Draft Bill On Firearms With Percussion And Gas Cartridges And Internal Commission Report

Period: 23
Legislation Year: 2

Grand National Assembly of Turkey               (Number of pages: 54)

Draft Bill on firearms with Percussion and Gas Cartridges and Internal Commission report (1/437)

TO THE ATTENTION OF GRAND NATIONAL ASSEMBLY OF TURKEY

“Draft Bill on firearms with Percussion and Gas Cartridges” prepared by the Ministry of Internal Affairs and agreed to be sent to your Chairmanship by our Ministry on 26/2/2007 and its justification is attached.

For information and further action

GENERAL JUSTIFICATION

Also called blank firing guns, firearms with percussion and gas cartridges are not included in Law no: 6136 for the Firearms and Knives and Other Tools and Law No. 2521 on manufacturing, transactions and possession of the hunting rifles, knives and target shooting rifles for sport due to their characteristics. As there are no legal arrangements on them in other legislative provisions, producing, selling, transportation or carrying these does not require a permit or ant documentation. In addition, as well as being produced in our country, these guns can be imported from abroad in accordance with the general provisions.  Recently according to our observations, by taking advantage of the fact that these are almost identical to guns that require a permit, these guns are used in crimes such as usurpation, robbery, burglary, mugging, threats, kidnapping, getting to sign a bond by force etc., and the courts accept that these crimes have been committed with a gun and select the punishment accordingly. However, as these guns are not considered as firearms subject to a permit, as it is not legally forbidden to carry them and as people can easily obtain them, it was determined that their use has become more widespread and this situation has a negative effect on the peace and safety of the society. Therefore in order to prevent crimes committed with these guns, which come quite often into the agenda of public debate, it became a necessity to make legal arrangements that will fill the current gap. Up until today various actions were taken to put these guns under control. in order to make the imports of blank firing guns subject to permission, attempts were to include the said guns under materials which require documentation conformity to general security and order and it became compulsory to get a permission for importing these guns. Once make the imports of blank firing guns became subject to permission, work has been carried out by the Ministry of Internal Affairs with the participation of Ministry of Defense and Ministry of Industry and Trade to make legal arrangements in terms of their production. Ministry of Defense informed us that their Ministry has not given any permissions fro the production of these guns and this is not included within the scope of its duty and Ministry of Industry and Trade informed us the production permission for these guns is given by evaluating criteria such as the production documentation given to these industrial organizations that produce these guns, capacity report for the related Chamber of Industry/ Commerce, the industrial record from the Ministry, job creation, value added and export potential;  no examples of such a precaution in terms of banning the production of these guns was seen in other countries including EU countries and the issues related to this matter arise from imports, possession and carrying of these guns. We were informed that that an attempt to the Ministry of Justice was made to include the blank firing guns under the Turkish Penal Code number 765, which is now obsolete and this Ministry stated elements of crime in the first paragraph of Article 526 of Turkish Penal Code number do not apply  to firearms with percussion and gas cartridges, for carrying and possession of which there are no provisions in Law Number 6136 and production and sales of which are  allowed; in case these guns are used outside their purpose, it is  possible to apply the provisions of Turkish Penal Code; it was possible to pursue a criminal remedy using administrative measures in matters which are legislated by law. In order to prevent possible incidents from occurring, not to harm the public security and that a crime for which there are no sanctions is constituted, governorships brought restrictions possession, carrying and firing of blank firing guns with percussion and gas cartridges based on the 11^th Article of Provincial Administration Law number 5442, local courts took legal action against those who do not act in accordance with these restrictions according to 526th Article of Turkish Penal Code number 765. When appeals were made, the decisions of local courts were sent to Supreme Court of Appeals and the Supreme Court of Appeals nullified the conviction decisions on the basis that firearms with gas cartridges do not constitute a crime and there are no legal arrangement on carrying, sales and possession of them and the restriction decisions made by governorships became void. The Ministry of Internal Affairs issued circulars at various point of time stating these guns shall not be sold to anyone under eighteen; all guns sold shall be reported to civilian authorities; the sales of these guns shall be subject to inspection, in order to fill this current legal gap. However as crime and punishment should be legislated by law, the administrative actions in this field had no sanctions. Legal experts were consulted to find out what sorts of action can be taken within the scope of the general regulatory provisions, ant we were informed that no administrative restrictions can be made with regard to these guns and as any restrictions are removed by the judicial authorities, in case of their use outside their purpose legal action should be taken according to general provisions and in case they are brought in the country without a permission, legal action should be taken due to the crime of importing good using illegal methods. According to a study by the General Security Directorate, there are 356.218 registered  “so-called” blank firing guns in our country as of 2004 and between 2002 and July 2004 11249 crimes were committed using these guns and 4283 crimes were committed in which these guns were indirectly involved. Considering these guns, on which there are no  legal arrangements, both in terms of appearance and the noise they make when they are fired due to the nature of their cartridge they cannot be distinguished from real guns unless studied closely; also considering that they are used by many ill-intentioned people in various crimes, and they are used to fire in the air during weddings and sport contests  in fact considering that they are given to security personnel even though real guns are used, and considering that this situation has a negative effect on public security and fear and panic is created among members of public, and also considering by modifying the barrels of these guns they are converted into real guns , it becomes inevitable to make legal arrangements in this matter. With the bill, in light of the above justifications, it was aimed to make legal arrangements on the production, imports, carrying and possession of firearms with Percussion and Gas Cartridges also called blank firing guns, on which there are no arrangements in legal provisions.

