Search Conference On Juridical And Social Aspects Of Blank Firing Guns Final Declaration

WE DECLARE FINAL DECLARATION of the Search Conference on

Juridical and Social Aspects of Blank Firing Guns

A Search Conference on Juridical and Social Aspects of Blank Firing Guns was held for the purpose of evaluating juridical and social aspects of blank firing guns in our country, taking every aspect of the subject into account; determining clauses that must be included in the law by reviewing existing legal regulation; and finding out how the wrong perception adopted by the community on blank firing guns can be changed and roles that the media and other social actors could undertake in respect to this subject. We present the final declaration of the search meeting to your attention, which we held at Dedeman Hotel, Istanbul on Saturday January 12, 2008

UMUT FOUNDATION

FINAL DECLARATION

OF THE SEARCH CONFERENCE ON JURIDICAL AND SOCIAL ASPECTS OF BLANK FIRING GUNS

January 12, 2008

A blank firing gun is a real gun. Legal regulations on blank firing guns should be definitely made.

We have to leave using a language that legalizes use of blank firing guns even when we say we are against guns for blank firing guns and general armament. An individual disarmament terminology can be formed for journalists.

Advertisements incite wrong perception of the community on blank firing guns. The fact that blank firing guns are weapons must take part in legislations in order to prevent buying and selling blank firing guns by means of advertisements.

All children, young people and parents, the whole society in short, must be informed in detail of the damages that blank firing and other guns will give. In order to make parents careful and sensitive in this subject, importance must be placed in their education in various ways (TV programs, for instance).

The fact that those who cannot express themselves try to express themselves through outrageous actions in which they use firearms, blank firing guns or other means of violence indicates that there is a kind of lack of social non-communication. Even that there is an institute related to this subject is an indication of existence of an insistence for providing such mental transformation. Here, the thing that is important is steady insistence. The thing that is said in such insistence is very important. Defining, giving place to successful stories in the media more frequently, stressing out the dangers of blank firing guns in campaigns which we can describe as word-action combination are all important in this mental transformation. Moreover, it is necessary to communicate, show efforts to speak and use slogans and words that would transform this language.

It is suggested that contradictions between court practices are removed in order to remove differences in Supreme Courts practices and that also necessary legal regulations are made so that the term gun stated in Article 6/1 (f) of the Turkish Penal Code, which gives the definition of blank firing guns, can be interpreted as to include blank firing guns as well.

Law and Security group adopted the following Resolutions for Change in Articles of the Draft Bill, discussing the Draft Bill on Firearms with Percussion and Gas Cartridges and articles therein.

RESOLUTIONS FOR CHANGES IN ARTICLES OF THE DRAFT BILL ON FIREARMS WITH PERCUSSION AND GAS CARTRIDGES

I- ARTICLE 2 OF THE DRAFT BILL, TITLED PRODUCTION, IMPORT AND EXPORT

Production, import and export:

ARTICLE 2- (1) Production of guns covered by this Law is subject to the consent of the Ministry of Industry and Trade.

(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 and they should bear a sign that would make it possible to distinguish them from guns which are subject to the Law no: 6136. Such obligations are sought in import as well.

(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 sought.

The article has been issued as above.

RESOLUTION FOR CHANGE IN ARTICLE 2

It is suggested that Article 2 of the Draft Bill is amended as follows by adding the word easily into the text of Paragraph 2 of Article 2 of the Draft Bill, just before the expression distinguish them from guns which are subject to the Law no: 6136:

Production, import and export:

ARTICLE 2- (1) Production of guns covered by this Law is subject to the consent of the Ministry of Industry and Trade.

(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 and they should bear a sign that would make it possible to easily distinguish them from guns which are subject to the Law no: 6136. Such obligations are sought in import as well.

II- ARTICLE 3 OF THE DRAFT BILL, TITLED CARRYING, SELLING AND TRANSPORTATION

Carrying, Selling and Transportation

ARTICLE 3 - (1) Concerning guns covered by this Law,

a) Carrying them,

b) Selling them to those found guilty of crimes committed with firearms or because of crimes which are covered by the Law no: 6136, those who have been sentenced to prison for at least 1 year for intentionally committed crimes, or those under the age of 18,

c) Selling those guns that are manufactured in violation of principles and methods set forth in the regulation is forbidden.

(2) Sale of these guns shall be accomplished in places licensed for selling projectiles, hunting ammunition or shotguns. Dealers selling these guns, those who transfer such dealerships to and from third people, and those who buy and sell these guns are obliged to make declaration in local civilian authority within 1 month with their criminal record which they will get from Public Prosecution Offices.

(3) Guns in question may be transported in boxes without cartridges 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.

The article has been issued as above.

RESOLUTION FOR CHANGE IN ARTICLE 3

It is suggested that the last sentence of subparagraph (b) of Paragraph 1 of Article 3 of Draft Bill is amended as , those who are not understood to be healthy on the report of their psychiatric examination, or those under the age of 18.

It is suggested that Article 3 of the Draft Bill is amended as follows, by adding the line Any type of campaigns and advertisements which encourage, promote or incite purchase and use of such guns is forbidden to Paragraph 2 of Article 3 of the Draft Bill as the last sentence.

Carrying, Selling and Transportation

ARTICLE 3 - (1) Concerning guns covered by this Law,

a) Carrying them,

c) Selling those guns that are manufactured in violation of principles and methods set forth in the regulation is forbidden.

III- ARTICLE 4 OF THE DRAFT BILL, TITLED PENAL CLAUSES

Penal Clauses

ARTICLE 4- (1) Those who produce guns covered by this Law without permission and/or those who manufacture them in a way that they can later be turned into type of guns that are subject to the conditions set forth in the Law no: 6136 shall be subject to imprisonment from 1 year to 3 years and judicial monetary fines from 100 days to 500 days.

(2) Those in violation of prohibitions listed in Article 3 of this Law shall be subject to judicial monetary fine of 500 YTL. Moreover, it shall be decided that ownership of such guns is transferred to the public.

(3) Those who manufacture such guns covered by this Law in violation of procedures and methods set forth in the regulation shall be subject TO judicial monetary fine of 5,000 20,000 YTL. If the action is repeated, the judicial monetary fine shall be doubled.

(4) 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.

The article has been issued as above.

RESOLUTION FOR CHANGE IN ARTICLE 3

It is suggested that Article 4 of the Draft Bill is amended as follows, by adding the expression or sell to the Paragraph 1 of Article 4 of the Draft Bill, just after the word produce.

Penal Clauses

ARTICLE 4- (1) Those who produce or sell guns covered by this Law without permission and/or those who manufacture them in a way that they can later be turned into type of guns that are subject to the conditions set forth in the Law no: 6136 shall be subject to imprisonment from 1 year to 3 years and judicial monetary fines from 100 days to 500 days.

(4) 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.