How much do you get for carrying bladed weapons. Wearing knives: general information, punishment

Edged weapons can be of a sporting, hunting or military type. It does not use the power of combustible and explosive compounds, electricity, compressed gas. Melee weapons are mostly manual. Throwing type devices are also distinguished. They may or may not be manual.

Historical information

Melee weapons have been around for a long time. It was originally used as a hunting tool. However, with the development and widespread firearms it has lost its meaning almost completely. Today it is used as an auxiliary. Melee weapons serve to complement the capabilities of firearms. It is also used as part of a uniform or an award element.

Classification system

Edged weapons can be assigned to one or another type, genus, class, subspecies or type, variety in accordance with various grounds:

According to the production method.
device.
The principle of action.
Appointment and more.

The classification system acts as a scientific and theoretical basis for determining the group affiliation of an object. It is considered one of the most significant structural components of the forensic doctrine, which studies not only the weapons used in the commission of crimes, but also all its varieties.

Species by established types

That edged weapon, which has no analogues in the classification system, but at the same time has all its generic properties and features, is called atypical. Usually this is either a completely original design, or a disguised fixture. The latter include, for example, a stiletto pen, a cane-sword. Those edged weapons that correspond to historically established patterns, adopted by the armies or are traditional for some nation or nationality, are called standard.

Definition

In accordance with Russian law, edged weapons are designed to hit targets with the help of human muscle power in direct contact with the object. Throwing objects are called objects that are used if the target is at a distance. In this case, such a device receives the direction of movement by also applying muscle force or due to a mechanical device. Not included in the category of edged weapons are certified products for industrial and household purposes, as well as sports equipment that have a structural similarity with it.

Main features

In accordance with the Federal Law, questions about classifying a particular item as a cold weapon are resolved solely on the basis of the results of a forensic examination or certification. Specialists are guided by regulations and relevant requirements. In particular, the classification of an item as a melee weapon is influenced by:

Butt thickness.
Blade length.
Handle design.
Blade hardness, etc.

In modern practice, the manufacturer of knives or their seller certifies products in a specialized center. The latter, in turn, must be accredited and registered in the register of the relevant authorities. The seller or manufacturer receives a certificate, according to which the knife belongs to the household category (sports, tourist, kitchen) or to a weapon. When buying, you can get an "information sheet". It contains a description of the knife itself, the conclusion of the examination, the date and number, as well as the coordinates of the competent authority.

Typology

In accordance with the law, depending on the purpose of use by certain subjects, as well as on the basis of general parameters and characteristics, all weapons are divided into:

Service. It is designed to be used by different officials government agencies and employees of legal persons who have the right to keep, use and carry weapons.
Civil. It is intended for use by citizens of Russia for self-defense, hunting or sports.
Combat cold and manual small arms. It is used to solve operational-service and military tasks and is adopted by army organizations.

Melee weapons are not classified separately. However, there are indications in the regulations that:

Bladed edged weapons can be considered sports and hunting.
Throwing devices stand out as an independent subtype.
Bladed edged weapons can be designed to be worn along with the Cossack uniform, national costumes of the peoples of Russia. Their attributes are established by the Government.
Edged weapons can be accepted by the heads of paramilitary state organizations. The procedure for admission is established by the Government of Russia.

Other classification

In accordance with the method of production, edged weapons are divided into:

Factory. By design, such products comply with standards and specifications, and also have markings.
Artisanal. Such weapons are made to certain standards by master gunsmiths. In this case, products may have a special stamp.
Homemade. Such weapons are made by people who do not have the appropriate professional skills.
Redone. Such weapons include products processed by removing or adding certain elements.

According to the place of manufacture, weapons can be:

Patriotic.
Foreign.

Depending on the principle of operation, weapons are distinguished:

Chopping (swords, sabers).
Throwing (kunai, shuriken, dart, spear).
Piercing-cutting (broadsword, scimitar).
Shock-crushing (brass knuckles, bludgeon, club, club).
stabbing ( needle bayonet, stiletto, dagger, rapier, pike).
combined action.
Stab-cutting (bayonet-knife, knife, dagger, sword).

Depending on the features of the constructive device, there are:

Non-clinical.
Klinkovoe.

According to certain requirements, they distinguish:

Standard.
Non-standard.

Depending on the design features blade is a weapon:

Double-edged.
Single-edged.

Restrictions for civil circulation

In accordance with the adopted legislation on the territory of Russia, the following manipulations are prohibited:

1. Turnover of certain varieties of edged weapons:

Boomerangs, shurikens, brass knuckles, flails and other special devices of throwing and shock-crushing action. The exception is sports equipment.
knives and bladed weapons, the blades and blades of which are either automatically removed by pressing a lever or button from the handle and then fixed by them, or extended by means of an accelerated movement or gravity and secured if their length is more than 90 cm.

2. Storage and carrying of edged weapons for sports purposes of the blade and throwing type. An exception is the use of bows and crossbows for the purpose of carrying out preventive and research work related to the injection and immobilization of fauna objects.

3. Shipment.

4. Wearing edged weapons by citizens during public mass events. These include, in particular, picketing, demonstrations, street marches, rallies, and so on.

5. Wearing edged weapons for self-defense. The exception is the transportation (transportation) of devices.

In the last two cases, only edged weapons are meant, but not objects similar to them. Such devices, for example, include penknives, cutlery. For civil circulation, it is necessary to obtain the relevant documents, depending on the purpose of use. This may be a license to carry edged weapons, a certificate. Prohibited for circulation are atypical devices produced by a handicraft method without complying with standard requirements and technical conditions.

