Relvaseadus (RelvS)

§ 1. Scope of Act

(1) For the purpose of ensuring public order and national security, this Act provides for the requirements for the handling of weapons, their components, ammunition and munition, the legal grounds, procedure and liability for the grant of permission for weapons, their components, ammunition and munition to be used for civilian purposes, the use thereof for civilian purposes and the removal thereof from civilian use, the requirements for firing ranges and field firing ranges, and the bases and procedure for the exercise of state supervision in such areas.

(1¹) The provisions of the Administrative Procedure Act apply to the administrative proceedings prescribed in this Act, taking into account the specifications provided in this Act.

(1²) The General Part of the Economic Activities Code Act applies to the commencement, pursuit and termination of the economic activities of undertakings governed by this Act, taking into account the specifications provided in this Act.

§ 1¹. Definitions

(1) For the purposes of this Act, weapons are the weapons specified in § 11 of this Act.

(2) For the purposes of this Act, the handling of weapons and ammunition is the manufacture, sale, acquisition, owning, possession, storage, maintenance, carrying, conveyance, transport, import, export, transfer, succession, finding and destruction of weapons and ammunition, and the repair, conversion, dismantling and rental of weapons and the rendering of weapons inoperable.

(3) For the purposes of this Act, a shooting sports organisation means a national association of shooting clubs engaged in shooting sports, which is a member of an international shooting sports organisation or of an internationally recognised shooting sports association and which promotes shooting sports and organises competitions.

(4) For the purposes of this Act, a shooting club means a legal person in private law which unites natural persons engaged in shooting sports and the main activity of which is to advance shooting sports and which is a member of an Estonian shooting sports organisation.

(5) For the purposes of this Act, a museum means a state museum, a museum using a state-owned museum collection or a museum that has voluntarily joined the database of museums established on the basis of § 15 of the Museums Act if it meets the definition of a museum referred to in subsection 1 of § 2 of the Museums Act and if it acquires, conserves, researches and exhibits weapons, essential components of firearms, magazines in restricted commerce or ammunition for historical, cultural, scientific, technical, educational, heritage or recreational purposes.

(6) For the purposes of this Act, a weapons collection of a museum means an organised set or individual specimens of weapons, essential components of firearms, magazines in restricted commerce or ammunition with historical or cultural value which are used or which can be used for exhibition purposes or for research and which have been entered in the database of museums established on the basis of § 15 of the Museums Act.

(7) For the purposes of this Act, a person participating in national defence means a natural person who is:

1) an active serviceman for the purposes of § 7 of the Military Service Act;

2) an active member of the Defence League appointed to a wartime position;

3) a person in reserve appointed to a wartime position who is a member of a representative organisation of persons in reserve that receives operating subsidies from the state budget (hereinafter representative organisation).

(8) For the purposes of this Act, an undertaking providing armed ship protection on a ship flying the national flag of Estonia means an undertaking who is involved in providing armed ship protection on the ship in a high risk area according to § 75³ of the Maritime Safety Act.

§ 2. Scope of application of Act

(1) This Act is not applied to:

1) items which are not constructed as or adapted to be weapons but which can be used as such;

1¹) objects which are designed for alarm, signalling, life-saving, animal slaughter or tranquillising or for industrial or technical purposes provided that they can be used for the stated purpose only;

2) firearms which were manufactured before the year 1870 and replicas thereof, provided the ammunition specified in §§ 19 and 20 of this Act cannot be fired from them;

3) weapons which have been rendered inoperable and for which a document certifying deactivation set out in Annex III to Commission Implementing Regulation (EU) 2015/2403 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable (hereinafter European Commission Implementing Regulation) has been issued, unless otherwise provided by this Act;

3¹) weapons which have been rendered inoperable before 8 April 2016 and for which a declaration certifying deactivation has been issued under this Act, unless otherwise provided by this Act;

4) military weapons which have been demilitarised according to the Strategic Goods Act, unless otherwise provided by this Act;

4¹) the import to and export from Estonia of military weapons, weapons systems, their essential components, ammunition of military weapons and munition under a special authorisation provided in § 6 of the Strategic Goods Act;

5) explosives and pyrotechnic articles in matters governed by the Explosives Act, with the exception of ammunition of military weapons and pyrotechnic articles and munition, unless otherwise provided by this Act;

6) blade devices which have been manufactured for household or everyday use and which lack the special characteristics specified in clause 2 of subsection 2 of § 20 of this Act;

8) weapons of official and ammunition therefor and munition in the possession of government authorities or the Defence League, unless otherwise provided by this Act;

9) weapons allotted to the Defence League and ammunition therefor, unless otherwise provided by this Act or the Estonian Defence League Act;

10) weapons of official, and ammunition therefor, carried by an armed cabin crew member or an official of a competent authority of another country or an official of a European Union Agency who has been involved in the activities of the police or the customs authorities on the basis of an international agreement or legislation of the European Union, except in the case provided in § 3¹ of this Act;

11) weapons and ammunition in the possession of the state and the national forensic institution and used by the national forensic institution for the performance of expert analyses, except in the case provided in § 10¹ of this Act;

12) the handling of weapons of an undertaking providing armed ship protection on a ship flying the national flag of Estonia, which are not registered in the register of service and civilian weapons, or to the handling of the essential components, accessories and ammunition thereof, except for Chapters 2, 12³, 13 and 13¹ of this Act.

(3) The provisions of this Act pertaining to the European Union and European Union Member States are also applied to European Economic Area member countries and Switzerland.

§ 2¹. Exchange of information and cooperation concerning firearms in European Union

(1) The Police and Border Guard Board exchanges information with competent authorities of European Union Member States concerning refusal to issue a weapons permit, an acquisition permit, a permit to carry a weapon, or a collection permit for weapons and cartridges (hereinafter collection permit) on grounds of public order or national security or relating to the person’s unreliability, and concerning prior authorisation and authorisation for transferring a firearm to another European Union Member State.

(2) In cases specified in subsection 1 of this section, exchange of information takes place on the basis of the following directly applicable legislation of the European Union:

1) Commission Delegated Regulation (EU) 2019/686 laying down the detailed arrangements under Council Directive 91/477/EEC for the systematic exchange, by electronic means, of information relating to the transfer of firearms within the Union (OJ L 116, 03.05.2019, pp 1–4);

2) Commission Delegated Regulation (EU) 2021/1423 laying down the detailed arrangements under Directive (EU) 2021/555 of the European Parliament and of the Council for the systematic exchange, by electronic means, of information relating to refusals to grant authorisations to acquire or possess certain firearms (OJ L 307, 01.09.2021, pp 3–8).

(3) Information specified in subsection 1 of this section is exchanged via the Internal Market Information System governed by Regulation (EU) No 1024/2012 of the European Parliament and of the Council on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (OJ L 316, 14.11.2012, pp 1–11) (hereinafter Internal Market Information System).

(4) The Police and Border Guard Board informs competent authorities of a European Union Member State, via the Internal Market Information System, of a person:

1) who was refused the issue of a collection permit under subsection 4 or 5 of § 26 of this Act;

2) who was refused the issue of a weapons permit, an acquisition permit or a permit to carry a weapon due to circumstances precluding the grant of a permit provided in clause 1, 2, 3, 5, 6, 6¹, 7, 8, 9, 11, 11¹ or 11² of subsection 1 or in subsection 4 of § 36 of this Act;

3) whose weapons permit, acquisition permit, collection permit or permit to carry a weapon was suspended on a ground provided in subsection 8 of § 26, subsection 7 of § 40¹ or clause 1, 1¹, 2, 2¹ or 5 of subsection 1 of § 43 of this Act;

4) whose weapons permit, acquisition permit, collection permit or permit to carry a weapon was revoked on a ground provided in subsection 10 or 11 of § 26, clause 2, 9, 9¹, 9⁴ or 9⁵ of subsection 3 or in subsection 3¹, 3² or 3³ of § 43 or subsection 7 of § 40¹ of this Act.

(5) Information exchanged via the Internal Market Information System remains accessible in the Internal Market Information System for ten years from whichever of the dates referred to in clauses 1–3 of this subsection is the latest one, insofar as they are applicable to the refusal decision in question and taking account of any updates made under Article 4 of Commission Delegated Regulation (EU) 2021/1423:

1) the date recorded in the Internal Market Information System as the date on which the refusal decision was made;

2) the date recorded in the Internal Market Information System as the date on which the entry was last updated to confirm that the refusal decision remains in force;

3) the date recorded in the Internal Market Information System as the fixed end date of the refusal decision.

(6) Concerning a person applying for a weapons permit, an acquisition permit, a permit to carry a weapon or a collection permit, the Police and Border Guard Board checks whether the Internal Market Information System includes a notice that another European Union Member State has refused to issue to the person a permit to handle a weapon on grounds of security or relating to the person’s unreliability.

(7) The Police and Border Guard Board informs competent authorities of a European Union Member State, via the Internal Market Information System, that it has issued a document for the conveyance of weapons and ammunition within the European Union specified in clause 1 or 2 of subsection 1 of § 62⁴ of this Act and checks information entered in the Internal Market Information System concerning documents required for transferring a weapon and ammunition to Estonia or from Estonia to another European Union Member State.

§ 3¹. Weapons of official of armed cabin crew member and official of another country and official of European Union Agency and ammunition therefor

(1) The following types of weapons of official are allowed for an official of a competent authority of another country and an official of a European Union Agency who has been involved in the activities of the police or the customs authorities on the basis of an international agreement or legislation of the European Union:

1) firearms;

2) gas weapons;

3) cut-and-thrust weapons;

4) pneumatic weapons;

5) electric shock weapons;

6) practice weapons.

(2) The types of weapons of official specified in clauses 1, 3 and 4 of subsection 1 of this section are allowed for an armed cabin crew member.

(3) The ammunition for a weapon of official is the ammunition used in the weapons of official listed in subsections 1 and 2 of this section.

(3¹) A weapon of official of an armed cabin crew member and an official of another country and an official of a European Union Agency, and ammunition therefor, may be imported to Estonia with the intention of taking the same goods back without altering them only on the basis of a notice issued by the relevant authority in Estonia.

(4) An armed cabin crew member and an official of a competent authority of another country and an official of a European Union Agency may only use their weapon of official if the life of the official or another person is in danger. It is prohibited to use a weapon against a child, an elderly person or a woman who is clearly pregnant, except in order to counter or obstruct their armed or group attack or to disarm them.

(5) The subtypes of a weapon of official of an armed cabin crew member and an official of a competent authority of another country and an official of a European Union Agency and the procedure for the handling of a weapon of official of an official of a competent authority of another country and ammunition therefor are established by a regulation of the minister in charge of the policy sector.

§ 4. Use of firearms in historical re-enactments or other public cultural events

Firearms may be used in historical re-enactments or other public cultural events, including during filming and in performances, only by a person who holds a weapons permit on the basis of a single permit granted by the Police and Border Guard Board. Only blank cartridges may be used.

§ 5. Weapons and ammunition which form part of estate

(1) Persons who come into possession of weapons and ammunition due to the death of the owner thereof are required to promptly hand over the weapons and ammunition to the police pursuant to the procedure established by subsections and 3 and 4 of § 44 of this Act.

(2) Within three months as of the date of acceptance of a succession, a successor has the right to:

1) submit an application for a weapons permit for a bequeathed weapon;

2) submit an application for a bequeathed weapon to be rendered inoperable or for the establishment of its compliance with the deactivation requirements;

3) transfer a bequeathed weapon and ammunition pursuant to the procedure provided in this Act.

(3) If a successor is denied a weapons permit for a bequeathed weapon, the successor is required to transfer the weapon and ammunition within three months as of the date of communication of the decision to deny the weapons permit.

(4) Weapons and ammunition which form part of an estate and the use of which is prohibited for civilian purposes but the collection of which is permitted may be transferred, pursuant to the procedure established by this Act, to the state or a person holding a collection permit.

(5) If the owner has not transferred a weapon or ammunition within the period of time established by subsection 2 or 3 of this section, the weapon or ammunition is subject to expropriation.

§ 6. Expropriation of weapons and ammunition

(1) Expropriation is defined in this Act as the taking into state ownership of weapons and ammunition in the cases prescribed by this Act.

(2) Weapons and ammunition are expropriated for fair and immediate compensation. Compensation is paid to the owner or possessor of or the successor to the weapon or ammunition subject to expropriation.

(3) Expropriation is decided by the Police and Border Guard Board. The expropriation decision indicates the basis for expropriation, the amount of compensation payable and the recipient of the compensation. The decision is communicated to the recipient of the compensation.

(3¹) If the recipient of compensation does not reside at the address entered in the register and their actual whereabouts are unknown and the expropriation decision cannot be otherwise served on them, an official of the Police and Border Guard Board may publish the decision in the official publication Ametlikud Teadaanded.

(3²) If an expropriation decision is published in the official publication Ametlikud Teadaanded, the personal data of the recipient of compensation disclosed are their given name, surname and personal identification code or, in the absence of the latter, their date of birth. The expropriation decision is deemed publicly delivered after the passing of 30 days from the date of its publication in the official publication Ametlikud Teadaanded or when the person confirms the receipt of the notice in the information system of Ametlikud Teadaanded.

(4) The procedure for the calculation and payment of compensation payable for weapons and ammunition subject to expropriation is established by a regulation of the Government of the Republic.

(5) The procedure for the sale of expropriated weapons and ammunition is established by a regulation of the minister in charge of the policy sector.

§ 7. Weapons and ammunition in joint ownership

(1) If upon the division of the joint property of spouses or registered partners one of them retains a weapon or ammunition which is registered in the name of the other, they are required to promptly hand over the weapon or ammunition to the police pursuant to the procedure established by subsections 3 and 4 of § 44 of this Act.

(2) Within three months as of the creation of the right of ownership to the divided property, the owner has the right to:

1) submit an application for a weapons permit for an acquired weapon;

2) submit an application for the weapon to be rendered inoperable or for the establishment of its compliance with the deactivation requirements;

3) transfer the weapon and ammunition within three months pursuant to the procedure established by this Act.

(3) If the issue of a weapons permit is denied, the weapon and ammunition are transferred within three months as of the date of communication of the decision on denial.

(4) If the owner has not transferred the weapon or ammunition within the period of time established by subsection 2 or 3 of this section, the weapon or ammunition is subject to expropriation.

(5) If a person specified in subsection 1 of this section holds a parallel weapons permit for the same weapon and they have conditions for the storage of the weapon which comply with this Act, they may keep the weapon and ammunition during the performance of the acts prescribed in subsections 2 and 3 of this section.

§ 8. Weapons and ammunition which form part of bankruptcy estate

(1) In the event of bankruptcy, the trustee in bankruptcy must ensure that weapons and ammunition which form part of the bankruptcy estate are stored pursuant to the procedure and under the conditions established by this Act.

(2) Weapons and ammunition which form part of a bankruptcy estate may be transferred under the conditions and pursuant to the procedure established by this Act. A weapon transfer permit is issued on the basis of an application by the trustee in bankruptcy.

(3) If weapons or ammunition which form part of a bankruptcy estate cannot be transferred within six months after the declaration of bankruptcy, the weapons and ammunition are destroyed pursuant to the procedure provided in § 83 of this Act.

(4) The requirements provided in Subchapter 3 of Chapter 11¹ of this Act are applied to a military weapon, ammunition of military weapons and munition that form part of a bankruptcy estate.

§ 8¹. Weapons and ammunition which are object of enforcement proceedings

(1) In the course of enforcement proceedings, the enforcement agent must ensure that the weapons and ammunition which are the object of the enforcement proceedings are stored pursuant to the procedure and under the conditions established by this Act.

(2) Weapons and ammunition which are the object of enforcement proceedings may be transferred under the conditions and pursuant to the procedure established by this Act. A weapon transfer permit is issued on the basis of an application by the enforcement agent.

(3) A military weapon, a weapons system, ammunition of military weapons, munition and essential components thereof may not be seized or sold in enforcement proceedings.

§ 9. Finding of weapons and ammunition

(1) A person who has found lost, buried, hidden or discarded weapons or ammunition and who has taken possession thereof must promptly inform the police of the finding and hand over the weapons or ammunition to the police pursuant to the procedure established by subsections 3 and 4 of § 44 of this Act.

(2) The police publicly announces the finding of a weapon or ammunition within seven working days as of the day following the day on which the weapon or ammunition found is handed over to the police.

(3) If the owner or possessor of a found weapon or found ammunition has not been determined within six months after a public announcement, the finder has the right to gain ownership of the found weapon or ammunition unless it is established that the weapon has previously been used in illegal activities.

(4) Within three months as of the creation of the right of ownership to the found property, the owner has the right to:

1) submit an application for a weapons permit for an acquired weapon;

2) submit an application for the acquired weapon to be rendered inoperable or for the establishment of its compliance with the deactivation requirements;

3) transfer the weapon and ammunition pursuant to the procedure established by this Act.

(5) If a person is denied a weapons permit for a found weapon, the weapon and ammunition must be transferred within three months as of the date of communication of the decision on denial.

(6) Found weapons and ammunition the use of which is prohibited for civilian purposes but the collection of which is permitted may be transferred, pursuant to the procedure established by this Act, to the state or a person holding a collection permit.

(7) If the finder of a weapon or ammunition has not transferred the weapon or ammunition within the period of time established by subsection 4 or 5 of this section, the weapon or ammunition is subject to expropriation.

§ 10. Notification of repercussions of handling and use of weapons and of loss and destruction of weapons

(1) If the handling or use of a weapon results in the death of a person or if a bodily injury or proprietary damage is caused to a person, the possessor of the weapon is required to promptly inform the police of the handling or use of the weapon.

(2) For the purposes of this Act, the use of a weapon is a direct and purposeful activity for hitting or damaging an object with a weapon.

(3) The possessor of weapons is required to promptly notify the police of every loss or destruction of a weapon.

§ 10¹. Handling of weapons and ammunition used for expert analyses in forensic institution

The procedure for the handling of weapons and ammunition in state ownership which the forensic institution uses for expert analyses is established by a regulation of the minister in charge of the policy sector.

§ 11. Classification of weapons

Weapons are classified as follows:

1) a firearm is a weapon or device which is intended or adapted to discharge a directed projectile by the action of gas pressure caused as a result of propellant gases, combustion gases or explosive gases;

2) a gas weapon is a weapon intended to cause short-term damage to living objects by means of irritant gases;

3) a pneumatic weapon is a weapon where the projectile receives an impulse for directed movement from the energy provided by compressed air or other compressed gases;

4) a cut-and-thrust weapon is a weapon intended to damage objects by means of muscular energy and in direct contact with the object to be damaged;

5) a projectile weapon is a weapon where the projectile receives an impulse for directed movement from human bodily energy or by means of a mechanical device;

6) an electric shock weapon is a weapon the effect of which is based on the use of electric energy;

7) an alarm and signal weapon is a device with a cartridge holder which is manufactured to fire only blanks or pyrotechnic signalling rounds and which is not capable of being adapted to expel a shot, bullet or projectile by the action of a combustible propellant;

8) an acoustic weapon is a firearm, including an automatic firearm, specifically converted or adapted for the sole use of firing blanks, for use mainly in theatre performances, photographic sessions, film and television recordings, historical re-enactments, parades or sporting events and practising for them;

9) a deactivated weapon is a firearm or an acoustic weapon that has been rendered unfit for use by deactivation by rendering all essential components of the firearm in question inoperable and incapable of removal, replacement or modification in a manner that would permit the firearm to be reactivated in any way.

§ 12. Classification of firearms

(1) Firearms are classified on the basis of their length and the length of their barrels as follows:

1) a gun is a firearm with an overall length of over 600 mm and a barrel length of over 300 mm;

2) a pistol is a firearm with an overall length of up to 600 mm (inclusive) and a barrel length of up to 300 mm (inclusive) and in which cartridges may be located in the magazine in one or more rows;

3) a revolver is a firearm with a cylinder and with an overall length of up to 600 mm (inclusive) and a barrel length of up to 300 mm (inclusive), and in which the cylinder simultaneously serves as a magazine and a chamber.

(2) Firearms are classified on the basis of the cartridges used as follows:

1) a firearm where centre-fire cartridges are used as ammunition;

2) a firearm where rimfire cartridges are used as ammunition.

(3) Firearms are classified by the characteristics of their bore as follows:

1) a firearm with a smoothbore barrel is a firearm with a smooth bore without rifling;

2) a firearm with a rifled barrel is a firearm with a bore with rifling;

3) a combination rifle-shotgun is a firearm with a combination of smoothbore and rifled barrels.

§ 12¹. Classification of weapons in categories

(1) Weapons classified in category A are:

1) automatic firearms – firearms which are reloaded automatically each time a round is fired and can fire more than one round with one pull on the trigger;

2) firearms disguised as other objects;

3) automatic firearms which have been converted into semi-automatic firearms;

4) semi-automatic pistols using centre-fire cartridges when a magazine with a capacity exceeding 20 rounds is inserted into them, which allows the firing of more than 21 rounds without replacing the magazine;

5) semi-automatic guns using centre-fire cartridges when a magazine with a capacity exceeding 10 rounds is inserted into them, which allows the firing of more than 11 rounds without replacing the magazine;

6) semi-automatic guns that can be reduced to a length of less than 600 mm without losing functionality by means of a folding or telescoping stock or by a stock that can be removed without using tools;

7) all firearms listed in clauses 1–6 of this subsection that have been converted into an acoustic weapon.

(2) Weapons classified in category B are:

1) semi-automatic or repeating pistols;

2) single-shot pistols with centre-fire percussion;

3) single-shot pistols with rimfire percussion whose overall length is less than 280 mm;

4) semi-automatic guns whose magazine and chamber can together hold more than three rounds of rimfire cartridges;

5) semi-automatic guns whose magazine and chamber can together hold more than three but less than twelve rounds of centre-fire cartridges;

6) semi-automatic pistols using centre-fire cartridges when a magazine with a capacity up to 20 rounds is inserted into them;

7) revolvers;

8) repeating and semi-automatic guns with smooth-bore barrels not exceeding 600 mm in length;

9) all firearms listed in clauses 1–4 and 6–8 and 10 of this subsection that have been converted into an acoustic weapon;

10) semi-automatic firearms for civilian use which resemble weapons with automatic mechanisms other than those listed under clauses 4–6 of subsection 1 of this section.

(3) Weapons classified in category C are:

1) repeating and semi-automatic guns with smooth-bore barrels exceeding 600 mm in length;

2) single-shot guns;

3) semi-automatic guns whose magazine and chamber can together hold up to three rounds of rimfire cartridges;

4) repeating guns using rimfire cartridges;

5) semi-automatic guns whose magazine and chamber can together hold up to three rounds of centre-fire cartridges;

6) repeating guns whose magazine and chamber can together hold up to twelve rounds of centre-fire cartridges;

7) single-shot pistols with rimfire percussion whose overall length is at least 280 mm;

8) all firearms listed in clause 5 of subsection 2 of this section and clauses 1–5 of this subsection that have been converted into an acoustic weapon;

9) firearms listed in subsections 1–3 of this section that have been deactivated according to Annex I to the European Commission Implementing Regulation;

10) weapons listed in clauses 1 and 2 of subsection 1 of § 19 of this Act.

(4) The classification of a weapon in a category set out in subsections 1–3 of this section is determined when the weapon is entered on a document specified in clauses 1–3 of subsection 1 of § 62⁴ of this Act.

§ 13. Classification of gas weapons

The types of gas weapons are:

1) gas spray;

2) gas pistols or gas revolvers, which are gas weapons intended to be fired only by means of a gas charge contained in a gas cartridge.

§ 14. Classification of pneumatic weapons

The types of pneumatic weapons are:

1) pneumatic guns;

2) pneumatic pistols or pneumatic revolvers.

§ 15. Classification of cut-and-thrust weapons

(1) The types of cut-and-thrust weapons are:

1) striking weapons (truncheons, telescopic truncheons, chain maces, steel whips, brass knuckles, etc.);

2) thrusting weapons (daggers, bayonets, stilettos, etc.);

3) thrusting-cutting weapons (hunting knives, diving knives, bayonet knives, etc.);

4) thrusting-slashing weapons (swords, etc.).

(2) A truncheon is a striking weapon made of rubber or plastic and intended for self-defence and to prevent an attack by way of causing short-term damage to the attacker.

§ 16. Classification of projectile weapons

The types of projectile weapons are:

1) crossbows, which are weapons where the projectile receives an impulse for directed movement by means of a mechanical device;

2) sporting bows;

3) underwater weapons (spearguns and underwater pistols);

4) projectile weapons (projectile darts, projectile spikes, projectile knives).

§ 17. Ammunition and classification thereof

(1) Ammunition means the complete round consisting of the following components:

1) combustible propellant or other propellant powder;

2) primers;

3) bullets, shots or other projectiles;

4) cartridge cases.

(2) The types of cartridges are:

1) firearm cartridge whose projectile is a bullet or a shot;

2) gas weapon cartridge whose projectile is gas.

(3) The types of firearm cartridges are:

1) centre-fire cartridges, which are cartridges where the incendiary substance needed to ignite the combustible propellant or propellant powder is contained at the centre of the cartridge base;

2) rimfire cartridges, which are cartridges where the incendiary substance needed to ignite the combustible propellant or propellant powder is located in the rim of the cartridge base.

§ 18. Weapons and ammunition in unrestricted commerce

(1) The following are weapons and ammunition in unrestricted commerce:

1) gas spray;

2) pneumatic weapons of a calibre of up to 4.5 mm (inclusive);

2¹) alarm and signal weapons which comply with the technical requirements established on the basis of this Act and which are incapable of firing by means of a gas charge contained in a gas cartridge;

3) hunting knives;

3¹) bayonet knives;

3²) bayonets;

4) diving knives;

5) fencing weapons for sport (épée, sabre, foil, etc.);

6) cut-and-thrust weapons related to historical tradition in culture, martial arts or sports (sword, dagger, rapier, etc.), or replicas thereof;

7) crossbows;

8) sporting bows;

9) underwater weapons.

(2) Bullets, shots or other projectiles and cartridge cases are cartridge components in unrestricted commerce.

(3) This Act only applies to weapons and ammunition therefor in unrestricted commerce to the extent of subsections 4–9 of this section and subsection 1 of § 10 and subsection 2 of § 28 of this Act.

(4) Weapons and ammunition therefor in unrestricted commerce must not be acquired, owned, possessed, carried, stored or conveyed by persons under 18 years of age.

(4¹) The provisions of subsections 2–4 of § 50 of this Act are applied to carrying a weapon referred to in clause 2¹ of subsection 1 of this section.

(5) Weapons specified in clauses 2 and 4–9 of subsection 1 of this section may be possessed, carried, stored or conveyed by persons who engage in corresponding sports and have attained at least ten years of age.

