Civilian Firearms Research Articles

Administrative liability for violations of civil firearms circulation rules as a component of state control

The article provides an analysis of the compositions of administrative offenses in the sphere of circulation of civilian firearms. During the research, a number of problematic aspects were identified that could negatively affect the application of the relevant provisions of the Code of Ukraine on Administrative Offenses, and a series of proposals were put forward to address these gaps. In particular, the publication emphasizes the need to differentiate in Article 85 of the Code of Administrative Offenses the administrative responsibility for violations of hunting rules depending on the type of animals that have been hunted or attempted to be hunted by the subject of the respective offense, taking into account the rates for calculating the compensation for damages caused as a result of violations of legislation in the field of hunting and game management (except for species listed in the Red Book of Ukraine). The paper also highlights the expediency of differentiation of liability in the aforementioned article of the Law for Fisheries with the use of firearms based on the criterion of causing or not causing damage to ichthyofauna by relevant actions. Furthermore, the author proposes to amend Article 174 of the Code of Administrative Offenses regarding the use of firearms in the following version: ‘Shooting with firearms in an uncleared area of a populated area, in an uncleared area outside a populated area, or in a cleared area in violation of the established procedure’ and to differentiate responsibility in the specified norm depending on the place of commission of the administrative offense as a feature of the objective side. Moreover, with the aim of improving and enhancing the effectiveness of the application of administrative-legal prescriptions, the scientific article focuses on the controversial aspects of the object, objective side, and subject of the composition of the administrative offense envisaged by Article 190 of the Code of Administrative Offenses; normative formulation of the title and disposition of Article 192 of the Code of Administrative Offenses; the circle of persons constituting the subjective composition of administrative offenses envisaged in Articles 191–195 of the Code of Administrative Offenses; sanctions for committing administrative offenses provided for in Parts 1, 2, 4 of Article 85 and Articles 174, 190–195 of the Code of Administrative Offenses.

The essence of police activity in foreign countries in the field of control over the circulation of civilian firearms

The essence of police activity in foreign countries in the field of control over the circulation of civilian firearms

CIVILIAN GUNSHOT FRACTURES OF THE ACETABULUM

Acetabulum fractures caused by civilian firearms represent a unique challenge for orthopaedic surgeons. Treatment strategies should include the assessment of infection risk due to frequently associated abdominal injuries and maintenance of joint function. Still, internationally accepted treatment algorithms are not available. The aim of the study was to increase knowledge about civilian gunshot fractures of the acetabulum by describing their characteristics and management at a high-volume tertiary hospital.All adult patients admitted to our hospital between January 2009 and December 2022 with civilian gunshot fractures of the acetabulum were included in this descriptive retrospective study.In total our institution treated 301 patients with civilian gunshot fractures of the hip joint and pelvis during the observation period, of which 54 involved the acetabulum. Most patients were young males (88,9%) with a mean age of 29 years. Thirty patients (55,6%) had associated intraabdominal or urological injuries. Fracture patterns were mostly stable fractures with minor joint destruction amenable to conservative fracture treatment (n=48, 88,9%). Orthopaedic surgical interventions were performed in 21 patients (38,9%) with removal of bullets in contact with the hip joint via arthrotomy or surgical hip dislocation as most frequent procedures. Most patients received antibiotics on admission (n=49, 90,7%). Fracture related infections of the acetabulum were noted in six patients (11,1%) while the mortality in the study population was low with one demised patient (1,9%) due to the trauma burden.Most civilian acetabulum gunshot fractures are associated with intraabdominal or urological injuries. In comparison to the literature on extremity gunshot fractures, there is an increased risk of infection in our study population. The decision for surgical wash-out and bullet removal should be based on contamination and anticipated joint destruction, while osteosynthesis or primary arthroplasty are rarely necessary for these injuries.

