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贩运枪支
     Chapter 1
     Section 1-17

    UNTOC 文献

    • 有组织犯罪公约

    • 贩运人口议定书

    • 偷运移民议定书

    • 枪支议定书

    • 第3 条 术语的使用
       

      原始案文

      Chapter 1

      Scope of application

      Section 1

      Scope of application

      This Act applies to firearms, firearm components, cartridges and specially dangerous projectiles.

      What is provided in this Act on firearms also applies to missile and rocket-launcher systems and gas sprays. However, sections 2-10, 12, 15, 31-33, 35, 35a, 36, 42-45, 45a, 45b, 46-55 and 56-63, section 66(1)(1-3), sections 68, 70-72, 74-77, 80-82, 89, 90, 110, 112 and 112a do not apply to gas sprays. The provisions on other exemptions concerning the scope of application are laid down in section 17. (601/2001)

      Section 2

      Firearm

      Firearm means a tool with which bullets, pellets or other projectiles or incapacitating substances can be fired with the help of powder gas pressure, explosion pressure of primer mass or of other explosion pressure so that it may cause danger to people.

      The following tools are not deemed firearms unless they can, without special knowledge and skills, be converted into tools with which bullets or pellets can be fired so that it may cause danger to people:

      1) nail machines designed and manufactured to be used in construction work;

      2) tools designed and manufactured to be used in life-saving or for a scientific or industrial purpose of use.

      Provisions on the rendering of a firearm permanently unfit for use are laid down by decree.

      Section 3

      Firearm component

      Firearm component means a chamber detached from a firearm and a corresponding component as well as a barrel and breech-closing device.

      Provisions on the rendering of a firearm component permanently deactivated are laid down by decree.

      Section 4

      Projectile

      Projectile means a bullet, pellet or another construct fired with the help of powder gas pressure, explosion pressure of primer mass or of other explosion pressure which may cause danger to people.

      Section 5

      Cartridge

      Cartridge means a ready-to-use combination of a case, primer, powder and projectile and a combination of a primer, powder and projectile, and a corresponding construct suitable for use with a firearm.

      For the purposes of this Act:

      1) shotshell means a ready-to-fire rimmed cartridge consisting of a case, base, bullet or pellets, wadding, powder and of a primer placed in the centre of the base of the cartridge, and a cartridge of a corresponding structure;

      2) centre-fire cartridge means a ready-to-fire cartridge consisting of a case, bullet or pellets, powder and of a primer placed in the centre of the base of the cartridge, and a cartridge of a corresponding structure;

      3) rim-fire cartridge means a ready-to-fire cartridge consisting of a case, bullet or pellets, powder and of primer mass placed on inside the rim cavity causing the powder to ignite, and a cartridge of a corresponding structure;

      4) gas cartridge means a ready-to-fire cartridge spreading tear gas or an incapacitating substance with a comparable purpose of use and effect consisting of a case, powder, primer and of a part turning into a gas when fired, and a cartridge of a corresponding structure;

      5) signalling cartridge means a ready-to-fire rimmed or centre-fire cartridge manufactured to be used for signalling and illumination consisting of a case, powder, primer and of a part producing light, smoke or sound when fired, and a cartridge of a corresponding structure.

      The provisions of the Explosive Substances Act (263/1953) and the provisions issued under it apply to cartridge components which are or which contain explosive substances.

      Section 6

      Types of firearms

      The types of firearms referred to in this Act are a shotgun, rifle, small-calibre rifle, pistol, small-calibre pistol, revolver, small-calibre revolver, combination weapon, gas weapon, signalling pistol, black-powder weapon and another firearm.

      For the purposes of this Act:

      1) shotgun means a firearm with a smooth-bore or rifled barrel designed to be supported against the shoulder with both hands, the overall length of which is at least 840 millimetres and the length of the barrel of which is at least 400 millimetres and which is chambered for a shotshell;

      2) rifle means a firearm with a rifled barrel designed to be supported against the shoulder with both hands, the overall length of which is at least 840 millimetres and the length of the barrel of which is at least 400 millimetres and which is chambered for a centre-fire or rim-fire cartridge;

      3) small-calibre rifle means a rifle chambered for a .22 rim-fire cartridge;

      4) pistol means a firearm the overall length of which is less than 840 millimetres and the length of the barrel of which is less than 400 millimetres and which is chambered for a centre-fire or rim-fire cartridge;

