Категорія:Портфоліо /Мжб-2-23-4.0 д

Handguns: To Carry or Not to Carry – That Is the Question

On May 20, the Trostyanets court announced the verdict for a Ukrainian who was manufacturing weapons and had mined a road.

For a long time, the issue of legalizing firearms in Ukraine remained unchanged. However, the full-scale invasion brought amendments to draft law No. 5708 "On the Right to Civilian Firearms," initiated by Ihor Pavlovych Fris. The project, which had been stalled for a year, began to progress but stopped again after proposed changes in January 2024. Following attacks on activists and the sentencing of Vitalii Kukol, public discourse on this topic has reignited. What the Bill Proposes

The draft aims to regulate firearms rights on the legislative level (currently governed by sub-legislative acts), define related relationships, and establish basic rights and responsibilities. Key proposals include:

Classification of civilian firearms into categories (A, B, C, D, E) based on technical specifications.

Clear procedures for obtaining firearm ownership documents, including medical assessments.

Creation of a centralized firearm registry managed by Ukraine’s Ministry of Internal Affairs.

Regulation of self-defense firearm use, gun-free zones, and increased penalties for illegal use.

Licensing expansion to cover shooting ranges, training courses, and other firearm-related businesses.

Ongoing debate on the minimum age for ownership—initially 25 years, now proposed as 30.

Purchases permitted five years after the end of martial law.

Current Permit Procedures

Certain citizens in Ukraine can legally obtain rifles. Recently, there has been renewed debate on legalizing handguns for self-defense, especially since the 2022 full-scale invasion heightened public safety concerns. Ukraine currently maintains one of the strictest firearm control regimes in Europe, permitting only specific groups (hunters, military, law enforcement) to purchase weapons. Licenses are valid for three years, while those issued during martial law under simplified procedures expire with the end of martial law.

Fears about crime drive strict controls, even though most gun crimes involve illegal weapons. According to the Small Arms Survey (Geneva), there are an estimated 3–5 million unregistered firearms in Ukraine. Post-martial law, bills creating a unified weapons control system may return to discussion, although a national registry was introduced in July 2023. Unified Firearms Registry

Recent updates show 435,000 applications to the registry, 93% approved. Order No. 170 simplified acquisition during wartime. Deputy Minister Leonid Tymchenko expects full digitization by 2026, when paper permits expire. This will allow citizens to apply and manage permits through the "Diia" app and a "single citizen window."

Pros: Automation reduces corruption risks and improves investigative efficiency.

Citizens can manage applications digitally.

Cons: Critics like Heorhii Uchaikin (Ukrainian Association of Gun Owners) argue that introducing the registry without a proper legal basis is "absurd" and may foster corruption.

Concerns exist over MIA's ability to protect firearm owners’ data.

Expert Volodymyr Kozachok highlights the absence of clear technical requirements and public tendering.

So, What About Civilian Firearms?

Martial law complicates civilian gun rights. There's tension between citizens’ self-defense needs and the dangers of widespread firearms.

Pros: Civilians may need firearms for protection during conflict, especially in high-risk areas.

Cons: Uncontrolled distribution could escalate violence, theft, and misuse by untrained civilians.

Law “On Civilian Participation in Ukraine's Defense” (effective March 7, 2022) outlines: Undeclared found weapons must be turned in or declared within 24 hours.

Ownership is possible after 3 months of inspection.

Sporting, hunting, and air firearms may be used during martial law.

Declared weapons must be turned in within 90 days post-martial law.

No liability if firearms are used against aggressors.

Issue of Award Weapons

Initially, law No. 5708 aimed to grant all legally competent adults (18+) access to firearms. However, "award weapons" — gifted by officials — present a loophole. Around 60,000 such weapons are in circulation with limited oversight. The draft law excludes these from civilian restrictions, risking misuse and corruption.

The proposed law supports concealed carry for self-defense at home, requiring safekeeping in a loaded condition; transportation must be unloaded and disassembled. These rules don’t apply to award weapons. Experts believe Ukraine isn’t ready for open carry models. The Ministry of Internal Affairs opposes this and reflects the stance in the draft. Opinions and Proposals

According to a Diia app survey by the Ministry of Digital Transformation and MIA, 59% support concealed carry for self-defense (vs. 13% in 2014), especially among those with relatives in the military.

But the law is still under review. Heorhii Uchaikin suggests public education campaigns and a buy-back model, citing Balkan countries' experience. For example, citizens could hand in grenades for 400 UAH each—no questions asked. Deputy Minister Bohdan Drapiatyi noted that since Nov 25, 2024, over 6,000 individuals declared 7,000 firearms and 2.5 million rounds—mostly in front-line areas and Kyiv. Activist Serhii Sternenko recently highlighted a handgun attack using an illegal firearm. How to Regulate It?

Experts Uchaikin and Bohdan Petrenko believe the current draft has flaws—corruption risks, limitations on carrying. They suspect the topic’s political sensitivity delays decision-making.

MP Andrii Sharaskin (Holos) authored an alternative draft No. 5708-1, which grants handgun ownership under strict conditions to balance self-defense rights with public safety. Oleksandr Zavitnevych (Rada's National Security Committee Chair) supports legalization but stresses the need for an effective permit system. In conclusion, the debate continues: some see gun rights as boosting safety, others fear violence and misuse. A balanced approach is crucial.