Psychiatric contraindications for obtaining weapons. Contraindications for possession of weapons

From January 1, 2017, the Order of the Ministry of Health comes into force Russian Federation dated June 30, 2016 No. 441n "On the procedure for conducting medical examination for the presence medical contraindications to the possession of weapons and chemical-toxicological studies of the presence in the human body of narcotic drugs, psychotropic substances and their metabolites" (hereinafter referred to as the Order).

Federal Law No. 150-FZ of December 13, 1996 “On Weapons” regulates legal relations arising from the circulation of civil, service, and military hand-held small arms and cold steel on the territory of the Russian Federation, is aimed at protecting the life and health of citizens, property, and ensuring public safety , nature conservation and natural resources, ensuring the development of sports related to the use of sports weapons, strengthening international cooperation in the fight against crime and illegal distribution of weapons.

A medical examination is carried out in order to establish for a citizen of the Russian Federation who intends to own a weapon the presence (absence) of diseases included in the List of diseases in the presence of which possession of a weapon is contraindicated, approved by Decree of the Government of the Russian Federation of February 19, 2015 N 143.

Thus, the Order updated the procedure for conducting a medical examination for the presence of medical contraindications to the possession of weapons.

The mechanism for examining a person for the right to own weapons is described in detail. As a result, the number of medical research has increased.

When passing a medical examination, a chemical-toxicological study will become mandatory for the presence in the body of narcotic drugs, psychotropic substances and their metabolites - opiates, cocaine, barbiturates and other prohibited substances. The research will be conducted in narcological dispensaries and other state and municipal institutions.

The requirements for medical organizations that conduct medical examinations and examinations of specialists have also changed. Now such an inspection must be carried out in a state or municipal medical organization place of residence or stay.

Once again, the Russian government has clarified the list of diseases in which it is impossible to own civilian weapons. There are two groups of diseases in which the possession of weapons is strictly prohibited: any mental disorders and diseases of the eye and adnexa. As for the ophthalmologist's patients, everything is simple: we are talking about people who see practically nothing - who have a loss of vision by 70 percent, lenses and glasses do not help.

In order to prevent violation of the requirements of the Federal Law of December 13, 1996 No. 150-FZ “On Weapons”, the district prosecutor’s office explains that from January 1, 2017, the order of the Ministry of Health of Russia of June 30, 2016 N 441n “On the procedure for conducting a medical examination for the presence of medical contraindications to possession of weapons and chemical and toxicological studies of the presence in the human body of narcotic drugs, psychotropic substances and their metabolites ”, which determined that a medical examination for the presence of medical contraindications to possession of weapons is carried out in order to establish the presence (absence) of a citizen of the Russian Federation who intends to own a weapon ) diseases included in the List of diseases in the presence of which possession of weapons is contraindicated, approved by Decree of the Government of the Russian Federation of February 19, 2015 No. 143.

A chemical-toxicological study is carried out in order to detect and subsequently identify narcotic drugs, psychotropic substances and their metabolites in samples of biological objects (urine). Medical examination is carried out in medical and other organizations engaged in medical activities, regardless of their organizational and legal form, licensed to carry out medical activities, providing for the performance of works (services) for "medical examination for medical contraindications to possession of weapons", "ophthalmology" .

An examination by a psychiatrist and a psychiatrist-narcologist is carried out in a medical organization of the state or municipal health care system at the place of residence (stay) of a citizen of the Russian Federation undergoing a medical examination, having a license to carry out medical activities, providing for the performance of relevant works (services).

The order also provides for: the procedure for conducting a medical examination and chemical-toxicological examination; stages of conducting a chemical-toxicological study; duties of the medical registrar of the medical organization conducting the examination; the timing of the research; terms of storage of biological objects (urine) in the chemical-toxicological laboratory; the validity period of the medical certificate on the absence of medical contraindications to the possession of weapons (1 year from the date of its issue).

The annex to the Order contains forms of a medical report on the absence of medical contraindications to the possession of weapons; log of registration of issued medical reports on the absence of medical contraindications to possession of weapons; medical conclusion on the absence of narcotic drugs, psychotropic substances and their metabolites in the human body.

At the same time, when carrying weapons, citizens are required to have documents proving their identity (passport or service ID, hunting ticket, etc.), as well as a license or permit issued by the internal affairs authorities to store and carry their weapons. The absence of these documents when carrying a weapon constitutes an administrative offense under Part 4 of Article 20.8 of the Code of Administrative Offenses of the Russian Federation.

The storage of weapons and cartridges for them must be carried out using technical security equipment (metal cabinets, burglar alarms, etc.). For violation of these rules, as well as for the storage of cartridges in excess of the permitted volume, administrative liability is provided for under part 4 of Article 20.8 of the Code of Administrative Offenses of the Russian Federation in the form of an administrative fine in the amount of 500 to 2000 rubles.

The weapon is subject to registration with the internal affairs body at the place of residence within two weeks from the date of its acquisition. A month before the expiration of the license or permit, the weapons are re-registered. The owner of a registered weapon, when changing his place of residence, is obliged to apply to the internal affairs body with a request to deregister the weapon, indicating the address of the new place of residence.

