Romania’s Regulations on Firearms
Approximatively 36,000 weapons are registered in Romania and an estimated 1-2 million are in circulation, mostly at private and non-permitted guards. According to the Romanian population, only 4% of Romanians support a gun ban. 54% of Romanians have never shot a gun.
Gun ownership is governed by a basic framework law, OUG/ 195/2002, which provides general rules applicable to Romania as a whole, but it also includes an exception from the rules governed by the local laws specific to every county. Gun carrying (even for hunting or sporting purposes) is regulated by the local regulations issued by the Police, the Romanian Gendarmerie and local public authorities. A good example is the Police Decision no. 36/2016 concerning the approval of the firearms, ammunitions and explosives regulation, a 100-page long decision, which sets out the practical details for the application of OUG no. 195/2002.
The main institution responsible for the control of gun and ammunition is the Romanian Police. The Romanian Police are among the few institutions that police work at national level. Starting with 2017, the local police has the power to issue the gun carrying and use decisions, instead of previously, when such decision would be issued only by the territorial divisions of the General Inspectorate of Police, which is the "big brother" of the Romanian Police.
Romania has a very rigid regulatory system concerning the gun market. Before the gun can be put on the market, it needs to be tested and approved by Romanian Bureau Veritas, before obtaining the technical approval for market distribution . After obtaining the technical approval for market distribution the gun can be marketed, but only after the individual approval is obtained for each specific model. Non-compliance with such legislation is sanctioned by fines of RON 15.000 (approx. EUR 3.500).
The fundamental legal concept for obtaining the permit is based on the fact that a person can obtain the gun permit if he proves that without possessing a gun, the goal of acquiring the gun cannot be fulfilled, and that is because the acquisition of a gun is derived from the need for use. This is very different from other countries in Europe, where there is no such concept required to be proved by the person who wants to obtain a gun. In other words, you need to prove for which purpose you need to carry a gun, and only thus you can get a permit.
– Starting from 2017, gun implementation is conducted by local institutions, not by the Romanian Police only. This is the first time in history when Romanian Police has not exclusive powers concerning the gun permits; – Gun permits can be issued by the local agencies, based on report issued by the Romanian Police; – Police Decision no. 36/2016 is the first European firearm regulation which is in force in Romania; – Romania completely applies the European Regulation for firearms manufacture, and it has recently implemented the last European Directive, which governs all European countries; – The exclusion of pistols and revolvers from the application of the permit regime is quite strange.
Categories of Guns You Can Own
The most common firearm owned by private citizens in Romania is the hunting rifle, which is typically a bolt-action, five-shot, manually operated weapon. These rifles come in two subcategories: Category A1, the most popular of which is the .22 caliber hunting rifle, and Category A2, which is either a .22 or larger caliber, usually between .243 and .330, for deer hunting. In addition to the hunting rifle, the owner is permitted to possess and carry a shotgun. The law stipulates that the shotgun may be double-barreled, but may only be single-barrel if it is a pump-action weapon. Slug shot is not permitted under the law. Importantly, all calibers listed above are allowed in both the compressed air version and the shotgun version. Category B Air Pistols are the most common handgun seen nowadays, which are divided into 3 subcategories. The first category, BB Ammunition (.177) or Diabolo type (.22) are typically used for small game hunting. The second category, .177 or .22 caliber powder cartridge pistols are more generally used for home defense, although these pistols can be used for rabbit hunting. The third category, .177 or .22 caliber pistols with pistol-grip and barrel longer than 20 cm or revolvers with long barrel (.22 caliber only) are mainly used for hunting and sport shooting. Category B Handguns are designated for personal protection. There are two subcategories of handguns permitted under Romanian law. The first category, .17, .22, or .25 caliber revolvers, pistols or semi-automatic pistols are the most popular types. If a citizen wishes to possess a handgun in Category B1, they must first pass an exam proving that they have at least 50 shooting hours, plus an additional 10 hours of shooting practice for every month they possess a permit. The law places restrictions on the type of handgun permitted. In particular, only semi-automatic or revolvers are allowed. However, no one knows how many Category B handguns exist, since there is no official register. In 2004, it was estimated that there were approximately 1 million handguns, mainly kept in private homes.
Qualifications for Gun Ownership
Classification of Firearms by type and caliber (G.E. 95/2016):
(a) Firearms prohibited for own use and possession:
(i) full automatic firearms with a barrel length shorter than 450 mm, or 10 x cal. .22;
(ii) full automatic firearms having a barrel length equal to or exceeding 450 mm but with a caliber smaller than 5.56 mm;
(iii) firearms with a concealed firing mechanism;
(iv) firearms with a barrel length shorter than 250 mm, or 6 x cal. 6.35, or 6 x 7.65, or 6 x 9 mm, or 8 x cal. 6.35.
