The Concept and Purpose of Civilian Weapons
A civilian weapon is a weapon allowed in civilian circulation which a natural person uses for the purposes of self-defence, hunting, sport, collecting or exhibiting, in a theatrical performance, a film showing, a television broadcast or a historical reconstruction, for giving a signal or producing a sound (acoustic) effect, and also for scientific and research fishing. This definition matters because it is precisely the purpose that draws the line between lawful and unlawful use: using the same weapon for another purpose or in another manner may be treated as a violation.
The law also determines the types of civilian weapons with precision: defence weapons, sporting weapons, hunting weapons, a fish-stunning electroshock device, collection weapons, signal weapons, sound (acoustic) weapons, and flint, matchlock and cap percussion firearms. The status of each type, and the requirements attached to it, differ, so before a purchase it is important to know exactly which category the specific item falls under.
Defence and Sporting Weapons
The law recognises as defence weapons, within civilian circulation, short firearms — except sporting short firearms — as well as gas weapons, gas aerosol devices and electroshock devices. Defensive use of such weapons is allowed only in the manner established by law and within the bounds of necessary repulsion of an attack.
Sporting weapons cover sporting firearms — both short and long varieties — sporting cold weapons, and sporting pneumatic weapons, which in turn divide into short and long types. Sporting weapons are intended for sporting purposes, and the regime of their storage and carrying is determined by the type of the respective permit.
Hunting and Collection Weapons
The hunting weapon category is broken down in the greatest detail. The law understands as hunting weapons the following types allowed in civilian circulation:
- hunting smoothbore firearms — a gun;
- hunting rifled firearms — a carbine or a rifle;
- hunting combined firearms — a rifled and smoothbore gun;
- hunting cold weapons;
- hunting cold-shooting weapons;
- hunting pneumatic weapons.
Collection weapons are treated by the law as a separate institution: the rules for recognising a weapon as a collection weapon, and for its acquisition, storage and exhibiting, are determined by a joint order of the Minister of Internal Affairs and the Minister of Culture of Georgia. This means that a collector's duties and possibilities are detailed in a separate normative act, and verification should be made against precisely that order. The fish-stunning electroshock device, signal weapons, sound (acoustic) weapons, and flint, matchlock and cap percussion firearms are subject to their own rules.
Permitted Cases of the Use of Weapons
A civilian weapon may be used only for the purposes established by law: for self-defence, hunting, sport, collecting and exhibiting; in a theatrical performance, a film showing and a television broadcast; in a historical reconstruction; for giving a signal; for producing a sound (acoustic) effect; and for scientific and research fishing. In addition, the use of a weapon is allowed for the protection of one's own or another person's life, health or property within the bounds of necessary repulsion of an attack, or in a state of extreme necessity. The rules and conditions for the use of service-status and military-combat weapons are determined separately by Georgian legislation.
In every case of the use of a weapon, measures must be taken to ensure the safety of persons nearby and to provide medical assistance to an injured person. In a case provided for by legislation, the use of a weapon must be reported to the relevant bodies of the Prosecutor's Office and the Ministry of Internal Affairs. A separate requirement concerns pneumatic weapons: a legal entity or individual entrepreneur organising shooting from a pneumatic weapon of any form must hold a permit to open a shooting range, a shooting gallery or a shooting and hunting stand — except for attractions organised in places of public gathering.
The Rights and Duties of the Owner
The owner of a weapon has the right, in the manner established by legislation, to possess and dispose of the weapon and the ammunition and to use them — subject to the restrictions on carrying weapons. In the event of requisition or surrender of the weapon, the owner is entitled to receive compensation. Furthermore, the owner may acquire, without a separate permit of an authorised person, ammunition intended for firing from a firearm or gas weapon registered in their own name, and also cartridges intended for a signal weapon. Hunting entities, in addition to these rights, may transfer their registered hunting firearms and signal weapons into temporary use to natural persons, while the holders of shooting ranges, galleries, federations or sporting organisations may transfer weapons they own to shooters for the purpose of firing; the procedure and conditions of transfer are approved by an order of the Minister of Internal Affairs.
The owner's duties are extensive: the owner must register the weapon in their ownership and also a weapon received by inheritance — save for cases provided for by legislation; observe the rules of circulation of weapons; ensure the protection of the weapon and ammunition; admit a police officer or another authorised person into the storage places and present the relevant documentation to them; immediately notify the bodies of internal affairs of the loss of the weapon or ammunition; carry out the re-registration of the weapon within 10 working days from the emergence of a ground defined by legislation; and observe the requirements of storage, use, transport and shipment. In addition, where the Service Agency exercises its right of technical inspection, the owner must present the defence or sporting short firearm; the acquisition, carrying, import, export, transport and shipment of sound (acoustic) weapons, gas aerosol devices and electroshock devices may be carried out only on the basis of the written consent of the territorial body; and at a police officer's request the owner must present the civilian firearm or signal weapon for inspection.
The User and the Temporary User
A user of a weapon has the right, in the manner established by legislation, to store and carry the weapon. The user is obliged to use the weapon only for its designated purpose and in the established manner, to observe the rules of circulation, to ensure the protection of the weapon and ammunition, to notify the relevant territorial body of the Ministry of Internal Affairs in the event of the loss of the weapon, and, at a police officer's request, to present the civilian firearm or signal weapon for inspection.
The status of a temporary user of a weapon is narrower: such a person may, in the established manner, carry the weapon while moving on the territory of an enclosed or semi-enclosed shooting range, a shooting gallery, a shooting and hunting stand, a hunting farm, a federation or a sporting organisation, or fire from that weapon in compliance with the respective regulatory norms. At the same time, the temporary user is obliged to use the weapon only on the said territory, in the established manner and for the designated purpose, to observe the rules of circulation and to ensure the protection of the weapon and ammunition. The rights of a temporary user are thus defined in relation to a specific territory and purpose.