Handling weapons in the hands of the state

Private individuals will no longer be able to teach citizens how to properly use firearms, but this will be done exclusively at the Police Academy. The state will also take over psychological tests and, once established, a commission of the Ministry of Health will be solely responsible for issuing medical certificates for weapon possession.

This is, among other things, foreseen in the Draft Law on Weapons and Ammunition, which has been under public debate since yesterday.

The draft also envisages raising the age limit from 18 to 21 years, expanding the scope of criminal offenses and misdemeanors that are an obstacle to the possession of weapons, and plans to shorten the validity period of weapons licenses from 10 to five years.

In the explanation for the adoption of the new law, the Ministry of Internal Affairs (MUP), among other things, states that this is "both due to harmonisation with European Union regulations... and to eliminate difficulties and uncertainties that have arisen in practice during the application of the current Law."

"And they concern the area of ​​administrative resolution in relation to all issues that are the subject of the Law, the actions of the Police, the storage and keeping of weapons, tightening the conditions for issuing weapons certificates with special attention to the categorization of criminal offenses and misdemeanors that represent an obstacle to the issuance of weapons documents, establishing a more efficient procedure for confiscating weapons, issues of supervision and control of natural and legal persons who have firearms in legal possession, the issue of the integrity of weapons dealers, the establishment of shooting ranges, the issue of the trade in weapons and ammunition, but also to classify convertible weapons (starting, gas and signal) in category B and prescribe the obligation to issue permits for the possession of convertible weapons," the department states. Danilo Saranovic.

The draft law, among other things, prescribes the classification of weapons into categories, the re-registration of weapons from the current category C to category B, which requires a permit, as well as the definition of the main parts of weapons that were not prescribed by the current law. It also stipulates that all firearms and their main parts be recorded in official records.

The proposed solution tightens the conditions for issuing weapons licenses, raising the age limit from 18 to 21 (with exceptions). It also stipulates that weapons can be registered and owned by citizens of Montenegro and foreigners with permanent residence.

The scope of criminal offenses has been expanded, i.e. final convictions for a larger number of criminal offenses that are an obstacle to the possession of weapons. In this sense, the scope of misdemeanors has also been expanded, so a permit to acquire weapons cannot be issued to a natural person if he has been finally punished, among other things, for a misdemeanor with elements of violence in the field of public order and peace, any form of domestic violence, violence at sports events, abuse of drugs, weapons or explosives, violation of hunting or sports shooting regulations...

The draft stipulates as a mandatory requirement that a written statement be submitted about the possession of a storage facility for the safe storage of weapons and ammunition and its inaccessibility to persons not authorized to possess them.

The plan is to introduce a legal basis for the adoption of a bylaw that will, according to Šaranović's department, define the manner in which a police officer conducts a security check and collects data on the applicant in order to determine the existence or non-existence of circumstances that could lead to the weapon being misused - due to disrupted family relationships, but also due to conflicts with the environment, aggressive behavior, as well as other behavioral disorders.

Special attention, it is added, has been paid to the process of issuing medical certificates.

"Regarding psychological examinations, it is planned to establish a commission of the Ministry of Health, which will be solely responsible for issuing medical certificates for possession of weapons, and will continuously conduct psychological and psychiatric assessments, i.e. a comprehensive assessment of the applicant's health condition," the Draft states in its explanation.

In cooperation with the health department, it is added, the regulation of a special Rulebook has been agreed upon, as a by-law:

"Which will prescribe the method of issuing medical certificates; the conditions that a health organization must meet in order to issue this type of certificate; the method and procedure for conducting medical examinations, a list of diseases and health conditions that are an obstacle to issuing weapons documents, as well as the method and procedure for reporting to the Ministry about changes in the health status of persons who have registered weapons in their possession," they state.

The Draft Law on Weapons also stipulates that the permit for the acquisition of weapons is valid for six months, without the possibility of extension for another six months, as provided for in the current law. Also, the period of validity of weapons licenses, according to the Draft, is shortened from 10 to five years.

The draft law on weapons also provides for the establishment of a more efficient procedure and measures to confiscate weapons from persons who do not meet the requirements for acquiring, possessing and carrying weapons.

Also, additional conditions have been prescribed for obtaining approval for providing sports and recreational shooting services at a civilian shooting range, in terms of meeting minimum technical and safety requirements, but also meeting noise protection requirements in terms of noise intensity and impact on the environment and human health...

Approval for other locations designated for shooting exercises, as provided for in the Draft, may be issued to hunting or shooting organizations for shooting exercises and testing of hunting or sporting weapons or the organization of shooting and hunting competitions.

For the implementation of this law, as stated by the Ministry of Internal Affairs, it is not necessary to provide additional funds in the budget of Montenegro.

The public debate lasts 30 days from the date of publication on the Ministry's website (gov.me/mup) and the e-Government portal.

Stricter penalties in the Criminal Code as well

Two days ago, the Ministry of Justice announced a call for a public hearing on the draft Law on Amendments to the Criminal Code, which, among other things, provides for tougher penalties for the illegal possession and carrying of weapons.

Bojan Božović's department, among other things, stated that the reason for this was the need to improve the security situation in the country, and in connection with the tragic events that took place in Cetinje. In the capital on January 1, Aco Martinović killed 13, wounded three people and committed suicide. In the same city, two and a half years earlier, on August 12, 2023, Vuk Borilović killed ten people and wounded six people.

The amendments to the Criminal Code propose that the penalty for unauthorized possession of firearms, instead of three months to three years, be from one to five years. For unauthorized carrying, the current penalty is one to five, or eight years in prison. The draft stipulates that in the future the penalty will be from three to eight, or ten years in prison.

The public debate on the Draft Amendments to the Criminal Code lasts until February 11th.