(b) Firearms allowed for own use and possession:
(i) short-barreled firearms, (ii) long-barreled firearms; shotguns with a barrel length shorter than 600 mm or a caliber smaller than 18.5 mm, and firearms with a folding stock;
(iii) firearms with a caliber smaller than 5.56 mm but with a barrel length equal to or exceeding 450 mm;
(c) Firearms allowed for own use and possession with a certified record of accomplishment;
(i) full automatic firearms with a barrel length shorter than 150 mm for collectors purposes;
(ii) firearms belonging to diplomat missions and international organizations, to police bodies, to units of the Romanian Ministry of Defence dislocated abroad or assigned to peacekeeping operations and to Romanian state authorities which require them for execution of missions specific to their responsibilities.
Elements of the firearm category (c) (i) are defined in Art. 7 (1) (c) (ii) of Law no. 295/2004, as republished, and, according to this law, the proportion of illegal firearms is higher than 25%.
Through PDG no. 95/2016 however, the former elements require being exchanged for other elements, elements that are included in Art. 17 (5) and Art. 17 (7) of PDG no. 95/2016. The effect of exchange will lead to the cessation of being classified as an illegal firearm; hence contributing to the reduction of the illegal firearms proportion below 25%.
The Directive includes a phase during which states are to produce national firearms registers containing the same elements regarding the identities of firearms and owners of firearms (national register of firearms and owners shall be interoperable). These registers are to be set up by September 8, 2018.
Directive also confirms all Member States have in place: (i) a system of background checks, (ii) age requirements and (iii) certificates of competence (for obtaining a firearms license).
In Romania, the background checks include a document attesting (Art. 118 (1) (a):
a) The criminal background of the applicant, which shows that there are no criminal records/files against the applicant (Art. 88 (1) (a) (i), (ii) and (iii) of Law no. 295/2004);
(b) Special circumstances, as provided for by Art. 85 of Law no. 295/2004 (Art. 80 (2) (a) (i), (ii) and (iii) of Law no. 295/2004);
(c) Medical fitness of the applicant (Art. 113 of Law no. 295/2004), for which the applicant obtains a medical certificate attesting his/her medical fitness, issued by a specialized state examination committee (Art. 102 (1) (d) of Law no. 295/2004);
(d) a valid justification, as provided for by Art. 88 (1) (a) of Law no. 295/2004 (Art. 80 (2) (a) (i) of Law no. 295/2004).
Steps to Obtaining a Gun License
Obtaining a gun license in Romania involves a multi-step application process, which requires sufficient documentation and, in some cases, examinations. While the process may seem complex, it follows a logical sequence designed to ensure that only responsible individuals are granted the privilege of gun ownership. First, applicants must be at least 18 years of age, which is the minimum legal age for gun ownership in the country. A background check is also a prerequisite for gun ownership. The applicant must submit a certificate of free passage, a document verifying the lack of criminal convictions. It is usually issued by the Territorial Police Inspectorate (TPI) or the Romanian Intelligence Service (SRI) – an institution charged with ensuring national security. Proof of residence is also a requirement, and applicants must submit proof of their marital status. A valid identity card or passport is also necessary. The next stage of the process is more complex: the applicant must demonstrate a need for gun ownership. The law states that a firearm should not be owned solely for the sake of owning a firearm. The law recognizes several reasons as acceptable for owning a firearm: protection and security of goods and persons, the need for self-protection, participation in shooting competitions, or hunting. Hunters, except those in possession of a hunting rifle, must submit their hunting permit, and shooting sports participants must possess a club card from a federated club. In the case of self-defense, they will have to prove serious danger to their life through evidence of stalking or attempts on their life. Another important requirement is the completion of a psychological evaluation. This process determines the state of mind of the applicant to ensure that they can handle the weapon legally and appropriately. In tandem with the psychological evaluation, applicants must also undergo compulsory firearm training, which include lectures, practical field training, and examination. The exams cover topics such as Romanian weapons legislation, firearms handling and storage, marksman training, and an examination before an authorized instructor. The results of these exams must be reviewed by a TPI psychologist, after which a decision will be reached with regard to the granting of the license. Psychological evaluations depend on the discretion of the psychologist. It is important to note that the examiners can choose whether to grant a license even if the applicant passes all stages of the application process with flying colors. A critical aspect of the application process is that the applicant must not have been subject to antiterrorism or anti-organized crime security measures. This rule may seem overly simplistic given the complexity of antiterrorism laws; however, it is simply a way of determining if any individual’s actions could create possible security threats. Following a complete review of the application, the TPI issues a decision with regard to granting of the license. The applicant must wait 30 days from the date of receiving a positive decision before the final license is issued. This waiting period allows for the possibility of an administrative appeal of a negative decision, if there is a case to be made against it. If the decision is positive, the applicant is permitted to collect their license. Once the license is received, it is valid for ten years, but individuals should always note that under certain circumstances, for instance, those who hold permits for automatic firearms, additional responsibilities come into effect. Every five years, the license must be renewed. In some cases, the psychological evaluation also must be repeated. As daunting as the process may seem, obtaining a gun license is achievable, providing you have the required documents and the temperament for the responsibility that comes along with gun ownership.
