projectile (bullet, etc.) launched from it starts when using the
power of compressed air or another gas.
13. Antique firearm means an arm made
before the year 1870.
14. Major parts of a firearm means a
barrel, a cylinder, a breechblock, a breechblock carrier, a pistol (revolver)
frame and semi-manufactured products thereof, as well as an adapter inserted
into the barrel of a firearm may constitute its major part.
15. An arm completely unsuitable for use
means an arm which is modified or affected in such a way that all its major
parts are irreversibly damaged or broken and it is impossible to restore,
repair or change them so that it would again become suitable for proper
use.
16. Silent arm means an arm that by the
power of human muscles may be used to destroy or otherwise inflict a mechanical
impact (prick, hit, strike, crush) on a target from a distance or in direct
contact. Farming or household tools shall not be considered silent arms.
17. Ammunition means a totality of things
and substances intended to make a shot from a firearm.
18. Part of ammunition means a projectile,
a charge, a primer, a primer cup, a case.
19. Cartridge means ammunition that
consists of a case with a primer, a propellant charge and a projectile.
20. Projectile means part of ammunition
(bullet, pellet, cannon-shot, etc.), an arrow which is designed to affect a
target.
21. Expanding bullet means a bullet with a
soft point which becomes deformed easily when meeting a countercheck (becomes
flattened, splayed out, fragmented).
22. Collection
of arms, ammunition, cases or bullets means a set of arms, ammunition,
their components bearing historical, cultural, criminalistic or other
educational value.
23. European Firearms Pass means a
document certifying that an arm is possessed by a person and granting the right
to bring the said arm as well as ammunition for it into the EU Member States.
24. License means an official document
issued by a state institution granting the right to engage in certain
activities specified in the license, complying with the set conditions.
25. Permit to acquire arms and ammunition means
a document certifying that a legal or natural person may acquire the arms
and/or ammunition indicated in the permit.
26. Permit
to carry arms means a document certifying that a natural person has the
right to keep and carry the arms indicated in the document.
27. Permit to keep arms means a document
certifying that a legal or natural person has the right to keep the arms
indicated in the document.
28. Circulation of arms or ammunition means
manufacture, repair, sale, transfer, acquisition, gratuitous transfer, keeping,
storing, transporting, carrying, use, seizure, destruction, export, import of
arms, bringing into or carrying from the territory of the Republic of Lithuania
thereof as well as other actions regulated by this Law.
29. Civil circulation of arms or ammunition means
circulation of arms or ammunition carried out by natural and legal persons
except for entities having a special status.
30. Entities having a special status means
the Special Investigations Service, the Ministry of the Interior, the Ministry
of National Defence, the Department of State Security, the Prosecutor General's
Office at the Supreme Court of Lithuania, the Weaponry Fund under the Government
(hereinafter referred to as the Weaponry Fund), the Prisons Department under
the Ministry of Justice, the Riflemen's Union, and divisions and subordinate
institutions of the above mentioned authorities, as well as divisions carrying
out operational activities of the Lithuanian customs office.
31. Controlling person means a natural
person who, being a shareholder (holder of member share, member) of an
undertaking, has more than one third of all votes or has the right to elect
(appoint) the majority of members of the Supervisory Board (the Board), heads
of the Administration or actually controls the decision-making of the
undertaking or its branch.
32. Armourer means a person appointed by
decision of a legal person, the head of the administration or another person
authorised by him, to be responsible
for the transportation, keeping, delivery and accounting of arms, ammunition of
the said legal person or its branch.
33. Arm user means a natural person who has the right to carry or keep an arm
of a certain category, to whom an arm owner grants the right to use his arm.
34. Foreigner means a person who is not a
permanent resident of the Republic of Lithuania.
35. Indoor range means a building specially
equipped for safe shooting from firearms.
36. Shooting range means a terrain made
suitable for safe shooting from firearms.
37. Manufacture of arms, their major parts and
ammunition means manufacturing of various kinds of arms not prohibited by
laws, of their major parts and ammunition, as well as assembling together the
said parts into a single unit.
38. Repair of an arm means elimination of
defects of an arm.
39. Modification of an arm and ammunition means
changing of qualitative characteristics of an arm and ammunition.
40. Carrying of an arm and ammunition means
having an arm and ammunition on a person in such a way which makes the
immediate use of the arm possible.
41. Keeping an arm and ammunition means
having an arm, ammunition (actual possession) in a natural person's residential
place or in legal person's premises or other places meeting the established
requirements and having clearly defined boundaries.
42. Transportation of an arm and ammunition means
moving (transporting, carrying) of an arm from the place where it is kept to
certain premises or place in such a way which ensures that it will not be
possible to use it immediately (the arm is not loaded, is in its holster or in
another appropriate container, the ammunition is taken out of the magazine,
cylinder and barrel).
43. Possession of an arm, ammunition means
keeping, carrying, storing and use of an arm and ammunition.
44. Permit to transfer means a document
which entitles its possessor to transfer arms from the Republic of Lithuania to
a Member State of the European Union.
45. Prior consent means a document by which a Member State of the
European Union confirms that it does not object to bringing of the arms
indicated in the said document into its territory.
46. Permanent resident of the Republic of Lithuania means a citizen of the Republic of Lithuania
or a person who has acquired the right to permanently reside in the Republic of
Lithuania in accordance with the procedure established by international
agreements, laws and other legal acts of the Republic of Lithuania.
47. Classification of arms and ammunition means attributing under this
Law of arms and ammunition to one of the categories (A, B, C or D) according to
a degree of their dangerousness established by this Law. Arms and ammunition in
Category A are the most dangerous ones, arms and ammunition in Category D are
the least dangerous ones.
CHAPTER TWO
CLASSIFICATION OF ARMS AND AMMUNITION
Article 3. Arms, Ammunition and Accessories
thereof Classified in Category A
The following
devices, objects, ammunition, accessories of firearms shall be attributed to
Category A:
1) explosive
military missiles and launchers;
2) automatic
firearms;
3) firearms
disguised as other objects;
4) ammunition
with penetrating, explosive or incendiary projectiles and the projectiles for
such ammunition, and launchers thereof;
5) pistol and
revolver ammunition with expanding bullets and the bullets for such ammunition,
except in the case of arms for hunting or for target shooting, for persons
entitled to use them;
6) night sights
and mufflers;
7) cannons of
all calibres, howitzers, mortars, ;
8) grenades,
grenade launchers including tear grenades and their launchers;
9) all types of
bombs, torpedoes, mines, their loaded and unloaded projectiles and their
launchers;
10) flame
throwers and all incendiary projectiles;
11) arms the
laser rays of which are used for military purposes or to destroy targets;
12) arms and
devices intended for chemical impact on targets;
13) arms with
string the full tension force of which exceeds 1200 N;
14) firearms the
construction of which allows them to be used disassembled or they are changed
in such a way that they can be easily hidden;
15) arms in
which radioactive, electromagnetic, light, heat, infrasound or ultrasound
radiation, hazardous biological impact, gas dangerous to health or other
material or energy dangerous to health or life is used as a means destroying
the target or otherwise having an impact on it;
16) cartridges
for rifle arms with spreading pellet filling;
17) ammunition
for arms of Category A.