Legal approaches to combating massacres in russia

Objective: In recent decades, the number of mass shootings in Russian educational institutions has increased. The study aims at evaluating the effectiveness of various means of protecting an individual developed and implemented in the country. Within this objective, the authors discuss the possibility of using preventive measures against grave crimes, i.e. the death penalty enshrined in the current criminal law but not fully implemented due to the moratorium. In the emerging Russian judicial practice, the authors consider crimes committed by minors and persons between the age of 18 and 21. Methods: As part of the study, the authors review scientific works on the topic, crime statistics, and decisions of legislative authorities. Results: According to the newly developed and consolidated provisions of Russian legislation, there has been a tightening of responsibility for arms trafficking in the form of a complete ban on the acquisition of any firearms by the named persons. It has been established that the main reason for the rapid increase in massacres is not the tightening or leniency of the law but its non-compliance. In the cases under consideration, civilian firearms were acquired by young people illegally due to neglect of one’s professional duties. Conclusion: The authors believe that the measures, consisting in toughening the responsibility for the illegal circulation of civilian weapons adopted in 2021, will be more effective in preventing massacres among persons under the age of 21. As for the ability of such measures to counteract grave crimes committed by persons who have already reached this age, there are great doubts about their effectiveness. In this regard, there is a need to improve the newly adopted measures to prevent grave crimes among young people depending on their age (under or over 21).

Modeling the U.S. Firearms Market

AbstractWe estimate the first econometric model of the national civilian firearms market in the United States (1946–2016), where per capita firearms‐related harm is exceptionally high. Solving simultaneous equation models instrumented by natural disasters and steel prices, and employing unique firearms prices and quantities data, we find this market operates normally, except that firearms stocks may generate some new market demand in a positive feedback loop. Save for the Federal Assault Weapons Ban (1994–2004), federal firearms legislation does not influence firearms sales. We find that violent crime, including homicide and mass shootings, boosts domestic sales.

The Legal Issues of Firearms Trafficking in the United States of America

Relevance and subject of research. The circulation of firearms as a source of increased danger is subject to legal regulation and control in the Russian Federation. The use of weapons by police officers is no exception. The norms of the Federal Law of February 7, 2011 No. 3-FZ “About the Police” (hereinafter referred to as the Law “About the Police”) refer to the achievements of domestic administrative science as a result of the work of specialists. In systemic connection with the norms of criminal law, they regulate the conditions and limits for the use of coercive measures by police officers, including firearms. The fundamental ideas of the activities of the Russian police have successfully cooperated with the norms of international law. On the contrary, in the socalled “leading” democratic state – the United States of America, such cooperation does not look well-coordinated, which the Author substantiates when studying the origins of the right of citizens of this state to own firearms, the regulatory regulation of the circulation of weapons in the United States, the negative consequences of this regulation (based on research by American scientists and statistical data), the activities of the US police to counter armed attacks and its legal regulation. One of the US attempts to comply with international law in this area is analyzed, namely the adopted new policy of the US Customs and Border Protection on the use of force, including firearms.The purpose of the study is to determine the state of legal regulation of the circulation of civilian firearms in the United States, the use of these weapons as a coercive measure by police officers in order to identify its positive aspects, in the presence of which the decision on the possibility / impossibility of their introduction into Russian legislation. This led to the setting of the following tasks: to study the constitutional foundations of the right to own firearms by US citizens (historical aspect); to determine the current state of legal regulation of civilian circulation of firearms in the United States and its consequences; analyze the activities of the US police to counter armed attacks and its legal regulation, evaluate them and determine the prospects for their improvement; identify the provisions of American legislation that are of scientific interest, and the possibility / impossibility of their implementation in Russian legislation.The methodological basis of the study was a dialectical approach to the scientific knowledge of social relations associated with the circulation of firearms, the implementation of their state regulation, analysis and synthesis of the results obtained during the study, which made it possible to formulate and substantiate the conclusions. Among the special methods used in the study are the method of studying normative legal acts and documents, the empirical method, the method of processing and analyzing data, and their generalization. Findings. The study shows that the constitutional foundations for the right to own firearms by US citizens developed simultaneously with the emergence of statehood: first in individual states, and then in the very union of these states formed into a single US government. The existing multi-layered legal framework for regulating the circulation of firearms has created a wide range of owners with a relatively simple system of access, which negatively affects the criminal environment, in which armed attacks with mass casualties are of high importance. Cases of armed attacks and other negative illegal acts to a certain extent influenced the processes of militarization of the police, the creation and strengthening of special operations units, the adoption by the police of various types of military equipment, weapons and special means. Detailed legal regulation of the use of lethal force by the police is developing belatedly. The 2014 adoption of the U.S. Customs and Border Protection Manual did not prompt other law enforcement agencies to adopt similar rules, indicating the fragmentation of U.S. law enforcement. The U.S. Customs and Border Protection Guidelines on the use of force is of particular scientific interest, and after its careful analysis, it is possible to introduce certain provisions into the legal regulation of the activities of the Russian police, especially the use of lethal force. The fundamental ideas of police activity developed in Russia can be recognized as certain guidelines for the development of the American police. The relatively small number of firearm owners in Russia and the high requirements for the circulation of firearms are a deterrent to the negative developments taking place in the United States.

