Area: Javna uprava
Competent authority: MNZ
EZU URL: .nan
Initiative ID: 940
Initiative accepted and completed: .nan
Initiative classified in EZU: .nan
Initiative forwarded in response: '2019-04-15'
Initiative published: '2019-04-15'
Initiative submitted: '2019-04-03'
Response from the competent authority: Reply from the Ministry of the Interior:The
  TOR programme needs to be continuously adapted to new market conditions, which is
  why two upgrades of TOR were carried out in 2016 at the initiative of arms dealers.
  The upgrade notifications were sent to the dealers on 20 January 2016 and 14 June
  2016. This included the creation of a Supplier and Buyer Data Entry Codebook for
  suppliers and buyers, which is edited by each dealer for its own needs and allows
  already entered and stored suppliers and buyers to be automatically transferred
  to the desired Supplier Data Entry and Ammunition Buyer Data Entry transaction.
  In the case of the same supplier, the transaction offers the possibility to re-enter
  the same supplier with all data except the quantity and calibre of the ammunition
  after the entry has been completed. An option is also given to correct any data
  entered. In case the next supplier of ammunition is not the same, the software allows
  to go to the list of suppliers to select or enter the supplier. The same options
  are also available for the realisation process, which allows the entry of customer
  data for several weapons and ammunition items on the desired transaction or the
  data of the last customer is automatically transferred to the required fields. In
  the event that the next purchaser of ammunition is not the same, the software allows
  to go to the list of purchasers to select or enter the purchaser; only the date
  of purchase and the licence entitling the purchaser to purchase ammunition need
  to be completed.The above comments of the complainant regarding the lengthy data
  entry in TOR have thus already been largely taken into account in the upgrades of
  TOR described above, as these updates have significantly reduced the data entry
  time. The Ministry of the Interior will continue to carefully consider all comments
  and take them into account where possible. Thus, the possibilities for faster and
  more transparent data entry in TOR are also being considered, also in the light
  of the above-mentioned proposals, namely to upload, together with the data on the
  last purchaser, the data on the licence under which the purchaser is entitled to
  purchase ammunition, to make the stock of ammunition more clearly visible or to
  enable a more detailed listing of the ammunition stock, the possibility to enter
  additional data in the supplier and purchaser codebook, etc., and to provide a more
  detailed overview of the ammunition stock.Additional explanatory notes:We would
  like to clarify that weapons are dangerous objects which can pose an immediate threat
  to the life, health and safety of people and to public order; in order to prevent
  the negative consequences of owning and carrying weapons, the legislator tries to
  protect the public interest through various instruments, such as imposing conditions
  for the acquisition, possession and carrying of weapons, laying down rules on the
  registration of weapons, etc. In order to prevent the negative consequences of owning
  and carrying weapons, the legislator tries to protect the public interest by means
  of various instruments, such as imposing conditions for the acquisition, possession
  and carrying of weapons, imposing rules on the registration of weapons, etc. Since
  Article 3 of the Law on Arms and Weapons provides that ammunition and components
  of ammunition (cartridge cases, primers and propelling powder) are to be considered
  as weapons, the legislator has also laid down procedures relating to ammunition
  in order to protect human life, health and safety and public order. Thus, Article
  40 of the Law on Arms and Ammunition provides, inter alia, that an arms dealer (companies
  and entrepreneurs licensed by the Ministry of the Interior to carry out the business
  of arms traffic or trade in arms and ammunition) may sell ammunition only to a person
  who holds an arms certificate for the purchase of such arms, ammunition and parts.
  However, a dealer may only market newly manufactured ammunition if it has been tested,
  stamped and marked in accordance with the regulations on testing and stamping or
  marking of small arms and ammunition (each individual basic package of all ammunition
  must be marked to indicate the name of the manufacturer, the identifying serial
  number, the calibre and the type of ammunition). However, the import, export, transit
  and transfer of ammunition between Member States of the European Union between dealers
  requires prior consent or authorisation for import, export, transit or transfer
  from the Ministry of the Interior (Article 31 of the Law on Explosives and Pyrotechnic
  Articles (Official Gazette of the Republic of Slovenia, No 35/08 and 19/15)). It
  should also be noted that the purchase of ammunition by an individual is subject
  to certain restrictions. For the individual, this restriction means that the purchase
  of a certain type of ammunition is linked to the possession of the specific weapon
  for which the ammunition is used, the legality of the weapon, the type of weapon
  document issued for that weapon (weapon certificate, possession licence, etc.) and
  the legitimate reason for issuing the weapon document. Furthermore, account must
  also be taken of the fact that a licence to possess a weapon is also issued for
  a weapon which is unsafe to use or is inoperable, but which does not have the status
  of an inoperative weapon within the meaning of the last paragraph of Article 3 of
  the Weapons Act. These criteria are followed by the provision of Article 47 of the
  Law on Firearms-1, according to which an individual may purchase ammunition for
