REPUBLIC OF LITHUANIA
LAW ON CONTROL of Weapons and Ammunition
15 January 2002 No IX-705
Vilnius
(As last amended on 4 December 2007 – No X-1348)
CHAPTER ONE
GENERAL PROVISIONS
Article 1. Objective and Purpose of the Law
1. The objective of this Law - to regulate the circulation of weapons 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 weapons and ammunition into categories, to consolidate the legal basis of the circulation of weapons and ammunition and the control thereof, as well as to establish the rights and duties of entities whose activities are related with weapons 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 weapons, however, they may be used as weapons;
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 weapons 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 weapons by the entities having a special status shall be effective with respect to the said activities, except for the cases specified in this Law.
7. The provisions of this Law have been harmonized with the legal act of the European Union specified in the Annex to this Law.
Article 2. Definitions
1. Weapon means a device or a thing developed or made suitable for destruction of, causing harm to or other impact on live or other objects, targets.
2. Firearm means a device or a thing designed or suited as a weapon from which, by force of pressure of combustion products of explosive agents, bullets, projectiles or harmful to health, irritant agents may be launched to affect a target from a distance mechanically, thermally, chemically or otherwise, or a sound or light signal may be made. Essential components of firearms shall also be regarded as firearms under this Law.
3. Automatic firearm means a firearm which reloads automatically each time a round is fired and can fire more than one round 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 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 several barrels and no magazine, which is loaded before each shot by the manual insertion of a round into the chamber or a loading mechanism.
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 weapon means a non-fire weapon that may eject harmful, irritant agents or the charge thereof. Gas pistols (revolver) shall be ascribed to firearms.
10. Archery weapon means a non-fire weapon the force of a projectile of which is provided by a resilient element, using the power of human muscles or mechanical devices.
11. Signal weapon means a firearm designed for making a sound or light signal by means of a signal pyrotechnic gear or signal ammunition.
12. Pneumatic weapon means a non-fire weapon a direct motion of a bullet or another projectile launched from it starts because of the power of compressed air or another gas.
13. Antique firearm means a firearm a model of which was designed before 1870 and which may not be loaded with rounds intended for weapons prohibited in civil circulation or for weapons for which an authorization is required in order to hold or carry them.
14. Essential components of a weapon means a barrel, a cylinder, a breechblock (lock), a breechblock (lock) carrier, a pistol (revolver) frame and semi-manufactured products thereof, as well as an adapter inserted into the barrel of a firearm (a barrel of a smaller calibre).
15. A weapon completely unfit for use means a weapon which is converted or affected in such a manner that all its essential components 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. Non-fire weapon means a device or a thing designed or made suitable to be used as a weapon to affect a target without using the force of pressure of combustion products of explosive agents.
19. Cartridge means ammunition that consists of a case with a primer, throw charge, and a projectile.
20. Projectile means part of ammunition (a 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 when penetrating a target suddenly becomes deformed.
22. Collection of weapons, ammunition, cases or bullets means a set of weapons, ammunition, their components bearing historical, cultural, criminalistic or other educational value.
23. European firearms pass means a document certifying that a firearm is possessed by a person holding the pass and granting the right to bring the said weapon and the ammunition for it into the Member States of the European Union.
24. License means an official document issued by a state institution granting the right to engage in the activities specified in the license, complying with the set conditions.
25. Permit to acquire weapons and ammunition means a document certifying that a legal or natural person may acquire the weapons and/or ammunition indicated in the permit.
26. Permit to carry weapons means a document certifying that a natural person has the right to hold and carry the weapons indicated in the document.
27. Permit to hold weapons means a document certifying that a legal or natural person has the right to hold the weapons indicated in the document.
28. Circulation of weapons or ammunition means manufacture, repair, sale, transfer, acquisition, gratuitous transfer, holding, storing, transporting, carrying, use, seizure, realization, destruction, export (bringing out of the territory of the Republic of Lithuania), import (bringing into the territory of the Republic of Lithuania) of weapons or ammunition, as well as other actions regulated by this Law.
29. Civil circulation of weapons or ammunition means circulation of weapons or ammunition carried out by natural and legal persons except for the entities having a special status.
30. Entities having a special status means the Special Investigation Service, the Ministry of the Interior, the Ministry of National Defence, statutory agencies of the interior, the Department of State Security, the Prosecutor General's Office, the Weaponry Fund under the Government of the Republic of Lithuania (hereinafter referred to as the ‘’Weaponry Fund’’), the Prisons Department under the Ministry of Justice, the Riflemen's Union, their divisions and subordinate institutions, as well as the Customs of the Republic of Lithuania.
31. Supervisory person means a natural person who, being a shareholder (holder of member share, member) of a legal person registered in the Republic of Lithuania, 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 legal person registered in the Republic of Lithuania or its branch.
32. Armourer means a person, appointed by decision of the head of the administration of a legal person registered in the Republic of Lithuania, or any other person authorised by the said legal person, who is responsible for the transportation, receiving, holding, delivery and accounting of the weapons, ammunition of the legal person registered in the Republic of Lithuania or its branch.
33. Weapon user means a natural person who has the right to carry or hold a weapon of a certain category, to whom a weapon owner grants the right to use his arm.
37. Manufacture of weapons, their essential components, accessories and ammunition means manufacturing of weapons, their essential components, accessories, ammunition, as well as assembling together the said parts into a single unit.
39. Conversion of a weapon and ammunition means changing of qualitative characteristics of a weapon and ammunition.
40. Carrying of a weapon and ammunition means having a weapon and ammunition on a person in such a way which makes the immediate use of the weapon possible.
41. Holding of a weapon and/or ammunition means possession of a weapon, ammunition (its actual holding at one’s disposal) in a natural person's residential place or in legal person's premises or other places having clearly defined boundaries.
42. Transportation of a weapon and ammunition means transporting (moving, carrying) of a weapon from the place where it is kept to certain premises or locality under such conditions which ensure that it will not be possible to use it immediately (the weapon is not loaded, it is in its holster or in any other appropriate container, the ammunition is taken out of the magazine, cylinder and barrel).
43. Possession of a weapon, ammunition means holding, carrying, storing and use of a weapon and ammunition.
44. Permit to transport weapons, ammunition, their components means a document which entitles to transport weapons, ammunition, their components from a Member State of the European Union to a Member State of the European Union.
45. Prior consent for importation of weapons, ammunition, their components means a document by which a competent authority of a Member State of the European Union confirms that it does not object to bringing the weapons, their components, ammunition indicated in the said document into the territory of this state.
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 weapons, their accessories and ammunition means attributing under this Law weapons, their accessories and ammunition to one of the categories (A, B, C or D) according to a degree of their dangerousness. Weapons, their accessories and ammunition classified in Category A are the most dangerous ones; weapons and ammunition in Category D are the least dangerous ones.
49. Blank weapon means a non-fire weapon that by the power of human muscles may be used to destroy or otherwise inflict a mechanical impact (stab, cut, strike, hit, crush) on a target from a distance or in direct contact. Farming or household tools shall not be considered blank weapons.
50. Professional activities means activities of a natural or legal person for which this person receives income and in order to perform which the said person has to carry (use) weapons in accordance with the procedure laid down by the law.
52. Military device means any tools, instruments, appliances intended to ensure operation of military equipment and its successful use.
