On approval of the Rules of forming the State bullet and shell casing repository

Updated Unofficial translation

Order No. 429 of the Government of the Republic of Kazakhstan dated June 24, 2019.

      Unofficial translation

      In accordance with subparagraph 3-1) of article 28 of the Law of the Republic of Kazakhstan dated December 30, 1998 On State Control of Turnover of Particular Types of Weapon, the Government of the Republic of Kazakhstan hereby RESOLVES:

      1. To approve the attached Rules of forming the State bullet and shell casing repository.

      2. To invalidate:

      1) invalidated by the Resolution of the Government of the Republic of Kazakhstan dated 31.12.2020 No. 960;

      2) subparagraph 2) of paragraph 1 of the Resolution of the Government of the Republic of Kazakhstan dated December 29, 2007 No. 1370 “On amendments and additions to the Resolution of the Government of the Republic of Kazakhstan dated August 3, 2000 No. 1176” (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2000, No. 32-33, p. 399).

      Footnote. Paragraph 2 as amended by the Resolution of the Government of the Republic of Kazakhstan dated 31.12.2020 No. 960.

      3. This resolution shall take effect upon expiry of ten calendar days after the date of its first official publication.

      Prime Minister of the Republic of Kazakhstan A. Mamin

  Approved by
Order No. 429 of the Government
of the Republic of Kazakhstan
dated June 24, 2019

Rules of forming the State bullet and shell casing repository

Chapter 1. General Provisions

      1. These Rules of forming the State bullet and shell casing repository

      (hereinafter - the Rules) establish the organization procedure and activities of the Armed Forces, other troops and military units, special state and law enforcement bodies on the formation of departmental collections of the State repository of control fired bullets and shell casings of control-fired bullets and shells from adopted for armament weapons, excepting the weapons in long-term storage, rifled combat small arms (hereinafter – combat arms), also of internal affairs bodies on the formation of departmental collections of State repository of control fired bullets and shell casings of combat, civilian and service rifled firearms.

      2. The state bullet and shell casing repository is departmental collections of control-fired bullets and shell casings from adopted weapons, excepting combat weapons in long-term storage, stored in the armament services of the Armed Forces, other troops and military units, special state and law enforcement bodies, and also stored in the armament services of the internal affairs’ departmental collections of control fired bullets and shell casings from combat, civilian and service rifled firearms.

      3. The following basic concepts are used in these Rules:

      1) formation of the State bullet and shell casing repository(ballistics)

      - actions of the Armed Forces, other troops and military units, special state and law enforcement bodies for the control firing of combat, civilian and service rifled firearms in terms of competence, accounting, storage, replacement, withdrawal and destruction of control bullets and shell casings, and also their provision in case of loss (theft) of weapons to the Forensic ballistics repository of the Ministry of Internal Affairs of the Republic of Kazakhstan;

      2) Forensic bullet and shell casing repository(ballistics) of the Ministry of Internal Affairs of the Republic of Kazakhstan (hereinafter - FBR MIA) - a collection of bullets, shell casings and cartridges withdrawn from accident scenes, control-fired from stolen (lost) or test-fired from seized, found, voluntarily surrendered rifled firearms, and also bullets and shell cases, experimentally fired from improvised rifled firearms, including smooth-bore weapons, improvised and (or) converted for cartridges for rifled firearms, shells fired from gas, gas gun with the possibility of firing with traumatic cartridges, also tubeless firearms, excepting the weapons specified in paragraph 5 of these Rules;

      3) control firing - firing by authorized persons of the Armed Forces, other troops and military units, special state and law enforcement bodies from combat, civilian and service rifled firearms within their competence for the formation of departmental collections of the State bullet and shell casing repository(ballistics)

      4) weapon owner - an individual or legal entity that owns a weapon on the basis of a permit to acquire, carry and store weapons;

      5) experimental shooting - the shooting by servicemen of the operational-forensic unit of the internal affairs bodies made from seized, found, voluntarily surrendered rifled firearms, including improvised rifled firearms, smooth-bore weapons, improvised and / or converted for cartridges for rifled firearms, gas, gas weapons with the possibility of firing with traumatic cartridges, as well as tubeless firearms.