Article 4. Arms Classified in Category B
The following
arms shall be attributed to Category B:
1)
semi-automatic or repeating short firearms;
2) single-shot
short firearms with centre-fire percussion;
3) single-shot
short firearms with rim-fire
percussion whose overall length is less than 28 cm;
4)
semi-automatic long firearms whose magazine and chamber can together hold more
than three rounds;
5)
semi-automatic firearms whose magazine and chamber cannot together hold more
than three rounds, where the magazine is removable or where it is not certain
that the arm cannot be converted, with ordinary tools, into an arm whose
magazine and chamber can together hold more than three rounds;
6) repeating or
semi-automatic long firearms with smooth-bore barrels not exceeding 60 cm in length;
7)
semi-automatic firearms not designated for military use which resemble military
arms with automatic mechanisms;
8) arms with arm
the full tension force of which is from 200 N to 1200 N.
Article 5. Arms Classified in Category C
The following
arms shall be attributed to Category C:
1) repeating
long firearms, except repeating long firearms with smooth-bore barrels not
exceeding 60 cm in length;
2) long firearms
with single-shot rifled barrels;
3)
semi-automatic long firearms other than those listed in subparagraphs 4-7 of
Article 4 of this Law;
4) single-shot
short firearms with rim-fire percussion whose overall length is not less than
28 cm;
5) pneumatic
arms the kinetic energy of projectiles whereof exceeds 7.5 J.
Article 6. Arms Classified in Category D
The following
arms shall be attributed to Category D:
1) single-shot
arms with smooth-bore barrels;
2) signal guns,
pistols (revolvers);
3) pneumatic
arms the kinetic energy of projectiles whereof is from 2.5 J to 7.5 J;
4) gas arms
(pistols (revolvers), aerosol devices, equipment);
5) firearms that
meet the criteria of Categories B and C, however, are not attributed to them
because of their small fighting power and the kinetic energy of projectiles
whereof is from 2.5 J to 7.5 J;
6) silent arms
not attributed to prohibited arms;
7) reproductions
of antique arms made after the year 1870;
8) electric
shock devices and equipment designed for self-defence.
CHAPTER THREE
PROHIBITED ARMS AND AMMUNITION
Article 7. Prohibited Arms and Ammunition
1. Firearms with
rifled and smooth-bore barrels of Categories A, B and C shall be prohibited in
the Republic of Lithuania, which do not possess identification numbers. Such
arms may be possessed only by institutions of criminal expert examination, as
well as arms modified in the procedure established by Article 38 of this Law -
by persons collecting them.
2. In civil
circulation the following shall be prohibited:
1) arms and
ammunition classified in Category A only for arms in Category A, except when
they are used by the Bank of Lithuania, undertakings manufacturing arms and
(or) ammunition and institutions of scientific research;
2) any self-made
firearms;
3) gas arms with
toxic substances, their ammunition with toxic substances;
4) silent
cartridges;
5) cartridges the
bullets whereof are with a hard metal core or in a hard metal jacket;
6) laser sights
other than those used in sports;
7) silent arms
of strike and missile character (knuckle-dusters, flails, throwing stars
etc.);
8) arms and
ammunition prohibited by international agreements;
9) other
objects, devices, ammunition which have been prohibited by the Commission of
Experts specified in paragraph 5 of Article 1 of this Law.
3. Silent
prickly, cutting arms with automatically extracting blade shall be prohibited
in civil circulation if they meet at least one of the following criteria:
1) the length of
a bending-back blade exceeds 8.5 cm;
2) the width in
the centre of a blade is narrower by 14 per cent than the length of the blade;
3) both edges of a blade are sharpened.
4. It shall be
prohibited for persons to acquire and keep for self-defence the short firearms
in Categories B and C whose calibre exceeds 9 mm.
5. It shall be
prohibited to use magazines in the arms designated for self-defence, whose
capacity exceeds 13 cartridges. A limiter may be installed into the magazine
which could not be removed without tools.
6. A decision on
recognising objects emitting radioactive, electromagnetic, light, heat,
infrasound or ultrasound radiation, dangerous biological effect, gas dangerous
to life or other substances or energy dangerous to health or life, as arms
indicated in subparagraph 15 of Article 3 of this Law shall be adopted by the
Commission of Experts specified in paragraph 5 of Article 1 of this Law.
CHAPTER FOUR
STATE ARMS REGISTER AND DEPARTMENTAL ARMS
REGISTERS
Article 8. State Arms Register
1. The State
Arms Register shall be an official set of data on arms registered in the
Republic of Lithuania, their owners or managers. Data on imported and exported
arms as well as destroyed arms shall be also compiled in the State Arms
Register.
2. The State
Arms Register shall be kept by an institution authorised by the Government of
the Republic of Lithuania in accordance with the procedure established by the
Government.
Article 9. Departmental Arms Registers and
Accounting of Arms in the Civil Circulation
1. A
departmental arms register shall be a set of data on arms possessed by an
entity having a special status. Entities having a special status must keep their
departmental arms registers. Such entities must, in a manner prescribed by the
Government, furnish the data of departmental arms registers to the manager of
the State Arms Register.
2. Arms which
are in the civil circulation shall be registered, accounting of such arms,
their owners and managers shall be kept by police institutions. Data on arms
which are in the civil circulation, their owners and managers shall, in a
manner prescribed by the Government, be furnished to the manager of the State
Arms Register by an institution authorised by the Minister of the
Interior.
CHAPTER FIVE
ACQUISITION AND POSSESSION OF ARMS AND
AMMUNITION
Article 10. Holders of the Right of
Ownership of Arms and Ammunition
The holder of he
right of ownership of arms and ammunition may be the State, permanent residents
of the Republic of Lithuania, foreigners and legal persons registered in the
Republic of Lithuania.
Article 11. The Right of Entities to
Acquire and Keep Arms and Ammunition
1. Permanent
residents of the Republic of Lithuania and legal persons registered in the
Republic of Lithuania may acquire and keep arms, ammunition for the following
purposes:
1) hunting;
2) sports;
3) self-defence;
4) professional
activities;
5) collecting;
6) training;
7) scientific
research;
8) other
purposes, if they are in conformity with laws and international agreements and
treaties.
2. Permanent
residents of the Republic of Lithuania and legal persons registered in the
Republic of Lithuania shall have the right to acquire ammunition for arms which
they are entitled to possess.
3. A person to
whom restrictions specified in subparagraph 3 of paragraph 1 of Article 17 and
paragraph 2 of Article 18 of this Law may not be an employee directly related
to the acquisition, keeping, accounting of arms, ammunition, controlling
person, head of the administration, armourer of a legal person who wishes to
acquire and possess arms, ammunition.
Article 12. General Requirements for the
Issuance of Permits
1. Police
institutions shall issue permits for the acquisition of firearms in Categories
A, B and C to natural and legal persons (except entities having a special
status, state institutions of criminal expert examination).
