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:
2) things and devices the construction or mechanism whereof is not designed for their use as arms, however they may be used as arms;
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.
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.
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.
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.
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.
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:
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;
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;
Article 4. Arms Classified in Category B
The following arms shall be attributed to Category B:
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;
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;
3) semi-automatic long firearms other than those listed in subparagraphs 4-7 of Article 4 of this Law;
Article 6. Arms Classified in Category D
The following arms shall be attributed to Category D:
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;
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;
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:
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.
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.
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.
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:
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. 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.
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.
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.
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:
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.
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.
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:
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.
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:
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;
5) who has not submitted the documents necessary for acquisition, registration and re-registration of an 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.
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;
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;
Article 19. General Requirements for Economic Commercial Activities Related to Arms and Ammunition
1. Economic commercial activities subject to licensing shall be as follows:
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.
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:
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;
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;
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;
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. The manufacturer of arms and ammunition shall have the right to:
2) design arms and ammunition, their parts for the manufacture of which he has obtained a licence, as well as test them;
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;
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.
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:
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;
3. It shall be prohibited to sell arms in Categories B and C, their 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. 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;
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.
Article 29. Duties of Armourer
The armourer must:
2) issue arms and ammunition, keep accounting of arms and ammunition and fill in necessary 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;
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;
2. The owner of the arms classified in categories A, B and C, their ammunition shall be prohibited from:
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);
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;
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;
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.
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).
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.
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.
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.
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.
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 temporary period of time, bring arms, ammunition into the Republic of Lithuania or to carry out from it only for sporting purposes (competitions, exercises).
9. Individual arms may be transported by persons within the territory of the Republic of Lithuania from one place to another in conformity with the requirements for the transportation of arms and without any permit.
10. The procedure of transportation to, from and within the territory of the Republic of Lithuania and notification of the transportation to foreign states of individual arms classified in categories B, C and D, ammunition for them shall be established by the Government or an institution authorised by it.
Article 38. Collection of Arms, Ammunition, their Parts
1. Persons may collect the following:
1) firearms and ammunitions modified in such a way as to make them impossible for use as arms and ammunition, as well as their parts;
2. Firearms must be modified in such a way so that each main part would become improper to be used according to its function and it would not be possible to restore it. Ammunition must be modified in such a way so as to make them impossible to be fired.
3. Arms, ammunition, their parts may be collected in a museum or in any other suitable premises that conform with the requirements set by the Government or an institution authorised by it.
4. Institutions engaged in criminal expert examination, scientific research may compile the following collections of arms, ammunition, cases and bullets:
5. Institutions of criminal expert examination which have arms with rifled or smooth-bore barrels classified in Categories A, B and C, but which do not carry numbers, must number them by inscribing a number on the arm.
Article 39. Organisation of Exhibitions of Arms, Ammunition, their Parts
Upon having received a permit of a territorial police institution, state institutions, agencies, undertakings, agencies, organisations registered in the Republic of Lithuania or foreign countries, may organise exhibitions of arms classified in Categories B, C and D, ammunition, their parts.
2. Exhibitions of suitable for use arms in Category A, ammunition, their parts, arms accessories may be organised only by entities having a special status.
3. Organisers of exhibitions must ensure the safety of displaying and keeping of arms, ammunition, their parts.
Article 40. Cancellation of Permits to Carry and to Keep Arms and Ammunition
1. Permits to carry and keep arms, ammunition classified in Categories B and C shall be cancelled:
4) upon the revocation of a licence to engage in the activities related to circulation of arms, or upon the expiry of the term of its validity;
5) upon the occurrence of the circumstances referred to in subparagraphs 3, 4, 7 and 9 of paragraph 1 of Article 17 and paragraph 2 of Article 18, except subparagraph 4;
6) when a person uses an arm in violation of requirements of laws, other legal acts and such violation carries a threat to human life, health, public security or public order;
7) when a natural person loses his arm due to the violation of rules of arms and ammunition circulation;
8) if a permit to carry or keep a arm has been obtained because consciously mislead information of forged documents were submitted;
2. A permit to carry or to keep an arm weapon shall be cancelled when a person who has such permit does not extend a permit without valid reasons and neglects a warning from a police institution regarding the matter.
3. A permit of a person to keep an arm he has for the purpose of hunting shall be cancelled upon the loss of the right to hunt.
4. The right of a person to keep an arm he has for the purpose of sports shall be cancelled upon the loss of membership in a shooting sports organisation.
5. The cancellation of a permit to keep or to carry an arm shall come into effect immediately following the adoption of the decision to cancel it regardless of the fact that such decision is disputable.
6. The decision to cancel or to refuse the renewal of the permit to carry or to keep an arm shall be adopted by the head of the police office which issued the permit. Such decision must be reasoned. A person shall have the right to appeal against the decision to the commissar general of the police not later than within 30 days. An unfavourable reply or absence of a reply within 30 days may be appealed against by the person to the court.
