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- Date published: 14/04/2018
- Link to publication: copy
In our legislation there is a huge gap associated with the rules of use of the traumatic weapon. In fact, the "rules" of use and any legal action governed only article 36 of the criminal code of Ukraine.
"Distant close" rules are contained in the Order "On approval of Rules of application of special means at protection of a public order" http://www.npu.gov.ua/uk/publish/article/364265
However, there is mention of "cartridges and devices of a domestic production ...", examining the whole document, rules for their use could not be found, although for all other funds all painted, but not travmatiki!
Some of the requirements, based on which we can draw conclusions and formulate rules that are also in the standard MIA SOU 78-19-001: 2007, in the technical specifications, operational documents to the traumatic weapon and ammunition to them. The minimum distance of safe use for each specific model of the gun and cartridge can be different.
At the same time, in section 14. (Decree of the Cabinet of Ukraine from 18.01.2003, No. 83 http://zakon2.rada.gov.ua/laws/show/83-2003-%D0%BF) the device for shooting of cartridges equipped with rubber or similar on the properties with throwing shells of nonlethal action, applied at a distance, provided in the normative documents on the device, but no closer than 4 meters, and in a way that minimizes possible harm to health of offenders and other citizens.
This means that the car used in the enterprise and the cost of its maintenance should be expenditures, not the owner of the car!
Where you can and cannot shoot from a beanbag round, what distance !?
!!!Rules are informal and cannot be a guide to action, but so far the legislator has not produced something more detailed would be beneficial for any owner of the traumatic weapon, as additional information.
Where and how?
In a way that minimizes possible harm to health. We can say that it is forbidden to shoot at any part of the head, neck, breast in women and groin area. Theoretically, all other parts of the body in self-defence to shoot a "possible" in some documents listed as valid part of the body - the back and buttocks. However, it should be noted that firing at the rear of the body, it is not self-defense (because it tells us that the attacker runs away), and the attack and you are not the victim and the perpetrator and exceed self-defense.
What is the distance?
To follow all the rules, the minimum distance must be selected on the basis of passport data to the weapon and / or ammunition. Of course the minimum distance where you are allowed to defend themselves with a beanbag round is no closer than 4 meters. So carefully study the documentation of your weapons and ammo may indicate the distance more than 4 meters.
The Constitution says
"man, his life, health, honor and dignity, inviolability and security are considered in Ukraine the highest social value" (article 3) and establishes the right of everyone "to protect the life and health of other persons against unlawful encroachments "(part 2 of article 27).
The criminal code of Ukraine establishes the concept, nature and features of self-defence as circumstances precluding criminality (article 36), securing the constitutional rights and also criminal liability in case of adequate self-protection of citizens from illegal encroachments.
If the case of self-defence with traumatic weapons in the hands of the reach trial, ballistics will determine from what distance You shot from and where was aiming for, and the court on the basis of existing case data to assess how real was the threat to Your or loved ones life and health. Therefore, even in a stressful situation it is not possible to violate the minimum allowed distance for shooting and not to shoot at the "forbidden" body parts. If in court it is proved that you had the opportunity to shoot from the shortest distance in the "allowed" part of the body, or you had the option to not use weapons at all, and you do the opposite, deliberately shot from very close range, such as in the head, defending with a high probability can from the victim become a defendant for the excess of necessary defense measures. The responsibility for the excess of necessary defense measures are rather severe (For bodily injury or negligent homicide). Excess of limits of necessary defence as the intentional infliction of serious harm to the attacker, obviously not appropriate the danger of assault or protection setting.
Exceeding the limits of necessary defense shall entail criminal liability only in cases specifically prescribed in articles 118 and 124 of the criminal code. We are talking about abuse and measures about intentional violent acts, and not of the necessary defense.
Self-defense is your birthright, you implement at their own discretion, and the excess of limits of necessary defence is an obvious mismatch, disproportion and inadequacy of the danger of the encroachment of your respective protective action.
If you legitimately used the traumatic weapon in self-defense, in some situations, such as when your identity can be established, you need to report the incident to law enforcement authorities, to explain the circumstances of the incident, otherwise the criminals can get ahead of you and to contact the police with the statement that it is "you started it". If you have caused substantial harm to the attacker, even legitimate, and his health is in danger, it is necessary to provide first aid and call an ambulance and not superfluous will contact a lawyer.
Given the above, it should be clearly understood that application of the traumatic weapon for self defense should be avoided until the moment when there were clear signs of a threat to your life and walk away from the conflict in the usual ways impossible. You should always look for any means to avoid conflict, you can just run away, to go "the other way" and not through the dark landing hoping for his traumatic gun, etc. You are not a cowboy and not an action hero, you are an ordinary man of flesh and blood, forget about it "life threatening". If the use of a Taser could not be avoided, you must realize that traumatic ammunition have relatively low efficiency and under stress can avail to shoot in a short period all the bullets.
If you don't exercise regularly, at least once a week, the chance of a successful application of the traumatic weapon tends to zero, and the probability of accidentally harming themselves or the aggressor serious injuries is increasing. That would be able to protect themselves from attack, you must train regularly to bring traffic to automaticity, it is desirable from a practical target shooting. No fixed skills dealing with your personal weapons, you attack just do not have time to pull out the gun from the holster, remove it from the fuse, distort the bolt and aimed shot.
In no case do not show their weapons to intimidate. If the owner, will use its weapons not for self defence purposes, and for damage to a person or his intimidation, even properly executed documents will not save it from serious legal consequences. The use of a beanbag round in the implementation of actions that can be regarded as hooliganism, even if you never fired is the reason for the qualification of your actions under part 4 of article 296 of the criminal code and it is very serious.
- PS the Owner, must be fully aware that in addition to given him the right to storage, carrying traumatic weapons and self-defence, he at the same time there and a big responsibility, and it uses a specific.
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