Citation(s) from the literature library

Estonia. 2002 ‘Circumstances Precluding Grant of Acquisition Permit or Weapons Permit to Natural Person.’ Weapons Act (Riigi Teataja I 2001, 65, 377) [with amendments to June 2004]; Section 36 (Chapter 5). Tallinn: Riigi Teataja (State Gazette). 31 March

Relevant contents

§ 36. Circumstances Precluding Grant of Acquisition Permit or Weapons Permit to Natural Person

(1) An acquisition permit or a weapons permit shall not be granted to a natural person who:
1) suffers from a mental or behavioural disorder caused by the use of narcotic or psychotropic substances;
2) suffers from a severe mental disorder;
3) suffers from a physical disability which prevents him or her from handling the weapon applied for by him or her adequately;
4) evades service in the Defence Forces;
5) whose active legal capacity is restricted and to whom, therefor, a guardian has been appointed;
6) has been punished under criminal procedure;
7) has been punished under administrative procedure for violating requirements provided by legislation regulating the acquisition, storage, carrying, transport or use of weapons and ammunition, or for hunting without a hunting certificate.
8) on grounds arising from criminal proceedings, is declared to be a fugitive or suspect or is brought to justice as the accused or accused at trial;
9) upon application for an acquisition permit or weapons permit, has knowingly submitted incorrect information which is of material importance to the decision on whether to issue a permit;
10) lacks the conditions prescribed by this Act for the storage of weapons and ammunition.

(2) The prohibition provided for in clauses (1) 6) and 7) of this section does not apply to a person if information concerning his or her punishment has been expunged from the punishment register pursuant to the Punishment Register Act.

(3) The list of mental or behavioural disorders and physical disabilities specified in clauses (1) 1), 2) and 3) of this section shall be established by a regulation of the Minister of Social Affairs.

(4) In addition to the bases for refusal indicated in subsection (1) of this section, an issuer of permits may refuse to grant an acquisition permit or a weapons permit:
1) to a person if less than five years have passed since the revocation of a weapons permit previously issued to the person and if the revocation of the permit was due to the loss of the weapon or a violation of the requirements provided for in legislation regulating the storage, carrying or use of weapons and ammunition;
2) to a person to whom the issue of an acquisition permit has previously been refused if less than two years have passed since the refusal and if the refusal was due to the circumstances specified in clauses (1) 8)-10) of this section;
3) to a person who is not suitable to acquire or own a weapon due to his or her lifestyle or behaviour which jeopardises the security of himself or herself or other persons.

(5) A decision to issue or deny an acquisition permit or a weapons permit shall be communicated to the applicant within ten days as of the date on which the decision is made.

ID: Q5529

As many publishers change their links and archive their pages, the full-text version of this article may no longer be available from the original link. In this case, please go to the publisher's web site or use a search engine.