Use of weapons by civilians: how to act legally?

In today’s war-torn Ukraine, the issue of security and self-defense is becoming increasingly important. Citizens want to get the right to own weapons, so we have compiled a summary of the main requirements and laws that regulate the acquisition, storage and use of weapons by civilian Ukrainians.

The main legal acts regulating the use of weapons by civilians in Ukraine are:

• The Criminal Code of Ukraine (CCU) – defines the circumstances under which the use of weapons may be considered lawful.
• The Law of Ukraine “On Protection of Public Order” – defines the rights and obligations of civilians in case of need for protection.
• Order of the Ministry of Internal Affairs No. 622 – regulates the procedure for the circulation of weapons among the civilian population.

According to Ukrainian law, the use of weapons is permitted in the context of necessary defense or extreme necessity. This means that weapons should be used when it is the only way to avoid a serious threat to life, health or property.

When can weapons be used?

1. Necessary defense

Article 36 of the CCU stipulates that everyone has the right to defend their life and health against unlawful encroachment. Defense is considered legitimate if it meets the following requirements:

• nature and intensity of the threat;
• no other way to avoid the danger.

2. An absolute necessity

If your life or the lives of other people are in danger and it is impossible to avoid the threat without using weapons, this will also be legitimate. But you should realize that the limits of “extreme necessity” will be assessed by the court in each individual case.

3. Protection of housing

The law allows you to use a weapon to defend your home against a criminal intrusion. For example, if someone tries to break down the door of your home, threatens you with a weapon, or otherwise endangers your life, this is grounds for the lawful use of a weapon.

How to act correctly?

1. Threat assessment

Before using a weapon, try to assess whether there is a real danger. If it is possible to avoid a conflict or call the police, it is better to choose these options.

2. Warning

If possible, warn the attacker that you are ready to use a weapon. For example, say loudly: “I am armed!” This may stop the aggressor without further escalation.

3. Accuracy of actions

If the situation requires the immediate use of a weapon, act decisively but in a manner that is appropriate to the circumstances. For example, shoot in the leg, if possible, to stop the attacker without causing fatal harm.

4. Calling the police

Notify law enforcement immediately after the incident. Describe the situation and provide your weapon for further examination. This will help you avoid charges of exceeding the limits of necessary defense.

5. Documenting the circumstances

Write down everything that happened: who attacked you, how and when, and what you did in response. If possible, find witnesses, as this will play an important role in the court proceedings.

What is prohibited?

• Use a weapon in conditions where there is no threat to life or health (for example, to intimidate or in response to verbal abuse).
• Shoot an attacker in the back if he or she has already retreated.
• Use weapons without prior registration or authorization.

Liability for violations

If the court proves that the use of the weapon was disproportionate to the threat or unreasonable, the owner may be charged under the CCU:

• Art. 118 – premeditated murder in excess of the limits of necessary defense.
• Art. 121 – infliction of grievous bodily harm.

The punishment can range from a fine to imprisonment.

The right of civilians to use weapons under martial law

On November 8, 2024, the Cabinet of Ministers of Ukraine amended the procedure for the use of firearms by civilians when participating in deterring and repelling armed aggression. The amendments allow citizens to use weapons found and declared in accordance with the Law “On Ensuring the Participation of Civilians in the Defense of Ukraine”.

What has changed:

1. Permission to use weapons

Civilians have the right to use firearms and ammunition that they have received or found and declared to defend Ukraine from the aggression of the Russian Federation and other states.

However, such actions are possible only within the procedure established by the Law.

2. Declaration of found weapons

Persons who find weapons are obliged to report them to the police by calling 102 or 112 and hand them over or declare them within 24 hours. Declared weapons may remain in the use of citizens for the duration of martial law.

3. Restrictions on declaration

The following items are not allowed to be declared:

• large caliber weapons (from 12.7 mm for rifled and over 23 mm for smoothbore)
• machine guns, grenade launchers, mortars, and other military equipment;
• weapons with removed markings or associated with criminal offenses.

4. Return of weapons after the end of martial law

After martial law is lifted, civilians are required to hand over their weapons to the police within 90 days. They can apply to take possession of the found weapons, if it is provided for by law.

Citizens of Ukraine will not be criminally liable for using weapons against aggressors if the actions are carried out within the framework of the current legislation. At the same time, violations of the law entail liability, including criminal liability.

It is worth remembering that weapons are not only a tool for self-defense, but also a source of great responsibility, and their use should always be the last option after all other means of avoiding a threat have been exhausted.

Compliance with the laws of Ukraine, conscious behavior, and respect for human life as the highest value are the main principles that every gun owner should remember.