Area: Javna uprava
Competent authority: MNZ
EZU URL: .nan
Initiative ID: 614
Initiative accepted and completed: '2015-07-23'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2015-07-07'
Initiative published: '2015-07-07'
Initiative submitted: '2015-06-30'
Response from the competent authority: 'Reason: The weapons certificate and the permit
  to possess a weapon are among the weapons documents under Article 10 of the Weapons
  Act (Official Gazette of the Republic of Slovenia, No 23/05 - Official Consolidated
  Text and No 85/09). Both documents have the character of an administrative decision
  under Article 210(1) of the General Administrative Procedure Act (Official Journal
  of the RS, No 24/06 - Official consolidated text, 105/06 - ZUS-1, 126/07, 65/08,
  8/10 and 82/13). The latter also follows from Article 11(3) and (4) of the Weapons
  Act. According to the third paragraph of this Article of the Law, a weapon certificate
  authorises an individual to possess and carry a registered weapon and is issued
  for hunting and sporting weapons with a validity of 20 years, and for safety weapons
  with a validity of 10 years. After the expiry of its validity, the weapon certificate
  shall allow the individual to possess the weapon without the right to carry and
  transfer it. A licence to possess a weapon, however, under the fourth paragraph
  of the same Article of the Law, authorises an individual to possess and carry a
  particular weapon and to use it in a hunting ground or at a shooting range and is
  issued with permanent validity. In addition, other entitlements are derived from
  both weapons certificates, such as, in the case of a weapons possession licence,
  the acquisition of a new weapon and the registration of that weapon in the weapons
  possession licence already issued (Article 14(2) and (4) of the Law). It is, of
  course, up to each individual whether he or she will avail him or herself of the
  entitlements conferred by the above-mentioned and other provisions of the law. According
  to Article 8(4) and (5) of the Law, both documents serve as an identification document
  for the weapon, with the exception that the weapon certificate may also serve as
  an identification document for the individual who is the possessor of the weapon.
  According to the above-mentioned provisions, a person may carry a weapon if he is
  in possession of a weapon certificate, or may carry a weapon if he is in possession
  of the relevant other weapon document and a document of identification issued by
  a State authority and bearing a photograph. He must also produce this document on
  request by a police officer. The above also applies to a weapons possession certificate
  and a weapons collection permit. Due to the nature of the purpose and content of
  all the above-mentioned weapons documents, which are identification documents and
  from which various entitlements, etc. are derived, the Minister of the Interior,
  pursuant to Article 10 of the Weapons Act, has prescribed a single form for these
  documents (the forms of these documents are of the same size, colour, shape, etc.)
  and has authorised the same organisation to produce the forms of these documents,
  which is why the price of the forms of the above-mentioned documents is the same,
  i.e. EUR 13,90, and the same computer and software are used for the printing out
  of the forms of these documents.    An administrative fee is payable for the issue
  of weapons certificates under the provisions of the Administrative Fees Act, the
  amount of which is set out in Tariff No 17 and in footnote 1. It can be seen from
  this Tariff No 17 that a fee is payable for each individual weapon, with the exception
  of inherited weapons and the conversion of a weapons certificate into a possession
  licence, for which one fee is payable for all inherited weapons or for all weapons
  for which a weapons certificate is being converted into a possession licence. For
  the exchange or amendment of a weapon certificate into a possession licence, an
  administrative fee of EUR 22,66 is payable under point 1.g of Tariff No 17. To this
  amount must be added an application fee of EUR 4,54 (Tariff No 17). In our view,
  it is clear from the described structure of the costs to be borne by the holder
  of a weapon when exchanging a weapon certificate for a weapon licence that the cost
  of the weapon certificate form is part of these costs. However, it follows from
  all the above that issuing a licence to possess weapons on A4 paper may entail a
  higher cost for the owners of weapons and that such a licence would not be functional
  in all cases.'
Text file: 614.txt
Title: Licence to possess weapons
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=614
