How to use the “travmatiki” and not go to jail
The use of traumatic weapons often leads to the dock — even if the owner tries to act strictly within the law. Experts explain this by the peculiarities of our self-defensive military law and the specifics of the weapons. “Travmatika” — a thing disputable claims to it is, as the supporters of civilian weapons and enemies. First complain about the inefficiency — say, the power of traumatic ammunition is too small to effectively stop the attack. Second, on the contrary, as too dangerous, saying that non-lethal weapons is often used unless absolutely necessary, and inflicted upon them injuries often lead to death. .<url>” decided to find out how to defend themselves with “trauma” and not go to jail.
What officials don’t like “OS”
“Traumatic weapons”, “travmatika” — the informal name of firearms limited destruction (ooop). This term was introduced in 2011. To ooop http://www.consultant.ru/document/cons_doc_LAW_12679/5fc236425073a56a93e21dac7be959c333bcb8bf/” target=”_blank” rel=”nofollow”> are pistols, revolvers and tubeless system “OSA”, “Guard”, “aegis”, is used as the main ammunition of the so-called traumatic cartridges. Instead of bullets here, a light ball made of thick rubber (pistols and revolvers) or heavy rubber bullet with a metal core for tubeless systems).
Muzzle energy traumatic cartridge must not exceed 91 joules, but the energy of a standard cartridge to the Makarov pistol is 300 joules.
In Russia, the first traumatic pistol for the civilian market — BP-4 “Wasp” — was certified in 1999. Since then, many officials of the interior Ministry and lawmakers are waging a war with this means of self-defense of citizens: the opponents of “travmatiki” believe that it is too often used in fights, traffic conflicts and other circumstances that do not require self-defense.
Tubeless gun “Wasp”
Photo: Grigory Sysoev / RIA Novosti
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Experts on guns and self-defence admit that deletelast “rezinostrela” indeed reduces the psychological barrier to the use of weapons. For example, the owner of a hunting rifle knows that if you use it, you can kill a man. And non-lethal “rezinostrela” is often perceived as something frivolous “weapons to fight” or “make a fist”, which can strike the offender, without fear of reprisal. The trouble is that nesmrtelnost “travmatiki” is relative. A shot from “Wasps”, for example, is comparable to a hammer blow. If hit in the chest man, dressed in thick winter clothes, do no harm, and if — in the head or the eyes?
On the other hand, statistics show that the social danger of “travmatiki” is greatly exaggerated. In 2010, at the peak of “antitrauamtic” hype of the Deputy chief of Department of protection of a public order of the interior Ministry, major General of militia Leonid Reference reported that in the five years from the traumatic weapon has killed 65 people, about 485 were wounded (this includes cases of legitimate self-defence, illegal use, accidents and even suicide attempts). For comparison: in 2010, according to the interior Ministry, the country made more than 15.5 thousand murders and attempted murders, but only as a result of criminal attacks killed 42 thousand people.
Where to wear
The law http://www.consultant.ru/document/cons_doc_LAW_12679/bf02c10cdff4f0e8585bde194e0f1e786b56f897/” target=”_blank” rel=”nofollow”>allows the citizen to have two pieces of major crimes. The process of purchasing “rezinostrela” is identical to the purchase of hunting weapons: you need to collect documents, pass medical examination and special training. Every five years the owner of the weapon is obliged to reregister. Amendments to http://www.consultant.ru/document/cons_doc_LAW_12679/” target=”_blank” rel=”nofollow”>the law “On weapons”, adopted in 2011, has significantly limited the rights of major crimes: do not be with weapons at public events (rallies, meetings, etc.), educational institutions, entertainment facilities, working at night and selling alcohol, etc.
In most cases, the question “let — not to let” solves the administration of the particular institution. By the way, the ban on the carrying of weapons in night entertainment establishments that sell alcohol, closes before the armed men, the doors of bowling or billiard, but not stopping to visit restaurants or shopping centers, which are public catering establishments and trade.
If you are sure that the protection of the institution violates the law, not floating you with a weapon inside, can be required from the security chief of the appropriate written waiver. It is not excluded that security will reconsider its decision.
Sometimes the security service offers to hand over weapons for temporary storage. Then it is necessary to ask whether the chop appropriate license. If not, the security company can be charged with unlawful removal of weapons, and the owner in the transfer of weapons to third parties.
