Key Benefits:
The Prime Minister,
On the report of the Minister of Interior, Overseas and Territorial Communities and the Minister of Defence,
Considering the code of defence;
Considering the Customs Code applicable in French Polynesia;
Vu le Criminal Code, including article R. 610-1 ;
Considering the Public Health Code;
Considering the decision of the Council of 27 November 2001 on the association of overseas countries and territories of the European Community;
Vu la Act No. 2004-192 of 27 February 2004 bearing the status of autonomy of French Polynesia;
Vu la Act No. 2004-193 of 27 February 2004 supplementing the status of autonomy of French Polynesia;
Vu le Decree No. 60-531 of 7 June 1960 relative to test benches for firearms;
Vu le Decree No. 71-807 of 20 September 1971 publishing the Convention for the Reciprocal Recognition of the Testing of Portable Firearms and the Regulation with Annexes I and II, made in Brussels on 1 July 1969;
Vu le Decree No. 95-589 of 6 May 1995 establishing the regime of war materials, weapons and ammunition;
Considering the opinion of the Government of French Polynesia of 30 September 2008;
The State Council (inland section) heard,
Decrete:
For the purposes of this decree:
– fist weapon: a weapon that is held by a pistol handle and cannot be peeled. The reference length of a fist weapon is measured above all;
– shoulder weapon: a gun that is shouldered to shoot. The entire length of a removable or foldable shoulder weapon is measured without the folded lap or lap.
A removable or foldable shoulder strap designed to be used for punching is assimilated to a punching weapon.
The reference length of the cannon of a shoulder weapon is measured from the rear end of the chamber to the other end of the weapon, flame cache or mouth brake not included;
– automatic weapon: any weapon which, after each shot, automatically recharges and which can, by one pressure on the relaxation, release a gust of several strokes;
― semi-automatic weapon: a weapon which, after each shot, automatically recharges and which, by a single pressure on the relaxation, can drop more than one shot;
• repetition weapon: a weapon that, after each shot, is manually reloaded by introduction into the cannon of a cartridge taken from a store and transported using a mechanism;
a weapon at once: a weapon without a store that is loaded before each stroke by manual introduction of the cartridge in the room or in a housing intended for this purpose at the entrance of the cannon;
- alarm weapon: a firearm intended by the percussion of the munition to cause an alarm sound effect, whose characteristics exclude the firing or conversion for the firing of any projectile, including bullet or scrap;
a starter weapon: a firearm intended by the percussion of the munition to cause an audible effect to mark the moment of departure of an action, whose characteristics exclude the firing or conversion for the firing of any projectile, including ball or scrap;
―signalling weapon: a firearm intended to pull a pyrotechnic signalling device, whose characteristics exclude the firing or conversion for the firing of any other projectile, including bullet or scrap;
―Perforating bullet ammunition: a ammunition with perforating hard core armoured bullet;
― explosive bullet munition: a bullet with an explosive charge during impact;
― incendiary bullet ammunition: a bullet-proof ammunition containing a chemical mixture igniting in contact with the air or during impact;
― Expansive ball ammunition: a munition whose projectile is specially shaped, in any way, to squeeze, to spread or to mushroom to impact. This includes in this category the hollow-point projectiles;
― initiated socket: a socket that has a primer without any other powder load;
– loaded socket: a socket that has a powder load without a primer;
– weapon element: part of an essential weapon to its operation;
― munition element: part of a munition such as projectile, primer, socket, initiated socket, loaded socket, initiated and loaded socket;
armor: an armourer means any natural or legal person whose professional activity consists in all or part in the manufacture, trade, exchange, rental, repair or processing of firearms;
―intermediation activity: any commercial or for-profit operation whose purpose is either to bring persons wishing to enter into a contract for the purchase or sale of war or similar equipment, or to enter into such a contract on behalf of one of the parties. This intermediation operation made for the benefit of any person in the place of his or her establishment takes the form of a brokerage or that of an operation subject to a particular mandate or commission contract.
The war materials, weapons and ammunition and elements covered by this decree are classified in the following categories:
A. ― War materials
1st category: firearms and ammunition designed for or intended for land, naval or air war:
Paragraph 1: Semi-automatic or repetitive punching weapons, firing a central percussion ammunition that was classified in this category by joint decree of Ministers of Defence and Interior and ministers responsible for industry and customs.