In addition, for violating the deadlines for registration (re-registration) of weapons acquired under licenses from the internal affairs bodies, including the deadlines for registering them with the internal affairs bodies when a citizen changes his place of residence, the guilty person is subject to administrative liability under Article 20.11 of the Code of Administrative Offenses of the Russian Federation. Punishment for citizens under Part 1 of Article 20.11 of the Code of Administrative Offenses of the Russian Federation is provided in the form of a warning or the imposition of an administrative fine in the amount of 1,000 to 3,000 rubles.

It also provides for administrative liability for firing weapons in places not designated for this (both in populated areas and outside populated areas) under Article 20.13 of the Code of Administrative Offenses of the Russian Federation. An offense is punishable by an administrative fine in the amount of 40,000 to 50,000 rubles with confiscation of weapons and cartridges for them.

In addition, for negligent storage of firearms, which created conditions for its use by another person, if this caused the death of a person or other grave consequences, the guilty person is subject to criminal liability under Article 224 of the Criminal Code of the Russian Federation. This crime is punishable by a fine of up to 100,000 rubles, or compulsory labor for up to 360 hours, or correctional labor for up to one year, or restraint of liberty for up to one year, or arrest for up to six months.


Starting from the new year, the number of examinations during a medical examination for the presence of medical contraindications to the possession of weapons will be increased by one more. The corresponding order of the Ministry of Health of Russia was registered on November 25 (Order of the Ministry of Health of Russia dated June 30, 2016 No. 441n "On the procedure for conducting a medical examination for the presence of medical contraindications to the possession of weapons and chemical and toxicological studies of the presence of narcotic drugs, psychotropic substances and their metabolites in the human body", further - Order of the Ministry of Health of Russia dated June 30, 2016 No. 441n).

So, when passing a medical examination, a chemical-toxicological examination for the presence in the body of narcotic drugs, psychotropic substances and their metabolites (opiates, cocaine barbiturates, etc.) will become mandatory. Such studies will be carried out in narcological dispensaries and other state and municipal institutions (clause 3 of the Procedure for conducting a medical examination for the presence of medical contraindications to the possession of weapons and chemical and toxicological studies of the presence of narcotic drugs, psychotropic substances and their metabolites in the human body, approved by order of the Ministry of Health of Russia dated June 30, 2016 No. 441n, hereinafter referred to as the new Order).

The changes will also affect both the requirements for medical organizations conducting medical examinations and examinations of specialists, and the procedure for conducting the examinations themselves. Thus, an examination by a psychiatrist will have to be carried out in a state or municipal medical organization at the place of residence (stay). For such a medical organization it is necessary:

Availability of a license to carry out medical activities, providing for the performance of works (services) on "psychiatry" and "psychiatric examination";

The presence of a medical and psychiatric commission approved by order of the Ministry of Health of Russia or the regional department of health (clause 5 of the new Procedure).

If the psychiatrist during the examination reveals symptoms or syndromes of the disease, in the presence of which possession of a weapon is contraindicated, he will send the person being examined for a psychiatric examination by a medical commission (paragraph 23 of the new Procedure).

An examination by a psychiatrist-narcologist must also be carried out in a state or municipal organization at the place of residence (stay) of the person being examined. As in the first case, if during the examination the psychiatrist-narcologist reveals symptoms or syndromes of the disease, in the presence of which possession of a weapon is contraindicated, he will refer the citizen for additional research (qualitative and quantitative determination of carbohydrate-deficient transferrin (CDT) in blood serum) (clause 6 of the new Order).

In addition to these changes, the validity period of the conclusion based on the results of a medical examination will increase - if earlier it was six months (paragraph 3 of the letter of the Ministry of Health and Social Development dated March 13, 2009 No. 14-6 / 307080 / L), now it will be one year from the date of its issuance (paragraph 2, clause 26 of the new Order).

And, finally, there will be new forms of medical reports on the absence of medical contraindications to the possession of weapons (appendices No. 2; 4 to the Order of the Ministry of Health of Russia dated June 30, 2016 No. 441n).

Note that at present, in order to obtain a certificate of the absence of medical contraindications to possession of weapons, it is enough to go through the organization of any form of activity of the following specialists:

Therapist;
- psychiatrist;
- narcologist;
- an ophthalmologist (paragraph 2, clause 2 of the Order of the Ministry of Health of the Russian Federation dated September 11, 2000 No. 344 "On medical examination of citizens for issuing a license for the right to purchase weapons").

The Russian government has expanded the list of diseases that prevent the possession of civilian and service weapons. Decree of the Government of the Russian Federation of February 19, 2015 N 143 Moscow On the approval of the list of diseases in the presence of which possession of weapons is contraindicated, and on amendments to the Rules for the circulation of civilian and service weapons and cartridges for them on the territory of the Russian Federation enters into force from March 4, 2015

The previous version of the rules for the circulation of weapons indicated that licenses for them were not issued, in particular, in the presence of chronic and protracted mental disorders with severe persistent or often aggravated painful manifestations, as well as patients with alcoholism, drug addiction or substance abuse.

The new approved by the Cabinet specifies a specific list of such deviations: in particular, schizophrenia, schizotypal and delusional disorders, mood disorders (affective disorders), neurotic, stress-related and somatoform disorders, personality and behavioral disorders in adulthood, mental retardation.