The Gun Grand Power T12
Photo: “Armorer”
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The law permits to keep weapons in the “place of residence”, that is, “in trauma” you can leave at work, locked in a safe or Cabinet, the key of which is only for you. There is no prohibition to leave the gun in the car — in the glove compartment or under the seat. But lawyers warn that the police love to attract gun owners for violation of rules of storage.
Article 6 http://www.consultant.ru/document/cons_doc_LAW_12679/d542c9b621f4c3b3add21c37bd569cd489aea5e8/” target=”_blank” rel=”nofollow”>prohibits the carrying of weapons in a state of alcoholic intoxication, but does not say what is. “We need to refer to documents of the Ministry of health to find out how to determine the condition of alcoholic intoxication and what kind of procedure is appropriate for testing”, — says the Chairman of the Board of public organization “Right to arms” Igor Shmelev.
How to shoot
Formally, the weapon can be “protection of life, health and property in the state of necessary defense or extreme necessity”. Practice shows that active self-defense often leads to big trouble. “Our law enforcement system in cases of use of weapons does not excite the case of excess of necessary defense, and stimulates murder or grievous bodily harm”, — says Shmelev. This occurs if the life and health of the attacker suffered serious damage, but the defenders can press charges. “For many years the police have setup one — any use of a beanbag gun to qualify as hooliganism with a use of weapons. To prove self-defense is now daunting,” — said the Chairman of the Presidium of the Moscow bar Association “Gurov, Gaidai and partners” Dmitry Gurov.
With the help of experts we attempted to create a step by step instruction as the most correct from a legal point of view, are the major crimes in the attack.
If there’s a conflict, it is better to take care of the evidence of his innocence: to enable a mobile phone camera or a voice recorder. To see if around the camera. “Usually by the attackers, two, three, four, and the victim, usually one — says the Chairman of the Collegium of advocates “Ter-Akopov and partners” George Ter-Akopov. — Testimony of several attackers often lead the defending the dock.
Should be loud to warn the aggressor of intent to use the weapon and to fire a warning shot into the air — this is especially important if there are witnesses, a camera or a voice recorder. Of course, in the sudden attack at this time.
“Makarych”
Photo: Victor Korotnev / Photobank Lori
An unarmed enemy can shoot only when you have already started to beat, strangle, etc. Sounds a little absurd, but lawyers say that it is considered self-defense. If an unarmed attacker just grabbed you, trying to get out of the car, or pounding on the door, to open fire on him is not recommended. The enemy with a knife, a stick, a stone, etc. you can shoot when he winds up to strike.
You cannot use weapons against women, persons with obvious signs of disability and minors when their age is obvious or known. Exception — if the persons are armed or group attack.
A headshot almost always regarded as the intent of causing serious bodily injury or death. When considering self-Affairs often have informal rule: who is stronger affected the victim. Tubeless system is particularly dangerous when hit in the head or neck (hammer blow), but a deep penetrating wounds do not cause. But some traumatic pistols (Streamer, T12 Grand Power , “Thunderstorm”) can drive the rubber ball into the body a few inches. This is enough to kill the femoral artery and cause death from blood loss — it’s happened before. Ball, included in the chest — the reason for the charges of grievous harm.
To accurately predict the effect of the use of “travmatiki” is almost impossible, including the fact that traumatic cartridges are made with large tolerances in the linkage of gunpowder. Often shot from ooop generally not impressed on the aggressor, and to prevent the attack, you have to shoot many times
Traumatic pistol, a sawn-off shotgun “Hauda”
Photo: “Armorer”
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After the conflict I needed to call the police and report an assault. “We have the rights of one who first filed, — says Dmitry Gurov. — You ran away, and the assailant called an ambulance, the police and told them what was going, not bothering anyone, and he was shot. You “hang” anything from “Tomboy” to attempted murder.” If any of the attackers were injured, you need to call an ambulance to avoid being accused of failure to render aid.
Hereinafter, the search for witnesses. Identify anyone who can corroborate your innocence. It is better to persuade them to stay until the police arrive, or at least to record contacts, photograph. It is recommended to memorize or take a picture of the room standing next to cars — they too could be witnesses.
Finally, lawyers are advised as soon as possible to consult a good lawyer and do not give it without any testimony. “Everything that is said in the first interrogation has tremendous importance. Even if the person subsequently abandon this testimony, the court has the right to use them as evidence,” says Ter-Akopov, Recalling that it is impossible to use the services of a lawyer provided by the investigators.
Some organizations are offering gun owners special insurance policies which can be in mode hot line to round the clock legal advice, and also free departure of the lawyer in cases of use of weapons and self-defense.
