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On State Control of Turnover of Particular Types of Weapon

Updated Unofficial translation

The Law of the Republic of Kazakhstan dated 30 December 1998 No. 339.

      Unofficial translation

      This Law regulates legal relations, arising upon turnover of civil, service, military hand-held small arms and cold weapon in the territory of the Republic of Kazakhstan, and oriented to protection of life and health of citizens, property, public safety ensuring, protection of objects of environment, resources, development of international cooperation in crime prevention and illegal distribution of weapon.

      Provisions of this Law shall be applied to turnover of ammunition (ammunition) as well.

Chapter 1. General provisions Article 1. Basic concepts used in this Law

            The following basic concepts are used in this Law:

            1) firearm is a weapon in which the ejection of bullets, projectiles, grenades from the barrel channel occurs as a result of the impact of energy of a powder or other charge;

            2) signal weapon is a weapon used to deliver sound, light and smoke signals;

            3) gas weapon is a weapon, the use of which is based on the use of teargas or irritants;

            4) forensic requirements are special technical requirements for civil and service weapons and cartridges to them for the purpose of identifying them and excluding the possibility of illegal alteration;

            5) weapons are devices and objects that are designed to defeat life or other targets, as well as for signaling;

            6) turnover of weapons - manufacture, assembly, alteration, sale (trade), transfer, donation, rewarding, inheritance, acquisition, collecting, exhibiting, recording, storing, carrying, transporting, using, seizing, destroying, importing of weapons into the territory of the Republic of Kazakhstan and its export from the Republic of Kazakhstan;

            7) weapon manufacturer is an organization which has a license for weapons elaborating, manufacture, repair and trade;

            8) the user of an weapon is an individual or a legal entity that has received weapons from the owner for temporary use;

            9) purchase of weapons is buying, receiving weapons as a gift, reward;

            10) the owner of an weapon is an individual or legal entity who owns the weapon on the basis of a permit to purchase, carry and store weapons;

            11) production of weapons is research, development, manufacture, testing, assembly, decoration, repair, alteration and destruction of weapons, the manufacture of cartridges and their components;

            12) throwing weapon is a weapon where the means of direct destruction of the target receives direction and movement with the help of muscular power of a person or a mechanical device;

            13) ammunition (cartridges) are devices or objects designed for shot from a weapon of an appropriate type and the target defeat (hereinafter - cartridges);

            14) pneumatic weapon is a weapon which means of target destruction receives directed movement due to the energy of compressed, liquefied or solidified gas;

            15) cold weapon is a weapon, whose means of direct destruction of the target is activated by the muscular power of a man;

            16) electric weapon is a special device, the use of which is based on the action of an electric discharge.

      Footnote. Article 1 is in the wording of Law of the Republic of Kazakhstan No. 209 dated 29 December 2006, (see Article 2 for the enactment procedure); as amended by Law of the Republic of Kazakhstan № 479-V dated 29.03.2016 (shall be enforced upon expiry of twenty one calendar day after the day of its first official publication).

Article 2. Legislation of the Republic of Kazakhstan in the scope of state control of turnover of particular types of weapon

      Legislation of the Republic of Kazakhstan in the sphere of control of turnover of particular types of weapon shall be based on the Constitution of the Republic of Kazakhstan, consist of this Law and other regulatory legal acts.

      If international treaties, ratified by the Republic of Kazakhstan establishes the other regulations, than those provided by this Law, the regulations of international treaties shall be applied.

Article 3. Types of weapon

      According to their purposes, weapons shall be divided into:

      1) military hand-held small arms and cold weapon;

      2) non-military weapon;

      3) service weapon.

      Footnote. Article 3 as amended by Law of the Republic of Kazakhstan № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication).

Article 4. Military hand-held small arms and cold weapon

      Military hand-held small arms and cold weapons shall include weapons intended for carrying out combat, operational and training tasks, accepted for service by relevant state bodies of the Republic of Kazakhstan and their subdivisions (hereinafter referred to as the Armed Forces, other troops and military formations, special state and law enforcement bodies), and also those manufactured for export supplies.

      Military hand-held small arms and ammunition are one of the types of weapons.

      The procedure for the turnover of military hand-held small arms and ammunition, and also of cold weapons, shall be determined by the rules for trafficking in arms and military equipment approved by the Government of the Republic of Kazakhstan.

      Footnote. Article 4 is in the wording of Law of the Republic of Kazakhstan No. 200-V dated 23.04.2014 (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by Laws of the Republic of Kazakhstan № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication).

Article 5. Non-military weapon

      Non-military weapon shall include the weapon, used by citizens of the Republic of Kazakhstan for the purpose of self-defense, sport activity and hunting. Non-military firearms shall exclude burst firing.

      Non-military weapon shall be divided into:

      1) self-defense weapon:

      firing smoothbore long barreled weapon;

      gas weapon – gas guns, revolver guns and ammunition to it, mechanical sprays, aerosolized and other tools, charged with lachrymatory or irritating agents, permitted for applying by the authorized body in the field of health care service;

      electric weapon – the weapon and other subjects, destructive effect of which is based on use of electric power, permitted for applying by the authorized body in the field of health care service;

      2) sporting weapon:

      firearms with rifle barrel;

      firing smoothbore weapon;

      cold sabre weapon;

      missile weapon;

      pneumatic weapon with muzzle energy more than 3 J;

      3) hunting weapon:

      firearms with rifle barrel;

      firing smoothbore weapon, as well as with the length of rifle barrel no more than 140 mm;

      firing combined (rifle and smoothbore) weapon, as well as with changeable and removable rifle barrels;

      pneumatic with muzzle energy no more than 25 J;

      cold sabre weapon;

      4) warning guns.

      Footnote. Article 5 as amended by Laws of the Republic of Kazakhstan No. 209 dated 29.12.2006 (see Article 2 for the enactment procedure); No. 318 dated 27.07.2007 (see Article 2 for the enactment procedure); No. 200-V dated 23.04.2014 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 6. Service weapon

      Service weapon shall include the weapon, intended for use for the purpose of personal safety ensuring by politic state employees, having the right to acquire (receive) service weapon in accordance with the legislation of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan, as well as organizations upon carrying out of the tasks on protection of lives and health of citizens, property, on protection of the objects of environment and natural resources, valuable and hazardous cargos, special correspondence, imposed on them by the legislation and their provided charters (provisions).

      Organizations, on which the functions linked with use and applying service weapon are the legal entities with special statutory goals (hereinafter – legal entities with special statutory goals).

      Service weapon shall include firing tuneless, gas weapon with possibility of shooting with the ammunition of traumatic effect, firing short barreled smoothbore and rifle weapon, as well as long barreled smoothbore and rifle weapon.

      Service weapon shall exclude the burst firing.