53. Blank ammunition means ammunition without a projectile (consisting of a cartridge case, primer, powder charge and a cork or without a cork) intended to imitate a shot from a firearm.
54. Electroshock weapon means a non-fire weapon designed or adapted to affect a target with electric current through direct contact or from a distance.
55. Night sight means a device, which is fixed on the weapon and designated for pointing the weapon to a target. By using electronics, the sight enhances the visibility of a dim lit or unlit target.
Article 3. Weapons Classified in Category A, Ammunition, Weapon Accessories
The following weapons, devices, objects, ammunition, weapon accessories shall be classified in Category A:
4) ammunition with penetrating, explosive or incendiary projectiles and the projectiles for such ammunition, as well as their launchers;
5) pistol and revolver ammunition with expanding bullets and the bullets for such ammunition, except in the case of weapons for hunting or for target shooting, for persons entitled to use them;
9) all types of bombs, torpedoes, mines, their loaded shells and unloaded projectiles, and their launchers;
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) weapons 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 inflicting damage on it;
Article 4. Weapons Classified in Category B
The following weapons shall be classified in 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. Weapons Classified in Category C
The following arms shall be classified in 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. Weapons Classified in Category D
1. The following arms shall be classified in Category D:
5) firearms which meet the criteria of other Categories, however, which are not classified in those Categories because of their small fighting power and the kinetic energy of projectiles whereof is from 2.5 J to 7.5 J;
2. The same requirements shall apply to the circulation of single-shot long forearms with smooth-bore barrels specified in subparagraph 1 of paragraph 1 of this Article and the circulation of long firearms classified in Category C, although single-shot long firearms with smooth-bore barrels are not mentioned in individual Articles of this Law, and the Articles of the Law, regulating the circulation of weapons classified in Category D shall not apply to single-shot long forearms with smooth-bore barrels.
Article 7. Prohibited Weapons and Ammunition
1. All weapons, weapon accessories and ammunition which are prohibited by international agreements of the Republic of Lithuania shall be prohibited in the Republic of Lithuania.
2. Firearms with rifled and smooth-bore barrels of Categories A, B and C which do not possess identification numbers shall be prohibited in the Republic of Lithuania. Such weapons may be possessed only by institutions of criminal expert examination, as well as the weapons converted in the manner established by Article 38 of this Law - by persons collecting them.
3. In civil circulation the following shall be prohibited:
1) weapons classified in Category A, weapon accessories and ammunition designated only for weapons classified in Category A, except when used by the Bank of Lithuania, legal persons registered in the Republic of Lithuania which manufacture weapons classified in Category A, weapon accessories, ammunition designated for the weapons classified in Category A, their components, state institutions of criminal expert examination, state museums and research institutions which research and design weapons classified in Category A, ammunition, their components and accessories;
4. Blank prickly, cutting, side-opening or out-the-front switchblades shall be prohibited in civil circulation if they meet at least one of the following criteria:
5. 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 weapons 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 Weapons Register
1. The State Weapons Register shall be an official set of data on weapons registered in the Republic of Lithuania, their owners or managers. Data on weapons which have been imported, exported, brought into the territory of the Republic of Lithuania and brought out of the territory of the Republic of Lithuania, as well as destroyed weapons shall be compiled in the State Weapons Register.
Article 9. Departmental Weapons Registers and Accounting of Weapons in the Civil Circulation
1. A departmental weapons register shall be a set of data on weapons possessed by an entity having a special status. Entities having a special status must keep their departmental weapons registers. Such entities must, in a manner prescribed by the Government, furnish the data of departmental weapons registers to the manager of the State Weapons Register.
2. Weapons which are in the civil circulation shall be registered, accounting of such weapons, their owners and managers shall be kept by police institutions. Data on weapons 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 Weapons Register by an institution authorised by the Minister of the Interior.
Article 10. Holders of the right of ownership of weapons and ammunition
The holders of the right of ownership of weapons 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 Holder’s Right to Acquire and Possess Weapons and Ammunition
1. Permanent residents of the Republic of Lithuania and legal persons registered in the Republic of Lithuania may acquire and keep weapons, 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 weapons which they are entitled to possess.
3. A person who is subject to the restrictions laid down in subparagraphs 3 and 4 of paragraph 1 of Article 17 and paragraph 2 of Article 18 of this Law may not be an employee of the legal person, registered in the Republic of Lithuania, who wishes to acquire and possess weapons, ammunition, where such employee is directly related to the acquisition, holding, accounting of weapons, ammunition; such a person may not also be an armourer of the said legal person. A person who is subject to the restrictions laid down in paragraph 2 of Article 18 of this Law may not be head of the administration of the legal person, registered in the Republic of Lithuania, who is referred to in this paragraph.
Article 12. General Requirements for Issuing Permits
1. Police institutions shall issue permits to acquire weapons classified in Categories A, B and C to natural persons, legal persons registered in the Republic of Lithuania (except entities having a special status, state institutions of criminal expert examination).
2. Permits to acquire weapons classified in Categories A, B and C shall be issued to:
2) legal persons, registered in the Republic of Lithuania, who have obtained the licenses specified in subparagraphs 1, 5 and 6 of paragraph 1 of Article 19 of this Law, and who have the right to acquire weapons classified in such Categories;
3. Upon the receipt of applications for the acquisition of weapons, police institutions shall carry out checks with the view of establishing whether the persons who apply for permits to acquire weapons are not subject to the restrictions established by this Law. 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 weapons or permits to hold weapons shall be issued permits for new weapons 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 to acquire a weapon. An applicant who has not received a satisfying reply or who has not received any reply, may appeal to the court against the refusal to issue a permit to acquire a weapon.
6. A permit to acquire a weapon shall be valid for a period of six months from the day of its issuance. In case of failure to acquire a weapon, it shall be possible to apply, in accordance with the general procedure, to a police institution for another permit to acquire a weapon.
8. Natural persons may acquire and keep at the same time not more than 500 cartridges of each type (calibre) for the weapons they possess. Natural persons who possess weapons for sporting purposes may acquire and keep at the same time an unlimited number of 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 or an institution authorised by it.
10. Permits to acquire weapons classified 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 weapons must be registered at police institutions not later than within 10 days of the acquisition thereof. Upon the registration of the weapons, a permit to carry weapons or a permit to hold them shall be issued. A single permit to carry (hold) weapons may be issued to natural persons. The said permit shall indicate which weapons a person may carry and which he may hold.
11. The procedure regulating the acquisition of weapons classified in Categories A, B and C, their registration, re-registration for 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, Legal Persons Registered in the Republic of Lithuania in Order to Acquire and Possess Arms and Ammunition of Certain Categories or Types
1. Operable weapons classified in Category A, their accessories, ammunition may be acquired and possessed only by entities of a special status, state institutions of criminal expert examination, as well as legal persons registered in the Republic of Lithuania who engage in manufacturing of weapons classified in Category A, their accessories, ammunition designated for the weapons classified in Category A, their components, research institutions who engage in research and designing of the weapons classified in Category A, ammunition, their components and accessories, the Bank of Lithuania. The procedure of acquisition and circulation of weapons classified in Categories A, B, C and D, ammunition, their components, weapon accessories by entities having a special status, state institutions of criminal expert examination shall be laid down by other legal acts. Weapons classified in Categories A, B, C and D, ammunition, their components, weapon accessories may be acquired by the entities of a special status, state institutions of criminal expert examination without permits.