(5¹) Weapons specified in clause 8 of subsection 1 of this section may be used for hunting purposes by a person at least 18 years of age pursuant to the procedure and under the conditions provided by the Hunting Act.

(6) Only gas sprays filled with CS lacrimators CC or pepper gas (capsicin) are permitted. The concentration of the gas used in such sprays must not exceed 5%.

(7) An activity licence provided in § 66 of this Act is required for the manufacture and conversion of gas sprays, pneumatic weapons and alarm and signal weapons.

(8) Cut-and-thrust weapons specified in clause 6 of subsection 1 of this section may be carried and used with the aim of following historical tradition in culture, martial arts or sports, or to imitate combat which follows such tradition, provided that safety is ensured.

(9) Weapons in unrestricted commerce categorised as cultural objects are exported and conveyed in accordance with the Intra-Community Transport, Export and Import of Cultural Objects Act and legislation passed on the basis thereof.

§ 19. Weapons and ammunition in restricted commerce

(1) The following are weapons and ammunition in restricted commerce:

1) gas weapons, except for the gas sprays specified in clause 1 of subsection 1 of § 18;

2) pneumatic weapons, except for the pneumatic weapons specified in clause 2 of subsection 1 of § 18;

3) cut-and-thrust weapons, except for the cut-and-thrust weapons specified in clauses 3–6 of subsection 1 of § 18 and subsection 2 of § 20;

5) firearms, except for the firearms specified in subsection 1 of § 20;

6) acoustic weapons.

(1¹) A military weapon which has been type approved according to § 23 of this Act and which has not been set out in clause 5 or 7 of subsection 1 of § 20 or in the list established under subsection 5 of the same section as well as ammunition therefor may also be in restricted commerce.

(2) Weapons in restricted commerce may be acquired on the basis of an acquisition permit for weapons provided in § 32 of this Act (hereinafter acquisition permit) followed by registration in the name of the owner or possessor of the weapon, except if the weapon is acquired in order to engage in the manufacture of weapons, components of firearms or ammunition, the sale of weapons, components of firearms or ammunition, or the provision of services for the conversion and repair of weapons and components of firearms.

(3) Ammunition, propellants and primers intended for weapons in restricted commerce may be acquired on the basis of an acquisition permit or a weapons permit provided in §§ 32 or 34 of this Act, except if the weapon is acquired in order to engage in the manufacture of weapons, components of firearms or ammunition, the sale of weapons, components of firearms or ammunition, or the provision of services for the conversion and repair of weapons and components of firearms.

§ 20. Weapons and ammunition prohibited for civilian purposes

(1) The use of the following firearms is prohibited for civilian purposes:

1) firearms disguised as other objects;

3) firearms which can be folded (collapsed) or shortened to a greater extent than generally permitted for such type of weapon;

4) firearms which can be fired when disassembled;

5) automatic firearms which can produce full automatic fire with a single pull on the trigger;

6) firearms which do not bear the manufacturer’s marking;

7) particularly dangerous weapons, grenade launchers and military weapons referred to in clauses 2–4 of subsection 1 of § 83³ of this Act.

(2) The use of the following cut-and thrust weapons is prohibited for civilian purposes:

1) brass knuckles, knuckle knives, chain maces, and also other objects specifically intended to cause bodily injuries;

2) cutting, thrusting and striking weapons which are disguised as other objects or hidden within other objects;

3) knives with a blade which is ejected by the force of a spring or gravity and which is then locked, and with a blade length of over 8.5 cm or a double-edged blade.

(3) The use of electric shock weapons for civilian purposes is prohibited.

(4) The use of the following ammunition is prohibited for civilian purposes:

1) gas pistol and gas revolver cartridges containing neuroparalytic substances or substances which induce skin damage, general intoxication or choking and which may cause damage to health to the extent where medical attention is required to eliminate the consequences of exposure;

2) armour-piercing ammunition, which means a firearm cartridge the bullet of which has an armour-piercing hard core;

3) armour-piercing ammunition with explosive projectiles and bullets of such ammunition;

4) armour-piercing ammunition with incendiary projectiles and bullets of such ammunition;

5) pistol or revolver cartridges with a hollow-pointed bullet;

6) ammunition for particularly dangerous weapons, grenade launchers and military weapons referred to in clauses 2–4 of subsection 1 of § 83³ of this Act.

(5) The list of types of particularly dangerous weapons and ammunition is established by a regulation of the minister in charge of the policy sector.

§ 20¹. Components of firearms

(1) The components of a firearm are the barrel, frame, receiver, slide, cylinder, bolt, chamber, safety catch, adapter, magazine and other components or spare components of firearms specifically designed for a firearm and essential to its operation.

(2) Silencers, laser sights and night sights, which are firearm accessories, are also deemed components of firearms.

(3) A silencer is a device intended to silence sounds created by the discharge of a firearm, which is permitted to be attached to a firearm and used solely at a firing range and field firing range, in hunting, and in cases specified in clauses 2 and 3 of subsection 3 of § 23 of the Hunting Act. The right to own a silencer arises under a weapons permit.

(3¹) The restriction on attaching a silencer to a firearm does not apply to a gun registered for a purpose specified in clause 1 or 2 of subsection 1 of § 28 of this Act or in clause 2 or 6 of subsection 1 of § 31 of this Act on the condition that said gun is only carried in hunting or at a firing range or field firing range.

(4) A laser sight is a device intended to be installed on firearms where a laser beam is used for sighting. A laser sight may only be acquired, owned and possessed for the purposes of engaging in the corresponding sport. A laser sight is allowed to be used on a weapon of an undertaking providing armed ship protection on a ship flying the national flag of Estonia.

(5) A night sight is a device intended to be used for sighting in insufficient light and which has an image converter or electronic amplifier. A night sight is permitted to be acquired, owned, possessed and attached to a gun registered for the purpose of hunting and to be attached to a firearm solely at a firing range and field firing range and in hunting in cases permitted by the Hunting Act. The right to acquire a night sight arises under a weapons permit issued for hunting purposes which sets out a gun registered for the purpose of hunting.

(5¹) The restriction on attaching a night sight to a firearm does not apply to a gun registered for the purpose of hunting specified in clause 1 of subsection 1 of § 28 and in clause 2 of subsection 1 of § 31 of this Act on the condition that said gun is only carried at a firing range or field firing range or in hunting in cases permitted by the Hunting Act.

(5²) A legal person may acquire, own and possess firearm accessories if a weapons permit for the purpose of hunting specified in clause 2 of subsection 1 of § 31 or an activity licence for engaging in an area of activity specified in clause 1, 1¹, 2, 4 or 5 of subsection 1 of § 66 of this Act has been issued to the legal person.

(6) A magazine is a device which is part of a firearm or a detachable device which is intended for holding rounds and loading them in the chamber.

(7) A magazine with a capacity exceeding 20 rounds of a semi-automatic pistol using centre-fire cartridges and a magazine with a capacity exceeding 10 rounds of a semi-automatic gun using centre-fire cartridges (hereinafter both magazine in restricted commerce) may only be acquired, owned and possessed by a natural or legal person:

1) whose weapons permit sets out a purpose specified in clause 2¹ or 6 of subsection 1 of § 28 or clause 2¹, 3 or 7 of subsection 1 of § 31 of this Act;

2) who has been issued a collection permit under this Act;

3) who has been issued a weapons permit under the Defence League Act for a firearm into which a magazine in restricted commerce is fit for inserting;

4) who has been issued an activity licence under clauses 1, 1¹, 2, 4 or 5 of subsection 1 of § 66 or § 83³³ of this Act;

5) who is a person participating in national defence and on whose weapons permit the data concerning the weapon includes a notation on the right to acquire, own and possess a magazine in restricted commerce;

6) who provides armed ship protection on a ship flying the national flag of Estonia.

(8) A magazine intended for weapons the manufacture of which started before 1946 and not fit for inserting into a type of weapon the manufacture of which started after 1945 is not deemed to be a magazine in restricted commerce.

(9) A magazine in restricted commerce may only be inserted into a firearm and used at a firing range or field firing range and in the case of an acoustic weapon at historical re-enactments or enactments of cultural events. A magazine in restricted commerce is stored pursuant to the procedure provided in subsection 3 of § 46 of this Act. A person who meets the requirements provided in clause 3 of subsection 7 of this section may insert a magazine in restricted commerce into a firearm and use it on the conditions and pursuant to the procedure provided in the Defence League Act or in legislation passed on the basis thereof.

(10) The provisions of subsection 9 of this section are not applied to a magazine in restricted commerce of a weapon which is part of a collection of weapons and cartridges. If a magazine in restricted commerce is exhibited separately, it must be in a locked showcase or a showcase which is closed mechanically.

§ 21. Essential components of firearms

(1) The essential components of a firearm are the barrel, the frame, the receiver, including both upper and lower receivers, where applicable, the slide, the cylinder, the bolt, the breech block and the adapter, which, being separate objects, are included in the category of the firearm on which they are or are intended to be mounted.

(1¹) The essential components of a firearm are also unfinished blanks of the components specified in subsection 1 of this section and components which have been rendered inoperable in a non-conforming manner, and also other items which can, by taking advantage of their material or structure, be processed, converted or adapted into a component specified in subsection 1 of this section by using common technical means or tools.

(2) The procedure for the handling of any given type of firearm as established by this Act also applies to the handling of the essential components of such firearms unless this Act provides directly otherwise.

(3) A bolt is an essential component of a firearm which seals off the chamber and keeps the striker mechanism in respect of the chamber in a position intended for firing.

(4) An adapter is a barrel or changeable mechanism installed within the barrel of a firearm.

§ 23. Type approval of weapons and ammunition

(1) In the course of type approval of weapons and ammunition (hereinafter type approval) it is determined whether a particular model of weapon or cartridge or an essential component of a firearm is permitted to be used for civilian purposes, and the field of use is set on the basis of §§ 3 and 25 of this Act.

(2) An essential component of a firearm is type approved with the model of weapon on which the component is intended to be installed. Modifications of weapons and cartridges, and truncheons, telescopic truncheons and weapons in unrestricted commerce are not subject to type approval.

(3) A weapon is deemed to be a model of weapon if:

1) its design and shape as a whole are unique; or

2) it is the original prototype of other weapons of the same design and shape manufactured by the same manufacturer and in its name the manufacturer’s name or brand name is directly followed by at least one character distinguishing the model of weapon from other weapons of the same manufacturer.

(4) Ammunition is deemed to be a model of ammunition according to the calibre designation of the cartridge which indicates the general design of both the charge of ammunition and the cartridge case or refers to a weapon for the ammunition of which the model of ammunition was originally designed. The synonyms of calibre designations are deemed to be designations of the same model of ammunition.

(5) A firearm, gas weapon or pneumatic weapon is deemed to be a modification of the relevant weapon if:

1) the model of the weapon has been type approved;

2) the shape of the model of weapon and the modification of the weapon as well as the design and location of the mechanisms thereof are the same, except for specific changes for right-handed or left-handed use and the remaining design is identical to the model and only the calibre designation is different;

3) other design thereof is identical to the model of weapon but the dimensions are proportionally smaller;

4) other design thereof complies with the model of weapon but the barrel is longer or shorter; or

5) the differences between the model of weapon and the modification of the weapon are expressed in the finish and in the material of the gunstock or the grip or another supporting component.

(6) Cartridges are divided into modifications of cartridges on the basis of different charges of ammunition if:

1) the model of the cartridge (according to the calibre designation) has been type approved;

2) the design of its bullet is different;

3) the diameter of its shots or case-shots is different; or

4) it has other charge of ammunition.

(7) In the case of a lack of differences specified in clauses 2–4 of subsection 6 of this section, smoothbore cartridges with a cartridge case of a different length or material are deemed to be the same model and modification of cartridge.

(8) At the request of an interested party, type approval is performed upon the import of a weapon or ammunition into Estonia, upon the manufacture of a weapon or ammunition in Estonia, upon the transfer of a weapon or ammunition from another field of use, and also after the conversion of a weapon.

(9) At the request of an authority authorised to exercise supervision over the legality of the handling of weapons or to conduct criminal offence proceedings, type approval is performed where:

1) the issue, suspension or extension of permits issued on the basis of this Act is being decided;

2) the type of a weapon or ammunition must be determined or verified on the basis of Chapter 2 and §§ 3 and 25 of this Act.

(10) The type approval of a model of weapon and cartridge is performed on the basis of relevant technical documents and technical literature. The authority performing type approval has the right to demand that the person who initiated the type approval submit a specimen of the specific weapon or additional materials.

(11) The data concerning a model of weapon declared to be a civilian weapon as a result of type approval is entered in the list of type approvals in the register of service and civilian weapons as a model of civilian weapon the use of which is permitted for civilian purposes. The data concerning a modification of weapon is entered in the register of service and civilian weapons without type approval. On the basis of a registry entry, cartridges concerning which information on the manufacturer and charge of ammunition has been entered in the register of service and civilian weapons are deemed to be ammunition for a civilian weapon. Models of weapons and ammunition the use of which was permitted for civilian purposes before 31 March 2002 and their modifications are deemed to be type approved unless otherwise determined by a registry entry.

(12) The type approval of models of weapons and cartridges the use of which is prohibited for civilian purposes and their modifications is only performed for registering the collection of the corresponding weapon or cartridge.

(13) The procedure for the performance of type approval is established by a regulation of the minister in charge of the policy sector.

(14) Type approval is performed by an authority authorised by a regulation of the Government of the Republic.

§ 24. Register of service and civilian weapons and electronic processing

(1) The register of service and civilian weapons is a database founded for submitting and processing applications for permits, authorisations and a European firearms pass provided in this Act, for issuing or refusing to issue permits, authorisations and a pass, and for keeping records of holders of permits and authorisations, type approvals of weapons and ammunition, weapons and ammunition and owners and possessors thereof. The register of service and civilian weapons aims to:

1) ensure the traceability of service and civilian weapons that have been brought to Estonia as goods and that are located in Estonia on a permanent basis as well as that of their ammunition, essential components of firearms, accessories and deactivated weapons;

2) ensure the traceability of a military weapon, a weapons system, their essential component, ammunition of military weapons and munition acquired or manufactured by a holder of an activity licence provided in subsection 1 of § 83³³ of this Act;

3) ensure efficient oversight of persons applying for a permit or an authorisation under this Act, holders of a permit or an authorisation, and owners and possessors of weapons;

4) facilitate the free movement of weapons entered in the register, their essential components, accessories, ammunition and munition, and the exercise of oversight on the basis of this information;

5) facilitate the preparation of reports and analyses, and research and development activities.

(2) The following information is processed in the register of service and civilian weapons:

1) information relating to applying for and issuing a permit or an authorisation necessary for verifying compliance with the requirements provided in this Act;

2) information on holders of a permit or an authorisation and owners of a weapon, including information concerning their identity document and medical certificate;

3) information relating to weapons in restricted commerce, essential components of firearms, accessories, ammunition, combustible propellant and primers;

4) information relating to weapons in a collection of weapons and cartridges, except for weapons in a weapons collection of a museum;

5) information relating to deactivated weapons;

6) information relating to owners of deactivated weapons;

7) information relating to type approved makes and models of weapons and modifications thereof;

8) information relating to type approved models of cartridges and modifications thereof;

9) information relating to owners and possessors of service weapons, their essential components, accessories and ammunition;

10) information necessary for ensuring the traceability of circulation of a military weapon, a weapons system, their essential components, ammunition of military weapons and munition;

11) information relating to a weapon found;

12) information relating to a person who reports the finding of a weapon;

13) information relating to a weapon that has been declared as physical evidence or that has been seized.

(3) The exact composition of information entered in the register of service and civilian weapons is provided by the statutes of the register.

(4) The statutes of the register of service and civilian weapons are established by a regulation of the minister in charge of the policy sector.

(5) Information relating to a weapon is entered in the register of service and civilian weapons upon import to Estonia, completion and marking of the weapon in Estonia, finding an unregistered weapon, declaring a weapon as physical evidence or seizing a weapon, and transferring a weapon from the register of weapons of Armed Forces to the register of service and civilian weapons.

(6) Information relating to the following weapons is not entered in the register of service and civilian weapons:

1) weapons in unrestricted commerce;

3) weapons in transit;

4) cut-and-thrust weapons included in service weapons.

(7) A holder of an activity licence provided in clauses 1–2, 5 and 6 of subsection 1 of § 66 of this Act submits to the register of service and civilian weapons information that ensures the traceability of a weapon permitted for civilian purposes, an essential component of a firearm, an accessory, a magazine in restricted commerce, ammunition, combustible propellant and a primer.

(8) A holder of an activity licence provided in clauses 1 and 6 of subsection 1 of § 83³³ of this Act submits to the register of service and civilian weapons information that ensures the traceability of circulation of a military weapon, a weapons system, their essential component, ammunition of military weapons and munition.

(9) Earlier personal data of a person in the population register may also be processed for achieving the aims specified in subsection 1 of this section.

(10) The controllers of the register of service and civilian weapons are the Police and Border Guard Board and the Estonian Internal Security Service. The processor is designated in the statutes of the register.

(11) Personalised information in the register of service and civilian weapons is subject to restriction on access and is classified as information for internal use.

(11¹) The data in the weapons register of the Estonian Internal Security Service (hereinafter weapons register of the Estonian Internal Security Service), a sub-register of the register of service and civilian weapons, which as a set or individually is a state secret is classified, used and protected in accordance with the rules provided by the State Secrets and Classified Information of Foreign States Act and legislation established on the basis thereof.

(12) An authority specified in clause 1 of subsection 2 of § 3 of this Act, a holder of an activity licence specified in subsection 1 of § 66 and subsection 1 of § 83³³ of this Act, a person performing type approval, an enforcement agent, a trustee in bankruptcy and a trusted practitioner specified in the Natural Person Insolvency Act have access to the personal data in the register of service and civilian weapons in order to perform the duties assigned to them on the basis of this Act. Other persons have access to the personal data in the register in the event such a right arises from law.

(13) In addition to the provisions of subsection 12 of this section, personal data is given out with the consent of the data subject. Personal data is given out without the consent of the data subject for scientific and historical research, official statistics, or ascertaining the truth in offence or court proceedings, and to the Estonian Data Protection Inspectorate to ensure the performance of its functions, and in other cases where giving out or transmitting data in the register of service and civilian weapons is provided by law.

(14) The statutes of the register of service and civilian weapons provide for:

1) the structure and organisation of the register;

1¹) the tasks of the controllers and processors;

1²) the specifications of the weapons register of the Estonian Internal Security Service;

2) the composition of information entered in the register;

3) the providers of information to and recipients of information from the register;

4) the manner of exchange of information;

5) where necessary, other organisational issues related to the maintenance of the register.

(15) Information concerning a weapon entered in the register of service and civilian weapons, including a deactivated firearm, its owner and a permit or an authorisation issued on the basis of this Act has legal effect.

(16) An application for a permit or an authorisation and a European firearms pass issued on the basis of this Act and related documents are submitted to the Police and Border Guard Board through an electronic self-service portal to the register of service and civilian weapons. Where an application and related documents cannot be submitted through the electronic self-service portal, these are to be submitted to the Police and Border Guard Board who will enter the information in the register of service and civilian weapons.

(17) Information relating to a permit or an authorisation and a European firearms pass issued on the basis of this Act is made available to the applicant and a person engaged in an area of activity provided in clause 1, 2, 4 or 5 of subsection 1 of § 66 of this Act through the register of service and civilian weapons. A message concerning the issue of a permit or an authorisation is sent to the applicant in the electronic self-service portal of the Police and Border Guard Board, to the applicant’s email address, by a short text message to their mobile phone number or in another agreed manner.

(18) Information specified in subsection 2 of this section may be transmitted to a foreign country for the performance of an obligation arising from the European Union law or in cases and in accordance with the rules prescribed by an international convention, a treaty or a state agency’s cooperation agreement.

(19) The controller of the register of service and civilian weapons has the right to use, with the person’s consent, their contact information entered in the register in order to send the following notifications:

1) information concerning a permit or an authorisation issued to the person on the basis of this Act, for instance making the permit or authorisation available in the register of service and civilian weapons or expiry of the permit or authorisation;

2) amendments in legislation;

3) other information concerning the handling of weapons.

(20) The controller of the register of service and civilian weapons has the right to use contact information entered in the register to ask for feedback on satisfaction with a service provided to the person through the register of service and civilian weapons.

§ 25. Collections of weapons and cartridges

(1) A collection of weapons and cartridges (hereinafter collection) is an organised set of weapons, essential components of firearms, magazines in restricted commerce and cartridges which is conserved for historical, cultural, scientific, technical, educational or heritage purposes.

(2) Unless it endangers national security or public order, a collection may be founded and maintained on the basis of a collection permit issued by the Police and Border Guard Board by:

1) a natural person who is an at least 18-year-old citizen of Estonia or of another Member State of the European Union or the North Atlantic Treaty Organisation (hereinafter NATO) who holds an Estonian residence permit or who resides in Estonia on the basis of right of residence;

2) a legal person registered in Estonia whose shareholder or supervisory board or management board member or another person with dominant influence over the management of the legal person is an Estonian citizen or a citizen of another European Union or NATO Member State.

(2²) A collection permit sets out the following information:

1) the holder’s given name, surname and personal identification code or a legal person’s name and registry code;

2) the address of the place of residence or registered office of the person maintaining the collection;

3) the address of the weapons storage room;

4) the type, make, model, calibre and marking of the collectable weapon or ammunition;

5) the date of registration of the weapon in the person’s name;

6) the issuing authority;

7) the date of issue of the permit;

8) the date of expiry of the permit.

(3) All weapons and cartridges as well as essential components of firearms and magazines in restricted commerce belonging to a collectable weapon, silencers, and laser and night sights may be collected, with the exception of the following:

1) activated firearms with a rifled barrel of a calibre exceeding 12.7 mm or acoustic weapons the model of which was started to be manufactured after 1945;

2) activated firearms with a smoothbore barrel of a calibre exceeding 20 mm or acoustic weapons the model of which was started to be manufactured after 1945;

3) weapons the effect of which is based on the use of electric energy, radioactive emissions or biological factors;

4) ammunition with explosive projectiles, ammunition with incendiary projectiles, ammunition for particularly dangerous weapons, and ammunition containing neuroparalytic substances or substances which induce skin damage, general intoxication or choking;

5) munition;

6) ammunition for firearms with a rifled barrel of a calibre exceeding 12.7 mm, whose model of cartridge was started to be manufactured after 1945;

7) ammunition for firearms with a smoothbore barrel of a calibre exceeding 20 mm, whose model of cartridge was started to be manufactured after 1945;

8) brass knuckles, knuckle knives, bayonets, and also other objects specifically intended to cause bodily injuries.

(3¹) The number of collectable cartridges may not exceed 200 cartridges per one model of cartridge the manufacture of which started after 1945.

(3²) At the request of the Police and Border Guard Board, the date of manufacture of a model of weapon or cartridge which is part of a collection must be proved by the holder of the collection permit.

(4) Weapons which are part of a collection are registered in the prefecture of the residence or seat of the collector pursuant to the procedure established in § 33 of this Act. Information concerning registered weapons is entered on the collection permit.

(5) It is prohibited to carry a weapon which is part of a collection, except on the basis of a weapons permit for a weapon or a permit to carry a weapon which is part of a collection and the use of which is permitted for civilian purposes.

(6) Weapons and cartridges which are part of a collection are stored, conveyed, transferred and transported under the conditions and pursuant to the procedure established by this Act.

(6¹) If a collection comprises only cartridges or weapons, except for firearms, these are stored in a weapons safe or a weapons storage room.

(6²) The transfer of a magazine in restricted commerce which is part of a collection must take place on the conditions and pursuant to the procedure provided by this Act.

(7) Firearms which are part of a collection are stored in a weapons storage room under the conditions and pursuant to the procedure provided in § 46 of this Act.

(8) Weapons and cartridges which are part of a collection may be exhibited in a weapons storage room. Outside a weapons storage room, weapons and cartridges which are part of a collection may be exhibited on the basis of a single permit issued by the Police and Border Guard Board, which also sets out the conditions for the exhibition of the weapons and cartridges.

(9) Exhibited weapons must be located in locked showcases or showcases which are closed mechanically or they must be securely attached to the floor, a wall or another structural member of the building. Exhibited cartridges must be located in locked showcases or showcases which are closed mechanically.

(9¹) Weapons and cartridges which are part of a collection may only be used in the presence of a shooting instructor at a firing range or a field firing range on the basis of a single permit issued by the Police and Border Guard Board, which also sets out the conditions for the use of the weapons and cartridges.

§ 26. Natural person’s collection permit proceedings

(1) A natural person who wants to found or maintain a collection must submit an application to the Police and Border Guard Board. The application must set out the aim of the collection, the type of the weapons and cartridges to be collected, magazines in restricted commerce, and the conditions in which they will be stored. The documents specified in subsection 2 of § 35 of this Act must be attached to the application and a state fee must be paid.

(2) Before a permit for collecting firearms is issued, the person must pass an examination specified in subsection 6 of § 35 of this Act. A person who is applying for a permit for collecting solely cartridges or other weapons need not take a test on handling weapons in the course of the weapons examination.

(3) The Police and Border Guard Board reviews an application within two months as of the date of submission of all the required documents and payment of the state fee.

(4) The Police and Border Guard Board denies an application for a collection permit if any of the circumstances provided in subsection 1 of § 36 of this Act exist, except for those provided in clause 3 of the same subsection.

(5) The Police and Border Guard Board may deny an application for a collection permit if any of the circumstances provided in subsection 2 or 3 of § 25 or subsection 4 of § 36 of this Act exist or if the applicant endangers public order.

(6) A collection permit sets out the types of weapons and cartridges permitted to be collected and also the weapons which are part of the collection and which have been registered in the register of service and civilian weapons.

(7) A collection permit is valid for up to five years but no longer than the medical certificate issued to the person. Upon the expiry of the permit it may be extended if the person meets the requirements provided in this Act.

(8) The Police and Border Guard Board suspends a collection permit if any of the circumstances provided in subsection 2 or 3 of § 25 or clauses 1–3, 5 or 8 of subsection 1 of § 43 of this Act exist. Upon the suspension of a collection permit the provisions of subsections 1¹ and 1² of § 43 of this Act are taken into account.

(9) The suspension of a collection permit is terminated after the circumstances which served as the basis for the suspension cease to exist or upon the revocation of the permit on the bases provided in subsection 10 of this section.

(10) The Police and Border Guard Board revokes a collection permit if any of the circumstances provided in clause 1, 2, 4–7, 9 or 10 of subsection 1 of § 36 or clause 1, 3–6 or 9 of subsection 3 of § 43 of this Act exist.

(11) The Police and Border Guard Board may revoke a collection permit if any of the circumstances provided in subsection 3¹, 3² or 3³ of § 43 of this Act exist or if the holder of the permit endangers public order.