The Police Control over the Observance by Citizens of the Russian Federation of the Conditions of Storage (Safety) of Firearms at the Place of Residence

The object of the study is the social relations developing in the sphere of circulation of civilian firearms. The subject of the study is the organization of state control over the provision by citizens of the Russian Federation of the conditions of storage (safety) of civilian firearms at the place of residence and the activities of the police as a subject of the type of state control under consideration. The paper gives a brief description of state control as a guarantee of the effectiveness of any legal activity. The role and importance of the police in the implementation of state control in the sphere of arms trafficking is determined and justified, the forms and methods of the type of state control under consideration, the subjects and objects of its implementation are substantiated. The author provides an original view on the problem of crime prevention as the main area of police activity on the example of the sphere of arms trafficking in its relationship with state control of ensuring storage conditions by citizens of the Russian Federation (safety) of firearms at the place of residence. The argument is given about the instrumental importance of state control in the system of prevention of offenses in the sphere of arms trafficking, the continuity and integrity of state control in a single sphere of public administration. As a conclusion, the paper presents a problem that requires resolution, the development of more advanced mechanisms for the organization of state control in the field of arms trafficking.

Firearms as a means of committing criminal offenses

The article analyzes the current legislation on weapons and the opinion of scientists on firearms, ammunition, explosives or explosive devices. The fundamental importance of firearms in the forensic characterization of crimes is emphasized. It is noted that firearms are goods subject to a special regime of regulation, which can be carried out only by the Law of Ukraine. It is a particular type of weapon intended for attack, defense or sound signals, which is set off by the energy of gunpowder combustion gas. The authors’ definition of firearms is given and the characteristic features of ammunition, explosives and explosive devices are highlighted. It is concluded that, for the purpose of legislative regulation of relations arising during the circulation of civilian firearms, as well as similar to weapons and ammunition products, in particular, to avoid free interpretation of the assessment of the actions of a person involved in crimes with the use of weapons, the development of a corresponding law comprehensively regulating this criminal methery is needed.

Comparisons of auditory risk metrics with suppressed and unsuppressed civilian firearms

The assessment of the risk posed by firearm noise is complicated by the divergence in the allowable numbers of rounds (ANORs) returned by the available damage-risk criteria (DRCs) for impulsive noises. The ANORs returned by DRCs are strongly correlated but wide differences exist in absolute ANORs. Some firearms have suppressors and/or discharge low-velocity ammunition, both of which increase the ANORs. The extent to which suppressors and low-velocity ammunition alter the relationships among ANORs has not been determined. In this presentation, we present ANORs across many DRCs for 14 civilian firearms (3 handguns, 10 rifles, 1 shotgun) as a function of suppressor and ammunition. Results will be compared against DRC correlations observed across 54 unsuppressed firearm conditions.

Organizational and legal measures to prevent psychosocial risks caused by the war in Ukraine

The problem of the emergence of psychosocial risks among the population has become especially relevant in connection with the war in Ukraine. Therefore, there is a need for the development and implementation of effective measures to prevent such risks, to define guidelines for programme regulation in order to implement qualified psychological rehabilitation of the population.
 The basic principles of providing psychosocial and psychiatric care to persons with mental disorders are analyzed. The Concept of the development of mental health care in Ukraine for the period until 2030 and the need to develop other mental health and psychosocial support programmes are characterized, their target orientations, advantages and disadvantages are determined. The application of an individual approach is justified depending on the categories of citizens who need help, since the degree and nature of the traumas experienced can differ significantly. It is emphasized that mental health reforms should be non-intrusive and organic to reduce coercion and support mental health service users to make their own decisions about treatment. The special needs of people with mental disorders, including combatants, displaced persons, children, women, and the elderly, are identified. An integrated approach is emphasized, which would include the use of social, psychological, and medical measures at different levels (state, regional, and local) for the most effective intervention, providing the necessary support and accompaniment at various stages.
 The risks of the use of civilian firearms by the population of Ukraine in the context of the adoption by the Verkhovna Rada of Ukraine in the first reading of the draft Law of Ukraine “On the right to civilian firearms” are considered. It is emphasized the need to introduce a balanced permitting procedure in order to minimize risks against the background of the worsening situation in the field of mental health.
 Taking into account the experience of European countries, the possibility of functioning of interdisciplinary teams in the field of mental health, which are a basic element of the mental health care system in the community, has been considered. Based on the analysis of shortcomings and problems that arise in the process of receiving psychosocial services, practical recommendations have been developed to prevent psychosocial risks caused by the war in Ukraine.