2. Long firearms with rifled barrels classified in Categories B and C, and cartridges for them 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 weapons, upon having obtained a permit.
3. Long firearms with smooth-bore barrels, pneumatic weapons, archery weapons classified in Categories B and C, their ammunition 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 weapons, upon having obtained a permit.
4. Weapons classified in Categories B and C, and their ammunition 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, 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, cartridges for them 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. Weapons classified in Categories B and C, their cartridges for the purpose of professional activities may be acquired and possessed by natural persons and legal persons registered in the Republic of Lithuania, upon having obtained a permit. The said weapons 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. Automatic firearms, ammunition for them may, upon having obtained a permit, be acquired and possessed by the Bank of Lithuania; the said weapons may, in the course of official duties, be carried by employees of the Bank of Lithuania - permanent residents of the Republic of Lithuania who are at least 21 years of age, upon having passed an examination and obtained a permit.
*8. In order to build up a collection, weapons classified in Categories B and C and ammunition for them, converted in a manner that would render them unfit for use, 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, as well as by legal persons registered in the Republic of Lithuania, upon having obtained a permit. In order to build up a collection weapons classified in Category A may be acquired by institutions which have the right to acquire operable weapons in Category A. Having been issued a permit, state museums may acquire weapons of all categories and must, not later than within 30 days, convert them in a manner that would render them unfit for use. Such conversion of weapons when their restoration is possible only by replacing proper components with new ones shall be considered to be conversion of weapons into weapons unfit for use.
9. Upon having obtained a permit, legal persons registered in the Republic of Lithuania may, in order to carry out scientific research, to test weapons, their accessories, ammunition or components thereof made by themselves, acquire and possess weapons classified in Categories A, B and C.
10. Weapons 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 weapons 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, an intermediation document from the sports organisation and a valid membership certificate of such organisation. Such weapons shall not be subject to registration.
11. Laser sights of firearms may be acquired, possessed and used by persons who have a firearm for the purpose shooting sports.
12. Weapons classified in Categories B and C, their cartridges for the purpose of training may be acquired and possessed by legal persons registered in the Republic of Lithuania, upon having obtained a permit.
13. Firearms of all categories may, upon having been granted a permit, be acquired and possessed by theatres and other legal persons registered in the Republic of Lithuania, which engage in creation of theatrical performances or production of films, or creation of television programmes. They must, not later than within 30 days, convert firearms in such a manner that it would be possible to fire only blank cartridges. Converted firearms may be used only during a performance or filming. The procedure for converting or using weapons shall be laid down by the Government or an institution authorised by it.
14. War history clubs which possess antique firearms may acquire ammunition for them only upon having obtained a permit. It shall be allowed to fire antique firearms during mass events only after organizers of the event coordinate this with an appropriate municipality and do not use projectiles (only creating sound and light effects).
Article 14. The Right of a Foreigner to Acquire and Possess Weapons and Ammunition
1. Accredited or residing diplomatic, administrative technical and service staff of foreign diplomatic missions, consular posts and international organisations, their family members, as well as other foreigners who are entitled to the appropriate privileges under international agreements, may acquire and possess weapons, 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 undertake that the acquired weapons 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 the weapons classified in Categories B and C, and ammunition for them.
3. Foreigners specified in paragraph 2 of this Article, who wish to acquire in the Republic of Lithuania the weapons classified in Categories B and C, must present a prior consent concerning import of weapons and/or ammunition, issued by the competent authorities of the state whose citizens they are or in which they permanently reside, or any other document confirming the right to bring weapons, ammunition into a foreign state, and obtain a permit in accordance with the procedure established by legal acts of the Republic of Lithuania.
Article 15. Requirements for Acquisition of Weapons by Foreigners
1. The foreigners specified in paragraph 1 of Article 14 of this Law shall acquire weapons and ammunition in the Republic of Lithuania, hold them, bring into the territory of the Republic of Lithuania, bring out of the territory of the Republic of Lithuania in accordance with the procedure laid down by the Government or an institution authorised by the Government.
Article 16. User of a Weapon and Ammunition
1. A natural person may transfer for permanent use a weapon classified in Categories B or C which is in his possession only to his family member who lives with him and who has the right to hold or to carry a weapon of the same Category. A family member living together may hold or carry a weapon only upon having obtained a permit in a prescribed manner.
2. A natural person may, in his presence, hand over for temporary use a weapon classified in Categories B or C, which is in his possession, to another person who has the right to hold and carry an arm in the same Category during:
3. A legal person registered in the Republic of Lithuania may transfer for permanent use the weapons in Categories B and C, ammunition for them, which are in his possession, to an employee of the legal person who has the right to hold and carry a weapon of the same Category.
4. A legal person registered in the Republic of Lithuania and a natural person may hand over for temporary use the weapons classified in Categories B and C, and ammunition for them, which are in his possession, to natural persons during sports event, sports exercise, training and under the supervision of a coach or another person responsible for safe shooting.
Article 17. Restrictions of the Right to Acquire and Possess Weapons and Ammunition
1. Weapons classified in Categories B and C, ammunition for them may not be acquired and possessed by a natural person:
3) who is ill with certain diseases or has physical handicaps hindering him from handling the weapon properly;
4) whose name is entered in 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;
6) who has failed to submit the documents necessary for acquisition, registration and re-registration of a weapon, or who has submitted a knowingly inaccurate information or falsified documents;
9) to whom a permit to hold or carry a weapon has been revoked because of the loss of the weapon, and less than three years have passed since the revocation;
10) who is living with the persons who meet the provisions of subparagraphs 1-12 of paragraph 2 of Article 18 of this Law. This subparagraph shall not apply if the person who wishes to acquire a weapon or who already possesses it, undertakes to hold it or already holds it not in his place of residence, but in other places made fit for that purpose.
2. The Ministry of Health shall set a list of diseases and physical disabilities because of which a person may not acquire or possess a weapon.
3. Other legal acts shall lay down the requirements for health condition and passing of an examination by officers of the entities having a special status, except the officers of the Riflemen's Union and the Weaponry Fund.
Article 18. Persons of sufficiently good repute:
1. Under this Law, a person of sufficiently good repute shall be a person to whom the provisions of paragraph 2 of this Article do not apply.
2. A person shall not be regarded as a person of sufficiently good repute if:
1) he has been convicted for an intentional 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 negligent crime which he committed under the influence of alcohol or being intoxicated with narcotic, psychotropic or other intoxicating substances, or for a intentional crime (except the crime indicated in subparagraph 1 of this paragraph) and less than 3 years have passed from the expiry or annulment of his conviction;
3) has been convicted of a negligent crime (except the crime indicated in subparagraph 2 of this paragraph), if the conviction has not expired or been annulled;
4) during the last three years by the court’s decision he has been released from criminal liability for a committed crime on bail or upon reconciliation with the victim, or on the basis of mitigating circumstances;
6) during the recent year by the court’s decision he has been released from criminal liability for a committed misdemeanour on bail or upon reconciliation with the victim, or on the basis of mitigating circumstances;
7) he is, in accordance with the procedure laid down by the law, suspected or accused of having committed a criminal act;
8) his name has been entered in the operative register or court injunctions are issued to him in a manner prescribed by the Law on Organised Crime Prevention;
9) 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;
10) he has been during the last three years punished at least twice for gross violation of the requirements of the legal acts regulating hunting;
11) he has during the last three years committed at least two administrative law violations under the influence of alcohol, being intoxicated with narcotic, psychotropic or other intoxicating substances;
Article 19. General Requirements for Economic Commercial Activities Related to Weapons and Ammunition
1. Economic commercial activities subject to licensing shall be as follows:
1) manufacture of weapons, accessories of weapons classified in Category A, ammunition, their components;
2. A licence to engage in the activities indicated in paragraph 1 of this Article may be issued to legal persons registered in the Republic of Lithuania 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 licensing institution. An applicant who has not received a satisfying reply or who has not received any reply, may appeal against the refusal to issue a licence to the court.