(12) Upon the suspension, expiry or revocation of a collection permit, the requirements of § 44 of this Act are applied, whereupon the weapons, cartridges and magazines in restricted commerce to be handed over to the police may be deposited in a weapons storage room of the owner of the collection which must be sealed by the police.

§ 26¹. Legal person’s collection permit proceedings

(1) A legal person who wants to found or maintain a collection must submit an application to the Police and Border Guard Board. The application must set out the aim of the collection, the type of the weapons and cartridges to be collected, magazines in restricted commerce, and the conditions in which they will be stored. The documents specified in clauses 2–4 of subsection 2 of § 37 of this Act must be annexed to the application and a state fee must be paid.

(2) The Police and Border Guard Board reviews the application within two months as of the date of submission of all the required documents and payment of the state fee.

(3) The Police and Border Guard Board denies an application for a collection permit if any of the circumstances provided in subsection 2 or 3 of § 25 or subsection 1 of § 40 of this Act exist.

(4) The Police and Border Guard Board may deny an application for a collection permit if any of the circumstances provided in subsection 1¹ of § 40 of this Act exist or if the applicant endangers public order.

(5) A collection permit sets out the types of weapons and cartridges permitted to be collected and also the weapons which are part of the collection and which have been registered in the register of service and civilian weapons.

(6) A collection permit is valid for up to five years. Upon the expiry of the permit it may be extended if the legal person meets the requirements provided in this Act.

(7) The Police and Border Guard Board suspends a collection permit if any of the circumstances specified in subsection 2 or 3 of § 25 or clauses 3–4 or 7 of subsection 1 of § 43 of this Act exist.

(8) The Police and Border Guard Board may suspend a legal person’s collection permit or revoke a collection permit in the cases provided in clauses 1–4 of subsection 1¹ of § 40 of this Act or if the holder of the permit endangers public order.

(9) The suspension of a collection permit is terminated after the circumstances which served as the basis for the suspension cease to exist or upon the revocation of the permit on the bases provided in subsection 10 of this section.

(10) The Police and Border Guard Board revokes a collection permit if any of the circumstances specified in subsection 1 of § 40 or clause 1, 3, 5, 6, 8 or 9 of subsection 3 of § 43 of this Act exist.

(11) The Police and Border Guard Board may revoke a collection permit if any of the circumstances provided in subsection 3² or 3³ of § 43 of this Act exist.

(12) Upon the suspension, expiry or revocation of a collection permit, the requirements of § 44 of this Act are applied, whereupon the weapons, cartridges and magazines in restricted commerce to be handed over to the police may be deposited in a weapons storage room of the owner of the collection which must be sealed by the police.

§ 26². Specification of validity of collection permit

A collection permit that expires during an emergency situation will remain in effect during the emergency situation and for 60 days after the end of the emergency situation regardless of the expiry of the relevant medical certificate.

§ 27. Acquisition of weapons for collection

(1) Weapons are acquired for collections on the basis of an acquisition permit provided in § 32 of this Act. An acquisition permit is issued on the basis of a collection permit. Cartridges are acquired for a collection on the basis of a collection permit.

(2) When applying for an acquisition permit an application is to be submitted to the Police and Border Guard Board which must set out the applicant’s given name, surname and personal identification code or a legal person’s registry code and the type, make, model, calibre and marking of the weapon to be acquired.

(2¹) Before the submission of an application, the applicant must pay a state fee.

(3) The procedure established by §§ 35 and 37 of this Act does not extend to the application for an acquisition permit for a weapon to be acquired for a collection.

(4) The import, export and conveyance of weapons and ammunition for a weapons collection takes place pursuant to the procedure provided in subsections 2 and 6 of § 60 and § 62⁶ of this Act. The import, export, transit and provision of services of weapons included in the list of strategic goods specified in subsection 10 of § 2 of the Strategic Goods Act (hereinafter weapons which are strategic goods) and weapons prohibited for civilian purposes and ammunition therefor takes place pursuant to the procedure established by the Strategic Goods Act.

§ 27¹. Weapons and ammunition allowed for weapons collection of museum

(1) All weapons, including military weapons and weapons prohibited for civilian purposes, ammunition as well as essential components of firearms, magazines in restricted commerce, silencers, and laser and night sights may be part of a weapons collection of a museum.

(2) The following may not be part of a weapons collection of a museum:

1) weapons the effect of which is based on the use of electric energy, radioactive emissions or biological factors;

2) ammunition with explosive projectiles, ammunition with incendiary projectiles, ammunition for particularly dangerous weapons, and ammunition containing neuroparalytic substances or substances which induce skin damage, general intoxication or choking;

3) munition.

(3) The procedure for handling a weapons collection of a museum and keeping record of weapons and ammunition which are part of the weapons collection is established by a regulation of the minister in charge of the policy sector.

§ 27². Person responsible for weapons collection of museum

(1) A museum appoints a person responsible for its weapons collection whose duty is to ensure that the weapons and ammunition of the museum are handled according to this Act and legislation passed on the basis thereof.

(2) The person responsible must be a citizen of a Member State of the European Union who is at least 21 years of age and who has passed a medical examination provided in § 35¹ of this Act and who has a valid medical certificate and who has not been punished for a criminal offence against life or health, for a criminal offence relating to firearms or ammunition or for a criminal offence committed by using a weapon or by threatening to use a weapon or for a criminal offence provided in §§ 231–239 or §§ 241, 244, 246, 251, 255, 256 or 424 of the Penal Code or pursuant to misdemeanour procedure for violating requirements provided by legislation governing the acquisition, storage, carrying, transport or use of weapons, essential components of firearms or ammunition or for the unlawful handling of small quantities of a narcotic drug or a psychotropic substance.

(3) If during an emergency situation a person is unable, due to the emergency situation, to pass a medical examination and meet the requirement of a valid medical certificate, the requirement provided in subsection 2 of this section is not applied during the emergency situation and for 60 days after the end of the emergency situation.

§ 28. Purpose of weapons permitted for natural persons

(1) A natural person may acquire, own or possess a weapon for the following purposes:

1) hunting;

2) engaging in corresponding sports;

2¹) engaging in sports that warrant the use of a firearm with a magazine in restricted commerce;

3) ensuring safety (protecting themselves and their property);

4) pursuing a profession;

5) collecting;

6) historical re-enactments or enactment of cultural events.

(2) The use of a weapon must not violate the rights of other persons or public order.

§ 29. Types of weapons permitted for Estonian citizens

(1) An Estonian citizen may acquire, own and possess the following types of weapons:

1) a person who is at least 18 years of age may acquire, own and possess a sporting firearm, a pneumatic or projectile or cut-and-thrust weapon, except for a truncheon and a telescopic truncheon, for engaging in corresponding sports, a hunting firearm for hunting, and a gas weapon and a smoothbore weapon for ensuring safety (protecting themselves and their property), and an acoustic weapon for historical re-enactments or enactment of cultural events;

2) a person of at least 21 years of age may acquire, own and possess all weapons specified in clause 1 of subsection 1 of this section for the same purposes, and a combination or rifled barrel gun, a pistol or a revolver for ensuring safety.

(1¹) If more than eight firearms acquired for the sole purpose of ensuring safety are owned, the provisions of subsection 7 of § 25 of this Act concerning collection are also applied to such weapons.

(2) A sporting firearm is a firearm intended to be used in internationally recognised sports involving shooting. A person may acquire, own and possess a sporting firearm, provided the person is a member of a shooting club engaged in the corresponding sports.

(2¹) A person may acquire, own and possess a pneumatic, cut-and-thrust or projectile weapon for engaging in corresponding sports, provided they are a member of a sports club engaged in corresponding sports or a member of a non-profit association which, according to its articles of association, is also engaged in corresponding sports.

(2²) A person may acquire, own and possess an acoustic weapon:

1) for historical re-enactments if the person is a member of a company, non-profit association or foundation which is entered in the Estonian commercial register or non-profit associations and foundations register and an activity of which according to its articles of association is historical re-enactment; or

2) for other cultural purposes if, for the purposes of the Performing Arts Institutions Act, the person is an employee of a performing arts institution or a member of a legal person which is a company, non-profit association or foundation entered in the Estonian commercial register or non-profit associations and foundations register and an activity of which according to its articles of association is organisation of events for the public where it may be necessary to use an acoustic weapon.

(3) A hunting firearm is a gun with a smoothbore barrel, a gun with a rifled barrel or a combination gun, pistol or revolver which is intended for hunting. A gun with a smoothbore or rifled barrel or a combination gun intended for hunting must be equipped with a safety catch which is easy to engage. A person may acquire, own and possess a hunting firearm, provided they hold a hunting certificate.

(4) For the purposes of attending a sports event held in Estonia or hunting in Estonia, a person may give a weapon and ammunition registered pursuant to the procedure established by this Act to the disposal of another person for up to five 24-hour periods of time, provided the other person holds a weapons permit issued for such type of hunting firearm or sporting firearm. Upon verification, it must be possible to promptly prove that the weapon and ammunition were given to the disposal of the person by the owner of the weapon. If necessary, an instrument of delivery and receipt must be prepared, setting out the following:

1) information on the weapon;

2) personal details of the owner and user of the weapon, information on the weapons permit, and contact details;

3) the time the weapon was handed over and received.

(5) The owner of the weapon and the user of the weapon must prepare and sign the instrument in two original copies, one for the owner of the weapon and the other for the user of the weapon.

§ 30. Types of weapons permitted for foreign nationals

(2) A foreign national who is a citizen of a European Union or NATO Member State and who holds an Estonian residence permit or who resides in Estonia on the basis of a right of residence may acquire, own and possess a weapon listed in subsection 1 of § 29 of this Act if they have been issued with a weapons permit in Estonia on the grounds and in accordance with the rules prescribed in this Act for a natural person.

(2¹) An Estonian weapons permit is issued to a foreign national if there is no suspicion that they may endanger the safety or security of the Republic of Estonia.

(3) A foreign national who is not specified in subsection 2 of this section and who is at least 18 years of age may acquire a weapon or ammunition for the purpose of taking the weapon or ammunition permanently out of Estonia and upon departure from Estonia take the weapon or ammunition with them on the following conditions:

1) a citizen of a Member State of the European Union on the basis of a permit provided in clause 2 of subsection 1 of § 62⁴ of this Act if they hold a prior authorisation issued by the competent authority of the state of their permanent residence;

2) a foreign national who is not a citizen of a Member State of the European Union on the basis of a special authorisation provided in § 6 of the Strategic Goods Act.

(4) A foreign national who is staying in Estonia for a sports event, exercises or hunting may acquire ammunition on the basis of a written application made by the person who or agency which invited him or her and upon the submission of a temporary weapons import permit. The quantity of ammunition acquired on any single occasion must not exceed the quantity indicated in subsection 5 of § 46 of this Act.

(5) An employee of a diplomatic or consular representation of a foreign state who is a foreign citizen may acquire, own and possess a weapon, except for a truncheon and a telescopic truncheon, pursuant to the procedure provided by this Act on the basis of a permit issued by the Police and Border Guard Board on the application of the Ministry of Foreign Affairs and on the condition that they hold a weapons permit issued by the state of their citizenship.

(6) While attending a sports event, hunting or performing historical re-enactments in Estonia, a foreign national may use a firearm and ammunition registered in the name of another person pursuant to the procedure established by this Act, provided they hold a weapons permit for such type of firearm.

§ 31. Purpose, types and quantity of weapons permitted for legal persons

(1) A legal person may acquire, own or possess weapons for the following purposes:

1) in-house security;

2) engaging in corresponding sports or in hunting;

2¹) engaging in sports that warrant the use of a firearm with a magazine in restricted commerce;

3) studying subjects related to weapons;

4) collecting;

5) providing security under the Security Activities Act;

6) sale, manufacture, storage, conversion or repair of weapons permitted by an activity licence;

7) historical re-enactments or enactment of cultural events;

8) rental at a firing range or a field firing range.

(2) The rights granted to and the obligations imposed on legal persons by this Act also apply to sole proprietors and state and local government authorities.

(3) The following weapons may be acquired and owned for providing security or for in-house security under the Security Activities Act:

1) guns with a smoothbore barrel;

2) guns with a rifled barrel;

3) pistols;

4) revolvers;

4¹) gas spray;

5) gas pistols;

6) gas revolvers;

7) truncheons;

8) telescopic truncheons.

(4) For providing security and in-house security under the Security Activities Act, the number of firearms, gas pistols and gas revolvers of security service providers and in-house security organisers may not exceed the number of security guards and security supervisors or of in-house security guards and in-house security supervisors by more than 10%, provided the number of such employees is at least ten. In the event of up to nine security guards and security supervisors or in-house security guards and in-house security supervisors, a security service provider or an in-house security organiser may additionally have one type of weapon specified in this subsection.

(4¹) For providing security and in-house security under the Security Activities Act, the number of telescopic truncheons of security service providers and in-house security organisers may not exceed the number of security guards and security supervisors or of in-house security guards and in-house security supervisors by more than three quarters.

(5) For the purposes of engaging in sports involving shooting, the number of sporting firearms, pneumatic weapons and crossbows owned or possessed must not exceed 200.

(5¹) An acoustic weapon may be acquired, owned and possessed:

1) for historical re-enactments if the relevant legal person is a company, non-profit association or foundation which is entered in the Estonian commercial register or non-profit associations and foundations register and an activity of which according to its articles of association is historical re-enactment; or

2) for other cultural purposes if, for the purposes of the Performing Arts Institutions Act, the relevant person is a performing arts institution or a legal person which is a company, non-profit association or foundation entered in the Estonian commercial register or non-profit associations and foundations register and an activity of which according to its articles of association is organisation of events for the public where it may be necessary to use an acoustic weapon.

(6) For the purposes of hunting, two hunting firearms may be owned or possessed per employee involved in hunting.

(7) For the purposes of studying subjects related to weapons, the number of guns, pistols and revolvers owned or possessed must not exceed 50.

§ 32. Acquisition permit for weapons

(1) An acquisition permit is required to acquire weapons and ammunition in restricted commerce, except in the cases provided in §§ 5 and 7 and subsection 3 of § 9 of this Act, and to engage in the manufacture of weapons, components of firearms or ammunition, the sale of weapons, components of firearms or ammunition, or the provision of services for the conversion and repair of weapons and components of firearms.

(2) An acquisition permit grants the holder thereof the right to acquire a weapon of the type set out on the permit along with its ammunition in the quantity specified in subsection 5 of § 46 of this Act.

(3) An acquisition permit is issued to a person who applies for permission to acquire a weapon by the Police and Border Guard Board.

(4) An acquisition permit is only granted for the acquisition of the type of weapon which corresponds to the purpose for which permission to acquire a weapon is applied for.

(6) An acquisition permit sets out the following information:

1) the holder’s given name, surname and personal identification code or a legal person’s name and registry code;

2) the type of weapon permitted to be acquired according to § 11 and subsection 1 of § 12 of this Act;

3) the purpose of the weapon permitted to be acquired based on clauses 1–6 of subsection 1 of § 28 or clauses 1–7 of subsection 1 of § 31 of this Act;

4) the number of weapons permitted to be acquired;

5) the issuing authority;

6) the date of issue of the permit;

7) the date of expiry of the permit.

(7) An acquisition permit is valid for three months as of its date of issue. A permit may be extended for three months if an application for extension is submitted before the expiry of the permit. Upon the expiry of an acquisition permit, a new acquisition permit must be applied for.

§ 33. Registration of weapons

(1) Where a weapon is acquired from a holder of an activity licence, information on the acquired weapon is entered on the weapons permit of the person who acquired the weapon in the register of service and civilian weapons upon making of the transaction. In order to register a weapon acquired in a foreign state and to enter its information on the weapons permit the person who acquired the weapon is required to produce the weapon to the prefecture of their residence or seat within seven working days as of the date of arrival in Estonia.

(3) If a weapon is acquired in any other manner permitted by law, a document proving the legality of the acquisition is to be presented for registration of the weapon. An acquisition permit is not required for the registration of a weapon which is succeeded to, found or in joint ownership, or of a registered firearm specified in subsection 9 of § 34 of this Act.

(4) Upon the registration of a weapon, the prefecture may require the presentation of the weapon to verify that the information entered on the acquisition permit or other document proving the legality of its acquisition corresponds to the weapon.

(4¹) If a firearm acquired under the Estonian Defence League Act is applied to be entered in the register of service and civilian weapons, the Defence League must confirm in writing the owner of the weapon as well as the fact that the weapon will be removed from the register of weapons of Armed Forces after its entry in the register of service and civilian weapons.

(4²) The police authority informs the Defence League in writing of the entry of a weapon provided in subsection 4¹ of this section in the register of service and civilian weapons.

(8) During the time a weapon is being registered, the owner or possessor of the weapon may deposit the weapon with the police or store the weapon at the residence or seat of the person pursuant to the procedure and under the conditions established by this Act.

(9) The provisions of this section do not extend to weapons acquired for the purposes specified in clause 6 of subsection 1 of § 31 of this Act.

§ 34. Weapons permit

(1) The Police and Border Guard Board issues a weapons permit on the basis of a verbal decision made by an official to a person:

1) who has submitted to the Police and Border Guard Board the documents set out in subsection 2 of § 35 of this Act;

2) concerning whom no circumstances precluding the grant of a weapons permit provided in subsections 1 and 4 of § 36 of this Act have been established;

3) who has passed the examination specified in subsection 6 of § 35 of this Act.

(1¹) A person applying for a weapons permit for an acoustic weapon for the purpose set out in clause 6 of subsection 1 of § 28 of this Act must, in addition to that provided in subsection 1 of this section, submit to the Police and Border Guard Board a statement that the person is:

1) a member of a company, non-profit association or foundation which is entered in the Estonian commercial register or non-profit associations and foundations register and an activity of which according to its articles of association is historical re-enactment; or

2) for the purposes of the Performing Arts Institutions Act, an employee of a performing arts institution or a member of a legal person which is a company, non-profit association or foundation entered in the Estonian commercial register or non-profit associations and foundations register and an activity of which according to its articles of association is organisation of events for the public where it may be necessary to use an acoustic weapon.

(1²) A person applying for a weapons permit for the purpose set out in clause 2 subsection 1 of § 28 of this Act must, in addition to that provided in subsection 1 of this section, provide proof that the person is a member of a shooting club engaged in the corresponding sports.

(1³) A person applying for a weapons permit for the purpose set out in clause 2¹ of subsection 1 of § 28 of this Act must, in addition to that provided in subsection 1 of this section, provide proof that the person is actively practising for or participating in shooting competitions recognised by a shooting sports organisation or by an internationally established and officially recognised shooting sport federation.

(1⁴) A person referred to in subsection 1³ of this section must submit to the Police and Border Guard Board a statement that:

1) over the course of two years before submitting an application the person was a member of a shooting club for at least 12 months;

2) over the course of 12 months before submitting an application the person participated on at least one occasion in a shooting competition organised by a shooting sports organisation or in a shooting competition where a shooting sports organisation was involved as an organiser;

3) according to a shooting club, a sports weapon with a magazine in restricted commerce is warranted for the shooting sport the person is engaged in.

(1⁵) In addition to that provided in subsection 1 of this section, a person participating in national defence who is applying for a weapons permit and who wants to participate in national defence with the weapon to be acquired or who wants to acquire, own and possess a magazine in restricted commerce on a weapon the purpose of which is provided in clauses 1–3 of subsection 1 of § 28 of this Act must present to the Police and Border Guard Board:

1) their Defence Forces identification or Defence League membership card;

2) a statement from the representative organisation confirming their membership of the organisation;

3) a certification from the Defence Forces concerning their appointment to a wartime position.

(2) A weapons permit held by a natural person grants the holder of the permit the right to handle the weapon entered on the weapons permit or a weapon of the same type and its ammunition as well as a silencer, a laser sight and a night sight under the conditions and in accordance with the rules provided in this Act and legislation passed on the basis thereof. A weapons permit only indicating the type of the weapon grants the holder thereof the right to acquire ammunition for a weapon taken into use on the basis of an instrument of delivery and receipt concerning the grant of use of the weapon.

(2¹) A weapons permit held by a natural person sets out the following information:

1) the holder’s given name, surname and personal identification code;

2) the type of weapon permitted for the holder of the permit based on clause 1, 2, 3, 4 or 8 of § 11 and subsection 1 of § 12 of this Act;

3) the purpose of the weapon permitted for the holder of the permit based on clauses 1–6 of subsection 1 of § 28 of this Act;

4) the type, purpose, make, model, calibre and marking of the weapon owned by the holder of the permit;

5) the place of storage of the weapon;

6) the date of registration of the weapon in the name of the person;

7) the issuing authority;

8) the date of issue of the permit;

9) the date of expiry of the permit.

(2²) A notation on participation in national defence or the right to acquire, own and possess a magazine in restricted commerce is made in the data concerning the weapon on the weapons permit of a person participating in national defence.

(3) Several weapons permits may be issued for a weapon belonging to a natural person. A weapons permit issued to a natural person who is not the owner of the weapon is called a parallel weapons permit.

(4) A parallel weapons permit is granted to one or two natural persons if the owner of the weapon has granted written authorisation for the person or persons specified to use the weapon belonging to the owner.

(4¹) In addition to the information specified in subsection 2¹ of this section, the given name, surname and personal identification code of the owner of a weapon is also entered on a parallel weapons permit.

(6) Pursuant to the procedure and on the conditions provided by this Act and legislation passed on the basis thereof, a weapons permit held by a legal person grants the holder of the permit the right to:

1) acquire corresponding ammunition, silencer, night sight and magazine in restricted commerce;

2) store and convey (transport) the weapon, silencer, night sight, ammunition and magazine in restricted commerce;

3) issue the weapon, silencer, night sight, ammunition and magazine in restricted commerce to be carried and conveyed by its employee, a member of a shooting club or a person referred to in clauses 1 and 2 of subsection 5¹ of § 31 of this Act.

(6¹) A weapons permit held by a legal person sets out the following information:

1) the legal person’s name and registry code;

2) the legal address and, where necessary, branch’s name and location;

3) the given name, surname and personal identification code of the legal person’s manager;

4) the given name, surname and personal identification code of the person responsible;

5) the type, purpose, make, model, calibre and marking of the weapon;

6) the date of registration of the weapon in the name of the person;

7) the address of the place of storage of the weapon;

8) the issuing authority;

9) the date of issue of the permit;

10) the date of expiry of the permit.

(7) A weapons permit is valid for up to five years but no longer than the term of validity of the medical certificate issued to the person. The validity of a parallel weapons permit is limited by the validity of the weapons permit held by the owner of the weapon, and a parallel weapons permit becomes invalid upon the revocation of the weapons permit held by the owner of the weapon or on the basis of a corresponding application of the owner of the weapon. In such a case the person has the right to replace the parallel weapons permit with a weapons permit within three months as of the date of expiry of the permit.

(7¹) A weapons permit and a parallel weapons permit that expire during an emergency situation will remain in effect during the emergency situation and for 60 days after the end of the emergency situation regardless of the expiry of the relevant medical certificate.

(8) A weapons permit is issued for a shorter period of time:

1) if so requested by the applicant;

2) to a person who is staying in Estonia for less than five years;

3) to a legal person whose specified term of activity is less than five years.

(8¹) The validity of a weapons permit issued to a foreign national holding a temporary residence permit or a temporary right of residence does not exceed the validity of their residence permit or right of residence. Upon the revocation of the residence permit or the termination of the right of residence, the weapons permit is revoked.

(9) A person who has been awarded a weapon registered in their own name pursuant to the procedure provided by law is granted a weapons permit for the weapon without a specified term of validity.

§ 35. Application by natural person for acquisition permit or weapons permit

(1) An application by a natural person for an acquisition permit or a weapons permit is reviewed by the Police and Border Guard Board within two months as of the date of submission of all the required documents and payment of the state fee.

(2) In order to obtain a weapons permit, an applicant is required to submit:

1) an application which sets out their given name, surname, personal identification code and contact information and the type, purpose and place of storage of the weapon sought for handling;

2) documents which prove their compliance with the requirements provided in § 29 or § 30 of this Act;

3) a medical certificate;

4) a document which proves the completion of at least a 16-hour first aid training course carried out by a health care professional who has completed a training course for first aid trainers and who holds a certificate to that effect.

(3) In addition to the documents provided in subsection 2 of this section, in order to obtain a parallel weapons permit the applicant is required to provide the given name, surname, personal identification code and contact information of the owner of the weapon and their consent for use of their weapon under a parallel weapons permit.

(4) In order to obtain an acquisition permit the applicant is required to submit an application which sets out their given name, surname, personal identification code and contact information and the purpose, make or type of the weapon sought to be acquired or information on a specific weapon. An applicant for an acquisition permit must hold a valid weapons permit.

(5) Before the submission of an application for a weapons permit, a parallel weapons permit or an acquisition permit, the applicant must pay a state fee.

(6) A weapons permit or a parallel weapons permit may be issued to a person who has passed an examination consisting of a theory test and a test on handling weapons (hereinafter collectively weapons examination). If an acquisition permit or a weapons permit for a gas weapon or an acoustic weapon is applied for, the test on handling weapons need not be taken at the weapons examination. Weapons examination results are valid for one year as of the date it was taken.

(7) The weapons examination is taken in Estonian.

(8) Before the weapons examination the person is required to pay a state fee.

(9) The requirements and procedure for the weapons examination and the procedure for the grant of an acquisition permit and a weapons permit are established by a regulation of the minister in charge of the policy sector.

(10) The requirements provided in clauses 3 and 4 of subsection 2 and in subsection 6 of this section do not apply to:

1) police officers, prison officers, officials of the Rescue Board who have acquired the profession of an explosive ordnance disposal technician, and active servicemen who have the right to carry a service weapon or weapon of Armed Forces and who meet the health requirements set for entry in police, prison, rescue or active service;

2) assistant police officers who have been granted the right to carry a firearm on the ground and in accordance with the rules provided in § 12 of the Assistant Police Officer Act and who meet the health requirements set for becoming an assistant police officer;

3) active members of the Defence League who hold a permit to carry a weapon allotted to the Defence League and a current medical certificate provided in § 35¹ of this Act;

4) persons specified in subsections 3 and 5 of § 30 of this Act.

(11) Persons specified in clauses 1–3 of subsection 10 of this section are issued with a weapons permit, a parallel weapons permit or an acquisition permit on the basis of a verbal decision made by an official if they have submitted the documents provided in clauses 1 and 2 of subsection 2 of this section, a document certifying the right to carry a weapon, and a medical certificate or a confirmation issued by an authority concerning compliance with health requirements. A document confirming compliance with health requirements must set out its term of validity.

(12) If a holder of a weapons permit wishes to acquire a weapon of the same type during the validity of their weapons permit, the holder is not required to undergo a new medical examination or retake the weapons examination. Considering the length of the firearm as well as of the barrel upon acquiring a firearm of a different type, the holder of a weapons permit is required to pass a test on handling the firearm.

