Chapter I

GENERAL PROVISIONS

Article 1. Individual Weapons

An individual weapon is a device (material means) that is structurally designed (adapted) and technically suitable for hitting a person, an animal, protection against an attack or imitating it is fighting properties.

Article 2. Classification

Individual weapons are classified according to their functional and functional characteristics, purpose, production method and other criteria determined by the State Arms Cadaster.

Article 3. Classification by constructive and functional characteristics Individual weapons according to their constructive and functional characteristics are divided into the following types:

1. a) Small arms:

• gunshot;
• gas-cylinder (pneumatic);
• mechanical;

1. b) Cold steel:

• blade;
• shock-crushing;
• throwing;

(c) Self-defense weapons:

• gas toxic neutralizing;
• aerosol;
• gas-cartridge;
• mechanical sprayers;

 

Article 4. Classification by purpose

Individual weapons for their intended use are divided into:

• military;
• service-staff;
• hunting (rifled and smooth-bore);
• sports;
• educational (imitation);
• premium;
• collection;
• Weapons of self-defense.

Article 5. Classification according to the method of manufacture

Individual weapons by the method of manufacture is divided into:

1. a) Industrial;
   (b) Artisanal;
   c) homemade.

Article 6. Object of legal regulation

1. This law regulates the procedure for the circulation of service-staff, hunting, sports, training, award and collection weapons, as well as weapons of self-defense.
2. The procedure for the circulation of military weapons under the jurisdiction of the Ministry of Defense, the Information and Security Service of the Republic of Moldova, the Department of Penitentiary Institutions of the Ministry of Justice and the Ministry of Internal Affairs is established by current legislation and military statutes.

[Article 6 supplemented by Law No. 120-XVI of 16.06.05, in force from 01.07.05] [Art.6 was amended by Law No. 754-XIV of 23.12.99]

Article 7. Subjects of ownership of weapons. The subjects of ownership of small arms and cold weapons, as well as weapons of self-defense and ammunition to it, may be the state, individuals and legal entities. Article 8. Individual as the subject of ownership of the weapon

1. The right to private ownership of arms and ammunition can be acquired by an individual who has reached the age of 18, who does not have medical contraindications to the handling of weapons that do not fall under the restrictions established by part (2) of Article 26 and permanently residing on the territory of the country.
2. Private property may include weapons:
3. a) Self-defense;
   b) hunting;
   c) premium and collection;
   (d) revolvers and pistols;

Further in the law, the word “weapons” means the types of weapons listed in articles 8 and 9, unless otherwise specified in a specific article;

Article 9. Legal entity as the subject of ownership of arms

Ownership of hunting, sports, training weapons and self-defense weapons and ammunition to it can be acquired by a legal entity regardless of the type of property that has in its structure a specialized security unit or a license for private detective and / or security activities or engaged in sports mass activities.

[Law No. 87-XV of March 25, 2004, in force on April 23, 04 amends Article 9]

Article 10. Possession and Use of Arms Owned by the State

1. The weapons, which are state property, are transferred into possession and use by the Ministry of Defense, the Information and Security Service of the Republic of Moldova, the Department of Penitentiary Institutions of the Ministry of Justice, the Ministry of Internal Affairs and other state bodies determined by the Government.
2. Heads of state bodies to whom weapons are transferred to possession and use, as well as organizations that own arms, determine the list of posts for which weapons are issued, select and train the persons who will occupy these positions, verify the knowledge, skills and skills of handling weapons, as well as bear personal responsibility for the organization of storage and control of weapons.

[Art.10 supplemented by Law No. 120-XVI of 16.06.05, in force from 01.07.05]

[Art.10 amended by Law No. 754-XIV of December 23, 1999]

Article 11. Termination of ownership, possession and use of arms

1. The ownership, possession and use of weapons ceases in the following cases:
2. a) The expiration of the period established by the permit for storage and carrying;
3. b) Cancellation of the permit for the right to store and carry weapons for violations of the relevant rules;
4. c) The cessation of the activities of the organization or the employment relationship in connection with which a permit was issued for the right to store, bear and use weapons;
5. d) The transfer of excessive or unsuitable weapons to the internal affairs bodies;
6. f) The death of the owner.
7. In the event of the death of the owner, his relatives transfer weapons and ammunition to him to the territorial police body for a temporary period of ten days, until the issue of his inheritance and the acquisition by the heirs of the right to own the weapon be resolved.
8. If, within a month after the opening of the inheritance, the heir did not apply to the police authority for permission to purchase weapons and did not re-formulate it, sold or donated weapons to another person who has such a permit, then weapons that are temporarily stored in the police body and ammunition to it is realized by this body through the state specialized shop with compensation to the heir of their cost taking into account the expenses for their sale.
9. Legislation may provide for other cases of termination of ownership, possession and use of weapons.

