Almost 400 requests for possession and more than 1.700 for possession and carrying of weapons were submitted to the Ministry of the Interior (MUP) from January 1 to the beginning of October. Department that leads Danilo Šaranović rejected 26 requests.
In some cases, the applicants waited several months for the MUP's response. In one of them, the applicant received approval for the acquisition of weapons, submitted a request for possession and carrying within the deadline, but received a decision on this four months after the deadline indicated on the certificate issued by the MUP when submitting the request.
The Department of Internal Affairs told "Vijesti" that it is a complex procedure, that delays occur, and that the most common reason for this is the time required to provide the evidence prescribed by law, which is obtained from various authorities - courts, the Ministry of Justice, Police administrations, shooting and hunting organizations, health institutions...
"Regional units and branches for administrative affairs, citizenship and foreigners, in addition to deciding on the rights and obligations of parties in the area of residence, travel documents, vehicle registration..., act and decide on requests from the field of weapons. When it comes to allegations that there is a delay in the procedure for issuing documents on weapons, we point out that it is a complex administrative procedure that entails obtaining evidence that establishes the facts and circumstances of importance for deciding on this administrative matter, so the submission of that evidence to the greatest extent leads to until the procedure is delayed", the MUP told "Vijesta".
As they added, in a certain number of cases, "the procedure takes longer due to the additional time needed to prepare and submit the official police report".
"And in some cases, the submission of evidence to the courts is prolonged, on the basis of which it is assessed whether proceedings have been initiated for misdemeanors that indicate that weapons could be misused," they told the newsroom.
Approval procedure
According to the Law on Weapons, a natural person is obliged, when he intends to acquire a weapon, to submit a request for acquisition and do so in the place of residence or stay.
The Department of Internal Affairs explains that for each such submitted request - for the issuance of approval for the acquisition of weapons, as well as weapons certificates, it is assessed whether the applicant meets the general and special conditions prescribed by the Law on Weapons.
These evidences are obtained from competent authorities: the Basic Court, the High Court, the Court for Misdemeanors, the Ministry of Justice, the Police Directorate, shooting and hunting organizations, competent health institutions...
"In accordance with the aforementioned legal provisions, and in order to determine the existence of circumstances that indicate that weapons could be misused in the sense of Article 13 paragraph 1 point 5 of this law, the police officer is authorized to request and collect data and notifications about the applicant for the issuance of authorization for the acquisition of weapons and to make an official note on the collected data, which is submitted to the Ministry, which, we emphasize, is only one of the pieces of evidence for assessing the fulfillment of the conditions for issuing approval for the purchase of weapons", they explain.
According to Article 13 paragraph 1 of the Law on Weapons, which prescribes the general conditions for issuing approval for the acquisition of weapons of category B to a natural person, the applicant must have a justified reason for the acquisition of weapons, have reached the age of 18, and have not been legally convicted of criminal offenses against: constitutional arrangement and security of Montenegro, humanity and other goods protected by international law; life and body, general safety of people and property, as well as criminal acts that contain elements of violence, and are contained in criminal acts against: property, freedom and rights of man and citizen, sexual freedom, marriage and family, judiciary, public order and peace, official duties, the Army, the environment related to killing and torturing animals, or if proceedings have been initiated for these criminal acts.
A person who submits a request for authorization to purchase a weapon must also have proof that he has not been legally punished for a misdemeanor that indicates that the weapon could be misused, especially for a misdemeanor with elements of domestic violence, that is, that no proceedings have been initiated for these misdemeanors.
According to point five, the person must prove that "there are no other circumstances that indicate that the weapon could be misused, especially: consumption of alcohol, drugs or other psychoactive substances, disturbed family relationships, conflicts with the environment, aggressive behavior, as well as other disorders in behavior, disciplinary violations of regulations on hunting or sport shooting".