(13) Before taking the test on handling firearms specified in subsection 12 of this section the person is required to pay a state fee.

(14) If an acquisition permit or a weapons permit for a weapon specified in clause 1, 2, 3 or 6 of subsection 1 of § 19 of this Act is applied for by a person who holds a weapons permit for the handling of a weapon specified in clause 5 of the same subsection, the weapons examination provided in subsection 6 of this section need not be taken during the validity of said weapons permit.

(15) If an acquisition permit or a weapons permit for a weapon specified in clause 5 of subsection 1 of § 19 of this Act is applied for by a person who holds a weapons permit for the handling of a weapon specified in clause 1, 2, 3 or 6 of the same subsection, the theory test provided in subsection 6 of this section need not be taken during the validity of said weapons permit.

§ 35¹. Medical examination of applicant for acquisition permit or weapons permit

(1) An applicant for an acquisition permit or a weapons permit must undergo a medical examination the purpose of which is to verify that they do not have any health disorders specified in clauses 1–3 of subsection 1 of § 36 of this Act.

(1¹) A medical examination must not take place any earlier than three months before applying for an acquisition permit or before applying for a weapons permit if no acquisition permit must be applied for before.

(2) Medical examinations are arranged and medical certificates are issued by family physicians with the involvement of medical specialists.

(2¹) A medical certificate is valid for up to five years.

(3) A medical examination takes place at the expense of the applicant for an acquisition permit or a weapons permit.

(4) The procedure for medical examinations of applicants for an acquisition permit or a weapons permit, the list of health disorders precluding the issue of a permit, and the requirements for the content and format of a medical certificate are established by a regulation of the Government of the Republic.

§ 35². Collection of information through surveillance activities and making enquiry to communications undertaking

(1) If in order to acquire or own a firearm an acquisition permit or a weapons permit is applied for by a foreign national who holds an Estonian residence permit or who resides in Estonia on the basis of a residence permit, the police may, with the written consent of the applicant, collect personal data concerning the applicant through surveillance activities specified in subsection 1 of § 126³ of the Code of Criminal Procedure and by an enquiry to an electronic communications undertaking for obtaining information provided in subsections 2 and 3 of § 111¹ of the Electronic Communications Act if it is necessary in order to decide on the grant of a permit.

(2) A person is notified of the activity prescribed in subsection 1 of this section conducted with respect to the person after making of a decision and they are introduced, at their request, information collected by the activity.

§ 35³. Retention of information

(1) Information entered in the register of service and civilian weapons is retained as follows:

1) information on weapons, including deactivated weapons, essential components of firearms, accessories, magazines in restricted commerce, ammunition, combustible propellant and primers – for 30 years after their destruction, dismantling, entry in the register of weapons of Armed Forces, donation to a weapons collection of the national forensic institution or a weapons collection of a museum, or after they have been permanently taken out of Estonia;

2) personal data of persons – for 30 years after the expiry of a right granted to a person on the basis of this Act.

(2) The information specified in clause 1 of subsection 1 of this section and the personal data related thereto must be available to:

1) competent authorities for the purpose of granting and revoking permits on the basis of this Act and competent authorities for the purpose of customs operations for a period of ten years as of the destruction of the firearm or essential components of firearms;

2) authorities who are competent in preventing, investigating, discovering and holding persons liable for criminal offences and in enforcing criminal punishments for a period of 30 years as of the destruction of the firearm or essential components of firearms.

(3) After the expiry of the period of time provided in clauses 1 and 2 of subsection 2 of this section the personal data is deleted, except if personal data has been sent to an authority competent in preventing, investigating, discovering and holding persons liable for criminal offences or in enforcing criminal punishments and such data is used for this particular purpose or to other authorities for a purpose provided by law.

(4) If an application is dismissed on the basis of this Act or a permit is refused to be issued, also if a found weapon is handed over to the Police and Border Guard Board and the person does not want to have it for themselves, personal data collected in administrative proceedings is retained for the duration of performance of the duty which prompted the collection thereof but for no longer than ten years after the making of a decision in such proceedings or until the settlement of a legal dispute related to a decision.

(5) If a permit has been refused to be issued in an event specified in clause 1, 2, 3, 4 or 5 of subsection 4 of § 2¹ of this Act, the retention period is extended for ten years, where necessary.

§ 36. Circumstances precluding grant of acquisition permit or weapons permit to natural person

(1) An acquisition permit or a weapons permit is not granted to a natural person:

1) who suffers from a mental or behavioural disorder caused by the use of narcotic drugs or psychotropic substances;

2) who suffers from a severe mental disorder;

3) who suffers from a physical disability which prevents him or her from adequately handling the weapon applied for by him or her;

4) who evades service in the Defence Forces;

5) whose active legal capacity is restricted and to whom, therefore, a guardian has been appointed;

6) who has been punished for a criminal offence provided in §§ 91¹, 115, 116, 117, 118, 118¹, 119, 119¹, 120, 121, 151, 183, 185, 187, 200, 251, 255, 256, 263, 414, 415, 416, 418, 4181, 418², 419, 420, 423² or 424 of the Penal Code;

6¹) who has been punished for a criminal offence committed by using a firearm, ammunition, an explosive device or an explosive substance or for a criminal offence provided in §§ 89, 90, 113, 114, 184, 231, 232, 233, 234, 234¹, 234², 235, 235¹, 235², 235³, 236, 237, 237¹, 237², 237³, 237⁴, 237⁵, 237⁶, 238, 239, 241, 244, 246, 274 or 302 of the Penal Code, regardless of whether information concerning their punishment has been deleted from the criminal records database;

7) who has been punished pursuant to misdemeanour procedure for violating requirements provided by legislation governing the acquisition, storage, carrying, transport or use of weapons, essential components of firearms or ammunition;

8) who is wanted for or suspected or accused of a criminal offence provided in clause 6 or 6¹ of this subsection;

9) who, upon applying for an acquisition permit or a weapons permit, has knowingly submitted false information which is of material importance to the decision on whether to issue a permit;

10) who lacks the conditions prescribed by this Act for the storage of weapons and ammunition;

11) who has been punished pursuant to misdemeanour procedure for driving a power-driven vehicle, off-road vehicle or a tram when exceeding maximum permitted level of alcohol in the bloodstream, or for piloting an aircraft, sailing a watercraft or driving a rail vehicle while being intoxicated by alcohol;

11¹) who has been punished pursuant to misdemeanour procedure for the unlawful handling of small quantities of a narcotic drug or a psychotropic substance;

11²) who has been punished pursuant to misdemeanour procedure for incitement of hatred or for supporting and justifying international crime;

14) who has been punished pursuant to misdemeanour procedure for discarding their conscript service obligation or obligation to appear to reserve service;

14¹) who fails to participate as a call-up selectee in the assessment of their state of health by the Defence Resources Agency, fails to enter conscript service or discards their obligation to appear to reserve service;

15) who is not performing their obligation to provide maintenance to their child.

(1¹) Clause 15 of subsection 1 of this section applies if a court order made under clause 3 of subsection 1 of § 177² and subsection 2 of § 177² of the Code of Enforcement Procedure has entered into force in respect of the person.

(1²) Clause 10 of subsection 1 of this section is not applied if the applicant for a parallel weapons permit does not store weapons in their place of storage.

(1³) Clause 14¹ of subsection 1 of this section is applied if on the basis of an application provided in subsection 5 of § 33¹ or subsection 5 of § 71¹ of the Military Service Act an administrative court has given permission to refuse the grant of an acquisition permit or a weapons permit to a person who holds an acquisition permit or a weapons permit.

(2) The prohibition provided in clauses 6, 7, 11, 11¹, 11² and 14 of subsection 1 of this section does not apply to a person if information concerning their punishment has been deleted from the criminal records database pursuant to the Criminal Records Database Act, and the prohibition provided in clause 15 of subsection 1 of this section is terminated if a court order made under subsection 1 of § 177⁵ of the Code of Enforcement Procedure has entered into force in respect of the person.

(2²) The prohibition provided in clause 14¹ of subsection 1 of this section is terminated when the circumstances of refusing the grant of an acquisition permit or a weapons permit to a person cease to exist and the Defence Resources Agency or the Defence Forces have notified the Police and Border Guard Board thereof and it does not arise otherwise from the ruling of the administrative court.

(4) In addition to the bases for refusal indicated in subsection 1 of this section, an issuer of permits may refuse to grant an acquisition permit or a weapons permit:

1) to a person if less than five years have passed since the revocation of a weapons permit previously issued to the person and if the revocation of the permit was due to the loss of the weapon or a violation of the requirements provided in legislation regulating the storage, carrying or use of weapons and ammunition;

2) to a person to whom the issue of an acquisition permit has previously been refused if less than two years have passed since the refusal and if the refusal was due to the circumstances specified in clauses 8–10 of subsection 1 of this section;

3) to a person who is not suitable to acquire or own a weapon due to their lifestyle or behaviour which jeopardises the security of themselves or other persons;

4) to a person in respect of whom there is reasonable doubt that they may endanger the national security of the Republic of Estonia;

5) to a person who has been punished for an offence committed repeatedly if information concerning their punishment has not been deleted from the criminal records database according to the Criminal Records Database Act;

6) to a person who was declared to be a suspect or an accused in criminal proceedings which were terminated on the basis of § 202, 203¹or 205 of the Code of Criminal Procedure.

(4¹) In the case provided in clause 6 of subsection 4 of this section, the grant of a permit may be refused until the performance of the obligation imposed on the person under subsection 2 of § 202 of the Code of Criminal Procedure or until the expiry of the period of time provided in subsection 5 of § 203¹ or subsection 2 of § 205 of the Code of Criminal Procedure.

(5) A decision to issue or deny an acquisition permit or a weapons permit is communicated to the applicant within ten days as of the date on which the decision is made.

§ 36¹. Application for weapons permit by foreign national

(1) A foreign national specified in subsection 2 of § 30 of this Act who wishes to obtain an Estonian weapons permit must submit the application and documents set out in subsection 2 of § 35 of this Act to the Police and Border Guard Board. The Police and Border Guard Board reviews the application within two months as of the date of receipt of all the required documents and payment of the state fee.

(3) If processing an application requires additional clarification of circumstances relevant to the proceedings, the Police and Border Guard Board may extend the time-limit for proceedings by 30 days at a time. The Police and Border Guard Board may also extend the time-limit for proceedings on a reasoned request of the person specified in subsection 1 of this section.

(4¹) A foreign national specified in subsection 2 of § 30 of this Act must submit a statement issued by a competent authority of the state of their citizenship concerning the information provided in clauses 6–8 of subsection 1 of § 36.

(4²) The document specified in subsection 4¹ of this section must be legalised or authenticated by a certificate replacing legalisation (Apostille), unless otherwise provided by an international agreement.

(5) Documents in foreign languages which are appended to an application must be submitted together with a translation into Estonian done by a sworn translator.

§ 37. Application by legal person for acquisition permit or weapons permit

(1) An application submitted by a legal person for an acquisition permit or a weapons permit is reviewed by the Police and Border Guard Board within two months as of the date of submission of all the required documents and payment of the state fee.

(2) An applicant for an acquisition permit or a weapons permit is required to submit:

1) an application which sets out the reasons as to why the weapon is needed and indicates the applicant’s given name, surname and personal identification code or a legal person’s name and registry code, and contact information and the place of storage, purpose, type and number of weapons which the applicant wishes to acquire;

1¹) a list of shareholders and supervisory board or management board members of the company applying for a weapons permit or an acquisition permit and of other persons with dominant influence over the management of the legal person which sets out a natural person’s given name and surname, citizenship, personal identification code, in the absence thereof date of birth and place of residence, and a legal person’s full name, registered office and commercial register code;

1²) a statement issued by a competent authority of the state of citizenship of a foreign company’s shareholder and supervisory board and management board member and another person with dominant influence over the management of the legal person concerning a criminal offence against international security specified in clause 5 of subsection 1 of § 40 and information provided in clauses 6 and 7 of subsection 1 of § 40 of this Act;

2) a copy of a decision made by the legal person concerning the appointment of a person responsible for weapons and ammunition and of their substitute;

3) a certificate setting out the given name, surname, personal identification code, residence, position and telephone number of the person responsible and of their substitute;

4) the articles of association (statutes) of the legal person;

6) a list setting out the given name, surname, personal identification code and residence of the persons who are to carry the weapons and who comply with the requirement established by subsection 1 of § 51 of this Act;

7) a list of security objects which sets out their addresses, contact persons and telephone numbers if the weapon is applied for providing security or in-house security under the Security Activities Act;

8) a description of the place of storage and the storage conditions of the weapons.

(2¹) If a weapons permit or an acquisition permit is applied for for providing security under the Security Services Act on a ship flying the national flag of Estonia, the applicant is required to present the name of the guarded ship, the official number of the ship, the name of the owner of the ship, the personal identification code or registry code of the owner of the ship, the name and phone number of the contact person and the name and phone number of the master of the ship instead of that set out in clause 7 of subsection 2 of this section.

(3) Before applying for an acquisition permit or a weapons permit, the applicant must pay a state fee.

§ 38. Persons responsible for weapons and ammunition of legal person

(1) A person responsible for the weapons and ammunition of a legal person (hereinafter person responsible) must ensure that the weapons and ammunition of the legal person are handled according to this Act and legislation issued on the basis thereof and that the handling complies with the conditions set out in the corresponding permit.

(2) A person responsible or a substitute therefor must be a citizen of a European Union Member State who is at least 21 years of age and who holds a valid weapons permit or a permit to carry a weapon.

§ 39. Appointment of person responsible and expiry of their authority

(1) A person responsible is appointed by a decision of a legal person. If the legal person has a structural unit within another administrative unit, a person responsible must also be appointed by a corresponding decision for weapons and ammunition in the structural unit, and the requirements provided in subsection 2 of § 38 of this Act apply to the person. A copy of the decision is to be sent to the Police and Border Guard Board within three working days.

(2) The authority of a person responsible expires upon their release from employment or it is terminated when the person no longer meets the requirements provided in subsection 2 of § 38 of this Act or they have violated the requirements of this Act or legislation passed on the basis thereof. A notification of the expiry of authority is sent to the Police and Border Guard Board within three working days.

(3) Upon the expiry of the authority of a person responsible, their substitute must be promptly appointed as an acting person responsible and an inventory of weapons and ammunition must be conducted. A new person responsible must be appointed no later than within two months as of the expiry of the authority of the former person responsible.

(4) The appointment of a person responsible does not release the management board or body substituting for the management board of a legal person from the responsibility of ensuring that weapons and ammunition related activities comply with this Act and other legislation.

§ 40. Circumstances precluding grant of acquisition permit or weapons permit to legal person

(1) An acquisition permit or a weapons permit is not granted to a legal person:

1) who, upon applying for a permit, has knowingly submitted false information which is of material importance to the decision on whether to issue a permit;

2) who lacks the conditions prescribed by this Act for the storage of weapons and ammunition;

3) who, on at least two occasions during the past three years, has violated the procedure for the storage, transport or transfer of weapons or ammunition or the procedure for the registration of weapons or the issue of weapons for carrying;

4) who has not complied with a precept issued by a supervisory body concerning compliance with the requirements of this Act and legislation issued on the basis thereof;

5) if the legal person’s shareholder or supervisory board or management board member or another person with dominant influence over the management of the legal person has been punished in Estonia for a criminal offence against the state or a criminal offence against humanity or international security, except for criminal offences provided in §§ 245, 247 and 249 of the Penal Code, regardless of whether or not the information concerning the punishment has been deleted from the criminal records database;

6) if there is reason to believe that the legal person’s shareholder or supervisory board or management board member or another person with dominant influence over the management of the legal person has committed a criminal offence against humanity or a war crime;

7) if there is information or reason to believe that the legal person’s shareholder or supervisory board or management board member or another person with dominant influence over the management of the legal person belongs to a criminal organisation or a terrorist organisation or that they have committed or may commit an act of terrorism or that they are associated with financing or supporting an act of terrorism or with money laundering;

8) if there is reason to suspect that the legal person’s shareholder or supervisory board or management board member or another person with dominant influence over the management of the legal person may endanger the security of the Republic of Estonia;

9) if the legal person’s shareholder or supervisory board or management board member or another person with dominant influence over the management of the legal person is not a citizen of a European Union or NATO Member State.

(1¹) The Police and Border Guard Board may refuse to grant an acquisition permit or a weapons permit to a legal person:

1) if the legal person’s shareholder or supervisory board or management board member or another person with dominant influence over the management of the legal person is wanted for or suspected or accused of committing fraud, an offence relating to office or money laundering or tax fraud or a criminal offence relating to explosives, pyrotechnic articles, firearms or ammunition;

2) if the legal person’s shareholder or supervisory board or management board member or another person with dominant influence over the management of the legal person is suspected or accused of or has committed a criminal offence relating to narcotics and information concerning their punishment has not been deleted from the criminal records database according to the Criminal Records Database Act;

3) if the legal person’s shareholder or supervisory board or management board member or another person with dominant influence over the management of the legal person has been punished pursuant to misdemeanour procedure for committing a misdemeanour relating to office or money laundering or tax fraud or a misdemeanour relating to explosives, pyrotechnic articles, firearms or ammunition and information concerning their punishment has not been deleted from the criminal records database according to the Criminal Records Database Act;

4) if there is reason to believe that the legal person’s shareholder or supervisory board or management board member or another person with dominant influence over the management of the legal person has had special training for landing operations or acts of diversion or sabotage or other special training that has provided knowledge and skills which can be directly applied in setting up and training illegal armed units.

(2) A decision to issue or deny an acquisition permit or a weapons permit to a legal person is communicated to the applicant within ten days as of the date on which the decision is made.

§ 40¹. Permit to carry weapon

(1) A permit to carry a weapon is a permit intended for an employee of a legal person or a performing arts institution, a member of a shooting club or a member of a company, non-profit association or foundation specified in clauses 1 and 2 of subsection 5¹ of § 31 of this Act for carrying and conveying a weapon.

(2) A legal person is to submit to the Police and Border Guard Board a reasoned application for the issue of a permit to carry a weapon to its employee, a member of a shooting club or a member of a company, non-profit association or foundation specified in clauses 1 and 2 of subsection 5¹ of § 31 of this Act who holds a current weapons permit for handling the type of weapon applied for.

(3) An application for a permit to carry a weapon must set out the name and registry code of the legal person who owns the weapon, the purpose of the weapon provided in subsection 1 of § 31 of this Act and the address of its place of storage, person’s given name, surname and personal identification code, and the type, make, model and calibre of the weapon for carrying of which a permit is applied for.

(4) The Police and Border Guard Board reviews an application within one month as of the date of submission of all the required information.

(2) A permit to carry a weapon sets out the following information:

1) the holder’s given name, surname and personal identification code;

2) the name and registry code of the legal person who owns the weapon;

3) the purpose, type, make, model and calibre of the weapon;

4) the address of the weapon’s place of storage;

5) the issuing authority;

6) the date of issue of the permit;

7) the date of expiry of the permit.

(6) A permit to carry a weapon is valid for up to five years but no longer than the term of validity of the weapons permit or medical certificate issued to the person.

(7) A permit to carry a weapon is suspended and revoked on the grounds and in accordance with the rules provided in § 43 of this Act.

(8) A permit to carry a weapon expires when the employee’s employment relationship ends, the member of a shooting club leaves the shooting club, the membership in a company, non-profit association or foundation specified in clauses 1 and 2 of subsection 5¹ of § 31 of this Act ends and when the legal person is dissolved or submits a corresponding application. In such a case the person has the right to replace the permit to carry a weapon with a weapons permit within three months as of the date of expiry of the permit.

(9) A permit to carry a weapon that expires during an emergency situation will continue to be valid during the emergency situation and for 60 days after the end of the emergency situation regardless of expiry of the relevant medical certificate.

(10) If a permit to carry a weapon expires or is suspended or revoked, the holder of the permit is required to return the weapon and ammunition to their owner on the last working day of validity of the permit or on the working day following the announcement of the decision to revoke or suspend the permit. If it is not possible to return the weapon or ammunition to the owner, they must be deposited with the Police and Border Guard Board.

§ 41. Extension of weapons permit, parallel weapons permit and permit to carry weapon

(1) When a weapons permit or a parallel weapons permit, including a suspended permit, expires, it is extended on the basis of an application by the holder of the permit. When a permit to carry a weapon expires, it is extended on the basis of an application by the legal person.

(2) In order for a weapons permit, a parallel weapon or a permit to carry a weapon to be extended, the following must be submitted to the Police and Border Guard Board:

1) an application which sets out the applicant’s given name, surname and personal identification code or the legal person’s name and registry code, contact information and the weapon’s place of storage;

2) a medical certificate;

3) documents which prove that the holder of the permit complies with the requirements provided in subsection 2 or 3 of § 29, subsection 2 or 5 of § 30 or subsection 1¹, 1², 1³, 1⁴ or 1⁵ of § 34 of this Act.

(3) In addition to the documents listed in subsection 2 of this section, in order for a parallel weapons permit to be extended the given name and surname, personal identification code and contact information of the owner of the weapon and their consent for use of their weapon under a parallel weapons permit must be provided.

(4) In addition to the documents listed in subsection 2 of this section, in order for a permit to carry a weapon to be extended the given name and surname, personal identification code and contact information of the holder of the permit must be provided.

(5) The documents and information specified in subsections 2–4 of this section must be provided to the Police and Border Guard Board at least two months before the expiry of the permit.

(6) Before the holder of a weapons permit submits an application for extending their weapons permit, parallel weapons permit or permit to carry a weapon they must pay a state fee.

(7) If a weapons permit or parallel weapons permit which only sets out the ensuring of safety (self-protection and protection of property) as the purpose of the weapon is extended, the person is required to pass the test on handling weapons specified in subsection 6 of § 35 of this Act.

(8) Before the test on handling weapons specified in subsection 6 of § 35 of this Act the person is required to pay a state fee.

(9) The requirement provided in clause 2 of subsection 2 of this section does not apply to a person specified in clauses 1–3 of subsection 10 of § 35 of this Act if they produce a document certifying their right to carry a weapon and a medical certificate or a confirmation issued by an authority concerning compliance with health requirements. A document confirming compliance with health requirements must set out its term of validity.

(10) The requirement provided in subsection 7 of this section does not apply to a person specified in clauses 1–3 of subsection 10 of § 35 of this Act if they produce a document certifying their right to carry a weapon.

(11) Before a weapons permit is extended, the holder of the weapons permit must prove the existence of the weapons indicated on their weapons permit.

(12) A weapons permit, a parallel weapons permit or a permit to carry a weapon is extended if there are no circumstances precluding the issue of a permit provided in clause 1, 2, 3, 4, 5, 6, 6¹, 7, 9, 10 or 15 of subsection 1 or clause 3, 4 or 5 of subsection 4 of § 36 or clause 1, 2, 3 or 4 of subsection 1 or clause 1, 2, 3 or 4 of subsection 1¹ of § 40, and if in the event specified in subsection 7 of this section the person has successfully passed the test on handling weapons.

(13) If a weapons permit, a parallel weapons permit or a permit to carry a weapon suspended on the basis of this Act is extended, the suspension of the permit will continue until the circumstance that serves as the basis for the suspension ceases to exist or until the passing of the time limit indicated in the decision on suspension of the permit to be extended.

§ 42. Changes in information on collection permit, weapons permit, parallel weapons permit and permit to carry weapon

(1) A holder of a collection permit, weapons permit, parallel weapons permit and permit to carry a weapon is required to inform the Police and Border Guard Board of:

1) loss, theft or destruction of the weapon;

2) changes in the location of the place of storage of the weapon;

3) a wish to change the purpose of the weapon.

(2) In the event specified in clause 1 of subsection 1 of this section the Police and Border Guard Board is to be informed promptly and in the event specified in clause 2 or 3 within seven working days.

(3) In order for information on a collection permit, a weapons permit, a parallel weapons permit or a permit to carry a weapon to be changed, the following must be submitted to the Police and Border Guard Board:

1) an application which sets out the applicant’s given name, surname and personal identification code or a legal person’s name and registry code, and contact information;

2) information specified in clauses 1 and 2 of subsection 2 of § 35 of this Act.

(4) Before submission of an application for changing information on a collection permit, a weapons permit, a parallel weapons permit or a permit to carry a weapon, a state fee must be paid.

(5) The Police and Border Guard Board changes information on a collection permit, a weapons permit, a parallel weapons permit or a permit to carry a weapon within 30 days as of the submission of an application if there are no circumstances precluding the issue of a permit provided in subsection 1, 2, 2¹, 2² or 3 of § 29, subsection 2 or 2¹ of § 30, clause 1, 2, 3, 4, 5, 6, 6¹, 7, 9, 10 or 15 of subsection 1 or clause 3, 4 or 5 of subsection 4 of § 36 or clause 1, 2, 3 or 4 of subsection 1 or clause 1, 2, 3 or 4 of subsection 1¹ of § 40 of this Act.

§ 43. Suspension and revocation of acquisition permit or weapons permit

(1) The Police and Border Guard Board suspends an acquisition permit or a weapons permit if:

1) the holder of the permit has been punished pursuant to misdemeanour procedure for driving a power-driven vehicle, off-road vehicle or a tram when exceeding maximum permitted level of alcohol in the bloodstream, or for piloting an aircraft, sailing a watercraft or driving a rail vehicle while being intoxicated by alcohol;

1¹) the holder of the permit has been punished pursuant to misdemeanour procedure for the unlawful handling of small quantities of a narcotic drug or a psychotropic substance;

2) the holder of the permit is wanted for or suspected or accused of a criminal offence provided in clause 6 or 6¹ of subsection 1 of § 36 of this Act;

21) there is reasonable doubt that the holder of the permit may jeopardise the security of themselves or other persons by their lifestyle or behaviour;

3) it is established in the course of an inspection that the holder of the permit lacks the conditions prescribed by this Act for the storage of weapons and ammunition;

4) the legal person has failed, without good reason, to comply with a precept issued by a supervisory body concerning compliance with the requirements of this Act and legislation issued on the basis thereof;

5) the handling or use of the weapon by the person has caused the death of a person or damage to the health of a person or proprietary damage to a person;

7) if there is another circumstance specified in clauses 5–9 of subsection 1 of § 40 of this Act in respect of the legal person’s shareholder or supervisory board or management board member or another person with dominant influence over the management of the legal person;

8) the holder of the permit fails to participate as a call-up selectee in the assessment of their state of health by the Defence Resources Agency, fails to enter conscript service or discards their obligation to appear to reserve service;

9) the holder of the permit does not meet the requirements provided in subsections 2–3 of § 29 or clause 2, 2¹ or 7 of subsection 1 of § 31 of this Act.