Chapter 2. Objects of departmental collections of the State bullet and shell casing repository

      4. The objects of departmental collections of the State bullet and shell casing repository are control bullets and shell casings fired from combat arms, civilian and service rifled firearms, including:

      1) after repair of the main trace-forming parts (cartridge chamber, barrel bore, bolt, replacement or machining of the firing pin) of combat arms, as well as civilian and service rifled firearms;

      2) imported by supplier enterprises from abroad and intended for sale on the territory of the Republic of Kazakhstan before its disposal;

      3) acquired by a citizen of the Republic of Kazakhstan abroad, before its registration and registration of a permit for storage and carrying;

      4) transferred or sold by enterprises and (or) organizations before transfer or sale;

      5) owned by citizens of the Republic of Kazakhstan, upon receipt or extension of a permit for storage and carrying, destruction of rifled firearms;

      6) award firearms with a rifled barrel, which is shot from before issuing of a permit for its storage and carrying in the internal affairs body (hereinafter - the DIA).

      5. Departmental collections of the State bullet and shell casing repository shall not contain bullets and shell casings fired from:

      1) rifled firearms of the caliber of more than 11.56 mm;

      2) firearms with highly corroded trace-forming parts if it is impossible to obtain high-quality experimental traces of weapons on bullets and shell casings;

      3) hunting smoothbore weapons, excepting weapons with removable trunks or inserts in smoothbore trunks.

      6. Control shootings of newly manufactured, as well as remodeled, factory-repaired combat, civil and service rifled firearms shall be carried out at manufacturing enterprises with participation of an employee of the control unit in the field of civil and service weapons turnover in the territorial police department. Records of control shooting shall be entered in the factory passports for newly manufactured, remodeled, repaired domestic weapons.

      Test shell casings and bullets shall be packed at manufacturing enterprises in accordance with paragraph 25 of these Rules and sent to the territorial police department for placing the test bullets and shell casings in the departmental collection of the State bullet and shell casing repository.

      7. For the control firing of combat arms in the Armed Forces, other troops and military units, special state and law enforcement bodies, commissions shall be formed with participation of an armament service officer or a serviceman of the unit responsible for the formation of the departmental collection, safety and accounting of weapons (hereinafter - the authorized unit).

      8. Control shootings of civilian and service rifled firearms shall be carried out in the DIA within the commission comprising personnel of the armament service, services for control in the field of civilian and service weapons turnover, operational-forensic, and financial support.

      9. Composition of the commission for control shooting of rifled firearms shall be approved by the authorized head of the state body or the military unit commander.

      10. Allocation of ammunition, transportation of weapons to the place of control shooting of combat weapons shall be carried out at the expense of the means and resources of the Armed Forces, other troops and military units, special state and law enforcement bodies.

      Civilian and service rifled firearms subject to control shooting, and cartridges for it shall be delivered by the individual weapon owner or a representative on the basis of a power of attorney of a legal entity (hereinafter - representative by proxy) to the place of control shooting independently.

      11. Weapons subject to control firing, as well as control-fired bullets and shell casings shall be registered by a serviceman of the armament service or an authorized unit in the registration log of the shooting of weapons and control bullets, shell casings placed in the departmental collection, in accordance with the form in Appendix 1 to these Rules.

      12. The weapon owner or the proxy representative shall independently apply for control shooting of civilian and service rifled firearms in accordance with the form of Appendix 2 to these Rules to the territorial police department at the place of the weapon registration.

      13. Control shooting of civilian and service rifled firearms shall be carried out by the DIA after registration of the statement of the weapon owner or representative by proxy weekly on Wednesdays in the presence of the weapon owner or his proxy. The control-fired weapon shall be returned to the owner or representative by proxy on the day of the shooting.

      14. The control shooting results shall be documented by the act of control shooting in accordance with the form of Appendix 3 to these Rules in two copies for combat arms, in three copies for civilian and service rifled firearms.

