Bulgaria’s Gun Law Overview
Current legal framework governing gun ownership in Bulgaria is laid out primarily under the following laws and regulations: the Firearms, Munitions and Explosives for Civilian Use Act, Ordinance 4 on classification and identification of firearms (adopted pursuant to the Firearms, Munitions and Explosives for Civilian Use Act) and Ordinance 5 on guards under the Firearms, Munitions and Explosives for Civilian Use Act (adopted pursuant to the Firearms, Munitions and Explosives for Civilian Use Act).
The Bulgarian State Agency for National Security maintains a licensing system which covers the registration of firearms and ammunition held by civilians. The licensing system establishes certain requirements for obtaining the necessary approvals and permits for manufacturing, purchasing, selling, transferring, transporting, storing, carrying and, in general, possessing firearms and ammunition by the citizens of Bulgaria, as well as foreigners.
The body responsible for the issuance of licenses for the manufacturing and trade of firearms and ammunition is the Minister of the Interior. The Minister of the Interior also appoints security guards (armed with handguns), as well as security companies . The Minister of Defence is responsible for issuing licenses for the establishment of shooting ranges.
Pursuant to the Firearms, Munitions and Explosives for Civilian Use Act, the production and trade of guns and ammunition shall be carried out by licensed manufacturers. The Bulgarian State Agency for National Security has the authority to issue licenses for the possession of firearms and ammunition in accordance with the Bulgarian terminology (the Firearms, Munitions and Explosives for Civilian Use Act classifies more precisely different types of guns or ammunition such as short-barrelled firearms, long-barrel guns, shotguns, hunting rifles, sporting and sports hunting rifles and so on). The same authority issues licenses for different types of services, namely state-owned, municipal or private security guard services, carrying firearms for hunting and sport, terracotta and bronze gun manufacturers, as well as for shooting ranges.
The use of weapons is regulated under special government ordinances, such as Ordinance 7 on the transportation of firearms and ammunition, and Ordinance 7 on protection of persons by the State.
There are a number of international conventions which, for the time being, are adhered to by Bulgaria.
Types of Permitted Guns
Bulgaria recognizes a number of categories of firearms that are legally permitted for private ownership. Each category is subject to specific requirements and restrictions, which are governed by national law and local ordinances. The categories are as follows:
- Class C Front-cocking air-guns (air pistols and air rifles) that have kinetics energy, with no limitation of caliber;
- Class D Spring-powered guns (or air-powered guns), having no limitation in caliber, but having kinetic energy no higher than 7.5 J;
- Class B guns (under license), which are classified in three categories:
a.. Low power weapons, such as:
b. Shotguns, which consist of long-barreled weapon, having length of barrel no less, than 36 cm (no limitation in caliber);
c. Pistols and revolvers of all calibers?
4. Class A guns (under special mark, permit accessory) are classified into three categories:
a. Basically weapons having caliber no higher than 3.57 mm or only for bulky weapons and rounds for hunting birds, animals etc.;
b. Basically weapons having caliber from 3.58 mm to 7.62 mm;
c. Basically weapons having caliber no lower than 7.63 mm.
As a general rule, ownership of categories B and C ("Class A" guns) requires a license from the Ministry of Interior. Exceptionally, such weapons may be purchased according to local regulations, without obtaining a license.
Different categories of guns are subject to different restrictions. These restrictions involve limitations on the number of cartridge clips one may own; limitations on the number of cartridges one may possess and the permitted length of each cartridge; and the limitations on the type and quantity of gun powder.
The acquisition of license for categories B and C guns is subject to the receipt of a positive opinion from the local police department, which is based on psychological and criminal background checks. Licenses are issued for a specific period of time, and may be renewed at the end of that period.
Requirements for Gun Owners
To legally possess firearms in Bulgaria, one must meet several eligibility requirements. The applicant must be at least 18 years of age. Individuals with a criminal record, limitations on their capacity, or psychological deficiencies are not permitted to legally own firearms. In addition to having useable faculties, applicants must prove moral integrity in order to be approved to own and carry a firearm. One’s moral character is evaluated through their employment status, tax compliance, and by a reference from a local authority. A private citizen’s application for a permit is submitted to the Ministry of Interior and shall be accompanied by documentation regarding the aptitude of the applicant, his/her financial means, and an explanation as to why he/she has need of a gun.
Although Bulgarian legislation does not require gun training certifications, in practice applicants must demonstrate proficiency in firearms competency. Proof of competency can be presented through a Certificate of Shooting Proficiency issued by a recognized organization in Bulgaria. Shooting Practice Certificates are issued to individuals who are proficient in the handling and safe use of a firearm, pose no threat to public safety, and are familiar with the basic rules of shooting. Individuals may also obtain a Shooting Practice Certificate through the Bulgarian Sport Shooting Federation, Paladin Shooting Club, or Hunting Clubs.
