Citation(s) from the GunPolicy.org literature library

Czech Republic. 2014 ‘Obligations of a Firearm Licence Holder.’ Act on Firearms and Ammunition, as amended; Part One, Title V (Section 39), pp. 32-35. Prague: Parliament and Ministry of the Interior of the Czech Republic. 1 July

Relevant contents

Section 39: Obligations of a Firearm Licence Holder

(1) The holder of a firearm licence for groups A through J1 shall be obliged to

a) establish a gunsmith, who shall be an employee or a member of, or who has a similar relation to the firearm licence holder, in each place of business or in the place where firearms, ammunition or prohibited accessories are stored;
b) check that firearms or ammunition are not used for purposes other than those indicated in the firearm licence or whether they are not used by persons who do not possess a firearm permit of a relevant group;
c) ensure that firearms and ammunition are possessed or carried by a natural person who is an employee or a member of, or who has a similar relation to the firearm licence holder, and who possesses a firearm permit of a relevant group; this obligation shall not apply to the holder of a firearm licence of category A when producing firearms and ammunition and carrying out related activities with the exception of a person involved in test shooting who

1. carries out production and related activities in manufacturing firearms and ammunition;
2. is an employee or a member of, or has a similar relation to the firearm licence holder;
3. is recorded for performing a certain job in the internal regulation issued under letter (d) upon the consent of the relevant police unit;
4. has been provably instructed on safe handling firearms; and
5. whose supervisor is the holder of a firearm permit of the relevant group;

d) issue an internal regulation which stipulates, in particular, the following:

1. rules for using firearms and ammunition;
2. the manner in which firearms and ammunition shall be recorded, stored, provided and returned;
3. the safe manner for handling firearms and ammunition including procedure for loading and unloading a firearm;

e) provide conditions for protecting firearms and ammunition against abuse, loss or theft pursuant to Section 58 (2) through (7);
f) forthwith report at any police unit the loss or theft of a firearm, ammunition, artillery ammunition, a firearm licence, or a firearm certificate;
g) create conditions for storing, holding and handling black hunting powder, smokeless powder and primers;
h) at the request of the relevant police unit, submit a firearm licence and a firearm or ammunition including respective documents in order to be examined; in cases of worthy consideration the place of such examination may be agreed in advance;
i) if there is a reasonable suspicion, arising during the check carried out by the relevant police unit that the firearm is in poor working condition to submit the firearm concerned, upon the request of the relevant police unit, to be checked by the Czech Proof House for Arms and Ammunition within 20 working days from the date of the due delivery of the request; after the check has been completed the holder shall be obliged, within ten working days from the receipt of the firearm from the Czech Proof House for Arms and Ammunition, to submit the firearm concerned to the relevant police unit for another check,
j) establish a new gunsmith within 30 days from the date on which the current gunsmith terminated his/her activities and inform, within ten working days, the relevant police unit of such change;
k) apply at the relevant police unit for a new firearm licence or a firearm certificate where the name and seat of the legal entity has changed, or the name, surname or the place of residence of the natural person has changed, or the place where a firearm is stored or the seat of place of business was changed; such application shall be filed within ten days of the date on which the respective change occurred and the original document shall be attached;
l) maintain records of

1. categories A,2 B3 or C4 firearms and ammunition for such firearms which are in his/her possession and for which he/she possesses a firearm certificate and maintains such records for a period of five years also after the termination of relevant activities;
2. provided and received firearms of categories A, B or C and ammunition for such firearms;

m) enter to the Central Firearm Register data on firearms of categories A, B or C and ammunition for such firearms for which he/she does not possess a firearm certificate, as well as the data on black powder, smokeless powder, and primers;
n) ensure that a person who will carry a firearm for performing his/her occupation or pursuing a profession is tested in shooting at least once a year; and to maintain records on such test shooting;
o) inform the relevant police unit of any change regarding the responsible representative or member of the statutory body of a legal entity or regarding his/her personal data or of any change of the responsible representative of a natural person, if such representative was established, or if a new responsible representative is established then of his/her personal data; such information shall be provided within ten working days from the date on which the relevant change occurred;
p) deliver to the relevant police unit, within ten working days from the date of termination of the firearm licence, a firearm, the prohibited accessory to a firearm or ammunition and the relevant firearm certificate if he/she is a holder thereof;
q) inform the relevant police unit, within ten working days, of the change of calibre of a firearm or any repairs made to a firearm the consequence of which is the change of a firearm category.

