The law on weapons, ammunition and relevant security equipment for authorized state security institutions 2010

LAW No.03/L –246

ON WEAPONS, AMMUNITION AND RELEVANT SECURITY EQUIPMENT FOR AUTHORIZED STATE SECURITY INSTITUTIONS

The Assembly of Republic of Kosovo;

Based on Article 65 (1) of the Constitution of Republic of Kosovo,

Adopts:

THE LAW ON WEAPONS, AMMUNITION AND RELEVANT SECURITY EQUIPMENT FOR AUTHORIZED STATE SECURITY INSTITUTIONS

CHAPTER I

GENERAL PROVISIONS

Article 1

Aim

The aim of this Law is to establish legal provisions regarding equipping authorized state security institutions with weapons, ammunition and relevant security equipment.

Article 2

ScopeThis Law regulates the production, repair, trade, import, export, marking, evidencing, safety during stockpiling and transport, and assessment of compliance with the prescribed requirements of weapons, ammunition and relevant security equipment for the needs of authorized state security institutions except for the needs of the Kosovo Security Force.

Article 3

Definitions

1. Terms used in this Law have the following meaning:

1.1. Authorised State Security Institutions - the Kosovo Police, Kosovo Police Inspectorate, Kosovo Intelligence Agency, Correctional Services, Kosovo Custom and Kosovo Forestry Agency;

1.2. Equipment for Special Purposes (ESP) - weapons, ammunition and relevant security equipment for state security institutions;

1.3. Weapon - means but not limited to, any object or device manufactured in the way that under pressure of gasses, which are released during the burning of explosive, electricity, materials, compressed gas or other potential energy, expels projectiles in the form of a bullet, shotgun shells, gas, liquid, arrows or other components, which is designed or used for inflicting bodily harm or physical damage or used to damage, even psychologically, and also any other object which main purpose is carrying out a physical attack towards physical integrity of people or property;

1.4. A firearm - a device that can be used as a weapon that fires either single or multiple projectiles propelled at high velocity by the gases produced through rapid, confined burning of a propellant, or by other means of propulsion of the projectile dispelled from the firearm;

1.5. Short firearm- a firearm, with a barrel not exceeding 30 cm or whose overall length does not exceed 60 cm;

1.6. Long firearm- any firearm with a barrel exceeding 30 cm or whose overall length exceeds 60 cm;

1.7. Automatic firearm- a firearm which reloads automatically each time a round is fired and can fire more than one round with one pull of the trigger;

1.8. Semi-automatic firearm- a firearm which reloads automatically each time a round is fired and can fire only one round with one pull of the trigger;

1.9. Repeating firearm- a firearm which after a round has been fired is designed to be reloaded from a magazine or cylinder by means of manually-operated action;

1.10. Directed energy weapons (DEW) - a type of weapon that emits energy in an aimed direction without the means of a projectile. It transfers energy to a target for a desired effect;

1.11. Weapons for the use of agents - all types of rifles, pistols, revolvers and other devices, which under pressure of gunpowder, gases or other kind of gas, spread in one direction irritating gas which has an impact on people’s health;

1.12. Firearm for light-acoustic signalization- a firearm typically used as a distress signal as well as other signaling purposes at sea and between aircraft and people on the ground, including all types of pistols, revolvers and other devices, which under the pressure of gun powder or gases fire or throw signaling shots in a direction and expel or disperse projectiles with the exclusion of flare pistols for military use;

1.13. Explosive weapon- any type of, but not limited to, bomb, mine, rocket, grenade or other device that contains explosive substances or inflammable materials, to which due to internal or external action (weight, impact, friction, chemical reaction, electric energy and similar) causes release or creation of energy and explosion. As explosive weapons, according to this Law, are considered also parts of the explosives, detonators, pyrotechnics or other parts for which it is obvious that they are intended for preparation of explosive weapons. This definition is meant to include Thermobaric weapons distinguish themselves from conventional explosive weapons by using atmospheric oxygen, instead of carrying an oxidizer in their explosives. Thermobaric weapons are also called high-impulse thermobaric weapons (HITs), fuel-air explosives (FAE or FAX) or sometimes fuel- air munitions, heat and pressure weapons, or vacuum bombs;

