LAW

No. 8388, dated 05.08.1998

For weapons and military munitions collection

Based on Article 16 of Law No. 7491, dated 29.04.1991 "For the main constitutional provisions," upon the proposal of the Council of Ministers,

The people’s assembly

Of the Republic of Albania

Decided

Chapter I

General provisions

Article 1

Object of the law

This law regulates the volunteer delivery, the mandatory collection, and the registration of weapons and military munitions carried without permission; [this law also] determines the measures which serve to strengthen the public order and prevent crimes.

Article 2

Principles of the weapons collection process

The weapons collection process respects the protection of the fundamental human rights and freedoms, and is accompanied by the sensitivity of the public in order to assure an understanding between citizens and political forces to achieve the goals of this law.

Chapter II

Commissions for weapons collection

Article 3

Central Commission for Weapons Collection

In order to accomplish the weapons collection process in the Republic of Albania, the Central Commission for Weapons Collection is established and is composed as follows:

• Deputy prime minister - chairman
• minister of Public Order - deputy chairman
• minister of Defense - member
• minister of local power - member
• chairman of SHIK - member
• chief of the General Headquarters of the Army - member
• general director of the police - member

Article 4

Prefecture commissions for weapons collection

The prefecture commissions for weapons collection are established at each prefecture, with the following composition:

- prefect - chairman

- directors of the police in prefectures - deputy chairman

- chairmen of the districts councils - member

- majors - member

- chief of the military units - member

Article 5

Local commissions for weapons collection

The prefecture commissions for weapons collection, considering the wide-spread problems that have to be addressed in the process of weapons collection, establish local commissions for weapons collection at the small, territorial-administrative units under the jurisdiction of the area prefecture.

Members of the local commissions are appointed by the prefect, following if possible the same structure of the prefecture commissions.

The local commissions report to their prefecture commission.

Article 6

Central Commission Duties for Weapons Collection

The Central Commission for Weapons Collection follows the weapons collection process, and analyzes the work done not less than once per month. It functions based on labor regulations which must be approved by the Council of Ministers not later than 2 weeks from the entry into force of this law.

The Central Commission for Weapons Collection, in conjunction with the government, bodies of local power, bodies of armed forces, non-governmental organizations, and international organizations, organizes national campaigns to sensitize [the public] and to voluntarily collect the weapons and military munitions. In order to organize these campaigns the Council of Ministers is in charge of issuing substatutory acts.

The Central Commission for Weapons Collection issues decisions, mandatory for the prefecture and local commissions.

Article 7

Reports of the Central Commission for the Weapons Collection

The Central Commission for Weapons Collection informs the Council of Ministers through a written report, at least once in two months, with regard to the continuity of the process, quantity and kind of weapons and military munitions [collected], and problems encountered.

The People’s Assembly may call at anytime the chairman of the Central Commission for Weapons Collection to report on the continuity of the weapons collection process.

The reports of the Central Commission for Weapons Collection are made public by means of the media bodies.

Article 8

Duties of the prefecture commission for the weapons collection

The prefecture commission follows the continuity of the weapons collection process and reports to the Central Commission for Weapons Collection not less than once per month.

Based on the instructions and decisions of the Central Commission for Weapons Collection, the prefecture commissions organize campaigns to sensitize [the public] and to voluntarily gather weapons and munitions.

The prefecture commission, in cooperation with the local commission, determines the graphic of the terrain for the police sector for weapons collection.

Chapter iii

Weapons collection and police sector for weapons collection

Article 9

Public order police for weapons collection

The police sector for weapons collection is established and depends on the General [D]irector of the Police at the Ministry of Public Order.

The police sector for weapons collection is established at the police directorates in prefectures, as well as at the police commissariats under the jurisdiction of the prefecture.

The police sectors for weapons collection are part of the public order police.

Article 10

Duties of the police sector for weapons collection

The police sector for weapons collection has the duty to voluntarily or mandatorily collect the munitions. In exercising this duty, [this sector] will be supported by other sectors of the police as well as by the military police.

Weapons and munitions collection is the primary duty of all sectors of the public order police, despite the establishment of a police sector for weapons collection.

The police sector for weapons and military munitions collection cooperates with and asks the help of the local power bodies.

Article 11

Operative duties of the public order police for weapons collection

Employees of the police sector for weapons collection call on all citizens to voluntarily deliver their weapons, and if grounds exist, control domiciles of persons or bars according to the procedures of the Criminal Procedure Code.

In special cases, the police sector for weapons collection may request from the persons who have been called on to voluntarily deliver their munitions, to declare in writing whether they carry arms and munitions without permission.

The persons that obstruct or oppose the police during their collection of weapons, and during their engagement in the above-mentioned duties, are sentenced according to the provisions of the Criminal Code.

Article 12

Role of the military police

With regard to weapons and munitions collection, the military police exercise its duties in the interest of implementation of this law.

The Minister of Defense and the Minister of Public Order, in a joint instruction, determine the role and duties of the military police, based on the police sector for weapons collection.

Article 13

Cooperation with the state bodies and citizens

The state or local power bodies and citizens, if they become aware of the location of weapons and munitions carried without permission, are obliged to notify the police sector for weapons collection as well as any other police sector.

