The purchase worth 30 euros turned Kaunas into an arms dealer

The problem was caused by ignorance of the law.

In Lithuania, as in the rest of the world, there is more than one person collecting historical weapons. These activities sometimes go beyond what is required by law, especially when a weapon or part of a weapon that does not work in one country can be purchased without restriction, and in others it is even subject to criminal liability.

A Kaunas resident who worked as an auto repair locksmith found himself in a less than pleasant situation due to ignorance of the law. A man who collected old, WWII and earlier weapons had to be in police custody, say goodbye to a long-standing collection, and be charged with serious crimes: arms smuggling and illegal possession.

And it all started quite simply, when a Kaunas resident decided to buy a part of a firearm at an online auction for 30 euros: the lock of the “PPŠ-41” submachine gun. I did not know that the part of the weapon ordered in Lithuania belongs to category A weapons and it is forbidden to send it by mail.

Weapons: Machine guns, in accordance with the provisions of the Arms and Ammunition Control Law, are classified as category A automatic weapons, and their circulation to civilians is prohibited. Part of a firearm: A gun lock is considered the main part of a firearm and its movement is subject to the same requirements as firearms. Permits for the import of Category A weapons and parts thereof shall not be issued to civilians.

When customs officials who inspected the postal items found this part of the weapon, a pre-trial investigation was launched. Customs officials with a search warrant visited the consignee’s house with great surprise. In the attic of the Kaunas house, they found an arsenal of various weapons from the WWII era and from earlier times.

According to Kristina Raulinaitienė, a lawyer representing the collector in the case, an impressive collection has piled up at her client’s home. It contained not only weapons, but also helmets, military symbols, medals. These articles were not of interest to researchers because the law does not prohibit their acquisition or possession.

We found three firearms and a power of daggers and knives.

According to the data in the case, the Kaunas resident himself presented the weapons stored in the attic to his customs criminals who came looking for them without any permission.

And there really were a lot of them. These are the 7.92mm Mauzer carbine, the 9mm caliber pistol – MP-34 machine gun, as well as the Romanian production 26.5mm caliber signal pistol, 7.92mm StG 44 caliber assault rifle, 9mm caliber pistols – machine guns. ” MP-38 “, ammunition loaders” MP-40 “.

It is true that later experts discovered that all these weapons are not dangerous due to their extremely poor condition, they cannot be fired. Only signaling weapons classified as Category D weapons may be used for their intended purpose.

However, most of the finds were made up of cold weapons accumulated by the residents of Kaunas, with a total of 81. Parade model sword, Turkish sword yatagan, French sword of the 19th century, artillery of the French army in 1816. Model sword short, four Germans from 1898. example Mauser bayonet rifle.

There were other historical cold weapons in Kaunas’ attic: the 1845 Saxon Army infantry. Model combat knife, Swiss Army 1842. Model combat knife, Prussian Army ground forces soldiers 1864. Model combat knife , Swedish army 1848. Model of combat knife, the Argentine army in 1909. Model of combat knife, Swiss army 1842. Model of combat knife, chain of command of the German Labor Front (RAD) in 1937. Knife sample of combat.

Police also included a parade of the 1937-39 model of a high-ranking member of the Italian National Fascist Party (PNF) and the Voluntary National Security Militia (MVSN), as well as many other historical treasures, a total of 81 specimens.

The collector who did not receive the package was not very sad

Accused of smuggling and illegal possession of firearms, Audrius M. de Kaunas did not even try to deny his guilt. It revealed how the Internet is marketed not only in various historical displays, but also in weapons or parts of them.

He told officials that he had been searching, collecting, and collecting antiques for about two decades. He searches for these items on websites, in Lithuanian flea markets, and is generally interested in specimens before 1945 and earlier. Usually buy ancient swords, daggers, knives, swords and their parts.

The man mentioned that he was buying some of the items that interested him abroad: he found auctions on the Internet, where the ancient weapons and some of them were sold by individuals across Europe.

During the interviews, he recalled having bought weapons from countries such as Germany, France, Denmark, Sweden and Poland. And in 2018, in early February, at one of the auctions, he bought a part of the weapon to complement his collection. According to the suspect, when he purchased the lock on the submachine gun, the vendor indicated that it was disabled, especially damaged so that it could not be used for its intended purpose.

He recalled that he had paid about 30 euros for blocking the machine gun. At the seller’s request, he placed the money in an envelope and sent it to the specified address. However, the Kaunas resident did not receive the goods, as already mentioned, the shipment was stopped by customs officials.

Without receiving the gun lock, the collector did not contact the seller. Since the amount paid for the product was not large, this loss made no sense, he did not try to write or delve into why he did not receive, because, according to him, this happens quite often in foreign online stores.

“Usually, at auctions, photos of the weapons sold or their parts tell whether a weapon requires a permit to purchase these items. The permits, as far as he knows, are faxed to the seller, who then ships the goods. to the destination country by special mail.

He himself does not have permits for any weapons. He himself was interested in information from the Weapons Fund last year about cold and firearms. I learned that Category D weapons do not require separate permits to hold them, and I also read about deactivated firearms. It was written about them that three units can be downloaded from abroad without special permission. They were interested in the fact that it is not forbidden to send antiques and relics by mail and to receive them not only in Lithuania, but also from foreign countries, ”the case file reads.

It was decided to confiscate old weapons, although without firing.

During the search, it was decided to return the rich collection of ancient swords, daggers, axes and knives removed from the Kaunas house. It was indicated that the storage of these articles does not require any special permission and their storage does not entail criminal or administrative responsibility.

However, Kaunas had to say goodbye to three firearms, so he was not allowed to keep them. Although experts found them unable to fire due to their condition, it was claimed that they were not deactivated as required by law.

“The investigation found that the investigated weapons were recycled, but the changes made to their individual parts did not meet the established requirements for deactivation of the weapons, not all major parts of the weapons were recycled, therefore, the weapons were not they were declared completely unfit for direct use, “the case file said.

The collector is left with a single firearm, according to experts, a Romanian 26.5 caliber signal pistol that works and can fire. The rocket pistol belongs to category D and therefore does not require permits.

Mauser’s carbine, “MP-34” pistol – machine gun, “StG 44” assault rifle will be transferred to the Lithuanian Weapons Fund by decision of the Kaunas Regional Court.

It was decided to destroy the lock of the pistol-machine gun purchased by the collector and incur criminal liability for contraband.

Saved by heartfelt confession and quarantine

When it comes to similar cases involving people who bought prohibited items online, the courts often decide to confiscate their computers as a means of committing a crime. This time, the court took a different position, so the collector did not lose his computer.

“As can be seen from the circumstances established in the case, the criminal act committed by Audrius M. was isolated, he did not systematically commit criminal acts with the help of a computer. It has not been established that a computer was purchased specifically to facilitate the commission of a criminal offense. The accused admitted his guilt, revealed the circumstances of the commission of the crime, sincerely regretted his actions, had not been convicted before and the crime did not cause serious consequences. In addition, it has been established that the computer is necessary to meeting the needs of the entire family, it is also used by other family members, “the court said in the ruling.

The defendant himself based his request not to confiscate the computer in the circumstances of the coronavirus outbreak. He noted that the computer was purchased from the family’s total income and that, due to the announcement made in the country, their young son is not attending school, and the lessons are being taken remotely by computer.

The court also rejected the request of the prosecutor who supported the state prosecution in the case to order the collector to order the costs incurred by the Lithuanian Center for Forensic Sciences: 3 thousand. 243 euros. According to the court, these costs were incurred during examinations of the weapons found during the search at the initiative of the pre-trial investigation officer. This investigation was performed as an official task by an expert from the Lithuanian Forensic Science Center while performing his official duties. In other words, the specialist was simply doing his job for which he was paid.

The Kaunas Regional Court also assessed the collector’s sincere confession by sentencing him. The fact that the case was dealt with in a brief examination of the evidence allowed the future sentence to be reduced by a third.

Although the accused collector’s crimes (smuggling and illegal possession of firearms are serious, punishable by imprisonment, the court examined the situation of the Kaunas resident in a very humane way).

He imposed only a symbolic punishment

“The defendant Audrius M. committed serious, intentional and complete crimes, but did not cause serious consequences. The fact that the contraband object (part of a firearm) was smuggled and was not a dangerous firearm is evaluated to the public, it was intended to supplement the defendant’s collection and was not intended to be used for shooting or other illegal purposes.

The defendant also considered firearms for a similar purpose (to complement the collection) and did not use them, had no intention of using them for other illegal purposes. The commission of the crimes had no serious consequences. All this shows less danger to society both from the crime and from the accused himself, ”the court said in the verdict.

The fact that the accused has fully confessed, given detailed testimony in court and sincerely regretted the crimes committed was recognized as a mitigating circumstance. No aggravating circumstances have been identified for the accused.

It was decided not to impose a fine on a collector who became a smuggler of machine guns purchased online. This decision was significantly influenced by the announced quarantine in the country, as a result of which the collector and his life partner are temporarily out of work and in downtime.

“The duration of the quarantine is unclear, so it is not a clear question and when the accused will be able to continue working and receive earned income. Therefore, the court concludes that it is not appropriate to impose a punishment on the accused, a fine, as this would be a heavy financial burden, ”declared the Kaunas Regional Court in a judgment announced on May 15.

The court sentenced a Kaunas resident to 6 months in prison for smuggling and illegal possession of firearms. It was reduced by a third because, in full admission, the case was dealt with in a brief examination of the evidence, leaving 4 months of deprivation of liberty. One day of detention, which is equivalent to 2 days of deprivation of liberty, was included in the sentence.

Therefore, the final penalty imposed on the collector is 3 months and 28 days in prison. The court ordered the convict not to change his place of residence during the sentence without the knowledge of the executing authority.