CHAPTER TWELVE
SEIZURE, INHERITANCE, GIVING AS A GIFT AND SALE OF ARMS, AMMUNITION AND PARTS THEREOF
Article 41. Seizure of Arms, Ammunition and Parts thereof
1. Police or other state institutions empowered by law may seize arms, ammunition, their parts:
1) when arms, ammunition, parts thereof are manufactured, imported, exported, transported, kept, carried, sold without an appropriate permit or licence, or upon the expiry of the term of its validity;
3) due to violation of the requirements of this Law, when such violation poses a threat to human life, health, public safety or public order;
5) when a person in a manner prescribed by law is charged with a deliberate crime or a preventive measure is imposed on him - pre-trial imprisonment (arrest);
6) when there are sufficient grounds to suspect that a person is ill with diseases or has physical disabilities hindering proper use of an arm, or has health disorders, problems related to alcoholism, drug abuse, state of mind;
7) when it is suspected that an arm, ammunition might be a tool of law violation or crime, or an object of a law violation or crime;
2. An institution or agency which seized arms in the cases provided for in subparagraphs 1-3 of paragraph 1 of this Article and made a decision to sell them, must organise testing of suitability of arms for use.
3. Arms suitable for safe use or mass-produced ammunition shall be sold through the Weaponry Fund or undertakings entitled to sell such type of arms. After deducting expenses related to sale, an arm price shall be paid to the owners within 10 days of the sale of the arms. Arms and ammunition which are not suitable for safe use shall not be accepted for selling and shall be transferred without payment (except those having historical or criminalistic value) to the Weaponry Fund for destruction.
4. The owner of he weapon shall, within 10 days of selling of the weapon, be informed about the sold weapon and he shall be paid a sum of money upon arriving. Suitability for use of an arm transferred to the Weaponry Fund for selling shall be established and value calculated in the manner prescribed by the Government or an institution authorised by it.
5. In the cases laid down in subparagraph 5 of paragraph 1 of this Article, arms and ammunition shall be seized until the annulment in a manner prescribed by law of charges or preventive measures imposed on the person. In the cases specified in subparagraphs 6 and 7 of paragraph 1 of this Article police institutions shall seize arms and ammunition until an appropriate decision is made on the cancellation of a permit or the return of an arm. In the case when arms and ammunition were seized upon the expiry of the period of validity of a permit or a licence, but the period of their validity was extended in a manner prescribed by legal acts, arms and ammunition shall be returned to their owner.
6. If a decision to cancel or to refuse extension of a permit, to cancel a licence shall appealed against in a manner prescribed by law, an arm and ammunition shall be seized temporarily for safekeeping until the adoption of a final decision.
7. In the case of death of the owner of a firearm, the weapon and ammunition for it shall be transferred to the territorial police institution for temporary safekeeping until the issue of inheritance is settled.
Article 42. Arms Classified in Categories B, C and D, Ammunition therefor as Part of Inherited Property or a Gift
1. Arms and ammunition classified in categories B, C and D shall be given as gifts and inherited in a manner prescribed by law.
2. Arms in Categories B and C, their ammunition may in a manner prescribed by this Law be given as a gift to persons who have the right to acquire and possess an arm of an appropriate type.
3. An inheritor who has a certificate of the right of inheritance, shall be entitled to submit an application to a territorial police institution for the issuance in a manner prescribed by this Law of a permit to carry or a permit to keep an arm, a permit to sell or modify it.
4. When the inheritor fails to obtain a permit to carry or a permit to keep an arm, or he refuses to modify an arm, a permit to sell an arm shall be issued to him. It shall be valid no longer than 10 days. An arm and ammunition shall be sold in a manner prescribed by paragraph 3 of Article 41 of this Law. An inheritor must, within 10 days of delivery of an arm for selling, submit to a territorial police institution a certificate that an arm has been delivered to the weaponry Fund or an undertaking which has the right to sell arms of such type. A permit to sell an arm shall grant the right to keep an arm for 10 days and to sell it within the said time limit.
5. Within 10 days of the sale of the inherited weapon the inheritor shall be informed about a sold weapon and he shall be paid an appropriate sum of money upon arrival. Suitability for use of an arm transferred to the Weaponry Fund for selling shall be established and value calculated in the manner prescribed by the Government or an institution authorised by it.
6. If the inheritor fails without valid reasons to approach the territorial police institution within 1 month after the receipt of a certificate of the right of inheritance, for the issuance of a permit to carry or a permit to keep an arm or a permit to sell or modify such weapon, or within 10 days of the receipt of a permit to sell an arm, does not transfer an arm for selling and does not submit to a territorial police institution a certificate indicated in paragraph 4 of this Article proving that the weapon, ammunition have been transferred for selling, the weapon, ammunition are being seized without payment and transferred o the Weaponry Fund for selling.
7. The President of the Republic, the Chairman of the Seimas, the Prime Minister shall have the right to award short firearms in Categories B and C (pistols, revolvers) and sabres, daggers, swords to the persons for services to the State of Lithuania.
8. The heads of foreign states, governments, other official persons may award arms to permanent residents of the Republic of Lithuania.