Acquisition

Citizens of the Russian Federation who have reached the age of 18 have the right to buy edged weapons. At the same time, it is necessary to obtain an appropriate document for the purchase of products. As a rule, this is a license. It is allowed to purchase products for self-defense, hunting, sports. The document gives the right to purchase and carry edged weapons of blade and hunting types with national costumes or Cossack uniforms. You can get the necessary paper for a specific type of product at the place of residence in the police department.

Administrative responsibility

For carrying knives without proper documents, violation of other requirements for a citizen, appropriate measures may be applied. They are quite clearly spelled out in the Administrative Code of Offenses. The law on the carrying of cold steel, its acquisition, transportation, use, display, sale, production regulates the civil circulation of the products in question. The normative act also establishes the procedure for recording and destroying items of this category.

Punishment for carrying edged weapons, violation of registration deadlines and other requirements related to its civil circulation, is usually a fine. The regulation of March 7, 2013 restricts manipulations with products of this category. Paragraph 4, which contains the corresponding article, for carrying knives without documents, as well as other illegal actions, provides for the imposition of a penalty on the offender. Its size is from 500 to 2000 rubles. Administrative responsibility for carrying edged weapons can be expressed in the deprivation of the right to any actions with devices for a period of 6 months to a year.

What products can be purchased?

A citizen who has a permit to carry and store firearms and hunting weapons can also purchase cold bladed weapons. At the same time, a corresponding mark is made on his ticket. In this case, there is no need to additionally issue a permit to carry knives. The existing paper acts as it. As mentioned above, carrying cold weapons is allowed with a Cossack uniform or national costume. To do this, you need the appropriate paper. The document is a license. It gives the right not only to purchase products. The document also acts as a permit to carry edged weapons as an attribute.

Provisions of the Criminal Code

Previously, violations of the established procedure were regulated by the Criminal Code of the Russian Federation. Carrying bladed weapons without proper papers was considered a criminal offense. Today, other regulations are in force. Illegal possession of edged weapons is considered an administrative offense. However, the regulatory provisions of the Criminal Code have not disappeared. Prior to their introduction for carrying knives, the Criminal Code established compulsory corrective labor for 180-200 hours, 1-2 years.

Arrest for 3-6 months or imprisonment for up to 2 years was also envisaged. In the latter case, article 222 of the Criminal Code (part 4) provided for a fine for carrying knives - from 200 minimum dimensions wages or equal to the wages or other income of the violator. Today the Criminal Code regulates only unlawful sale. Compulsory corrective labor for 180-200 hours or for 1-2 years is a punishment for the sale of cold, including throwing weapons, as well as gas weapons. As in the previous case, arrest, imprisonment with or without a fine is provided. Criminal penalties may also follow for the illegal manufacture of weapons. In this case, compulsory corrective labor, arrest, imprisonment with or without a penalty may also be assigned.

Concealed carry of melee weapons

Along with blade devices used in paramilitary formations, there is another rather specific class of products. Melee weapons for concealed carry are necessary to carry out special missions that are associated with sabotage operations, secret contract killings, espionage and other things. To this list in recent times added and self-defense in urban areas.

History reference

Concealed carrying of edged weapons began to become popular during World War II. It was associated with the activities of American and British specialized structures. They were engaged in conducting special operations on the territory of the former Nazi Germany, as well as its allies.

First developments

Different types of edged bladed weapons were made in the British Office for Special Operations and the US Office of Strategic Services during the Second World War. The items were different items. Knives and daggers were designed to be worn behind the lapels of jackets and jackets, stilettos looked like hat clips. Often, special smaller modifications of leather scabbards were used for knives. Due to the special design, the item could be fixed on different parts of the body.

Blades for self defense

In the 70s previous century ordinary citizens were forced to look for means to ensure their safety while on the streets of cities. This was due to a sharp increase in crime. Over the next decade, the volume of produced edged weapons for concealed carry increased significantly. Initially, manufacturers took as a basis the developments of the above OSS and USO. The subsequent improvement in the design of bladed weapons for concealed carry went along the path of developing and introducing new devices, reducing the size of the blade itself while increasing its cutting or piercing properties. Products disguised as ordinary items were also produced.

Special fixtures

Concealed carry was provided by belt systems similar to the shoulder systems used for firearms. They made it possible to carry knives of ordinary (standard) sizes unnoticed by others under outer clothing (jacket or jacket). The production of systems was carried out for a specific model of the product or its specific position (handle down or up, on the back, side, and so on). The use of a new type of plastic as a consumable material in the production of covers for knives with a fixed blade or for folding items has become revolutionary. In such a scabbard, due to elasticity, it was ensured that the weapon was held securely in any position, as well as quick extraction. Manufacturers began to produce sets of knives with carrying systems that allowed the object to be fixed in the way the owner prefers.

Transport order

To date, regulations have not clearly established the rules for carrying knives. However, there are a number of restrictions. So, in the Law "On Weapons", in Art. 6, it is determined that it is not allowed to wear products from the category in question as a means of self-defense. In addition, the obligation to have accompanying documents is prescribed. In particular, the owner of edged weapons should have a citizen's passport, a hunting or military ID, an official ID and other documents confirming his identity. In addition, paper is needed for the product itself.

It is a license issued by the VD Authority at the place of residence. There is an established opinion about the correct transportation of products in this category. And many police officers adhere to it. Thus, it is believed that it would be correct to carry edged weapons along with supporting documents in a bag or backpack. At the same time, undoubtedly, during the arrest by the police, one can try to explain that the knife in the case on the belt is not a means of self-defense and hangs solely for convenience. Moreover, the law does not spell out exactly where it should be kept during transportation. Of course, you should have the relevant documents with you. Otherwise, it will be difficult to prove anything.