Paragraph 2: rifles, musketons and rifles of all calibres, repetitive or semi-automatic, designed for military use.
Paragraph 3: weapon elements (closing mechanisms, chambers, cannons, carcasses, barrels) of the weapons of paragraphs 1 and 2 excluding those of them who are also weapon elements of the weapons classified in 5th or 7th category.
Additional or alternative devices that alter or transform the weapon to classify it in this category, including by allowing shot by gusts.
Munitions with central percussion and their components of ammunition (projectiles, sockets, primed sockets, loaded sockets, loaded sockets and initiated) for the use of weapons in paragraphs 1 and 2 above.
Weapons loaders in paragraphs 1 and 2 of the 1st category. The regime applicable to these shippers is set by joint decree of Ministers of Defence and Interior and ministers responsible for industry, customs and youth and sports.
Paragraph 4: automatic guns, handguns and automatic rifles of all calibres.
Weapons elements (closing mechanisms, chambers, cannons, carcasses), weapon loaders above.
Paragraph 5: Other automatic weapons of all calibres.
Weapons elements (closing mechanisms, chambers, cannons, carcasses), weapon loaders above.
Paragraph 6: Night-shooting glasses or reduced visibility conditions using light intensification, infrared or any other technique, excluding glasses using only optical lenses, intended for the equipment of all weapons of all categories.
Paragraph 7: cannons, shells and mortars of all calibres, as well as their sharps, mouths, ass, sleds, brakes and waste pickers, special cannons for aircraft.
Paragraph 8:
(a) Munitions with central percussion, projectiles, casings, primed shells, loaded casings, wets initiated and loaded with the weapons listed above; artifices and apparatus loaded or not loaded, intended to bring out the projectiles referred to in this paragraph;
(b) Perforating, explosive or incendiary bullet munitions, projectiles, shells, primed sockets, loaded sockets, loaded sockets, loaded and initiated sockets.
Paragraph 9:
1. Charged or unloaded:
(a) Underwater Grenada;
(b) Granadas of all species and their launchers, except for grenades whose effect is only tear-gas.
2. Bombs, torpedoes and mines of all species, missiles, rockets and other types of projectiles, incendiary equipment, loaded or unloaded.
3. Artificials and apparatus intended to cause the material to explode from 1 and 2 above, loaded or not loaded.
4. Flemish launch and all projection equipment used for the chemical or incendiary war.
Paragraph 10: Explosive nuclear equipment, their specific components and specialized manufacturing and testing equipment.
Paragraph 11: Weapons to which a laser beam gives off-fighting or destruction capabilities.
Category 2: Equipment intended to carry or use firearms in combat:
Paragraph 1: Combat tanks, armoured vehicles, as well as their shields and turrets. Non-armoured vehicles, equipped with a fixed position or fitted with a special device (aerial defence circular check, launch ramps) for the installation or transport of weapons.
Paragraph 2: warships of all species including aircraft carriers and submarines, as well as their shields, turrets, casemates, sharps, ramps and launch tubes, catapults and the following elements of these vessels: nuclear boilers, power accumulators for submarines, anaerobic propulsion systems.
Paragraph 3: a.m.:
(a) Heavier or lighter aircraft than the air, mounted, dismantled or unmounted, designed for military needs, as well as their following elements: propellers, fuselages, shells, wings, gears, landing gears, piston engines, turbojet engines, statore, pulsore, rocket engines, turboprops, as well as turboprops, as
(b) Rotating, mounted, dismantled or unmounted wings designed for military purposes, as well as their following components: blades, rotor heads and flight control devices, transmission boxes, anti-couple devices and turboprop.
(c) Special equipment for aircraft designed for military needs: physiological and safety equipment, flight control and flight control equipment, navigation equipment, photographic equipment, complete parachutes. Specific fuel-flight refuelling equipment: flight refuelling perch, flexible fuel hose runner, coupling set, high-speed fuel pump, refuelling control system;
(d) Special machine guns and aircraft guns.