2. Permits for
the acquisition of firearms in Categories A, B and C shall be issued to:
1) natural
persons who have the right to acquire arms in such Categories, provided that
restrictions laid down in paragraph 1 of Article 17 of this Law do not apply to
them;
2) legal persons
who have obtained the licenses specified in subparagraphs 5 and 6 of paragraph
1 of Article 19 of this Law, and who have the right to acquire arms in such
Categories;
3) legal persons
who carry out professional activities and enjoy the right to acquire arms in
such Categories, provided that restrictions specified in Article 20 of this Law
do not apply to the persons exercising control of the said legal persons.
3. Upon the
receipt of applications for the acquisition of arms, police institutions shall
carry out checks with the view of establishing whether restrictions established
by this Law do not apply to the persons who apply for the acquisition of arms.
Checks shall be carried out and decisions concerning the issuance of a permit
made not later than within 45 days of the submitting of the application.
4. Persons who
have valid permits to carry arms or permits to keep arms shall be issued
permits for new arms by police institutions not later than within 5 days of the
submitting of the application. Repeated checks indicated in paragraph 3 of this
Article shall not be carried out.
5. Refusal to
issue a permit must be grounded. An applicant or a person authorised by him
shall be entitled to appeal against the refusal to issue a permit to the
Commissar General of the Police who must, not later than within 30 days, make a
decision concerning the issuance of a permit for the acquisition of an arm. An
applicant who has not received a reasoned reply or who has not received any
reply, may appeal against the refusal to issue a permit for the acquisition of
an arm to the court.
6. A permit for
the acquisition of an arm shall be valid for a period of six months from the
day of its issuance. In case of failure to acquire an arm, it shall be possible
to apply in accordance with the general procedure to a police institution for another
permit for the acquisition of an arm.
7. Permits for
the acquisition of arms shall allow a permit holder to acquire ammunition.
8. Natural
persons may acquire and keep at the same time not more than 300 cartridges of
each type (calibre) for the arms they possess. Natural persons who possess arms
for sports purposes may acquire and keep at the same time up to 1 000
cartridges of each type (calibre).
9. The amount of
ammunition which is permitted to be acquired and kept by legal persons shall be
established by the Government.
10. Permits for
the acquisition of arms in Categories A, B and C, their ammunition shall be
issued to permanent residents of the Republic of Lithuania and legal persons
registered in the Republic of Lithuania in accordance with the procedure
established by the Government or an institution authorised by it. Acquired arms
must be registered at police institutions not later than within 10 days of the
acquisition thereof. Upon the registration of the arms, a permit for carrying
arms or a permit for keeping them shall be issued.
11. The
procedure regulating the acquisition of arms in Categories A, B and C, their
registration, re-registration for the foreigners shall be established by the
Government of the Republic of Lithuania or an institution authorised by it.
12. Permits for
the acquisition of arms in Categories A, B and C shall not be issued during the
time of martial law and the state of emergency, in other cases provided for by
law.
Article 13. Requirements for Permanent
Residents of the Republic of Lithuania and Legal Persons Registered in the
Republic of Lithuania in Order to Acquire and Possess Arms and Ammunition of
Certain Categories and Types
1. Arms
classified in Category A, their accessories, ammunition may be acquired only by
the entities of a special status, state institutions of criminal expert
examination. The procedure of acquisition and circulation of arms classified in
Categories A, B, C and D by entities having a special status, state
institutions of criminal expert examination shall be regulated by other legal
acts. Arms classified in Category A may be acquired by the entities of a
special status, state institutions of criminal expert examination without
permits.
2. Long forearms
with rifled barrels classified in Categories B and C and their ammunition for
hunting purposes may be acquired and possessed by permanent residents of the
Republic of Lithuania who are at least 21 years of age, have a valid hunter's
licence and at least 3 years of hunting experience, as well as by legal
persons, having a licence to hire arms, upon having obtained a permit.
3. Long firearms
with smooth-bore barrels, pneumatic, arms with string, their ammunition
classified in Categories B and C for hunting purposes may be acquired and
possessed by permanent residents of the Republic of Lithuania who are at least
18 years of age, have a valid hunter's licence, as well as by legal persons,
having a licence to hire arms, upon having obtained a permit.
4. Arms
classified in Categories B and C and their ammunition for sporting purposes may
be acquired and possessed by permanent residents of the Republic of Lithuania
who are at least 16 years of age - members of shooting sports organisations, as
well as by legal persons, upon having obtained a permit.
5. Short
firearms classified in Categories B and C for self-defence and cartridges for
them may be acquired and possessed by permanent residents of the Republic of
Lithuania who are at least 23 years of age, upon having passed an examination
and obtained a permit.
6. Long firearms
with smooth-bore barrels classified in Categories B and C and cartridges
thereof for self-defence may be acquired and possessed by permanent residents
of the Republic of Lithuania who are at least 18 years of age, upon having passed
an examination and obtained a permit.
7. Arms
classified in Categories B and C and their cartridges for the purpose of
professional activities may be acquired and possessed by legal persons registered in the Republic of
Lithuania upon having obtained a permit. Said arms may be carried by permanent
residents of the Republic of Lithuania who are at least 21 years of age,
employees of legal persons registered in the Republic of Lithuania, upon having
passed an examination and obtained a permit. The Bank of Lithuania, having been
issued a permit in a prescribed manner, shall have the right to acquire
automatic firearms in Category A.
8. Arms
classified in Categories B and C and ammunition thereof for collecting
purposes, modified in such a way that would make them impossible to be used as
arms, may be acquired and possessed by permanent residents of the Republic of
Lithuania who are at least 18 years of age, as well as by legal persons registered in the Republic of
Lithuania, upon having obtained a permit. Arms classified in Category A for
collecting purposes may be acquired by institutions which have the right to
acquire working arms in Category A, as well as by state museums, upon having
obtained a permit. Upon the acquisition of arms in Category A, museums must
modify them in such a way that would make them impossible to be used as arms.
9. Arms
classified in Categories A, B and C and their ammunition for scientific
research purposes, and arms in Categories B and C and their ammunition as well
as arms in Category A and their ammunition, modified in such a way that would
make them impossible to be used as arms, for the purpose of education may be
acquired and possessed by legal persons
registered in the Republic of Lithuania, upon having obtained a permit.
10. Arms
classified in Category D and ammunition for them may be acquired and possessed
without a permit by legal persons and natural persons from the age of 18 by
producing their identity documents to the selling undertaking. Pneumatic arms
in Category D and their ammunition for sporting purposes may be acquired and
possessed without a permit by natural persons from the age of 16 - members of
shooting sports organisations, by producing to the selling undertaking their
identity documents, a mediation document from the shooting sports organisation
and a valid membership certificate of such organisation. Such arms shall not be
subject to registration.
11. Optic sights
of firearms may be acquired, possessed and used by the persons who possess a
firearm for hunting. Optic and laser sights of firearms may be acquired,
possessed and used by persons who have a firearm for the purpose shooting
sports.