Finally

Despite the fact that the responsibility for carrying and transporting edged weapons is administrative in nature, it is not worth violating the existing provisions. It should be remembered that the purchase of the products in question for self-defense is strictly prohibited. Relevant documents must be attached to any type of edged weapons. Its direct application should be carried out with caution. With the help of melee weapons, you can cause significant injury to a person or even kill him. Such actions, in turn, can lead to serious consequences up to and including criminal penalties. If edged weapons are stored at home, they should be out of the reach of children, however, like any piercing, cutting or capable of causing injury.

Every year, the illegal possession of edged weapons is gaining momentum. Unfortunately, the criminal situation in the country provokes the need to be able to protect oneself. The fact that many citizens have illegal weapons is no longer surprising. Disputes over the correct definition of the concept of edged weapons, the legality of carrying it, are still ongoing.

Peculiarities

Buy edged weapons is not prohibited by law, the range of goods offered is diverse and multifaceted. Here it is important to understand how exactly these devices differ from other types of similar items.

To begin with, let's define what edged weapons are according to the Criminal Code Russian Federation. This is a specific thing designed to inflict injury on a chosen target using the strength of the musculature of a human individual.

Among specialists in a narrow direction, there are distinctive characteristics by which tools are classified:

diameter and volume of the handle;
blade size.
determination of the quality of the metal.
butt width.

Except various kinds knives, the category "Cold weapons" includes the following types: sabers, daggers, brass knuckles, stilettos. The main purpose of all of the above items implies the achievement of the intended goal.

Wounds are inflicted with this type of weapon. different nature. These can be chopped, stab-cut, crushed, stab wounds. The nature and form of the alleged weapon is determined by the form of mutilation itself.

Among the general range of devices for inflicting injuries, the circulation of such types of combat devices as a flail, brass knuckles, suriken, boomerang is completely prohibited by law.

All these devices are designed for impact-crushing actions, throwing and carry an increased threat to society. The ban is also applied to the distribution of specific social service weapons.

Prohibited devices are distinguished by the following features:

Blades and knives that have a blade greater than 9 cm.
In this case, the tip itself can be removed by pressing on the handle device or lever.

The second method of extraction involves moving with acceleration or applying the laws of gravity.

It is especially forbidden to use and wear devices made without permission at home or in other non-standard conditions. It is also strictly forbidden to use any type of weapon during rallies, parades, and any other organized actions.

The right to purchase and further exploitation of edged weapons is not given to every willing citizen of our country. These citizens must already have a special permit for the storage and carrying of a particular type of weapon. When making a purchase, the owner's permit must make a note about this purchase.

As an exception, it is allowed to purchase weapons that come with a Cossack uniform and other national costumes. But for the acquisition of these paraphernalia, a special permissive license is issued.

According to the legislation (Law No. 150 “On Weapons”) and regulatory GOSTs, it is allowed to use in everyday life and carry with you knives that have the following classification:

Knives for tourists and athletes.
Cutters intended for butchering and skinning animals.
Equipment for hunting weapons.
Devices for decor, gift variations.
Crossbow and bow in two variations - sports, children's.

In the event of disputes, a criminal or independent certified examination is carried out. This event will completely resolve disputes over determining the presence of distinctive characteristics inherent in the cold .

The right to purchase permitted edged weapons has an adult citizen of the Russian Federation who has permits allowing him to make this purchase.

Permissible licenses for a certain type of weapon are issued, according to the place of residence of the buyer, by the licensing services of Russia.

According to the law:

when buying any type of weapon, you must definitely ask the seller for a certificate indicating the type of device;
a certificate or sometimes it is called an “information sheet” indicates which specific type of edged weapon the purchased item belongs to.

Such an authorization document should always be worn with the purchase to resolve disputes or issues from regulatory authorities.

Penalties for illegal possession of weapons and provisions of the Criminal Law

There are two legislative bodies involved in the settlement of liability for all actions related to edged weapons:

Criminal legislation of the Russian Federation.
Administrative legislation of the Russian Federation.

The correct distinction is established by law enforcement agencies. Clarification takes place in the process of investigating all the subtleties of the material under study and the degree of guilt of the suspect and his illegal actions.

Criminal punishment is always distinguished by the greater severity of the measures taken for the committed misconduct. The definition of responsibility in terms of punishment for illegal storage, carrying cold weapons was previously dealt with exclusively by Article 222 of the Criminal Code of the Russian Federation cold steel. According to it, responsibility is provided for the illegal circulation of weapons.

The permit applies only to regions where the carrying of such items is provided for by the composition of the national costume or hunting actions were punished as follows:

working for the benefit of the state (180-200 labor hours);
working out in correctional institutions (1-2 years);
limited freedom of movement (3-6 months);
Stay in prison (about 2 years).

The article for carrying weapons in a new interpretation defines punishment only for illegal trade in the same gas, cold, throwing weapons. The decriminalization caused a huge dissonance among law enforcement.

The punishment, despite the changes, remained the same. Mandatory criminal liability has also been preserved for the manufacture of any type of weapon (Part 4, Article 223 of the Criminal Code of the Russian Federation). In addition to edged weapons, this includes the manufacture homemade pistols, shotguns, shotguns and other types of weapons.