Paragraph 4:
(a) Periscopes, hyposcopes, observation devices (including imaging devices), viewing, detection or listening; pointing and adjustment devices; targeting, lens illumination, shooting or calculators for the 1st and 2nd category weapons fire.
Night vision equipment or reduced visibility conditions using the light infrared or passive infrared designed or modified for military use, or intended for such use, including monocular or binocular devices that can be implemented without the help of the hands;
(b) Equipment for carrying, lagging or launching bombs, grenades, torpedoes, missiles, rockets and other types of projectiles; equipment of port or largage of parachute loads;
(c) Communications and telecommunications equipment for military needs or the implementation of forces; electronic countermeasures equipment;
(d) Means of cryptology: hardware or software for processing by secret conventions clear information or signals into intelligible information or signals for third parties or performing the inverse operation when specially designed or modified to allow or facilitate the use or implementation of weapons;
(e) Waste equipment, lures and their launch systems.
3rd category: combat gas protection equipment and products for the chemical or incendiary war: complete, insulating or filtering materials, as well as their following constituent elements: masks, filtering devices, special clothing.
B. ― Weapons and weapon elements, ammunition and elements
of ammunition not considered as war materials
4th category: Defence firearms and their ammunition whose acquisition and detention are subject to authorization:
I. ― Paragraph 1: fist weapons not included in the first category, excluding pistols and revolvers from starter and alarm.
In this category, scavenger fists, including ring percussion weapons at a stroke whose total length is greater than 28 centimetres.
Paragraph 2: Convertible weapons to fist-arms referred to in paragraph 1 above; barrel-guns.
Paragraph 3: Slaughter guns using weapons ammunition in the 4th category.
Paragraph 4: Shoulder guns with a minimum total length of 80 centimetres or a length of the cannon of 45 centimetres or less.
Paragraph 5: Semi-automatic shoulder weapons with a store and a room with more than three cartridges.
Semi-automatic shoulder armors whose store and bedroom cannot contain more than three cartridges, the charger is removable or dismountable or for which it is not guaranteed that these weapons cannot be transformed, by a common tool, into weapons whose store and room can contain more than three cartridges.
Paragraph 6: Smooth, repetitive or semi-automatic guns whose length of the cannon does not exceed 60 centimetres.
Paragraph 7: Repetitive shoulder arms with a store or charger containing more than ten cartridges.
Paragraph 8: Smooth repetition armour with pump-refilling device.
Paragraph 9: semi-automatic or repetitive weapons having the appearance of an automatic weapon of war regardless of the calibre.
Paragraph 10: Camouflaged firearms in the form of another object.
Paragraph 11: weapon elements (closing mechanisms, cannons, chambers, barrels) of the weapons of this category, excluding those of them who are also weapons classified in 5th or 7th category.
Paragraph 12: Ammunition with metal projectiles for the use of weapons in this category, with the exception of ammunition classified by joint order of Ministers of Defence and Interior and ministers responsible for industry and customs in the 5th or 7th category.
Ammunition elements (tests, primed sockets, loaded sockets, initiated and loaded sockets) for the use of weapons in this category.
II. ― Paragraph 1: Weapons whose projectile is propelled by gas or compressed air classified in this category by joint decree of Ministers of Defence and Interior and Ministers of Industry and Customs.
Paragraph 2: shoulder-fired weapons and handguns manufactured to shoot a non-metallic bullet or projectiles classified in this category by decree of the Minister of Defence; ammunition provided with the same projectiles classified by the same order.
Paragraph 3: Signalling weapons whose characteristics are fixed by the order in paragraph 1 above.
III. Paragraph 1: 4th category arms loaders. The regime applicable to these shippers is set by joint decree of Ministers of Defence and Interior and ministers responsible for industry, customs and youth and sports.
5th category: hunting weapons and ammunition:
I. ― Weapons whose acquisition and detention are reported.
Paragraph 1: rifles, rifles and smooth cannon ducks pulling a shot by gun, other than those classified in previous categories.
Paragraph 2: rifles, rifles and smooth cannon ducks pulling a shot by cannon, other than those classified in the previous categories of which the calibre is between 10 and 28 included with a dispersing stripe or a casing for the exclusive shot of short-distance scrap.