  • schizophrenia, mental retardation, split personality are easily diagnosed. But neurotic, stress-related, and somatoform disorders, and personality and behavioral disorders in adulthood - these diseases are not always obvious, they can be acquired by a person due to some life circumstances and do not appear immediately.

Also on the list are substance use disorders. However, they are not a medical contraindication in the presence of a stable remission for at least three years, the note to the relevant paragraph says.

  • that is, weapons will not be given to people suffering from mental and behavioral disorders associated with the use of psychoactive substances - drug addicts and alcoholics. But there is a caveat here: if they don’t drink or inject for three years, they can be given a weapon permit. In general, at the discretion of the doctor and the policeman.

Besides, the restriction for obtaining weapons, as before, will be eye diseases reducing visual acuity below a certain limit. So, citizens will not be able to become owners of weapons in the presence of diseases of the eye and its adnexa, accompanied by a decrease in visual acuity below 0.5 in the best eye and below 0.2 in the worst eye, or below 0.7 in one eye in the absence of vision in the other , or with intolerance to correction (spectacle, contact) with two open eyes, as well as accompanied by a concentric narrowing of the field of view of each eye to 20 degrees or less.

  • As for the patients of an ophthalmologist, everything is simple: we are talking about people who see practically nothing - who have a loss of vision by 70 percent, lenses and glasses do not help.

Interior Ministry analysts believe that the government decree is primarily aimed at tightening medical control over gun owners.


Reference:

In the hands of 5 million people in legal use are more than 6.2 million of various trunks. The population also has a lot of injuries - 1,360,000 pistols. A sociological study showed that 56 respondents would like to purchase more than 2 units of traumatic guns, and 80 percent of owners of 2 pistols are ready to buy a few more barrels - for collection, sports shooting. A third of all civilian weapons are registered in Moscow. 515,827 owners of civilian weapons are registered in the capital. There are 627,920 barrels on hand. Every year, Muscovites purchase about 40,000 barrels. In total, 683,000 firing units are legally in the hands of the inhabitants of the capital - not every European army can boast of such a small arsenal.

On approval of the list of diseases in the presence of which possession of weapons is contraindicated, and on amendments to the Rules for the circulation of civilian and service weapons and cartridges for them on the territory of the Russian Federation

The Government of the Russian Federation decides:

1. Approve the attached list of diseases, in the presence of which possession of weapons is contraindicated.


2. Clause 24 of the Rules for the circulation of civilian and service weapons and cartridges for them on the territory of the Russian Federation, approved by Decree of the Government of the Russian Federation of July 21, 1998 N 814 "On measures to regulate the circulation of civilian and service weapons and cartridges for them on the territory of the Russian Federation "(Sobraniye zakonodatelstva Rossiyskoy Federatsii, 1998, N 32, Art. 3878; 2012, N 37, Art. 5002), shall be stated as follows:

24. Licenses for the purchase of weapons are not issued to citizens of the Russian Federation if there are grounds provided for by the Federal Law "On Weapons".

Chairman of the Government of the Russian Federation

D. Medvedev

Previously on the subject of Weapons:

Since the beginning of 2017, new forms of medical certificates for weapons have been introduced in Russia - 002-O / y and 003-O / y. Nevertheless, the old certificate number 046-1 is still valid. I will describe how to obtain each of them below.

We are all different, everyone has their own opinion. Someone thinks that it is better to feed in the early morning, and someone - always in the evening. Someone always hits on takeoff, and someone - only when the flight is already settled, it goes smooth and you can more accurately take the lead.

Sometimes running after these certificates-documents, including medical ones, is very annoying, and most importantly, you don’t understand at all why it is needed.

But what everyone everywhere agrees on is that obtaining a medical certificate, as the first step towards acquiring a weapon, no matter what, hunting, traumatic (with a muzzle power of more than 7.5 J, I emphasize), is required.

The consequences of the use of weapons by mentally unbalanced people who have diseases that do not allow the sick person to accurately control the situation around are too severe.

What the law says

It is in view of the seriousness of the situation to medicine and the process of obtaining a certificate in the Law "On Weapons" No. 150-FZ of December 13, 1996, an entire article, the 13th, is allotted. And, precisely in view of the seriousness of the issue, I will quote one to one excerpts from this article regarding the topic of medical certificates (edition dated July 6, 2016). I draw your attention - excerpts from the law are taken in italics and in a different font. First, it immediately says that “the right to acquire civilian firearms of limited destruction have

  • citizens of the Russian Federation who have reached the age of 21,
  • citizens of the Russian Federation who have not reached the age of 21, who have completed or are undergoing military service,
  • as well as citizens serving in state paramilitary organizations and having military ranks or special ranks or class ranks of justice ".

On the other hand,

"the right to purchase gas weapons, smooth-bore long-barreled firearms for self-defense, sporting weapons, hunting weapons, signal weapons, cold bladed weapons designed to be worn with the national costumes of the peoples of the Russian Federation or the Cossack uniform, have citizens of the Russian Federation who have reached the age of 18 years".

I draw your attention to the fact that some regions of Russia have made their own changes and additions to this law, which more fully reflect the cultural traditions of the peoples living in the region. So, in some regions it is allowed to reduce the minimum age for obtaining weapons, but this should be done with special permission and only for smooth-bore hunting weapons. The period of reduction cannot be more than 2 years.