      Footnote. Article 6 is in the wording of Law of the Republic of Kazakhstan No. 200-V dated 23.04.2014 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 7. Prohibitions imposed on the turnover of non-military and service weapons and cartridges to them

            1. The turnover as non-military and service weapons and cartridges to them in the territory of the Republic of Kazakhstan is prohibited to:

            1) long-barreled firearms with a magazine capacity of more than 10 cartridges having a barrel length or barrel length with a receiver less than 500 millimeters and a total weapon length of less than 800 millimeters, and having a design that allows it to be less than 800 millimeters in length and the possibility of a shot is not lost;

            2) non-military firearms which allow shooting in bursts;

            3) firearms that have a form imitating other objects;

            4) a fire smooth-bore weapon made for cartridges to firearms with a rifled barrel, with the exception of a "paradox system" weapon, which has not more than 40 percent of the rifled portion of the barrel's length;

            5) knuckles, brass knuckles, shurikens, boomerangs and other objects specially designed for use as a weapon of shock-crushing, propelling, piercing-cutting action, with the exception of sporting shells, in accordance with the legislation of the Republic of Kazakhstan;

            6) cold bladed weapons and knives which blades and edges are either automatically removed from the handle when the button or lever is pressed and fixed by them or pulled out by gravity or accelerated movement and automatically fixed with blade length and edge more than 90 millimeters;

            7) cartridges with bullets of armor-piercing, incendiary, explosive or tracing action with a displaced center of gravity, as well as cartridges with shot-guns for gas pistols and revolvers in accordance with the legislation of the Republic of Kazakhstan;

            8) weapons and other items, the damaging effect of which is based on the use of radioactive radiation and biological effects;

            9) gas weapons equipped with nerve agents, poisonous substances, as well as other substances prohibited by the authorized body in the field of health care, as well as gas weapons capable of causing damage at a distance of more than one meter, not dangerous to human life, but causing a prolonged breakdown health for a period of more than twenty-one days, or a significant permanent disability for 10% or more;

            10) weapons and cartridges to them, having technical characteristics not corresponding to forensic requirements;

            11) weapons and cartridges to them that do not meet the safety requirements established by technical regulations in the sphere of turnover of non-military and service weapons and cartridges to them;

            12) weapons and other items which damaging effect is based on the use of electromagnetic, light, thermal, infrasound or ultrasonic radiation;

            13) self-defense tubeless firearms, electric shock devices and spark arresters with output parameters exceeding the values established by the national standards;

            14) weapons made of materials that do not allow its detection by metal detectors.

            2. The following activities are prohibited:

            1) storage or use of sports firearms with a rifled barrel or sports pneumatic weapons with muzzle energy exceeding 7.5 J and caliber more than 4.5 mm outside the sports facilities, as well as sports cold bladed weapons; storage and use of a propelling weapon by force of string tension over 14 kg without permission for its storage and carrying outside the sports facilities, except for storing and using bows and crossbows for research and preventive works related to the immobilization and injection of animal world objects;

            2) the acquisition of pneumatic weapon with caliber more than 4.5 mm by citizens;

            3) installation of devices for noiseless shooting and night sights on service and civilian weapons;

            4) sending of weapons (their main (component) parts) and cartridges to them by mail including international postal items;

            5) carrying weapons by citizens participating in rallies, street processions, demonstrations, pickets and other mass public events;

            6) carrying weapons in an open (uncovered) form in public places;

            6-1) transfer of weapons to another person, except for cases provided for by this Law;

            6-2) acquisition of long-barreled guns with a caliber greater than ".338 LapuaMag" (8.6 * 70 mm) by citizens;

            6-3) shooting from fire, gas, electric weapons (except in cases of self-defense), pneumatic and missile weapons in populated areas and in places not designated for this purpose;

            7) carrying weapons without permission as an accessory to a national costume.

      Footnote. Article 7 as amended by Laws of the Republic of Kazakhstan No. 209 dated 29.12.2006 (see Article 2 for the enactment procedure); No. 318 dated 27.07.2007 (see Article 2 for the enactment procedure); No. 107-V dated 21.06.2013 (shall be enforced upon expiry of thirty calendar days after its first official publication); No. 200-V dated 23.04.2014 (shall be enforced upon expiry of ten calendar days after the date of its first official publication); № 203-V dated 16.05.2014 (shall be enforced upon expiry of six months after the day its first official publication); № 28-VІ dated 22.12.2016 (shall be enforced upon expiry of tеn calendar days after the day its first official publication); № 184-VI as of 05.10.2018 (shall be enforced upon expiry of six months after its first official publication).

Chapter 1-1. General safety requirements in the field of technical regulation in the scope of turnover of non-military and service weapon and ammunition to it

      Footnote. Chapter 1-1 is supplemented by Law of the Republic of Kazakhstan No. 209 dated 29 December 2006 (see Article 2 for the enactment procedure).

Article 7-1. Objects of technical regulation in the scope of turnover of non-military and service weapon and ammunition to it

      The objects of technical regulation shall include: non-military and service weapon and ammunition to it, as well as processes of its production, assembly, refurnishment, repair, sale (trade), acquisition, collecting, exposing, keeping, bearing, transporting, use, destruction.

Article 7-2. Safety requirements to non-military and service weapon

      1. Non-military and service weapon shall conform to special safety requirements, established for this type of weapon upon immediate loading, firing, reloading, as well as maintenance operation.

      2. Firing smoothbore, tuneless weapon, gas guns and revolvers with the relevant ammunition of traumatic, sound-and-light and gas effect shall conform to the requirements, established by the technical regulations in the scope of health care service.

      3. Mechanical, aerosol sprayers and other tools, charged with lachrymatory or irritating agents, as well as other substances, shall conform to requirements, established by the technical regulations in the scope of health care service.

Article 7-3. Safety requirements to ammunition

      Ammunition to non-military and service weapon on their size, form, structure, weight, markings, safety functioning, as well as pressure indicators of impinging gases and kinetic energy shall conform to the special safety requirements in the field of technical regulation.

Article 7-4. Safety requirements in the scope of turnover of non-military and service weapon and ammunition to it

      1. Upon production, assembly and refurnishment of non-military and service weapon and ammunition to it, the compliance with all the set of measures of safety ensuring, determined by the design documents, and ensuring of possibility of performance control of all technical operations, on which the safety is depended.

      If for the safety ensuring in the process or after manufacturing, assembly, refurnishment of non-military and service weapon and ammunition to it, the conduct of tests is required, then they shall be conducted in full measure with performing all the requirements of design documents.

      2. Sale (trade), acquisition, repair, collecting, exposing, keeping, bearing, transporting, use, destruction of non-military and service weapon and ammunition to it with violation of requirements, established by the technical regulations in the scope of turnover of non-military and service weapon and ammunition to it shall be prohibited.

Chapter 2. State cadastre and certification of non-military and service weapon and ammunition to it

Article 8. State cadastre of non-military and service weapon and ammunition to it

      State cadastre (hereinafter – Cadastre) of non-military and service weapon and ammunition to it is official compilation, containing systematic details on non-military and service weapon and ammunition to it, allowed for turnover in the territory of the Republic of Kazakhstan.

      Cadastre shall be issued on the basis of the list of models of non-military and service weapon and ammunition to it, details on which shall be entered into Cadastre and shall be excluded from it. Cadastre shall be developed, approved and issued by the authorized body in the scope of control of turnover of weapon. Details on cold sabre and missile weapon, as well as on singular samples of non-military weapon, imported in the territory of the Republic of Kazakhstan, manufactured in the territory of the Republic of Kazakhstan or exported abroad shall not be included into Cadastre.

      Amendments into Cadastre shall be introduced upon expiry of no more than three months, passed after approval of the list of models of non-military and service weapon and ammunition to it.

      Procedure for development, issuing and maintenance of Cadastre shall be established by the Government of the Republic of Kazakhstan.

      Footnote. Article 8 as amended by Law of the Republic of Kazakhstan No. 209 dated 29 December 2006 (see Article 2 for the enactment procedure).

Article 9. Confirmation of conformity of non-military and service weapon and ammunition to it

      Models of non-military and service weapon and ammunition to it, manufactured in the territory of the Republic of Kazakhstan, imported in the territory of the Republic of Kazakhstan and exported from the Republic of Kazakhstan shall be subject to compulsory confirmation of conformity.