GUNSHOT INJURY OF THE MAXILLOFACIAL REGION: A CASE REPORT

Gunshot injuries involving the head and neck confer a high potential for profound morbidity and mortality rates by damaging vital neurovascular structures, including the central nervous system, carotid arteries, and jugular veins. The main manners of firearm-related death comprise homicide, suicide, and accidental events, the rates of which largely vary depending on region and country. Although a bullet is commonly thought to travel through the body in a straight line, a few patients with head and neck gunshot injuries who survived without lethal organ damage thanks to a nonlinear bullet trajectory have been reported. However, there is no report of a patient who survived a gunshot wound transversely penetrating the entire neck across its deep structures. India’s rates of violence vary greatly and in a majority of firearm related injuries illegal, unlicensed weapons are used. As in 2006, India was home to roughly 40 million civilian firearms, out of an estimated 650 million civilian owned guns then believed to exist worldwide. But only 6.3 million (just over 15%) are licensed. The unpredictable nature of the bullet also emphasizes the importance of projecting the missile trajectory. A missile trajectory-tracing software program could be an important tool in the diagnosis and management of patients with bullet injuries.

Agency records of wildfires caused by firearms use in the United States

While previously disputed as a plausible ignition source, civilian firearms use has emerged as a wildfire cause of concern in the United States (US). The National Wildfire Coordinating Group (NWCG) included it as a newly recognized fire cause in the wildfire-reporting data standard approved in 2020. Here we report on shooting-caused wildfire ignitions using data mapped over to the new NWCG cause standard from historical wildfire records spanning 1992–2018. This is the first time that data on shooting-related fires have been assembled and summarized for the US, with the intention of raising awareness concerning this relatively small but impactful cause of preventable wildfires.

Red-Flag Laws, Civilian Firearms Ownership and Measures of Freedom

Red-Flag Laws, Civilian Firearms Ownership and Measures of Freedom

Particularities of functioning of the mechanism for controlling civilian firearms circulation in Ukraine

Particularities of functioning of the mechanism for controlling civilian firearms circulation in Ukraine

Some Issues of Normative and Legal Regulation of Weapons in Ukraine

The author of the article studies the current state of legal regulation of civilian firearms turnover in Ukraine. The content of the bills that had been submitted to the Verkhovna Rada of Ukraine at the end of 2020 was analyzed: «On the circulation of civil firearms and ammunition for them» (No. 4335), «On civilian weapons and ammunition» (No. 4335-1), «On the introduction amendments to the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine to implement the provisions of the Law of Ukraine "On the circulation of civil firearms and ammunition for them"» (No. 4336), «On Amending the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine to implement the provisions Of the Law of Ukraine "On civilian weapons and ammunition"» (No. 4336-1). The author has formulated his own scientific position in regard to granting citizens the right to carry and use short-barreled firearms.
 The publication defines the directions for improving the draft laws under consideration in terms of: definitions of the terms of «sporting weapon», «thermal imaging sight», «signal weapon», «night vision sight», «training-split weapon - neutralized weapon», «right to carrying weapon», «right to own weapon»; introduction of the terms of «law enforcement agency», «intelligence agency», «law enforcement agency of special purpose», «state agency of special purpose with law enforcement functions» into the conceptual apparatus of the law, since some authors use them to define the regime of special circulation of civil firearms; establishment of restrictions on the number of civilian firearms and ammunition for them, which can be acquired by an individual; creating legislative prerequisites for the approval of a by-law, which will clearly provide the procedure for transferring seized weapons to the National Police for further storage; securing the obligation of security personnel to provide emergency medical care to persons to whom they use weapons; introduction of norms that will establish the obligation of applicants for the acquisition, possession and use of weapons to take the appropriate courses within first aid; preservation of the wording of the Articles 190-195 of the Code of Ukraine on Administrative Offenses until the relevant law on the legal regime of sidearm is adopted.