In addition to all other documents required when applying for a weapons license, it is also necessary to provide

“a medical opinion on the absence of medical contraindications to the possession of weapons, as well as a medical opinion on the absence of narcotic drugs, psychotropic substances and their metabolites in the human body, obtained after passing chemical and toxicological studies of the presence in the human body of narcotic drugs, psychotropic substances and their metabolites, and other documents provided for by this Federal Law.

A medical report on the absence of medical contraindications to possession of weapons and a medical report on the absence of narcotic drugs, psychotropic substances and their metabolites in the human body, obtained after passing chemical and toxicological studies of the presence of narcotic drugs, psychotropic substances and their metabolites in the human body, are submitted by citizens of the Russian Federation acquiring civilian firearms, civilian firearms of limited destruction, gas pistols, revolvers, sport airguns or hunting airguns for the first time.

“The list of diseases in the presence of which possession of weapons is contraindicated is determined by the Government of the Russian Federation. The procedure for conducting a medical examination, the form of a medical report on the absence of medical contraindications to the possession of weapons and the form of a medical report on the absence of narcotic drugs, psychotropic substances and their metabolites in the human body are established by the federal executive body responsible for developing state policy and legal regulation in healthcare sector".

“The validity period of a medical opinion on the absence of medical contraindications to the possession of weapons for obtaining a license to purchase weapons is one year from the date of its issuance. Examination by a psychiatrist, a psychiatrist-narcologist during a medical examination for medical contraindications to possession of weapons and chemical and toxicological studies of the presence of narcotic drugs, psychotropic substances and their metabolites in the human body are carried out in medical organizations of the state or municipal health care system at the place of residence (stay) of a citizen of the Russian Federation”.

"Medical examination for the presence of medical contraindications to the possession of weapons and chemical-toxicological studies of the presence of narcotic drugs, psychotropic substances and their metabolites in the human body are carried out at the expense of citizens."

I advise you to pay special attention to the latter.

From the words of lawyers to medical cases

In other words, there is nothing to apply for a gun license if you do not have a certificate signed:

  1. Therapist.
  2. Psychiatrist.
  3. narcologist, and
  4. Ophthalmologist.

In addition to obvious health deviations, such as epilepsy and drug addiction, a certificate is not issued:

  • If the patient is susceptible to diseases of the nervous system;
  • If one eye does not see completely;
  • If visual acuity in one eye is not more than 0.5, and in the other is not more than 0.2;
  • If there are no three fingers on the hands;
  • If there is no index finger and thumb on the hand.

All medical specialists must accurately understand for what purposes a certificate is issued and where it will be presented. Moreover, I note that in the chain of passage of doctors, the therapist is in last place, it is he who issues the final permission.

For quite a long time, the standard form of the medical "weapon" certificate No. 046-1 was in use. Since January 1, 2017, it has been canceled, and two other 002 and 003 have been introduced. But no matter what form the certificate is, it is some kind of guarantee that obviously sick or frivolous people will not be allowed to own weapons. I draw your attention to the fact that the described medical certificate is issued for a fee, so you first need to make sure that the institution where you applied, and this can be both public and private clinics, has the right to issue such documents.

The validity of the medical certificate is 6 months, this is a well-known fact. Therefore, the period of 1 year specified in the Law is cause for concern. I strongly recommend that all these nuances be additionally discussed in your region when it comes to “therapist”.

New references

So, from January 1, 2017, new forms of medical certificates were introduced. At the same time, the old certificates 046-1 continue to be valid (let's not forget about the total expiration date of six months, in other words, these certificates were issued after July 1, 2016, and they “live” until a maximum of June 30, 2017).

Form of the old medical certificate for weapons No. 046-1.

Two new certificates are already called more solidly - conclusions, and have numbers - 002-O / y and 003-O / y.

Form of a new medical certificate for weapons No. 002-O / u.

The procedure and conditions for issuing these certificates are determined by the Order of the Ministry of Health of Russia No. 441n dated June 30, 2016 "On the procedure for conducting a medical examination for the presence of medical contraindications to the possession of weapons and chemical and toxicological studies of the presence in the human body of narcotic drugs, psychotropic substances and their metabolites."

I draw your attention to the fact that the list of doctors remains the same, but in order to obtain a certificate 002-O / y, you must also present a certificate 003-O / y along with the relevant conclusions.

The fact is that 003-O / y is called “Medical report on the absence of narcotic drugs, psychotropic substances and their metabolites in the human body”

and precedes

002-O / y, which has the name - "Medical report on the absence of medical contraindications to the possession of weapons."

I also draw your attention, given how much confusion and misunderstanding in this area, that the same order of June 30, 2016 cancels the Decrees of the Ministry of Health

  • No. 344 of September 11, 2000 - "On the medical examination of citizens for the issuance of a license for the right to purchase weapons" (registered by the Ministry of Justice of the Russian Federation on October 10, 2000, registration No. 2415);
  • No. 512n dated July 12, 2010 “On Amendments to the Order of the Ministry of Health of the Russian Federation dated September 11, 2000 No. 344 “On Medical Examination of Citizens for the Issuance of Licenses for the Right to Acquire Weapons” (registered by the Ministry of Justice of the Russian Federation on August 30, 2010, registration No. 18287).