(2) The holder of a firearm licence for group B or E shall be further obliged

a) when deactivating categories A, B or C firearms or ammunition or when making their cuts to observe the procedure stipulated in the implementing legal regulation or a regulation approved by the Czech Proof House for Firearms and Ammunition and, if it is not possible to proceed in accordance with the procedure stipulated in the implementing legal regulation;
b) to mark a deactivated firearm by affixing a proof mark indicating deactivation assigned under the conditions stipulated by the implementing legal regulation issued by the Czech Proof House for Firearms and Ammunition whilst the original serial number of the firearm must be maintained; and
c) to issue to the holder of the firearm a certificate proving deactivation of the firearm and ammunition or a certificate on making a cut of the firearm or ammunition.

(3) The holder of a firearm licence for group E shall be further obliged

a) when destroying firearms and ammunition to observe the procedure stipulated in the implementing legal regulation; and
b) to issue to the firearm holder a certificate on the destruction of his/her firearm or ammunition.

(4) A firearm licence holder may not transfer a legal title to a firearm or ammunition to a person who has not been authorised to acquire a firearm or ammunition.

(5) If a firearm licence holder carries out activities independently, he/she shall not be obliged to be a holder of a firearm permit of the relevant group. At the same time he/she does not have to meet obligations referred to in paragraph 1 (a) (c ) (j) and (n), but he/she shall be obliged to meet duties of a gunsmith stipulated under Section 40 (1) (b) and (e).

(6) The holder of a firearm licence for group K shall be obliged

a) prior to commencing his/her activities, to draw up a technological procedure for searching for and handling unexploded artillery ammunition and explosives and to submit it to the relevant police unit for their approval;
b) to ensure that a police unit is forthwith informed of any detection of unexploded artillery ammunition or explosives;
c) to check whether detection of unexploded artillery ammunition or explosives has been reported to the police and whether the detected unexploded artillery ammunition or explosives are not being used for purposes other than those indicated in the firearm licence and whether they are not being handled contrary to authorisations stipulated in Section38 (9);
d) to carry out activities in the field of unexploded ordnance only through a natural person who is an employee or a member of or who has a similar relation to the firearm licence holder and who is a holder of a firearm permit for group F;
e) to forthwith report at the relevant police unit any loss or theft of a firearm licence;
f) at the request of the relevant police unit to submit a firearm licence including related documents in order to be examined;
g) to apply at the relevant police unit for a new firearm licence where the name and seat of the legal entity has changed, or the name, surname or the place of residence of the natural person has been changed, or the place where a firearm is stored or the seat of place of business was changed; such application shall be filed within ten days from the date on which the respective change occurred and the original document shall be attached;
h) to maintain and archive for a period of five years documents encompassing information on unexploded artillery ammunition and explosives which have been found;
i) to adopt necessary measures, when finding artillery ammunition and explosives, in order to ensure the security of persons and property;
j) immediately after carrying out exploration in the field of unexploded ordnance to draw up a final report on the results of such an exploration and to submit it to the relevant police unit; upon the request of a builder to make records on exploration in the field of unexploded ordnance in a journal and/or to draw up an interim report on the exploration carried out in the field of unexploded ordnance.

(7) Details on all particulars for maintaining documentation encompassing an overview of all detected unexploded artillery ammunition and explosives shall be laid down in the implementing legal regulation.

ID: Q8938

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