      Confirmation of conformity of non-military and service weapon and ammunition to it shall be carried out in the manner, established by the authorized body of the Republic of Kazakhstan in the field of technical regulation.

      Document in the scope of confirmation of conformity shall be the ground for turnover of non-military and service weapon and ammunition to it in the territory of the Republic of Kazakhstan.

      Technical requirements and methods of testing non-military and service weapon and ammunition to it shall be established by the technical regulations in the scope of turnover of non-military and service weapon and ammunition to it.

      Footnote. Article 9 is in the wording of Law of the Republic of Kazakhstan No. 209 dated 29 December 2006 (see Article 2 for the enactment procedure).

Chapter 3. Licensing of the development, production, repair, trade, collecting, purchase and exhibiting of weapons and cartridges to them

      Footnote. The title of Chapter 3 in the new wording of Law of the Republic of Kazakhstan № 479-V dated 29.03.2016 (shall be enforced upon expiry of twenty one calendar days after the day its first official publication).

Article 10. Licensing of the development, production, repair, trade, collecting, purchase and exhibiting of weapons and cartridges to them

      Footnote. The title of Article 10 in the new wording of Law of the Republic of Kazakhstan № 479-V dated 29.03.2016 (shall be enforced upon expiry of twenty one calendar days after the day its first official publication).

            1. The development, production, repair, trade, collecting, purchase and exhibiting of weapons and cartridges to them are subjects to licensing.

            2. Licenses for the development, production, repair, trade, collecting, exhibiting of non-military and service weapons and ammunition shall be issued by internal affairs bodies.

            3. Licenses for the development, production, repair, trade, collecting, exhibiting of weapons and cartridges to them are general, issued without a time limit, and operate throughout the territory of the Republic of Kazakhstan.

            Licenses are issued both for several types of activities, taking into account a single technological complex, and for certain types.

            4. The license is issued on the basis of documents, the list of which is determined by the legislation of the Republic of Kazakhstan on permits and notifications.

            5. The reasons for refusal to issue a license are:

            1) non-presentation of required details or presentation of false information by an applicant;

            2) the inability to provide conditions for the safety of production, accounting and safety of weapons, or the failure to ensure these conditions;

            3) other reasons provided by the Law of the Republic of Kazakhstan "On Permits and Notifications".

            In case of refusal to issue a license, the mentioned authorities are obliged to inform the applicant in written form about the refusal, explaining the reasons for the refusal. Refusal to issue a license or violation of the deadline for consideration of an application may be appealed by the applicant in the court.

      Footnote. Article 10 as amended by Laws of the Republic of Kazakhstan No. 222 dated 12 January 2007 (shall be enforced upon 6 months from the date of its official publication); No. 383-IV dated 10.01.2011 (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by Laws of the Republic of Kazakhstan № 203-V dated 16.05.2014 (shall be enforced upon expiry of six months after the day its first official publication); № 479-V dated 29.03.2016 (shall be enforced upon expiry of twenty one calendar days after the day its first official publication); № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication).

Article 11. Suspension of validity and deprivation of a license

      The ground for suspension of validity of a license shall be non-fulfillment of requirements, provided by this Law and legislation of the Republic of Kazakhstan on administrative infractions.

      Deprivation of a license shall be carried out in a judicial proceeding.

      Footnote. Article 11 is in the wording of Law of the Republic of Kazakhstan No. 222 dated 12 January 2007 (shall be enforced upon expiry of 6 months from the date of its official publication).

Chapter 4. Right of possession and use of weapon

Article 12. Subjects, having the right to acquisition of weapon

      The right to acquisition of weapon in the territory of the Republic of Kazakhstan shall have the right by:

      1) the Armed Forces, other troops and military formations, special state and law-enforcement bodies, and also subjects specified in the Law of the Republic of Kazakhstan “On the defense industry and state defense order”;

      2) state bodies, civil servants of which are vested with the right to keep and bear firearms;

      3) legal persons with special statutory goals;

      4) legal persons, engaged in manufacturing of weapon or its trading (hereinafter – legal persons-suppliers);

      5) legal entities and individuals, engaged in collecting or exposing of weapon;

      6) hunting and economic organizations;

      7) sports organizations;

      8) education organizations;

      9) citizens of the Republic of Kazakhstan;

      10) foreign people;

      11) legal entities, authorized to conduct scientific and medical researches in the field of using weapon, as well as with ammunition of traumatic and gas effect.

      Footnote. Article 12 as amended by Laws of the Republic of Kazakhstan No. 318 dated 27 July 2007 (see Article 2 for the enactment procedure); No. 320 dated 27 July 2007 (see Article 2 for the enactment procedure); No. 200-V dated 23.04.2014 (shall be enforced upon expiry of ten calendar days after the date of its first official publication); № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication).

Article 13. The right to acquire weapons by the Armed Forces, other troops and military formations, special state and law enforcement bodies and other subjects

      The Armed Forces, other troops and military formations, special state and law enforcement bodies, subjects specified in the Law of the Republic of Kazakhstan “On the defense industry and state defense order” have the right to acquire military hand-held small arms and other weapons in the manner prescribed by the legislation of the Republic of Kazakhstan. To form the State bullet and shell casing repository, it is necessary to perform test shooting with weapons with rifled barrels accepted for service, except for inactivated ones, in the manner determined by the Government of the Republic of Kazakhstan.

      Footnote. Article 13 is in the wording of Law of the Republic of Kazakhstan No. 200-V dated 23.04.2014 (shall be enforced upon expiry of ten calendar days after the date of its first official publication); as amended by Laws of the Republic of Kazakhstan № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication).

Article 14. The right to purchase weapons by legal entities with special statutory objectives

      Footnote. Article 14 as amended by Law of the Republic of Kazakhstan No. 372-IV dated 29.12.2010 (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. Legal entities with special statutory objectives have the right to purchase non-military or service weapons from legal suppliers, upon receipt of appropriate authorization from the internal affairs bodies. Kinds, types, models and quantity of weapons for use by employees of legal entities with special statutory objectives are established by the Government of the Republic of Kazakhstan.

            2. Purchased weapon is a subject to registration with the relevant body of internal affairs within a week from the date of its purchase. When registering a weapon, a permit for the storage and carrying of these weapons is issued for the period of five years on the basis of documents confirming the legality of the of weapons purchase.

            The form of the permit and the procedure for extending its validity are determined by the Government of the Republic of Kazakhstan.

            3. Heads of organizations (legal entities with special statutory objectives) transfer weapons to full-time employees for the period of their functions performance. Weapons are issued after the employees have received appropriate training. These workers are obliged to undergo periodic verification of suitability for actions in conditions related to the use of firearms and to have permits from internal affairs agencies for the storage and carrying of service weapons.

            4. The content of the training program and the procedure for conducting the audit are determined by the authorized body in the field of arms control.

      Footnote. Article 14 as amended by Laws of the Republic of Kazakhstan No. 297 dated 22.02.2002; No. 318 dated 27.07.2007 (see Article 2 for the enactment procedure); No. 372-IV dated 29.12.2010 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 452-IV dated 05.07.2011 (shall be enforced from 13.10.2011); № 203-V dated 16.05.2014 (shall be enforced upon expiry of six months after the day its first official publication); № 479-V dated 29.03.2016 (shall be enforced upon expiry of twenty one calendar days after the day its first official publication).