One hidden but important drawback of all orders

And this is a small, but significant, vital chapter, behind which, nevertheless, many problems are hidden.

The fact is that the Federal Law clearly states that certificates for the right to own weapons are obtained for a fee. But the law does not determine the amount of payment itself, which creates many problems on the ground.

And the situation is such that every region of Russia, whatever it wants, turns over. There is no single rate for the provision of this service across the country.- somewhere it costs 800 rubles, and somewhere under 4 thousand.

Nuances and conclusions, and where without them

And now I will list some of the nuances associated with obtaining the submitted medical certificates. If you listen to these recommendations, life will seem much more interesting to you.

Firstly, a narcologist and a psychologist must be taken only in a medical institution at the place of residence. Secondly, certificate 003-O / y is issued only on the basis of the conclusion of the passed chemical-toxicological study and the preparation of form No. 454 / y-06. In simple terms, you will need to take a urine test to the dispensary. The delivery of this analysis is a necessary procedure for all those applying for a certificate of form No. 003-O / y. Without this test, this certificate is not issued.

Thus, as a conclusion and conclusion, with which medicine sends you to the commission in charge of weapons licenses:

  • medical certificate in the form No. 002-O / y dated June 30, 2016 (for the right to own weapons);
  • medical certificate in the form No. 003-O / y dated June 30, 2016 (on the absence of drugs in the body);
  • results of a chemical-toxicological study according to the form No. 454 / y-06 (drug test results).

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

On approval of the list of diseases in the presence of which possession of weapons is contraindicated, and on amendments to the Rules for the circulation of civilian and service weapons and cartridges for them on the territory of the Russian Federation

Government of the Russian Federation

decides:

1. Approve the attached list of diseases, in the presence of which possession of weapons is contraindicated.

2. Clause 24 of the Rules for the circulation of civilian and service weapons and cartridges for them on the territory of the Russian Federation, approved by Decree of the Government of the Russian Federation of July 21, 1998 N 814 "On measures to regulate the circulation of civilian and service weapons and cartridges for them on the territory of the Russian Federation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 1998, N 32, Art. 3878; 2012, N 37, Art. 5002), state as follows:

"24. Licenses for the purchase of weapons are not issued to citizens of the Russian Federation if there are grounds provided for by the Federal Law "On Weapons." .

Prime Minister
Russian Federation
D. Medvedev

List of diseases in the presence of which possession of weapons is contraindicated

APPROVED
Government Decree
Russian Federation
dated February 19, 2015 N 143

I. Mental and behavioral disorders

1. Chronic and protracted mental disorders with severe persistent or often exacerbated painful manifestations:

1.1. Organic, including symptomatic, mental disorders

1.2. Schizophrenia, schizotypal and delusional disorders

1.3. Mood disorders (affective disorders)

1.4. Stress-related neurotic and somatoform disorders

1.5. Personality and behavioral disorders in adulthood

1.6. Mental retardation

2. Mental and behavioral disorders associated with the use of psychoactive substances**

F10 - F16, F18, F19

________________

** Not a medical contraindication in the presence of a stable remission for at least 3 years.

II. Diseases of the eye and adnexa

3. Diseases of the eye and its adnexa, accompanied by a decrease in visual acuity below 0.5 in the best eye and below 0.2 in the worst eye, or below 0.7 in one eye in the absence of vision in the other, or with intolerance to correction (spectacles, contact) with two eyes open, as well as accompanied by a concentric narrowing of the field of view of each eye to 20 degrees or less

H15-21, H25-27,
H30-35, H40,
H43, H44, H46,
H47, H49-55,
H57, H59

Electronic text of the document
prepared by CJSC "Kodeks" and checked against:
Official Internet portal
legal information
www.pravo.gov.ru, February 27, 2015,
N 0001201502270015

On approval of the list of diseases in the presence of which possession of weapons is contraindicated, and on amendments to the Rules for the circulation of civilian and service weapons and cartridges for them on the territory of the Russian Federation

Document's name: On approval of the list of diseases in the presence of which possession of weapons is contraindicated, and on amendments to the Rules for the circulation of civilian and service weapons and cartridges for them on the territory of the Russian Federation
Document Number: 143
Type of document: Decree of the Government of the Russian Federation
Host body: Government of the Russian Federation
Status: current
Published: Official Internet portal of legal information www.pravo.gov.ru, February 27, 2015, N 0001201502270015

Collection of legislation of the Russian Federation, N 9, 03/02/2015, art. 1328

Russian newspaper, N 43, 03.03.2015

Acceptance date: February 19, 2015
Effective start date: 07 March 2015

I want to buy a hunting rifle. As I was told by familiar hunters, in order to obtain a license to purchase weapons, one must pass a medical commission. What are the medical contraindications that exclude the issuance of a license, and in which institution is the said medical commission held?

V. SKOROBOGATOV, Vladimir


Federal Law No. 150 of December 13, 1996 “On Weapons” and Decree of the Government of the Russian Federation of July 21, 1998 No. 814 “On Measures to Regulate the Circulation of Civilian and Service Weapons and Ammunition for It on the Territory of the Russian Federation” regulate medical contraindications when issuing a license to purchase weapons.