(1¹) In the case specified in clauses 1 and 1¹ of subsection 1 of this section, the acquisition permit or weapons permit is suspended for a period of six months to one year.

(1²) In the cases specified in clause 5 of subsection 1 of this section, the weapons permit is suspended until the person has passed a new medical examination and a medical certificate has been issued to him or her.

(1³) The Police and Border Guard Board may suspend an acquisition permit or weapons permit if criminal proceedings against the holder of the permit have been terminated on the basis of § 202, 203¹ or 205 of the Code of Criminal Procedure. The permit may be suspended until the performance of the obligation imposed on the person under subsection 2 of § 202 of the Code of Criminal Procedure or until the expiry of the period of time provided in subsection 5 of § 203¹ or subsection 2 of § 205 of the Code of Criminal Procedure.

(1⁴) A person’s weapons permit is suspended if a court order made under clause 3 of subsection 1 of § 177² of the Code of Enforcement Procedure has entered into force in respect of the person.

(1⁵) In the cases provided in clauses 1–4 of subsection 11 of § 40 of this Act the Police and Border Guard Board may suspend the acquisition permit or a weapons permit of a legal person.

(1⁶) In cases specified in clause 8 of subsection 1 of this section, an acquisition permit or a weapons permit is suspended if on the basis of an application provided in subsection 5 of § 33¹ or subsection 5 of § 71¹ of the Military Service Act an administrative court has given permission to suspend the acquisition permit or weapons permit.

(2) The suspension of an acquisition permit or a weapons permit is terminated after the circumstances which served as the basis for the suspension cease to exist or upon the revocation of the permit pursuant to the procedure provided in subsection 3 of this section.

(2¹) The suspension of a weapons permit provided in clause 3 of subsection 1 of § 177² of the Code of Enforcement Procedure is terminated if a court order made under subsection 1 of § 177⁵ of the Code of Enforcement Procedure has entered into force in respect of the person.

(2²) The Police and Border Guard Board terminates the suspension of an acquisition permit or weapons permit specified in subsection 1⁶ of this section when the grounds for suspension cease to exist and the Defence Resources Agency or the Defence Forces have notified the Police and Border Guard Board thereof and it does not arise otherwise from the ruling of the administrative court.

(3) The Police and Border Guard Board revokes an acquisition permit or a weapons permit if:

1) so requested by the holder of the permit or the owner of the weapon;

2) the holder of the permit no longer meets the requirements established by this Act, or a circumstance specified in clauses 1–7, 9 or 10 of subsection 1 of § 36 or subsection 1 of § 40 of this Act arises;

4) the holder of the permit dies or is declared missing;

8) the legal person is dissolved or the agency is liquidated;

9) the owner or possessor of the weapon has, on at least two occasions within the past three years, violated the requirements of this Act or legislation issued on the basis thereof or has failed to comply with the requirements of a precept issued to the owner or possessor.

9¹) a person whose weapons permit does not set out a purpose specified in clause 2¹, 5 or 6 of subsection 1 of § 28 of this Act has in their possession a magazine in restricted commerce;

9²) a person to whom a weapons permit has been issued under clause 2 of subsection 1 of § 28 of this Act no longer meets the condition provided in subsection 1² of § 34 of this Act;

9³) a person to whom a weapons permit has been issued under clause 2¹ of subsection 1 of § 28 of this Act no longer meets the conditions provided in subsection 1² or 1³ of § 34 of this Act;

9⁴) a person participating in national defence on whose weapons permit the data concerning the weapon does not include a notation on the right to acquire, own and possess a magazine in restricted commerce has in their possession a magazine in restricted commerce;

9⁵) a person participating in national defence on whose weapons permit the data concerning the weapon includes a notation on the right to acquire, own and possess a magazine in restricted commerce no longer meets the conditions provided in subsection 1⁵ of § 34 of this Act.

(3¹) The Police and Border Guard Board may revoke an acquisition permit or a weapons permit if the holder of the permit is unsuitable for acquiring or owning a weapon of such type due to a lifestyle or behaviour jeopardising the security of themselves of other persons.

(3²) The Police and Border Guard Board may revoke an acquisition permit or a weapons permit if there is reasonable doubt that the holder of the permit may endanger the national security of the Republic of Estonia.

(3³) The Police and Border Guard Board may revoke an acquisition permit or a weapons permit if the holder of the permit has been punished for an offence committed repeatedly if information concerning their punishment has not been deleted from the criminal records database according to the Criminal Records Database Act.

(4) A parallel weapons permit is revoked or suspended upon the revocation or suspension of the corresponding weapons permit. A parallel weapons permit may also be revoked on the basis of an application by the owner of the weapon.

(5) The suspension, termination of suspension or revocation of an acquisition permit or a weapons permit are formalised by a decision of the Police and Border Guard Board. The decision also sets out the basis for the suspension, termination of suspension or revocation with a reference to a corresponding provision of law. A copy of the decision is promptly sent to the holder of the permit.

(6) Subsection 5 of this section is not be applied to the suspension of a weapons permit and an acquisition permit under § 177² (1) 3) of the Code of Enforcement Procedure or to the termination of suspension of a weapons permit and an acquisition permit under subsection 1 of § 177⁵ of the Code of Enforcement Procedure.

§ 44. Consequences of expiry, suspension or revocation of acquisition permit or weapons permit

(1) In the event an acquisition permit or a weapons permit expires or is suspended or revoked, the holder of the permit or the owner or possessor of the weapon or another person who is in possession of the weapon and its ammunition is required to hand them over to the Police and Border Guard Board no later than on the last working day on which the permit is valid or on the working day following the announcement of the decision on revocation or suspension of the permit. A weapon and ammunition of a legal person may be deposited in the weapons storage room of the legal person which has been sealed by the police.

(2) Upon the expiry, suspension or revocation of a parallel weapons permit, the holder of the parallel weapons permit must return the weapon and ammunition to the owner thereof within the period of time provided in subsection 1 of this section. If it is not possible to return the weapon and ammunition to the owner thereof, they are deposited with the police.

(3) A weapon and ammunition may be handed over at their location or at the police. A weapon and ammunition must be handed over at their location if they are handed over by a person who, pursuant to this Act, was not their owner or possessor before the revocation of the acquisition permit or weapons permit and who has informed the police of a weapon or ammunition in their possession.

(4) The handing over and receipt of a weapon and ammunition are formalised by an instrument which sets out the given name and surname of the persons handing over and receiving the weapon and ammunition, the date and place of handover, the reason for the handover, information on the type, make, model and marking of the weapon being handed over and a description of the completeness and condition of the weapon being handed over. As to ammunition being handed over, its calibre and quantity is to be set out in the instrument. The instrument is prepared in two original copies and signed by the person who hands over the weapon or ammunition and by a representative of the Police and Border Guard Board. One original copy is retained by the Police and Border Guard Board and the other by the person who hands over the weapon or ammunition.

(5) The police are required to ensure that the received weapon and ammunition are kept in the same condition as recorded in the instrument of delivery and receipt.

(6) In the case an acquisition permit or a weapons permit expires or is revoked, the owner or possessor of the weapon or ammunition has the obligation to transfer the weapon and ammunition within three months as of the date of handover to a person specified in clauses 1 and 3 of subsection 2 of § 63 of this Act or commence transfer on the basis of clause 2 of subsection 2 of § 63 of this Act in accordance with the rules and under the conditions provided by this Act, except for weapons and ammunition seized and handed over on the basis of a court judgement.

(6¹) In the case an acquisition permit or a weapons permit is suspended, the owner or possessor of the weapon or ammunition has the right to transfer the weapon and ammunition throughout the suspension in accordance with the rules and under the conditions provided by this Act. After the basis for the suspension ceases to exist, the police are required to promptly return the weapon and ammunition taken into storage to the owner or possessor thereof.

(7) If a complaint is filed with a court or a challenge is filed with the Police and Border Guard Board against a decision to revoke or suspend an acquisition permit or a weapons permit and the court or the Police and Border Guard Board has declared the revocation or suspension of the permit to be in conflict with the law, the Police and Border Guard Board is required to restore the validity of the acquisition permit or weapons permit and make an entry to that effect in the register of service and civilian weapons. If the decision to revoke an acquisition permit or a weapons permit remains in force, the owner or possessor of the weapon or ammunition has the obligation to transfer the weapon or ammunition in accordance with the rules established by subsection 6 of this section after the date on which the decision enters into force.

(8) If the owner or possessor of a weapon or ammunition which is subject to transfer has not transferred the weapon or ammunition under the conditions provided by subsection 6 of this section, the weapon or ammunition which have been deposited are subject to expropriation.

(9) A weapon or ammunition which is handed over in an inoperable condition is destroyed pursuant to the procedure provided in § 83 of this Act.

(10) The handling of magazines in restricted commerce is subject to the same procedure as established in this section for the handling of weapons.

§ 45. General requirements for storage of weapons and ammunition

(1) Weapons and ammunition may be stored by a person who holds a weapons permit or an activity licence for the manufacture, sale, repair, conversion or storage of weapons and ammunition as a service.

(2) Weapons and ammunition must be stored in a place of storage in conditions which ensure their preservation and that they do not pose a danger to the surroundings and which preclude access by unauthorised persons.

(3) Firearms may only be stored in an unloaded state.

(4) Weapons and ammunition must be stored in the conditions provided in § 46 of this Act or deposited for temporary storage with a person who holds:

1) a weapons permit, or

2) an activity licence for the storage of weapons and ammunition as a service.

(5) The temporary deposit of weapons and ammunition with a person who holds a weapons permit is formalised by an instrument of delivery and receipt prepared in two original copies one of which is retained by the depositor and the other by the depositary. A weapon may be deposited on a temporary basis with a person who holds a weapons permit for up to one 24-hour period of time under the conditions provided in subsections 3, 4 and 7 of § 46 of this Act.

(6) The temporary deposit of weapons and ammunition with a person who holds an activity licence is formalised by an instrument of delivery and receipt prepared in two original copies one of which is retained by the depositor and the other by the depositary.

(7) The instrument of delivery and receipt specified in subsections 5 and 6 of this Act must include the following:

1) information concerning the deposited weapon and the weapons permit as well as the quantity of ammunition;

2) the personal details and contact information of the depositor and the depositary;

3) the date of the delivery and receipt.

(8) The requirement provided in subsection 6 of this section is not applied to the issue, for a short period of time, of a weapon and ammunition taken for storage as a service or to the return thereof, and in the case a weapon and ammunition are taken into storage for a short period of time as a service. The issue, for a short period of time, of a weapon and ammunition deposited with another person as a service is deemed to be the issue of the weapon and ammunition by the person who took them into storage to the person who deposited them for up to five 24-hour periods of time.

(9) The procedure for taking weapons and ammunition into storage for a short period of time as a service, for the issue thereof for a short period of time and for the return thereof is established by a regulation of the minister in charge of the policy sector.

§ 46. Storage of weapons and ammunition of natural and legal persons

(1) A natural person must store a weapon in a place of storage at their place of residence or in a place of storage at an address specified by the person and approved by the Police and Border Guard Board. In addition, a weapon may be stored in up to two temporary places of storage at different addresses approved by the Police and Border Guard Board.

(1¹) A natural person who has been issued with a parallel weapons permit may store a weapon in a place of storage provided in subsection 1 of this section or, with the consent of the owner of the weapon, in the place of storage of the latter’s weapon.

(2) A legal person must store a weapon in a place of storage determined by the legal person.

(3) Firearms must be stored in a place of storage which is a cabinet adapted for such a purpose and permanently attached to the floor, a wall or another structural member of the building (hereinafter weapons safe).

(4) For the storage of more than eight firearms there must be a place of storage which is a specially adapted room (hereinafter weapons storage room), or a weapons safe for the storage of nine or more firearms.

(5) A natural person is permitted to store ammunition in the following quantities:

1) up to 200 cartridges for firearms owned or possessed by the person for the purpose of ensuring safety;

2) up to 100 gas weapon cartridges;

3) up to 300 cartridges per hunting firearm with a rifled barrel;

4) up to 300 cartridges per hunting firearm with a smoothbore barrel;

5) up to 5000 cartridges for sporting firearms owned or possessed by the person;

6) up to 1 kilogram of propellant per firearm, but no more than 5 kilograms in total;

7) up to 5000 primers.

(5¹) If a firearm with several purposes is registered in a person’s name, a natural person may store ammunition in a quantity that does not exceed the quantity of ammunition with the purpose with the greatest quantity allowed.

(5²) If a firearm with several purposes is registered in a natural person’s name and they own or possess a weapon of an active member of the Defence League entered in the register of weapons of Armed Forces, the natural person may store ammunition in a quantity specified in subsection 5 of this section for weapons entered in the register of service and civilian weapons and in the quantity specified in subsection 7 of § 46 of the Estonian Defence League Act for weapons entered in the register of weapons of Armed Forces, but no more than a total of 10,000 cartridges.

(6) Cartridges, propellant and primers must be stored in a weapons safe in a separately lockable compartment or in a weapons storage room.

(7) Other weapons must be stored in a place of storage located in a weapons safe or in a lockable drawer or chest.

(8) A weapons safe or a lockable drawer or chest is not required in the case of one weapon and ammunition therefor. In that case the weapon and ammunition must be stored in a place of storage which is difficult for other parties to discover and access. One firearm with a magazine in restricted commerce and its ammunition must be stored pursuant to the procedure provided in subsections 3–6 of this section.

(8¹) An acoustic weapon must be stored in a place of storage which is difficult for other parties to discover and access. More than one acoustic weapon and at least one acoustic weapon with a magazine in restricted commerce must be stored in a weapons safe.

(9) The Police and Border Guard Board inspects the compliance with the requirements for the storage of weapons and ammunition of legal persons at least twice a year. The results of such an inspection are expressed in an instrument prepared in two original copies, one of which is issued to the person subject to inspection and the other is included in the weapons register book.

(10) The requirements for weapons storage rooms, weapons safes and the storage of propellant and primers as well as other requirements for storage are established by a regulation of the minister in charge of the policy sector.

§ 48. Storage of weapons and ammunition during sports events and training

(1) Weapons and ammunition brought to a sports event or to training must be stored in the weapons storage room of the firing range, if there is a weapons storage room. The owner or possessor of the firing range is responsible for weapons and ammunition stored in the weapons storage room of the firing range.

(2) During a sports event or training, the organiser of the event must ensure that it is possible to use a storage room to store weapons and ammunition. If no weapons storage room exists, the possessor of a weapon must ensure the storage and guarding of the weapon during the sports event or training.

(3) A person who goes shooting must only take such weapons and such quantity of ammunition from a weapons storage room as they need for this occasion.

(4) The existence of a weapons storage room is not mandatory at a field firing range. The possessor of a weapon is liable for the storage of the weapon and ammunition at a field firing range.

§ 49. Carrying of weapons

The carrying of a weapon is defined in this Act as the carrying of a weapon on one’s person outside a place of storage.

§ 50. General procedure for carrying weapons and ammunition

(1) Weapons and ammunition may be carried by a person who holds a corresponding weapons permit or permit to carry a weapon. A person carrying a weapon and ammunition must carry their identity document.

(1¹) The requirement for a weapons permit or a permit to carry a weapon as provided in subsection 1 of this section does not apply to a security officer or an in-house security guard who carries a telescopic truncheon or a truncheon in the performance of duties.

(2) Weapons and ammunition must be carried in a public place in a concealed manner which precludes them being lost, falling into the hands of other persons or causing accidental damage. The chamber of a carried firearm, except for the chamber of a revolver, must be empty of cartridges.

(2¹) A security officer and an in-house security guard wearing a uniform may carry a weapon in a visible manner in the performance of duties in a public place.

(3) It is prohibited to carry weapons or ammunition:

1) in a state of intoxication;

2) at meetings, demonstrations, pickets, festivities and other public events, except for persons performing their functions or duties at such public events.

(4) A minister may, by a directive, restrict the carrying of weapons in the ministry, in government authorities within the area of government of the ministry, in state authorities administered by the ministry and at facilities in the possession of such government authorities or state authorities.

(6) The carrying of hunting firearms and sporting bows, used as hunting bows for the purposes of subsection 1 of § 27 of the Hunting Act, while hunting is regulated by the Hunting Act and legislation issued on the basis thereof.

(7) An acoustic weapon may only be carried in historical re-enactments or other public cultural events. Both going to and coming from a re-enactment or an event, an acoustic weapon must be conveyed according to § 55 of this Act.

§ 51. Carrying of weapons registered in name of legal person

(1) A legal person may give a weapon registered in its name to an employee to carry if the employee holds a permit to carry a weapon. A shooting club may give a weapon registered in its name to its member to carry if the member holds a permit to carry a weapon.

(2) An employee is given a weapon to carry for the performance of their functions or duties, and a member of a shooting club is given a weapon to carry for engaging in the corresponding sports on the basis of a decision made by the corresponding legal person.

(3) Generally, an employee is issued with a weapon to perform their functions or duties for the duration of a working day or a shift, except in the cases where the need to carry a weapon for a longer period of time arises from the nature of the employee’s occupational commitments. A list of positions in which the performance of such duties is required is established by a decision of the legal person which has been approved beforehand by the Police and Border Guard Board.

(4) A person with the right to carry a weapon is prohibited from:

1) carrying a weapon outside working time or when not engaging in sports unless such authorisation is formalised by a decision of the legal person;

2) giving a weapon to an unauthorised person.

(5) If a weapon carried by an employee or a member of a shooting club is lost or destroyed or leaves the possession of the employee or member of a shooting club in any other manner, the employee or member of a shooting club is required to promptly inform the police and the person or authority who issued the weapon.

§ 52. Issue of weapon registered in name of legal person to employee and return thereof

(1) Before issuing a weapon or ammunition, a person who issues weapons and ammunition is required to verify that the person to whom the weapon or ammunition is to be issued holds a permit to carry a weapon.

(1¹) A person who issues weapons and ammunition must meet the requirements and conditions established for a person responsible specified in § 38 of this Act.

(3) Record over the issue of a weapon and ammunition is kept in the register of service and civilian weapons in a manner that allows checking, at any given time, to whom and when the weapon or ammunition was issued. For keeping record, at least the following information is entered in the register:

1) the date and time of the issue and return of a weapon;

2) the type, make, model, calibre and marking of the weapon;

3) the number of cartridges;

4) the given name, surname and position of the employee to whom the weapon is given;

5) the given name, surname and position of the employee who issues the weapon.

(4) The employee is required to return the weapon and ammunition after the performance of their duties or functions. The person who receives the weapon and ammunition must make a notation to that effect in the register of service and civilian weapons.

(5) If an employee carries a personal firearm, it must be deposited in a weapons storage room or weapons safe of the legal person for the time that the employee carries the weapon of the legal person. A notation concerning the deposit and return of a personal firearm must be entered in the register of service and civilian weapons.

(6) The information specified in subsection 3 of this section must be retained for five years as of the making of the entry.

§ 52¹. Issue of weapon registered in name of shooting club and return thereof

(1) A shooting club issues a weapon registered in its name to a person for the purposes of engaging in shooting sports.

(2) The procedure and conditions provided in subsections 1–4 and 6 of § 52 of this Act are applied to the issue and return of weapons registered in the name of a shooting club.

§ 54. Conveyance of weapons and ammunition

(1) For the purposes of this Act, the conveyance of weapons and ammunition means the carrying of weapons and ammunition on one’s person if it is necessary to transport the weapons and ammunition from one location to another without the aim of using the weapon in the meantime, regardless of the fact of whether this involves the use of a vehicle or not.

(2) The conveyance of weapons and ammunition registered in the name of a legal person which are not issued for carrying to employees thereof and where conveyance involves the use of a means of transport is deemed to be internal transport of weapons.

(3) It is prohibited to send weapons or ammunition by post.

§ 55. Conveyance of weapons and ammunition by natural person

(1) A natural person who holds an acquisition permit or a weapons permit or a permit specified in § 80 of this Act has the right to convey weapons and ammunition.

(2) A weapon which is conveyed must be unloaded and disassembled or packed in a manner which precludes the immediate use of the weapon.

(3) The requirements provided in subsections 1–3 of § 50 of this Act must be adhered to upon the conveyance of weapons and ammunition.

§ 56. Definition of transport of weapons

(1) Transport of weapons is defined in this Act as the internal and international carriage of weapons and ammunition by air, rail, water or road.

(2) Internal transport of weapons is defined as the transport of weapons and ammunition within Estonia.

(3) Internal transport of weapons is conducted pursuant to the Road Transport Act, the Aviation Act, the Merchant Shipping Code and the Railways Act and legislation issued on the basis thereof.

(4) International transport of weapons is defined as the transport of weapons and ammunition which involves the crossing of the state border.

(5) International transport of weapons is conducted pursuant to the international transport regulations which are in force concerning the corresponding mode of transport.

§ 57. Additional requirements upon internal transport of weapons

(1) Natural persons and legal persons who hold a weapons permit, an acquisition permit or an activity licence for the manufacture or sale of weapons may engage in internal transport of weapons.

(2) The owner or possessor of weapons and ammunition must ensure the guarding and security of the weapons and ammunition upon transport.

(3) Weapons and ammunition must be transported in the original packaging provided by the manufacturer or packaged in a manner which precludes their immediate use.

(4) It is permitted to transport up to 20 firearms or 10,000 cartridges in a concealed manner by passenger car, but a lorry with a closed cargo space must be used to transport larger consignments of weapons and cartridges. The doors of the cargo space must be securely closed and locked.

(5) At least one armed person must escort a consignment of up to 20 firearms or 10,000 cartridges and at least two armed persons must escort a consignment of more than 20 firearms or more than 10,000 cartridges. The armed escort may stay in the cabin of the lorry in which the weapons are being carried or in a car accompanying the car in which the weapons are being carried.

(6) The provisions of subsections 4 and 5 of this section do not apply to the transport of sporting firearms registered in the name of a legal person or to ammunition therefor to a firing range in connection with participation in training or a sports event. In this case, a person must be appointed from among the persons who accompany the transported weapons to be responsible for the transport of the weapons and this person must be armed.

§ 58. Taking of weapons and ammunition therefor on board aircraft

The procedure for taking weapons and ammunition therefor into passenger cabins of aircraft used for commercial purposes is established by a regulation of the minister in charge of the policy sector.

§ 59. Definition of import, export and temporary export of weapons, essential components thereof and ammunition, and requirement for special permit

(1) The carriage of weapons, essential components thereof and ammunition from a country outside the European Union to Estonia is defined in this Act as the import thereof, and the carriage of weapons, essential components thereof and ammunition from Estonia to a country outside the European Union is defined as the export thereof.

(2) The temporary export of weapons, essential components thereof and ammunition is defined in this Act as temporary export provided in Article 2 (11) of Regulation (EU) no 258/2012 of the European Parliament and of the Council implementing Article 10 of the United Nations’ Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition (OJ L 94, 30.03.2012, pp. 1–15), within a period not exceeding 24 months.

(3) The import, export and temporary export of weapons, essential components and parts thereof and ammunition takes place pursuant to the procedure established by this Act, the Customs Act, the Strategic Goods Act and the Intra-Community Transport, Export and Import of Cultural Objects Act and legislation issued on the basis thereof.

(4) Pursuant to this Act, civilian weapons, essential components thereof and ammunition may be imported and temporarily exported only on the basis of a special permit. A special permit is issued to the applicant by the Police and Border Guard Board, except in the case provided in subsection 2 of § 59² of this Act.

(5) A list of weapons, essential components of firearms and ammunition imported to Estonia and temporarily exported from Estonia on the basis of a special permit, and the standard format for the special permit are established by a regulation of the minister in charge of the policy sector.

(6) The import of weapons which are strategic goods, their ammunition and weapons prohibited for civilian purposes and the export and transit of civilian weapons, weapons which are strategic goods and weapons prohibited for civilian purposes, their parts, essential components and ammunition and the provision of relevant services, also the import and export of weapons, their parts, essential components and ammunition intended for a military end user or military end use take place pursuant to the procedure provided by the Strategic Goods Act, except in the cases provided in subsections 4–7 of § 60 of this Act.

(7) The Police and Border Guard Board sends a notification concerning the temporary export of a weapon to the competent authority of the destination country within three working days.

(8) The Police and Border Guard Board must be promptly notified when a special permit is lost, stolen or destroyed or when it becomes unfit for use.

§ 59¹. Quantities permitted for temporary export of weapons and ammunition

In the temporary export of weapons and ammunition, the quantities set out in Article 9 of Regulation (EU) no 258/2012 of the European Parliament and of the Council implementing Article 10 of the United Nations’ Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition, must be taken into account.

§ 59². Prohibition on import of weapons, essential components thereof and ammunition therefor

(1) The import of weapons, essential components thereof or ammunition therefor is prohibited if the prohibition is imposed by a legal instrument which establishes an international sanction or a sanction of the Government of the Republic.

(2) If a legal instrument which establishes or implements an international sanction or a sanction of the Government of the Republic permits the import of weapons, essential components thereof or ammunition therefor only if the competent authority has issued a relevant authorisation, an application for a permit is submitted to the Strategic Goods Commission who decides the grant of the permit for the import of weapons, essential components thereof or ammunition therefor pursuant to the procedure provided in the Strategic Goods Act.

§ 60. Import and temporary export of weapons, essential components thereof and ammunition

(1) Weapons, essential components thereof and ammunition may be imported on the basis of a special permit specified in subsection 4 of § 59 of this Act for the manufacture of weapons, components of firearms or ammunition, the sale of weapons, components of firearms or ammunition, or the provision of services for the conversion and repair of weapons and components of firearms.

(2) A natural or legal person may import a weapon, essential component thereof or ammunition to Estonia for the person’s own purpose if the person holds an acquisition permit for the weapon or essential component thereof and a special permit specified in subsection 4 of § 59 of this Act.

(3) It is only permitted to import such weapons, essential components thereof and ammunition the type approved model of which, which has been declared a civilian weapon, or a modification of which has been entered in the register of service and civilian weapons.

(4) A natural or legal person may export from Estonia and import to Estonia a weapon registered in the name of the person, its essential component and ammunition only in the following cases:

1) engagement in shooting sports;

2) engagement in hunting;

3) historical re-enactments;

4) participation in a display for exhibition or demonstration purposes;

5) repair of the weapon by a service provider.

(5) In the cases specified in subsection 4 of this section the person must hold a special permit specified in subsection 4 of § 59 of this Act. The weapon and its essential component must be exported from Estonia or imported to Estonia by the end of the time limit specified on the permit.

(5¹) A person participating in national defence on whose weapons permit the data concerning the weapon includes a notation on the right to acquire, own and possess a magazine in restricted commerce may export from Estonia or import to Estonia a magazine in restricted commerce on the basis of a special permit specified in subsection 4 of § 59 of this Act.