JUSTIFICATİONS OF ARTICLES

Article 1- In this Article it is stated that the aim is to fill the current legal gap on   firearms with Percussion and Gas Cartridges, which are used in various crimes due to their similarity to real guns that are subject to a license and which are found to harm public peace and security and on which there are no arrangements in legal provisions.

 Article 2- In this article the scope of the law has been determined. In addition, the definition in this article clarifies the term firearms with percussion and gas cartridges and includes the handgun called “blank firing gun”, in order to remove any doubts and accomplish common practice.  

Article 3- With this article Production of guns covered by this Law is subjected to the consent of the Ministry of Industry and Trade and procedures and principles concerning production shall be defined by the regulation to be issued by this Ministry, provided that opinions of related institutes and authorities are taken. The aim of this arrangement is to make the production of these guns subject to certain standards and to get the related associations and organizations to contribute to these arrangements.  In addition, it is made compulsory to manufacture these guns in such way that they cannot later be converted into type of guns that are subject to a license. The aim here is to prevent the use of these guns, which are cheaper and easier to obtain, in crime as real guns.  On the other hand it is stated in the article that import and export procedures of these guns covered by this Law are performed according to general provision and the approval of Ministry of Internal Affairs and Ministry of Industry and Trade is required for the import of these guns. Thus an inspection mechanism has been formed to check that the guns imported are of the same specifications as the guns produced here, especially in the sense that they are manufactured in such way that they cannot later be converted into firearms.

Article 4-  By forbidding carrying of guns covered by this Law and selling them to and those under the age of 18, it was aimed in this article to fill the legal gap in this matter. It has been encountered that these types of guns which are almost identical to guns that require a permit are often used in crimes such as usurpation, robbery, burglary, mugging, threats, kidnapping, getting to sign a bond by force etc., by exploiting this similarity and this situation has a negative effect on the peace and safety of the society. Thus this arrangement is very important to prevent crimes committed with these guns, which come quite often into the agenda of public debate, before they are committed. The clause that state carrying these guns is regarded as a crime by itself and the clause on the transportation of these guns in boxes such way that use of them shall not be convenient at any moment and that they cannot be easily reached aims to prevent people from carrying these guns and use them in crimes. In addition, this article enables the sale of these guns in places licensed by governorships for selling projectiles, hunting ammunition or shotguns only and makes it obligatory for dealers selling these guns and those who transfer such dealerships to and from third people and those who newly purchase them to make a declaration in local civilian authority within 1 month, and therefore puts these transactions under inspection.