Article 15. The right to purchase weapons by the citizens of the Republic of Kazakhstan

            1. The citizens of the Republic of Kazakhstan who have reached the age of 18 years have the right to purchase non-military weapons after obtaining the permission to purchase a specific type of weapon in the internal affairs bodies at their place of residence.

            The citizens of the Republic of Kazakhstan who have reached the age of 16 have the right to purchase, store, carry and use throwing weapons (bows and crossbows) for sport purposes.

            Signal weapons, mechanical sprayers, aerosol and other devices equipped with tear or irritating substances, pneumatic weapons with muzzle energy not exceeding 7.5 J and caliber up to 4.5 mm inclusive are not the subject to registration, and citizens of the Republic of Kazakhstan have the right to purchase them from legal suppliers without authorization.

            Firearm smooth-bore long arms, indicated in subparagraph 1) of Article 5 of this Law can be purchased by the citizens of the Republic of Kazakhstan for self-defense purposes without the right to carry them under permits issued by the internal affairs bodies at the place of residence without having the hunter's license.

            Firearm smooth-bore long arms and hunting pneumatic weapons can be purchased by the citizens of the Republic of Kazakhstan who have hunter's license with the right of storage and carrying.

            Hunting firearms with a rifled barrel can be purchased by the citizens of the Republic of Kazakhstan who own hunting smooth-bore long-barreled firearms for at least three years, who are granted the right to hunt in accordance with the established procedure.

            The total number of weapons purchased by a citizen of the Republic of Kazakhstan should not exceed:

            1) hunting firearms: with a rifled barrel - two units; smooth-bore - two units;

            2) self-defense weapons - two units, including a long-barreled shotgun or gas pistols, revolvers or electric weapons.

            These restrictions do not apply to weapons that are objects for collecting.

            Citizens of the Republic of Kazakhstan have the right to purchase gas pistols and revolvers, electric weapons for self-defense purposes with the right to store and carry them under permits issued by the bodies of internal affairs.

            2. Long-arms firearms acquired by a citizen of the Republic of Kazakhstan, hunting pneumatic weapons, throwing weapons (bows and crossbows), electric weapons, as well as gas pistols and revolvers are subject to registration in the internal affairs bodies at the place of residence within a week from the date of purchase.

            When registering a fire smoothbore long-barreled weapon of self-defence, a permission for storing such weapons for a period of five years is issued to the citizen of the Republic of Kazakhstan by an internal affairs body at the place of residence, and when registering hunting and sporting weapons, gas pistols and revolvers, throwing weapons (bows and crossbows), electric weapons a permission to store and carry it. The permission is issued and renewed for a period of five years. The form of the permit and the procedure for extending its validity are determined by the Government of the Republic of Kazakhstan.

            3. To obtain the permission to purchase weapons, a citizen of the Republic of Kazakhstan is obliged to submit an application in the prescribed form, a medical report on the absence of contraindications to own arms, established by the authorized body in the field of public health, and a document confirming the citizenship of the Republic of Kazakhstan to the internal affairs bodies at the place of residence.

            4. Persons acquiring a self-defense smooth-bore firearm, gas pistols and revolvers, throwing weapons (bows and crossbows), electric weapons for the first time, except for those authorized to store, or to keep and carry weapons, are obliged to have their knowledge of the rules for safe handling of non-military and service weapons checked by organizations assigned by the authorized body for arms turnover control.

            5. A state fee shall be levied for the issue of permits for the purchase, storage or storage and carrying, transportation, as well as for the conclusions on importation into the territory of the Republic of Kazakhstan and export from the territory of the Republic of Kazakhstan of non-military and service weapons and cartridges in accordance with the tax legislation of the Republic of Kazakhstan.

      6. The servicemen of the Armed Forces, other troops and military formations, employees of special state and law enforcement bodies, with the exception of bodies of the state fire service, who have special ranks and class ranks, are granted with a permission to purchase non- military weapons without submitting a medical report on the absence of contraindications to own arms.

      Footnote. Article 15 as amended by Laws of the Republic of Kazakhstan No. 297 dated 22.02.2002; No. 11 dated 13.12.2004 (shall be enforced from 01.01.2005); No. 318 dated 27.07.2007 (see Article 2 for the enactment procedure); No. 372-IV dated 29.12.2010 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 452-IV dated 05.07.2011 (shall be enforced from 13.10.2011); No. 107-V dated 21.06.2013 (shall be enforced from 01.01.2014); No. 200-V dated 23.04.2014 (shall be enforced upon expiry of ten calendar days after the date of its first official publication); № 28-VІ dated 22.12.2016 (shall be enforced upon expiry of tеn calendar days after the day its first official publication); № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication).

Article 16. Rights and obligations of arms owners

            1. The owners of weapons have the right:

            1) of ownership on the weapons and cartridges purchased in the established manner;

            2) to receive compensation for the cost of weapons in case of withdrawal or voluntary surrender in the manner prescribed by the law;

            3) to sell, donate, inherit or transfer weapons for temporary use in the manner determined by the Government of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan;

            4) to store and carry cold steel weapon with existence the permission for the right to store and carry firearms.

            2. The owners of weapons are obliged:

            1) to register and re-register the possessed weapons in the bodies of internal affairs, except for those listed in paragraph 3 of paragraph 1 of Article 15;

            2) to follow the established procedure for the transport of weapons and cartridges to them;

            3) to ensure the safety of weapons and cartridges to them;

            4) to ensure unimpeded access for the employees of law enforcement bodies to the territory of controlled objects and weapons storage sites, to provide them with the necessary documentation for familiarization in accordance with the legislation;

            5) in case of the owner’s death of a non-military weapon, family members are obliged to re-register or surrender this weapon to a commission sale within a month;

            5-1) once in five years, to have their knowledge of the rules for safe handling of non-military and service weapons checked by organizations assigned by the authorized body for arms turnover control;

            6) upon change the place of residence, to remove a weapon from the registration of the internal affairs body and, to register at the new permanent place of residence within ten days, and if the place of residence is changed within one district or a city that does not have a district division, to notify the territorial body of internal affairs within five days.

      Footnote. Article 16 as amended by Laws of the Republic of Kazakhstan No. 372-IV dated 29.12.2010 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 452-IV dated 05.07.2011 (shall be enforced from 13.10.2011); № 28-VІ dated 22.12.2016 (shall be enforced upon expiry of tеn calendar days after the day its first official publication); № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication).

Article 17. Rights and obligations of weapons users

      1. The users have the right:

            1) to storage, to store and carry weapons in accordance with the right granted to them;

            2) to use weapons in the cases and in the order established by the legislation of the Republic of Kazakhstan.

            2. The weapons users are obliged:

            1) to use weapons in accordance with their intended use;

            2) to follow the established procedure for the transport of weapons and cartridges to them;

            3) to ensure the safety of weapons and cartridges to them which are in use;

            4) to follow safety requirements when using weapons and cartridges to them.

            3. The users of weapons - legal entities are obliged to ensure unhindered access of internal affairs bodies employees to the territory of controlled facilities and weapons storage sites, to provide them with the necessary documentation for familiarization in accordance with the law.

            4. Weapon users who are individuals, in accordance with the legislation of the Republic of Kazakhstan, are obliged:

      1) upon request of law enforcement officials, to show them an available weapon , ammunition and places of storage for inspection, and also all the required documents for the purposes of checking the compliance with the rules for safe handling of non-military and service weapons;

      2) once in five years, to have their knowledge of the rules for safe handling of non-military and service weapons checked by organizations assigned by the authorized body for arms turnover control.