      5) small-calibre pistol means a pistol chambered for a .22 rim-fire cartridge;

      6) revolver means a firearm the total length of which is less than 840 millimetres and the length of the barrel of which is less than 400 millimetres and which is chambered for a centre-fire or rim-fire cartridge loaded into a revolving cartridge cylinder;

      7) small-calibre revolver means a revolver chambered for a .22 rim-fire cartridge loaded into a revolving cartridge cylinder;

      8) combination weapon means a firearm with at least two barrels designed to be supported against the shoulder, the overall length of which is at least 840 millimetres and the length of the barrel of which is at least 400 millimetres and which is chambered for a centre-fire or rim-fire cartridge and for a shotgun cartridge;

      9) gas weapon means a firearm chambered for a gas cartridge and with which no other cartridges can be fired;

      10) signalling pistol means a firearm chambered for a signalling cartridge and with which no other cartridges can be fired;

      11) black-powder weapon means a firearm designed and manufactured to be used only with black powder;

      12) another firearm means a firearm which in its structure, dimensions and other characteristics deviates from the firearms defined in this section.

      Section 7

      Modes of operation of firearms

      The modes of operation of firearms referred to in this Act are single-shot, single-shot with magazine, self-loading single-shot and automatic shot.

      For the purposes of this Act:

      1) single-shot means a mode of operation in which each barrel of a firearm without a magazine is reloaded with a new cartridge after each shot and in which the firing mechanism for each barrel is cocked using outside force after each shot;

      2) single-shot with magazine means a mode of operation in which each barrel of a firearm with a magazine is reloaded with a new cartridge and in which the firing mechanism for each barrel is cocked using outside force after each shot;

      3) self-loading single-shot means a mode of operation in which a firearm reloads and winds up automatically after each shot using the energy generated in the weapon or with the help of an energy source attached to the weapon and in which only one round from each chamber can be fired by one pull on the trigger;

      4) automatic shot means a mode of operation in which a firearm reloads and winds up automatically after each shot using the energy generated in the weapon or with the help of an energy source attached to the weapon and in which several rounds can be fired by one pull on the trigger.

      Section 8

      Pocket gun

      Pocket gun means a revolver or small-calibre revolver which can be fitted into a rectangular box with the inside measuring 140 x 190 millimetres, and another firearm mentioned in section 6 which can be fitted into a rectangular box with the inside measuring 130 x 180 millimetres so that the barrel and the butt are aligned with the bottom of the box.

      When placing a firearm in the box, the magazine shall be detached and the weapon shall be equipped with its ordinary sighting device and grip or with the side plates of the butt, and with no components increasing the external dimensions of the weapon.

      Section 9

      Specially dangerous firearm

      Specially dangerous firearm means:

      1) a grenade launcher, mortar, breech-loading cannon and a firearm of a corresponding structure and purpose of use, and a missile and rocket-launcher system;

      2) an automatic firearm;

      3) a firearm disguised as an object other than a firearm.

      Section 10

      Specially dangerous cartridges and projectiles

      Specially dangerous cartridges mean:

      1) cartridges designed and manufactured to penetrate armour;

      2) cartridges equipped with an explosive or incendiary projectile;

      3) centre-fire cartridges with a hollow point projectile or a projectile which expands on impact which have been designed and manufactured to be used with a pistol or revolver;

      4) cartridges designed and manufactured to fragment on impact;

      5) cartridges with a flechette projectile;

      6) cartridges with more than one bullet.

      Specially dangerous projectiles mean the projectiles of cartridges as referred to in subsection 1(1-3).

      Section 11

      Gas spray

      Gas spray means a tool with which tear gas or an incapacitating substance with a comparable purpose of use and effect can be spread in the air.

      Section 12

      Converting a firearm and firearm component

      Conversion of a firearm means a measure as a result of which the type, mode of operation or calibre of a weapon changes, or a weapon other than a pocket gun becomes a pocket gun.

      Conversion of a firearm component means a measure carried out on a firearm component with the result that the type of the firearm changes in the manner referred to in subsection 1 if the component in question is attached to the firearm.

      Section 13

      Carrying, transport, storage and possession

      For the purposes of this Act, with regard to firearms, firearm components, cartridges and specially dangerous projectiles:

      1) carrying means their use for the approved purposes of use laid down in this Act; (601/2001)

      2) transport means their transfer from one place to another;

      3) storage means their possession when they are not carried or transported;

      4) possession means their carrying, transport or storage.

