Today we would like to discuss the topic of homemade knife and clarify a number of issues and problems associated with it.
A visit to one of the editors of amateur artists, which in Russia are vast. He was not too unhappy about «light up», thereby making like a personal invitation to visit his vigilant precinct, so we use a pseudonym, but … this man — one of the many nozhevschikov craftsmen who, in spite of the risk of not very pleasant communication with representatives of the law, does not leave his hobbies.
— Tell us about yourself.
— Yes talk so much and nothing. He graduated from the College of Technology. I went to work at the plant. After — the army; He returned to the factory. Who came to Moscow, I will try to apply for any enterprise engaged in the production of knives. Why is that? Yes tired of semi-legal work, I want to see some of your achievements were appreciated by people.
— It has long been making knives?
— What can I say … The second product, which I did by coming to the plant, was the knife. Clumsy, simple bladed. Knowledge was still not enough, so that tells me how to do it better. I tried, of course, to do as much as possible «nekoryavo.» Who do basically folding knives.
— But it is more difficult?
— But much more interesting. His first «skladnyak» painted and made himself completely, now I have done more than four blades. And while I try not to repeat myself. I reproduce (at least try) Skryleva knives, and Benchmeydovskie Spayderkovskie. Especially like Spayderkovskie.
— And how do you feel about knives?
— First of all, as a tool, and it is very multifunctional. Besides functionality. attracted by something … Some special harmony of lines, some internal content, or something.
— As the wife is your passion?
— Not to say that it pleases her. But she realized that I did not change, and resigned. The only thing still afraid that one is not a perfect night (or day) declared in the form of people. Although I try to reproduce the model of knives that are on sale. I think that if they are sold, so — certified. Less risk.
— But their development has a knife?
— Of course. In this regard, I am very pleased with the article in the sixth issue of your magazine. It turns out that we have with Terzuoloy general approach to designing a knife — that he had, that I have it all starts with the paper.
— If we do not get to get a company engaged in the production of knives, throw this thing?
— No way. It will not work this time, try a different, but still — I’m going to make knives.
Comments to become a lawyer in criminal cases Fedosova Elena Yurievna:
In this conversation touched several issues, and quite difficult.
But first, it seems necessary to understand the basic concepts, which operates the legislator.
Thus, the Criminal Code of the Russian Federation (hereinafter — the Criminal Code) provides for several offenses related to illicit trafficking in arms, and only two of them (Articles 222, 223 of the Criminal Code) are directly related to turnover knives. The basic concepts and rules of arms trafficking are contained in the Federal Law «On weapons» dated November 13, 1996 № 150-FZ.
Under machetes understood weapon designed to hit a target with the help of muscle strength person by direct contact with the object of destruction. Thus, the cold weapons include daggers, bayonets, sabers, swords, battle axes, brass knuckles, flails, etc.
It is noteworthy that in order to fall within the scope of the Criminal Code must be edged weapons or illegally purchase, sell or illegally or unlawfully worn or illegally manufactured.
Under the acquisition meant buying, receiving a gift or payment of the debt, in exchange for goods or services found the assignment, etc.
Under the sale should be understood transfer of knives, gift, exchange, transfer in payment of a debt, etc. Wearing — is to find these objects in clothing or directly on the body of the accused, as well as carrying them in a bag, briefcase, etc. By manufacture of bladed weapons the Supreme Court understands its creation and alteration of any items, as a result of which they acquire the properties of cold steel.
But none of these actions only becomes a crime if committed by illegal. By simple logic operations can come to a conclusion that it is possible to make them legally, which in this case means litsenzionnorazreshitelny order. What does this mean? Only that strict comrades in uniform or without authorized, as usual, the State issuing special licenses to commit all of the above actions. Moreover, such licenses are issued in accordance with Art. 9 of the Law «On Weapons». Licenses for trade in arms, its acquisition, collecting and exhibiting are issued by bodies of internal affairs, and licenses for the production of weapons — the bodies authorized by the Government of the Russian Federation (in accordance with the «Rules for circulation of civilian and service weapons and ammunition on the territory of the Russian Federation», approved by Resolution the Government of the Russian Federation of July 21, 1998 № 814, the procedure for issuing should be developed by the Ministry of Economy of the Russian Federation in coordination with the Interior Ministry). The license is valid for 3 years, but it may be extended for 5 years. The license is issued for the purchase of weapons for a period of 6 months.
Speaking of cold steel, the law says that does not belong to the cold steel products that are certified as products for household and industrial purposes, sports equipment, structurally similar to the weapons. It seems that most of the manufactured master knife is not a weapon. But it is our understanding. For law enforcement it is perhaps not so obvious. However, it also does not mean that, making out through the peephole of people in uniform, our hero must plunge voluntarily donate so dear to his heart objects (although such action, according to the note to Art. 222 of the Criminal Code, release him from criminal responsibility). Doubts will allow a specially appointed expert, which should resolve the issue of attribution of certain items to the cold steel. To avoid such problems, produced knives must be certified, and not get too rely on the fact that «played» with them certified Spayderkovskih and Bench-meydovskih, because it is certified and Spayderko Benchmeyd and not the product of our masters.
Briefly summarizing, we can say the following.
To sleep well and do his favorite thing, you must obtain a license for the production of cold arms and certify each product coming out from under the hand of the master. But this ideal.
The current situation with our hero is as follows. If a priori assume that makes it extremely «hozbyt» not interested in the production of these samples, the turnover of which as a civilian and service weapons is prohibited, that is not produces cold bladed weapons and knives, blades and blade are either automatically extracted from the handle by pressing the button or lever and are fixed to, or are put forward by gravity or accelerated motion and automatically fixed when a blade length of 90 mm. In this case, the Criminal Code, the interesting fact, he sells them or not.
That is, sits our master of the house, doing the «right» from all points of view, knives and carefully puts them on the table, so that dark winter evenings to enjoy the fruit of their hands and send them, and even more so to sell to persons known to him or not, he does not think and is not going. In this case, you can safely enjoy any calls at the door of the precinct. If the master-lover makes things that on closer inspection the experts are melee weapons, but master still keep their homes, not even thinking about marketing, the Criminal Code of the Russian Federation perceives his actions constitute a crime under part. 4 Art. 223 and the punishment for such things as face compulsory work for a period of 180 to 240 hours, or correctional labor for a term of 1 year to 2 years, or imprisonment for a term of 4 to 6 months, or imprisonment for up to 2 years. Given that the current penalty of arrest and compulsory labor is not used, are corrective labor and imprisonment that is comforting, but not enough.
But if he not only produces, but also sells edged weapons, there is already obtained a set of crimes qualifying for hours. 4 Art. 223 of the Criminal Code (illegal manufacturing) and h. 4 Art. 222 of the Criminal Code (illegal acquisition, sale or carrying of bladed weapons). The penalty under Art. 222 of the Criminal Code can be in the following versions (omitting does not apply): correctional labor for a term of 1 year to 2 years imprisonment for up to 2 years with a fine of up to 200 times the minimum wage or the salary or other income for the period up to two months, or without it.
Given that both the composition relate to minor offenses, the final punishment for multiple offenses appointed by absorption of less strict punishment to more strict by partial or complete build, but it can not exceed the maximum sentence for the most serious of perfect. Translated into ordinary language, more than two years’ imprisonment and a fine, should not be given. Disappointingly.
The conclusion, as always, one — the law is harsh, but it’s the law and obey it still has. Legalization of its activities is a difficult, but possible. Therefore it is better not to «please» the district and not to create problems themselves.