Article 20. Restrictions of the Right to Carry out Work Related to the Activities Subject to Licensing
A person to whom the provisions of subparagraphs 3 and 4 of paragraph 1 of Article 17 and paragraph 2 of Article 18 of this Law apply may not be an employee of a legal person registered in the Republic of Lithuania and carrying out activities subject to licensing, where such an employee is directly related to the acquisition, holding, repair, conversion, testing, accounting, sale of weapons and ammunition; he may not be an armourer of the said legal person, as well.
Article 21. General Duties of Licence Holders
1. A licence holder shall be responsible for meeting the requirements laid down in Chapter Six of this Law.
2. A licence holder 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 licensing institution or an institution authorised by it a report of an established form on economic commercial activities related to weapons, ammunition, their components;
3) upon the change in the type of activities of the legal person registered in the Republic of Lithuania or other conditions indicated in the documents submitted for the issuance of a licence, inform the licensing institution about this not later than within 10 working days;
5) upon the request of supervising institutions, furnish information about the employees carrying out work related to weapons and ammunition, as well as their personal data;
6) create conditions for employees of supervising state institutions to check the activities of a legal person registered in the Republic of Lithuania, related to the activities subject to licensing;
7) manufacture, store, hold, sell, repair, convert, use weapons 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 a weapon, his name is not entered in 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 accounting records and other documents concerning weapons, ammunition, their components, weapon accessories at least 10 years of the last inscription therein, regardless of the fact whether a legal person registered in the Republic of Lithuania engages in the activities subject to licensing or not (upon the liquidation of a legal person registered in the Republic of Lithuania, the accounting documents shall be transferred to the licensing institution or an institution authorised by it);
10) in accordance with the procedure laid down by the Government or an institution authorised by it, mark firearms classified in Categories B and C, and single-shot long firearms with smooth-bore barrels classified in Category D, brought into the Republic of Lithuania, unless they have been already marked in a prescribed manner;
3. A licence holder 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 brokers who have a certificate of registration of a weapons broker, issued in a manner prescribed by this Law;
Article 22. Manufacture of weapons, their essential components and ammunition
1. A licence to engage in manufacture of weapons, accessories of weapons classified in Category A, ammunition, their components shall be issued by the Weaponry Fund in accordance with the procedure laid down by the Government.
2. Weapons classified in Category A, their ammunition, accessories of weapons classified in Category A may be manufactured only upon co-ordination with the Weaponry Fund.
3. All legal persons registered in the Republic of Lithuania, manufacturing weapons, ammunition must ensure the safety and control of production, and the quality of products. A manufactured weapon and ammunition must correspond to the parameters specified in technical documents.
4. A manufacturer of weapons, ammunition, their components must:
1) in a manner prescribed by legal acts, test manufactured weapons or ammunition and ensure that they meet the requirements of normative documents;
3) indicate on the manufactured weapons, their essential components and accessories the manufacturing country, name of the manufacturer, the year and number of the manufacturing;
4) properly store raw materials and materials used in manufacture, unfinished and made production, ensure their safety and harmlessness to human health and the environment;
5. The manufacturer of weapons and ammunition shall have the right to:
2) design weapons and ammunition, their components for the manufacture of which he has obtained a licence, as well as test them;
Article 23. Export (bringing out of the country), Import (bringing into the country) and Transit of Weapons, Weapon Accessories, Ammunition or Their Components
1. The Weaponry Fund shall have the right to import (bring into the country), export (bring out of the country) weapons of all categories, ammunition for them and weapon accessories, components of weapons and ammunition. The Ministry of National Defence shall have the right to import (bring into the country) weapons of all categories designated for the army, as well as their ammunition, components of weapons and ammunition, weapon accessories.
2. Weapons in Category A, ammunition, their components, accessories of weapons classified in Category A shall be imported (brought into the country), exported (brought out of the country), transported in transit in a manner prescribed by other legal acts. The Ministry of National Defence and the Weaponry Fund shall import (bring into the country) weapons classified in Categories B, C and D, ammunition for them, their components and weapon accessories in a manner prescribed by other legal acts.
3. A legal person registered in the Republic of Lithuania, who wishes to import, export weapons classified in Categories B, C and D, ammunition for them, their components and weapon accessories (except short firearms classified in Categories B and C, their components, accessories of weapons classified in Category A which may be imported (brought into the country) only by the Weaponry Fund and the Ministry of National Defence), 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 weapons, ammunition, their components and weapon accessories shall grant to a legal person registered in the Republic of Lithuania the right to:
4. The importer, exporter, economic entity of a foreign country (only for transporting in transit) who wishes to import, export or transport in transit through the territory of the Republic of Lithuania the weapons in Categories B, C and D, ammunition for them, their components, must obtain a onetime permit for each consignment of the said weapon, ammunition, their components. 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 lay down the procedure regulating the export (bringing out of the country), import (bringing into the country), transporting in transit of weapons in Categories B, C and D, ammunition for them, their components.
6. A legal person registered in the Republic of Lithuania which wishes to bring weapons, ammunition, their components out of the Republic of Lithuania into a Member State of the European Union, must obtain a permit to transport weapons, ammunition, their components from the Police Department under the Ministry of the Interior. This permit shall be valid for a maximum period of three years. The Police Department under the Ministry of the Interior shall issue a permit to transport weapons, ammunition, their components only upon getting prior agreement of a Member State of the European Union permitting to bring the weapons, ammunition, their components into the Member State of the European Union.
7. A legal person registered in the Republic of Lithuania which wishes to bring weapons, ammunition, their components out of a Member State of the European Union into the Republic of Lithuania, must obtain a prior permit from the Police Department under the Ministry of the Interior to bring the weapons, ammunition, their components into the territory of the Republic of Lithuania. This permit shall be valid for a maximum period of three years.