Article 14. The Right of Foreigners to
Acquire and Possess Arms and Ammunition
1. Accredited or
residing diplomatic, administrative technical and service staff of foreign
diplomatic missions, consular institutions and international organisations,
their family members, as well as the foreigners who are entitled to appropriate
privileges under international agreements, may acquire and possess arms,
ammunition in the Republic of Lithuania for the following purposes:
1) hunting;
2) sports;
3) self-defence;
4) collection;
5) other
purposes that conform with the provisions of laws and international agreements.
2. Foreigners
over the age of 18, who legally entered the Republic of Lithuania and who
obligate themselves that the acquired arms will be brought out of the Republic
of Lithuania not later than within 10 days of their acquisition, shall have the
right to acquire in the Republic of Lithuania arms classified in Categories B
and C and their ammunition.
3. Foreigners
specified in paragraph 2 of this Article, who wish to acquire in the Republic
of Lithuania arms in Categories B and C, must present prior consent issued by
the competent authorities of the state whose citizens they are or in which they
permanently reside or another document confirming the right to bring arms and
ammunition into the foreign state, and obtain a permit in accordance with the
procedure established by legal acts of the Republic of Lithuania.
4. When
foreigners acquire arms, ammunition in accordance with the procedure
established by paragraphs 2 and 3 of this Article, no restrictions laid down in
paragraph 1 of Article 17 of this Law shall apply, except subparagraph 1 of
paragraph 1.
Article 15. Requirements for the
Acquisition of Certain Categories of Arms by Foreigners
1. The same
appropriate requirements specified in Article 13 of this Law for the
acquisition of arms and ammunition which are applied to permanent residents of
the Republic of Lithuania shall apply to foreigners who acquire arms and
ammunition for the purposes indicated in paragraph 1 of Article 14 of this Law.
2. Arms which
are acquired in the Republic of Lithuania with permits, with the purpose to
keep than longer than 10 days, must be registered at the police institution not
later than 10 days of the acquisition thereof.
Article 16. Users of Arms and Ammunition
1. A natural
person may give for permanent use an arm in Categories B and C which he
possesses only to his family member who lives with him and who has the right to
possess or carry an arm of the same Category. A family member who lives with
him may possess or carry an arm only upon having obtained a permit in a
prescribed manner.
2. A natural
person may, in his presence, give an arm in Categories B and C which he
possesses for temporary use to another person who has the right to possess and
carry an arm in the same Category during:
1) hunting;
2) sporting
events and practice;
3) training.
3. A legal
person may give for permanent use arms in Categories B and C, their ammunition
which he possesses to a natural person, an employee of the legal person who has
the right to possess and carry an arm of the same Category.
4. A legal
person may give for temporary use arms in Categories B and C and their
ammunition which he possesses to natural persons during sporting event,
practice, training, under the supervision of a coach or another person
responsible for safe shooting.
Article 17. Restrictions of the Right to
Acquire and Possess Arms and Ammunition
1. Arms
classified in Categories B and C, their ammunition may not be acquired and
possessed by a natural person:
1) who is
younger than it is established in this Law;
2) who does not
have an impeccable reputation;
3) ill with
certain diseases or having some physical disabilities hindering the right use
of arms, or who is entered into the records of a health care institution
because of his alcoholism or drug addiction, or who is under the supervision of
a health care institution because of his mental disease or disorder;
4) who has not
indicated his place of residence;
5) who has not
submitted the documents necessary for acquisition, registration and
re-registration of an arm;
6) who has
failed to pass an examination;
7) who does not
ensure proper conditions for keeping of the arm;
8) to whom a
permit for keeping or carrying An arm
has been revoked because of the loss of the arm, and less than three years have
passed since the revocation;
9) who is living
with the persons who meet the provisions of 1-9 of paragraph 2 of Article 18 of
this Law. The subparagraph shall not apply if the person who wishes to acquire
an arm or who already possesses it, obligates himself to keep or already keeps
the arm in the place other than his place of residence.
2. The Ministry
of Health Care shall set a list of
diseases and physical disabilities because of which a person may not
acquire or possess an arm.
3. Other legal
acts shall establish requirements for health condition and passing of an
examination by officers of entities having a special status, except officers of
the Riflemen's Union and the Weaponry Fund.
4. The procedure
of medical check-ups of natural persons who wish to obtain a permit to acquire
arms, shall be established by the Ministry of Health Care, upon consultation
with the Ministry of the Interior.
Article 18. Person of an Impeccable
Reputation
1. Under this
Law, a person of an impeccable reputation shall be a person to whom provisions
of paragraph 2 of this Article do not apply.
2. A person
shall not be regarded as having an impeccable reputation if:
1) he has been
convicted for a deliberate crime for more than 6 years of imprisonment and less
than 10 years have passed from the expiry or annulment of his conviction;
2) he has been
convicted for a crime of negligence which he committed under the influence of
alcohol or being intoxicated with narcotic, psychotrophic or other intoxicating
substances, or for a deliberate crime if his conviction has not expired or has
not been annulled;
3) he serves a
sentence of imprisonment for a crime of negligence;
4) proceedings
have been taken a manner prescribed by law against him for committing a
deliberate crime or for committing a crime of negligence under the influence of
alcohol or being intoxicated with narcotic, psychotrophic or other intoxicating
substances, or a preventive measure has been imposed upon him;
5) his name has
been entered into operational records or judicial obligations are imposed upon
him in a manner prescribed by the Law on Prevention of the Organised Crime
6) criminal
proceedings have not been taken against him within the last three years because
he came to an agreement with the victim, or initiated criminal proceedings were
terminated because of the deliberate crime or the crime of negligence which he
committed under the influence of alcohol, being intoxicated with narcotic,
psychotrophic or other intoxicating substances;
7) he has
repeatedly committed an administrative law violation within a period of one
year by which he attempted to commit a crime against property, public or
governing order;
8) he has been
punished for violations of hunting rules related to the use of a firearm or
hunting in prohibited ways and methods, and less than 3 years have passed since
that punishment;
9) he has
committed at least 2 administrative law violations within the last three years,
under the influence of alcohol, being intoxicated with narcotic, psychotrophic
or other intoxicating substances;
10) his permit
to carry an arm or to keep an arm has been revoked or has not been extended on
the grounds of this Article, as well as for other violations of arms
circulation, and less than three years have passed since that moment.
CHAPTER SIX
ECONOMIC COMMERCIAL ACTIVITIES RELATED TO
ARMS AND AMMUNITION
Article 19. General Requirements for
Economic Commercial Activities Related to Arms and Ammunition
1. Economic
commercial activities subject to licensing shall be as follows:
1) manufacture
of arms, ammunition, their parts;
2) import and
export of arms, ammunition, their parts;
3) trade in
arms, ammunition, their parts;
4) repair of
arms, modification of arm and ammunition;
5) operation of
shooting ranges and indoor ranges;
6) hire of arms.
2. A licence to
engage in the activities indicated in paragraph 1 of this Article may be issued
to legal persons registered in accordance with the procedure established by
laws and other legal acts.