The administrative institution of law has put into effect the following types (part 2 of article 20.8 of the Code of Administrative Offenses of the Russian Federation) of punishment for non-compliance with the rules for storage and carrying:

a fine in the amount of five hundred to two thousand rubles with a paid withdrawal of the object;
verification of the suspect for involvement in possible criminal acts involving the subject of seizure.

Seizure of an object with compensation is a procedure according to which, after the sale of the object of seizure, the difference between the amount of the fine and the bargained amount will be returned to the owner of the tool.

For many times the State Duma has raised the issue of tougher punishment for free festivities with edged weapons. Indeed, today the buyer is given an appropriate piece of paper that the item is a souvenir product or a household knife, and therefore it is impossible to punish him.

Sometimes such certificates do not indicate the purpose, they simply write that the item is not a cold tool. In this regard, it is necessary to treat both the acquisition of weapons and their further operation and storage with special responsibility.

AT Everyday life citizens, there are many controversial issues when the use and storage of household items is interpreted as the storage and use of dangerous equipment that can harm others. When the law on weapons was adopted, characteristics and definitions were given for a more understandable and detailed consideration. certain types weapons.

General information

The law on carrying and storing edged weapons was adopted by the State Duma on November 13, 1996. The last changes were made on March 7, 2018. Federal Law 150 contains 32 articles. This law controls and regulates legal relations arising from the carrying and storage of any type of weapon on the territory of Russia. It also regulates and defines measures and processes for the protection of citizens, civil and state property, measures and processes for the security of the population, nature and natural resources. Federal Law 150 ensures the development of weapons intended for use in various sports, determines the processes international relations in the fight against crime and the illegal distribution and possession of all categories of weapons.

Summary federal law number 150 about weapons:

1 st. - a list of concepts and terms used in the law and their definitions;
2 tbsp. - lists and describes the various types and categories of weapons;
3 art. - information about weapons that citizens of the Russian Federation can use is framed;
4 tbsp. - information about weapons that can be used by employees of bodies and officials is framed;
5 st. - information was provided on the use of categories of weapons defined as hand-held cold and hand-held small arms;
6 art. - describes the prohibitions and restrictions established by law for the storage and use of weapons;
7 art. - a list of conditions and requirements for weapons and ammunition is presented;
8 art. - information on entering information into the state. a register of equipment and ammunition used by the population;
9 st. – describes the process and methods of obtaining a license to acquire and collect weapons and ammunition;
10 st. - a list of persons entitled to armament is given;
11 art. - a list of rights, powers and guarantees of the rights of the state is given. military organizations for armament;
12 st. - a list of rights, powers and guarantees of the rights to purchase and use weapons of legal entities is given. persons with special permission;
13 art. - a list of rights and guarantees of the rights to purchase and storage of equipment by citizens of the Russian Federation is given;
14 art. – formalized the processes and nuances of the acquisition, import and export of weapons to the territory of the Russian Federation by foreigners;
15 art. - lists other categories of persons who have the rights to purchase the described objects;
16 art. - formalized the process and legal side of the production of equipment and ammunition;
17 art. – the processes and nuances of the import and export of weapons and ammunition to the territory of the Russian Federation were formalized;
18 art. – describes the trade in various types of weapons on the territory of Russia;
19 Art. – the process and nuances of the sale or transfer of equipment by citizens to various military state companies are described;
20 st. - the purchase and sale, inheritance, donation of weapons and ammunition are registered;
21 art. – the process of resale of weapons belonging to citizens to other persons has been formalized;
22 art. - describes the nuances and basic provisions of storage of equipment and ammunition as personal property;
23 art. - the amount of the fee and the method of its payment for the use of the described objects of legal entities are presented. persons;
24 st. – a list of situations where citizens have the right to use equipment is given;
25 art. - provides information on the accounting, transfer, transportation, wearing in everyday life and in the service, collecting, destroying, etc., existing weapons;
26 art. - Cancellation of the license and withdrawal of the described objects;
27 art. – seizure of equipment and ammunition for it;
28 art. - state control over the trade and circulation of weapons in the country;
29 Art. - date and period of entry into force of this Federal Law;
30 st. – registration of other laws, acts and regulations to comply with the described law;
31 art. - programs used by the state. employees to comply with the requirements of the law;
32 art. – Recognition as invalid of some articles and provisions of the law.

The latest amendments to the Federal Law on Trade in the Russian Federation can be found

The definition of bladed weapons under the law is a weapon designed to be used with the help of a person’s musculature and his strength, to defeat a subject by direct contact with him.

There is equipment of different types, categories are divided into piercing, cutting and chopping. These include knives, daggers, stilettos, checkers, brass knuckles, swords, broadswords, daggers, etc. Kitchen, penknife and garden knives have a complex system and large blades, but do not belong to melee weapons.

On average, dangerous melee weapons have the following list of characteristics:

The length of the blade is more than nine centimeters;
A finger limiter is installed when holding equipment;
Blade thickness is more than 0.24cm;
The penetration of the weapon into the target enters to a depth of more than 2 centimeters;
The angle between the butt and the blade of the object does not exceed 70 degrees;
According to the established standard, the hardness of steel is at least 25 rockwell;
When measuring a transverse bend of at least 0.9 cm.

According to the parameters listed above, the permissible length of a knife blade by law is less than nine centimeters. In the event that the buyer cannot accurately determine the length of the blade and whether the purchased weapon meets the acceptable standard, the person can contact the specialists from the forensic examination department to clarify the characteristics of the object.

Latest amendments

The latest changes to the law on the storage and carrying of combat small arms and hand edged weapons were made on March 7, 2018. Changes have been made in article number 26.