Chapter II

STATE ARMS CADASTRE AND STATE REGISTER OF WEAPONS

Article 12. State Arms Cadaster

The state weapons cadaster is a systematized list of weapons samples (constructive type, system, model, GOST, etc.) located on the territory of the republic, indicating its main tactical and technical data. (2) The state weapons cadastre is intended to provide state body’s authorities and management, individuals and legal entities with information on the weapons listed in Article 3, in order to control its manufacture, sale, acquisition and use.

Article 13. Structure and order of maintenance of the State Arms Cadastre

1. The state weapons cadastre consists of two sections. The first section includes information about samples of military weapons, which are a state or official secret. The degree of secrecy of such information is determined by the Government. The second section includes information about weapons samples that are not secret.
2. The procedure for maintaining the State Arms Cadastre is established by the Government.

Article 14. State Register of Arms

Information on firearms (except military) is included in the State Register of Arms, which is administered by the Ministry of the Interior.

 

Chapter III.

ORGANIZATION OF CONTROL OVER WEAPONS

Article 15. Competence of Parliament

The competence of Parliament includes the legal regulation of arms control.

Article 16. Competence of the Government

The competence of the Government in the field of arms control includes:

1. a) Development of a concept for the production of weapons at state-owned specialized enterprises;
2. b) Organization of the production, purchase and sale of weapons;
3. c) Purchase of weapons from foreign states;
4. d) Sale of weapons that are state property, to other countries or foreign legal entities;
5. e) Determination of the procedure for storage and use of state-owned weapons, adoption of decisions on the transfer of these weapons to the possession and use of public authorities;
6. f) Establishment of the procedure for maintaining the State weapons cadastre and the State Register of Arms;
7. g) Definition of the list of types of weapons and ammunition for it, allowed for sale to individuals and legal entities;
8. h) Performance of other functions within its competence.

Article 17. Competence of the Ministry of Internal Affairs

The competence of the Ministry of Internal Affairs in the field of arms control includes:

1. a) the development of uniform rules to ensure control over weapons, the submission of proposals to the Government to improve the current legislation and regulations governing the procedure for the production, acquisition, storage, carrying, carrying and use of weapons by individuals and legal entities;
2. b) Control over the manufacture, acquisition, storage, carrying, transportation and use of arms owned by individuals and legal entities, as well as transferred to legal entities for possession and use;
3. c) Ensuring control over the import of weapons into the territory of the republic and exporting it abroad;
4. d) Issuing licenses for non-state detective and security activities;
5. f) Issuing permits for the acquisition of weapons abroad for sale to individuals and legal entities and importing them into the territory of the republic;
6. f) issuing permits for the opening of specialized shops selling individual weapons, specialized enterprises for the production of certain types of weapons and workshops for repairing weapons and making certain parts and parts to it, as well as sports and hunting cartridges for smooth-bore hunting and sporting guns, for the right to purchase hunting and other rifled weapons, as well as sports, lecture and training weapons;
7. g) Registration of rifled weapons that are privately owned by individuals;
8. h) Performing other functions within its competence or transferring some of its functions to the territorial police authorities.

[Art.17 amended by Law No. 563-XV of 19.10.2001]

 

Article 18. Competence of territorial police authorities

The competence of territorial police agencies in the field of arms control is:

1. a) Issuing permits for the acquisition, storage, carrying and transportation of weapons (other than rifled weapons that are privately owned by individuals);
2. b) Registration of weapons that are the property of individuals and legal entities (other than rifled weapons that are privately owned by individuals);

(c) Ensuring the accounting of weapons in the area under their jurisdiction;

1. d) Issuing permits for the opening of shooting galleries, shooting ranges, rifle and hunting stands;
2. e) Monitoring compliance with the rules for the manufacture, acquisition, storage, carrying, transport and use of weapons;
3. f) Cancellation of permits for the right to store weapons and their seizure in cases provided for by this law.