Article 5- Article 5 imposes heavy penalties for those who produce guns covered by this Law without permission and/or those who convert them into real firearms. The second clause of the Article subjects those who modify the guns covered by this Law in an effort to turn them into guns requiring licensing to the provisions of Law no: 6136 on those who produce firearms without a permit.

Article 6- In this Article, the sanctions for those who carry firearms with percussion and gas cartridges without permission or sell them in violation of the listed prohibitions is defined.

Article 7- According to thisArticle, procedures and principles regarding the features, production, import, export, and sales of, obtaining, possessing and carrying firearms with percussion or gas cartridges covered by this Law, as well as permissions, registration and approval procedures in respect to such guns are specified by a regulation. 

Provisional article 1- This Article aims to necessitate those possessing guns covered by this Law to register them. It also has a clause stating that it is not necessary for those factories and mills which manufacture guns or shotguns to get a new license as long as they document that their production is in accordance with the conditions set forth by this Law and their permission from related authorities. It necessitates all gun manufactured before this Law enters into effect and all guns produced after it enters into effect to be registered in order to keep an industry inventory on the production of these guns.

Article 8- Article on enactment of law.

Article 9- Article on execution of law.

22nd Period Internal Commission Report

Grand National Assembly of Turkey

    Internal Commission                               09/05/2007

File Nr.: 1/1319,2/964

       Decision Nr.: 63

TO THE ATTENTION OF GRAND NATIONAL ASSEMBLY OF TURKEY

The “Draft Bill on Firearms with Percussion and Gas Cartridges” prepared by the Ministry of Internal Affairs on 07.03.2007 and presented to the President of the Grand National Assembly of Turkey and the “Proposal submitted by Istanbul MP Gulseren Topuz on Firearms with Percussion and Gas Cartridges” have been sent by your Presidency on 12/03/2007 and 07/03/2007 respectively to our Commission as the main Commission and Justice and Industry, Trade, Energy, Natural Resources, Information and technology Commissions as the secondary Commissions. On its 51st meeting on 18/04/2007 our commission discussed the draft bill and the proposal as part of its agenda and as it regarded them both of the same nature it decided to combine them and take the text of the Draft Bill as the basis. Our Commission decided that a Sub-Commission should be formed in order to develop the combined draft and the proposal further. The elected member so f the Sub-Commission, Şevket Gürsoy, MP,  Adıyaman; Muharrem Tozçöken, MP, Eskişehir; Mehmet S. Kesimoğlu, MP, Kırklareli; Veli Kaya, MP, Kilis; Seracettin Karayağız, MP, Muş and Mehmet Kartal MP, Van voted Seracettin Karayağız, MP, Muş as their President and started their work.  Representatives of Ministries of Internal Affairs, National Defense, Justice, Finance, Industry and Trade took part in the Sub-Commission meetings. Having observed the Proposal and its justifications, the Sub-Commission completed its work on 26/04/2007 and presented its report and the text to our Commission. Our commission reviewed the Sub-Commission report and the text on its 52nd Meeting on 09/05/2007 in presence of representatives of Ministries of National Defense, Justice, Finance, Industry and Trade and settled the case. The attempts to fill the legal gap on production, imports, sales, carrying and possession of firearms with percussion and gas cartridges, also called blank firing guns.

The following amendments were made on the draft bill by the Sub-Commission:

1. The 1st article which defines the aim of the bill and the 2nd article, which defines the scope are interrelated and they repeat each other. Therefore these two articles have been combined in one article entitled “aim and scope”.