  hunting, sporting or safety weapons on the basis of a weapon certificate for those
  weapons. However, an individual who does not have this type of weapon document for
  a weapon may be granted a licence by the administrative authority to purchase ammunition
  only exceptionally, namely if he or she holds another type of weapon document (possession
  licence, notification certificate, etc.) for a weapon that has been tested and stamped
  in accordance with the regulations on testing and stamping or marking of handguns
  and ammunition. However, a legal person and an individual entrepreneur may purchase
  ammunition for hunting, sporting or safety weapons on the basis of a weapons possession
  certificate for these weapons.In order to ensure the effective traceability of weapons,
  their essential components and ammunition from the manufacturer to the purchaser
  and to exercise control over the circulation of weapons and ammunition (sales and
  purchases), the Law on Firearms and Ammunition (ZOro-1) requires arms dealers to
  keep appropriate records established and maintained in the framework of a centralised
  computerised database (TOR). Thus, Chapter X (Articles 72 to 79) of the TOR regulates
  the records to be kept by arms dealers, namely records of weapons manufactured,
  repaired, converted and modified, records of the purchase of weapons for resale,
  records of the storage and safekeeping of weapons, records of the sale of weapons
  at wholesale and retail and records of notification certificates and certificates
  issued. These records contain information on the person and the weapon (Article
  77 of the Law on Arms and Weapons). Within these records, a record is also kept
  of the ammunition purchased and sold. Article 77(4) of the Law on Arms and Weapons
  (LAW-1) further stipulates that arms dealers are obliged to transmit the data from
  the aforementioned records to the central database (TOR) maintained by the Ministry
  of the Interior and that the Minister of the Interior shall prescribe the manner
  of maintaining the central database, the transmission of the data and the technical
  conditions for the computerised equipment for the transmission of the data referred
  to in the preceding paragraph (Article 77(5)). Furthermore, Article 38 (Transitional
  and Final Provisions) of the Law on Amendments and Additions to the Law on Arms
  (Official Gazette of the Republic of Slovenia, No 85/09) provides, inter alia, that
  the Ministry of the Interior shall, by 30 June 2014 at the latest, ensure the establishment
  and maintenance of a centralised computerised database enabling the keeping of the
  records referred to in Article 77 of the Law on Arms and Arms, and that dealers
  shall be obliged to establish such records by 31 December 2014. Prior to that, arms
  dealers were required to keep records relating to ammunition in book form, namely
  a book of ammunition purchased for categories B, C and D, items 1-5, and a book
  of ammunition sold for categories B, C and D, items 1-5 (Article 55 of the Regulations
  for the Implementation of the Arms Act). Article 77(4) and (5) and Article 78(5)
  and (6) of the Arms Act provide for the maintenance of records relating to ammunition
  in book form. Article 78, paragraphs 77 and 78, and Article 78, paragraphs 77 and
  77, of the Weapons Act were introduced into the Slovenian legal order by the Act
  on Amendments and Additions to the Weapons Act (ZOro-1B) (Official Journal of the
  RS, No 85/2009), in order to transpose the provisions of Directive 2008/51/EC of
  the European Parliament and of the Council of 21 May 2008.Ammunition is therefore
  also considered as a weapon and is not for free sale, and the above-mentioned dealers'
  registers are the basis on which an effective exchange of information between dealers
  on the one hand and the national competent authorities on the other hand can be
  carried out or, alternatively, a systematic trace of firearms and their essential
  components and ammunition from the manufacturer to the purchaser can be made, which
  helps the competent authorities to detect, investigate and analyse illicit production
  and trafficking of weapons and to comply with the above-mentioned provisions of
  the Law on Firearms and Ammunition (ZOro-1). Furthermore, the above provisions are
  in line with international instruments, i.e. the Protocol on the Illicit Manufacturing
  of and Trafficking in Firearms, Their Components and Ammunition, supplementing the
  United Nations Convention against Transnational Organised Crime (Official Journal
  of the Republic of Slovenia, No. 48/2004) and Council Directive 91/477/EEC of 18
  June 1991 on control of the acquisition and possession of weapons (OJ L 256, 13
  September 1991) and its amendments (the provisions of these acts were introduced
  into the Slovenian legal order through the Law on the Prohibition of the Use of
  Weapons of 18 June 1991). For the above reasons, we consider that the records related
  to ammunition cannot be abolished, or rather, we consider that they should continue
  to be kept as provided for by the legislation in force, i.e. in the case of arms
  dealers, in the framework of the centralised computerised TOR database.As regards
  the allegations that hunters and shooters who possess ammunition resell and give
  ammunition to each other and that individuals who load ammunition for their own
  use sell it to their shooting friends and acquaintances, we would like to make it
  clear that in these cases it may be illegal trade in arms or a criminal offence
  under the Criminal Code (Official Journal of the Republic of Slovenia, No 50/12
  - UPB, 6/16 - corrected version), 54/15, 38/16 and 27/17) or an offence under the
  Law on Prohibition and Restriction of Torture.
Text file: 940.txt
Title: Abolition of keeping records of ammunition sold on the MNZ server or arrangement
  of automatic transfer of records from the dealer's computer to the MNZ server.
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=940