Chapter IV.

WEAPONS PRODUCTION AND TRADE

Article 19. Manufacture and repair of weapons

1. The production of weapons and ammunition (except cartridges for hunting weapons) is a state monopoly and is carried out in the manner established by the Government.
2. Weapons and ammunition are manufactured at state-owned specialized enterprises that provide high technology, safety, control and quality of manufactured products.
3. The owners of hunting smooth-bore weapons have the right to manufacture cartridges for personal use without license, and the Society of Hunters and Fishermen of Moldova, on the basis of the permission of the Ministry of Internal Affairs, has the right to manufacture such cartridges for sale in accordance with the established procedure.
4. The Society of Hunters and Fishermen of Moldova has the right to manufacture at its own expense and implement in accordance with the established procedure sports and hunting cartridges for smoothbore guns of various calibers on the basis of the permission of the Ministry of Internal Affairs.
5. Weapons repair can be carried out by weapons repair shops regardless of the type of ownership on the basis of a license issued by the Licensing Chamber. (6) The manufacture of weapons and ammunition and the repair of weapons in violation of the established procedure are punishable in accordance with the law.

[Art.19 was amended by Law No. 333-XV of July 24, 2003, in force on September 19, 2003]

[Law No. 563-XV of 19.10.2001 supplements Article 19]

Article 20. Rights and obligations of arms manufacturers

1. Manufacturers of weapons have the right: a) to manufacture weapons in the manner prescribed by the Government;
   b) develop types of weapons and test manufactured weapons in accordance with the established procedure;
   c) sell weapons and receive revenues from its sale.
2. Manufacturers of weapons are obliged:
3. a) Sell weapons in accordance with state standards and technical conditions and test it;
   b) certify the weapon with the markings and registration numbers;
   (c) To inspect weapons and ammunition;
   d) ensure the safety of weapons, spare parts and ammunition;
   e) sell weapons and ammunition to him in the manner prescribed by applicable law.

[Art.20 was amend by Law No. 333-XV of July 24, 2003, in force on September 19, 2003]

Article 21. Trade in Arms

1. Trade, including on a commission basis, with individual firearms, special means, service-staff, training, sports weapons, and ammunition to it is carried out by specialized state stores on the basis of a license issued by the Licensing Chamber.
2. Trade, including on a commission basis, with hunting and sporting firearms, spare parts and cartridges to it, as well as components for the manufacture of cartridges is carried out by the Society of Hunters and Fishers of Moldova through its own specialized shops on the basis of a license issued by the Licensing Chamber.

[Art.21 amended by Law No. 239-XV of 08.07.04, in force on 16.07.04]

[Article 21 amended by Law No. 333-XV of July 24, 2003, in force on September 19, 2003]

[Art.21 in the wording of Law N 1307-XV of July 25, 2002, in effect on 05.09.02]

[Art.21 in the version of Law No. 563-XV of 19.10.01]

Article 22. Rights and obligations of arms and ammunition sellers

Sellers of arms and ammunition have the right to:

1. a) Enter into contracts with manufacturers for the supply of arms and ammunition;
2. b) Lodge claims against the manufacturer for the late delivery of arms and ammunition to him or the supply of defective weapons;
3. c) To receive income from intermediary activity.

Sellers of weapons and ammunition are obliged to:

1. a) To sell weapons only after submission to the Ministry of Internal Affairs of information on weapons that have been put on the market for entry into the State Register of Arms;
2. b) Sell weapons and ammunition to it in strict compliance with the requirements of this law and the regulations of the Ministry of Internal Affairs;
3. c) Comply with the license terms; (d) ensure the safety of commercially available weapons and ammunition;
4. e) Immediately inform the territorial police of cases of theft of arms or ammunition, as well as the facts of the revealed shortage.

