The procedure for the use, circulation, storage of weapons of any kind is regulated by the Federal Law No. 150. Violation of the requirements enshrined in it entails punishment. In particular, criminal liability has been established for the careless storage of firearms. Consider further the features of this crime.
Careless storage of firearms: Art. 224 CC
This norm establishes sanctions for violation of safety rules when handling firearms. Moreover, the article provides a number of mandatory signs of the composition of the act.
The punishment is provided for the careless storage of firearms, which created the conditions for its use by an unauthorized subject, if this caused the death of a person or other serious consequences. The perpetrator in such cases faces one of the following punishments:
- Cash recovery of up to 100 thousand rubles. or making up the amount of income for six months.
- Up to 360 hours of required work.
- Up to six months of arrest.
- Up to a year of corrective labor or restriction of freedom.
If two or more people die as a result of careless storage of firearms, the punishment is tightened. Guilty faces:
- Up to 480 hours of compulsory work.
- Up to 2 years in prison or correctional labor.
Object and subject
Negligent possession of firearms is a crime that infringes on social relations related to the safe handling of weapons. The subject of an act is a concrete object of the material world. It is exclusively a firearm.
It should be kept in conditions that ensure safety, security and prevent unauthorized access by outsiders. The storage procedure defined in the Federal Law No. 150 is specified in the Rules for the Traffic of Arms and Ammunition in the Russian Federation, approved by Government Decree No. 814 of 1998.
Important point
Responsibility for the careless storage of firearms occurs if a person lawfully owns them. In other words, the subject must be its owner, have permission to carry and store, issued in the prescribed manner.
Illegal possession of weapons constitutes the composition of an act provided for in article 222 of the Criminal Code.
Objective side
It is characterized by a person's failure to comply with generally accepted or specially established safety rules. For example, careless storage of firearms is considered to be their maintenance in an open room, in a place accessible to outsiders. Such conditions create an opportunity for the capture of crime by other entities.
As one of the mandatory characteristics of the composition is the use of weapons by an unauthorized person who does not have legal rights to it.
Use involves firing a shot that harms another person’s health / life. An outsider can take possession of a weapon and commit another crime: hooliganism, robbery, etc.
Grave consequences
This is the second mandatory feature of the composition under consideration.
The grave consequences arising from the careless storage of firearms include death, the use of the subject of a crime to commit other unlawful acts, suicide, infliction of grievous and moderate harm to health, etc.
It must be taken into account that the causal relationship between the crime and its consequences is mediated through the actions of an outsider.The grave consequences do not follow directly from the careless storage of weapons, but are the result of their use by an improper person in violation of established safety rules. From this follows one more obligatory sign of the composition under consideration - the creation of conditions under which weapons fall into the wrong hands and are used for other purposes.
Features qualification of the behavior of an unauthorized person
A person who seizes a weapon as a result of a violation by the owner of safety rules and commits a crime with his help is punished under the relevant articles of the Criminal Code.
In addition, if there are grounds and depending on the circumstances, the actions of an outsider can be qualified according to article 222 (for illegal possession of weapons) or to the 226 norm (if signs of theft are detected).
Subjective part
The crime is committed by the subject through negligence. Due to the fact that the obligatory element of the composition is the occurrence of serious consequences, the guilt of a person is determined by his attitude to them.
The age of responsibility under article 224 is 16 years. The subject of a crime can only be a sane individual whose weapon is legally. In case of unlawful possession of the subject of a crime, his actions are qualified under article 222. Additionally, sanctions 224 norms are not imputed.
Additionally
The subject whose duties include the protection of weapons for their careless storage shall be held liable under article 225. Art. 224 is not applicable in this case. In Art. 225 provides for liability for failure to fulfill obligations assigned to a person. Unlike article 224, a mandatory feature of this composition is the occurrence of not only serious consequences, but also the theft or destruction of weapons.
If a person acted not with carelessness, but with intent, then he is recognized as an accomplice in a deliberate crime. His behavior in this case does not fall under article 224. It is, in particular, about situations where a citizen intentionally created the conditions under which an unauthorized subject gained access to weapons for subsequent use for illegal purposes.
The crime stipulated by norm 224 is considered to be a minor offense.