Article 24. Trade in Weapons and Ammunition
1. Only the Weaponry Fund shall have the right to trade in the Republic of Lithuania in short firearms in classified Categories B and C, ammunition for them, their parts, weapons classified in Category A, ammunition for them, their parts, and accessories for weapons classified in Category A. The Weaponry Fund and legal persons registered in the Republic of Lithuania, having the licence to trade in arms, ammunition, their parts and weapon accessories in the civil circulation, shall have the right to trade in other weapons classified in Categories B, C and D, ammunition for them, their parts, weapon accessories. A licence to trade in the civil circulation 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 weapons and ammunition must:
1) have documents of weapons, weapon accessories, and ammunition offered for sale, which contain technical data;
3) when a buyer acquires ammunition for weapons classified in Categories B and C, demand from him to produce a permit to carry, a permit to hold a weapon or a permit to acquire ammunition;
4) ensure accounting of weapons, weapon accessories and ammunition which are being acquired and sold, preserve acquisition and accounting documents;
5) record in a register of an established form the buyers of weapons of all categories, weapon accessories and ammunition (with the exception of weapons classified in Category D, gas aerosol devices), powder, primers and cases with primers;
6) submit to a territorial police institution once in every six months information about all weapons, weapon accessories 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 hold a weapon, about a weapon accepted to be sold on commission, and about such sale;
8) in a manner prescribed by the Government or an institution authorised by it, submit to the Police Department under the Ministry of the Interior for the collection of cases and bullets the cases and bullets fired from short firearms with rifled barrels classified in Categories B and C which are being sold.
3. It shall be prohibited to sell:
1) weapons classified in Categories B and C to natural persons and legal persons registered in the Republic of Lithuania, who have failed to produce a permit to acquire weapons;
2) ammunition and weapon accessories of weapons classified in Categories B and C to natural persons and legal persons registered in the Republic of Lithuania, who have failed to produce a permit to acquire weapons or ammunition, or a permit to hold weapons, or a permit to carry weapons;
3) firearms with smooth-bore barrels and rifled barrels which do not have the identification number, as well as weapons and ammunition without a necessary mark;
4. The following shall have the right to acquire without a permit:
1) weapons, ammunition, their components, weapon accessories – entities having a special status, state institutions of criminal expert examination, as well as legal persons registered in the Republic of Lithuania, having a licence to engage in the activities specified in subparagraphs 1-3 of paragraph 1 of Article 19 of this Law;
2) components of weapons – 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 Brokering Activities in the Sphere of Trade in Weapons, Ammunition, Their Components, Weapon Accessories
1. Manufacturers, importers, exporters, traders or buyers of weapons, ammunition, their components, weapon accessories shall have the right to conclude contracts for the acquisition, import, export of weapons, ammunition, their components, weapon accessories through brokers.
2. Natural persons and legal persons registered in the Republic of Lithuania may be brokers. Brokers must conclude with clients written contracts for the representation of the interests of a manufacturer, importer, exporter, trader or buyer.
3. Brokers 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 subparagraphs 3 and 4 of paragraph 1 of Article 17 and paragraph 2 of Article 18 of this Law apply may not be an employee of a legal person who is registered in the Republic of Lithuania and engages in brokering activities, where such an employee is directly related to the acquisition, bringing into the country (import), bringing out of the country (export), holding, accounting, sale of weapons, ammunition, their components, weapon accessories; such a person may not be a broker (when a broker is a natural person) of the said legal person, as well. A person who is subject to the provisions laid down in paragraph 2 of Article 18 of this Law may not be head of the administration of the legal person which is registered in the Republic of Lithuania and engages in brokering activities. A legal person registered in the Republic of Lithuania whose supervisory person is subject to the restrictions laid down in paragraph 2 of Article 18 of this Law may not engage in brokering activities.
5. A broker who, under a written contract, represents the interests of a manufacturer, importer, exporter, trader or buyer of weapons, ammunition, their components, weapon accessories, shall have the right:
1) in his own name or on behalf of those he represents, to acquire, bring into the territory of the Republic of Lithuania (import) or bring out of the territory of the Republic of Lithuania (export) weapons, ammunition for them, their components, weapon accessories;
2) to sell weapons, ammunition, their components, weapon accessories to manufacturers, importers, exporters, traders or buyers of weapons, ammunition, their components, weapon accessories, whose interests he represents under a written contract;
3) to act as a broker for foreign manufacturers, importers, exporters, traders or buyers of weapons, ammunition, their components, weapon accessories (only after obtaining in a manner prescribed by the Government a consent of the Police Department under the Ministry of the Interior regarding the transfer of each consignment of weapons, ammunition, their components, weapon accessories).
6. The broker must:
1) ensure accounting, holding, and protection of weapons, ammunition, their components, weapon accessories;
2) before the 15th of January of each year submit to the Police Department under the Ministry of the Interior a report on economic commercial activities related to brokering activities; the form of a report shall be established by the Police Department under the Ministry of the Interior;
3) upon the change in the type of activities or other conditions indicated in the documents submitted when registering in the Police Department under the Ministry of the Interior, inform the Police Department under the Ministry of the Interior about this not later than within 10 working days;
4) upon the request of supervising state institutions, furnish information about the employees carrying out work related to acquisition, bringing into the country (import), bringing out of the country (export), holding, accounting, sale of weapons, ammunition, their components, weapon accessories, as well as their personal data;
5) create conditions for employees of supervising state institutions to check the activities related to brokering activities;
6) store, hold, sell weapons, ammunition, their components only in the premises which meet the requirements established by the Government or an institution authorised by it;
7) prior to recruiting a new employee whose work is directly related to acquisition, bringing into the country (import), bringing out of the country (export), sale of weapons, ammunition, their components, weapon accessories, submit to a territorial police institution the particulars 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 a weapon, his name is not entered in 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;
8) preserve accounting records concerning weapons, ammunition, their components, weapon accessories, and other documents related to brokering activities at least 10 years of the last inscription therein, regardless of the fact whether a broker engages in brokering activities or not (following the termination of brokering activities, the accounting documents shall be transferred to the Police Department under the Ministry of the Interior);
9) in accordance with the procedure laid down by the Government or an institution authorised by it, mark firearms classified in Categories B and C, and single-shot long firearms with smooth-bore barrels classified in Category D, brought into the territory of the Republic of Lithuania, unless they have been already marked in a prescribed manner;
10) when trading in weapons, ammunition, weapon accessories in the territory of the Republic of Lithuania, adhere to the requirements set out in paragraphs 2-4 of Article 24 of this Law;
Article 26. Repair of Weapons, Conversion of Weapons and Ammunition
1. A legal person registered in the Republic of Lithuania, who wishes to repair weapons, convert weapons and ammunition, must obtain a licence. Such licence shall be issued by the Weaponry Fund in accordance with the procedure laid down by the Government. A licence to repair weapons, convert weapons and ammunition shall grant to a legal person registered in the Republic of Lithuania the right to acquire in the Republic of Lithuania and import from foreign countries components of weapons necessary for the said activities.
2. A weapon, its essential components may be repaired, converted only by a legal person registered in the Republic of Lithuania, who has a licence to repair and convert weapons.
3. Converted weapons shall, in a manner prescribed by legal acts, be tested in order to ensure their meeting the requirements of normative documents.
Article 27. Operation of Firing Ranges and Shooting Galleries
1. A legal person registered in the Republic of Lithuania, who which wishes to operate a shooting gallery or an firing range for the purposes of economic commercial activities, must obtain a licence. Such licence shall be issued by the Police Department under the Ministry of the Interior in accordance with the procedure laid down by the Government. A licence to operate shooting galleries, firing ranges shall grant the right to acquire ammunition and sell them to persons who wish to shoot in a shooting gallery or firing range.
2. A shooting gallery or firing 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 shooting galleries or firing ranges weapon owners and users may shoot with weapons which they possess or which have been transferred for use. The Government or an institution authorised by it shall establish requirements for shooting in shooting galleries or firing ranges, their territories, as well as the procedure for use and hire of weapons in a shooting gallery or firing range.