Paragraph 3: rifles, rifles and ducks semi-automatic or repetitive to one or more smooth ducks, other than those classified in previous categories.
Paragraph 4: Striped and central percussion rifles and rifles, other than those classified in previous categories, with the exception of rifles and rifles capable of firing ammunition usable in weapons classified as war equipment.
Paragraph 5: rifles combining a striped cannon and a smooth cannon (mixed), two smooth cannons and a striped cannon or two striped cannons and a smooth cannon (drilling), two striped cannons (express), four cannons, one of which can be struck by a gun, with a total length of more than 80 centimetres or whose length of cannons is greater than 45 centi
Paragraph 6: weapon elements (closing mechanisms, chambers, guns) above.
II. – Munitions, ammunition elements (initiated wets, loaded wets, initiated and loaded wets) for the weapons of this category and primers for all ammunition of shoulder or fist weapons. Their acquisition and detention are not reported.
6th category: white weapons:
Paragraph 1: All objects that may constitute a dangerous weapon for public safety, including bayonets, bayonets, stabbers, daggers, knives, truncheons, puzzles, sword guns, leaded canes and irons, except those that are closed only at one end, arbalts, Japanese scourges, jet stars, punches
Paragraph 2: Incapacitive or tear gas generators classified in this category by joint decree of Ministers of Defence and Interior and Ministers of Industry and Customs.
7th category: firearms, fairs or living rooms and ammunition:
I. ― Weapons whose acquisition and detention are reported.
Paragraph 1: firearms of all calibres with an annular percussion, other than those classified in the 4th category above.
Weapons elements (closing mechanisms, chambers, guns) above.
Paragraph 2: Weapons whose projectile is propelled by gas or compressed air developing energy at the mouth greater than ten joules other than those classified in the fourth category.
Paragraph 3: Firearms manufactured to shoot a non-metallic bullet or projectiles classified in this category by order of the Minister of Defence.
Paragraph 4: alarm and starter weapons.
Signalling weapons whose characteristics are fixed by the order in paragraph 3 of II of the 4th category.
Paragraph 5: Weapons whose projectile is propelled by gas or compressed air when developing in the mouth an energy less than 10 joules and greater than 2 joules, and which were not classified in paragraph 1 of II of the 4th category.
Paragraph 6: weapons or objects having the appearance of a weapon, not classified in the other categories of this article, drawing a projectile or projecting gases, when they develop in the mouth an energy greater than 2 joules.
II. – Munitions, ammunition elements (initiated wets, loaded wets, initiated and loaded wets) for the use of weapons in this category. Their acquisition and detention are not reported.
8th category: historical and collection weapons and ammunition:
Paragraph 1: weapons whose model, except for which the year of manufacture is prior to dates fixed by the Minister of Defence, provided that they cannot draw ammunition classified in the 1st or 4th category above; Ammunition for these weapons, provided they do not contain any other explosive substance than black powder.
Control of the date of the model and year of manufacture of imported weapons shall be carried out in the cases and in the manner defined by joint decree of Ministers of Defence and Interior and Ministers responsible for industry and customs.
Paragraph 2: Weapons rendered unfit for the firing of all munitions, regardless of the model and year of manufacture by the application of technical processes and by means of terms defined by joint decree of Ministers of Defence and Interior and ministers responsible for industry and customs.
The application to weapons of the technical processes defined in the preceding paragraph, under the conditions defined by the interdepartmental order referred to above, shall be carried out by a designated establishment or a shipowner approved by order of the High Commissioner of the Republic in French Polynesia.
Monitoring of the application of technical processes that render weapons unfit for the firing of all ammunition is ensured by the military administration.
The control of the application to imported weapons of the technical processes defined in the first paragraph of this paragraph shall be carried out in a manner defined by joint decree of the Ministers of Defence and Interior and the Ministers responsible for industry and customs.
Weapons chargers classified in paragraph 2 above shall be rendered unusable by firing under the conditions fixed by the interdepartmental order referred to in the paragraph above.
Paragraph 3: Reproductions of historical and collection weapons whose model is prior to the date fixed by the Minister of Defence pursuant to paragraph 1 above and whose technical characteristics as well as ammunition are defined by joint decree of Ministers of Defence and Interior and Ministers of Industry and Customs.