3. A decision on
the issuance of a licence shall be adopted not later than within 60 calendar
days of the submitting of necessary documents.
4. A refusal to
issue a licence must be substantiated. An applicant or a person authorised by
him shall be entitled to appeal, not later than within 30 days of the receipt
of the decision, against the refusal to
issue a licence to the head of the licence-issuing institution. An applicant
who has not received a reasoned reply or who has not received any reply, may
appeal against the refusal to issue a licence to the court.
5. Rules of
licensing economic commercial activities specified in paragraph 1 of this
Article shall be approved by the Government.
Article 20. Right to Carry out Work Related
to the Activities Subject to Licensing
A person to whom
provisions of subparagraph 3 of paragraph 1 of Article 17 and paragraph 2 of
Article 18 of this Law apply may not be an employee directly related to the
acquisition, keeping, accounting, sale of arms and ammunition, controlling
person, head of the administration, armourer of the undertaking which engages
in the activities subject to licensing.
Article 21. Duties of Holders of General Licence
1. A licensee
shall be responsible for meeting the conditions of activities subject to
licensing provided for in Chapter 6 of this Law.
2. A licensee
must:
1) ensure
accounting, storing, and protection of arms, ammunition, their parts;
2) every six
months but not later than by the fifth day of the first month of the next
six-month period, submit to the licence-issuing institution or an institution
authorised by it a report of an established form on economic commercial
activities related to arms, ammunition, their parts;
3) upon the
change in the type of activities of the undertaking or other conditions
indicated in the documents submitted for the issuance of a licence, inform the
licence-issuing institution about this not later than within 10 working days;
4) appoint an
armourer;
5) upon request
of supervising institutions, furnish information about the employees carrying
out work related with arms and ammunition, as well as their personal data;
6) create
conditions for employees of supervising state institutions to check the
activities of the undertaking, related to the activities subject to licensing;
7) manufacture,
store, keep, sell, repair, modify, use arms and ammunition only in the premises
which meet the requirements established by the Government or an institution
authorised by it;
8) prior to
hiring a new employee whose work is directly related to the activities subject
to licensing as provided for in this Law, submit to a territorial police
institution the personal data of such person (name, surname, personal number,
place of residence) and the conclusions of a medical check-up, confirming that
he is not ill with the diseases or does not have physical disabilities
interfering with the proper use of an arm, his name is not entered into the
records of a health care institution because of alcoholism, drug addiction, is
not under the supervision of a health care institution because of his mental
disease or mental disorder;
9) preserve
journals and other documents concerning arms, ammunition, their parts at least
10 years of the last inscription therein, regardless of the fact whether an
undertaking is engaged in the activities subject licensing or not (upon the liquidation
of an undertaking, records shall be transferred to the licence-issuing
institution or an institution authorised by it).
3. A licensee
shall be prohibited from:
1) instructing,
authorising or otherwise transferring to another person the right to engage in
the activities specified in the licence, except conclusion of transactions
through mediators who have a licence, issued in a manner prescribed by this
Law, to engage in the activities of a trade mediator;
2) engaging in
the activities subject to licensing in the facilities for which territorial
police institutions have not issued a permit.
4. Procedure for
accounting of arms shall be established by an institution authorised by the
Government.
Article 22. Manufacture of Arms, Their
Major Parts and Ammunition
1. A licence to
engage in manufacture of arms, their parts and ammunition shall be issued by
the Weaponry Fund in a manner prescribed by the Government.
2. Arms in
Category A, their ammunition may be manufactured only upon co-ordination with
the Weaponry Fund.
3. All
undertakings manufacturing arms must ensure the safety and control of
production, and quality of products. A manufactured arm and ammunition must
correspond to the parameters specified in technical documents.
4. A
manufacturer of arms and ammunition must:
1) in a manner
prescribed by legal acts, test manufactured arms or ammunition and ensure that
they meet the requirements of normative documents;
2) mark
ammunition with identifying marks of
the manufacturer;
3) indicate the
manufacturing country, name of the manufacturer, name of an arm, the year and
number of the manufacture of an arm on the manufactured arms and their major
parts;
5) ensure the
necessary quality of the production;
6) not exceed
the volume of production which has been indicated in the documents for the
acquisition of a licence.
5. The
manufacturer of arms and ammunition shall have the right to:
1) repair arms
and ammunition manufactured by him;
2) design arms
and ammunition, their parts for the manufacture of which he has obtained a
licence, as well as test them;
3) acquire parts
of arms and ammunition in the Republic of Lithuania and import them;
4) trade in
manufactured arms, ammunition, their parts;
5) export arms,
ammunition, their parts which he has manufactured;
6) bring in
parts of arms, ammunition from the Member States of the European Union;
7) send arms,
ammunition manufactured by him to the Member states of the European Union.
6. Manufacturers
of arms, ammunition must observe the requirements of product safety.
7. Owners and
possessors of firearms with smooth-bore barrels, rifled-bore barrels, pneumatic
and firearms with string may themselves produce ammunition for their needs.
Persons who lawfully possess arms with smooth-bore or rifled barrels, may
acquire and keep up to one kilogram of gunpowder and 200 primers.
Article 23. Export, Import and Transit of
Arms or Ammunition
1. The Weaponry
Fund shall have the right to import, export arms of all categories, ammunition
for them, parts of arms and ammunition. The Ministry of National Defence shall
have the right to import arms of all categories designated for the army, as
well as their ammunition.
2. Arms in
Category A, ammunition, their parts shall be imported, exported, transported in
transit in a manner prescribed by other legal acts. The Ministry of National
Defence and the Weaponry Fund shall import arms in Categories B, C and D in a
manner prescribed by other legal acts.
3. The
undertaking which wishes to import, export arms in Categories B, C and D,
ammunition, their parts (except short firearms in Categories B and C, the
ammunition designated only for short firearms, their parts which may be
imported only by the Weaponry Fund), must possess a licence. Such licence
shall, in a manner prescribed by the Government, be issued by the Police
Department under the Ministry of the Interior. A licence to import, export
firearms, ammunition, their parts shall grant to the undertaking the right to:
1) transport
them in transit through the territory of the Republic of Lithuania and engage
in trade in arms, ammunition, their parts;
2) export them
to a Member State of the European Union or import from it.
4. The importer,
exporter, economic entity of a foreign country (only for transporting in
transit) who wishes to import, export or transport arms in Categories B, C and
D, ammunition, their parts in transit through
the territory of the Republic of Lithuania, must obtain a onetime permit
for each consignment of arms, ammunition, their parts. Such permits shall, in a
manner prescribed by the Government or an institution authorised by it, be issued by the Police Department under the
Ministry of the Interior, after consultation with the Weaponry Fund.
5. The
Government shall establish the procedure regulating the export, import,
transporting in transit of arms in Categories B, C and D, their ammunition.
6. The
undertaking which wishes to send arms, ammunition from the Republic of
Lithuania to a Member State of the European Union, must obtain a onetime permit
to transport for each consignment of arms, ammunition, their parts from the
Police Department under the Ministry of the Interior. The Police Department
under the Ministry of the Interior shall issue a permit to transport only upon
getting prior consent of the Member State of the European Union.