4. Activities related to the operation of shooting galleries or firing ranges in which persons shoot with weapons classified in Category D specified in subparagraphs 2-7 of Article 6 of this Law, shall not be subject to licensing. Persons who shoot with weapons classified in Category D must ensure the safety of shooting.
5. Entities having a special status shall establish and operate shooting galleries and firing ranges in a manner prescribed by legal acts, meeting the requirements laid down in paragraph 2 of this Article.
6. A licence to operate shooting galleries and firing ranges shall not be necessary for legal persons (schools and other entities) which when operating shooting galleries, firing ranges, do not engage in economic commercial activities. 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 shooting galleries, firing ranges meet the requirements laid down in paragraph 2 of this Article.
Article 28. Hiring out of Weapons
1. A legal person registered in the Republic of Lithuania, who wishes to hire weapons out for hunting or sport, must obtain a licence. Such licence shall be issued by the Police Department under the Ministry of the Interior in accordance with the procedure laid down by the Government. A licence to hire weapons out shall grant to a person who has hired a weapon the right to acquire ammunition from entities which have the right to trade in ammunition and sell them.
2. A legal person registered in the Republic of Lithuania, who has a licence to hire weapons out shall have the right to hire out hunting arms classified in Categories B and C for hunting purposes and weapons classified in Categories B and C for sporting purposes.
3. During a hunting season weapons may be hired out to permanent residents of the Republic of Lithuania and foreigners who have the right to possess a hunting gun classified in that Category and who produce documents proving such right as well as a valid hunter's licence.
4. Weapons for sporting purposes may be hired out to permanent residents of the Republic of Lithuania and foreigners who have the right to hold and carry a weapon classified in that Category and who produce documents proving such right as well as a valid certificate of membership of a shooting sport organization.
5. A legal person registered in the Republic of Lithuania, who hires weapons out must, in a prescribed manner, issue a temporary weapon's certificate to a person who hires these weapons.
Article 29. Armourer’s Duties
The armourer must:
2) issue weapons and ammunition, keep accounting of weapons and ammunition, and fill in necessary documents;
4) refrain from handing weapons out to the persons who are manifestly under the influence of alcohol or intoxicated with narcotic, psychotrophic or other intoxicating substances;
5) expeditiously notify a police institution about theft or loss of weapons, ammunition, their components;
6) provide access to the officers of supervisory state institutions to the places where weapons and ammunition are manufactured, repaired and converted, sold, stored, hired out, or to the places where shooting galleries and firing ranges are operated, and to provide such officers with necessary assistance in their inspection.
Article 30. Duties of the Owner, Holder, User of Weapons, Ammunition
1. The owner, holder, user of weapons 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 a weapon for the purpose of professional activities, may carry a weapon in a holster and exposed;
2) have proper conditions for keeping weapons and ammunition, and observe the requirements set for holding weapons and ammunition;
3) provide access to the employees of supervisory state institutions to the places where weapons and ammunition are held and upon their request produce for inspection weapons, ammunition as well as a permit to carry or a permit to hold weapons and ammunition;
4) upon the request of law-enforcement officers produce weapons, ammunition and a permit to carry or a permit to hold weapons;
5) transport weapons to a different place (a place of keeping of weapons, a shooting range, etc.) unloaded, placed in a holster or in another appropriate container. A cartridge may not be placed in the barrel and a magazine must be taken out from the weapon;
6) immediately notify a police institution about a theft or loss of a permit to carry a weapon, ammunition or a permit to hold a weapon;
7) following the sale of the last weapon listed in a permit, return the permit to hold or the permit to carry a weapon to the police institution that has issued the permit;
8) apply to a territorial police institution regarding the extension of the period of validity of a permit to carry or a permit to hold a weapon prior to the expiration of the period of validity of such permit;
2. The owner, user of the weapons classified in Categories A, B and C, ammunition for them shall be prohibited from:
2) transporting a weapon without also carrying a permit to hold or a permit to carry the said weapon;
3) carrying, transporting a weapon while being under the influence of alcohol (0.4 per mil or more) or intoxicated with narcotic, psychotropic or other intoxicating substances;
4) using alcoholic beverages, narcotic, psychotropic or other intoxicating substances after the use of a weapon until the sobriety or intoxication will be tested or it will be refused to carry out the test;
5) carrying a weapon ready for firing (a cartridge is put into the chamber, a revolver is cocked, a archery weapon 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) giving a weapon over to another person who does not have the right to hold or carry a weapon of such category and designation (this requirement shall not apply when persons are being trained to use a weapon during a shooting competition, practice, training);
Article 31. Duties of the Owner of a Weapon classified in category D
1. The owner of a weapon classified in category D must:
1) carry a gas weapon in such a manner so as other persons do not see it. An officer of a state institution, wearing a uniform, or a person having a weapon for the purpose of professional activities, may carry the weapon in a holster and exposed;
2) not carry a gas weapon 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) a weapon to a different place (a place of keeping, a shooting range, etc.) unloaded, placed in a holster or in another appropriate container. Cartridges may not be placed in the barrel and the magazine must be taken out from the weapon;
4) ensure safe holding of weapons and ammunition, so that other persons would not be able to make use of them;
2. The owner of a weapon classified in category D shall be prohibited from:
1) handing over a weapon or 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 weapons classified in category D, except gas weapons and electroshock weapons intended for self-defence;
Article 32. Holding and Storing of Weapons and Ammunition
1. Weapons and ammunition may be kept by persons that have a license to manufacture, repair and convert, trade in, import, export weapons and ammunition, operate shooting galleries and firing ranges, hire weapons and ammunition or by those that have permits to hold or permits to carry weapons. Weapons in Category D shall be held and carried without permits.
2. A permit to carry or a permit to hold weapons shall grant the right to acquire ammunition only for a particular weapon as well as to carry or hold such ammunition. A permit to carry and a permit to hold weapons, ammunition shall issued for a period of five years. Permits to carry, hold weapons shall be issued in a manner prescribed by the Government or an institution authorised by it.
3. Owners and users of weapons, ammunition must ensure their safety. Conditions and requirements for holding and storing of weapons and ammunition shall be established by an institution authorised by the Government.
4. In state institutions, establishments, undertakings, public places (stadiums, restaurants, bars, theatres and other places) conditions for persons who work there or arrive there for a visit to leave weapons and ammunition for a temporary storing in the above-mentioned places. Conditions and procedure for a temporary storing of weapons shall be established by an institution authorised by the Government.
5. Entities having a special status shall store and hold their weapons and ammunition pursuant to the procedure established by such institutions.
6. A person may sell a weapon which lawfully belongs to him only through an entity which has the right to trade in the weapons of this category.
7. An owner of a weapon may submit the weapon for conversion only if he has a permit. A permit for conversion of a weapon shall be issued by a police institution at which such a weapon has been registered, at the request of the owner of the weapon or the lawful holder of the weapon. A permit shall not be necessary to repair a weapon.
8. A permit for conversion of a weapon shall not be issued if a request has been submitted regarding the conversion which would change the primary properties of a type of the weapon. When issuing a permit for conversion of a weapon, the limits shall be set on the extent of the conversion of this weapon.