      One copy of the act of control shooting of combat arms remains in storage with the armament service or the authorized unit, the second shall be directed to the unit or organization that provided the weapons for the shooting.

      One copy of the act of control shooting of civilian and service rifled firearms shall be directed to the internal affairs department in charge of control in the field of arms turnover for inclusion in the monitoring or personal file of the weapon owner, the second shall be given to the weapon owner or the proxy, the third is stored together with the shot bullets and shell casings in the armament service.

      The acts of control shooting shall be stored for ten years, after which they are destroyed in the prescribed manner.

      15. Control bullets and shell casings shall be packed in accordance with paragraph 25 of these Rules by a servant of the armament service or the authorized unit.

Chapter 3. Procedure for the conduct of control shooting of combat, civilian and service rifled firearms

      16. Combat, civilian and service rifled firearms shall be fired once every five years, excepting the cases provided for in subparagraphs 1), 4), 5), 6) of paragraph 4 of these Rules.

      17. Control shooting of combat, civilian and service rifled firearms shall be carried out at shooting galleries, at the firing ranges of training centers or in specially equipped premises into bullet traps in compliance with measures for safe handling of weapons.

      18. Control firing of weapons shall be carried out with the use of cartridges that are standard for each weapon with a standard powder charge, with non-expansive jacketed or un- jacketed bullets.

      19. Control shooting of weapons shall not use:

      1) a cartridge with metal corrosion on it, dents, scratches, damage to the paint layer, including from contact with trace-forming parts of the weapon, and (or) not sufficiently fixed bullet in the cartridge neck, and (or) the capsule protruding above the bottom surface of the cartridge;

      2) a standard cartridge with a reduced mass of the powder charge;

      3) tracing, armor-piercing incendiary cartridge.

      20. Before control shooting, the combat weapon shall be cleaned by a servant of the armament service or authorized unit, and civilian and service rifled firearms shall be cleaned by the weapon owner or the proxy independently. The factory and preserving lubricant is removed, the bore of the barrel, the drum chamber and the cartridge stop of the bolt are wiped.

      21. In the control firing from each specimen of rifled firearms, it is necessary to shoot at least three control bullets and shell casings, excepting weapons:

      1) with interchangeable barrel or rifle inserts in smoothbore trunks. In their control shooting it is necessary to shoot at least three control bullets and cartridges from each barrel;

      2) with a device for silent shooting - at least three control bullets and shell casings, both with the device and without it;

      3) revolvers. In the control shooting of revolvers, it is necessary to obtain two control bullets and shell casings from each chamber of the drum. Control shooting of revolvers is carried out first by ball cartridges, and then by lead bullets.22. Shots from automatic weapons shall be made in single-firing mode.

      23. Bullets from the control shooting shall be checked for absence of deformations and formation of traces of obstacles along with traces of the barrel bore.

      24. In control shooting of a weapon by a person conducting the control shooting, the possibility of replacing control bullets and shell casings with bullets and shell casings fired from other weapons shall be excluded.

      25. The fired control bullets and shell casings of each weapon specimen or with the use of additional (removable) barrels or rifled inserts in smooth-bore trunks, with a device for silent shooting, shall be packed in separate strong plastic bags, with each bullet and shell casing wrapped in soft dry paper (cotton wool). A slip of paper shall be put inside the package, indicating the name of the authority, type, model, caliber, series, number and year of issue of the weapon, full name of the owner of the weapon, state body unit, date of the shooting, certified by the seal of the armament service or the authorized unit, signed by its servant, responsible for the formation, accounting and preservation of the departmental collection. Upon completion of this procedure, the package shall be closed in a way that excludes access to its contents without violating its integrity.

      26. The control shooting of previously lost (stolen) combat, civilian, service rifled firearms that was found, for placement in the departmental collection of the State bullet and shell casing repository shall be carried out after checking against the FBR MIA array as control bullets and shell casings fired from this weapon before its loss (theft), and experimental bullets and shell casings shot from it after its discovery, and adoption of procedural decision on the fact of its loss (theft).