2. The 3rd Article of the bill regulates production, import and exports of blank firing guns. The second paragraph of the Article beings forth the provision that they should not be later converted into type of guns that are subject to license according to the conditions set forth by the Law no: 6136. However as the aim here is to prevent the conversion of blank firing guns into guns covered by law number 6136, regardless whether they are licensed or not, the phrase “subject to license” has been removed from the tect of the article. On the other hand, it was found necessary to place a mark on the blank firing guns during production, in order to make them clearly distinguishable from a real firearm and thus it was made obligatory to put a mark that on blank firing guns that distinguishes them. What this mark will be is to be determined by the regulation.

3. The 4th article of the bill bans carrying of blank firing guns, distinguishes the difference between transportation and carrying and regulates its sales. The Sub-Commission rephrased this article as it was thought that relating it to the 53rd Article of the Turkish Penal Code was not necessary. The sub-commission by distinguishing the difference between committed crimes covered by the Law no: 6136 and crimes committed using firearms, rewrote these to situations separately within the same text.  Though a proposal was made by a member of our Sub-Commission to  include the fact that those who do not have any obstructions to buy a blank-firing gun should be determined by obtaining a Criminal Record from the Office of the Director of Public Prosecutions, it was decided that thee is no other way to go about it. However it was stated that determining whether the criminal record causes an obstacle to buy a blank firing guns is not easy and that it should be compulsory to present this document to security forces. As it was decided that it would be more appropriate to include the details of this topic in the regulations and thus no insertions were made to the article.

Subparagraph (c) was added to the first clause of the Article to include selling of those that are manufactured in violation of procedures set for manufacturing in the ban and thus sanctions apply to those who sell illegally manufactured guns.

The “governorship” phrase in the second clause of the article has been removed as it was no need for it, and so that it does not cause any legal problems the phrase “transfer of ownership” was corrected as “those who transfer ownership and sell” and “transfer of ownership by buying”   

In the final clause of the article an attempt is made to define the difference between transport and carrying.  By adding the phrase “in an empty state” to the clause, it was made compulsory to transport blank-firing guns without bullets in them and those guns captured loaded are not regarded as being transported.

4. The 5th and 6th Articles of the Draft bill regulate penal provisions.  Therefore these Articles have been combined under one article and the title has been changed as “penal provisions”. Those who manufacture them in violation of procedures set for manufacturing described in first clause of the 5^th Article shall be subject to imprisonment from 1 year to 3 years. It is stated in this article that procedures in respect to such guns are specified by the regulation. According to this, it is anticipated that the punishment for the crime is regulated by the law, but the crime is regulated by the regulation.  As this arrangement is against the legality principle of crime and punishment, this arrangement has been changed and the contradiction has been corrected. In the new arrangement those who manufacture them in violation of procedures set for manufacturing shall be subject to monetary fines and in case of repetition of this crime the monetary fine shall be heavier. On the other hand in case of manufacturing in violation of procedures set for manufacturing, not just the producers but also the sellers face these sanctions and thus an attempt has been made to prevent production which does not comply with the standards.

In the second clause of the 5th article it is stated that the punishment in the 12th article of the Law number 6136 shall be applicable to those who make modifications, in order to prevent conversion of blank firing guns into guns covered by the Law no: 6136, During the discussions of the Sub-commission if blank firing guns are included among the guns covered by law number 6136, the provisions of law number 6136 shall apply and no other provisions shall be necessary. However it was said that a sub-clause stating “The provisions of Law number 6136 are reserved” would not leave room for any doubts in the application and thus the clause has been amended this way.

5. The three month period allocated for the issue of the provision was considered to be too short and this period has been extended to six months.

6. The provisionary article includes provisions which allow the owners of blank firing guns and the producers to adapt to the new situation once the new arrangements come into effect. However as the provisions regarding application will be determined by a regulation which will go into effect in six months time and therefore the time granted to the producers should start after the date on which new arrangements come into effect. The Sub-Commission rephrased the Article in consideration of the above.