Article 33. Carrying and Transportation of Weapons and Ammunition
1. Persons having permits to hold weapons shall transport the weapons to another place (a place of holding of a weapon, 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 weapon.
2. A permit to acquire weapons, ammunition shall grant the right to transport the acquired weapons, ammunition to the place of storing and to hold them until the registration (but not longer than 10 days).
4. Weapons designed 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 weapons in public places, if this may cause a threat to the security of an individual or society. 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 Weapons and Ammunition
1. A person shall have the right to use weapons and ammunition for the purposes specified in Article 11.
2. The use of a weapon 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 weapon in self-defence or in defence of another person, property, inviolability of one's home, other rights, interests of society or national 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 state institutions, as well as seeking to eliminate a threat posed to him, other persons or their rights, interests of society or national interests, 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 a weapon, it is necessary to warn a person against whom the weapon is to be used. This provision shall not apply when, due to the situation, it is not possible to warn a person or when delay poses a direct threat to the user of a weapon, or to the life and health of another person. The outcome of the use of a weapon must not cause damage to the health of the third parties.
4. A person may also use a weapon 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 a weapon 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 a weapon shall immediately inform a police institution or a prosecutor's office about each case of the use of a weapon which resulted in the death of a person or material damage, or bodily injuries.
7. Hunting weapons and ammunition shall be used in the hunting areas pursuant to the procedure set by this Law and legal acts regulating the hunting.
8. Weapons 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 weapons classified in Category A shall be defined by laws, other legal acts, which govern working arrangements of the legal persons who use such weapons.
Article 35. Weapons and Ammunition as Finds
1. The person who happens to find a weapon or ammunition must immediately report to the police about this or hand the weapon or ammunition over to it.
CHAPTER NINE
IMPORT, EXPORT, CARRIAGE OF WEAPONS AND AMMUNITION
ON THE TERRITORY OF THE REPUBLIC OF LITHUANIA
Article 36. European Firearms Pass
1. A permanent resident of the Republic of Lithuania who has a weapon 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. This Pass shall be valid for a maximum period of five years. Where only weapons classified in Category D appear on the Pass, the maximum period of validity thereof shall be ten years.
2. The European Firearms Pass shall be a non-transferable document. The Pass must always be in the possession of the person possessing a firearm in a member state of the European Union.
3. The owner of a weapon, who has sold or lost it, must return the European Firearms Pass to the Police Department under the Ministry of the Interior.
Article 37. Carriage of Individual Weapons to, from, in transit through the Territory of the Republic of Lithuania
1. Permanent residents of the Republic of Lithuania, legal persons registered in the Republic of Lithuania, foreigners shall have the right to carry to, from and in transit through the Republic of Lithuania legally acquired weapons classified in Categories B, C and D, 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. It shall be allowed to carry to, from and in transit through the Republic of Lithuania one weapon classified in Category D, not more than 50 units of ammunition intended for weapons classified in Category D, with the exception of ammunition for a pneumatic air weapon, where the unlimited amount of such ammunition can be brought into the country without a permit.
2. Permanent residents of the Republic of Lithuania and member states of the European Union may bring individual weapons and their ammunition into the Republic of Lithuania or carry them out of 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 bring from the member state of the European Union into the Republic of Lithuania individual weapons 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 bringing of weapons and/or ammunition into the territory of the Republic of Lithuania, and the right to bring them out of 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 transport weapons and/or ammunition upon having received a preliminary consent of a member state of the European Union regarding bringing of weapons and/or ammunition into this member state.
3. Permits to bring into, out of or in transit through the Republic of Lithuania individual weapons 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 bring their weapons classified in Categories B and C, ammunition out of and bring them 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 law enforcement, security and defence institutions of foreign states may, for the performance of official duties, bring their weapons classified in Categories B and C, ammunition into the Republic of Lithuania, bring them out of it, 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. Permits shall be issued in a manner prescribed by the said institutions.
6. The number of individual weapons transported to, from or in transit through the Republic of Lithuania may not exceed three weapons for each person and the number of ammunition for them may not exceed 500 for each carried in or possessed weapon of the same calibre. The number of weapons, ammunition for sporting purposes (competitions, exercises) which are being brought into the Republic of Lithuania or brought out of it shall not be limited.
7. When weapons, ammunition are being brought into or brought out of the Republic of Lithuania for organisation of exhibitions, their number shall not be limited, but after the end of the exhibition they must brought into or brought out of the Republic of Lithuania. Organisers of an exhibition shall be responsible for the transportation of weapons, 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 weapons, ammunition into the Republic of Lithuania or to bring them out of it only for sporting purposes (competitions, exercises).
9. Individual weapons 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 weapons 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 weapons 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 Weapons, Ammunition, their Components
1. Persons may collect the following:
1) firearms and ammunitions converted in a manner that would render them unfit for use as firearms and ammunition, as well as their components;
2. Firearms must be converted in a manner that would render them unfit for use. Ammunition must be converted in a manner that would render it unfit for firing.
3. Weapons, ammunition, their components may be collected in a museum, in any other suitable premises that conform with the requirements set by the Government or an institution authorised by it.
4. Institutions which engage in criminal expert examination, scientific research may compile the following collections of weapons, ammunition, cases and bullets:
5. Institutions of criminal expert examination which have weapons with rifled or smooth-bore barrels classified in Categories A, B and C, but which do not carry numbers, must inscribe a number on a weapon.
6. Procedure regulating compiling, holding, displaying, liquidation of weapons, ammunition, conversion of weapons, ammunition for collections, shall be established by the Government or an institution authorised by it.
Article 39. Organisation of Exhibitions of Weapons, Ammunition, their Components
1. Upon having received a permit of a territorial police institution, state institutions, establishments, undertakings, establishments, organisations registered in the Republic of Lithuania or foreign countries, may organise exhibitions of weapons classified in Categories B, C and D, ammunition, their components.
2. Exhibitions of suitable for use weapons classified in Category A, ammunition, their components, weapon accessories may be organised only by entities having a special status.
3. Organisers of exhibitions must ensure the safety of displaying and keeping of weapons, ammunition, their components.
Article 40. Cancellation of Permits to Carry and Permits to Hold Weapons and Ammunition
1. Permits to carry and permits to hold weapons, 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 weapons, or upon the expiry of the term of its validity;
5) upon the occurrence of the circumstances referred to in subparagraphs 3, 4, 5, 8 and 10 of paragraph 1 of Article 17 and paragraph 2 of Article 18, except subparagraph 7, of this Law;
6) when a person uses a weapon 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 weapons due to the violation of rules on circulation of weapons and ammunition;
8) if a permit to carry or a permit to hold a weapon has been obtained because consciously mislead information of forged documents were submitted;
2. A permit to carry or a permit to hold a weapon shall be cancelled when a person who has such a 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 natural person to hold a weapon he has for the purpose of hunting shall be cancelled upon the loss of the right to hunt.
4. The right of a natural person to hold a weapon he has for a sporting purpose shall be cancelled upon the loss of membership in a shooting sports organisation.