      Section 14

      Firearms trade (601/2001)

      Firearms trade means the following activities conducted for commercial purposes:

      1) trade and manufacture of firearms, firearm components, cartridges and specially dangerous projectiles;

      2) repair and conversion of firearms and firearm components;

      3) keeping of a shooting range;

      4) training in the use of firearms.

      Section 15

      Weapons collector (601/2001)

      Weapons collector means a natural person or an association or foundation registered or performing a public function in Finland that the Ministry of the Interior has approved as a weapons collector.

      Section 16

      Definitions relating to transport

      For the purposes of this Act:

      1) country of departure means the country from where the inter-State transport of firearms, firearm components, cartridges or specially dangerous projectiles starts;

      2) country of destination means the country where the inter-State transport of firearms, firearm components, cartridges or specially dangerous projectiles ends;

      3) country of transit means the country through which firearms, firearm components, cartridges or specially dangerous projectiles are transported from one country to another;

      4) prior consent means a certificate to be presented to the authorities in a Member State of the European Union (EU) showing that there are no obstacles to the transport of firearms, firearm components, cartridges or specially dangerous projectiles to another EU Member State;

      5) end-user certificate means a certificate issued by the authorities in the country of destination or other reliable certificate on the end user of firearms, firearm components, cartridges or specially dangerous projectiles;

      6) transfer licence means a licence granted for the transport of firearms, firearm components, cartridges or specially dangerous projectiles from one EU Member State to another;

      7) European firearms pass means a certificate issued by the authorities in an EU Member State as referred to in Article 1(4) of Council Directive 91/477/EEC on control of the acquisition and possession of weapons, hereafter the Firearms Directive, showing that the person named in the certificate has in that State the right to possess the firearms, firearm components, cartridges and specially dangerous projectiles entered in the pass.

      For the purposes of this Act, with regard to firearms, firearm components, cartridges and specially dangerous projectiles:

      1) import means their transport to Finland from a country other than an EU Member State;

      2) export means their transport from Finland to a country other than an EU Member State;

      3) transfer means their transport from one EU Member State to another;

      4) transit means their transport from a country other than an EU Member State, via Finland, to a country other than an EU Member State.

      Section 17

      Exemptions concerning scope of application

      This Act does not apply to:

      1) transfer to or from Finland, import, export, acquisition or handing over of firearms, firearm components, cartridges and specially dangerous projectiles by the State for State purposes;

      2) possession of firearms, firearm components, cartridges and specially dangerous projectiles owned by the State if the reason for the possession is carrying out the tasks of persons employed by the State, persons studying in State educational institutions or of those completing their military service based on conscription or their voluntary military service;

      3) acquisition of cartridges for firearms as referred to in paragraph 2 if the cartridges are acquired by persons employed by the State or persons studying in State educational institutions;

      4) exercises or competitions relating to voluntary defence work arranged by the Defence Forces under the leadership of a person employed by them;

      5) transport or storage of firearms, firearm components, cartridges and specially dangerous projectiles owned by the State;

      6) manufacture of firearms, firearm components, cartridges and specially dangerous projectiles in State establishments;

      7) repair or conversion of firearms and firearm components in State establishments;

      8) handing over of firearms, firearm components, cartridges and specially dangerous projectiles removed from use by the State;

      9) firearms, firearm components, cartridges or specially dangerous projectiles which have come into the possession of State authorities on the basis of tasks within their competence;

      10) transfer to or from Finland, import, export, manufacture, repair, conversion or possession of firearms, firearm components, cartridges and specially dangerous projectiles belonging to the armed forces of a foreign State if the activity is based on the Agreement among the States Parties to the North Atlantic Treaty and the other States participating in the Partnership for

      Peace regarding the status of their forces (Finnish Treaty Series 65/1997) or on another international peacekeeping assignment, or if the activity has been granted permission under the Territorial Surveillance Act (755/2000); (601/2001)

      11) transfer to or from Finland, import, export or possession of firearms, firearm components, cartridges and specially dangerous projectiles belonging to the competent officials in States applying the Schengen acquis referred to in Article 40 or 41 of the Convention implementing the Schengen Agreement on the gradual abolition of checks at common borders, hereafter the Schengen Convention, provided the activity is based on surveillance or pursuit as referred to in the above mentioned articles of the Schengen Convention. (601/2001)