These reproductions may only be imported, marketed or disposed of if they conform to the technical characteristics referred to in the preceding paragraph and found in a report of expertise made by a technical establishment designated by the Minister of Defence, in the cases and conditions determined by the interdepartmental order referred to in the above paragraph.
Reproductions of historical and collection weapons that do not comply with the provisions of this paragraph are, according to their technical characteristics, the regime applicable to weapons of the 1st, 4th, 5th or 7th grade.
C. ― Objects pulling a projectile or projecting gas when they develop in the mouth energy less than 2 joules are not weapons within the meaning of this decree.
Paragraph 1: Detection or observation satellites, their observation and shooting equipment, and their stations on operating ground, designed or modified for military use or to which their characteristics confer military capabilities.
Paragraph 2: Other satellites, their stations on the operating ground, their equipment specially designed or modified for military use.
Paragraph 3: rockets, space launchers, their essential components and specialized tools for the manufacture and testing of these devices.
Industrial operations entering the field of application of the defense code are limited to machining, moulding, weaving, assembly and assembly of the complete materials of the first four categories and their elements listed above, to operations bringing them to their final or very approached form, as well as to ammunition loadings.
Measures to implement articles 1 to 4 other than those provided by interdepartmental orders are taken:
(a) By order of the Minister of Defence, on the proposal of a commission established with the Minister comprising representatives of the departments concerned for all materials, excluding those defined in paragraph 4 d of the second category of section 2.
The composition and rules of operation of this commission are set by joint decree of the Prime Minister, ministers of interior, defence, justice and ministers responsible for industry, business and economic development, customs, the environment, overseas and youth and sports;
(b) By order of the Minister of Defence on the proposal of a special commission established with him, including representatives of the ministries concerned and the interdepartmental delegation for the security of information systems for the means of cryptology referred to in paragraph 4 (d) of the second category of section 2.
The composition and operating rules of this commission are determined by joint order of the Prime Minister and the Ministers of Defence, Interior and Foreign Affairs.
Any person who wants to engage in the manufacture or trade of the materials of the first seven categories is required to make the declaration to the High Commissioner of the Republic in French Polynesia, where he intends to create or use an establishment for that purpose. He is issued a receipt of this statement.
This declaration applies only to weapons of the 6th class to weapons named in the 6th class. The statement includes the following names and names of the declarant; date and place of birth; nationality; profession (manufacturer, merchant, etc.); place of practice of the profession; method of exercising the profession (individual enterprise, company or group of economic interest, and in the latter two cases, indication of the name or social reason, and names and addresses of managers, sponsors, board members or directors, directors); registration number to the local business directory.
Companies that manufacture or trade warfare and weapons and defence ammunition equipment (categories 1 to 4) cannot operate and the activity of their intermediaries or advertising agents may only be exercised after the authorization of the State or under its control, in accordance with the terms set out in articles 9 to 25.
The statement is delivered to the police station or the gendarmerie brigade at which the place of practice of the profession is located. The authority that receives it by issuing it, registers it without delay and transmits it to the High Commissioner of the Republic in French Polynesia.
In the event of a complete or partial termination of the activities that have been reported or changed to the place where these activities are carried out, the person concerned must make the declaration to the police station or to the gendarmerie brigade at the place of exercise of the profession.
I. ― The manufacture and trade of equipment, weapons and ammunition in the first four categories are subject to authorization.