In the first paragraph of article 26 of the Federal Law 150 another phrase was added after the phrase "(or) permissions". Information was added that all persons registered in Article 10 of the described law from paragraphs 2 to 7 may be deprived of their rights to a license for the storage or sale of weapons.

In the third paragraph of Article 26 of the Federal Law 150 instead of the phrase “by this Federal Law”, information is now regulated by a specific paragraph of the law, namely paragraph 2 of paragraph 4 of part nine of Article and paragraphs 2 to 10 of paragraph 20 of part thirteen of Article.

Rules for carrying cold steel according to the law

Information on fines and penalties for non-compliance with the law regarding the carrying of knives is framed in the Code of Administrative Offenses, in article number 20.8. According to this article, any person caught or seen in the misuse of edged weapons will be fined from 500 to 2000 rubles. The offender's equipment must be confiscated.

The following list of persons is eligible for arms:

Employees of bodies in the performance of their own duties;
At relevant cultural events where knives, swords, brass knuckles, etc. can be displayed or used;
Persons who have a license for hunting and related trade;
Citizens and other persons carrying out transportation and transportation and who need equipment for self-defense;
Athletes whose sport corresponds to the direction of use of weapons;
Persons who have passed military service and received weapons as a trophy. Such persons require special permission.

Not always in cases of armament a special permit or license is required. Citizens need an appropriate license only in cases where they buy equipment for hunting or using weapons when worn with national or Cossack costumes. If a citizen has a license to firearms for hunting or other use, he also has the right to use the same permit to purchase edged weapons. Permission is not required for the use of equipment in sports. In all other cases, citizens do not have the right to keep, wear or use it.

Citizens have the right to obtain an appropriate permit or license to use equipment for their own purposes. For military and paramilitary companies and organizations, different rules apply. A person draws up a written application, which is sent to the Department of Internal Affairs and is considered there. If a positive decision is made, the citizen is issued a document valid for 5 years.

Storage features

In the legislation of Russia there are no specific conditions and requirements for the storage of edged weapons by citizens. The storage of edged weapons under the law on weapons in accordance with the regulations has a number of certain rules. The main rule is that the equipment must be hidden in a place inaccessible to others and packed in specialized cases. However, even if a person does not act according to the prescribed rules, there will be no problems. There is no fine or other punishment for improper possession of weapons.

Knife making

In cases where citizens illegally manufacture and distribute equipment, they will bear administrative and criminal liability under the articles of the law on knives in Russia. Information on penalties and fines for the described actions is framed in Article 223 of the Criminal Code of the Russian Federation.

This article lists the following types of punishment for committing a crime:

Compulsory public works up to 480 hours inclusive;
Serving a term in places of deprivation of liberty for about 2 years and a fine from 50,000 rubles to 80,000 rubles;
Punishment in the form of corrective labor for a year or 2 years, depending on the severity of the crime.

In the event that a citizen cooperates with the investigation and voluntarily surrenders to officers or other employees the edged weapons he has, he automatically relieves himself of all criminal responsibility for the listed crimes.

Download the law on edged weapons in the latest edition

All information about weapons is presented in the law on weapons. If a citizen wishes to possess or use any type of weapon, he will need to draw up an appropriate application and send it to the police department. For more detailed information on how to obtain a license, it is recommended to read the text of this Federal Law.

Around the topic of the use of edged weapons, there is always some kind of confusion.

Some argue that criminal liability is provided for the illegal use of piercing and cutting objects, while others say that you can get off with a fine.

In what cases is a person threatened with an article of the Criminal Code of the Russian Federation for carrying knives, and when can he get off with a fine?

What does melee weapon mean?

Under this concept are various types of weapons that do not use combustible explosives, gas or electricity.

In this regard, this type of weapon includes swords, stilettos, pikes, rapiers, swords, daggers, bayonet-knives, knives. Also cold weapons include a police baton, kubotan, etc.

Many people believe that any household knife can become a cold weapon at the moment when a person has to use it in relation to another person. However, it is not.

A household item will never be a melee weapon due to the use. An ordinary knife, when used against a person, becomes an instrument of crime. But this does not mean that the knife becomes a melee weapon.

Signs of melee weapons:

developed emphasis;
comfortable handle, specially designed so that the hand does not slip;
blade length more than 9 cm.

Karambit in the Russian Federation is not considered a melee weapon for the reason that it has a concave cutting edge. A knife with a hook at the end also does not apply to melee weapons.

According to GOSTs of the Russian Federation, folding knives with a blade length of less than 150 mm do not belong to edged weapons.. If the blade length is less than 15 cm, then such a knife will belong to household appliances.

Knives with a fixed blade (non-folding knives) are not always melee weapons.

Experts define the type of knife as follows: if the stop ensures the safety of the hand when stabbing in pine board, then such a knife belongs to melee weapons. If the emphasis is weak and no matter what the length of the blade, then such a knife will also apply to household items.

According to Art. 222 of the Criminal Code of the Russian Federation, the sanction for the storage and sale of knives and other types of edged weapons is as follows:

restriction of freedom for up to 3 years;
engaging a convict in paid labor according to a court order for up to 4 years;
compulsory isolation of a convicted person for up to 4 years with or without a fine of up to 80 thousand rubles.

If a group of persons is engaged in the storage of piercing and cutting objects, then they face a penalty of imprisonment for a term of 2-6 years with or without a fine (up to 100 thousand rubles).

If an organized group is engaged in illegal possession of weapons, then each of its members may face a penalty of imprisonment for a period of 5 to 8 years with or without a fine (from 100 to 200 thousand rubles).

