Law on amending and supplementing the law no. 03/l-246 on weapons, ammunition and relevant security equipment for authorized state security institutions

Law No. 05/L -017

AMENDING AND SUPPLEMENTING THE LAW No.03/L-246 ON WEAPONS, AMMUNITION AND RELEVANT SECURITY EQUIPMENT FOR AUTHORIZED STATE SECURITY INSTITUTIONS

The Assembly of the Republic of Kosovo,

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

Approves

LAW ON AMENDING AND SUPPLEMENTING THE LAW No. 03/L-246 ON WEAPONS, AMMUNITION AND RELEVANT SECURITY EQUIPMENT FOR AUTHORIZED STATE SECURITY INSTITUTIONS

Article 1

1. Article 3 of basic Law, paragraph 1 sub-paragraph 1.1 shall be reworded the following text:

1.1. “Authorized security state institutions” shall include: Kosovo Security Force, Kosovo Police, Kosovo Police Inspectorate, Kosovo Intelligence Agency, Kosovo Academy for Public Safety, Correction Service, Kosovo Customs, Kosovo Forestry Agency, Kosovo Forensic Agency and other authorized institutions that can be established with a special Law.

2. Article 3 of basic Law, paragraph 1, there shall be deleted sub-paragraphs 1.3., 1.4., 1.5., 1.6., 1.7., 1.8., 1.9., 1.10., 1.11., 1.12., 1.13., 1.14., 1.15., 1.16., 1.17., 1.18., 1.20., 1.21., 1.22., 1.23., 1.24., 1.25., 1.26., 1.27., 1.28., 1.29., 1.30., 1.31., 1.32., and 1.33.3. Article 3 of basic Law, after paragraph 1 there shall be added a new paragraph 1.a with the following text:

1. a. Other terms used in this Law and the basic Law shall have the same meaning as determined in Law on Weapons.

Article 2

In Article 4 of the basic Law paragraph 5, the words “twenty (20) years” shall be replaced with the words “thirty (30) years”.

Article 3

Article 5 of basic Law shall be reworded with the following text:

Article 5

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

1.1. Category A1, restricted in 37 mm or like launching platforms;1.2. Category A2, automatic firearms;

1.3. Category A4, but restricted in ammunition of rubber projectile for riot management;

1.4. Category A6, firearm with mounted silencer;

1.5. Category A7, firearms with rifled barrel with calibre over 12.7 mm;

1.6. Category A8, explosives and its parts;1.7. Category A9, weapon for the use of chemical agents and its ammunition;

1.8. Category A10, special part for firearm which enables the change of firearm into another category other than the original;

1.9. Category A11, electro shock weapons (electric paralyser);

1.10. Category A12, tracing ammunition;

1.11. Category A16, firearms with polygonal barrels;

1.12. Category B1, semi automatic or repeating short firearms;

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, respectively this weapon can be converted, with ordinary tools into a weapon whose magazine and chamber together hold more than three rounds;

1.17. Category B6, repeating or semi- automatic long firearms with smooth bore barrels up to 60 cm in length;

1.18. Category C1, repeating long firearm other than those listed in Category B6;

1.19. Category C2, long firearm with single shot rifled barrels;

1.20. Category C3, semi automatic long firearm other than those in Category B4, B5, B6;

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 C7, weapon for light acoustic signalization;

1.24. Category C8, weapon and ammunition for temporary passivity of animals;

1.25. Category C9, adapters;

1.26. Category D4, cold weapons.

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

2.1. Category A2, automatic firearms;

2.2. Category A11, electro shock weapons (electric paralyser);

2.3. Category A16, firearms with polygonal barrels and limited to pistols;

2.4. Category B1, semi automatic or repeating short firearms and limited to pistols;

2.5. Category B6, repeating or semi- automatic long firearms with smooth bore barrels up to 60 cm in length;

2.6. Category C1, repeating long firearm other than those listed in point 6 of Category B.

3. The following categories of weapons may be used by the Correctional Service:

3.1. Category A1, restricted in 37 mm or like launching platforms;

3.2. Category A2, automatic firearms;

3.3. Category A10, special part for firearm which enables the change of firearm into another category other than the original;

3.4. Category A11, electro shock weapons (electric paralyser);

3.5. Category A16, firearms with polygonal barrels and limited to pistols;

3.6. Category B1, semi automatic or repeating short firearms and limited to pistols;

3.7. Category B6, repeating and semi- automatic long firearms with smooth bore barrels up to 60 cm in length;

3.8. Category C1, repeating and semi- automatic long firearms with smooth bore barrels over 60 cm in length.

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

4.1. Category A16, firearms with polygonal barrels and limited to pistols;

4.2. Category B1, semi automatic or repeating short firearms and limited to pistols.

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

5.1. Category B6, repeating and semi- automatic long firearms with smooth bore barrels not longer than 60 cm in length; and

5.2. Category C1, repeating long firearm other than those listed in Category B6.

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

6.1. Category A16, firearms with polygonal barrels and limited to pistols;

6.2. Category B1, semi automatic or repeating short firearms and limited to pistols.

7. Categories of weapons determined from paragraph 1 to paragraph 6 of this Article may be used by Kosovo Academy for Public Security for the purpose of training and educating the members of authorised state security institutions.

8. Kosovo Agency on Forensic may:

8.1. possess weapons with the purpose of referring collection which are confiscated by a final decision of the court or may be purchased through the regular procurement procedures according to the Laws into force;

8.2. possess ammunition with the purpose of ballistic testing of weapons. Ammunition for firearms may be taken from the ammunition confiscated by a final decision of the court or may be purchased through the regular procurement procedures according to the Laws into force.

Article 4

Article 18 of basic Law, paragraph 3 shall be reworded with the following text: 3. The request for this type of license shall be treated and decided by the reviewing commission according to the Law on Weapons and the request shall include a financial and legal background check and the security screening of the responsible person. Decision of the reviewing commission shall be final. Unsatisfied party against this decision may appeal before the basic court.

Article 5

Entry into forceThis Law shall enter into force fifteen (15) days after publication in the Official Gazette of the Republic of Kosovo.

Law No.05/L-017

23 July 2015

President of the Assembly of the Republic of Kosovo

Kadri VESELI