      Footnote. Article 17 as amended by Law of the Republic of Kazakhstan No. 209 dated 29 December 2006 (see Article 2 for the enactment procedure); № 28-VІ dated 22.12.2016 (shall be enforced upon expiry of tеn calendar days after the day its first official publication); № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication).

Article 18. Right of using weapon

      1. Persons, having permission for keeping, keeping and bearing particular type of weapon for protection of life, health and property shall have the right to use it in cases of necessary defence, extreme necessity and upon detention of a person, committed the crime.

      2. Employees of organizations with special statutory goals shall have the right to use weapon during performance of the tasks imposed on them by the legislation on protection of nature, natural resources, property, delivery of correspondence and special mail items, protection of life and health of people and for self-defence.

      3. Use of weapon shall be preceded the well-sounded warning about this, against which it would be used.

      4. Use of weapon in respect of women, persons with visible signs of disability, minors, when their age is known or is obvious, except for the cases of commission of group and (or) armed attack (act of force) by them.

      5. In all cases of using weapon, it is necessary to take measures for safety ensuring of surrounding citizens, rendering of emergency medical care to injured persons, inform the bodies of internal affairs and prosecution bodies.

      6. Rules of hunting with use of firearms, as well as the rules of using weapon during sports activity and in for educational purposes shall be determined by the Government of the Republic of Kazakhstan.

      Footnote. Article 18 as amended by Law of the Republic of Kazakhstan No. 200-V dated 23.04.2014 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 19. Suspension, renewal and termination of permissions as well as refusal to issue them

      1. The permissions of the first and second categories in the sphere of turnover of non-military and service weapons by the bodies of internal affairs shall be suspended in cases if the person:

            1) does not have a permanent place of residence;

            2) does not have proper conditions for storing weapons.

      In the case of prosecuting a person the authorization is suspended until the court makes a decision.

            The decision to suspend the validity of permission on the reasons provided for in this Law must be preceded by a prior written warning of the owner by the body of internal affairs that issued the permission. The warning indicates which legal norms and rules are violated or not executed, and a period of no more than thirty calendar days is appointed to eliminate the violations committed.

      2. In case of elimination the violations that were reasons for the suspension of the permit, the owner of the permit has the right to file an application to the internal affairs body before the expiry of the suspension of the permit's validity to eliminate violations with enclosing copies of supporting documents.

            The resumption and initiation of termination of the permit is carried out in the manner and on the bases established by the Law of the Republic of Kazakhstan "On Permits and Notifications".

            3. In case that the owner of the permit does not submit an application to eliminate violations that were reasons for suspending the permit, the body of internal affairs initiates the procedure for the termination of the permit's validity before the expiry of the suspension period.

            In the process of considering the issue of termination of the permit, the owner of the permit has the right to prove the fact of violation. In this case, the permitting authority should be guided by paragraph 2 of this article.

            4. The termination of the validity of permits for the storage and carrying weapons without prior suspension shall be made by the internal affairs authorities in the following cases:

            1) voluntary refusal from permission or the death of the weapon owner;

            2) the existence of a conviction for committing of a crime that has not been repaid or withdrawn in accordance with the procedure established by law;

            3) release from criminal liability on non-rehabilitating bases before the expiration of the lower limit of punishment in the form of deprivation of liberty, provided for by the relevant part of the article of the Special Part of the Criminal Code of the Republic of Kazakhstan;

            4) repeatedly committing an administrative offense within the year stipulated in Articles 127, 128, 131, 382, 434, 437, 438, 440, 443, 444, 448, 450, 462, 476, 477, 478, 481, 482, 484, 485, 485-1, 486, 487, 489, 490, 492, 493, 506 of the Code on Administrative Offenses of the Republic of Kazakhstan;

            5) the commission of a criminal offense under the articles 109, 287 (part one), 288 (part four), 289, 296 (part one), 337 (parts one and two), 346 (part one), 379 (part one), 389 (parts one and two) of the Criminal Code of the Republic of Kazakhstan and the administrative violation provided for in Articles 73, 436, 453 and 461 of the Code on Administrative Offenses of the Republic of Kazakhstan;

            6) occurrence of circumstances provided for by the legislation of the Republic of Kazakhstan excluding the possibility of obtaining permits;

            7) constructive alteration of civil or service weapons by the owner, which entailed a change in the ballistic and other technical characteristics of the specified weapons;

            8) inconsistencies between non-military and service weapons in technical regulations in the sphere of turnover of non-military and service weapons and cartridges to them as well as forensic requirements;

      8-1) in case of a failure to pass an exam for checking the knowledge of the rules for safe handling of non-military and service weapons within two months of receipt of an order requiring the owner and (or) user of a non-military and service weapon to have his/her knowledge of the rules for safe handling of weapons checked;

            9) if a person is registered with internal affairs bodies and (or) national security in the fight against extremism, terrorism or organized crime.

            The decision of the internal affairs body to terminate the permit to store or store and carry weapons can be appealed to the court.

            In the case of termination of a permit, a repeated application for its receipt is possible after three years from the date of termination. In the case of voluntary refusal of authorization, the time limits for re-applying for its receipt are not established.

            5. The internal affairs bodies shall refuse to issue permits for the purchase, storage or possession and carrying of weapons in the cases provided for in paragraphs 1 and 4 of this article.

            6. The requirements of this article apply to premium weapons.

      Footnote. Article 19 in the new wording of Law of the Republic of Kazakhstan№ 203-V dated 16.05.2014 (shall be enforced upon expiry of six months after the day its first official publication); as amended by Laws of the Republic of Kazakhstan № 236-V dated 05.07.2014 (hall be enforced from 01.01.2015); № 28-VІ dated 22.12.2016 (shall be enforced upon expiry of tеn calendar days after the day its first official publication); № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication).

Article 20. Withdrawal of a weapon and cartridges to it

      The withdrawal of a weapon and cartridges to it is made:

            1) by bodies of internal affairs in the following cases:

            the lack of licenses for the development, production and repair of non-military and service weapons and cartridges to them, trade, purchase, collecting or exhibiting, as well as permits for the storage or storage and carrying weapons;

            suspending or forfeiting these licenses and permits in accordance with the established procedure;

            violations of security requirements established by this Law and other regulatory legal acts of the Republic of Kazakhstan by legal or physical persons , the rules for transferring, purchasing, collecting, exposing, registering, storing, carrying, transporting and using weapons prior to the final decision in the order established by the legislation of the Republic of Kazakhstan;

            the death of the owner of the weapon until the issue of property inheritance is resolved;

            2) by bodies exercising state supervision over compliance with the rules of hunting, fishing, protection of nature and natural resources in cases of suppression the violations by citizens of the legislation of the Republic of Kazakhstan on environmental protection within their competence with the subsequent transfer of weapons to the internal affairs bodies;

            3) by the service of economic investigations in cases stipulated by the legislation of the Republic of Kazakhstan, with the subsequent transfer of weapons to the bodies of internal affairs;

            4) in other cases provided for by the legislation of the Republic of Kazakhstan, with the subsequent transfer of weapons to the bodies of internal affairs.

            Premium weapons are confiscated from citizens by the bodies of internal affairs for violations of the rules of storage, transportation and use in accordance with the current legislation.

            The procedure for the seizure of weapons and cartridges to them is determined by the authorized body in the sphere of control over the turnover of arms.