7. The
undertaking which wishes to import arms, ammunition from a Member State of the
European Union into the Republic of Lithuania, must obtain prior consent of the
Police Department regarding the importing of a consignment of arms, ammunition
into the territory of the Republic of Lithuania.
Article 24. Trade in Arms and Ammunition
1. Only the
Weaponry Fund shall have the right to trade in short firearms in Categories B
and C, ammunition designated for short firearms, their parts, arms in Category
A, ammunition, their parts in the Republic of Lithuania. The Weaponry Fund and
undertakings having the licence to trade in arms, ammunition, their parts shall
have the right to trade in other arms in Categories B, C and D, their
ammunition, their parts. A licence shall, in a manner prescribed by the
Government, be issued by the Police Department under the Ministry of the
Interior.
2. Entities
which trade in arms and ammunition must:
1) have
documents of arms and ammunition offered for sale, which contain technical
data;
2) demand from a
buyer to produce a permit to acquire arms in Categories B and C;
3) when a buyer
acquires ammunition for arms in Categories B and C, demand from him to produce
a permit to carry or keep an arm, or a permit to acquire ammunition;
4) ensure
accounting of arms and ammunition which are being acquired and sold, preserve
acquisition and accounting documents;
5) register
buyers of arms in all Categories and ammunition for them in the journal of an
established form;
6) submit to a
territorial police institution once in every six months information about all
arms and ammunition sold to natural and legal persons, except the entities
having a special status, in accordance to the form set by the Police Department
under the Ministry of the Interior;
7) inform a
police institution which has issued a permit to carry or to keep an arm, about
an arm accepted to be sold on commission, and about such sale;
8) in a manner
prescribed by the Government or an institution authorised by it, submit to the
Police Department under the Ministry of the Interior for the collection of
cases and bullets the cases and bullets fired from short firearms with rifled
barrels in Categories B and C which are being sold.
3. It shall be
prohibited to sell arms in Categories B and C, their ammunition:
1) to natural
persons who do not produce a permit for the acquisition of arms and ammunition;
2) to legal
persons who do not produce a permit for the acquisition of arms and ammunition;
3) arms with
smooth-bore barrels and rifled barrels which do not have the number, as well as
arms and ammunition without a necessary mark;
4) to natural
and legal persons, except entities having a special status during the martial
law or a status of emergency.
4. The following
shall have the right to acquire without a permit:
1) arms,
ammunition, their parts - entities having a special status, as well as the
undertakings having a licence to engage in the activities specified in
subparagraphs 1-3 of paragraph 1 of Article 19 of this Law;
2) parts of arms
- the undertakings having a licence to engage in the activities specified in
subparagraph 4 of paragraph 1 of Article 19 of this Law;
3) ammunition -
the undertakings having a licence to engage in the activities specified in
subparagraph 5 and 6 of paragraph 1 of Article 19 of this Law.
5. The
requirements of paragraphs 2-4 of this Article shall be also applied to
manufacturers and importers of arms, ammunition, parts thereof, who engage in
the trade in arms, ammunition, their parts.
Article 25. Engaging in the Activities of a
Mediator in the Trade in Arms, Ammunition, Their Parts
1.
Manufacturers, importers, exporters, traders of arms, ammunition, their parts
shall have the right to conclude contracts for the acquisition, import, export
of arms, ammunition, their parts through mediators.
2. Mediators may
be legal and natural persons. Mediators must conclude with clients written
contracts for the representation of the interests of a manufacturer, importer,
exporter, trader.
3. Mediators
must, in a manner prescribed by the Government, register themselves at the
Police Department under the Ministry of the Interior.
4. A person to
whom the provisions of subparagraph 3 of paragraph 1 of Article 17 and
paragraph 2 of Article 18 of this Law apply may not be an employee directly
related to the acquisition, keeping, accounting, selling of arms, ammunition, a
person who exercises control, the head of the administration, a mediator of the
undertakings which engage in the activities of mediation.
Article 26. Repair of Arms, Modification of Arms and Ammunition
1. An
undertaking which wishes to repair arms, modify arms and ammunition, must
obtain a licence. Such licence shall, in a manner prescribed by the Government,
be issued by the Weaponry Fund. A licence to repair arms, modify arms and
ammunition shall grant to the undertaking the right to acquire in the Republic
of Lithuania and import from foreign countries parts of arms necessary for the
said activities.
2. An arm, its
major parts may be repaired only at the undertaking which has a licence to
repair and modify arms.
3. Modified arms
shall, in a manner prescribed by legal acts, be tested in order to ensure their
meeting the requirements of normative documents.
4. Entities
having a special status shall have the right to repair their arms without a
licence.
Article 27. Operation of Indoor Ranges and
Shooting Ranges
1. An
undertaking which wishes to operate an indoor range or a shooting range for the
purposes of economic commercial activities, must obtain a licence. This licence
shall, in a manner prescribed by the Government, be issued by the Police
Department under the Ministry of the Interior. A licence to operate indoor
ranges, shooting ranges shall grant the right to acquire ammunition and sell
them to persons who wish to shoot in the indoor range or shooting range.
2. An indoor
range or a shooting range must be located, built and installed in such a way as
to ensure the safety of their operation, requirements of hygienic and
environmental protection standards.
3. In indoor
ranges or shooting ranges arm owners and users may shoot with arms which they
possess or transferred for use. The Government or an institution authorised by
it shall establish requirements for shooting in indoor ranges or shooting
ranges, their territories, as well as the procedure for use and hire of arms in
an indoor range or shooting range.
4. Activities
related to the operation of indoor ranges or shooting ranges in which persons
shoot with arms in Category D specified in subparagraphs 2-7 of Article 6 of
this Law, shall not be subject to licensing. Persons who shoot with arms in
Category D must ensure the safety of shooting.
5. Entities
having a special status shall establish and operate indoor ranges and shooting
ranges in a manner prescribed by legal acts, meeting the requirements laid down
in paragraph 2 of this Article.
6. A licence to
operate indoor ranges and shooting ranges shall not be necessary for legal
persons (schools and other entities) which do not engage in economic commercial
activities by operating indoor ranges, shooting ranges. Such persons must, in a
manner prescribed by the Government or an institution authorised by it, obtain
a permit of a territorial police institution which confirms that premises of
indoor ranges, shooting ranges meet the requirements laid down in paragraph 2
of this Article.
Article 28. Hire of Arms
1. An
undertaking which wishes to hire arms for hunting must obtain a licence. Such
licence shall, in a manner prescribed by the Government, be issued by the
Police Department under the Ministry of the Interior. A licence to hire arms
shall grant the right to acquire ammunition from entities which have the right
to trade in ammunition and sell them to a person who hires a gun.
2. An undertaking
which has the licence to hire arms shall have the right to hire for hunting
purposes hunting arms in Categories B and C.
3. During a
hunting season arms may be hired to permanent residents of the Republic of
Lithuania and foreigners who have the right to possess a hunting gun in the
above Category and who produce documents proving such right as well as a valid
hunter's licence.