[Art.22 amended by Law No. 333-XV of July 24, 2003, in force on September 19, 2003]

[Law No. 563-XV of 19.10.2001 supplements Article 22]

Article 23. Transfer of weapons that are state property to possession and use by third parties

1. The Ministry of Defense and the Ministry of Internal Affairs can transfer state-owned and individual protection equipment to legal entities regardless of the type of property that is licensed for private detective and / or security activities. Heads of these legal entities are required to comply with the requirements of part (2) of Article 10.
2. Servicemen, persons of the commanding staff of the internal affairs agencies, the Information and Security Service of the Republic of Moldova, the Department of Penitentiary Institutions of the Ministry of Justice, the State Security Service, who have served for at least 20 years, and certified employees of prosecutors who have worked for at least 20 years, retirement with the permission of the leadership of the relevant body to retain the service weapon in accordance with the requirements of Article 30.

[Article 23 is supplemented by Law No. 120-XVI of 16.06.05, in force from 01.07.05]

[Law No. 87-XV of March 25, 2004, in force on April 23, 04 amends Article 23]

[Law No. 754-XIV of December 23, 1999 amended Art. 23]

[Law No. 98-XIV of 22.07.98 amended Art. 23]

Article 24. Acquisition of individual weapons

1. Individuals and legal entities that have the right to own the weapons stipulated in Articles 8 and 9 acquire weapons and ammunition to it on the basis of a permit and in accordance with the procedure established by this law and regulatory acts of the Government and the Ministry of Internal Affairs.
2. Individuals and legal entities have equal rights in acquiring arms and ammunition, unless otherwise stipulated by regulatory acts of the Government.

Article 25. Alienation of weapons owned by individuals to the private property

1. A natural person can donate or transfer weapons to a property in exchange only to a person authorized by the police to purchase weapons.
2. In the event of the alienation of arms and ammunition to him, an individual

Is obliged within three days to notify the police body, in which the weapon registered, about the completion of such a transaction, having informed the information about the new owner. The new owner is obliged to comply with the requirements of Article 30.

Article 26. Issuance of permits to individuals for the acquisition of weapons

1. Individuals wishing to acquire weapons in private ownership are referred to the police at their place of residence, who within two months make a decision to issue them permission to purchase weapons and ammunition.
2. The permit is not issued (and the issued is revoked) to persons:
3. a) Suffering from mental illness and registered with health authorities;
4. b) Systematically violating public order, abusing alcoholic beverages or using narcotic (toxic) substances for non-medical purposes;
5. c) Who have not been convicted in the prescribed manner
6. d) Intentionally committed serious crimes involving the use of firearms, explosives or toxic substances;
7. e) Sentenced to deprivation of liberty, including conditionally with mandatory involvement in labor, for committing intentional crimes;
8. f) Conditionally released from places of deprivation of liberty with compulsory recruitment to work;
9. g) Those brought to administrative responsibility for poaching or other unlawful handling of weapons;
10. h) Previously acquired weapons and lost it through their fault;
11. i) Citizens of the Republic of Moldova permanently residing outside the republic, unless otherwise provided by interstate agreements.
12. The territorial police bodies carry out an operational record of weapons and ammunition purchased by individuals into private ownership. C reference to the acquisition of firearms within a day are transferred to the Ministry of Internal Affairs for entry into the State Register of Arms.

[Art.26 amended by Law No. 134-XV of 20.03.03, in force on 15.04.03]

Article 27. Issuance of permits to legal entities for the acquisition of weapons

Legal entities that wish to acquire weapons under Article 9, or obtain it for possession and use, apply to the internal affairs bodies, which within two weeks decide on the issue of a permit for the acquisition of weapons.

Article 28. Rights and obligations of the owners of weapons

1. The owners of weapons have the right: a) to use weapons in accordance with articles 37 and 38;
   (b) in the event of forfeiture or voluntary surrender of weapons, to receive compensation in the amount of its value.
2. The owners of weapons are obliged:
3. a) Register and re-register weapons;
4. b) Observe the established procedure for the transport of arms and ammunition;
5. c) Ensure the safety of weapons and ammunition in accordance with the current legislation and regulations of the Ministry of Internal Affairs
6. d) Ensure unobstructed passage of police officers to the territory of controlled facilities and weapons storage sites, and familiarize them with the necessary documentation.