Obtaining a Gun License
Process for Obtaining a Gun License in Bulgaria
It will take approximately 6 months after filing of the application to receive a gun license. The request shall be approved by Ministry of Interior and its approval also requires certain cooperation by the local police departments. Once the license application is approved by the Ministry, the applicant may proceed with purchasing of the weapon.
The applicant must perform the following steps:
1. Submit application to the Ministry of Interior
The application must be made on a special form and must contain:
The application must be accompanied by:
In the application the applicant must indicate his/her choice of firearms that are allowed by the ordinance.
2. Medical certificate
In addition to the application to the Ministry of Interior, the applicant must also obtain medical certificate stating that he/she is fit to own a firearm (the medical certificate must be issued not more than 30 days prior to filing the Ministry application).
The medical certificate must be issued by accredited medical facility from the list which can be found on the State Agency for Youth and Sports’ website. The medical certificate must state that the applicant does not suffer from any mental illnesses and does not have any chronic diseases that can effect his/her ability to safely handle a firearm.
3. Theoretical knowledge test
The Ministry of Interior must organize theoretical tests for obtaining a gun license in a timely manner. The test questions and answers must be approved by the Ministry of Interior.
4. Practical test with the weapon
The Practical shooting test is usually performed at the Ministry of Interior shooting range. The shooting test shall be performed for the exact model of weapon for which a license is sought, with a minimum number of bullets, in the presence of a specially authorized official.
Any natural person, resident of the Republic of Bulgaria, may apply to obtain a license for keeping sport weapons and ammunition for personal use.
It is important to note that Firearms and Ammunition Act does not stipulate different procedures for obtaining license for individuals who are foreigners or who are not residents of the Republic of Bulgaria.
Requirements for Gun Use and Storage
Responsible gun use and storage is of the utmost importance to prevent not only accidents but potential theft. According to The Guardian, at least 3,900 firearms and possible explosives were stolen from security companies in Bulgaria between 2002 and 2011. As a result, gun owners have a legal obligation to store their firearms safely. This means:
It is imperative that you do not leave your gun unattended in a public place, even for a moment, as this could lead to potential injury to yourself, or others, or result in unlawful use of your gun.
As well as keeping you and your family safe, there are a number of legal requirements pertaining to the storage of your gun at home and elsewhere. According to the Law on the Control of the Trade in Arms, a gun owner must comply with the following requirements for use and storage:
It is illegal for gun owners to:
As well as complying with these requirements , gun owners also have a responsibility to ensure that any persons using their gun know how to do so correctly and understand how it should be stored when not in use. Improper storage, resulting in theft and misuse, can lead to severe consequences for the owner.
As is stated in Art. 49 (1) of the Penal Code, the owner of the gun shall be punished for "homicide, committed by an uncaring person, if, in breach of his/her obligations arising from a legal provision for keeping and using of firearms, the owner fails to take care for the custody of the firearm and, thereby, creates a risk for human life or health, and the risk comes true."
Furthermore, Art. 125 (3) of the Penal Code stipulates that a person who fails to take measures for preventing theft or other disposition of arms and ammunition is punishable by restricted or conditional imprisonment of up to three (3) years.
Illegal Gun Possession Penalties
The relevant provisions of the Criminal Code allow for an immediate administrative penalties and fines in the cases of illegal possession of firearms and ammunition. In case the law allows for release from liability, there are some limitations to the imposed sanctions. If the penalty has been imposed, it shall be executed in accordance with the law, which involves making either a public announcement or the sentencing of the suspected individual to up to 15 days imprisonment. Should the permit issuing authority impose a suspension of the legal possession of firearms and ammunition, the term of the suspension shall not exceed 6 months. In case of repeat offence, the term of suspension shall not exceed 12 months. It should be noted that both actions cannot be combined together and shall apply only severally. If the suspect of illegal weapon possession is found guilty, the court may revoke the particular permit and all the suspect’s firearms shall be confiscated. In view of the aforementioned and taking into account that Bulgaria strictly punishes for the absence of the relevant legal permits and the possession of illegal firearms, to possess and use firearms, and specially for their concealed bearing, all requirements set forth in the Law on Ownership and Use of Firearms and Ammunition must be strictly complied with.
