top of page
Writer's pictureJarosław Kruk

Manufacturing and marketing of explosives, weapons, ammunition - Amendment of the Act

30.08.2021

Author: Jarosław Kruk - Attorney at law, Managing partner | Michalina Grzyb - Trainee


Amendment of the Act of 13 June 2019 on the exercise of economic activity in the field of manufacturing and marketing of explosives, weapons, ammunition, products and technology for military or police use.


The Amendment of the Act of 13 June 2019 on the exercise of economic activity in the field of manufacturing and marketing of explosives, weapons, ammunition, products and technology for military or police use passed on June 24, 2021 and came into force on August 4, 2021. The change was a result of implementation of the two EU directives in national law. The first one- Commission Implementing Directive (EU) 2019/69 of 16 January 2019- lays down technical specifications for alarm and signal weapons and the second one- Commission Implementing Directive (EU) 2019/68 of 16 January 2019- that establishes technical specifications for the marking of firearms and their essential components.


According to the first directive the act includes in its subject matter control of the alarm and signal weapons and defines it as devices that use blank cartridges, irritant substances, other active substances or pyrotechnical, signalling cartridges for only alarming and signalling purposes.


For trade of alarm and signal weapons you do not need licence, but you need to obtain certificate that proves that the weapon was made witch technical specifications that guarantee that device cannot be modified through the use of ordinary tools either to expel or to become capable of being converted to expel a shot, bullet or projectile by the action of a combustible propellant, that is so it cannot be described as a firearm.


Every small change in technical documentation or in the way that the weapon is made, causes the need to renew the verification and obtain new certificate. Verification and delivery of the certificate by authorised operator is non-gratuitous and costs no more than average monthly salary. For trading alarm and signal weapons without giving acquirer the copy of the certificate there are determined certain punishments such as: fine, penalty of limitation of liberty, imprisonment for maximum period of 2 years.


Police commander also needs to make a National Contact Point for alarm and signalling weapon cases which includes among other things, performing tasks of Police Commander such as registration of alarming and signalling weapons.


According to the second directive the act also includes changes regarding technical specifications for the marking of firearms and their essential components. Every single firearm and their essential components are marked by their manufacturer right after finished production of the weapon. The act also specifies what minimum font size, language or technics need to be used for the marking.


Beside the new regulations regarding alarming and signalling weapons and marking of the firearms the act also includes information about medical and psychological reports that need to be issued not earlier than 3 months before submitting the application for license or change of license. Also it also informs about the prohibition of exercising any economic activity in storages with explosives, weapons, ammunition, products and technology for military or police use.

Comentários


KW KRUK AND PARTNERS
bottom of page