Article 29. Rights and obligations of weapon owners and users

1. Owners and users of weapons have the right: a) to keep and bear arms in accordance with the terms of its provision;
   b) use weapons only in the cases and in the manner prescribed by applicable law.
2. Owners and users of weapons are obliged:
3. a) Use the weapon in accordance with the purpose and terms of its provision;
4. b) Ensure the safety of weapons and ammunition in accordance with the current legislation and regulations of the Ministry of Internal Affairs.

Chapter V

STORAGE, WEARING AND CARRIAGE OF WEAPONS, ITS USE AND APPLICATION

Article 30. Issue of a permit to store and carry weapons

1. The owner, owner or user of weapons is obliged, after acquiring or receiving weapons in five days, to apply to the territorial police authority for registering weapons and obtaining permission for the right to store and bear them, having previously created the conditions for this.
2. Upon receipt of a permit for the right to store and carry weapons, its owner, owner or user signs an obligation to comply with the provisions of this law and the rules for the handling of weapons.

Article 31. Storage of weapons

Individuals and legal entities that have acquired weapons and ammunition in their possession or received them for possession or use must ensure their safety and prevent the transfer of weapons to other individuals and legal entities.

Article 32. Wearing a weapon

The owner, owner or user of the weapon is obliged to carry with him the permission of the established model issued by the territorial police body when carrying it. It is forbidden to transfer weapons to other persons.

Article 33. Transportation of weapons

Physical and legal persons carry arms and ammunition to it on the basis of permits of territorial police authorities.

Article 34. Use of weapons

Owners, owners and users of service-staff, hunting, sports, training, award and collection weapons, as well as self-defense weapons are obliged to use it in accordance with the purpose of each of them. It is prohibited to find (regardless of the purpose and time) in the hunting grounds of the owners of firearms (except for short-range weapons of self-defense) that have it with them, who are not members of the Society of Hunters and Fishers of Moldova.

[Law No. 563-XV of 19.10.2001 supplements Article 34]

Article 35. Attraction of owners of weapons for the protection of law and order

Individuals who have weapons on the right of private property may be invited on a voluntary basis by the bodies of internal affairs to protect public order and ensure the safety of property of citizens. In these cases, weapons are used in accordance with the Police Act.

Article 36. Conditions and Limits of the Use of Firearms and Self-Defense Weapons

1. Owners, owners and users of firearms and self-defense weapons have the right to apply it in the cases and in the manner provided by this law.
2. The use of a weapon is considered the production of an aimed shot.
3. A warning of the intention to use it with sufficient time to respond to such a warning, except when delay in the use of weapons poses an immediate threat to the life and health of owners, owners and users of weapons or other citizens or may entail other grave consequences, must precede the use of firearms.
4. Firearms are not used against women, minors, people of prejudiced age, as well as people with obvious physical handicaps, except for cases of armed attack, resistance with the use of weapons or group attack, threatening the life and health of owners, owners and users of weapons, personal or property protected by them, if it is impossible to reflect such actions by other means and means.
5. In all cases where the use of weapons cannot be avoided, the owners, owners and users are obliged to strive for the least damage to the health, honor, dignity and property of citizens, and to facilitate the provision of medical assistance to the victims.
6. With a sudden attack, the weapon can be used without warning.
7. Excess of authority for the use of firearms entails a statutory responsibility.

Article 37. Use of firearms

1. Firearms are used by persons authorized to store and carry it as an extreme measure in the following cases:
2. a) For self-defense and protection of citizens from an attack that actually threatens life or health, as well as when suppressing forcible seizure of firearms;
3. b) To repel a group or armed attack on protected sites and premises belonging to individuals and legal entities;

(c) To repulse forcible entry into residential and business premises, endangering the life and health of persons in them;

1. d) To apprehend a person who provides armed resistance or is caught in committing a serious crime and trying to escape from the crime scene.
2. Owners, owners and users can also use firearms to trigger an alarm and call for help, neutralize an animal that threatens the life or health of citizens.

Article 38. Use of self-defense weapons

The self-defense weapon is used as an extreme measure to repel an attack on the owner, owner and user of weapons or other citizens.