Licenses are not issued to citizens:

1. Suffering from chronic and protracted mental disorders with severe persistent or often exacerbated painful manifestations.

2. Patients with alcoholism, drug addiction or substance abuse.

3. Those with corrected visual acuity below 0.5 in one eye and below 0.2 in the other, or 0.7 in one eye with no vision in the other.

Questions about issuing licenses to citizens of the Russian Federation suffering from epilepsy or severe forms of borderline mental disorders are considered on an individual basis by the Ministry of Health of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation.

A medical examination is carried out in medical institutions that provide medical care to a citizen on an ongoing basis (at the place of residence or work, or under a compulsory medical insurance contract).

The examination is attended by a local general practitioner with the involvement of available medical documentation, as well as specialists: a psychiatrist, narcologist, ophthalmologist. In the absence of specialists in this medical institution, their involvement is carried out on a contractual basis.

The conclusion of specialists is approved by the clinical expert commission medical institution and sealed.


"On the procedure for conducting a medical examination for the presence of medical contraindications to possession of weapons and chemical and toxicological studies of the presence in the human body of narcotic drugs, psychotropic substances and their metabolites"

Edition of 06/30/2016 - Valid from 01/01/2017

MINISTRY OF HEALTH OF THE RUSSIAN FEDERATION

ORDER
dated June 30, 2016 N 441n

ON THE PROCEDURE FOR MEDICAL EXAMINATION FOR THE PRESENCE OF MEDICAL CONTRAINDICATIONS TO WEAPONS AND CHEMICAL-TOXICOLOGICAL STUDIES OF THE PRESENCE IN THE HUMAN BODY OF NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES AND THEIR METABOLITES

the procedure for conducting a medical examination for the presence of medical contraindications to the possession of weapons and chemical and toxicological studies of the presence in the human body of narcotic drugs, psychotropic substances and their metabolites in accordance with Appendix No. 1;

form N 002-O / y "Medical report on the absence of medical contraindications to the possession of weapons" in accordance with Appendix N 2;

form N 002-О/у-10 "Journal of registration of issued medical reports on the absence of medical contraindications to the possession of weapons" in accordance with Appendix N 3;

form N 003-O / y "Medical report on the absence of narcotic drugs, psychotropic substances and their metabolites in the human body" in accordance with Appendix N 4.

2. Establish that a medical report on the absence of medical contraindications to the possession of weapons is a protected printing product of level "B".

3. Recognize as invalid:

order of the Ministry of Health of the Russian Federation of September 11, 2000 N 344 "On the medical examination of citizens for the issuance of a license for the right to purchase weapons" (registered by the Ministry of Justice of the Russian Federation on October 10, 2000, registration N 2415);

order of the Ministry of Health and Social Development of the Russian Federation of July 12, 2010 N 512n "On Amendments to the Order of the Ministry of Health of the Russian Federation of September 11, 2000 N 344 "On Medical Examination of Citizens for the Issuance of Licenses for the Right to Acquire Weapons" (registered by the Ministry of Justice of the Russian Federation on August 30, 2010, registration N 18287).

Minister
IN AND. SKVORTSOVA

PROCEDURE FOR MEDICAL EXAMINATION FOR THE PRESENCE OF MEDICAL CONTRAINDICATIONS TO WEAPONS POSSIBILITY AND CHEMICAL AND TOXICOLOGICAL STUDIES FOR THE PRESENCE OF NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES AND THEIR METABOLITES IN THE HUMAN BODY

1. This procedure regulates the issues of conducting a medical examination for the presence of medical contraindications to the possession of weapons (hereinafter referred to as medical examination) and chemical and toxicological studies of the presence of narcotic drugs, psychotropic substances and their metabolites in the human body (hereinafter referred to as chemical and toxicological studies).

2. A medical examination is carried out in order to establish for a citizen of the Russian Federation who intends to own a weapon the presence (absence) of diseases included in the List of diseases in the presence of which possession of a weapon is contraindicated, approved by Decree of the Government of the Russian Federation of February 19, 2015 N 143<1>.

<1>Collection of Legislation of the Russian Federation, 2015, N 9, art. 1328.

3. Chemical-toxicological studies are carried out in order to detect and subsequently identify narcotic drugs, psychotropic substances and their metabolites in samples of biological objects (urine).

4. Medical examination is carried out in medical and other organizations engaged in medical activities (hereinafter referred to as medical organizations), regardless of their organizational and legal form, licensed to carry out medical activities, providing for the performance of works (services) for "medical examination for medical contraindications to gun control", "ophthalmology".

5. An examination by a psychiatrist during a medical examination is carried out in a medical organization of the state or municipal health care system at the place of residence (stay) of a citizen of the Russian Federation undergoing a medical examination (hereinafter referred to as the examined), who has a license to carry out medical activities involving the performance of works (services ) on "psychiatry" and "psychiatric examination".

6. Examination by a psychiatrist-narcologist during a medical examination, as well as qualitative and quantitative determination of carbohydrate-deficient transferrin (CDT) in the blood serum of the examinee, are carried out in medical organizations of the state or municipal health care system at the place of residence (stay) of the examinee that have a license for the implementation of medical activities that provide for the performance of works (services) in "psychiatry-narcology" and "laboratory diagnostics" or "clinical laboratory diagnostics".