(6) A natural or legal person may temporarily export from Estonia weapons registered in the name of the person or weapons acquired on the basis of an acquisition permit provided in subsection 3 of § 30 of this Act which are not weapons which are strategic goods or weapons prohibited for civilian purposes as well as their essential components and ammunition if the person holds a special permit specified in subsection 4 of § 59 of this Act. The Strategic Goods Commission may be consulted with upon the issue of the special permit.

(7) An employee of a diplomatic or consular representation who is a foreign citizen, and a foreign citizen belonging to a foreign official delegation or to a delegation having equal status therewith according to the diplomatic practice and a person accompanying such a person may import a weapon registered in the country of their nationality and essential components thereof and ammunition belonging to the weapon into Estonia and export them from Estonia on the basis of a special permit specified in subsection 4 of § 59 of this Act granted on the application of the Ministry of Foreign Affairs.

§ 60¹. Applying for special permit

(1) For obtaining a special permit, an application with additional documents must be submitted to the Police and Border Guard Board on paper or electronically. The application must be signed personally by an applicant who is a natural person or by a legal representative of an applicant who is a legal person.

(2) The application must set out the following information:

1) the applicant’s name, contact details, natural person’s personal identification code or date of birth or legal person’s registry code;

2) the type, make, model and calibre of the weapon, essential component of a firearm and ammunition, in case of temporary import or export of a registered weapon the weapon number and the name of the owner of the weapon, and in case of temporary import or export of a weapon the weapon number;

3) the quantity of the weapon, essential component of a firearm and ammunition;

4) the country from and to where the weapon, essential component of a firearm and ammunition are transported;

5) information concerning the supplier;

6) information concerning the recipient of the weapon, essential component of a firearm and ammunition, if known;

7) information concerning the end user and end use of the weapon, essential component of a firearm and ammunition, if known;

8) information concerning the person responsible for transport;

9) the desired term of validity of the special permit.

(2¹) Before applying for a special permit, the applicant must pay a state fee.

(3) In the case of temporary export of the weapon, essential component of a firearm and ammunition, a copy of the import permit issued by the competent authority of the country of the end user of the weapon, essential component of a firearm and ammunition must be attached to the application.

§ 60². Refusal to grant special permit

(1) The Police and Border Guard Board refuses to grant a special permit if:

1) false information or forged documents were submitted upon applying for a special permit;

2) the prohibition on import of the weapon, essential component of a firearm or ammunition is provided by a legal instrument which establishes an international sanction or a sanction of the Government of the Republic;

3) there is a suspicion that the import or temporary export of the weapon, essential component of a firearm or ammunition will harm the national security of the Republic of Estonia;

4) the acquisition permit for a weapon issued to the applicant under this Act is revoked;

5) the activity licence issued to the applicant under this Act is revoked;

6) the activity licence issued to the applicant under this Act is suspended.

(2) The Police and Border Guard Board may refuse to grant a special permit if:

1) during the period of five years preceding the decision to grant a special permit the applicant or a person associated with the applicant has violated legislation on the handling of weapons, essential components of firearms or ammunition or has failed to comply with precepts issued on the basis thereof;

2) during the period of five years preceding the decision to grant a special permit the applicant or a person associated with the applicant has violated a legal instrument which establishes or implements an international sanction or a sanction of the Government of the Republic.

§ 60³. Validity, amendment, extension, suspension and revocation of special permit

(1) The Police and Border Guard Board determines the validity of a special permit on the basis of the information submitted upon applying for the permit, which however must not be longer than 24 months.

(2) When the customs formalities concerning the weapon, essential component of a firearm or ammunition set out on a special permit have been completed, the special permit is deemed invalid regardless of its term of validity.

(3) If any information set out on a special permit changes, the holder of the special permit is required to file with the Police and Border Guard Board a reasoned application and relevant documents for amending the special permit.

(4) A special permit is amended or extended according to the applicant’s application if the application is filed before the expiry of the term of validity of the special permit. If the special permit is extended, the entire term of validity of the special permit may not exceed the period of time provided in subsection 1 of this section.

(5) If the right to import more weapons, essential components of firearms or ammunition than permitted on the basis of the original permit arises for the applicant, this is not deemed to be amendment of the special permit.

(6) The Police and Border Guard Board refuses to extend a special permit if the information submitted upon applying for the special permit has changed or if at least one of the circumstances provided in subsection 1 of § 60² of this Act exists.

(7) The Police and Border Guard Board suspends a special permit if:

1) so requested by the holder of the special permit;

2) the special permit issued is lost or stolen;

3) an activity licence issued to the holder of the special permit on the basis of this Act has been suspended.

(8) The Police and Border Guard Board revokes a special permit if:

1) so requested by the holder of the special permit;

3) any of the circumstances provided in clauses 1–5 of subsection 1 of § 60² of this Act exist;

4) the legal person holding the special permit is dissolved or natural person dies.

(9) The Police and Border Guard Board may suspend or revoke a special permit if:

1) the holder of the special permit or a person associated with the holder of the special permit fails to comply with the requirements of the special permit or the requirements provided by this Act or legislation passed on the basis thereof or any precepts issued on the basis thereof;

2) any of the circumstances provided in clause 1 or 2 of subsection 2 of § 60² of this Act exist.

(10) Upon the expiry of a special permit it must be returned to the Police and Border Guard Board within three working days.

§ 60⁴. Import and export of deactivated weapon

The import of a deactivated weapon from a country outside the European Union to Estonia and the export thereof from Estonia to a country outside the European Union are subject to the same procedure as provided in this Chapter for weapons.

§ 62. Conditions for import and temporary export of weapons, essential components thereof and ammunition

(1) Weapons, essential components thereof and ammunition may be imported and temporarily exported through border checkpoints open to international travel where customs authorities are permanently present.

(1¹) The compliance of imported and temporarily exported weapons, essential components of firearms and ammunition with the requirements is verified at a border crossing point by the Tax and Customs Board which, if the requirements are complied with, makes a notation to this effect on the special permit. If the weapons, essential components thereof or ammunition do not comply with the established requirements, a report is prepared which sets out the deficiencies due to which the import or temporary export is prohibited.

(3) Weapons, essential components thereof and ammunition must be accurately identifiable on the basis of accompanying documents and a permit. The list may not differ from the list specified on the permit and the actual amount may not exceed the amount indicated on the permit.

(4) Imported firearms and essential components thereof must bear marking which meets the requirements. The marking of a registered firearm must correspond to the marking set out on the special permit.

(5) Weapons, essential components thereof and ammunition carried to a border crossing point without a special permit specified in subsection 4 of § 59 of this Act must be retained until the facts are ascertained. The customs authorities must ensure that retained weapons, essential components thereof and ammunition are preserved and stored according to the requirements.

§ 62⁴. Documents for conveying weapons and ammunition within European Union

(1) In the territory of the European Union weapons and ammunition may be conveyed on the basis of the following documents:

1) a prior authorisation for the conveyance of weapons and ammunition within the European Union (hereinafter prior authorisation);

2) an authorisation for the conveyance of weapons and ammunition within the European Union (hereinafter authorisation);

3) a European Firearms c (hereinafter firearms pass).

(2) In Estonia, a prior authorisation and an authorisation are issued to a natural or legal person by the Police and Border Guard Board.

(3) A prior authorisation and an authorisation are valid for up to one year as of the date of issue thereof, and a state fee must be paid for the issue thereof.

(4) The standard formats for the prior authorisation and authorisation for conveyance of weapons and ammunition within the European Union are established by a regulation of the minister in charge of the policy sector.

(5) In Estonia, a firearms pass is issued to a natural person by the Police and Border Guard Board if a weapons permit or a permit to carry a weapon has been issued to the person under this Act.

(6) A firearms pass is issued for the term of up to five years. The validity of a firearms pass is limited to the validity of the weapons permit or permit to carry a weapon held by the owner of the weapon, and a firearms pass becomes invalid upon the revocation of the weapons permit or permit to carry a weapon held by the owner of the weapon.

(7) A firearms pass may not be passed on and it must set out the weapons in the possession and use of the holder of the firearms pass. The firearms pass must be in the possession of the person using the weapon at all times and the pass must set out a change in the possession or characteristics of the weapon and loss or theft of the weapon.

(8) The standard format for firearms passes issued in Estonia and the procedure for the issue of firearms passes are established by a regulation of the minister in charge of the policy sector.

(9) If a Member State has prohibited the import of a specific type of weapon, a corresponding express notation is made on the firearms pass. The Police and Border Guard Board submits to other Member States a list of weapons which are not permitted to be conveyed to Estonia or which are permitted without the prior consent thereof.

(10) The provisions of subsections 4 and 5 of § 60 of this Act do not apply to citizens of the European Union who hold a firearms pass.

§ 62⁵. Temporary conveyance of weapons and ammunition within European Union

(1) Weapons and ammunition may be temporarily conveyed to or from Estonia only in the following cases:

1) engagement in shooting sports;

2) engagement in hunting;

3) historical re-enactments;

4) demonstration or participation in a display for exhibition purposes;

5) repair of the weapon by a service provider;

6) practice for participation in national defence.

(2) On the basis of a firearms pass a natural person may convey a weapon within the European Union as follows:

1) weapons classified in category C if the person is travelling to another Member State to engage in hunting or historical re-enactments;

2) weapons classified in category A, B, or C if the person is travelling to another Member State to engage in shooting sports.

(3) In the cases provided in clauses 1 and 2 of subsection 2 of this section a weapon may be conveyed on the condition that the weapon has been entered on the firearms pass and the person substantiates the reasons for their journey by producing an invitation or other proof.

(4) A prior authorisation for temporary conveyance of a weapon and ammunition to Estonia is issued to the applicant on the basis of their application and invitation or other proof of their right to participate in the activities set out in clauses 1–6 of subsection 1 of this section. The weapon must be taken out of Estonia by the date specified on the prior authorisation.

(5) An applicant to whom a weapons permit or a permit to carry a weapon has been issued under this Act is issued an authorisation for temporarily taking a weapon and ammunition out of Estonia on the basis of their application, prior authorisation issued by the competent authority of the country of destination and the consent of the owner of the weapon if the person is not the owner of the weapon. The weapon must be brought to Estonia by the date specified on the permit.

(6) A person participating in national defence on whose weapons permit the data concerning the weapon includes a notation on the right to acquire, own and possess a magazine in restricted commerce may convey a magazine in restricted commerce within the European Union only on the basis of a prior authorisation or a permit.

§ 62⁶. Permanent conveyance of weapons and ammunition within European Union

(1) If a natural or legal person has acquired a weapon or ammunition in another Member State of the European Union or if the person changes their residence or location, they may permanently convey to Estonia a weapon or ammunition owned by them if they have a prior authorisation issued by the Police and Border Guard Board and an authorisation issued by the competent authority of the country of consignment.

(2) If a natural or legal person has acquired a weapon or ammunition in Estonia or if the person changes their residence or location, they may permanently convey from Estonia a weapon or ammunition owned by them if they have a prior authorisation issued by the competent authority of the country of destination and an authorisation issued by the Police and Border Guard Board.

§ 62⁷. Temporary conveyance of weapons and ammunition as goods within European Union

For the purposes of manufacture, conversion or repair of weapons and ammunition or in order to test, demonstrate or display weapons and ammunition at an exhibition, weapons and ammunition may be temporarily conveyed to and from Estonia as goods by a person holding:

1) an activity licence for the manufacture or sale of weapons, components of firearms or ammunition, or for the conversion or repair of weapons, which is issued pursuant to the procedure established in this Act;

2) a prior authorisation issued by the competent authority of the country of destination and an authorisation issued by the competent authority of the country of consignment.

§ 62⁸. Permanent conveyance of weapons and ammunition as goods within European Union

(1) Weapons and ammunition may be permanently conveyed to or from Estonia as goods by a person holding:

1) an activity licence for the manufacture or sale of weapons, components of firearms or ammunition, or for the conversion or repair of weapons, which is issued pursuant to the procedure established in this Act;

2) a prior authorisation issued by the competent authority of the country of destination and an authorisation issued by the competent authority of the country of consignment.

(2) The person must draw up a declaration of receipt or export of goods and send it to the Police and Border Guard Board within three working days. On the basis of the declaration the Police and Border Guard Board makes an entry in the register of service and civilian weapons.

(3) The standard format for the declaration of permanent conveyance of weapons and ammunition as goods within the European Union is established by a regulation of the minister in charge of the policy sector.

§ 62⁹. Prior authorisation and authorisation proceedings

(1) A prior authorisation for the temporary conveyance of weapons and ammunition to Estonia as specified in § 62⁵ or § 62⁷ of this Act requires an application which must set out, among other things, the following information and documents:

1) in the cases set out in clauses 1–4 of subsection 1 of § 62⁵, the name and contact details of the person who has extended an invitation, the area where the event will take place, the desired period of validity of the prior authorisation and a filled-out prior authorisation form;

2) in the cases set out in clause 5 of subsection 1 of § 62⁵ and clause 1 of § 62⁷, the number of the activity licence, the desired period of validity of the prior authorisation and a filled-out prior authorisation form.

(2) An application for a prior authorisation provided in subsection 1 of this section may be submitted by the organiser of a hunt or historical re-enactment or other similar event.

(3) An authorisation for the temporary conveyance of weapons and ammunition from Estonia as provided in § 62⁵ or § 62⁷ of this Act requires an application which must set out, among others, the following information and documents:

1) in the cases set out in clauses 1–4 of subsection 1 of § 62⁵, a prior authorisation issued by the competent authority of the country of destination, the name and contact details of the person who has extended an invitation, the area where the event will take place, the desired period of validity of the authorisation and a filled-out authorisation form;

2) in the cases set out in clause 5 of subsection 1 of § 62⁵ and clause 1 of § 62⁷, the number of the activity licence, a prior authorisation issued by the competent authority of the country of destination, the desired period of validity of the authorisation and a filled-out authorisation form.

(4) A prior authorisation for the permanent conveyance of weapons and ammunition to Estonia as provided in § 62⁶ or § 62⁸ of this Act requires an application which must set out, among others, the desired period of validity of the prior authorisation and a filled-out prior authorisation.

(5) An authorisation for the permanent conveyance of weapons and ammunition from Estonia as provided in § 62⁶ or § 62⁸ of this Act requires an application which must set out the desired period of validity of the authorisation and the following documents:

1) prior authorisation issued by the competent authority of the country of destination;

2) filled-out authorisation form.

(6) The Police and Border Guard Board refuses to grant a prior authorisation or an authorisation if:

1) an acquisition permit for a weapon issued to the applicant under this Act has been revoked;

2) an activity licence issued to the applicant under this Act has been suspended or revoked;

3) false information or forged documents were submitted when applying for a prior authorisation or an authorisation;

4) there is a suspicion that the conveyance of the weapon, essential component of a firearm or ammunition may harm the national security of the Republic of Estonia.

(7) The Police and Border Guard Board may refuse to grant a prior authorisation or an authorisation if:

1) during the period of five years preceding the decision to grant a prior authorisation or an authorisation the applicant or a person associated with the applicant has violated legislation on the handling of weapons, essential components of firearms or ammunition or has failed to comply with precepts issued on the basis thereof;

2) during the period of five years preceding the decision to grant a prior authorisation or an authorisation the applicant or a person associated with the applicant has violated a legal instrument which establishes or implements an international sanction.

(8) The Police and Border Guard Board issues a prior authorisation or an authorisation within 30 days as of the submission of all the required documents and information.

(9) The Police and Border Guard Board suspends a prior authorisation or an authorisation if an activity licence issued to the holder of the prior authorisation or authorisation under this Act has been suspended.

(10) The Police and Border Guard Board revokes a prior authorisation or an authorisation if:

1) so requested by the holder of the prior authorisation or authorisation;

2) any of the circumstances provided in subsection 6 of this section exist;

3) the issued prior authorisation or authorisation is lost or stolen;

4) the legal person holding the prior authorisation or authorisation is dissolved or natural person dies.

(11) The Police and Border Guard Board may suspend or revoke a prior authorisation or an authorisation if:

1) the holder of the prior authorisation or authorisation or a person associated with the holder of the prior authorisation or authorisation fails to comply with the requirements provided by this Act or legislation passed on the basis thereof or any precepts issued on the basis thereof;

2) any of the circumstances provided in subsection 7 of this section become evident.

§ 62¹⁰. Conveyance of deactivated weapons within European Union

(1) The conveyance of deactivated weapons within the European Union takes place on the basis of the documents set out in clauses 1 and 2 of subsection 1 of § 62⁴ of this Act and a certificate confirming the deactivation.

(2) A prior authorisation or an authorisation for the conveyance of deactivated weapons from another Member State of the European Union to Estonia or from Estonia to another Member State of the European Union requires the submission of an application and a filled-out prior authorisation or authorisation form to the Police and Border Guard Board.

§ 62¹¹. Special procedure for conveyance of weapons, ammunition and deactivated weapons

The conveyance of weapons, ammunition and deactivated weapons to countries outside the European Union, which is subject to Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons (OJ L 256, 13.09.1991, pp. 51–58; OJ special edition 13/11, pp. 3–10), and from such countries to Estonia is subject to the procedure established in this Chapter.

§ 62¹². Conveyance of weapons of cultural value within European Union

Weapons of cultural value are conveyed from Estonia to another Member State of the European Union pursuant to the procedure established by this Act and in accordance with the Intra-Community Transport, Export and Import of Cultural Objects Act and legislation passed on the basis thereof.

§ 63. General procedure for transfer of weapons and ammunition

(1) Transfer of weapons and ammunition is defined in this Act as the transfer of the right of ownership to weapons and ammunition to another natural or legal person or to the state or a local government.

(2) An owner or possessor of a weapon may transfer the weapon:

1) to a person who holds an acquisition permit for the corresponding weapon;

2) by way of commission sale through a person who holds an activity licence for the sale of weapons;

3) to a person holding an activity licence for the sale, manufacture, conversion or repair of weapons.

(3) Ammunition may be transferred through persons specified in clauses 2 and 3 of subsection 2 of this section or to a person who holds a weapons permit for the corresponding weapon.

§ 64. Transfer of weapon to person holding acquisition permit

(1) A weapon must be transferred to a person holding an acquisition permit in the presence of a competent official of the Police and Border Guard Board at the Police and Border Guard Board or the location of the weapon.

(2) The transfer of a weapon is formalised on the basis of an application by the owner or possessor of the weapon. The application must set out information concerning the weapon being transferred and the person to whom the weapon is to be transferred.

§ 65. Transfer of weapon to person holding corresponding activity licence or through such person

In the cases specified in clauses 2 and 3 of subsection 2 of § 63 of this Act, a weapon must be transferred on the basis of a permit provided in § 80 of this Act and under the conditions set out therein.

§ 66. Authorisation obligation

(1) An activity licence is required for engaging in the following areas of activity:

1) sale of weapons, essential components of firearms or ammunition;

1¹) manufacture of weapons, essential components of firearms or ammunition;

2) conversion and repair of weapons as a service;

3) use of a firing range or field firing range for the provision of fee-charging services;

4) rental of weapons as a service at a firing range or a field firing range;

5) storage of weapons and ammunition as a service;

6) manufacture and conversion of gas sprays, pneumatic weapons, and alarm and signal weapons.

(2) A person who holds an activity licence issued by another European Union Member State must also hold an activity licence specified in subsection 1 of this section.

(3) An activity licence is issued for the term of one to five years or for the duration of the performance of a temporary obligation or duty if it takes less than a year.

(4) An activity licence that expires during an emergency situation will remain in effect during the emergency situation and for 60 days after the end of the emergency situation.

§ 67. Subject of review of activity licence

(1) An activity licence is issued to an undertaking if the following requirements are met:

1) the undertaking is a citizen of a European Union Member State and has active legal capacity, or is a legal person founded in a European Union Member State;

1¹) the undertaking is reliable, which means above all that no prohibition on economic activities has been imposed on the undertaking pursuant to law;

1²) the undertaking’s shareholder or supervisory board or management board member or another person with dominant influence over the management of the legal person is a citizen of a European Union or NATO Member State;

2) the undertaking’s shareholder or supervisory board or management board member or another person with dominant influence over the management of the legal person has not been punished for a criminal offence against the state, except for criminal offences provided in §§ 245, 247 and 249 of the Penal Code, or for a criminal offence against humanity or international security, regardless of whether or not the information concerning the punishment has been deleted from the criminal records database;

3) there is no reason to believe that the undertaking’s shareholder or supervisory board or management board member or another person with dominant influence over the management of the legal person has committed a criminal offence against humanity or a war crime;

4) there is no reason to believe that the undertaking’s shareholder or supervisory board or management board member or another person with dominant influence over the management of the legal person belongs to a criminal organisation or a terrorist organisation or that they have committed or may commit an act of terrorism or that they are associated with financing or supporting an act of terrorism or with money laundering;

5) the person responsible of the undertaking meets the requirements provided in §§ 38 and 39 of this Act;

6) upon applying for an activity licence for operating a firing range or a field firing range, the firing range or the field firing range complies with the health, environmental protection and fire safety requirements.

(2) An activity licence may be issued to an undertaking subject to the following secondary conditions if:

1) the undertaking’s shareholder or supervisory board or management board member or another person with dominant influence over the management of the legal person is not wanted for or suspected or accused of committing fraud, an offence relating to office or money laundering or tax fraud or a criminal offence relating to explosives, pyrotechnic articles, firearms or ammunition or they have no criminal record for said offences;

2) the undertaking’s shareholder or supervisory board or management board member or another person with dominant influence over the management of the legal person has no criminal record for a criminal offence relating to narcotics;

3) the undertaking’s shareholder or supervisory board or management board member or another person with dominant influence over the management of the legal person has no criminal record for the commission of a misdemeanour relating to office or money laundering or tax fraud or a misdemeanour relating to explosives, pyrotechnic articles, firearms or ammunition;

4) the undertaking’s shareholder or supervisory board or management board member or another person with dominant influence over the management of the legal person has no criminal record for a criminal offence for which they have been sentenced to more than one year of imprisonment;

5) the undertaking’s shareholder or supervisory board or management board member or another person with dominant influence over the management of the legal person has not been repeatedly punished for criminal offences;

6) there is no reason to believe that the undertaking’s shareholder or supervisory board or management board member or another person with dominant influence over the management of the legal person has had special training for landing operations or acts of diversion or sabotage or other special training that has provided knowledge and skills which can be directly applied in setting up and training illegal armed units;

7) there is no reason to suspect that the undertaking’s shareholder or supervisory board or management board member or another person with dominant influence over the management of the legal person may endanger the security of the Republic of Estonia.

§ 67¹. Collection of information through surveillance activities and making enquiry to communications undertaking

(1) The police may, with the written consent of the applicant for an activity licence, collect personal data concerning the applicant through surveillance activities specified in subsection 1 of § 126³ of the Code of Criminal Procedure and by an enquiry to an electronic communications undertaking for obtaining information provided in subsections 2 and 3 of § 111¹ of the Electronic Communications Act if it is necessary in order to decide on the grant of an activity licence.

(2) A person is notified of the activity specified in subsection 1 of this section conducted with respect to the person after making of a decision and at their request they must be introduced information collected by the activity.

§ 68. Applying for activity licence

(1) An application for an activity licence is adjudicated by the Police and Border Guard Board.

(2) In addition to the information provided in the General Part of the Economic Activities Code Act, an application for an activity licence must include the following information and documents:

1) a list of partners and shareholders who hold over 5% of the share capital in the company applying for the activity licence, and a list of the members of the management board and supervisory board of the company which sets out the given name, surname, personal identification code or in the absence thereof date of birth, and residence of natural persons and the full name, seat and commercial registry code of the legal person;

2) information concerning the person responsible and their substitute (given name, surname, personal identification code or in the absence thereof date of birth, residence and telephone number), and certification that the corresponding examination has been passed;

3) a list of employees who are involved in the handling of weapons and ammunition, which sets out their given name, surname, residence and personal identification code or in the absence thereof date of birth;

4) the address and telephone number of the weapons storage room and the means used in order to ensure the security and guarding of the room, or a copy of a contract for the rental of a weapons storage room entered into for the period of validity of the activity licence.

(3) Upon applying for an activity licence for operating a firing range or a field firing range, the following documents must be annexed to the application for the activity licence:

1) a noise measurement report;

2) the layout and perspective view.

§ 69. Specifications for applying for activity licence

In adjudicating an application for an activity licence, the principle of entry into force of an activity licence by default provided in the General Part of the Economic Activities Code Act is not applied.

§ 71. Consequences of suspension or revocation of activity licences

(2) Weapons and ammunition in the possession of the holder of an activity licence at the time of the suspension of the activity licence are deposited with the police, or the security and guarding of the weapons and ammunition are ensured until the end of the period of suspension of the activity licence.

(3) Weapons and ammunition in the possession of the holder of an activity licence at the time of the revocation of the activity licence are deposited with the police, or the proper security and guarding of the weapons and ammunition are ensured until the weapons and ammunition are transferred or destroyed pursuant to the procedure established by this Act.

(4) Weapons and ammunition are deposited, transported, stored, guarded, protected and returned at the expense of the holder of the activity licence.

§ 72. Inspection of legality of activities of holders of activity licences

(1) The Police and Border Guard Board inspects the legality of the weapons and ammunition related activities of the holders of activity licences at least twice a year. Other offices and authorities may be involved in inspections as necessary.

(3) A report is prepared concerning the inspection results, one copy of which is given to the holder of the activity licence and the other remains with the person who conducts the inspection.

§ 73. Manufacture of weapons and ammunition

(1) Weapons, components of firearms and ammunition must be manufactured according to the specifications indicated on the activity licence.

(2) The Explosives Act and subsections 2 and 4 of § 73¹ of this Act apply to the industrial production of ammunition containing explosive or pyrotechnic substances.

(3) A person engaging in the manufacture of weapons or components of firearms is required to:

1) store the basic products and materials used for the manufacture as well as unfinished and finished products in a place and in conditions which ensure their preservation and that they do not pose a danger to the surroundings;

2) ensure the quality and safety of the products according to the requirements.

(4) The requirements of this section and § 73¹ of this Act do not apply to the home production of cartridges from basic components by natural persons for the purposes of hunting or sporting. Home-produced cartridges must not be transferred.

§ 73¹. Marking of weapons and ammunition

(1) A person engaging in the manufacture of weapons or essential components of firearms or a person who has imported an essential component of a weapon or firearm to Estonia is required to mark a firearm or an essential component of a firearm with a marking according to the requirements in such a manner that the removal of the marking would be technically complicated or impossible.

(2) A person engaging in the manufacture of ammunition is required to mark every individual package of ammunition with a marking according to the requirements.

(3) When a weapon of Armed Forces or a service weapon or a weapon allotted to the Defence League is transferred to be used for civilian purposes, the firearm is marked with a marking according to the requirements.