1.14. Cold weapon- any object to conduct an assault or cause body injuries, by using physical force by the attacker when these are carried in public gatherings, premises and similar places;

1.15. Electroshock weapon- a weapon that is considered an incapacitatant weapon used for subduing a person or animal by administering electric shock aimed at disrupting superficial muscle functions. Additionally, an electroshock weapons means, but not limited to, stun guns and stun batons administer an electric shock by direct contact;

1.16. Main part of the fire arm- any element or specifically designed for a firearm and essential to its operation: including, but not limited to trigger mechanism, firing pin, barrel, frame or receiver, slide or cylinder, bolt or breech block, bolt and bolt assembly group;

1.17. Special equipment for firearms- each mechanism which is produced and dedicated for upgrading of the basic weapon nomenclature which through its application increases the abilities and quality of the use of firearms, apart from an optic sight;

1.18. Suppressor or silencer- a device either attached to or part of the barrel of a firearm to reduce the amount of report sound and or flash generated by firing the weapon;

1.19. Firearms optical instrument sighting devices (also referred to as “police firearm optics”)- devices authorized for Police use, which may be manufactured directly to or affixed to a firearm, for the purposes of target acquisition or target acquiring, but does not include normally affixed iron sights, peep-ights, and retractable iron or peep sights. Firearms optics shall be understood to include a device meant to enhance the authorized user’s ability to identify, recognize, range; by magnification, non-magnifying targeting aids, sound, direct non-lethal laser sighting, infrared sighting, or optics allowing target acquisitions to be produced in levels of light approaching total darkness, and / or acquire a target which would assist in a legitimate policing objective;

1.20. Ammunition- projectiles such as bullets, air gun pellets, and shot, together with their fuses and primers that can be fired from guns or otherwise propelled. The definition shall include, but with technological advances, is not limited to;

1.21. A round- a single unit of ammunition; for a modern small arms cartridge this is the combination of bullet, propellant, primer and cartridge case in a single unit;

1.22. Shot- a large numbers of small projectiles intended to be fired all at once in a single discharge; hand-held guns designed for this type of ammunition are generally known as shotguns;

1.23. An air gun pellet- a non-spherical projectile designed to be fired from an air gun;

1.24. Ammunition with high penetrating level- (commonly referred to as armor piercing rounds) any handgun or rifle bullet or handgun and rifle ammunition with projectiles or projectile cores constructed entirely (excluding the presence of traces of other substances) from tungsten alloys, steel, iron, brass, bronze, beryllium copper or depleted uranium, or fully jacketed bullets larger than 22 caliber designed and intended for use in a handgun or rifles and whose jacket has a weight of more than 25% of the total weight of the projectile, and excluding those handgun or rifle projectiles whose cores are composed of soft materials such as lead or lead alloys, zinc or zinc alloys, frangible projectiles designed primarily for sporting purposes, and any other projectiles or projectile cores that primarily intended to be used for sporting purposes or industrial purposes or that otherwise does not constitute” “armor piercing ammunition”” as that term is defined by law. The definition contained herein shall not be construed to include shotgun shells, unless meeting above said definition;

1.25. Ammunition with explosive projectiles- ammunition dedicated only for use by institutions of the law enforcement, of which the bullet contains a filling which explodes at the time of impact or has a set timed or delayed fuse which will cause the round to detonate at a predetermined time;

1.26. Ammunition with flammable bullets- means, but is not limited to ammunition dedicated for law enforcement use, of which the bullets contain chemical inflammable mixtures, and may include ammunition that contains exothermic pyrophoric mesh metal as the projectile and is designed for the purpose of throwing or spewing a flame or fireball to simulate a flamethrower;

1.27. Tracer ammunition- an ammunition type that traces its own course in the air with a trail of smoke or fire, so as to facilitate adjustment of the aim. Tracer ammunition use special bullets that are modified to accept a small pyrotechnic charge in their base. Ignited upon firing, the composition burns very brightly making the projectile visible to the naked eye;

1.28. Ammunition for weapons for use of agents- ammunition which contains a chemical filling with a gas round, which impacts on the health of people or animals;