7. Medical examination includes medical examinations by specialist doctors and laboratory research in the following scope:

medical examination by an ophthalmologist;

medical examination by a psychiatrist;

medical examination by a psychiatrist-narcologist;

qualitative and quantitative determination of carbohydrate-deficient transferrin (CDT) in the blood serum of the examinee (if a psychiatrist-narcologist reveals symptoms and syndromes of the disease, in the presence of which possession of a weapon is contraindicated).

8. Chemical-toxicological studies are carried out in narcological dispensaries (narcological hospitals) or other medical organizations of the state or municipal health care system at the place of residence (stay) of the person being examined, having a license to carry out medical activities that provide for the performance of works (services) in "clinical laboratory diagnostics" or "forensic medical examination of physical evidence and the study of biological objects (biochemical, genetic, forensic, spectrographic, forensic biological, forensic histological, forensic chemical, forensic cytological, chemical toxicological)".

9. Medical examination and chemical-toxicological studies are carried out at the expense of citizens<1>.

10. Chemical-toxicological studies are carried out in two stages:

preliminary chemical-toxicological studies by immunochemical methods using analyzers that provide registration and quantitative assessment of the results of the study by comparing the result with the calibration curve;

confirming chemical-toxicological studies by gas and (or) liquid chromatography with mass spectrometric detection using technical means that ensure the registration and processing of the study results by comparing the result with the data of electronic libraries of mass spectra.

11. Preliminary chemical-toxicological studies are carried out no later than 24 hours from the moment of sampling of a biological object (urine) in a clinical diagnostic laboratory or a chemical-toxicological laboratory of medical organizations specified in paragraph 8 of this Procedure.

12. Confirmatory chemical-toxicological studies are carried out in chemical-toxicological laboratories of medical organizations specified in paragraph 8 of this Procedure.

13. A chemical-toxicological study is mandatory for the following chemicals, including their derivatives, metabolites and analogues: opiates, vegetable and synthetic cannabinoids, phenylalkylamines (amphetamine, methamphetamine), synthetic cathinones, cocaine and methadone, benzodiazepines, barbiturates.

A chemical-toxicological study is carried out for other substances that may lead to adverse effects in activities associated with a source of increased danger.

14. The medical registrar of one of the medical organizations specified in paragraphs 4 - 6 of this Procedure, to which the person being examined applied for a medical examination, on the basis of an identity document:

selects (or fills out) the Medical record of a patient receiving medical care on an outpatient basis (form N 025 / y)<1>, and issues to the person being examined a form of medical opinion on the absence of medical contraindications to the possession of weapons, the form of which is provided for in Appendix No. 2 to this order, with lines 1 - 3 completed on the basis of an identity document of the person being examined;

<1>Order of the Ministry of Health of the Russian Federation of December 15, 2014 N 834n "On approval of unified forms of medical documentation used in medical organizations providing medical care on an outpatient basis, and procedures for filling them out" (registered by the Ministry of Justice of the Russian Federation on February 20, 2015 , registration N 36160).

informs the examinee about the list of medical examinations by specialist doctors and laboratory tests that must be completed as part of the medical examination, and about the need to undergo a chemical-toxicological examination.

16. Sampling of a biological object (urine) for sending to a chemical-toxicological study is carried out in a volume of at least 30 ml in a disposable container for collecting urine in the toilet room of a medical organization specified in paragraph 6 of this Procedure.

17. In order to exclude falsification of a sample of a biological object (urine), during the first 5 minutes after its collection, the following measurements are taken:

temperature using a non-contact device with automatic registration of measurement results (normally, the temperature should be in the range of 32.5 - 39.0 ° C);

pH using a pH meter or universal indicator paper (normal pH should be in the range of 4 - 8);

relative density (normal relative density should be in the range of 1.008 - 1.025).

18. Upon completion of the preliminary chemical-toxicological examination, if the sample of the biological object (urine) contains no narcotic drugs, psychotropic substances and their metabolites, a confirmatory chemical-toxicological examination shall not be carried out.

Upon completion of the preliminary chemical-toxicological study, if the sample of the biological object (urine) contains narcotic drugs, psychotropic substances and their metabolites and regardless of their concentration, a confirmatory chemical-toxicological study is carried out. The term for delivery of a sample of a biological object (urine) to a medical organization conducting a confirmatory chemical-toxicological study should not exceed 10 working days from the moment the sample of a biological object (urine) was taken.

19. The term for conducting a confirmatory chemical-toxicological study should not exceed 3 working days from the moment a sample of a biological object (urine) is received by the chemical-toxicological laboratory.

20. Samples of biological objects (urine) are stored in the chemical-toxicological laboratory for 3 months from the date of confirmatory chemical-toxicological studies, and the obtained mass spectra - in electronic form for five years.

21. The results of chemical-toxicological studies are reflected in the certificate of the results of chemical-toxicological studies (recording form N 454 / y-06), which is drawn up in the form and in the manner approved by the order of the Ministry of Health and Social Development of the Russian Federation dated January 27, 2006. N 40 "On the organization of chemical and toxicological studies in the analytical diagnosis of the presence in the human body of alcohol, narcotic drugs, psychotropic and other toxic substances" (registered by the Ministry of Justice of the Russian Federation on February 26, 2006, registration N 7544) and submitted to a medical organization, sent a sample of a biological object (urine) to the chemical-toxicological laboratory.