II. ― Authorization cannot be granted:
(a) To persons who are subject to a protection regime under theArticle 490 of the Civil Code, who have been or are hospitalized without their consent due to mental disorders Articles L. 3212-1 to L. 3213-9 of the Public Health Code or benefit from test outputs under thearticle L. 3211-11 of the same code and persons whose mental state is manifestly incompatible with the detention of a weapon. The same is true when a person exercising, in the applicant economic interest corporation or grouping, a direction or stewardship function is subject to one of these plans;
(b) To companies that do not meet the following conditions:
- individual companies must be owned by a Frenchman or a national of a Member State of the European Community or another State Party to the Agreement on the European Economic Area;
- the associates and managers of the partnership must be French or nationals of a Member State of the European Community or another State Party to the Agreement on the European Economic Area;
– in companies by shares and limited liability companies, managers, sponsors, members of the board of directors, the board of directors or the supervisory board shall be French or nationals of a Member State of the European Community or another State Party to the Agreement on the European Economic Area. The majority of capital must be held by French or nationals of a Member State of the European Community or another State Party to the Agreement on the European Economic Area. The State may subordinate the granting of authorizations to the nominal form of actions;
(c) To companies that do not meet the following conditions when these companies request an authorization to manufacture or trade automatic weapons and warfare equipment under paragraphs 4 to 11 of the 1st category, the 2nd or the 3rd category of the A of Article 2 of this Order:
- individual companies must belong to a French national;
― associates and managers of partnership must be French;
― in equity companies and limited liability companies, managers, sponsors, board members, directories or supervisory boards must be French. The majority of capital must be held by French. The State may subordinate the granting of authorizations to the nominal form of actions.
III. ― Authorization may be denied:
- where the applicant or a person belonging to the supervisory bodies in the society or group of economic interest seeking or exercising a function of administrator, stewardship or management has been sentenced to imprisonment with or without a stay of more than three months, on Bulletin No. 2 of its judicial record or in an equivalent document for nationals of a Member State of the European Community or of another State Party to the Economic Agreement
– when its deliverance is likely to disturb public order or threaten the interests of the State.
IV. ―On an exceptional basis, the Minister of Defence may, for national defence reasons, grant authorizations derogating from the conditions defined in b and c of II.
The Minister of Defence may also authorize, by derogation from these conditions, the exercise, excluding any other commercial activity, of the trade in the import and export of 4th class weapons that are not subject to export control under the application of theArticle L. 2335-3 of the Defence Code. In this case, the application shall be made in accordance with the provisions of articles 10 to 15. The holder of the exemption shall be subject to the control provisions provided for by the Articles L. 2332-5 to L. 2332-9 of the Defence Code and administrative sanctions applicable to holders of 4th class trade authorization.
V. ― may be granted the authorization provided for in the last paragraph of Article 6 of the economic interest groups established in accordance with the applicable local regulations of which members individually meet the requirements of paragraphs 1 and 2 of this Article or receive an exemption under paragraph 3 of this Article.
VI. ― The State's notification of a contract of war equipment is a place of authorization for the holder and for the execution of the contract. The licensee shall remain subject to the same obligations as the licensees for the duration of such performance.
Requests for authorization in two identical copies shall conform to the models set out in the order set out in section 108.
At the request, the following information will be attached:
(a) For individual companies: justification of the applicant's nationality;
(b) For partnership: names of all partners in name, sponsors, sponsors and managers; justification for the nationality of such persons;
(c) For equities and limited liability companies: names of managers, sponsors, board members, director or supervisory board members; justification for the nationality of such persons, information concerning the nationality of shareholders or holders of social shares and the share of capital held by French citizens; form of securities of companies by shares;
(d) For economic interest groups: name of the director(s); in the event of a capital constitution, information concerning the nationality of the holders of the capital shares and the share of the capital held by the French holders;
(e) Where applicable, the nature of the manufactures carried out for the armies and the summary indication of their importance;
(f) Nature of activity or activities.
The national identity card, and for foreigners, the passport or the residence permit, shall be of the applicant's nationality.
Requests for authorization must be addressed to the Minister of Defence. They are registered and they are issued with receipt.
Authorizations shall be granted by decision of the Minister of Defence, after consultation with the department(s) concerned and the central security service of information systems in the case of authorizations relating to the means referred to in paragraph 4(d) of the second category of section 2.
The High Commissioner of the Republic in French Polynesia is informed of the authorizations granted by the Minister of Defence.
Authorities indicate:
1° The name or social reason, address or head office, principal institution and secondary institutions of the holders;
2° Places of practice of the profession or of execution of manufactures or trade;
3° Materials authorized to manufacture or trade;
4° The validity period. It does not exceed five years, but the authorization may be renewed, under the same conditions, at the end of each period.