Article 39. Actions after the use of weapons

In case of injury or death of citizens as a result of the use of firearms or self-defense weapons, the person who used the weapons is obliged:

1. a) Ensure the provision of first aid to the victim and his delivery to a medical institution;
2. b) Immediately report the incident to the nearest police authority;
3. c) Ensure the inviolability of the scene and arrange for its protection before the arrival of law enforcement officials and upon informing them of what happened;
4. d) Keep the weapon in the state it was in after use.

Chapter VI

RESPONSIBILITY FOR VIOLATION OF LEGISLATION ON CONTROL OVER WEAPONS

Article 40. Protection and Restriction of the Rights of Manufacturers, Sellers, Owners, Owners and Users of Arms

1. Protection of the rights of manufacturers, sellers, owners, owners and users of weapons is carried out in accordance with the Constitution and current legislation.
2. The rights of manufacturers, sellers, owners, owners and users of weapons may be restricted only in cases provided for by applicable law. (3) Disputes about the violation of the rights of manufacturers, sellers, owners, owners and users of weapons are resolved in court.

Article 41. Responsibility for violation of arms control legislation

1. Officials and citizens shall be administratively or criminally liable for the violation of legislation on the procedure for the manufacture, sale, storage, carrying, carrying, use and use of weapons in the prescribed manner.
2. Officials of the internal affairs bodies who are guilty of improper control over weapons or who have exceeded their authority are disciplined or criminally liable.

Article 42. Withdrawal of weapons from individuals and their implementation

1. Weapons and ammunition belonging to individuals on the right of private property shall be withdrawn by the police after the cancellation of the permit for the right to store and carry weapons in the cases provided for by: a) paragraph (a) of Article 26 (2) – immediately and for compensation;
   b) Article 26, paragraph 2 (b), (e) and (g), – immediately and free of charge.
2. Individuals provided for in clause 26 (2) (d), (l) and (h), after the cancellation of the permit for the right to store and carry weapons, are granted a two-week period for the sale of weapons in the manner prescribed in article 25. After the specified period, weapons and ammunition to them are seized, free of charge.
3. The weapons seized from individuals specified in clause 26 (2) (c) are stored in the police before the court passes a verdict on the criminal case, after which the police decide to implement it.
4. The weapons seized by the police are sold only through specialized shops on a commission basis.

[Art.42 amended by Law No. 563-XV of 19.10.2001]

Article 43. Withdrawal of Arms from Legal Entities and Its Realization

1. The seizure of arms and ammunition from legal entities and their implementation on a commission basis is carried out by the police after the cancellation of the permit for the right to store and carry weapons in the cases established by this law.
2. Permission for the right to store and carry weapons is canceled by the police authority, its issuer, or the Ministry of Internal Affairs in violation of the relevant rules.
3. Upon termination of ownership, possession and use of weapons in the cases provided for in Article 11 (1), subparagraphs (a), (b) and (c), a legal entity shall be granted a two-week period for obtaining permission to store and carry weapons or to sell them pursuant to Articles 25 and 42, or return it to the owner.
4. At the end of this period, weapons are withdrawn for compensation and sold through specialized stores, and the weapon, which is the property of the state, is transferred to the Ministry of Internal Affairs.
5. If a legal entity uses weapons for other purposes, it is withdrawn immediately and free of charge.

[Art.43 amended by Law No. 563-XV of 19.10.2001]

Chapter VII.

FINAL PROVISIONS

Article 44. Procedure for the import and export of weapons

The procedure for importing and exporting weapons to and from the Republic of Moldova is established by intergovernmental agreements.

Article 45. Supervision of compliance with the legislation on control over individual weapons

The prosecutor of the Republic of Moldova and the prosecutors subordinate to him supervise the observance of the legislation on control over individual weapons.

Article 46. International Treaties

If the international treaty of the Republic of Moldova establishes rules other than those contained in the arms legislation, the rules of the international treaty are applied.

THE PRESIDENT

REPUBLIC OF MOLDOVA: Mircea SNEGUR

Chisinau, 18 May 1994,

Nr.110-XIII __________

Laws of the Republic of Moldova

110 / 18.05.94 The Law on Arms // Monitorul Oficial 4/43, 09/08/1994