The defendant, acting contrary to Article 5, paragraph 2 of the Law on Weapons, in his house unlawfully held weapons and ammunition of category B, referred to in Article 4, paragraph 3, item 4 of the Law on Weapons, a semi-automatic rifle of an unknown manufacturer, 7.62 x 39 mm caliber, serial number 2389726, with twenty-one pieces of ammunition of 7.62 x 39 mm caliber, ammunition of category B referred to in Article 4, paragraph 3, item 2 of the Law on Weapons, as follows: eight pieces of 9 mm – D caliber pistol ammunition, for which he did not have an appropriate document on weapons, committing a criminal offence of unlawful possession of weapons and explosive substances referred to in Article 403, paragraph 1 of the Criminal Code.
The Court had seized the semi-automatic rifles and ammunition, according to the provision of the article 75, paragraph 1 of the Criminal Code, where it is stipulated that the objects which were used for or intended for the commission of a criminal offence or which resulted from the commission of a criminal offence may be confiscated, provided that they are owned by the perpetrator.
The defendant on 14 May 2020, in the family house in the settlement of S., Municipality of T., being aware of his actions and acting contrary to Article 5, paragraph 2 of the Law on Weapons, unlawfully held weapons and ammunition of category B, referred to in Article 4, paragraph 3, item 4 of the Law on Weapons, a semi-automatic rifle of an unknown manufacturer, 7.62 x 39 mm caliber, serial number 2389726, with twenty-one pieces of ammunition of 7.62 x 39 mm caliber, ammunition of category B referred to in Article 4, paragraph 3, item 2 of the Law on Weapons, as follows: eight pieces of 9 mm – D caliber pistol ammunition, for which he did not have an appropriate document on weapons, which is how he committed the criminal offence of unlawful possession of weapons and explosive substances referred to in Article 403, paragraph 1 of the Criminal Code. The Police officers came to house of defendant with an order to search his house. Officers of the Police Administration asked him if there was anything to report in the house that is illegal, so he told them that he had a rifle in his room and couple of bullets for the same. Immediately after that, he went to the room with the police officers and showed them where the weapon was. The semi-automatic rifle was on the bed and was covered with a blanket. He explained that he took bullets out of the closet, which belong to that rifle. After that, the police officers continued the search, so they found a few more pieces of pistol ammunition in the closet of his room. He explained that he received this rifle back in 1997. from the state, when there was political turmoil in Montenegro and when they distributed weapons to Albanians in Tuzi. As for the pistol ammunition, he can't remember when he got it. He knew that it was forbidden to keep weapons and ammunition without a proper permit, and he was aware that such conduct was a criminal offense. The court sentenced him to a community service sentence of 200 (two hundred) hours, to be executed over a period of 6 (six) months, no longer than 60 (sixty) hours in the course of 1 (one) month. The court also imposed a security measure – confiscation of the semi-automatic rifle and ammunition.
The criminal offence of unlawful possession of weapons and explosive substances, Article 403, paragraph 1 of the Criminal Code.
Article 403
Unauthorized manufacture, possession, mediation and trade in weapons or explosive materials
(1) Whoever manufactures, sells, procures, exchanges, carries or possesses firearms, ammunition or explosive substances without authorization shall be punished by a prison sentence for a term from three months to three years.
The Basic court in Podgorica have found the defendant guilty for the criminal offence of unlawful possession of weapons and explosive substances referred to in Article 403, paragraph 1 of the Criminal Code. The court had sentenced him to a community service sentence of 200 (two hundred) hours, to be executed over a period of 6 (six) months, provided that it cannot be longer than 60 (sixty) hours in the course of 1 (one) month. The court also imposed a security measure – confiscation of the semi-automatic rifle and ammunition.
The verdict is final.
A community service sentence of 200 (two hundred) hours, to be performed over a period of 6 (six) months, no longer than 60 (sixty) hours in the course of 1 (one) month.
High Court in Podgorica
This verdict is obtained from the official web site of the Basic Court in Podgorica.
It is interesting to note that the convicted in this case, admitted that he had owned a rifle without a permit since 1997, when they distributed weapons to Albanians in the region of Tuzi. there is a lack of information as to why the convict held weapons and ammunition aware that their possession was prohibited, for what purpose he planned to use it, and whether it was for the commission of another criminal offence, especially given that a semi-automatic rifles was involved.