What will be for carrying cold weapons? The Code of Administrative Offenses (CAO) spells out responsibility for carrying chopping or stabbing weapons.

The article of the law sounds like this: “Violation of the rules for storing, carrying weapons by citizens” (Article 20.8 of the Code of Administrative Offenses of the Russian Federation) and implies that for such a violation the violator may face liability in the form of:

a fine in the amount of 500 rubles to 2 thousand rubles;
deprivation of the right to purchase and possess weapons for up to 1 year.

By "carrying" is meant the presence of a piercing-cutting object in clothes or on the body, which is equivalent to finding it in a bag, briefcase.

Transportation of weapons is equivalent to transportation. For example, a knife in the glove compartment of a car, in a wardrobe trunk or in the trunk is the transportation of edged weapons.

Citizens of the Russian Federation have the right to transport (transport) cutting and stabbing weapons that legally belong to them in the amount of not more than 5 units.

Melee weapons are recognized as such only according to the results of certification. If a person does not have permission for it, then he may face punishment.

Citizens of the Russian Federation have the right to carry edged weapons only in two cases:

If the person who wants to purchase such a weapon has a permit to carry a hunting weapon. When buying a knife, a hunting ticket must contain an entry.
If a person decides to buy a cutting object in order to complement the Cossack image, that is, he wants to purchase a weapon as an attribute for a national costume.

In all other cases, it is forbidden to carry edged weapons in Russia..

According to Law No. 150-FZ of December 13, 1996, the carrying of edged weapons is allowed:

According to the laws of the Russian Federation, it is forbidden to carry edged weapons in self-defense.. If a person has a weapon permit, then he must carry it along with documents.

When buying any type of edged weapons, the buyer must ask the seller for a certificate for the product, as well as an information sheet, which will reflect information about the item being purchased.

If you are seriously thinking about buying a knife that belongs to the category of edged weapons, then you need to get a special permit. It can be obtained at the place of residence in the police department.

What documents need to be submitted to the Department of Internal Affairs? To obtain such a document, a person must submit:

When the ATS authorities issue a permit to carry knives, it will be necessary to certify the purchased item in the certification bodies.

When you receive permission to carry a knife, you cannot say that you will use it in self-defense.

A license to carry will not be issued in the following cases:

Answers on questions

Question: What threatens a minor if a cold weapon is found in him?

Answer: It is possible to wear and store edged weapons only from the age of 18. Therefore, if a police officer finds such a weapon in a minor, then his parents will be responsible for his act. However, if the minor is 16 years old and has a job. then the responsibility will be fully assigned to him.

Question: I was presented with an expandable baton, which belongs to melee weapons. Can I be punished for illegal possession? I don't have papers for it...

Answer: If there are no documents for it, then administrative liability may be imposed for carrying a baton. If its action is applied in practice, then criminal liability will be provided.

Question: If I gave a cold weapon to a friend as a gift, can I be punished for this?

Answer: Yes, you can. The transfer of edged weapons is the same as its sale. Such violations are punishable by law.

Question: Is it possible to avoid punishment for the sale of edged weapons?

Answer: Yes, you can, if the person voluntarily surrenders it (according to the note to Article 222 of the Criminal Code of the Russian Federation). Voluntarily - this means the surrender of weapons until the moment when a person can be detained and seized from him or her weapons or before the production of investigative actions to detect edged weapons, their seizure.

Administrative responsibility in 2019 comes with the illegal carrying of edged weapons. Criminal liability may come for the illegal manufacture and sale of edged weapons.

According to the Criminal Code, the guilty person can receive a serious term - up to 4 years of isolation.

That is, the carrying of chopping and stabbing weapons under the legislation of the Russian Federation is not a criminally punishable action, but if it is used in practice, the guilty person may face a real term.

What is a "cold weapon" in terms of the law?

Criminal liability for carrying edged weapons.

What edged weapons can an ordinary citizen acquire? What liability is provided by law for the illegal possession of edged weapons?

Your lawyer advises

Melee weapons are weapons designed to hit a target with the help of a person’s muscular strength in direct contact with the target.

The Law "On Weapons" defines the concept of "cold weapons" as follows: "Cold weapons are weapons designed to hit a target with the help of a person's muscular strength in direct contact with the object of destruction" (Article 1 of the Law "On Weapons").

Melee weapons include sabers, checkers, knives, daggers, Finnish knives, daggers, brass knuckles, stilettos and other items specially designed or adapted to hit a living target. They can be piercing, piercing-cutting, chopping, crushing, etc.

Weapons do not include products certified as household and industrial products (penknives, kitchen knives, shoe knives, garden knives, etc.) that are structurally similar to weapons (Article 1 of the Law "On Weapons").

In a specific case, the issue of recognizing an object as a cold weapon can be resolved with the help of a forensic examination.

What melee weapons are citizens entitled to have

Citizens who have a permit to store and carry hunting firearms have the right to purchase hunting edged bladed weapons (Article 13 of the Law "On Weapons").

When selling this weapon, the seller makes a corresponding entry in the hunting (hunting membership) ticket of a citizen, and the permission to carry this edged weapon is the permission to carry hunting firearms.

Some citizens also have the right to purchase cold bladed weapons designed to be worn with the Cossack uniform, as well as with the national costumes of the peoples of the Russian Federation - these are sabers, checkers, knives and daggers (Article 3 of the Law "On Weapons").

Attributes of national costumes are determined by the Government of the Russian Federation. A license is required for the storage and carrying of such weapons (Article 13 of the Law "On Weapons").

Thus, if you are not a hunter, not a Cossack, and a saber or a dagger is not provided for your national costume, you are not entitled to have and carry any edged weapons.

