Determination of firearms in the Polish law

Aleksander Babiński Determination of firearms in the Polish law Security Dimensions. International & National Studies nr 1 (11), 12-22 2014 SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 11; 2014 (12-22) DETERMINATION OF FIREARMS IN THE POLISH LAW Aleksander Babiński, Ph.D. Wyższa Szkoła Policji w Szczytnie ABSTRACT Firearms are subject plays a greater or lesser role in our lives, and above all in the area of our security. Discussion on the need for surveillance of both access to firearms, as well as forms that it has taken must be based on the establishment of the Polish legislation defines as firearms. The concept is caused and causes a lot of controversy in doctrine and jurisprudence. Seeing the need in the article, the author presents the determination of firearms, paying particular attention to the importance of its legal determination in the law on firearms and ammunition and its evolution. Indicates the impact that EU law has had in its shape in the current content. The author presents the elements, the occurrence of which causes that we are dealing with firearms. Draws attention to the achievements of the doctrine, the necessary technical expertise conditioning knowledge of the subject which is the weapon. This indicates that they are necessary for the proper determination of its designations. The result indicates the elements that determines the occurrence of that we have to deal with weapons under Polish law. The author presents and attempts to unravel the dilemmas which arise as a result of a literal reading of the recognition of firearms in the law on firearms and ammunition. Not based upon the definition of substance only firearms, but also emphasizes the importance of determining the span of her discussing succession weapon: fighting, hunting, sporting, gas alarm and signaling. It also draws attention to how problematic recognition as a firearm finished or machined significant part of the weapon. Presented in the development of firearms issues certainly will deepen their knowledge in the stated range, and in the future accurately evaluate the behavior of the perpetrators as criminal acts or not prohibited. ARTICLE INFO Article history Received: 07.05.2014 Accepted 09.07.2014 Keywords firearm, definition of a firearm, dangerous objects, combat weapons, hunting weapons, sporting guns, gas guns, alarm guns and signal guns. The issue of firearms ownership evolves over time. The approach to the issue has been changing depending on the historical period and, whether we speak of a time when carrying weapons seems to be a self-evident matter, acceptable because of the need to ensure safety (e.g. during war). The issue of restrictions on access to firearms occurs with the formation of state structures, i.e. practically since the beginning of the Middle Ages. Then, weapons ceased to be identified only with a working tool, depending on the social status—affiliation to particular social 12 class—but it became an attribute of the ruling power and nobility. Given the history of regulations on weapons, we could speak of having a weapon as a certain “voice” of freedom, returning to the noble traditions to display weapons as a symbol of social status. The symbolism of this, as well as social factors, historical or legal decide the role of weapons in interpersonal relations – social.1 See. J. Wójcikiewicz, Posiadanie broni palnej przez obywateli, Warszawa-Kraków 1999, p. 16 1 SECURITY DIMENSIONS Regardless of the reasons why people want to own a gun, firearms play more or less major role in our lives, especially in the area of our security. In particular firearm. The public is not indifferent as to weapons (firearms), which are often desired. 2 For this reason, firearms are treated as an object available not only to welldefined groups of people, often institutionalized, but to growing group of individuals. Proposals for new regulations relating to the possession of weapons, and the information appearing in the media, prove the existence of demand in society for getting wider, easier access to weapons. These aspirations verify events such as Breivik's bloody terrorist attacks in Norway, after which it has been called for stricter laws governing the possession of weapons, valid throughout the EU. Discussion on the need for surveillance of both access to weapons (especially firearms), as well as forms that it has to take, must be based on determining whether or not to restrict access to weapons, and if it is really necessary, because of the impact it has on safety—whether it is merely the result of persisting in a well-established system for centuries constraints dictated by concerns about the use of power weapons against it. This discussion must be preceded by a presentation of what the Polish legislation defines a firearm as a concept caused and causes much controversy. They arise even from the fact that the law on weapons, munitions and explosives of 19613, and preceding the presidential regulation of 1932 Law on weapons, ammunition and explosives 4 does not define the concept of a firearm, although classify arms in a positive enumeration. The Act on weapons, See. W. Poznaniak, Społeczno-psychologiczne aspekty posiadania broni, „Ruch Prawniczy, Ekonomiczny i Socjologiczny” 2003, vol. 2, p. 265. 3 Ustawa z 31 stycznia 1961 r. o broni, amunicji i materiałach wybuchowych (DzU nr 6, poz. 43 z późn. zm.). 4 Rozporządzenie Prezydenta z 27 października 1932 r. — Prawo o broni, amunicji i materiałach wybuchowych (DzU nr 94, poz. 807 z późn. zm.). 2 11 ammunition and explosives indicated only in art. 1 paragraph. 1, that whenever this Act is referred to weapons without further determination, it should be understood as short firearms and hunting weapons and for sporting purposes. In the absence of a legal definition of a firearm used a variety of shots of her doctrine developed by the. Apart from the technicalmilitary and linguistic definitions of firearms the following can be distinguished, which are not applicable in law and criminology: 5 general definitions - they are rarely used because they are not precise enough. They have a form of a simple classic definition; definitions for classification - in fact, they do not define what a firearm is and they merely list the types – they are found in older textbooks of criminology6; general axiomatic definitions the definitions of an axiomatic statement express the requirements that must be met by an object to be considered a weapon. They shall determine the characteristics of firearms;7 axiomatic definitions of specific nature - specify the name of a firearm by mentioning a number of significant features and components of weapons or even discuss the principle of its operation.8 According to the accepted way to develop further discussion will be limited to discussion 5 W. Brywczyński, J. Kasprzak, Nielegalne posiadanie broni i amunicji, Studium prawno-kryminalistyczne, Białystok 2013, pp. 107–111. 6 Eg. B. Lewenb (...truncated)