9. The Minister of National Defence, the Minister of the Interior, the Director General of the Special Investigations Service, the Prosecutor General shall have the right to award arms indicated in paragraph 7 of this Article to officers subordinate to them. The head of the Riflemen's Union, with the consent of the Minister of National Defence, shall have the right to award arms indicated in paragraph 7 of this Article to the members of the Riflemen's Union.
Article 43. Destroying of Arms, Ammunition, their Parts
1. All arms which are unsuitable for use, their parts which are impossible or inexpedient to repair, ammunition unsuitable for use must be destroyed.
2. Persons shall deliver the arms, ammunition, their parts which are in their possession and which they wish to be destroyed to a territorial police institution, and the latter shall, at least once every six months, transfer the arms, ammunition, their parts which have been delivered for destroying, to the Weaponry Fund.
3. The Weaponry Fund shall destroy the arms, ammunition, their parts which have been transferred for destroying, in a manner prescribed by the Weaponry Fund, with the commission set up by the head of the Weaponry Fund attending.
4. Arms, ammunition, their parts must be destroyed in such a way so as to guarantee that they become totally unsuitable for use according to their purpose. Arms, ammunition, their parts must be destroyed in such a way which would not pose a threat to human health and the environment.
5. Entities of a special status, except the Ministry of National Defence, must transfer arms, ammunition, their parts designated to be destroyed, to the Weaponry Fund. The Ministry of National Defence shall destroy arms, ammunition, their parts in accordance with the procedure established by other legal acts.
Article 44. Criminalistic Collection of Cases and Bullets
All acquired short firearms with rifled barrels classified in Categories A, B and C must be tested and collections of the cases and bullets fired from them must be compiled. Procedure for testing of arms, compiling, management and use of collections of cases and bullets shall be established by the Government or an institution authorised by it.
Article 45. Control of the Circulation of Arms and Ammunition
1. The circulation of arms and ammunition in the territory of the Republic of Lithuania shall be controlled by the Ministry of the Interior, the Weaponry Fund as well as by other state institutions, each within the framework of its competence.
2. The public servants authorised to control the circulation of arms and ammunition shall have the right:
3) to give mandatory instructions to legal and natural persons to rectify the drawbacks after having detected them;
Article 46. Exchange of Information with Foreign States regarding the Circulation of Arms, Ammunition
1. An institution which issues a permit (licence) to export (import) firearms, ammunition, their parts must inform any foreign state about an arm, ammunition sold, given as a gift in the territory of the Republic of Lithuania to a subject of the foreign state or taken out from the Republic of Lithuania for good. Such information must be furnished to the foreign state immediately.
2. Institutions of foreign states which control the circulation of arms must, prior to bringing of an arm into those states, be provided with data on the person who has sold the weapon and on the person who has acquired it, as well as the data on a firearm, ammunition:
3. Information about import, export, transit, bringing into or taking out from the Republic of Lithuania of firearms and ammunition, destroying thereof shall be furnished on the basis of international agreements of the Republic of Lithuania in a manner prescribed by legal acts of the Republic of Lithuania.
Article 47. Liability for Violations of the Circulation of Arms and Ammunition
Persons who violate the procedure of the circulation of arms and ammunition and control thereof shall be liable under laws.
Article 48. Application of International Agreements
If requirements other than those laid down in this Law are set forth in an international agreement to which the Republic of Lithuania is a party, the provisions of the international agreement shall apply.
Article 49. Coming into Force of the Law
1. The Law shall come into force on 1 July 2003, except subparagraphs 6 and 7 of paragraph 5 of Article 22, subparagraph 2 of paragraph 3 of Article 23, subparagraphs 6 and 7 of Article 23, Article 36, paragraph 2 of Article 37 and Article 51.
2. Subparagraphs 6 and 7 of paragraph 5 of Article 22, subparagraph 2 of paragraph 3 of Article 23, subparagraphs 6 and 7 of Article 23, Article 36, paragraph 2 of Article 37 shall come into force upon the accession of the Republic of Lithuania to the European Union. Until then general requirements for foreigners laid down in this Law shall apply to permanent residents of the Member States of the European Union.
3. Upon coming into force of this Law, authorised arms given to persons shall come into possession of the persons to whom they were given.
4. Restrictions regarding the right to possess arms specified in paragraph 1 of Article 17 of this Law which are stricter than those laid down in paragraph 8 of Article 19 of the Law on the Control of Arms and Ammunition which was effective prior to coming into force of this Law, shall not apply to persons who have acquired the arms prior to coming into force of this Law, provided that the circumstances due to which restrictions may be applied, appeared before coming into force of this Law.
Article 50. Laws Held to be Invalid
Upon coming into force of this Law, the following laws shall become invalid:
2) the Law on the Amendment of Articles 7, 9, 23, 31 and 38 of the Law on the Control of Arms and Ammunition;
4) the Law on the Amendment of Articles 7, 9, 23 and 31 of the Law on the Control of Arms and Ammunition;
Article 51. Proposals to the Government
To propose to the Government:
1) to prepare and submit to the Seimas drafts of laws amending the laws related to the enforcement of this Law by 31 December 2002;