4. An
undertaking which hires arms must in a prescribed manner issue a temporary
gun's certificate to a person who hires them.
CHAPTER SEVEN
DUTIES OF THE ARMOURER, ARMS OWNER, ARMS
HOLDER AND USER
Article 29.
Duties of Armourer
The armourer must:
1) ensure the necessary security of arms and
ammunition;
2) issue arms and ammunition, keep accounting of
arms and ammunition and fill in necessary documents;
3) issue arms and ammunition only to those persons
who have produced all required documents;
4) refrain from issuing arms to the persons who are
manifestly under the influence of alcohol or intoxicated with narcotic, psychotrophic
or other intoxicating substances;
5) expeditiously notify a police institution about
theft or loss of arms, ammunition, their parts;
6) provide access to the officers of controlling
state institutions to the places where arms and ammunition are manufactured,
repaired and modified, sold, stored, hired, or to the places where indoor
ranges and shooting ranges are operated and to provide such officers with
necessary assistance in their inspection.
Article 30.
Duties of the Arms, Ammunition Owner, Holder, User
1. The owner, holder, user of arms classified in
categories A, B and C and their ammunition must:
1) carry short firearms in such a manner so as not
to be seen by other persons. An officer
of a state institution, wearing a uniform, or a person having an arm for the
purpose of professional activities, may carry the arm in a holster and exposed;
2) have proper conditions for keeping arms and
ammunition and observe the requirements set for keeping arms and ammunition;
3) provide access to the employees of state
controlling institutions to the places where arms and ammunition are kept and
upon their request produce arms, ammunition for inspection or a permit to keep
arms and ammunition;
4) upon the request of law-enforcement officers
produce arms, ammunition and a permit to keep and carry arms;
5) transport arms to a different place (a place of
keeping of arms, a shooting range, etc.) unloaded, placed in a holster or in
another appropriate container. Cartridges may not be placed in the barrels and
the magazine must be taken out from the arm;
6) immediately notify the police institution about a
theft or loss of the permit to keep an arm or a permit to carry arms,
ammunition;
7) return the permit to keep and carry arms to the
police institution that has issued the permit after having sold the last arm
listed in the permit;
8) apply to the territorial police institution
regarding the extension of the period of validity of a permit to carry or to
keep an arm prior to the expiration of the period of validity of such permit;
9) without delay deliver to the territorial police
institution the arm and ammunition after the expiration of period of validity
of the permit to keep or carry arms.
2. The owner of the arms classified in categories A,
B and C, their ammunition shall be prohibited from:
1) carrying an arm without carrying a permit to
carry the arm;
2) transporting an arm without also carrying a
permit to keep or to carry the said arm;
3) carrying, transporting an arm while being under
the influence of alcohol (0.4 per mil or more) or intoxicated with narcotic,
psychotrophic or other intoxicating substances;
4) using alcoholic beverages, narcotic,
psychotrophic or other intoxicating substances after the use of an arm until
the drunkenness or intoxication will be tested or it will be refused to carry
out the test;
5) carrying an arm ready for firing (a cartridge is
put into the chamber, a revolver is cocked, an arm with string with an inserted
arrow and a drawn string), except under the circumstances when there is a
direct threat to the person’s health or life;
6) convey an arm to another person who has no right
to keep or carry an arm of such category and designation (this requirement
shall not apply when persons are being trained to use an arm during a shooting
competition, practice, training);
7) carry a long firearm, an arm with string in
hunting areas without having the right to hunt;
8) to hinder the officers of controlling
institutions to inspect arms, ammunition, places where they are kept, as well
as documents related to the acquisition, keeping, accounting thereof .
3. This Article shall not regulate the keeping and
carrying of arms that belong to the entities having a special status.
Article 31.
Duties of Owners of Arms Classified in Category D
1. The owner of arms classified in category D must:
1) carry a gas arms in such a manner so as not to be
seen by other persons. An officer of a state institution, wearing a uniform, or
a person having an arm for the purpose of professional activities, may carry
the arm in a holster and exposed;
2) not carry a gas arm ready for firing (a cartridge
is put into the chamber, a revolver is cocked) except under the circumstances
when there is a direct threat to the person’s health or life;
3) carry (transport) arms to a different place
(place of keeping, a shooting range, etc.) unloaded, placed in a holster or in
another appropriate container. Cartridges may not be placed in the barrels and
the magazine must be taken out from the arm;
4) ensure safe keeping of arms and ammunition so
that other persons would not be able to make use of them.
2. Owners of arms classified in category D shall be
prohibited from:
1) conveying arms and ammunition for use without
supervision to persons under the age of 18, and when using for sporting
purposes - to persons under the age of 16;
2) carrying arms classified in category D, except
gas arms and electric shock devices and equipment intended for self-defence;
3) carrying
or transporting the arm while under the influence of alcohol (0.4 per
mil or more) or being intoxicated with narcotic, psychotrophic or intoxicating
substances.
CHAPTER EIGHT
KEEPING, STORING, CARRYING AND USE OF ARMS
AND AMMUNITION
Article 32.
Keeping and Storing of Arms and Ammunition
1. Arms and ammunition may be kept by persons that
have a license to manufacture, repair and modify, trade in, import, export arms
and ammunition, operate indoor ranges and shooting ranges, hire arms and
ammunition or by those that have permits to keep or carry arms. Arms in
Category D shall be kept and carried without permits.
2. A permit
to carry or a permit to keep arms shall grant the right to acquire ammunition
only for a particular arm as well as to carry or keep such arm. A permit to carry and a permit to keep arms,
ammunition shall issued for a period of five years. Permits for carrying,
keeping of arms shall be issued in a manner prescribed by the Government or an
institution authorised by it.
3. Owners and users of arms, ammunition must ensure
their safety. Conditions and requirements for keeping and storing of arms,
ammunition shall be established by an institution authorised by the Government.
4. In state institutions, agencies, undertakings,
public places (stadiums, restaurants, bars, theatres and other places)
conditions for leaving arms and ammunition by persons work there or arrive for
a visit, for a temporary storing in the above places. Conditions and procedure
for a temporary storing of arms shall be established by an institution
authorised by the Government.
5. Entities having a special status shall store and
keep their arms and ammunition pursuant to the procedure established by such
institutions.
6. A person may sell an arm which lawfully belongs
to him, only through an entity which has the right to trade in the arms of
appropriate category.
7. An owner of an arm may submit the arm for
modification only if he has a permit. A permit for the modification of an arm
shall be issued by a police institution at which such arm has been registered,
by request of the owner of the arm or the lawful holder of the arm. A permit
shall not be necessary to repair an arm.
8. A permit for modification of an arm shall not be
issued if a request has been submitted regarding the modification which would
change the primary properties of the type. When issuing a permit for
modification of an arm, limits shall be set on the extent of the modification.
Article 33. Carrying and Transportation of
Arms and Ammunition
1. Persons having permits to keep arms shall
transport the arms to another place (a place of keeping of an arm, a shooting
range, etc.) unloaded, put in a holster or any other appropriate container.