            Seized, voluntarily surrendered, as well as confiscated non-military and service weapons and cartridges to them, technically suitable for operation, are subject to disposal or sale through legal entities having licenses on trade non-military and service weapons in accordance with the legislation of the Republic of Kazakhstan.

      Footnote. Article 20 as amended by Laws of the Republic of Kazakhstan No. 209 dated 29 December 2006, (see Article 2 for the enactment procedure); No. 222 dated 12 January 2007 (shall be enforced upon expiry of 6 months from the date of its official publication); No. 383-IV dated 10.01.2011 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 107-V dated 21.06.2013 (shall be enforced upon expiry of thirty calendar days after its first official publication); No. 200-V dated 23.04.2014 (shall be enforced upon expiry of ten calendar days after the date of its first official publication); № 203-V dated 16.05.2014 (shall be enforced upon expiry of six months after the day its first official publication); № 248-V dated 07.11.2014 (shall be enforced upon expiry of ten calendar days after the day its first official publication.

Chapter 5. Turnover of particular types of weapon

Article 21. Manufacture of weapons and cartridges to them

      The manufacture of weapons, their main parts, assembly, alteration or repair of weapons in order to return the lost damaging properties to them, as well as cartridges to them is subject to licensing in accordance with the legislation of the Republic of Kazakhstan on permits and notifications.

            Legal entities that produce weapons and cartridges to them must ensure the safety of production, control over it, the appropriate quality of products, its accounting and safety.

            Each unit of manufactured weapons, with the exception of mechanical sprayers, aerosol and other devices equipped with tear or irritating substances, must have an individual number.

            Military hand-held small arms and ammunition are only manufactured to supply the Armed Forces, other troops and military formations, special state and law enforcement bodies, and also for export supplies in accordance with the rules for trafficking in weapons and military equipment approved by the Government of the Republic of Kazakhstan.

      Footnote. Article 21 as amended by Laws of the Republic of Kazakhstan No. 222 dated 12 January 2007 (shall be enforced upon expiry of six months from the date of its official publication); No. 200-V dated 23.04.2014 (shall be enforced upon expiry of ten calendar days after the date of its first official publication); № 203-V dated 16.05.2014 (shall be enforced upon expiry of six months after the day its first official publication); № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication).

Article 22. Trade in non-military and service weapons and cartridges

            1. Trade in non-military and service weapons and cartridges to them is carried out by organizations that have received licenses for this type of activity in accordance with the procedure established by law. Licenses for trade in non-military and service weapons and cartridges are issued by the authorized body in the sphere of control over the turnover of weapons only to organizations specially created for these purposes.

            2. Organizations engaged in the trade in weapons and cartridges to them are obliged:

            1) to have a certificate of conformity for the weapons being sold;

            2) to ensure accounting of purchased and sold weapons, as well as the storage of accounting records for 10 years;

            3) to require from the buyer (legal entity) a license for the purchase of this type of weapon, with the exception of weapons for which a license is not required;

            4) to register in the license or permit of the buyer the sold non-military and service weapons subject to registration, as well as in the hunter's license - hunting cold weapon;

            5) to submit to the internal affairs agencies information on the sold service and non-military weapons and its buyers in the order established by the authorized body in the sphere of control over the turnover of weapons monthly;

            6) to ensure the safety and security of their storage;

            7) to submit bullets and cartridges shot from the sold official and non-military weapons to the State Bullet and Shell Casing Repository;

            8) to ensure the personnel's knowledge of the legislation on the turnover of weapons.

            3. It is prohibited to trade arms to individuals and legal entities that have not granted permission to purchase this type of weapon, as well as to sell weapons without numbers and stamps or cartridges without the sign of compliance with the technical regulations in the sphere of circulation of civil and service weapons and cartridges to them.

            The trade in non-military and service weapons and cartridges to it must be suspended:

            1) at the request of the State Security Service for the period necessary for conducting protective measures;

            2) in cases provided for by legislative acts of the Republic of Kazakhstan.

            4. A legal entity engaged in the trade in non-military and service weapons and cartridges to them shall not have the right to engage in any other business activities, except for design, manufacture, repair, purchase, exhibiting, import and export of these weapons, purchase, import, export and trade in spare parts to them, sporting goods, hunting and fishing accessories, civil pyrotechnic substances and products with their use for domestic purposes, as well as the opening and functioning rifle shooting ranges and stands.

            Legal entities that hold licenses for trade in non-military and service weapons and cartridges to them are prohibited:

      1) to combine the sale in one trading hall of weapons and other types of goods, with the exception of sports, hunting and fishing equipment and spare parts for these weapons;

      2) to place a room for storing weapons and cartridges to them and trading them in residential buildings (residential buildings) in the areas of entertainment facilities, trade facilities where other types of goods, educational, health and cultural organizations, sports facilities, hotels, public catering facilities, railway stations, stations, subway lines, ports, airports, aerodromes;

      3) to exhibit weapons in the trading hall in a state that allows the production of a shot.)

            5. A license to trade in non-military and service weapons and cartridges to them does not give the right for opening the branches of legal entities established for trade in non-military and service weapons and cartridges to them.

            6. Legal entities that have licenses for trade in civil and service arms and cartridges to it have the right to purchase them from the entities specified in Article 12 of this Law.

      Footnote. Article 22 as amended by Law of the Republic of Kazakhstan No. 209 dated 29 December 2006 (see Article 2 for the enactment procedure); Law of the Republic of Kazakhstan No. 318 dated 27 July 2007 (see Article 2 for the enactment procedure); № 28-VІ dated 22.12.2016 (shall be enforced upon expiry of tеn calendar days after the day its first official publication).

Article 23. Sale or transfer of weapons

      1. The subjects having the right to acquire weapons in accordance with this Law may sell their non-military and service weapons and cartridges that they are legally entitled to legal entities that have licenses for the trade in non-military and service weapons, with prior notification of this fact the internal affairs bodies at the place of weapons registration.

      2. Excluded by Law of the Republic of Kazakhstan № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication).

            3. The citizens of the Republic of Kazakhstan have the right to alienate weapons that they are legally entitled to own to legal entities that have licenses for trade in non-military and service weapons or for collecting or exposing weapons, with prior notification of internal affairs bodies that issued them permits for storage, storage and carrying weapons, as well as to citizens who have permits to purchase weapons, after re-registering weapons in the internal affairs agencies at the place where weapons are registered.

            4. The legal entities specified in subparagraphs 2) to 8) of Article 12 of this Law may transfer non-military and service arms and cartridges to entities authorized to acquire them during reorganization or liquidation.

      Footnote. Article 23 as amended by Laws of the Republic of Kazakhstan No. 318 dated 27.07.2007 (see Article 2 for the enactment procedure); No. 372-IV dated 29.12.2010 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 200-V dated 23.04.2014 (shall be enforced upon expiry of ten calendar days after the date of its first official publication); № 479-V dated 29.03.2016 (shall be enforced upon expiry of twenty one calendar days after the day its first official publication); № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication).

Article 24. Awarding of weapon

      1. Honorary weapon is a weapon, received by the citizens of the Republic of Kazakhstan on the basis of Decree of the President of the Republic of Kazakhstan, regulation of the Government of the Republic of Kazakhstan.

      Citizens of the Republic of Kazakhstan may receive honorary weapon on the basis of award documents of the heads of foreign states, heads and members of the governments of foreign states.

      Permission for keeping and bearing of honorary weapon by the citizens of the Republic of Kazakhstan shall be issued by the authorized body in the scope of control of the turnover of weapon.