Persons providing information regarding large quantities of hidden weapons and munitions, if the information is accurate, are compensated. The conditions for the verification, as well as the amount of compensation, shall be determined by the Council of Ministers not later than 15 days from the entry of this law into force.

Article 14

Cooperation with the prefecture commissions

The police for weapons collection, during its activity, takes into consideration the graphic terrain determined by the prefecture commission for the notifications and requests of the local power bodies and citizens.

Gathered weapons and munitions are delivered within 24 hours to the military unit determined by the prefecture commission according to the instructions of the Ministry of Defense.

Article 15

Weapons and munitions collection

The Ministry of Defense, within 5 days from the entry of this law into force, is in charge of issuing the necessary instructions for the military units concerning their duties for the acceptance, safekeeping, and administration of the gathered weapons and munitions from voluntary delivery, from the police sector for weapons collection, and from other police. The Ministry of Defense regularly informs the Central Commission of the quantity and kind of gathered weapons and munitions.

Chapter iv

Registration of weapons without permission and possession of weapons

Article 16

Persons benefiting from the right to register and possess weapons

The right to be equipped with a weapon without permission, after voluntarily registering them in advance, and [the right] to be equipped with a weapon according to this law, belongs to the following persons:

1. Directors and partners of commercial companies, domestic or foreign, registered with the Albanian courts, owning considerable capital.
2. The inhabitants of border areas that have problems with regard to pubic order and security.

The Council of Ministers defines: the kind of weapon, quantity of munitions, criteria regarding the capital of the commercial companies, border areas, areas with problems in public order and security, persons who may carry a weapon with permission, as well as the tariffs for carrying weapons.

Article 17

Registration procedures

The persons mentioned in Article 16 of this law must present two copies of a [registration] request in writing. One copy of the request is directed to the local council, and the other to the police commissariat.

The persons mentioned in letter "a" of Article 16, in conjunction with a request, must present bank attestations, attestation issued from the taxes and fees offices, as well as criminal records.

In addition to a request, the persons mentioned in item "b" of Article 16 must present criminal records and an attestation issued by the commune council in which they live.

In cases of persons carrying weapons without permission, after submission of a request, the police commissariat will issue him a temporary permission for carrying the weapon, which is valid for not more than 15 days.

Permission for carrying weapons is issued upon the decision of the police commissariat, within 15 days from the submission of a request, after considering the opinion of the local council, determining whether the person fulfilled the requirements of Article 16, as well as determining the entire personality of the requester.

Chapter v

Voluntary delivery

Article 18

Exemption from criminal prosecution

Persons who according to this law voluntarily deliver weapons carried without permission, are exempt from criminal prosecution for carrying a weapon without permission.

In any case, persons who have committed a criminal offense with a weapon or munitions are not exempt from criminal prosecution for carrying a weapon without permission.

Article 19

Volunteer delivery

The voluntarily delivery of weapons and munitions refers to the expression of free will, written or oral, to the police sector for weapons collection, or other bodies of the armed forces, for the delivery of weapons and munitions carried without permission.

The police sector for the collection of weapons decides in a case-by-case basis, according to the paragraph above, the manner in which the voluntarily physical delivery of the weapons will take place.

In cases where the physical delivery of weapons takes place by a person who has expressed his will to deliver it, upon the compilation of the declaration and upon drafting the minutes, he will be equipped with a document, valid not more than 12 hours from the moment of its issuance, with which he is authorized and instructed to move the weapon or munitions from the place it is located to the nearest unit of the armed forces.

In cases of large quantities of weapons and munitions, the employee of the police sector for weapons collection must accompany the person who has expressed the will for delivery.

Article 20

Obligation for acceptance and munitions registration

Persons who voluntarily deliver weapons and munitions are entitled to deliver them to the nearest unit of armed forces or to the nearest police commissariat. All armed forces units and police commissariats are obliged to accept in any case the weapons and munitions voluntarily delivered by citizens, draft the relevant minutes, and to immediately notify the police sector for weapons collection. The minutes are drafted in two copies, one of which is given to the person that delivers the weapons.

The Ministry of Defense is in charge of providing delivers of weapons with the necessary instructions for determining the nearest armed forces units. The Central Commission for Weapons Collection, prefecture commissions, and local commissions shall all be aware of these instructions.

 

Chapter VI

Final Provisions

Article 21

Sanctions against weapons collections

Any act obstructing or refusing the competent bodies in the exercise of their duties for the purpose of implementing this law, constitutes a criminal misdemeanor and is subject to a fine ranging from 10 000 to 100 000 lekë, or 6 months imprisonment.

Article 22

Funds allocation

The Council of Ministers, within 30 days from the entry of this law into force, must allocate the necessary funds to assist in the establishment of a police sector for weapons collection, as well as other expenses necessary for the performance of the obligations deriving from this law.

Article 23

The Council of Ministers is in charge of issuing substatutory acts for the implementation of this law.

Article 24

Force of law in time

This law will be into force and will cause legal effects for a two-year term.

Article 25

Entry into force of the law

This law enters in force upon the decree of the President of the Republic.

Declared upon decree no. 2185, dated 11.08.1998 of the President of the Republic of Albania, Rexhep Meidani.