7. As the numbers of Articles in the Draft Bill have been reduced from 9 to 7, the order of the articles was remade.

Our Commission adopted the text by the Sub-Commission in principle and made two amendments on it. The amendments are as follows:

1. We did find it appropriate to include a sub-clause stating “The provisions of Law number 6136 are reserved” so that there is no room for any doubts in the application as suggested by the Sub-Commission. It is obvious as stated in the Sub-Commission Report the provisions of law number 6136 shall apply and no other provisions shall be necessary, if the blank firing guns become one of the guns covered by the Law no: 6136.?Our commission therefore removed this sub-clause number (2) from the text of the article.

2. The provisionary article 1 attempts to overcome any incompatibilities which may arise once the new law comes into effect. The duration in the second clause start after the regulation comes into effect. However, even though a one year period is given in the first clause, the duration starts once the law is published. Our commission corrected this incompatibility and extended the duration in the second clause to one year after the regulation comes into effect.

The rest of the Articles in the document of the Sub-commission have been adopted as they are.

We would like to present our Report to the General Committee.

Best regards,

Internal Commission Report

Grand National Assembly of Turkey

    Internal Commission                               12/11/2007

        File Nr: 1/437

       Decision Nr.: 4

TO THE ATTENTION OF GRAND NATIONAL ASSEMBLY OF TURKEY

The “Draft Bill on Firearms with Percussion and Gas Cartridges” prepared by the Ministry of Internal Affairs on 07.03.2007 on the 22^nd legislative period presented to the President of the Grand National Assembly of Turkey has been discussed by the Internal Commission and the Commission report has been issued with order number 1415.

The report, which is in the Agenda of the General Assembly, has not been discussed in the 22nd period o the General Assembly and became void in accordance with the 77th Article of the internal regulations.

The Government renewed the said draft bill on 10/10/2007. The Draft bill sent to your presidency on 22/10/2007 with file number(1/437) was resent to our Commission and in its 3rd meeting on 7/11/2007, our commission reviewed and discussed the Draft Bill in presence of representatives of Ministries of Internal Affairs, Finance and Justice.

As a result of the discussions on the whole of the bill, the following views and requests were shared:

l The monetary fine foreseen by the draft bill is not sufficient, it should be increased

l The administrative monetary fees are not aversive due to their nature and penal sanctions under Turkish Penal Code should be applied

l Advertising of the guns covered by the Code, which encourage guns, should be banned 

l The provisions regarding blank firing guns should not be issued as a separate law, they should be covered by the law 6136 for the Firearms and Knives and Other Tools dated 10/7/1953,

l The periods given in the provisional articles are too long

l It should not be sufficient just to get a criminal record in order to obtain a blank firing gun, report confirming that the person is healthy as a result of a psychiatric examination is also necessary,

Following the discussions, all of the draft bill and its justification were found to be appropriate by our Commission. Before the discussion of the articles, with the proposal of a motion in accordance with the 77th Article of the Internal Regulations, the text of the draft Bill which as accepted by the Internal Affairs Commission on the 22nd period was adopted as it stands.

We would like to present our Report to the General Committee.

TEXT PROPOSED BY THE GOVERNMENT

DRAFT BILL ON FIREARMS WITH PERCUSSION OR GAS CARTRIDGES

Purpose

            ARTICLE 1- (1) Purpose of this Law is to arrange procedures and principles regarding firearms with percussion or gas cartridges.

            Scope

            ARTICLE  2- (1) This Law covers procedures and principles regarding the features, production, import, export, and sales of, obtaining, possessing and carrying firearms with percussion or gas cartridges, as well as permissions, registration and approval procedures in respect to such guns. 

(2)  Firearms with percussion or gas cartridges referred in this Law imply firearms that are also known as “blank firing guns”

            Production, import and export

            ARTICLE 3- (1) Production of guns covered by this Law is subject to the consent of the Ministry of Industry and Trade. Procedures and principles concerning production shall be defined by the regulation to be issued by this Ministry, provided that opinions of related institutes and authorities are taken.