At the request of the examined in the medical organization specified in paragraph 6 of this Procedure, he is issued a copy of the certificate of the results of chemical and toxicological studies.

22. If, based on the results of a chemical-toxicological study, there are no narcotic drugs, psychotropic substances and their metabolites in a sample of a biological object (urine), the psychiatrist-narcologist of the medical organization specified in paragraph 6 of this Procedure shall issue a medical report on the absence of narcotic drugs in the human body. drugs, psychotropic substances and their metabolites, the form of which is provided for in Appendix No. 4 to this order, in two copies. One copy of the specified medical report is issued to the person being examined, the second copy is entered by the psychiatrist-narcologist of the medical organization specified in paragraph 6 of this Procedure into the Medical Record

In case of detection of narcotic drugs, psychotropic substances and their metabolites in a sample of a biological object (urine), a medical conclusion on the absence of narcotic drugs, psychotropic substances and their metabolites in the human body is not issued.

23. If, during the examination by a psychiatrist, symptoms and syndromes of a disease are detected in the person being examined, in the presence of which the possession of weapons is contraindicated, the person being examined is sent for a psychiatric examination by a medical commission of a medical organization authorized by the federal executive body in the field of healthcare or the executive body of the subject Russian Federation in the field of healthcare, in accordance with Article 6 of the Law of the Russian Federation of July 2, 1992 N 3185-1 "On psychiatric care and guarantees of the rights of citizens in its provision" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992 , N 33, item 1913, 2013, N 48, item 6165).

If the examined person refuses to undergo the specified psychiatric examination, a certificate based on the results of the examination by a psychiatrist is not issued.

24. Certificates based on the results of examinations by a psychiatrist, a psychiatrist-narcologist and an ophthalmologist are issued in accordance with the order of the Ministry of Health and Social Development of the Russian Federation dated May 2, 2012 N 441n "On approval of the procedure for issuing certificates and medical reports by medical organizations "(registered by the Ministry of Justice of the Russian Federation on May 29, 2012, registration N 24366).

25. The results of medical examinations carried out as part of the medical examination (including certificates on the results of examinations by a psychiatrist, a psychiatrist-narcologist and an ophthalmologist) and laboratory research, as well as a reasonable conclusion about the presence (absence) of medical contraindications to the possession of weapons, are entered by the doctor of the medical organization specified in paragraph 14 of this Procedure in the Medical record of a patient receiving medical care on an outpatient basis (form N 025 / y).

26. A medical report on the absence of medical contraindications to the possession of weapons is drawn up by a doctor of the medical organization to which the examined person applied in accordance with paragraph 14 of this Procedure, on the basis of certificates from specialist doctors, the information specified in paragraph 25 of this Procedure, in the presence of the examined.

The period of validity of a medical certificate on the absence of medical contraindications to the possession of weapons for obtaining a license to purchase weapons is one year from the date of its issuance<1>.

<1>Article 13 of the Federal Law of December 13, 1996 N 150-FZ "On Weapons" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, N 51, Art. 5681; 2011, N 1, Art. 10; 2012, N 29, Art. 3993 ; 2013, N 27, item 3477; 2014, N 14, item 1555; N 30, item 4228; 2015, N 1, item 76; N 29, item 4356; 2016, N 1, item 28 ).

If the person being examined refuses to undergo a medical examination or to undergo at least one of the medical examinations by medical specialists and laboratory tests provided for in clause 7 of this Procedure, as well as a chemical-toxicological study, drawn up in accordance with Article 20 of the Federal Law of November 21, 2011 No. N 323-FZ "On the fundamentals of protecting the health of citizens in the Russian Federation" (Collected Legislation of the Russian Federation, 2011, N 48, art. 6724; 2013, N 48, art. 6165), a medical opinion on the absence of medical contraindications to the possession of weapons is not issued .

27. Issued medical reports on the absence of medical contraindications to the possession of weapons are subject to mandatory registration in the Register of issued medical reports on the absence of medical contraindications to the possession of weapons, the form of which is provided for in Appendix No. 3 to this order.

Appendix No. 2
to the order of the Ministry of Health
Russian Federation
dated June 30, 2016 N 441n

Name of the medical
organizations
Form code according to OKUD ____________
Institution code according to OKPO __________
Address Medical documentation
Form N 002-О/у
Approved by order
Ministry of Health of Russia
dated June 30, 2016 N 441n
License

Medical report series ______ N _____ on the absence of medical contraindications to the possession of weapons 1. Surname, name, patronymic (if any) __________________________________________________________________________________ 2. Date of birth: day _________ month _________________ year ____ 3. Place of registration: subject of the Russian Federation _______________ district ____________________________________________________________ city _____________________ settlement _____________________ street ______________________ house ____________ apartment _______ 4. Date of issue of the medical report: date _____ month ________ year ____ 5. Medical report: there were no medical contraindications to possession of weapons. 6. Surname, name, patronymic (if any), signature of the doctor who issued