К вопросу о проблемах административно-правового регулирования оборота гражданского огнестрельного оружия в целях самообороны в Российской Федерации

The general state of providing public security, in which a most important element is the degree of protection of the person from socially dangerous attacks, in any state, is directly related to the quality of regulation of some public relations that directly affect this criterion. Among such public relations, undoubtedly, take a special place the trafficking of civilian firearms for self-defense.

Models for licensing the purchase of firearms by individuals

This article examines the theoretical grounds for handgun purchase authorization within the framework of the administrative licensing procedure. The author substantiates the relevance of this topic and its direct impact upon public safety. Analysis is conducted on the current licensing models for the purchase of firearm by citizens in the Russian Federation and its key characteristics. The author carries out a comparative analysis of licensing models for handgun purchase in Russia and certain foreign countries, as well as reveals their merits and shortcomings. The main research method is the systemic structural approach towards the analysis of licensing the purchase of firearm by citizens as a form of public law authorization. The article substantiates the need for extending the legal framework in the structure of administrative procedure for licensing the handgun purchase by individuals the Russian Federation, balancing the private and public interests aimed at improving public safety via application of the more advanced mechanisms of administrative-legal regulation in the context of distribution of civilian firearms in society.

СУДОВО-БАЛІСТИЧНЕ ДОСЛІДЖЕННЯ НАРІЗНОЇ МИСЛИВСЬКОЇ ВОГНЕПАЛЬНОЇ ЗБРОЇ В УКРАЇНІ...: ШЛЯХИ ВДОСКОНАЛЕННЯ НОРМАТИВНОГО РЕГУЛЮВАННЯ

The article considers the problematic issues of circulation in the country of rifled hunting weapons as the only type of rifled firearms allowed for possession and storage at the place of residence of all categories of citizens of Ukraine who have reached a certain age and have no criminal record or medical contraindications. The normative documents which, in the absence of the corresponding Law, regulate the order of circulation of civilian firearms in the state are analyzed. Forensic features of hunting firearms are formulated and it is concluded that a significant number of samples of weapons sold on the territory of Ukraine as hunting weapons do not correspond to them. Citing specific examples from his own expert practice, the author argues that due to the lack of effective legal regulation of arms trafficking in the state, in fact, it is impossible to define a clear line between hunting weapons that are allowed to possess and store at the owner’s residence and other weapons (combat, sports, multi-purpose, self-defense, etc.), the civil circulation of which is prohibited or restricted in Ukraine. Based on the experimental shooting, it is proved that some samples of registered hunting firearms intended for firing with 9x21 IMI pistol cartridges do not provide guaranteed damage to animals and birds during hunting due to low rates of fire. It is concluded that the current standards governing the requirements for rifled firearms and ammunition are imperfect and contain technical and logical inconsistencies with other regulations, and therefore need to be revised. The article also proposes ways to improve the regulatory framework for the circulation of rifled hunting firearms in the country in compliance with the requirements of legislation and policy documents on the adaptation of Ukrainian legislation to the legislation of the European Union.

Актуальные вопросы криминалистического исследования следов на пулях и гильзах, образующихся при выстреле из гражданского огнестрельного оружия, изготавливаемого на базе боевых образцов

Актуальные вопросы криминалистического исследования следов на пулях и гильзах, образующихся при выстреле из гражданского огнестрельного оружия, изготавливаемого на базе боевых образцов

Submission on the New Zealand Arms Legislation Bill of 2019

The Arms Legislation Bill of 2019 creates a regulatory behemoth that focuses exclusively on non-violent, lawful firearms ownership. No convincing evidence has been presented to justify the numerous restrictions on the lawful use and possession of arms and ammunition. A review of the international evidence shows that civilian firearms ownership does not pose a public safety hazard. Moreover, there is no convincing evidence that the introduction of strict regulations on firearms ownership acts to reduce criminal violence or suicide rates. The Arms Legislation Bill of 2019 focuses exclusively on firearms, but terrorists use a variety of methods to murder large numbers of people. How will the billions of dollars spent on creating an ineffective if massive police bureaucracy be justified if another mass murder occurs again whether or not firearms are involved?