Must be brought promptly to the attention of the Minister of Defence and the High Commissioner of the Republic in French Polynesia:
1° Any change in:
- the legal nature of the licensed business;
the nature or object of its activities;
the number or situation of the establishments;
- the identity or legal qualities of one or more of the persons referred to in Article 9, including their nationality;
2° Any assignments of shares or shares of society which may transfer to foreign nationals the control of the enterprises referred to in c of II of Article 9 of this decree and to nationals of other States than the Member States of the European Community or the States parties to the agreement on the European Economic Area the control of the enterprises referred to in b of II of the same article;
3° The total or partial cessation of the authorized activity.
The Minister of Defence may withdraw the authorization provided for in section 12 for reasons of public order and security of persons. It can also remove it:
(a) When the licensee ceases to meet the conditions required to obtain the authorization or in the event of a change occurring after the issuance of the authorization in the legal nature of the undertaking, the object or place of its activities;
(b) When the licensee ceases the exercise of authorized activities;
(c) When the licensee has committed an offence to the requirements of the defence code or the texts taken for its application or to the provisions of the local labour law applicable in the field of hygiene and safety, occupational medicine, concealed work and labour control;
(d) Where the natural person holding the authorization or a person belonging to the executive or supervisory bodies in the corporation or the economic interest group holding the authorization or exercising a function of administrator, stewardship or management has been sentenced to a penalty referred to in the first paragraph of Article 9 III or in the cases provided for in the second paragraph of Article III.
In the cases of withdrawal listed in this section, the person concerned shall, in order to dispose of the material subject to withdrawal, have a time limit set by the person upon notification of the withdrawal decision. Within this time limit, the subject-matter may carry out the sales operations prescribed by the regulations, excluding any manufacture and purchase of equipment affected by the withdrawal, as well as parts that can only be used for the manufacture of these materials. Upon expiry of the deadline, the administration may sell all equipment not yet disposed of at auction.
The High Commissioner of the Republic in French Polynesia is informed of the decision to withdraw authorization made by the Minister of Defence under this section.
Any holder of the authorization referred to in the last paragraph of section 6 shall be subject to the formalities and controls set out in sections 17, 18 and 19 below.
If the holder of arms or warfare material is possessed, the holder of the authorization referred to in the last paragraph of section 6 shall maintain a special register in which the materials being manufactured, repaired, processed, purchased, sold, leased or destroyed are registered.
If the licensee conducts intermediation operations within the meaning of section 1, the holder of the authorization referred to in the last paragraph of section 6 shall maintain a special register where, from the first contacts, the name of the undertakings connected or other participants in the operation, the content and the steps of the operation are recorded. In addition, the same register shall be entered, under the same conditions, the purchase and sale transactions relating to equipment located abroad where the materials concerned are not subject to the provisions of the Articles L. 2335-1 to L. 2335-3 of the Defence Code.
The records referred to in the preceding paragraphs are kept day by day, operation by operation, without blanks or rats. Composed of sheets conforming to the model defined by the order set out in section 108, they are listed on each page and marked on the first and last page by the competent police commissioner or the commander of the gendarmerie brigade.
The High Commissioner of the Republic in French Polynesia is responsible for the control of the special registers mentioned in the first paragraph of Article 17. To this end, it regularly carries out the inventory of weapons, weapons and ammunition.
Licensees referred to in the last paragraph of section 6 are required to leave the officers authorized by theArticle L. 2339-1 of the Defence Code access to the administrative premises of their company and those where weapons and ammunition are stored. They are also required to submit to the same officers the special records referred to in the first and second paragraph of Article 17 and any supporting documentation of the keeping of these records and to make a local suitable for the disposal of any officer performing a control.
The means referred to in paragraph 4 of the 2nd category of Article 2 shall be subject to a separate register, controlled by Customs agents acting in their jurisdiction, in accordance with the provisions of the Customs Code, as well as by the agents authorized by the Prime Minister and sworn in under the conditions fixed by decree in the Council of State.
In the event of a cessation of activity, the special register referred to in the first paragraph of Article 17 must be filed within three months either at the police station or at the headquarters of the gendarmerie brigade at the place of the activity. In the same case, the special register referred to in the second paragraph of section 17 must be sent promptly to the Minister of Defence. In the event of the resumption or continuation of the activity by an authorized person, the register is transferred to it.