      The weapon may not be honorary enabling burst firing with the magazine (cylinder) capacity more than 10 ammunitions, as well as the weapon, prohibited for turnover by this Law in the territory of the Republic of Kazakhstan.

      2. In case of death of the owner of honorary weapon, the mentioned weapon shall be surrendered to the bodies of internal affairs.

      3. Honorary weapon mat be transferred for keeping in museums after the relevant reregistration and refurnishment of the weapon by the bodies of internal affairs.

Article 25. Import of weapons and cartridges to the territory of the Republic of Kazakhstan and its export from the Republic of Kazakhstan

      1. The importation into and exportation from the territory of the Republic of Kazakhstan of military hand-held small arms and cold weapons shall be carried out in accordance with the legislation of the Republic of Kazakhstan.

            2. Import of non-military and service weapons and cartridges to the territory of the Republic of Kazakhstan and its export from the territory of the Republic of Kazakhstan is carried out on the basis of conclusion issued by the authorized body in the field of control over the turnover of weapons in accordance with the legislation of the Republic of Kazakhstan.

            The transit of non-military and service weapons and cartridges through the territory of the Republic of Kazakhstan is carried out on the basis of the conclusion of the authorized body in the field of control over the turnover of weapons in accordance with the legislation of the Republic of Kazakhstan.

            3. Import of single copies of civil and service weapons and cartridges to them to the territory of the Republic of Kazakhstan, its import from the territory of the Republic of Kazakhstan, as well as transit through the territory of the Republic of Kazakhstan is carried out on the basis of the conclusions of the bodies of internal affairs, taking into account the requirements of this Law.

      Footnote. Article 25 as amended by Law of the Republic of Kazakhstan No. 107-V dated 21.06.2013 (shall be enforced upon expiry of thirty calendar days after its first official publication); № 479-V dated 29.03.2016 (shall be enforced upon expiry of twenty one calendar days after the day its first official publication); № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication).

Article 26. Acquisition of non-military weapon and ammunition to it, military hand-held small arms weapon and ammunition to it in the territory of the Republic of Kazakhstan, as well as their import in the Republic of Kazakhstan and export from the Republic of Kazakhstan by foreign persons

      1. Foreign persons, registered in the bodies of internal affairs in established manner for residence in the territory of the Republic of Kazakhstan for the term of no less than one year, shall have the right to acquisition of gas guns and revolvers in the Republic of Kazakhstan on general basis upon the applications of diplomatic representatives of the state, the citizens of which they are.

      Foreign persons, registered in the bodies of internal affairs in established manner for residence in the territory of the Republic of Kazakhstan, shall acquire mechanical sprays, aerosolized and other tools, charged with lachrymatory or irritating agents, pneumatic weapon with muzzle energy no more than 7,5 J and bore up to 4,5 mm without receipt of permission.

      2. Foreign persons, arrived at the territory of the Republic of Kazakhstan on tourist tickets, private and official business, and registered in the bodies of internal affairs in established manner for residence in the territory of the Republic of Kazakhstan shall have the right to acquire non-military weapon on general basis upon the applications of diplomatic representatives of the state, the citizens of which they are, upon condition of its exportation from the Republic of Kazakhstan within seven days from the date of its acquisition.

      3. Diplomatic and administrative and technical staff of embassies, accredited in the Republic of Kazakhstan shall be allowed to import, acquire and export non-military weapon in the cases and in the manner, established by interstate agreements. By this, the mentioned weapon shall be subject to registration compulsorily in the authorized body in the scope of control of turnover of weapon.

      4. Non-military weapon and ammunition to it may be imported by foreign persons in the territory of the Republic of Kazakhstan in existence of the contract for hunting or invitation for taking part in sporting events and on the basis of the relevant conclusion of the authorized body in the scope of control of turnover of weapon. Imported weapon shall be exported from the Republic of Kazakhstan within the terms, established by contract or invitation.

      5. Import of the military hand-held small arms weapon in the territory of the Republic of Kazakhstan, their export from the territory of the Republic of Kazakhstan, as well as transit through the territory of the Republic of Kazakhstan by employees of foreign law enforcement bodies, special services and paramilitary organizations, arrived in the Republic of Kazakhstan according to invitation or due to performance of their official duties, shall be carried out in accordance with the conclusion of the heads of the relevant bodies in the manner, determined by the Government of the Republic of Kazakhstan.

      6. Weapon, imported in the territory of the Republic of Kazakhstan shall be used in accordance with the legislation of the Republic of Kazakhstan.

      7. Violation of terms of exporting weapon and ammunition to it by foreign persons from the Republic of Kazakhstan shall entail its withdrawal till solving the question in the manner, established by the Law.

      8. The state duty shall be collected for issuance of conclusion on import of non-military and service weapon and ammunition to it in the territory of the Republic of Kazakhstan and their export from the territory of the Republic of Kazakhstan in accordance with the tax legislation of the Republic of Kazakhstan.

      9. The right of granting or selling their imported non-military weapon shall be preserved for foreign persons in the manner, established by the legislation of the Republic of Kazakhstan.

      Footnote. Article 26 as amended by Laws of the Republic of Kazakhstan No. 11 dated 13.12.2004 (shall be enforced from 01.01.2005); No. 318 dated 27.07.2007 (see Article 2 for the enactment procedure); No. 107-V dated 21.06.2013 (shall be enforced from 01.01.2014); No. 200-V dated 23.04.2014 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 27. Storage, carrying, transporting, collecting, exposing and destroying civil and service weapons and cartridges to them

      Footnote. Title of Article 27 is in the wording of Law of the Republic of Kazakhstan No. 107-V dated 21.06.2013 (shall be enforced upon expiry of thirty calendar days after its first official publication).

      1. Storage of non-military and service weapons and cartridges is allowed to legal entities and individuals who have received permission to store, store and carry weapons in the internal affairs bodies.

            2. Legal entities and individuals are prohibited to store and use firearms that they have found or transferred in violation of the legislation of the Republic of Kazakhstan that they are not the owners. Such weapons are subject to immediate delivery to the internal affairs bodies.

            3. Legal entities and individuals who have the appropriate licenses from the internal affairs bodies have the right for collecting and exhibiting of non-military and service weapons on the territory of the Republic of Kazakhstan are open to.

            It is prohibited to exhibit non-military and service weapons in a state that allows the production of a shot.

            4. The procedure for registering, storing, carrying, transporting, collecting, exhibiting and destroying of non-military and service weapons and cartridges to them is determined by the authorized body in the field of arms control.

      Footnote. Article 27 as amended by Laws of the Republic of Kazakhstan No. 209 dated 29.12.2006 (see Article 2 for the enactment procedure); No. 107-V dated 21.06.2013 (shall be enforced upon expiry of thirty calendar days after its first official publication); № 28-VІ dated 22.12.2016 (shall be enforced upon expiry of tеn calendar days after the day its first official publication).