1.29. Carrying of weapon- all manners of carrying by which the weapon is ready for immediate use by its possessor, or that the possessor has immediate access to the weapon;

1.30. By manufacturing of weapons and ammunition - every activity of research, study, development, producing, reproducing and assembly of weapons , parts of weapons and ammunition, except activities carried out by the owner of hunting weapons or sport weapons in order to reload ammunition for personal needs, which is used as hunting weapons or sports weapons;

1.31. By repair of weapons- eliminating of defects or maintenance to the firearm and replacement of inoperable, worn and or defect parts of firearms with original working parts as needed or required;

1.32. Trade of weapons, ammunition and parts of firearms- supplying firearms, ammunition and parts of firearms and ammunition with purpose of selling, brokering, transaction and storing of firearms and ammunition. As trade is also considered export, import and transit of a quantity of firearms and ammunition between legal entities. Brokering is the activity of legal entities or natural persons who act as agents for others in negotiating or arranging contracts, purchase, sale or transfer of firearms, ammunition or parts of firearms in return for a fee or other compensation;

1.33. Transportation of weapon and ammunition- the shipping of firearms, parts of firearms and ammunition from supplier to the person or entity acquiring these items;

1.34. Police equipment- any equipment determined by the Law on Police;

1.35. Weapons used during force exercise in continuity by the police commonly referred as non-lethal weapons or compliance weapons- weapons intended to be unlikely to kill or to cause great bodily injury to a living target;

1.36. Weapons classified as A1 category- weapons that may be used to disperse by a launching mechanism (i.e. 37 mm) gas munitions, compliance munitions, or breaching munitions. In no manner is this definition to be interpreted that the use of a weapon in the A1 category are for any other purpose that those described in this Law;

1.37. Responsible person- an individual who is legally responsible for the activities of applicant or licensee;

1.38. Competent Body -the Ministry of Internal Affairs;

1.39. Modification of firearms- changing the initial category of firearms by adding additional parts or equipment;

1.40. Internal parts cleaning- the first level of repairing that a user it is unable to manage or clean without proper training and without armorer certification or necessary armorer tools.

2. Special Collective equipment that are subject of the certificate of final user, in accordance with the Common Attitude on Arms Export respectively Military list may contain the following items:

2.1. munition and equipment for placement of primers, components designed specifically (ML 3)

2.2. fire control and related alerting and warning equipment, and related systems, test and alignment and countermeasure equipment, as follows: target acquisition, designation, range finidng, surveillance or tracking systems, detection, data fusion, recognition and identification equipment, and sensor integration equipment (ML5);

2.3. ground vehicle and components, as follows: armored vehicles; armoured protection of vital parts, blackout lightning (ML 6);

2.4. riot control chemical agents (ML 7);

2.5. armoured or protective equipment (ML 13) as follows helmets, shields and body armor;

2.6. simulators for training of any firearm (ML 14);

2.7. Imaging equipment (ML 15) as follows: Recorders, cameras, image intensifier equipment, infrared or thermal imaging equipment;

2.8. Miscellaneous equipment (ML 17) as follows as robots.

3. Authorized list for equipment for special purposes is the list of equipment based on state needs and based on requests of security state institutions which shall be approved by the Prime Minister after consultations with Kosovo Security Council.

Article 4

Responsibilities

1. The Competent Body in compliance with given authorizations shall conduct the activities of supervision over manufacturing, repair, trade, import, export, storage and marking ESP in accordance to this Law and maintains an integrated database on imported and exported items as described in this Law.

2. Competent Body shall maintain a central database which includes all weapons, ammunition and explosives within the Republic of Kosovo. The database shall be accessible by the various institutions based upon needs of the institution.

3. Authorized state security institutions shall assign a responsible person for cooperation with the competent body regarding the activities defined to in paragraph 1 of this Article.

4. In accordance with the national list of authorized equipment signed by the Prime Minister, the Competent Body shall be the central approving authority for all transfers and procurement of the ESP, in accordance with this Law and other laws related to the security sector except for the equipment for the needs of the Kosovo Security Force.

5. Data resulting from implementation of this Law shall be maintained for a minimum of twenty (20) years.

6. The competent body shall compile the annual report for weapon export according to the Law on Trade of Strategic Goods.