The Department of Internal Affairs adds that paragraph two of the same article also prescribes special conditions for issuing authorization for the acquisition of weapons to a natural person, namely that the person is medically fit to hold and carry weapons and has the technical knowledge and skills for proper use, holding and carrying weapons.
"After the investigation procedure and evaluation of the evidence obtained from other state authorities, which confirms the fulfillment of the conditions from Article 13 of the Law on Weapons, the participation and statements of the parties on the results of the investigation procedure, a decision is made on the requests for authorization for the acquisition of weapons and requests for the issuance of weapons a list for keeping weapons, that is, a list of weapons for keeping and carrying weapons", according to the MUP.
Since the beginning of the year, 379 requests for detention
The Department of Internal Affairs, as they told "Vijesta", in the period from 01.01. until 02.10.2024. 379 requests for a weapon license to keep weapons were received in regional units and branches. Of these, 209 were adopted and 15 rejected, while 155 requests are still in the procedure.
"1.756 applications were received for a weapons certificate for holding and carrying weapons, of which 1.318 were approved and 11 were rejected, while 427 applications are still in the procedure. In relation to the requests that are in the procedure, we point out that these are requests that were submitted as soon as possible, requests that require an additional verification of the fulfillment of the conditions, and in order to establish all the facts in a complete and proper way," said the MUP. -a.
They also add that in some cases, the resolution of the request depends on the response of the parties and their participation in the procedure, i.e. the statement on the results of the examination procedure.
"As previously stated, it is a complex decision-making process that is conditioned by obtaining evidence from other public law bodies, and MUP officials act with the aim of preventing any possible abuses in this area," they told "Vijesta".
According to the Report on the work and situation in administrative areas under the jurisdiction of the MUP for 2023, in that year a total of 3.899 cases related to the procurement of weapons were processed, of which 2.441 requests were approved and 20 suspended. In that year, there were 1.338 pending cases.
In the same year, 3.723 requests for weapon registration were submitted, of which 2.946 requests were approved, and in 43 cases the procedure was suspended. 734 cases remained unresolved.
A new law is being drafted
In the European Commission Report published two days ago, among other things, it is indicated that during 2023, 261 criminal offenses of illegal possession of weapons and explosive materials were recorded in Montenegro, with a total of 724 confiscated weapons.
"This shows a significant amount of illegal weapons in circulation, and the number of seized weapons remained relatively stable compared to the previous year," the report says, adding that the Montenegrin law on weapons needs to be further harmonized with the legal regulations of the European Union.
Vlada Zdravka Krivokapića on September 30, 2021, it approved a proposal for a law on amendments to the Law on Weapons, but that proposal was withdrawn from the parliamentary procedure in December 2021.
A new Law on Weapons is being drafted, which, as announced by the Department of Internal Affairs, will tighten the conditions for possessing weapons.
According to the data of the Ministry of Interior, which was published a few days ago by Portal Analitika, in Montenegro, 105.826 active weapons of category B are registered in the records of weapons with issued documents, in the possession of 69.593 owners. Of these, 69.230 are individuals and 363 are legal entities.
According to the same data, 1.607 pieces of category C were registered, in the possession of 1.477 owners, of which one is a legal entity. Category C weapons do not require approval from the MUP, but the owner is obliged to register the weapon and obtain a certificate of registration from the MUP.
Last year, they confiscated 101 firearms in legal possession
During the last seven years, fifteen femicides were committed in Montenegro, of which six women were killed with firearms, one of them with an official police pistol, in her own home.
From the "Draft Sectoral Analysis - Domestic Violence", which the Government published this summer, police officers in 2023, acting in connection with incidents of domestic violence, temporarily confiscated 119 firearms, of which 101 are in legal possession.
In relation to domestic violence, the use of firearms was not registered that year.
Ilhan Tursumović, a neuropsychiatrist at the Pljeval Health Center, is recovering from injuries he sustained at work last week, when a sixty-five-year-old patient, who the day before refused to sign the opinion necessary for issuing a medical certificate for carrying weapons, wounded him with a knife.
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