Chapter 4. Accounting, storage, replacement, withdrawal and destruction of control bullets
and shell casings of departmental collections of the State bullet and shell casing repository

      27. Departmental collections of the State bullet and shell casing repository shall be stored in kind. Along with in-kind departmental collections, it is possible to create an electronic array of images of control bullets and shell casings using automated information ballistic systems (hereinafter - AIBS) in coordination with the Ministry of Internal Affairs.

      Departmental collections of the State bullet and shell casing repository of the Armed Forces, other troops and military units, special state and law enforcement bodies shall be stored with the division or armament services authorized by the chief executive of the state body at the place of the weapons array.

      28. Registration of control bullets and shell casings of departmental collections of the State bullet and shell casing repository shall be formed by systematizing information on the type, model, caliber, series, number, year of issue of the weapon, the owner, the date of the control shooting and registration of the control bullets and shell casings, location of the control bullets and shell casings, the date and ground for their deregistration in accordance with the form of Appendix 1 to these Rules.

      29. Requirements to the premises for storing the departmental collection of the State bullet and shell casing repository and ensuring its safety, as well as security measures during the control shooting, shall be determined by the first commanders of the Armed Forces, other troops and military units, special state and law enforcement bodies.

      30. Control bullets and shell casings shall be stored in sealed, lockable metal cabinets (drawers).

      31. The storage term of control bullets and shell casings in the departmental collection of the State bullet and shell casing repository at the observed requirements of paragraph 16 of these Rules, shall be at least five years after the disposal of combat, civilian and service rifled firearms from which they were shot.

      32. Withdrawal of control bullets and shell casings in the collection of the State bullet and shell casing repository shall be carried out after their storage expiration.

      33. Replacement of control bullets and shell casings in the collection of the State bullet and shell casing repository or removal from it shall be recorded by a serviceman of the armament service or the authorized unit in the registration log of the shooting of weapons and control bullets, shell casings placed in the departmental collection in accordance with the form of Appendix 1 to these Rules.

      34. Control bullets and shell casings shall be destroyed by melting. The ground for the destruction of control bullets and shell casings is their replacement with control bullets and shell casings fired repeatedly from the same weapon instance, or removal of control bullets and shell casings in connection with the storage term expiration after disposal of the weapon or sale or transfer of weapons in the manner determined by the legislation of the Republic of Kazakhstan.

      35. Armament services or the authorized units shall provide transportation of control bullets and shell casings to be destroyed to the appropriate enterprise.

      36. The act of destroying control bullets and shell casings shall be drawn in accordance with the form of Appendix 4 to these Rules in one copy for combat arms, in two copies for civilian and service rifled firearms.

      A copy of the act of destroying control bullets and shell casings of combat arms shall remain in storage with the armament service or the authorized unit.

      One copy of the act of destroying control bullets and shell casings of civilian or service rifled firearms shall be directed to be entered into the monitoring or personal file of the weapon owner no later than three working days from the date of destruction of the control bullets and shell casings, the second copy shall be directed to the armament service or the authorized unit.

      37. The act of destroying control bullets and shell casings shall be stored for ten years with the armament service or the authorized unit.

Chapter 5. The procedure of providing control bullets and shell casings of departmental
collections of the State bullet and shell casing repository to the Forensic ballistics of the
Ministry of Internal Affairs

      38. At the established fact of the loss (theft) of combat, civilian and service rifled firearms, in order to search for the weapons and disclose the crimes committed with their use, the person conducting the pre-trial or official investigation shall direct a request to the armament service or the authorized unit for the dispatch within five days of the control bullets and shell casings previously shot from the lost (stolen) weapons, with attachment, in case of the formation of electronic array of control bullets and shell casings of the lost (stolen) weapons exported from the AIBS electronic array, for verification against the FBR MIA array of the Ministry of Internal Affairs.

      39. Upon receipt of information on the loss (theft) of combat, civilian and service rifled firearms, regardless of receiving an official request from a person conducting a pre-trial or official investigation, the serviceman of the armament service or the authorized unit shall send control bullets and shell casings of the lost (stolen) weapons within five days to the FBR MIA.