(4) The requirements for the marking of firearms, essential components of firearms, acoustic weapons, deactivated weapons and ammunition are established by a regulation of the Government of the Republic.

§ 74. Sale of weapons and ammunition

(1) A person who holds an activity licence for the sale of weapons or ammunition is required:

1) to demand that a purchaser of a weapon present their identity document and to verify the existence of an acquisition permit for the given type of weapon issued on the basis of this Act or the Defence League Act and to demand that a purchaser of ammunition or a magazine in restricted commerce present their identity document and a weapons permit issued on the basis of the Defence League Act;

1¹) to demand that a foreign national acquiring a weapon present their identity document and a document provided in subsection 3 of § 30 of this Act;

1²) to demand that a foreign national acquiring ammunition present their identity document and an authorisation provided in subsection 4 of § 59 or clause 1, 2 or 3 of subsection 1 of § 62⁴ of this Act;

2) to make sure that a transfer permit for a weapon which is given for commission sale exists;

3) if a weapon is taken for sale on the basis of a transfer permit, to inform the Police and Border Guard Board within three working days as of the date on which the weapon is taken for sale;

4) to store weapons and ammunition which are taken for sale in a place and in conditions which comply with the established requirements;

5) to forward information concerning a sold weapon and the person who purchased the weapon to the Police and Border Guard Board within three working days after the sale of the weapon;

6) to forward information concerning a weapon sold and the person who purchased the weapon to the Defence League within three working days after the sale of the weapon if the weapon is sold on the basis of an acquisition permit for an active member’s personal weapon provided in § 46 of the Defence League Act.

(1¹) A person who holds an activity licence for the sale of weapons or ammunition must enter on the acquisition permit for an active member’s personal weapon established in subsection 5 of § 46 of the Defence League Act information concerning the weapon sold and the person who sold it.

(2) It is prohibited to:

1) sell a weapon or ammunition to a person who does not present their identity document and who, for acquiring a weapon, does not hold an acquisition permit for the given type of weapon or a weapons permit for acquiring ammunition;

2) sell a weapon in unrestricted commerce to a person of less than 18 years of age;

3) knowingly sell a defective weapon or defective ammunition;

4) sell weapons or cartridges which have not been type approved, except for weapons taken for commission sale.

(2¹) A person who holds an activity licence for the sale of weapons or ammunition may refuse to complete any transaction for the acquisition of complete rounds of ammunition, or components of ammunition, which they reasonably consider to be suspicious owing to its nature or scale. Any such attempted transaction must be promptly reported to the Police and Border Guard Board.

(3) The requirements for the points of sale of weapons and ammunition are established by a regulation of the minister in charge of the policy sector.

§ 75. Obligations of person who holds activity licence upon manufacture of weapons and ammunition and upon keeping of records regarding sale thereof

(1) A person to whom an activity licence has been issued under clause 1 or 2 of subsection 1 of § 66 of this Act is required to keep separate records of weapons, essential components of firearms, magazines in restricted commerce, silencers, laser sights, night sights and ammunition.

(2) Records are to be kept so as to make it possible to identify at any given time weapons manufactured, weapons acquired for sale, and weapons, essential components of firearms, magazines in restricted commerce, silencers, laser sights, night sights and ammunition sold.

(3) Data and documents necessary for keeping records are to be retained until the expiry or revocation of the activity licence. Upon the expiry or revocation of the activity licence, the person who holds the activity licence is required to hand the records over to the Police and Border Guard Board no later than on the last day of validity of the activity licence, and the Police and Border Guard Board must retain the records for 30 years after the handover.

(4) A person who holds an activity licence is to present to the register of service and civilian weapons information on the manufacture or sale of firearms manufactured on the basis of this Act, essential components thereof, magazines in restricted commerce and ammunition through the interface of the data exchange layer for information systems (hereinafter X-Road) within one working day after the relevant transaction.

(5) Presenting information through the X-Road has no effect on the time limits applicable to notifications and applications as provided by this Act, on the competency of the Police and Border Guard Board or on the person’s right to file such notifications and applications directly with the Police and Border Guard Board.

(6) Data entered in the records may only be reported to persons with corresponding inspection rights and to persons who have been granted access to such data or documents by any other Act.

(7) The holder of an activity licence is required to immediately report the disappearance of a weapon for sale to the police.

§ 76. Repair of weapons

(1) The repair of weapons is defined in this Act as the elimination of a defect on a weapon in a manner which does not involve essential changes being made to the characteristics of the weapon.

(2) A weapon may be repaired by the owner thereof or by a person who holds a corresponding activity licence.

§ 77. Conversion of weapons

(1) The conversion of weapons is defined in this Act as the changing of a weapon in a manner which involves essential changes being made to the characteristics of the weapon.

(1¹) It is prohibited to convert a firearm into a gas weapon.

(2) Weapons may only be converted on the basis of a weapons conversion permit provided in § 80 of this Act.

(3) The Police and Border Guard Board may refuse to issue a weapons conversion permit if the request to convert a weapon is unfounded, or if it is requested that the weapon be converted in a manner as a result of which the weapon would no longer have its original characteristics and if the owner or possessor of the weapon does not hold a corresponding weapons permit.

(4) The weapons conversion permit must indicate the extent to which the weapon may be converted.

(5) If an essential component of a weapon bearing the marking of the weapon is substituted during conversion of the weapon, the Police and Border Guard Board must be promptly notified thereof.

§ 78. Rendering of weapons inoperable

(1) A weapon is rendered inoperable by the mechanical processing of any of the essential components of the firearm as a result of which the weapon loses the capacity to be fired.

(2) Firearms, including weapons and acoustic weapons provided in clause 1 of subsection 1 § 83³ of this Act, may be rendered incapable of firing by persons who hold an activity licence for the repair or conversion of weapons solely on the basis of a permit for rendering weapons incapable of firing provided in § 80 of this Act.

(2¹) Weapons are rendered inoperable pursuant to Annex I to the European Commission Implementing Regulation.

(5) The usable components of a weapon rendered inoperable must be handled pursuant to the procedure provided by this Act.

(6) A person who holds an activity licence for the repair or conversion of weapons must mark a weapon rendered inoperable with a marking according to Annex II to the European Commission Implementing Regulation.

(7) A person who holds an activity licence for the repair or conversion of weapons must prepare a declaration confirming a weapon’s deactivation, which describes the actions performed upon rendering the weapon or essential component of a firearm inoperable according to Annex I to the European Commission Implementing Regulation.

(8) The format of the declaration confirming a weapon’s deactivation is established by a regulation of the minister in charge of the policy sector.

§ 78¹. Establishment of compliance with deactivation requirements

(1) A weapon deactivated in another country must meet the requirements provided in Annex I to the European Commission Implementing Regulation.

(4) A person who has brought to Estonia a weapon deactivated in another country which lacks the certificate provided in Annex III to the European Commission Implementing Regulation must submit to the Police and Border Guard Board an application for the establishment of the compliance of the weapon with the deactivation requirements within 30 days as of the time the weapon was brought to Estonia.

(5) The permit for the establishment of the compliance of a weapon deactivated in another country with the deactivation requirements is granted by the Police and Border Guard Board on the application of the owner or possessor of the weapon. The requirements provided in subsections 4 and 6–8 of § 80 of this Act are applied to such permit.

(6) When applying for a permit specified in subsection 5 of this section a person must submit to the Police and Border Guard Board the following information and documents:

1) information on the owner or possessor, including natural person’s given name and surname, personal identification code, place of residence and phone number, and legal person’s name, registry code or registration number, address and phone number;

2) the type and marking of the weapon;

3) a copy of a certificate issued in the other country for the deactivated weapon, if such certificate exists.

(7) The compliance of a weapon with the deactivation requirements is verified by a person who holds an activity licence for the repair or conversion of weapons.

(8) If a person who holds an activity licence for the repair or conversion of weapons establishes that a weapon deactivated in another country meets the deactivation requirements in part, the owner of the weapon may apply for a weapons transfer permit, weapons conversion permit, permit for rendering the weapon inoperable or weapon dismantling permit provided in § 80 of this Act.

§ 78². Declaration of deactivated weapon

(1) After a person who holds an activity licence for the repair or conversion of weapons has deactivated a weapon or has established its compliance with the deactivation requirements the weapon must be declared deactivated by the Police and Border Guard Board.

(2) When a weapon is declared deactivated, a certificate confirming the deactivation is issued in accordance with the template set out in Annex III to the European Commission Implementing Regulation.

(3) Deactivated weapons are entered in the register of service and civilian weapons.

(4) A weapon brought to Estonia from another country which has been deactivated and for which a certificate in accordance with the template set out in Annex III to the European Commission Implementing Regulation has been issued must be entered in the register of service and civilian weapons on the basis of the certificate issued in the other country. A state fee must be paid before a deactivated weapon is entered in the register.

§ 78³. Change of owner of deactivated weapon

(1) The change of the owner of a deactivated weapon is executed in the Police and Border Guard Board.

(2) An application must be filed with the Police and Border Guard Board, setting out the information of the previous and new owner of the deactivated weapon, including natural person’s given name, surname, personal identification code or, in the absence thereof, date of birth, place of residence and phone number, and legal person’s name, registry code or registration number, address and phone number, and the type, make, model and marking of the deactivated weapon.

(3) The Police and Border Guard Board makes the relevant entries in the register of service and civilian weapons. A state fee must be paid before a register entry is made.

§ 79. Dismantling of weapons

(1) The dismantling of a weapon is defined in this Act as cessation of the use of the weapon and disassembly of the weapon into its components.

(2) Weapons may be dismantled solely on the basis of a weapons dismantling permit provided in § 80 of this Act by the owner or possessor of the weapon or by a person who holds an activity licence for the repair or conversion of weapons and with whom the owner or possessor has placed a corresponding order.

(3) Essential components of a firearm which remain usable after the weapon has been dismantled may be used solely for the repair or conversion of weapons. Legal persons must keep records of usable essential components of weapons pursuant to the procedure established in § 75 of this Act.

(4) Unusable essential components of firearms are destroyed pursuant to the procedure provided in § 83 of this Act.

§ 80. Weapons transfer permit, weapons conversion permit, permit for rendering weapons inoperable and weapons dismantling permit

(1) Weapons transfer permits, weapons conversion permits, permits for rendering weapons inoperable and weapons dismantling permits (hereinafter permits) are issued by the Police and Border Guard Board on the application of the owner or possessor of the weapon.

(2) An application for a permit must set out:

1) data concerning the owner or possessor of the weapon: the given name, surname, personal identification code and residence of a natural person, or the name, registry code or registration number, address and telephone number of a legal person;

2) the type, make, calibre and marking of the weapon;

4) the reason for the application (transfer, conversion, rendering inoperable, dismantling);

5) the manner of realisation of the permit (to whom and in which manner the weapon is to be transferred, the extent to which the weapon is to be converted, and who is to convert the weapon, render it inoperable or dismantle it).

(2¹) In the case of an inherited weapon, a found weapon, a weapon which has belonged to joint property or a weapon deactivated or made acoustic in another country, an application for a permit must set out:

1) information on the owner or possessor, including natural person’s given name, surname, personal identification code, place of residence and phone number, or legal person’s name, registry code and contact information;

2) the type, make, model, calibre and marking of the weapon;

3) a copy of a certificate issued in the other country for the deactivated or acoustic weapon, if such a certificate exists.

(2²) A permit sets out the following information:

1) the holder’s given name, surname and personal identification code or legal person’s name and registry code;

2) the name and personal identification code of a legal person’s person responsible;

3) the purpose of issue of the permit;

4) the type, make, model, calibre and marking of the weapon;

5) the calibre and quantity of the ammunition;

6) information on the person who converts, dismantles or deactivates a weapon or establishes its compliance with the deactivation requirements;

7) special conditions;

8) the issuing authority;

9) the date of issue of the permit;

10) the date of expiry of the permit.

(2³) Before applying for a weapons conversion permit, a permit for rendering a weapon inoperable, a permit for establishing the compliance of a weapon with the deactivation requirements or a weapons dismantling permit, the applicant must pay a state fee.

(3) In the absence of a weapons permit, a document in proof of the legality of the ownership of a weapon must be annexed to an application, and such document is returned to the applicant after verification.

(4) The Police and Border Guard Board reviews an application no later than within one month as of the date of submission of all the required documents.

(5) A permit is not granted to a person who uses a weapon on the basis of a parallel weapons permit.

(6) An applicant is notified of the refusal to issue a permit within three working days after the corresponding decision is made.

(7) A permit is valid for one month during which time the owner of a weapon has the right to transfer the weapon or give it to be sold by commission sale, converted, rendered inoperable or dismantled.

(8) If it is impossible to use a permit within one month, the Police and Border Guard Board extends the period of validity of the permit by one month if there is good reason for the application for extension and if the application is submitted before the expiry of the permit.

(9) A weapon transfer permit does not limit the time needed for the commission sale of the weapon.

(10) If a weapon is sought to be given for commission sale, a weapon transfer permit must be applied for from the Police and Border Guard Board. If a weapon is taken for commission sale, the holder of an activity licence must inform the Police and Border Guard Board thereof who will make an entry in the register of service and civilian weapons. The owner of the weapon may take a weapon given for commission sale back by filing an application with the Police and Border Guard Board who will make an entry to that effect in the register of service and civilian weapons and who will notify the holder of an activity licence thereof.

(11) If a weapons permit is revoked while the weapon is being converted, the weapon must be handed over to the Police and Border Guard Board by the person converting the weapon.

(12) After the conclusion of a transaction, the holder of an activity licence makes an entry to that effect in the register of service and civilian weapons and notifies the Police and Border Guard Board thereof.

§ 81. Duties of persons engaging in repair or conversion of weapons

(1) A person who holds an activity licence for the repair or conversion of weapons is required to:

1) demand that a person who brings a weapon for repair or to be converted, deactivated or dismantled present their identity document, and verify the existence of a required permit;

3) communicate information concerning a converted weapon or a dismantled weapon and data concerning the owner or possessor of the weapon to the Police and Border Guard Board within three working days after the weapon is converted or dismantled;

3¹) communicate information on the owner or possessor of a weapon rendered inoperable or of a weapon the compliance of which with the deactivation requirements has been established and send a copy of the declaration confirming deactivation to the Police and Border Guard Board within three working days after the weapon is rendered inoperable or after receiving the declaration specified in § 78² of this Act;

4) store a received weapon and the essential components of firearms needed for the repair and conversion of weapons pursuant to the procedure and under the conditions provided in this Act and ensure their preservation;

5) inform the Police and Border Guard Board of any weapon received for conversion, rendering inoperable, dismantling or establishing its compliance with the deactivation requirements within three working days as of the receipt of the weapon.

(2) It is prohibited to accept a weapon from a person who fails to produce their identity document and who does not hold a required permit.

§ 82. Keeping of records regarding weapons brought for repair, conversion, rendering inoperable or establishing their compliance with deactivation requirements

(1) A person who holds an activity licence for the repair or conversion of weapons is required to keep records regarding weapons which are brought for repair, conversion, rendering inoperable or establishment of their compliance with the deactivation requirements, and also regarding the essential components of firearms needed for the repair or conversion of weapons.

(2) Records are kept on the grounds and in accordance with the rules provided in § 75 of this Act.

§ 83. Destruction of weapons and ammunition

(1) The destruction of weapons and ammunition is defined in this Act as the physical destruction of a weapon as a whole and of ammunition.

(2) The following are subject to destruction:

1) expropriated weapons and ammunition which cannot be sold in any other manner;

2) weapons and ammunition given by the owner thereof for destruction;

3) weapons and ammunition confiscated under a court judgment and subject to destruction;

4) illegal weapons and ammunition which a person brings to the Police and Border Guard Board or the Estonian Internal Security Service and concerning the illegal handling of which no criminal proceedings are commenced on the basis of clause 7 of subsection 1 of § 199 or subsection 2 of § 199 of the Code of Criminal Procedure;

5) other weapons and ammunition pursuant to the procedure established by law or legislation issued on the basis of law.

(3) Weapons of historical or cultural value are not subject to destruction. A weapon of historical or cultural value is subject to preservation in a weapons collection pursuant to the procedure provided by this Act.

(4) The owner or possessor of a weapon must hand over the weapon or ammunition subject to destruction together with an application to this effect to the police who organises the destruction of weapons and ammunition.

(4¹) The destruction of weapons and ammunition specified in clause 1 of subsection 2 of this section is arranged by the Police and Border Guard Board.

(4²) The destruction of weapons and ammunition specified in clause 3 of subsection 2 of this section is arranged by the authority assigned under the court judgment or by the authority in whose possession the weapons and ammunition are.

(4³) The destruction of weapons and ammunition specified in clause 4 of subsection 2 of this section is arranged by the Police and Border Guard Board or the Estonian Internal Security Service.

(5) A weapon is destroyed by being melted or by being crushed under a suitable press in a manner which precludes the further use of the weapon as a whole and of any of its components.

(6) Ammunition containing explosives is destroyed pursuant to the procedure established by the Explosives Act.

(7) Weapons and ammunition are destroyed in the presence of an official authorised by the director general of the relevant authority. The owner or possessor of a weapon or representatives of other authorities may be invited to be present at the destruction of the weapon.

(8) A record must be prepared concerning the destruction of a weapon and ammunition which sets out the type, make, model and calibre of the weapon or ammunition and the marking of the weapon, if any, the quantity of ammunition, and the location, date and manner of destruction. The record must be signed by the persons present at the destruction of the weapon or ammunition and the record is to be kept in the register of service and civilian weapons. A copy of the record is sent to the owner or possessor of the weapon at their request.

(9) A notice concerning the destruction of a weapon must be made in the register of service and civilian weapons.

§ 83¹. Requirements for persons involved in manufacture, sale, repair and conversion of weapons and ammunition, rendering of weapons and ammunition inoperable, and dismantling and destruction of weapons and ammunition

A person who holds a valid weapons permit may engage in the manufacture, sale, repair and conversion of weapons and ammunition, the rendering of weapons and ammunition inoperable, and the dismantling and destruction of weapons and ammunition.

§ 83⁴. Acquisition of shares of undertaking engaged in handling of military weapon, weapons system, ammunition of military weapons and munition and acquisition of such undertaking

(1) A share of a company engaged in the handling of a military weapon, a weapons system, ammunition of military weapons or munition (hereinafter undertaking) may be acquired by any person. Shares are registered. A qualifying holding may be acquired by a person complying with the requirements provided in this Subchapter pursuant to the procedure provided in this Subchapter.

(2) For the purposes of this Subchapter, the acquisition of an undertaking means the merger of legal persons or the acquisition of all the shares of the undertaking by a natural or legal person. An undertaking may acquire a qualifying holding in another undertaking according to the set requirements for acquisition.

(3) A qualifying holding is understood to mean the qualifying holding within the meaning of § 9 of the Securities Market Act.

(4) Taking the ownership of voting rights into account and defining the controlled undertaking are based on § 10 of the Securities Market Act.

§ 83⁵. Requirements set for persons acquiring or having qualifying holding

(1) A qualifying holding in an undertaking may be acquired, held and increased and control over an undertaking may be gained, held and increased by every person in respect of whom the circumstances provided in clauses 5–8 of subsection 1 and in subsection 1¹ of § 40 of this Act have not been established and who is:

1) a citizen of a European Union Member State; or

2) a citizen of a NATO Member State; or

3) a citizen of an OECD Member State; or

4) a citizen of a state with whom the Republic of Estonia has concluded an agreement for mutual protection of classified information; or

5) a citizen of another state to whom the Ministry of Defence, with the approval of the Ministry of the Interior, has granted a consent for making an exception to clauses 1–4 of this subsection.

(2) The reasons underlying an administrative decision issued according to clause 5 of subsection 1 of this section, likewise information and evidence collected in proceedings are not disclosed, including to the applicant, to the extent this may jeopardise the safety of an institution founded by the Republic of Estonia, the European Union, the NATO, another foreign state or another international organisation or an international agreement, or the protection of public order, or to the extent it is subject to a restriction on access provided by law.

§ 83⁶. Giving notification of acquisition of shares of undertaking engaged in handling of military weapon, weapons system, ammunition of military weapons and munition

(1) A person who intends to directly or indirectly acquire a qualifying holding in an undertaking engaged in the handling of a military weapon, a weapons system, ammunition of military weapons or munition or to increase such holding so that the proportion of the share capital of the undertaking engaged in the handling of a military weapon, a weapons system, ammunition of military weapons or munition or votes represented by shares exceeds ten per cent, or to conclude a transaction as a result of which the undertaking will become a company controlled thereby (hereinafter acquirer) must notify the Police and Border Guard Board or the Consumer Protection and Technical Regulatory Authority (hereinafter issuer of activity licence) of their intention beforehand and submit the information provided in subsection 1 of § 83⁷ of this Act.

(2) A person who acquires a holding by way of succession or a gift or another similar transaction is also required to give notification of acquisition of a qualifying holding.

(3) The procedure for notification provided in § 30 of the General Part of the Economic Activities Code Act is not applied to giving notification of acquisition of a qualifying holding.

§ 83⁷. Information submitted upon giving notification of acquisition of holding and verification thereof

(1) An acquirer of a qualifying holding set out in subsection 1 or 2 of § 83⁶ of this Act must notify the issuer of activity license of the size of the holding acquired in an undertaking engaged in the handling of a military weapon, a weapons system, ammunition of military weapons or munition and must submit the following information:

1) the given name, surname, personal identification code or date of birth in the absence of a personal identification code and actual address of residence of the acquirer who is a natural person;

2) information on the holding of the acquirer who is a natural person in other legal persons or pools of assets, and information on persons over whom the acquirer has control;

3) the name, registered office and registry code of the acquirer who is a legal person or of the legal person administering the pool of assets, and a copy of the articles of association if the acquirer is established outside Estonia, information on the holding in other legal persons or pools of assets, and information on persons over whom the acquirer has control;

4) a list of the owners or members of the acquirer who is a legal person, information on the number of shares held by or the size of the holding and number of votes of each owner or member in all legal persons or pools of assets, and information on persons who have control over the owners or members of the acquirer who is a legal person;

5) information on the members of the management board and supervisory board of the acquirer who is a legal person, including, for each person, the given name and surname and personal identification code or date of birth in the absence of a personal identification code;

6) if the acquirer is a company belonging to a consolidation group, a description of the structure of the group along with data relating to the sizes of the holdings of the undertakings belonging to the group.

(2) An acquirer who is a legal person established and mainly operating outside Estonia must submit the information set out in subsection 1 of this section along with the last annual report translated into Estonian or English and certified (Apostille), unless it arises otherwise from an international agreement. An acquirer who is a foreign natural person must submit in addition to the information set out in subsection 1 of this section their criminal record statement issued by their country of residence translated into Estonian or English and certified (Apostille), unless it arises otherwise from an international agreement.

(3) For specifying and verifying the information set out in subsection 1 of this section, the issuer of activity licence may also require additional information.

(4) Within two working days after receiving the notice and information set out in subsection 1 of this section the issuer of activity licence must notify the acquirer in writing of the receipt of the notice and information.

(5) The issuer of activity licence must assess the compliance of the acquirer with the requirements provided in § 83⁵ of this Act and must resolve on prohibition on acquisition of holding or granting authorisation for acquisition of holding pursuant to §§ 83²⁸ and 83²⁹ of this Act.

§ 83⁸. Conditions for acquisition of qualifying holding and bases for prohibition on acquisition of qualifying holding

(1) A qualifying holding may be acquired or increased or the undertaking may be turned into a controlled undertaking if the issuer of activity licence does not prohibit, by its decision, acquisition or increase of a qualifying holding or turning of the undertaking into a controlled undertaking based on the provisions of § 83⁷ of this Act and subsection 2 of this section.

(2) The issuer of activity licence may prohibit, by its decision, acquisition and increase of the qualifying holding and gaining control over the undertaking if:

1) the acquirer does not conform to the requirements provided in § 83⁵ of this Act;

2) the acquirer fails to submit the required information to the issuer of activity licence by the due date;

3) the applicant for an activity licence knowingly submits false information, fails to submit information or submits incomplete information;

4) on the basis of the information submitted the issuer of activity licence cannot exclude a reasonable doubt that the acquisition is inappropriate and does not comply with the requirements provided in this Act;

5) the undertaking will become an undertaking controlled by a person residing or located outside the European Union and sufficient supervision is not exercised over the person in the country of residence or location of the person or the supervisory authority of the third country has no legal basis or possibility to cooperate with the issuer of activity licence;

6) the acquirer is controlled by a person not mention to the issuer of activity licence.

(3) If the circumstances specified in subsection 2 of this section become evident after acquisition or increase of qualifying holding or gaining control over the undertaking, the issuer of activity licence may make a decision according to which acquisition of qualified holding or gaining control over the undertaking is deemed to be contrary to this Act.

(4) If the circumstances provided in subsection 2 or 3 of this section exist, the issuer of activity licence has the right to prohibit, by its decision, the acquirer of a qualifying holding from exercising voting rights or other rights enabling control regarding the undertaking until the making of a decision, or restrict such exercise.

§ 83⁹. Consequences of illegal acquisition of holding

(1) As a result of a transaction by which a qualifying holding is acquired or increased, the person does not acquire the voting rights determined by the shares and the votes represented by the shares are not included in the quorum of the general meeting if:

1) the transaction is contrary to a decision made by the issuer of activity licence;

2) the issuer of activity licence has made a decision specified in subsection 3 or 4 of § 83⁸ of this Act;

3) the issuer of activity licence has not been informed of the transaction pursuant to the procedure provided in §§ 83⁶ and 83⁷ of this Act;

4) the transaction is conducted before acquisition of qualifying holding is permitted pursuant to this Act.

(2) If any of the circumstances specified in subsection 1 of this section exist as a result of a transaction, the person will not have any rights which would entitle the person to gain control over the undertaking.

(3) If voting rights representing a holding acquired or increased by a transaction in the case of which any of the circumstances specified in subsection 1 of this section exist are included in the quorum of the general meeting and influence the adoption of a resolution of the general meeting, the resolution of the general meeting is void.

(4) Upon exercise of the rights enabling control arising from a transaction by which an undertaking is turned into an undertaking controlled by a person and in the case of which any of the circumstances specified in subsection 1 of this section exist, the exercise of said rights is void.

§ 83¹⁰. Giving notification of insolvency problems

The management board of an undertaking engaged in the handling of a military weapon, a weapons system, ammunition of military weapons or munition is required to notify the issuer of activity licence of the undertaking’s solvency problems. The notice must be submitted along with a plan on how the requirements provided by this Act are planned to be complied with in the future.