Cartridges may not be put in the barrel and the magazine must be removed from
the arm.
2. A permit to acquire an arm, ammunition shall grant the right to transport the
acquired arms, ammunition to the place of storing as well as keep them until
the registration (but not longer than 10 days).
3. A permit to keep an arm shall not grant the right
to carry an arm and ammunition.
4. Firearms intended for hunting shall be carried
loaded within the areas of hunting as is prescribed by the legal acts
regulating hunting.
5. In the cases prescribed by laws it may be
prohibited to carry arms in public places if this may cause threat to the
security of an individual or the population. This provision shall not apply to
officers of entities having a special status who perform duties in the cases
provided for in laws, as well as to persons who carry out professional
activities related to the protection of an individual and property.
6. Entities having a special status, their officers
shall carry and transport arms and ammunition in a manner prescribed by other
legal acts.
Article 34.
Use of Arms and Ammunition
1. A person shall have the right to use arms and
ammunition for the purposes specified in Article 11.
2. The use of an arm shall not be considered as
violation of the human rights, if this happened without exceeding such use of
force when it was a direct necessity. A person may use any arm in self-defence
or in defence of another person, property, inviolability of one's home, other
rights, interests of society or the state interests from an imminent or direct
threat, regardless of whether he has the possibility of avoiding the attempt or
calling for assistance from another person or authority, as well as seeking to
eliminate a threat posed to him, other persons or their rights, interests of
society or the state, if such a threat could not be eliminated with other means
and the damage caused is less than that which he sought to avert.
3. Before using an arm, it is necessary to warn a
person against whom the arm is to be used. This provision shall not apply when,
due to the situation, it is not be possible to warn a person or when delay
poses a direct threat to the user of a arm or to life and health of another
person. The outcome of the use of an arm must not cause damage to the health of
the third parties.
4. A person may use an arm against an animal which
poses a threat to life or health, as well as when he wishes to summon help or
to warn.
5. It shall be prohibited to use an arm in public gathering places if
this may endanger innocent people,
against women who are obviously pregnant, as well as against persons
when they are visibly disabled or against minors if their age is known or their
appearance corresponds to their age, except in cases when they resist in a
manner dangerous to human life, or if a group of such persons attacks and this attack poses a threat to
life.
6. The owner or user of an arm shall immediately
inform a police institution or a prosecutor's office about each case of the use
of an arm which resulted in the death of a person or material damage, or bodily
injuries.
7. Hunting arms and ammunition shall be used in the
hunting areas pursuant to the procedure set by this Law and legal acts
regulating the hunting.
8. Arms classified in Categories B, C and D and
ammunition for them shall be used for sports, professional activities,
collections, exhibitions, training, scientific research pursuant to the
procedure established by other legal acts.
9. The use of arms classified in Category A shall be
defined by laws, other legal acts regulating governing the work of the legal
persons who use such arms.
10. Entities having a special status shall use arms
and ammunition in a manner prescribed by other legal acts.
Article 35.
Arms and Ammunition as Finds
1. The person who happens to find an arm or
ammunition must without delay report to the police about this or deliver an arm
or ammunition to it.
2. Arms and ammunition whose owner is unknown shall
be sold or destroyed pursuant to the procedure set by other legal acts.
CHAPTER NINE
IMPORT, EXPORT, CARRIAGE OF ARMS AND
AMMUNITION
IN THE TERRITORY OF THE REPUBLIC OF
LITHUANIA
Article 36.
European Firearms Pass
1. A permanent resident of the Republic of Lithuania
who has an arm and wishes to take it to a member state of the European Union
shall, in a manner prescribed by the Government or an institution authorised by
it, be issued a European Firearms Pass by the Police Department under the
Ministry of the Interior. The Pass shall be valid for a maximum period of five
years. Where only arms classified in Category D are entered on the Pass, the
maximum period of validity thereof shall be ten years.
2. The European Firearms Pass may not be transferred
to other persons. The Pass must always be in the possession of the person using
a firearms in a member state of the European Union.
3. The owner of an arm who has sold or lost it must
return the European Firearms Pass to the Police Department under the Ministry
of Internal Affairs.
4. The person who has lost the European Firearms
Pass must report to the Police Department under the Ministry of the Interior
about such fact.
Article 37.
Carriage of Individual Arms to, from, in transit through the Territory of the
Republic of Lithuania
1. Permanent residents of the Republic of Lithuania,
legal persons, foreigners shall have the right to carry to, from and through
the Republic of Lithuania legally acquired arms classified in categories B and
C, ammunition for them, as well as individual collection items of all
categories after having received in a prescribed manner a permit from the
Police Department under the Ministry of the Interior.
2. Permanent residents of the Republic of Lithuania
and member states of the European Union may bring individual arms and their
ammunition into the Republic of Lithuania or carry out from it having in their
possession a European Firearms Pass and a copy of the document certifying the
reason of entry.
Moreover, permanent residents of the Republic of
Lithuania and member states of the European Union shall have the right to carry
out from the member state of the European Union into the Republic of Lithuania
arms classified in Categories B, C and D, ammunition for them, as well as
individual collection items of all Categories having in their possession a
preliminary consent of the Police Department regarding their bringing into the
territory of the Republic of Lithuania, and their carrying out from the
Republic of Lithuania into a member state of the European Union, having a
permit issued by the Police Department under the Ministry of the Interior. The
Police Department under the Ministry of the Interior shall issue a permit for
carrying upon having received a preliminary consent of a member state of the
European Union
3. Permits
to transport to, from or in transit through the Republic of Lithuania of
individual arms classified in category A and ammunition for them shall be
issued by the Ministry of National Defence.
4. Officers of entities having a special status,
except the Riflemen's Union, shall carry their arms in Categories B and C,
ammunition out from and bring into the Republic of Lithuania for the
performance of official duties having in their possession a permit issued by
the head of an entity having a special status.
5. Officers of entities having a special status,
except the Riflemen's Union, shall carry their arms in Categories B and C,
their ammunition out from and bring into the Republic of Lithuania for the
performance of official duties having in their possession a permit issued by
the Police Department under the Ministry of the Interior, the Department of
State Security or the Ministry of National Defence respectively. Permits shall
be issued in a manner prescribed by the said institutions.
6. The number of individual arms transported to,
from or in transit through the Republic of Lithuania may not exceed three for
each person and the number of ammunition for them may not exceed 200 for each
carried in or possessed arm of the same calibre. The number of arms, ammunition
for sporting purposes (competitions, exercises) which are being brought into
the Republic of Lithuania or carried out from it shall not be limited.
7. When arms, ammunition are being brought into or
carried out from the Republic of Lithuania for the organisation of exhibitions,
their number shall not be limited, but after the end of the exhibition they
must brought into or carried out from the Republic of Lithuania. Organisers of
an exhibition shall be responsible for the transportation of arms, ammunition
from or into the Republic of Lithuania.
8. Legal persons, having in their possession a
permit issued by the Police Department under the Ministry of the Interior, may,
for a te
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