5. Cancellation of a permit to hold or a permit a weapon 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 a permit to carry or a permit to hold a weapon 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 any 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
WEAPONS, AMMUNITION AND THEIR COMPONENTS
Article 41. Seizure of Weapons, Ammunition, their Components
1. Police or other state institutions empowered by law may seize weapons, weapon accessories, ammunition, their components:
1) when weapons, weapon accessories, ammunition, their components are manufactured, imported, exported, transported, kept or carried, sold without an appropriate permit or licence, or upon the expiry of the term of its validity;
2) upon the cancelling of validity of a license, a permit to carry or a permit to hold weapons, ammunition;
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 – arrest;
6) when there are sufficient grounds to suspect that a person is ill with diseases or has physical disabilities hindering proper use of a weapon, or has health disorders, problems related to alcoholism, drug abuse, state of mind;
7) when it is suspected that a weapon, weapon accessory, ammunition might be a tool of law violation, crime, or an object of a law violation or crime;
2. An institution or establishment which seized weapons 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 weapons for use.
3. On request of a person, weapons suitable for safe use, weapon accessories or factory-made ammunition shall be sold through the Weaponry Fund or legal persons registered in the Republic of Lithuania which have the right to trade in weapons, weapon accessories, ammunition. If a person, whose permit to carry or permit to hold weapons is cancelled by a police institution, does not approach the police institution within 30 days with a request to sell a weapon, weapon accessory, ammunition, then the weapon, weapon accessory, ammunition shall be transferred to the Weaponry Fund for selling. Weapons unfit for safe use, weapon accessories, ammunition, which are not accepted for selling, shall be transferred without payment (except those having historical or criminalistic value) to the Weaponry Fund for destruction.
4. The owner of the weapon, weapon accessory, ammunition shall, within 10 days of selling of the weapon, weapon accessory, ammunition, be informed about the sold weapon, weapon accessory, ammunition, and shall, upon his arrival, be paid a sum of money received for this weapon, weapon accessory, ammunition, after deduction of selling expenses. Suitability for use and value of the weapon, weapon accessories, ammunition transferred to the Weaponry Fund for selling shall be determined in accordance with the procedure laid down by the Government or an institution authorised by it.
5. In the cases laid down in subparagraph 5 of paragraph 1 of this Article, weapons, weapon accessories, and ammunition, a permit to carry or a permit to hold weapons shall be seized until the discontinuation, in a manner prescribed by law, of a pre-trial investigation or a criminal case, or the annulment of the 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 weapons, weapon accessories, ammunition, a permit to carry or a permit to hold weapons until an appropriate decision is made on the cancellation of a permit or the return of a weapon. In the case when weapons, weapon accessories, 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, the weapons, weapon accessories, ammunition shall be returned to their owner.
6. If a decision to cancel or to refuse extension of a permit, to cancel a licence is appealed against in a manner prescribed by law, a weapon, weapon accessory, 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, weapon accessory, ammunition for it shall be transferred to the territorial police institution for temporary safekeeping until the issue of inheritance is settled.
Article 42. Weapons Classified in Categories B, C and D, Ammunition for them as Part of Inherited Property or a Gift
1. Weapons classified in categories B, C and D, and ammunition shall be given as gifts and inherited in a manner prescribed by law.
2. Weapons classified in Categories B and C, ammunition for them may, in a manner prescribed by this Law, be given as a gift to persons who have the right to acquire and possess a weapon 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 hold a weapon, a permit to sell or convert it.
4. When the inheritor fails to obtain a permit to carry or a permit to hold a weapon, or he refuses to convert a weapon, a permit to sell a weapon shall be issued to him. It shall be valid for a maximum period of 10 days. A weapon 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 a weapon for selling, submit to a territorial police institution a certificate that a weapon has been delivered to the Weaponry Fund or an undertaking which has the right to sell weapons of such type. A permit to sell a weapon shall grant the right to hold a weapon for 10 days and to sell it within the said time limit.
5. Within 10 days of the sale of an inherited weapon, the inheritor shall be informed about the sold weapon and shall be paid an appropriate sum of money upon arrival. Suitability for use of a weapon 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 within 1 month after the receipt of a certificate of the right of inheritance the inheritor fails without valid reasons to approach a territorial police institution for the issuance of a permit to carry or a permit to hold a weapon, or a permit to sell or convert such a weapon, or within 10 days of the receipt of a permit to sell a weapon he does not transfer a weapon 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 shall be seized without payment and transferred to the Weaponry Fund for selling.
7. The President of the Republic, the Speaker of the Seimas, the Prime Minister, as well as the Minister of National Defence and the Minister of the Interior shall have the right to award short firearms classified in Categories B and C (pistols, revolvers), and sabres, daggers, swords to the persons for distinction in combat conditions, for merits or sacrifice and valour when safeguarding security of a person, society and/or the state, fighting criminality, for personal courage while fulfilling state tasks.
8. The heads of foreign states, governments, other official persons may award weapons to permanent residents of the Republic of Lithuania.
Article 43. Destroying of Weapons, Ammunition, their Components
1. All weapons which are unfit for use, their components which are impossible or inexpedient to repair, ammunition unfit for use must be destroyed.
2. Persons shall deliver the weapons, ammunition, their components 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 weapons, ammunition, their parts which have been delivered for destroying, to the Weaponry Fund.
3. The Weaponry Fund shall, with participation of a commission set up by it, destroy, in a manner prescribed by the Weaponry Fund, the weapons, ammunition, their components which have been transferred for destroying.
4. Weapons, ammunition, their components must be destroyed in such a way so as to guarantee that they become completely unfit for use. Weapons, ammunition, their components must be destroyed in such a way which would not pose a threat to human health and the environment.
5. Entities having a special status, except the Ministry of National Defence, must transfer to the Weaponry Fund weapons, ammunition, their components designated to be destroyed. The Ministry of National Defence shall destroy weapons, ammunition, their components 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 of testing of weapons, 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 Circulation of Weapons and Ammunition
1. The circulation of weapons 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 within the framework of their competence.
2. The civil servants authorised to control the circulation of weapons 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 Weapons and Ammunition
1. An institution which issues a permit (licence) to export (import) firearms, ammunition, their components must inform any foreign state about a weapon, 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 weapons must, prior to bringing of a weapon into those states, be provided with the particulars of the person who has sold the weapon and of the person who has acquired it, as well as the particulars on the firearm, ammunition:
3. Information about import, export, transit, bringing into or bringing out of 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 Weapons and Ammunition
Persons who have violated the procedure of the circulation of weapons and ammunition, and the control thereof shall be held liable under the law.
Article 48. Application of International Agreements
If the requirements other than those laid down in this Law are set in an international agreement to which the Republic of Lithuania is a party, the provisions of the international agreement shall apply.
Article 49. Entry into Force of the Law
1. The Law shall enter 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 enter into force on 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. After the entry into force of this Law, the awarded weapons given to persons shall come into possession of the persons to whom they have been given.
4. Restrictions regarding the right to possess weapons, 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 entry into force of this Law, shall not apply to persons who have acquired the weapons prior to entry into force of this Law, provided that the circumstances due to which restrictions may be applied, appeared before entry into force of this Law.
Article 50. Repeal of Laws
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 Supplementing 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 by 31 December 2002 to the Seimas drafts of laws amending and supplementing the laws related to the enforcement of this Law;
2) to prepare and approve by 1 April 2003 subordinate legal acts of the Law on the Control of Arms and Ammunition .
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS
Annex to the Republic of Lithuania
Law on Control of
Weapons and Ammunition