            (2) It is obligatory that the guns covered by this Law should be manufactured in a way that they should not be later turned into type of guns that are subject to license according to the conditions set forth by the Law for the Firearms and Knives and Other Tools, dated: 10/7/1953 and no: 6136.

            (3) Import and export procedures of these guns covered by this Law are performed according to general conditions. However, for import of these guns, approval of Ministry of Internal Affairs and Ministry of Industry and Trade is looked for.

            Carrying, sales and transportation

            ARTICLE 4- (1) Concerning the guns covered by this Law,

a) Carrying them, and

b) Selling them to those sentenced to prison for at least 1 year for intentionally committed crimes even though time intervals mentioned in Article 53 of the Turkish Penal Code have passed, those who have been found guilty of crimes committed with fire arms and those under the age of 18 is forbidden.

            (2) Sale of these guns shall be accomplished in places licensed by governorships for selling projectiles, hunting ammunition or shotguns. Dealers selling these guns, those who transfer such dealerships to and from third people are obliged to make declaration in local civilian authority within 1 month.

             (3) Guns in question may be transported in boxes in a way that use of them shall not be convenient at any moment and that they cannot be easily reached. Transportation of these guns in any other way, as not mentioned in this paragraph, shall be deemed as ‘carrying’.

Penalties on production without permission

           ARTICLE 5- (1) Those who produce guns covered by this Law without permission and/or those who manufacture them in violation of procedures set for manufacturing them shall be subject to imprisonment from 1 year to 3 years and judicial monetary fines from 100 days to 500 days.

            (2) Those who modify the guns covered by this Law in an effort to turn them into guns subject to license as covered by the Law no: 6136 shall be punished according to the conditions set forth in the first paragraph of Article 12 of the Law no: 6136.

            Carrying, possessing or sales without permission

            ARTICLE 6 - (1) Those in violation of prohibitions listed in Article 4 of this Law shall be subject to judicial monetary fine of 500 YTL. Moreover, it shall be decided that the ownership of the gun is transferred to the public.

            (2) Local administrative chief is authorized to decide on giving judicial monetary fine and transfer of the ownership of the gun to the public according to the conditions of this Law.

Regulation

            ARTICLE 7- (1) Procedures and principles regarding the features, production, import, export, and sales of, obtaining, possessing and carrying firearms with percussion or gas cartridges covered by this Law, as well as permissions, registration and approval procedures in respect to such guns are specified by the regulation to be jointly issued by the Ministry of Internal Affairs and Ministry of Industry and Trade, taking also the opinion of the Ministry to which Undersecretariat of Foreign Trade is attached. 

            Declaration and permission

PROVISIONAL ARTICLE 1- (1) Those possessing guns covered by this Law shall not be subject to any penalties, in case they make declaration at the civilian authority within 1 year.

 (2) Those who manufacture such guns by the date this Law enters into effect are obliged to get necessary permissions according to procedures and principles specified by this Law. Those who manufacture guns or shotguns in accordance with the conditions set forth by this Law, getting permission from related authorities, are not obliged to get extra permission to produces guns covered by this Law until the date this Law enters into effect, provided that they inform such related authorities of the amounts of any types or models of blank firings guns they produce.

(3) Those who import and/or export guns covered by this Law are obliged to inform related authorities, within 6 months, of amounts of guns imported and/or exported until the date this Law enters into effect.

            (4) Criminal action shall be taken, according to Articles 5 and 6 of this Law, against those who do not make such declarations and/or get necessary permissions within specified periods.

Effectiveness

ARTICLE 9- (1) This Law shall take effect on the date of its promulgation.

Execution

ARTICLE 10- (1) Conditions of this Law shall be executed by the Board of Ministers.

SIGNATURES: