LEGAL QUALIFICATION OF AMMUNITION INTENDED FOR HUNTING SMOOTH-BORE FIREARMS ACCORDING TO THE CASE LAW

Abstract

Georgia is one of the countries where firearms are removed from free civilian circulation, and the purchase of certain categories of firearms, with the right of storage or carrying, is possible only on the basis of a special permit issued by the Service Agency of the Ministry of Internal Affairs. After registering the weapon, it is possible to purchase ammunition for this weapon. According to the current version of the Criminal Code, the title of Article 236 reads as follows: Illegal purchase, storage, carrying, manufacturing, transportation, forwarding or sale of firearms (other than hunting smooth-bore firearms (shotguns)), ammunition, explosives or explosive devices, But, along with hunting smooth-bore firearms, the title of the article does not mention the ammunition intended for it, which poses some problems in terms of the legal qualification of the action. With regard to Article 236 of the Criminal Code of Georgia, the Supreme Court of Georgia has established a uniform practice in some matters, which is provides by the city and appellate courts. The Cassation Chamber of the Criminal Court of the Supreme Court of Georgia clarifies that firearms and ammunition must be suitable for their intended use. as well as what is unlawful storage, carrying, transportation, shipment, key, manufacture. Despite numerous explanations from the Supreme Court regarding Article 236 of the Criminal Code, it appears that ammunition for smooth-bore firearms remained without explanation, which led to the courts accusing convicts of illegal purchase, storage and carrying of this category of ammunition.