What melee weapons are prohibited

On the territory of the Russian Federation, the circulation of flails, brass knuckles, shurikens, boomerangs and other items of shock-crushing and throwing action specially adapted for use as weapons is prohibited (Article 6 of the Law "On Weapons").

On the territory of the Russian Federation, circulation as civilian and service weapons is prohibited (Article 6 of the Law "On Weapons"):

cold bladed weapons and knives, blades and blades of which, with a blade and blade length of more than 90 mm:

or are automatically removed from the handle when a button or lever is pressed and fixed by them,
or extended by gravity or accelerated motion and automatically locked.

Responsibility for illegal possession or carrying of edged weapons

Prior to the advent of Federal Law No. 162-FZ of 08.12.2003, the illegal carrying of edged weapons was subject to criminal liability under Art. 222 part 4 of the Criminal Code of the Russian Federation.

Now, for violating the rules for storing or carrying edged weapons, it is only possible to bring to administrative responsibility in accordance with Part 2 of Article 20.8 of the Code of Administrative Offenses of the Russian Federation in the form of a fine in the amount of 500 to 2,000 rubles with or without a paid seizure of weapons.

Compensatory seizure means that the weapon will be seized and sold in the prescribed manner by the internal affairs bodies, and the proceeds, minus the costs of the sale, will be returned former owner weapons.

About wearing cold weapons - new criminal law

Federal Law No. 162-FZ of 08.12.2003 amended the Criminal Code of the Russian Federation, including in relation to crimes related to weapons. Prior to the introduction of these changes, part 4 of article 222 of the Criminal Code of the Russian Federation also provided for criminal liability for the illegal carrying of edged weapons:

"Illegal acquisition, sale or carrying of gas weapons, edged weapons, including throwing weapons, with the exception of those areas where the wearing of edged weapons is an accessory of the national costume or is associated with hunting, is punishable by compulsory labor for a term of one hundred and eighty to two hundred and forty hours, or by corrective labor for a term of one to two years, or by arrest for a term of three to six months, or by deprivation of liberty for a term of up to two years, with a fine in the amount of up to two hundred minimum wages or in the amount of wages or other income of the convicted person for a period of up to two months or without it,

- such part 4 of article 222 of the Criminal Code of the Russian Federation existed before the amendments. Thus, for the illegal possession of edged weapons, one could get up to 2 years.

Now part 4 of article 222 of the Criminal Code of the Russian Federation establishes liability only for illegal sale:

"Illegal sale of gas weapons, edged weapons, including throwing weapons, is punishable by compulsory labor for a term of 180 to 240 hours, or by corrective labor for a term of one to two years, or by arrest for a term of three to six months. or by deprivation of liberty for a term of up to two years, with or without a fine in the amount of up to eighty thousand rubles or in the amount of the wage or other income of the convicted person for a period of up to six months.

So, as before, criminal liability for the illegal carrying of edged weapons is not provided. However, it is provided for its illegal manufacture (part 4 of article 223 of the Criminal Code of the Russian Federation):

"Illegal production of gas weapons, edged weapons, including throwing weapons -

shall be punishable by compulsory labor for a term of 180 to 240 hours, or by corrective labor for a term of one to two years, or by arrest for a term of four to six months, or by deprivation of liberty for a term of up to two years.

Is there any administrative responsibility for carrying knives? In addition, in order to be held liable under this norm, it will be necessary to prove the fact of a violation of the rules for storing edged weapons, which is not seen in this case. When an act is excluded from the criminal law, it usually appears new composition administrative offense. But with regard to the wearing of edged weapons, a similar composition is also absent. The only rule, the provisions of which can in any way be attributed to such actions, is Article 20.8, which provides for administrative liability in case of violations of the rules for storing knives. However, carrying and storing are different actions, so the question of the possibility of bringing under this rule when facts of carrying knives are found is debatable.

What threatens for carrying edged weapons

ImportantBut it is not necessary to fill your head with this information. Just take my word for it - the victim of such a blade will not feel better if the surgeon tells him that they cut and stabbed him with a not very hard bayonet-knife.
But does it mean that its owner is a criminal? Not at all.
Attention Honest sellers sell bayonet-knives, sabers and other machetes together with a certificate of conformity.

InfoAnd the main thing is the expert's conclusion that in terms of design characteristics it is only similar to melee or throwing weapons, but it is not.
The round seal and the specialist's signature are required. And good advice: if you decide to put such a “structurally similar” blade in your pocket and it “rings” when you pass the arched metal detector in the subway, then it would be better for you to have a certificate with you.
This will make it easier to talk to the police.

The law on the carrying of edged weapons

Responsibility for illegal carrying or storage Currently, for violation of the rules for carrying or storing edged weapons, liability is provided with bringing to administrative responsibility.

Before the advent of Law N 162-FZ of 2003, Article 222 of the Criminal Code could have been involved.

A fine is imposed on a citizen with or without compensation for the seizure of weapons.
The proceeds, in addition to the costs incurred, are returned to the former owner. Article 222 of the Criminal Code establishes only liability for illegal sale.
This is imprisonment up to two years, including arrest up to six months, correctional labor.

Wearing knives: general information, punishment

The definition of responsibility in terms of punishment for illegal storage, carrying cold weapons was previously dealt with exclusively by Article 222 of the Criminal Code of the Russian Federation cold steel.

According to it, responsibility is provided for the illegal circulation of weapons.