Gun Carrying and Storage Requirements
Laws regarding transport, carrying and storage
The law (Law 295/2004) prohibits the carrying of weapons or ammunition on board public transportation such as: subways, buses, ferries, airport shuttles, etc.) if the firearm or ammunition are not packed (if it is an air weapon it must be in a case) and in a transport box of maximum 5 times the transport capacity of the weapon. If you wish to take your firearm in a car you have to put it in a transport box. The law permits only carrying of air weapons with a power of maximum 25 Joules and non-lethal guns (Collective Branding Label 2.5 J). Every person holding a firearm for personal use must transport it and keep it in a safe manner. The storage requirements for firearms and ammunition are stipulated in point 2 of the appendix of the law. Penalties for not keeping firearms and ammunition in proper conditions are stipulated in art. 343 letter a-b new Penal Code. "a) the non-respect of art. 23 , paragraph 1, letters f}h) and j), art. 24 points 6- and 7, art. 25-26, 28, 34, 38, 39 of Law no. 295/2004 on firearms and ammunitions, as amended." "b) the non-respect of art. 2 of Government Decision no. 1099/2004 regarding defence against fire at the units producing and commercializing firearms and ammunition, as follows: – Not respecting the obligation to have signs indicating actions against fire 10 000-20 000 lei" Pieces of firearms can be stored at home, in a company’s vault, or in a gunsmith’s vault, excepting all that are high risk or are under international embargo. Those are kept only in Ministry of Defence vaults.
Gun Law Penalties
Enforcement of Romania’s gun laws gives rise to a range of penalties. Under Law No. 295/2004 on the Regime of Arms and Ammunition, which regulates ownership and acquisition of guns in Romania, penalties include fines, suspension of use of guns and even incarceration in certain cases. Infringements such as those related to the lack of an authorization for sale, keeping guns in unsuitable locations, not informing the competent authority on changing the place of residence when holding an arms permit or violating local laws concerning storage of arms, will likely incur fines ranging from RON 100 (approximately €22) to RON 2,500 (approximately €550).
In addition, violation of provisions of Law No. 295/2004 may be sanctioned by prohibition on holding or carrying guns for up to three years. Such sanctions are given if the violation was committed in conditions that could have produced a public danger and resulted in the breaching of: Conviction of any of the above offenses can lead to an additional sanction prohibiting the offender from holding or carrying a gun for up to three years.
If a person is convicted of infringing Law No. 295/2004, such conviction will remain in his/her criminal record for three years. In practice, there are very few convictions for gun law violations, presumably because prosecution rates for gun crimes are found to be low as well. In Romania, the sentence for illegal possession of a firearm can be from 1 to 5 years of imprisonment.
Amendments to Romania’s Firearm Regulations
In 2004, changes to Romania’s Firearms and Ammunition Law introduced new categories of weapons, as well as changes to the acquisition and use of certain firearms. Changes were also made to the penalties for possession of illegal weapons or ammunition. As mentioned above, the Law stipulates that robbery, violence against persons, danger to public order or national security, domestic violence, or stalking are aggravating factors. Changes to the 2004 law may be imminent, however. Public opinion polls show that 65% of Romanians agree with the authorities confiscating legally-circulated weapons from the population. One notable case that brought this issue to the forefront of public opinion was that of a former judge and former Minister of Justice who allegedly used a gun to threaten his wife (an attorney) and her boyfriend . The case telegraphed the urgency of this situation by provoking public outcries against domestic violence as well as the use of firearms to settle personal scores. Another recent firearms incident that propelled the issue into public opinion was the murder of two Romanian police officers by a man with a history of violent crime, who had warned the authorities about the risk he posed. These incidents also highlight abuses of the system that allow violent offenders to walk free with access to firearms. Pending legislative changes are focused on gun control for all citizens. Given the relatively high incidence of violent crime involving firearms, common sentiment is for greater scrutiny with respect to who possesses these weapons, and for what purpose.