Article 5

Categories of Weapons

1. The following categories of weapons may be used by the Kosovo Police based on the Law on Weapons:

1.1. Category A1. 37 mm or like launching platforms restricted as defined to above;

1.2. Category A2. Automatic Firearms;

1.3. Category A6. Firearms with mounted silencer;

1.4. Category A7. Weapons with rifled barrels over 12,7 mm;

1.5. Category A8. Semi Automatic firearms for civilian use which resemble weapons with a mechanisms automatic;

1.6. Category A9. Explosives and its parts;

1.7. Category A10. Weapons for the use of agens and its ammunition;

1.8. Category A11. Special equipment for firearms;

1.9. Category A12. Electric Paralyser (Electro Shock Weapons);

1.10. Category A13. Tracing ammunition;

1.11. Category A17. Firearms with Polygonal Barrels ( pistols);

1.12. Category B1.Semi Automatic or repeating short firearm;

1.13. Category B2. Single Shot short firearms with centre fire percussion;

1.14. Category B3. Single Shot short firearms with rim fire percussion whose overall length is less than 28 cm;

1.15. Category B4. Semi Automatic long firearm whose magazine and chamber can together hold more than three rounds;

1.16. Category B5. Semi Automatic long firearm whose magazine and chamber cannot together hold more than three rounds, where the loading device is removable or where it is not certain that the weapon cannot be converted, with ordinary tools into a weapon whose magazine and chamber together hold more than three rounds;

1.17. Weapons B6. Repeating and semi- automatic long firearms with smooth bore barrels not longer than 60 cm in length;

1.18. Category C1. Repeating long firearms other than those listed in Category B, point 6;

1.19. Category C2. Long firearm with single shot rifled barrels;

1.20. Category C3. Semi Automatic long firearms other than those in Category B, points 4, 5, 6, 7;

1.21. Category C4. Single Shot short firearms with rim fire percussion whose overall length is not less than 28 cm;

1.22. Category C5. Single Shot short firearms with smooth bore barrels;

1.23. Category C6, Weapons for light acoustic signalization;

1.24. Category C7. Adapters;

1.25. Category D4, Cold weapons.

2. The following categories of weapons may be used by the Kosovo Intelligence Agency:

2.1. Category B1 Semi – automatic or repeating short Firearms and limited to pistols;

2.2. Category A17 Firearms with polygonal barrels and limited to pistols;

3. The following categories of weapons maybe used by the Correctional Services and these categories:

3.1. Category B1 (Semi – automatic or repeating short Firearms) and limited to pistols;

3.2. Category B6 Repeating or Semi Automatic long firearms with smooth bore barrels not exceeding 60 cm in length);

3.3. Category C1 (Repeating or Semi Automatic long firearms with smooth bore barrels exceeding 60 cm in length) ( shotguns);

3.4. Category A1. 37 mm or like launching platforms restricted as explained in definition;

3.5. Category A 17 Firearms with polygonal barrels and limited to pistols;

3.6. Category A2. Automatic Firearms.

4. The following categories of weapons can be used by the Kosovo Customs:

4.1. Category B1 (Semi – automatic or repeating short Firearms) and limited to pistols;

4.2. Category A 17 Firearms with polygonal barrels and limited to pistols.

5. The following categories of weapons may be used by the Kosovo Forestry Agency:

5.1. Category B6 (Repeating or Semi Automatic long firearms with smooth bore barrels not exceeding 60 cm in length); and

5.2. Category C1 (Repeating or Semi Automatic long firearms with smooth bore barrels exceeding 60 cm in length) ( hunting rifles).

6. The following categories of weapons may be used by the Kosovo Police Inspectorate:

6.1. Category B1 (Semi – automatic or repeating short Firearms) and limited to pistols;

6.2. Category A 17 Firearms with polygonal barrels and limited to pistols.

Article 6

Ammunition

State security institutions may purchase ammunition for weapons mentioned in Article 5 of this law in accordance with their requirements.

Article 7

Equipment

1. State security institutions may propose to purchase the equipment from the military list based on their responsibilities and the Law on Trade of Strategic Goods.