The permit applies only to regions where the carrying of such items is provided for by the composition of the national costume or hunting actions were punished as follows:

working for the benefit of the state (180-200 labor hours);
working out in correctional institutions (1-2 years);
limited freedom of movement (3 - 6 months);
Stay in prison (about 2 years).

The article for carrying bladed weapons in a new interpretation defines punishment only for illegal trade in the same gas, cold, throwing weapons.

Illegal storage of edged weapons sanction in accordance with the Criminal Code of the Russian Federation

However, there are indications in the regulations that:

Bladed edged weapons can be considered sports and hunting.
Throwing devices stand out as an independent subtype.
Bladed edged weapons can be designed to be worn along with the Cossack uniform, national costumes of the peoples of Russia.
Edged weapons can be accepted by the heads of paramilitary state organizations.
The procedure for admission is established by the Government of Russia.

Other classification In accordance with the method of production, edged weapons are divided into:

Factory.
Carrying edged weapons article of the Criminal Code of the Russian Federation 2017

By design, such products comply with standards and specifications, and also have markings.
Artisanal.

Such weapons are made to certain standards by master gunsmiths.

Pocket knife

But if you are detained when buying a modern combat knife, then both you and the seller will receive suspended sentences.

And under aggravating circumstances - real. How can a layman understand what kind of knife he is buying: legal or prohibited? The Internet, including reputable media portals, is filled with advice. I quote the most common ones: “Melee weapons have a blade length of at least 90 mm, a thickness of 2.4 mm ...” The problem is that self-attribution of weapons with the help of Internet advisers is the easiest and most reliable way to the dock. Bladed weapons are qualified according to 40 criteria, and even licensed experts often differ in their assessments. There is only one way to protect yourself from trouble: buy in stores where, along with the blade, you will be given the mentioned certificate.

Those knives that you are not supposed to have, they simply will not sell you there.

Alshar

Here it is important to understand how exactly these devices differ from other types of similar items. To begin with, let's define what edged weapons are according to the Criminal Code of the Russian Federation. This is a specific thing designed to inflict injury on a chosen target using the strength of the musculature of a human individual.

Among specialists in a narrow direction, there are distinctive characteristics by which cold tools are classified:

diameter and volume of the handle;
blade size.
determination of the quality of the metal.
butt width.

In addition to various types of knives, the category "Cold weapons" includes the following types: sabers, daggers, brass knuckles, stilettos.

The main purpose of all of the above items implies the achievement of the intended goal. With the help of cold weapons, wounds of a different nature are inflicted.

About using a knife / Responsibility for carrying a knife

Responsibility for carrying a knife

Previously, there was criminal liability for carrying edged weapons, but today this article has been excluded from the Criminal Code of the Russian Federation.

Responsibility for carrying edged weapons, its purpose

There remains only responsibility for violating the rules for carrying knives, which is established by part 2 of article 20.8 of the Code of Administrative Offenses of the Russian Federation.

This part sounds as follows: “Violation of the rules for storing, carrying or destroying weapons and cartridges for them by citizens - entails a warning or the imposition of an administrative fine in the amount of five hundred to two thousand rubles with or without compensation for the seizure of weapons and cartridges for them.”

The main problem is that there are no clear rules for carrying knives. There is a ban on carrying knives for self-defense, established by Article 6 of the Law “On Weapons”, and there is an obligation to carry knives (and not a household knife) with documents, this is section XII “Carrying and using weapons” of the Decree of the Government of the Russian Federation of 21.07. 1998 No. 814 "On measures to regulate the circulation of civilian and service weapons and cartridges for them on the territory of the Russian Federation."

The named section states that when carrying a weapon, its owners are required to carry documents proving their identity (passport or service ID, military or hunting ticket, etc.), as well as a license or permission issued by the internal affairs authorities for storage and carrying the weapons they have.

There is also an established opinion, which, however, many police officers adhere to, that you can “correctly” carry a knife:

a) with identity documents and a hunting license;

b) in a backpack or bag.

No, of course, you can try to prove to the police officers that you are just transporting a knife; from one place to another, and for convenience they hung a scabbard with it on a belt under a suit and tie. And there is a high probability that you will be able to prove it - in the district police department, an employee is smarter than an ordinary patrol officer.

In any case, you need to remember the main remarks that you must give to a police officer when presenting claims to them about the “wrong” wearing of a knife.

How normative act forbidden to transport hunting knife in a belt pouch with a hunting license?

If there is no direct ban on such transportation, then it is allowed.

No, I don't carry a knife, and I certainly don't carry one in self-defense. I, in full accordance with the Law "On Weapons", transport it from point A to point B. At the same time, the knife, as expected, is in a case (sheath), and the case itself is in a place that ensures the safety of the knife and excludes access to it by unauthorized persons. this place is a backpack; or a belt, - the law does not define.

Once again, to reinforce: the carrying of knives for self-defense is absolutely (!) Prohibited and can be regarded as a violation of the rules for carrying knives.

Therefore, when meeting with police officers, you transport your hunting knife from point A to point B. And nothing else, even if this is not the case. Even if you have a hunting license with you, where the number of the knife is entered. Even if there is no ticket. Even if you just cut the bandits who attacked you with this knife. C. in any case - transport from point A to point B!
And once again about the responsibility for the improper carrying of edged weapons: the only thing that threatens you is a fine of up to 2,000 rubles and the seizure of a knife with a small amount returned.

Separately, I note that the above cited norms of the law cannot apply to household knives, since they are not a priori edged weapons.

Although, when wearing such knives, the explanations should sound exactly the same: you don’t wear a knife for self-defense, but, for example, you brought pencils to work to sharpen, and now you are carrying (transporting!) Back home.

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