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Title of Article

CERTAIN SHORTCOMINGS OF THE WEAPONS ACT FROM THE PERSPECTIVE OF FORENSIC THEORY AND EXPERT PRACTICE


Issue
5
Date
2023

Article type
scientific article
UDC
343.98
Pages
61-68
Keywords
 


Authors
Bakhteev D.V.
Uralskiy gosudarstvennyy yuridicheskiy universitet im. V.F. Yakovleva

Polyakova A.V.
Natsionalnyy issledovatelskiy Nizhegorodskiy gosudarstvennyy universitet im. N.I. Lobachevskogo

Tsvetkova A.D.
Uralskiy gosudarstvennyy yuridicheskiy universitet im. V.F. Yakovleva

Shablovskiy D.A.
Natsionalnyy issledovatelskiy Nizhegorodskiy gosudarstvennyy universitet im. N.I. Lobachevskogo


Abstract
The problem of armed attacks on educational organizations (so called schoolshooting) has entailed the tightening of weapons legislation. In the work separate provisions of the Federal law from June, 28th, 2021 № 231-FL «About modification of the Federal law «About arms» and also the accompanying documents submitted together with the corresponding bill are analyzed. On this basis, the authors cite some identified shortcomings of the adopted amendments: lack of consistency of norms, unattainability of their goals; illogical justification of the necessity of amendments, etc. The main attention is paid to the provision, according to which quasi-rifled weapons (shotguns with «Lancaster» and «Paradox» types of barrel) are equated to rifled weapons in terms of the regulation regime. A theoretical and practical justification of the thesis is given, according to which the described does not allow reducing the number of schoolshooting acts. An analysis is given of the problem in the field of ballistic examination, arising from the compulsory shooting of all rifled (and now quasi rifled) shotguns. The authors conclude by formulating recommendations that will avoid unnecessary tightening of gun legislation. In particular, a new system of licensing for possession of different types of civilian firearms according to the maximum number of cartridges in a magazine depending on proven practical experience is proposed; measures which can improve the effectiveness of medical examinations are described; a complex of preliminary measures to assess the living conditions of persons seeking permission to possess firearms, which results in the refusal of such permission if they are not satisfied, is proposed.

File (in Russian)