Chapter 6. Powers of the Government of the Republic of Kazakhstan, bodies of internal affairs in the scope of turnover of weapon

Article 28. Competence of the Government of the Republic of Kazakhstan in the scope of turnover of weapon

      The Government of the Republic of Kazakhstan in the sphere of weapons turnover:

      1) excluded by Law of the Republic of Kazakhstan № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication);
      2) Is excluded – by № 222 dated 12.01.2007 );
            3) excluded by Law of the Republic of Kazakhstan № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication);

      3-1) establishes the procedure for the formation of the State bullet and shell casing repository;


      4) Is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication);
      5) Is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication);
      6) Is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication);
      7) Is excluded by № 222 dated 12.01.2007 );
      8) Is excluded);
      9) Is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication);
      10) Is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication);
      11) Is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication);

      12) performs other functions entrusted to it by the Constitution, laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

      Footnote. Article 28 as amended by Laws of the Republic of Kazakhstan No. 11 dated 13 December 2004, (shall be enforced from 1 January 2005); No. 13 dated 20 December 2004, (shall be enforced from 1 January 2005); No. 209 dated 29 December 2006 (see Article 2 for the enactment procedure); No. 222 dated 12 January 2007 (shall be enforced upon expiry of 6 months from the date of its official publication); No. 318 dated 27 July 2007 (see Article 2 for the enactment procedure); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 05.07.2011 № 452-IV (shall be enforced from 13.10.2011); № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication); № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication).

Article 29. The competence of the bodies of internal affairs in the sphere of turnover of non-military and service weapons

            1. The authorized body in the sphere of control over the weapons turnover:

      1) excluded by Law of the Republic of Kazakhstan № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication);

            2) organizes and carries out state control over the turnover of non-military and service weapons;

            3) issues licenses for:

            the right to design, produce, repair, trade, collect, exhibit non-military and service weapons and cartridges to them;

            the right to design, produce, trade, use non-military pyrotechnic substances and products with their use;

            4) issues conclusions on import into the territory of the Republic of Kazakhstan, export from the territory of the Republic of Kazakhstan, as well as transit throughout the territory of the Republic of Kazakhstan of non-military and service weapons and cartridges to them;

      4-1) issues directions for the commission sale of non-military and service weapons and ammunition;

            5) (is excluded)

            6) develops and approves the Cadastre of non-military and service weapons and cartridges to them;

            7) develops technical regulations in the sphere of turnover of non-military and service weapons and cartridges to them;

            8) develops forensic requirements and methods for testing non-military and service weapons and cartridges;

            8-1) develops and approves:

      the rules for turnover of non-military and service weapons and ammunition;

      the rules for safe handling of non-military and service weapons;

      programs for the training and retraining of owners and users of non-military and service weapons;

      criteria for organizations engaged in the training and retraining of owners and users of non-military and service weapons;

            8-2) approves the forensic requirements and methods of testing non-military and service weapons and cartridges to them;

            8-3) establishes the procedure for voluntarily surrender of illegally stored firearms, ammunition and explosives by the citizens;

            8-4) determines the procedure for the design, publication and maintenance of the State Cadastre of non-military and service weapons and cartridges to them;

            8-5) establishes the procedure for the formation of the State Pullegilzoteka Utility;

            8-6) approves technical regulations in the sphere of turnover of non-military and service weapons and cartridges to them;

            9) exercises other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

            2. The powers of territorial bodies of internal affairs and transport that control the turnover of non-military and service weapons are determined by this Law and other regulatory legal acts of the Republic of Kazakhstan regulating the turnover of weapons.

      Footnote. Article 29 as amended by Laws of the Republic of Kazakhstan No. 297 dated 22 February 2002,; No. 13 dated 20 December 2004, (shall be enforced from 1 January 2005); No. 09 dated 29 December 2006 (see Article 2 for the enactment procedure); No. 222 dated 12 January 2007 (shall be enforced upon expiry of 6 months from the date if its official publication); No. 318 dated 27 July 2007 (see Article 2 for the enactment procedure); No. 452-IV dated 05.07.2011 (shall be enforced from 13.10.2011); No. 461-IV dated 15.07.2011 (shall be enforced from 30.01.2012); No. 107-V dated 21.06.2013 (shall be enforced upon expiry of thirty calendar days after its first official publication); No. 200-V dated 23.04.2014 (shall be enforced upon expiry of ten calendar days after the date of its first official publication); № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication); № 479-V dated 29.03.2016 (shall be enforced upon expiry of twenty one calendar days after the day its first official publication); № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication).

Chapter 7. Final provisions

Article 30. State control of turnover of weapon

            1. State control over the turnover of non-military and service weapons and cartridges to them on the territory of the Republic of Kazakhstan is exercised by the bodies of internal affairs.

            The state control over the turnover of weapons in the arsenal of the Armed Forces, other troops and military formations, special state and law enforcement bodies is exercised by the heads of these bodies in the order determined by the Government of the Republic of Kazakhstan.

            2. Officials of bodies authorized to exercise state control over the turnover of non-military and service arms have the right:

            1) to inspect weapons in the areas of its design, manufacture, repair, trade, collecting, exhibiting, storing, using and destroying;

            2) to gratuitously withdraw and destroy in the prescribed order weapons prohibited for turnover on the territory of the Republic of Kazakhstan, with the exception of weapons acquired prior to the entry into force of this Law and held by the owners legally;

            3) to require from individuals and legal entities to submit documents related to the turnover of non-military and service weapons and cartridges to them;

            4) to give instructions mandatory for both individuals and legal entities on elimination of these violations upon revealing violations of established rules;

            5) to carry out checks that are of a sudden nature, including after-hours (night, weekend or public holidays), for compliance with the requirements for ensuring the safety of weapons and cartridges;

            6) to remove weapons and cartridges and hand them over to the internal affairs authorities until the violations are identified if violations of the requirements of storage conditions and technical strengthening established by the legislation of the Republic of Kazakhstan are found;

            7) to take other measures stipulated by the legislation of the Republic of Kazakhstan.

            3. Officials of bodies authorized to exercise state control over the turnover and of non-military and service weapons are obliged to carry out inspections of legal entities at least once a quarter, owners of civilian weapons - at least once a year.

            4. When exercising state control over the turnover of non-military and service weapons and cartridges to them on the territory of the Republic of Kazakhstan, the distribution of the audited subjects (objects) in groups is not required on the basis of risk assessment, drawing up of checklists, registration of acts on the appointment of inspections in the authorized body on legal statistics and special records, notification of the audited entity about the beginning of the audit.

            5. Officials of bodies authorized to exercise state control over the turnover of non-military and service weapons are required to maintain departmental records and draw up acts on the appointment and results of the audit.

      Footnote. Article 30 in the new wording of Law of the Republic of Kazakhstan № 28-VІ dated 22.12.2016 (shall be enforced upon expiry of tеn calendar days after the day its first official publication).

Article 31. Supervision of observance of legality in the sphere of state control over the circulation of certain types of weapons

            The highest supervision of compliance with the law in the sphere of state control over the turnover of certain types of weapons is carried out by the prosecutor's office of the Republic of Kazakhstan.

      Footnote. Article 31 in the new wording of Law of the Republic of Kazakhstan № 91-VI dated 11.07.2017 (shall be enforced upon expiry of tеn calendar days after the day of its first official publication).

Article 32. Responsibility for violation of the legislation in the scope of state control of turnover of particular types of weapon

      Legal entities and individuals shall bear responsibility for violation of the legislation in the scope of state control of turnover of particular types of weapon in accordance with the Laws of the Republic of Kazakhstan.

      Footnote. Article 32 as amended by Law of the Republic of Kazakhstan No. 209 dated 29 December 2006 (see Article 2 for the enactment procedure).

Article 33. Bringing of regulatory legal acts to conformity with this Law

      Legislation of the Republic of Kazakhstan, being in force as from the date of enforcement of this Law shall be applied in the part, not inconsistent with it, and shall be brought to conformity with it within three months from the date of its enforcement.

The President
of the Republic of Kazakhstan



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