Changes in Gun Legislation
There has been significant debate and discussion in recent months regarding potential changes to existing Bulgarian gun laws, particularly in light of the recent terrorist attacks in Europe. While no definitive legislation has been proposed at this time, the Bulgarian government has indicated that proposals may be drafted and debated with respect to: (i). specific measures to enhance the protection of public spaces in which large numbers of people congregate, such as sports arenas; (ii.) bans or limitations on magazine sizes for civilian use weapon; and (iii) increased security in commercial settings, such as banks, shopping centers and other buildings with significant foot traffic. The banning of these automatic and semi-automatic weapons would impact a significant segment of the current population of gun owners in Bulgaria.
Gun Laws: Bulgaria vs EU
When one looks at the gun regulations in Bulgaria, it can often be a surprise to see how permissive they are for a member of the European Union. In most respects, Bulgaria is much closer to an American-style permissive environment than many of her neighbors to the west and north. One of the best pieces about Bulgaria’s gun laws was penned by David Carnigila in the very first issue of Legal Expatriate, which went to print in May 2001 (15 years ago!). We will not rehash that article here, but instead will focus on where Bulgaria, as a member of the EU, stands in relationship with her neighbors who are also full members of the EU.
If we are comparing Bulgaria to its neighbors in southeastern Europe, this can be a bit tricky. Among Bulgaria’s most proximate EU neighbors, Greece has a very restrictive gun ownership law that requires a license, provides very narrow definitions of categories of permitted firearms (only shotguns that "have no means of aiming" are permitted without a license), and permits licenses only to "diligent hunters." Further west, Hungary has a very similar law to its neighbor, only permitting "cabinet guns" without a license. In Hungary the licensing process is fairly simple with the Ministry of Internal Affairs being responsible for the process, and what is most important is an individual having a reference from either a hunter’s or sport shooting association or club. A simple online test for a "hunting and shooting skills" certificate is taken shortly after the police receive this reference. Most members of these associations are responsible for completing the certification. The licensing fee itself is 3000 HUF (about USD $10) so it is well within the capacity of most individuals (and is roughly comparable to the Bulgarian fees for a limited permit gun owners license of 12 BGN). Thus compared to Bulgaria, Hungary does have a more organized process in determining what is and is not a permitted weapon, but both countries permit the general public to access weapons for sporting or collecting purposes.
Slovenia has one of the EU’s most permissive gun ownership laws and allows for the most freedom for an individual wishing to keep and bear arms. However, Slovenia has a unique problem. The number of gun owners in Slovenia outweighs those of all of the other EU members combined, and it has a very small population (only 2 million, as opposed to the EU as a whole which is over 500 million). It is estimated that there are more than 1.2 million estimated firearms owned in Slovenia, and the number may ultimately be much higher . However, according to Slovenian law, either a domicile or residence permit is necessary to apply for a gun license, and a psychological profile, bodily health report, and a test about safe use and maintenance of the weapon are required to be passed. Before having their gun license approved, an applicant must also complete a shooting exam to the level of "a basic marksmanship," but it is acknowledged that the test may not actually help determine if the applicant is suitable to own a gun. Only one half of one percent of applicants are failed and the effectiveness of testing has been criticized. Aside from not being an EU member, one other key difference between Bulgaria and Slovenia is that tracking of gun crime in Slovenia is done at the national level, and this data is reliable, helping to ensure that weapons do not fall into the wrong hands. In Bulgaria, however, gun crime, when it occurs at all, is difficult to locate as it is rarely charged. Gun crime and how it has been prosecuted in the past, has made its way into public consciousness that there should be a national database of gun crime that should be easily accessible and maintained.
When comparing Bulgaria to the remnant of EU states to the northwest (Ireland, Malta, Cyprus, and Luxembourg), Bulgaria is again very permissive. Ireland has one of the most restrictive gun laws in the EU and requires an applicant to prove a genuine reason for wishing to own a firearm, while Malta requires no such reason (a gun can be bought for hunting, sport, or collecting). Cyprus has no licensing requirement and in fact does not even require registration of a weapon. Only Luxembourg requires licensing and registration, but does not require the situation of a genuine reason to own a firearm. Because licensing and registration are the requirements of the weakest member of this group, Malta has the most liberal gun laws in the group and Bulgaria is even further ahead.
It should be noted that Bulgaria has one of the highest murder rates in the EU. But homicide by firearm is quite low. According to EuroStat, as of 2012, only 1.4 percent of all homicides in Bulgaria were committed using a handgun. This is quite a drop from 2007, when approximately 4.1 percent of all homicides were committed with a handgun. Therefore, the gun crimes we do see in Bulgaria are committed with knives or other weapons. Though Bulgaria has one of the highest murder rates in the EU, there has actually been a downward trend in homicides with firearms since 1990. EU membership seems to have had no negative effect upon Bulgaria’s policy in permitting the possession of a weapon with intent to protect themself or their family in the home or on their property.