2. Other security equipment that are not mentioned in EU military list and in the Law on Trade of Strategic Goods may be purchased based on the Law on Public Procurement.

CHAPTER II

PRUDUCTION AND REPAIR OF ESP

Article 8

Production and Repair – General Information

1. Production of ESP subject to this Law shall be based on the request of the Competent Body and the authorized state security institutions as enacted by the Assembly of the Republic of Kosovo following the proposal of the Government of the Republic of Kosovo.

2. Production of armament and equipment subject to this Law for the requirements of the civilian market shall be prohibited.

3. Authorized state security institutions shall assign a responsible person for repair and evaluation. The responsible person shall assess if the repair can be accomplished by first level or second level repair shops, or to be sent to the gun manufacturer for repair.

3.1. First level repair shall mean that the repair is completed or performed by a certified weapons armorer, specific to the type of weapon needing repair. First level repair, shall mean, and is limited to:

3.1.1. instructing users in proper and safe handling of firearms;

3.1.2. complete disassembly and reassembly inspections for proper usage;

3.1.3. sighting adjustments on fixed sighted firearms;

3.1.4. internal parts cleaning;

3.1.5. includes repairs, inspections, and tests handguns, rifles, and shotguns according to the respective armorer certification and tools authorized by the department;

3.1.6. inspects and test the weapons used by officials for shootings; writing and maintaining records of inspection and test results, as allowed by the respective armorer certification and tools available;

3.2. Second level repair shall mean the repair performed by a certified weapons armorer, specific to the type of weapon needing repair, and is not limited only to:

3.2.1. all points as described for first level repair;

3.2.2. straightening of barrels and firing pins;

3.2.3. trigger mechanism repair;

3.2.4. bolt and bolt assembly repair;

3.2.5. retaining rod and retaining rod spring(s) repairs;

3.2.6. upper receiver repair;

3.2.7. lower receiver repair;

3.2.8. repair of fixed and non-fixed firearm sighting systems;

3.2.9. magazine well repair;

3.2.10. specific and specialized repairs as allowed by the respective armorer certification and tools available according to laws and instructions of the Government of Kosovo, Competent Body and the Kosovo Police, regarding weapon specifications; and

3.2.11. inspections, tests, and modifications necessary of the weapons to ensure compliance with the Government of Kosovo, Competent Body and Kosovo Police laws, rules and regulations regarding weapon specifications, as allowed by the respective armorer certification and tools available.

4. The responsible person referred to in paragraph 3 of this Article shall be allowed to exercise such listed responsibilities as described upon certification as armorer for the respective weapon / firearm as regulated under this Law and the Law on Weapons, and to ensure compliance with the Government of the Republic of Kosovo, Competent Body and Law on Kosovo Police in relation to the rules and regulations regarding weapon specifications.

5. Authorised security institutions shall be allowed to outsource the repair on the budget of their respective institutions.

Article 9

License for production of ESP

1. Production of ESP, shall be conducted by licensees with a principle place of business in territory of the Republic of Kosovo and has obtained a license for production according to the Law on Weapons.

2. Applicants for production in ESP shall file a request for license to produce ESP, which shall contain the following information:

2.1. name of the legal entity applicant and responsible person;

2.2. certificate of registration of the applicant in the business register of the Republic of Kosovo;

2.3. court certificate that verifies there are no criminal proceedings ongoing against that applicant;

2.4. certificate of the Competent Body that the installation of the applicant fulfills the conditions for storing of weapons;

2.5. license for production of weapons and ammunition in accordance with the law on weapons;

3. The request for this type of license shall be treated by the commissions established according to the law on weapons;

4. The license from paragraph 1 of this Article shall be issued by the Competent Body, upon approval by the Ministry of the Security Force.

Article 10

Scope of License for production

1. The license of Article 7 of this Law may be issued for production for all types of ESP, or solely for certain categories/types of ESP.

2. The license from paragraph 1 of this Article shall not be valid if the licensee has not started its activity within one year after the issuing of the license.

3. Timeframe from paragraph 2 of this Article may be extended if it is proven that new circumstances have occurred which influence the beginning of the production of ESP, but which cannot be more than one (1) year.