      In case of the formation of electronic array with the use of AIBS, an electronic image of the control bullets and shell casings of the lost (stolen) weapons exported from the AIBS electronic array shall be attached in electronic form.

      40. The results of the checking against the FBR MIA array shall be communicated to the request initiator in accordance with the Rules for the performance of operational and forensic activities in the internal affairs bodies, approved by Order No. 75 dsp of the Minister of Internal Affairs of the Republic of Kazakhstan dated July 21, 2014 “On approval of the Rules for the implementation of operational and forensic activities in internal affairs bodies ”(registered in the Register of State Registration of Regulatory Legal Acts under No. 9662).

      41. In the event of establishing on the FBR MIA array of the fact of the use of weapons in the commission of a criminal offense, the operative-forensic department (hereinafter - the OFD) of the MIA shall immediately notify the body conducting the pre-trial investigation.

      42. In the event of providing poorly shot control or experimental bullets and shell casings to the FBR MIA, the OFD of the MIA shall request the weapons for experimental shooting.

  Appendix 1
to the Rules of forming
the State bullet and
shell casing repository


      Form

Registration Log
of shooting of weapons and control bullets, shell casings, placed in the departmental collection
________________________________________________________________
(name of the department (military unit) of the state body)

No n/n

Date of shooting of weapons

Name of the state body, organization, full name of the weapon owner or his proxy

Weapon type, model

Weapon caliber

Weapon series and number

Year of issue

Number of shot bullets and shell casings, markings
on shell casing

Number of the act and nomenclature file

Location of control bullets and shell casings

Date and ground for de-registration of control bullets and и shell casings

Note

1

2

3

4

5

6

7

8

9

10

11

12


  Appendix 2
to the Rules of forming
the State bullet and
shell casing repository


      Form

      To the head of ____________________
(name of DIA unit)
from ____________________________
______________________________
(full name, address,
______________________________
contact telephones of the weapon owner
______________________________
or legal representative)
______________________________

Application

      We kindly ask you to make controlling shooting of

      ________ pieces of firearms

      __________________________________________________________________

            (indicate the weapon type, model, series, number and year of issue)

      ____________________________________________________________________

      ____________________________________________________________________

            _____________________ full name (signature)

            "__"______________ 20__year

  Appendix 3
to the Rules of forming
the State bullet and
  shell casing repository

      Form

Act of control shooting

      Commission composed of ________________________________________________

            (position, rank, full name)

      certifies the fact of control shooting of rifled firearms


combat hand small

civilian

service

      (tick the box)

      ground: _______________________________________________________

      _________________________________________________________________

      Weapon details:

No nn

Date of shooting of weapons

Name of the state body, organization, full name of the weapon owner or his proxy

Weapon type, model

Weapon caliber

Weapon series and number

Year of issue

Number of shot bullets and cartridges, markings on shell casing

Note

1

2

3

4

5

6

7

8

9

      Commission members: _____________ full name

      (signature)

      _____________ full name

      (signature)

      _____________ full name

      (signature)

      Weapon owner: ____________ full name,

      (signature)

      "__"______________ 20__year

      * In the line "Full name of the owner" the owner of civilian and service rifled firearms
or his proxy are indicated.

  Appendix 4
to the Rules of forming
the State bullet and
shell casing repository

      Form

      "Approved"

      Head of ____________________

      (name of DIA unit)

      ______________________________

      (indicate full name, rank)

      "____" ________ 20_____yr.

Act of destroying control bullets and shell casings

      Commission composed of ________________________________________________

      (position, rank, full name)

      carried out destruction of control bullets and shell casings on the ground of

      _________________________________________________________________

      _________________________________________________________________


No n/n

Date of destruction of control bullets and shell casings

Name of the state body, organization, full name of the weapon owner or his proxy

Weapon type, model

Weapon caliber

Weapon series and number

Year of issue

Number of bullets and shell casings, markings on shell casing

Note

1

2

3

4

5

6

7

8

9

      Commission members: ____________ full name

      (signature)

      "__"______________ 20__year

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