§ 83¹¹. Giving notification of bankruptcy and course of bankruptcy proceedings or reorganisation

(1) Irrespective of its country of location, the court hearing the bankruptcy matter of an undertaking engaged in the handling of a military weapon, a weapons system, ammunition of military weapons or munition or the interim trustee in bankruptcy or the trustee in bankruptcy (hereinafter trustee) must notify the issuer of activity licence if the court:

1) appoints an interim trustee in bankruptcy;

2) declares the bankruptcy of the undertaking and appoints a trustee in bankruptcy;

3) approves the trustee in bankruptcy appointed pursuant to subsection 2 or 3 of § 61 or subsection 3 of § 68 of the Bankruptcy Act;

4) terminates the proceedings by abatement without declaring bankruptcy;

5) in order to avoid abatement of the proceedings, determines the option to pay a deposit for covering the costs of the bankruptcy proceedings;

6) approves a decision to terminate the activities of the undertaking;

7) approves a decision to dissolve the legal person.

(2) The notice specified in subsection 1 of this section must set out the same information as the Bankruptcy Act requires to be presented in a bankruptcy notice or another notice.

(3) In addition to the persons set out in clause 5 of subsection 3 of § 55 of the Bankruptcy Act, the trustee must also report on their activities and provide information concerning the bankruptcy proceedings to the issuer of activity licence.

(4) A reorganisation adviser is required to notify the issuer of activity licence of the undertaking’s decision, activity or transaction if it is suspected of not complying with the requirements provided by this Act.

§ 83¹². Contesting appointment of trustee in bankruptcy

(1) The issuer of activity licence has the right to apply for the release of a trustee in bankruptcy approved according to subsections 1–3 of § 61 or subsection 3 of § 68 of the Bankruptcy Act at any given time after receiving a notice of approval of the trustee if the issuer of activity licence suspects that the trustee approved by the general meeting of creditors or court does not comply, in the course of the bankruptcy proceedings, with the security requirements provided by law with the diligence expected of an accurate and honest trustee or that the trustee is not a reliable person for conducting the bankruptcy proceedings of an undertaking engaged in the handling of a military weapon, a weapons system, ammunition of military weapons or munition.

(2) In addition to subsection 2 of § 68 of the Bankruptcy Act, the court also releases the trustee on the basis of an application of the issuer of activity licence.

§ 83¹³. Validity of activity licence

(1) An activity licence issued to an undertaking before the undertaking became insolvent is valid until the expiry of the activity licence or until the court approves a decision on termination of the activities of the undertaking according to subsection 6 of § 129 of the Bankruptcy Act or a decision to dissolve the legal person according to subsection 2 of § 130 of the Bankruptcy Act.

(2) If an activity licence becomes invalid during bankruptcy proceedings due to its expiry, the trustee has the right to apply for a new activity licence if all the requirements provided in Subchapter 6 of this Chapter are met, including the trustee meets the requirements provided for members of the management board of an undertaking.

§ 83¹⁴. Exceptions to obligations and rights of trustee

(1) A trustee must ensure the storage of a military weapon, a weapons system, ammunition of military weapons, munition and their essential components which form part of a bankruptcy estate pursuant to the procedure and on the conditions provided by this Act.

(2) A trustee may sell a military weapon, a weapons system, ammunition of military weapons and munition which form part of a bankruptcy estate only with the consent of the issuer of activity licence to a person who has been granted by this Act the right to acquire, own and possess a military weapon, a weapons system, ammunition of military weapons or munition.

(3) A transaction relating to bankruptcy proceedings, if the transaction is transfer of a military weapon, a weapons system, ammunition of military weapons, munition or their essential components, may not be conducted through a representative if the buyer cannot be identified.

(4) If a trustee uses a representative and an assistant in performing acts and entering into transactions relating to bankruptcy proceedings, the trustee is required to apply for the consent of the issuer of activity licence in addition to the consent of the bankruptcy committee provided in subsection 2 of § 62 of the Bankruptcy Act.

(5) A trustee has the right to conclude with the Police and Border Guard Board, the Defence Forces or an undertaking who holds an activity licence for an activity provided in clause 1, 5 or 6 of subsection 1 of § 83³³ of this Act a contract for storing military weapons, a weapons system, ammunition of military weapons or munition on their territory, or with the Police and Border Guard Board, the Defence Forces or the Defence League a contract for guarding the territory of a bankrupt company. The consent of the issuer of activity licence must be applied for prior to the conclusion of the contract with the undertaking.

§ 83¹⁵. Exceptions to transfer of bankruptcy estate

(1) Military weapons, a weapons system, ammunition of military weapons, munition and their essential components may be transferred with the consent of the issuer of activity licence and the Strategic Goods Commission only to the armed forces of the state or another undertaking who has the right to handle such goods. The conditions and procedure provided by this Act and the Strategic Goods Act are taken into account upon the transfer of military weapons, a weapons system, ammunition of military weapons, munition and their essential components to outside Estonia.

(2) If military weapons, a weapons system, ammunition of military weapons, munition or their essential components cannot be transferred within the period of time provided in subsection 3 of § 8 of this Act, they are destroyed. The destruction is arranged by the Police and Border Guard Board pursuant to the requirements established under § 83⁵⁹ of this Act. The costs of destruction are covered by the undertaking.

§ 83¹⁶. Specification of transfer of undertaking’s shares and undertaking

(1) The shares of an undertaking who handles military weapons, a weapons system, ammunition of military weapons or munition, which constitute a qualifying holding for the purposes of § 9 of the Securities Market Act, may only be transferred to a person who meets the requirements provided in § 83⁵ of this Act.

(2) For the transfer of an undertaking who handles military weapons, a weapons system, ammunition of military weapons, munition or their essential components or an organisationally independent part thereof it is necessary to apply for the consent of the issuer of activity licence in addition to the consent of the bankruptcy committee set out in subsection 1 of § 141 of the Bankruptcy Act.

(3) An undertaking who handles military weapons, a weapons system, ammunition of military weapons, munition or their essential components or an organisationally independent part thereof may only be transferred to a legal person who meets the requirements provided in § 83³⁴ of this Act.

§ 83¹⁷. Validity of transaction and act

Failure to apply for the consent of the issuer of activity licence and of the Strategic Goods Commission required by this Act renders the relevant transaction or act null and void.

§ 83¹⁸. Giving notification of intention to enter into contract with contracting entity located outside Estonia, information submitted and verification of information submitted

(1) An undertaking engaged in the handling of a military weapon, a weapons system, ammunition of military weapons or munition must notify the commission provided in subsection 1 of § 8 of the Strategic Goods Act (hereinafter Strategic Goods Commission) of the undertaking’s intention to enter into a contract with a contracting entity located outside Estonia, and must submit the information provided in subsection 4 of this section. It is required to notify of the intention to enter into a contract the purposeful performance of which means that military weapons, a weapons system, ammunition of military weapons or munition are imported to or exported from Estonia as goods or it is done as provision of service.

(2) Notification of the intention to enter into a contract specified in subsection 1 of this section must also be given if the contract is entered into through a broker set out in subsection 1 of § 49 of the Strategic Goods Act. The Strategic Goods Commission may also be notified of the intention to enter into a contract by the broker if the broker has all the information provided in subsection 4 of this section.

(3) Giving notification does not substitute for the requirement for the undertaking specified in subsection 1 of this section to apply for a special authorisation provided in § 6 of the Strategic Goods Act.

(4) The undertaking specified in subsection 1 of this section must submit in the undertaking’s notification to the Strategic Goods Commission at least the following information:

1) the name, registry code, address, phone number, e-mail address and website address of the undertaking engaged in the handling of a military weapon, a weapons system, ammunition of military weapons or munition (hereinafter person giving notification);

2) the name, registry code, address, phone number, e-mail address and website address of the other party to the contract;

3) the draft contract or in the absence thereof the purpose, content and term of the contract;

4) the planned date of entry into the contract;

5) the quantity of the military weapons, weapons system, ammunition of military weapons or munition that are the object of the contract;

6) the category symbol and number of the list of strategic goods;

7) the name, phone number and e-mail address of the contact person and representative of the person giving notification;

8) information on the activity licence issued for the handling of a military weapon, a weapons system, ammunition of military weapons or munition: number and date of expiry of the activity licence.

(5) The Strategic Goods Commission has the right to demand the submission of other relevant information in addition to the information set out in subsection 4 of this section.

(6) If within 20 working days after receiving the notification set out in subsection 4 of this section the Strategic Goods Commission has not demanded the submission of other relevant information or prohibited the entry into a contract, the Strategic Goods Commission is deemed to not have any objections to the entry into a contract.

(7) If the Strategic Goods Commission has demanded the submission of other relevant information, the time for reviewing the information submitted together with the notification is extended by the term granted for the submission of other relevant information or by the number of days it takes for the person giving notification to submit the required information.

§ 83¹⁹. Bases for prohibiting entry into contract with contracting entity located outside Estonia

(1) The Strategic Goods Commission may prohibit the entry into a contract with a contracting entity located outside Estonia on the same circumstances and bases as it would rely on to refuse to grant to a handler of a military weapon, a weapons system, ammunition of military weapons or munition the special authorisation provided in § 6 of the Strategic Goods Act.

(2) If the person giving notification fails to submit to the Strategic Goods Commission other required relevant information, the Strategic Goods Commission prohibits the entry into a contract with a contracting entity located outside Estonia on the basis provided in clause 7 or 8 of subsection 2 of § 19 of the Strategic Goods Act.

§ 83²⁰. Consequences of failure to give notification of intention to enter into contract with contracting entity located outside Estonia

(1) A contract entered into with a contracting entity located outside Estonia for the handling of a military weapon, a weapons system, ammunition of military weapons or munition is null and void if the undertaking fails to notify the Strategic Goods Commission of the intention to enter into a contract or fails to submit to the Strategic Goods Commission any additional information required.

(2) The Strategic Goods Commission may refuse to grant the special authorisation provided in § 6 of the Strategic Goods Act under clause 8 of subsection 2 of § 19 of the same Act due to loss of confidence.

§ 83²¹. Requirements for form of operation

(1) An undertaking who handles a military weapon, a weapons system, ammunition of military weapons or munition is a public limited company or private limited company entered in the Estonian commercial register as well as a similar legal person founded in a Member State of the European Union, Contracting Party to the EEA Agreement or the Swiss Confederation.

(2) The paid-in share capital of the undertaking who handles a military weapon, a weapons system, ammunition of military weapons or munition must be no less than 25,000 euros.

§ 83²². Seat of undertaking

(1) The seat of an undertaking and the management board thereof must be in Estonia.

(2) The undertaking’s partnership agreement or articles of association must determine that the undertaking and the management board thereof are in Estonia.

§ 83²³. Requirements for managers

(1) The managers of an undertaking are deemed to be the members of the undertaking’s management board and supervisory board and the undertaking’s procurator. The undertaking’s manager is also deemed to be another person who performs the duties that are usually performed by a member of the management board.

(2) As manager of an undertaking may be elected or appointed only a person in respect of whom the circumstances provided in clauses 5–8 of subsection 1 and in subsection 1¹ of § 40 of this Act have not been established and who is:

1) a citizen of a European Union Member State; or

2) a citizen of a NATO Member State; or

3) a citizen of an OECD Member State; or

4) a citizen of a state with whom the Republic of Estonia has concluded an agreement for mutual protection of classified information; or

5) a citizen of another state to whom the Ministry of Defence, with the approval of the Ministry of the Interior, has granted a consent for making an exception to clauses 1–4 of this subsection.

(2¹) The reasons underlying an administrative decision issued according to clause 5 of subsection 2 of this section, likewise information and evidence collected in proceedings are not disclosed, including to the applicant, to the extent this may jeopardise the safety of an institution founded by the Republic of Estonia, the European Union, the NATO, another foreign state or another international organisation or an international agreement, or the protection of public order, or to the extent it is subject to a restriction on access provided by law.

(3) The manager of an undertaking is required to put the preservation of public order and security above the economic interests of the undertaking and those of the manager.

(4) An undertaking is required to notify the issuer of activity licence of the intention to replace a member of the management board, a member of the supervisory board or a procurator, submitting at least 20 working days before deciding on the matter information concerning the possible new member of the management board, member of the supervisory board or procurator according to subsections 1–4 of § 83²⁹ of this Act. The information is verified according to § 83²⁸ and 83²⁹ of this Act.

§ 83²⁴. Requirements for employees

(1) An employee of an undertaking may not be a person:

1) who has been punished pursuant to criminal or misdemeanour procedure for a criminal offence in the first degree, an offence against the state or an offence relating to narcotics or for an offence committed by using an explosive, a pyrotechnic article, ammunition or a firearm if information concerning their punishment has not been deleted from the criminal records database according to the Criminal Records Database Act;

2) who is wanted for or suspected or accused of committing the criminal offences set out in clause 1 of this subsection;

3) concerning whom there is information or reason to believe that they belong to a criminal organisation or a terrorist organisation or that they have committed or may commit an act of terrorism or that they are associated with financing or supporting an act of terrorism or with money laundering.

(2) The subcontractors and service providers of an undertaking are subject to the same requirements as applied to the employees of an undertaking.

(3) An employee who is directly exposed to an explosive substance upon the handling of ammunition or munition must meet the health requirements set for a blaster under subsection 2 of § 21 of the Explosives Act.

(4) An employee who comes into direct contact with military weapons must meet the health requirements established under subsection 4 of § 35¹ of this Act.

(5) The conformity of a person’s state of health with the health requirements provided in subsections 3 and 4 of this section must be determined before commencing employment and at regular intervals after every two years during the time of employment by a medical examination and it must be certified by a health certificate. A medical examination is carried out by an occupational health doctor who involves a psychiatrist and, if necessary, other medical specialists. The expenses of medical examinations and issue of health certificates are covered by the undertaking.

(5¹) The medical examination provided in subsection 5 of this section need not be had by a person who holds a valid weapons permit issued under this Act or a valid permit to carry a weapon allotted to the Defence League issued under the Estonian Defence League Act.

(6) The employees of an undertaking are required to put the preservation of public order and security above the economic interests of their employer and those of themselves.

(7) An undertaking is required to notify the issuer of activity licence of the intention to replace an employee or employ a new employee, submitting at least 20 working days before deciding on the matter information concerning the possible new employee according to subsections 1–4 of § 83²⁹ of this Act. The information is verified according to §§ 83²⁸ and 83²⁹ of this Act.

§ 83²⁵. Requirements for person responsible

(1) In the area of activity in their competence, the person responsible must do, supervise or manage work independently and is liable for it, present technical opinions on their own behalf, also on behalf of the undertaking when acting for the benefit of the undertaking, and, if necessary, must organise the division of resources and the work of others.

(2) As person responsible may be appointed a natural person:

1) who is an Estonian citizen or a foreign national who meets the conditions provided in subsections 2 and 2¹ of § 30 of this Act;

2) who meets the requirements provided in subsections 1 and 3–5 of § 83²⁴ of this Act;

3) whose permanent place of employment is in Estonia.

(4) If an undertaking is engaged in the handling of a military weapon or a weapons system, the person responsible must have passed the examination on knowledge of legislation governing the handling of a military weapon and a weapons system with a positive result.

(4¹) The organiser, scope and conditions of and the procedure for conducting the examination on knowledge of legislation governing the handling of a military weapon and a weapons system are established by a regulation of the Government of the Republic.

(4²) The person responsible must take the examination specified in subsection 4 of this section every five years.

(4³) Before taking the examination specified in subsection 4 of this section the person responsible must pay a state fee.

(5) If an undertaking is engaged in the handling of ammunition or munition, the qualification of the person responsible is assessed pursuant to the procedure provided in the Explosives Act.

(6) The person responsible may not act as the person responsible for several undertakings at the same time or be liable for several handling sites if the person’s workload prevents them from therefore correctly performing their duties.

(7) The person responsible is required to put the preservation of public order and security above the economic interests of their employer and those of the person responsible.

(8) An undertaking is required to notify the issuer of activity licence of the intention to replace the person responsible, submitting to the issuer of activity licence at least 20 working days before deciding on the matter information concerning the possible new person responsible according to subsections 1–4 of § 83²⁹ of this Act. The information is verified according to §§ 83²⁸ and 83²⁹ of this Act.

§ 83²⁶. Undertaking’s internal rules and rules of procedure

An undertaking who handles military weapons, a weapons system, ammunition of military weapons or munition must establish internal rules and rules of procedure that govern the activities of managers, the person responsible and employees, where, among other things, the following must be set out:

1) the procedure for the movement of information and documents in the undertaking;

2) the procedure for the preparation and submission of reports;

3) the procedure for internal audit;

4) the procedure for keeping record of military weapons, a weapons system, ammunition of military weapons and munition.

§ 83²⁷. Undertaking’s liability insurance

(1) An undertaking who handles military weapons, a weapons system, ammunition of military weapons or munition must have liability insurance for the compensation for possible non-contractual or unlawful damage caused to a third party (hereinafter aggrieved party) as a result of handling of a military weapon, a weapons system, ammunition of military weapons or munition.

(2) A liability insurance contract must meet the following conditions:

1) the insurance contract is concluded with an insurer who has the right to insure an insurable risk located in Estonia;

2) the insurance contract covers at least direct proprietary damage and loss of profit in case of damage to health, bodily injury or causing of death, unless otherwise provided by law;

3) an insured event is an unexpected event related to the handling of a military weapon, a weapons system, ammunition of military weapons or munition that the undertaking is in charge of, which arises from the characteristics of the military weapon, weapons system, ammunition of military weapons or munition handled and as a result of which the aggrieved party is caused the damage set out in clause 2 of this subsection.

(3) An undertaking chooses a sum insured that is reasonable considering the site related to the handling of a military weapon, a weapons system, ammunition of military weapons or munition, the quantity and the manner of handling of military weapons, a weapons system, ammunition of military weapons or munition, the extent of activities and possible damage arising therefrom and other circumstances. The sum insured must cover at least the requirements covered by clause 2 of subsection 2 of this section and be no lower than 400,000 euros.

(4) A liability insurance contract concluded under this Act need not cover damage caused:

1) by the worsening of the quality of the environment through the fault of the undertaking, except for reasonable expenses relating to first rescue operations for elimination of initial damage and prevention of greater damage;

2) to property in the possession of the operator, except in the case provided in subsection 1 of this section;

3) due to a defective product in the possession of the aggrieved party whereby the provisions of § 1061 of the Law of Obligations Act apply;

4) as a result of an insured event wilfully caused by the aggrieved party.

(5) The insurer has the right to refuse to conclude a liability insurance contract if the undertaking refuses to submit a risk analysis and other evidence that the insurer considers important for identifying the circumstances related to assessing the insurable risk.

§ 83²⁸. Requirement for background check

(1) A background check is done to verify the compliance with the following requirements provided in this Act:

1) requirements provided in § 83⁵ for a person having a qualifying holding;

2) requirements provided in subsection 2 of § 83²³ for managers of an undertaking;

3) requirements provided in subsections 1 and 2 of § 83²⁴ for an undertaking’s employee, subcontractor and service provider who have access to military weapons, weapons systems, ammunition of military weapons, munition or their essential components or information relating thereto;

4) requirements provided in subsection 2 of § 83²⁵ for the person responsible of an undertaking.

(2) For the purposes of this Act, a background check means the processing of a person’s data for the purposes of ensuring public and constitutional order and national security in the following cases:

1) to verify the personal economic activity requirement within the subject of review of the activity licence;

2) to assess the suitability of the person for acquiring a qualifying holding in an undertaking engaged in the handling of a military weapon, a weapons system, ammunition of military weapons or munition.

(3) The Police and Border Guard Board may forgo checking the background of a person who has a valid personnel security clearance to state secrets or personnel security clearance certificate issued under the State Secrets and Classified Information of Foreign States Act.

(4) The Police and Border Guard Board has the right to verify the occurrence of the circumstances set out in subsection 1 of this section during the validity of an undertaking’s activity licence if a reasonable doubt has arisen in respect of a person who has undergone a background check that while being involved with the undertaking circumstances have arisen which would preclude allowing them to be employed or them to acquire a qualifying holding.

(5) The Police and Border Guard Board notifies the Estonian Internal Security Service of a background check. The Estonian Internal Security Service forwards to the Police and Border Guard Board the relevant information significant for verifying the circumstances specified in subsection 1 of this section, unless it is contradictory to the objectives of the security authority or the conditions of processing of information.

§ 83²⁹. Information submitted for background check and term of proceedings

(1) For a background check the person being checked must fill in a personal profile or submit the information and documents set out in subsections 1–3 of § 83⁷ of this Act to the issuer of activity licence. The Consumer Protection and Technical Regulatory Authority forwards the information and documents submitted by the person being checked to the Police and Border Guard Board.

(2) For checking the occurrence of the circumstances specified in subsection 1 of § 83²⁸ of this Act, a person being checked must provide in their personal profile the following information:

1) given name and surname;

2) personal identification code, or in the absence thereof date of birth;

3) state, county, rural municipality and city of place of birth;

4) given names and surnames formerly used, including maiden name, and reasons for changing them;

5) particulars of means of telecommunication, such as telephone number, e-mail address, user name;

6) particulars of passport or ID card;

7) particulars of former places of residence and current actual place of residence;

8) marital status;

9) particulars specified in clauses 1–3 of this subsection concerning close persons;

10) information on education;

11) particulars of former employment and current employment;

12) information concerning military service and military training in Estonia and abroad;

13) information concerning criminal sanctions or sanctions for a misdemeanour regardless of when these were imposed;

14) information concerning on-going criminal or misdemeanour proceedings;

15) particulars of a suspect or an accused in criminal proceedings.

(3) If a person being checked resides in Estonia, they must submit along with their personal profile information on their place of residence and employment set out therein and documents proving their education and information concerning their punishments or an official confirmation of lack thereof from all countries of residence set out in the personal profile where they have lived for at least six months, except for Estonia, unless it arises otherwise from an international agreement.

(4) A person living outside Estonia who applies for or who has received a targeted offer to commence employment with the undertaking must submit along with their personal profile information on their place of residence and employment set out therein and documents proving their education and information concerning their punishments or an official confirmation of lack thereof from all countries of residence set out in the personal profile where they have lived for at least six months. The documents submitted must be translated into Estonian or English and certified (Apostille), unless it arises otherwise from an international agreement.

(5) A list of information set out in a personal profile and a sample profile are established by a regulation of the minister in charge of the policy sector.

(5¹) Personal data collected for a background check is retained for ten years after the check. After the expiry of said period of time the data is deleted.

(6) The information specified in subsections 2–4 of this section is verified within 20 working days as of the receipt of all the information and documents. If the background check requires an inquiry to an international organisation, a foreign country, a local government authority, an educational institution or another relevant authority, the term for notifying of the results of the background check may be extended by up to 40 working days. The Police and Border Guard Board notifies the issuer of activity licence in writing of circumstances identified by the background check that are specified in subsection 1 of § 83²⁸ of this Act if it is not contradictory to the conditions of processing of information.

(7) An undertaking is to submit to the issuer of activity licence a list of the undertaking’s employees, subcontractors and service providers who have access to military weapons, weapons systems, ammunition of military weapons, munition and their essential components or information relating thereto.

§ 83³⁰. Elimination of deficiencies in information submitted

(1) If a person being checked fails to provide the required information in the profile or if the information submitted by the person has deficiencies, the person conducting the background check may grant up to five working days for the elimination of deficiencies.

(2) If the person being checked fails to eliminate the deficiencies within said time limit, the person conducting the background check may refuse to review the application or another declaration of intention that prompted the background check and must notify the undertaking thereof.

§ 83³¹. Collection of data by means of surveillance activities, enquiry to communications undertaking and disclosure of personal data

(1) The Police and Border Guard Board may collect personal data concerning an acquirer of a qualifying holding in an undertaking who handles military weapons, a weapons system, ammunition of military weapons or munition and concerning an applicant for an activity licence or concerning persons presented after the issue of an activity licence to the applicant for an activity licence by means of surveillance activities specified in subsection 1 of § 126³ of the Code of Criminal Procedure and by means of an enquiry to the communications undertaking concerning the information provided in subsections 2 and 3 of § 111¹ of the Electronic Communications Act if this is needed for deciding on allowing the acquisition of a qualifying holding or the issue, suspension or revocation of an activity licence.

(2) Personal data collected in the course of a background check may be disclosed pursuant to the procedure provided in the Public Information Act to state authorities only for the purpose of background checks or security checks.

§ 83³². Data processing

Upon conducting a background check, the person conducting the background check may process the public or restricted information in databases concerning the person being checked as well as data disclosed on a computer network, media, social media, in search engines and databases established on private law bases insofar as necessary to assess the suitability of the addressee of the background check and to assess the compliance with the requirements provided in § 83⁵, § 83¹⁹, subsection 2 of § 83²³, subsection 1 or 2 of § 83²⁴ or subsection 2 of 83²⁵ of this Act.

§ 83³³. Authorisation obligation

(1) An activity licence is required for engaging in the following areas of activity:

1) manufacture of military weapons, essential components thereof or munition not containing an explosive substance;

2) conversion of a military weapon, a weapons system or their essential components as provision of service;

3) transport of a military weapon, a weapons system, their essential components, ammunition of military weapons or munition;

4) manufacture of a weapons system or its essential component;

5) provision of the service of storage of ammunition or munition;

6) manufacture of ammunition, or munition containing an explosive substance.

(2) An activity licence for the manufacture of a military weapon, a weapons system, their essential component, ammunition of military weapons or munition also grants the undertaking the right to sell, transport, maintain and repair a self-made military weapon, weapons system or their essential component and to sell and transport self-made ammunition of military weapons or munition.

(3) An undertaking who holds an activity licence issued by another Contracting Party to the EEA Agreement must also hold an activity licence specified in subsection 1 of this section. An activity licence is also required if the activity is temporary.

(3¹) An undertaking who provides the service specified in clause 3 of subsection 1 of this section and to whom an activity licence has been issued in another European Union Member State is not subject to the requirement specified in subsection 3 of this section.

(4) An activity licence is issued for up to five years.

(4¹) An activity licence that expires during an emergency situation will remain in effect during the emergency situation and for 60 days after the end of the emergency situation.

(5) An activity licence is not transferable and the use thereof by another undertaking or person is prohibited.

§ 83³⁴. Subject of review of activity licence

An undertaking is issued with an activity licence provided in clauses 1–6 of subsection 1 of § 83³³ of this Act if the undertaking meets the following requirements:

1) the undertaking is a legal person founded in a Member State of the European Union, a Contracting Party to the EEA Agreement or the Swiss Confederation;

2) the undertaking’s share capital amounts to at least 25,000 euros;

3) the undertaking’s share capital has been paid in before applying for an activity licence;

4) the seat of the undertaking and the management board thereof are in Estonia;

5) the undertaking’s shareholders, including indirect shareholders, procurator, management board and supervisory board members and another person with dominant influence over the management of the legal person meet the requirements provided in § 83⁵ and subsection 2 of § 83²³ of this Act;

6) the undertaking’s person responsible meets the requirements provided in subsection 2 of § 83²⁵ of this Act;