Article 11

Duty of the Licensee

1. ESP, in the process of production, shall only be used by persons employed and licensed.

2. ESP shall not be intermingled with equipment for the civilian market.

3. ESP shall not be exposed and used by to unauthorized personnel.

4. Licensees shall ensure permanent physical-technical protection on the premises where the ESP is stored.

Article 12

License for repair of ESP

1. Repair of ESP shall be conducted by licensees with a principle place of business in territory of the Republic of Kosovo and has obtained a license for repair according to the Law on Weapons.

2. Request for license to repair ESP, shall contain the following information:

2.1. name of the legal entity applicant and responsible person;

2.2. certificate of registration of the applicant in the business register of the Republic of Kosovo;

2.3. court certificate that verifies there are no criminal proceedings ongoing against that applicant;

2.4. certificate of the competent body that the installation of the applicant fulfills the conditions for storing of weapons;

2.5. license for repair in weapons and ammunition in accordance with the Law on Weapons.

3. The request for this type of license shall be reviewed by the commissions according to the Law on Weapons.

4. The license from paragraph 1 of this Article shall be issued by the competent body, upon approval by the Ministry of Security Force.

Article 13

Scope of License for repair

1. The license of Article 10 of this Law may be issued for repair for of all types of ESP, or solely for certain categories/types of ESP.

2. The license from paragraph 1 of this Article shall not be valid if the licensee has not started its activity within one year after the issuing of the license.

3. Timeframe from paragraph 2 of this Article may be extended if it is proven that new circumstances have occurred which influence the beginning of the repair of ESP, which cannot be more than one (1) year.

Article 14

Duty of the Licensee for repair

1. The licensee is obliged that ESP, in the process of repair, shall only be used by persons employed and authorized by the license.

2. ESP shall not be intermingled with equipment for the civilian market.

3. ESP shall not be exposed and used by unauthorized personnel.

4. Licensees shall ensure permanent physical-technical protection on the premises where the ESP is stored.

5. Weapon shall not leave the premises of the licensee while the weapon is being repaired. The test shooting, if needed, shall be performed in a location agreed upon and under supervision of the competent body.

6. The licensee from Article 10 of this Law, shall use ammunition stockpiled by the Competent Body for the test shooting of the weapon during repair.

7. During the repair of ESP type weapons by the licensee the following records shall be held (but not limited to):

7.1. repair number and date;

7.2. individual who the ESP weapon has been returned to;

7.3. any changes in markings or serial numbers due to the nature of the repair;

7.4. nature of the repair;

7.5. identifying features of the manufacture of the firearm;

7.6. responsible official requesting the repair;

7.7. firearm identification details7.8. reasons for the rejection and the nature of the fault of the weapon.

8. The responsible person for repair shall inform the competent body on every change regarding the repair of weapons, within forty eight (48) hours.

Article 15

Records

Records of the facilities and production capacity of ESP shall be maintained by the Competent Body.

Article 16

Foreign applicants

1. Foreign applicants, registered as a business in the territory of the Republic of Kosovo, may be licensed in the field of ESP production.

2. Licensing of foreign applicants will follow the same procedure as domestic applicants.

CHAPTER III

TRADE IN ESP

Article 17

General descriptions Trade in ESP

1. Trade in ESP comprises of trade activities and service provisions in connection with ESP. Activities of trade are limited to procurement of ESP, activities of service provisions, transportation, storing and maintaining ESP.

2. A licence on Trade of weapon, ammunition and other tools of special purposes shall be issued by the Competent Body with previous consent of the Ministry of Security Force and Ministry of Foreign Affairs.

Article 18

Trade in ESP license

1. Licensed registered entities for trade in ESP shall be entered and maintained on a list of Licensed ESP trade companies by the Competent Body.

2. Applicants for Trade in ESP shall file a request for license to the Competent Body for trade in ESP, which shall contain the following:

2.1. name of the legal entity applicant and responsible person;

2.2. certificate of registration of the applicant in the business register of the Republic of Kosovo;

2.3. certificate of the competent court that verifies there are no criminal proceedings ongoing against that applicant;

2.4. certificate of the Competent Body that the installation of the applicant fulfills the conditions for storing of weapons;