The holders of the authorization referred to in the last paragraph of section 6 shall submit a biannual report of activities to the Minister of Defence (General Control of Armed Forces) before January 15 and before July 15 of each year. This record may take the form of a photocopy of their special registry or corresponding computer status.
A copy of this report is addressed to the High Commissioner of the Republic in French Polynesia.
Any holder of the authorization referred to in the last paragraph of Article 6 shall, before giving in any way a weapon or ammunition of the first four categories to an authorized merchant or manufacturer applicant, be presented by the latter copy of its valid authorization. The assignment may be limited to the materials for which the purchaser holds a manufacturing or commercial authorization or which are constituent elements of the materials for which he holds a manufacturing authorization.
The assignment is included in the special register provided for in Article 17.
1° Any holder of the authorization referred to in the last paragraph of section 6 shall, before giving in any capacity a weapon or ammunition of the first four categories to an applicant other than referred to in section 20, be submitted by the applicant:
(a) A document that conveys its identity and includes a photograph;
(b) The authorization for the acquisition and detention of which the person must hold; for persons referred to in article 28 of this decree, the receipt provided for in the same article.
2° The manufacturer or merchant is then held:
―to complete Parts 1 and 2 of the authorization or receipt that is presented to it by including the indications it is responsible for carrying it;
- to register the assignment on the special register referred to in section 17;
- to hand over to the purchaser Part 1 and to address Part 2 to the police authority that received the application.
3° The manufacturer or merchant to whom an Ammunition Inventory Replenishment Authorization is issued must, after having ascertained the identity of the purchaser:
―to have the authorisation or receipt of the acquisition and possession of arms and ammunition (volet No. 1) of which he must be a holder, to carry to the back of the said authorization the nature and number of the ceded munitions and the date of the assignment, to affix his commercial stamp and his signature;
―inscribe on the authorization to replenish stocks or the receipt of ammunition the mentions it bears to it;
∙ register the assignment on the special register provided for in Article 17;
― render to the holder the authorization or receipt of the acquisition and possession of arms and ammunition (volet 1) and send to the High Commissioner of the Republic in French Polynesia the authorization for replenishment of stock or the receipt of a completed ammunition.
The manufacture of weapons from weapon elements already put on the market is carried out under conditions fixed by joint decree of Ministers of Defence and Interior and ministers responsible for industry and customs.
Individuals and representatives of legal persons engaged in the arms trade and weapon elements of 5th and 7th grade are required to register day by day on a register referred to by the competent police commissioner or by the gendarmerie brigade commander the weapons and weapon elements of these categories purchased, leased or sold to the public (category, type, mark/model, calibre, serial number, name and address of the supplier and
This registration also includes the name and surname, the residence, date and place of birth of the purchaser or non-trader, as noted on an official document bearing a photograph. Also included in the registry, for the acquisition of weapons and weapon elements of the 5th category, references to the title submitted pursuant to section 52 and, for weapons and elements of paragraphs 1 and 2 of the I of the 7th category, references to membership in a hunting association for municipalities where there is or the possession of authorizations to hunt on their land issued 3° of Article L. 2336-1 of the Defence Code. The purchaser or the particular seller must affix its signature to the registry.
The record to be held under section 23 shall be retained for a period of ten years from the date of its closure. In the event of a final closure of the trade, it must be filed within three months either at the police station or at the gendarmerie brigade in the district where the trade fund is located; in case of change of owner, it may be used by the successor. The High Commissioner of the Republic in French Polynesia shall, at least twice a year, proceed to the collation of this register.
In order to make registrations on the registers held by merchants in the event of a correspondence sale of equipment in paragraphs 1 to 3 of the 1st category, 4th, 5th or 7th class, the buyer or non-trader must send to the merchant or manufacturer of arms or ammunition the certified photocopy conforming to the original of an official document bearing his photograph and his signature. If it is a foreigner residing in the territory of the Republic: a resident card or any other room holding place or national passport; if the foreigner resides outside the territory of the Republic, its national passport or national identity card. This photocopy must be retained for a period of ten years by the merchant or manufacturer.
The acquisition and detention of equipment, weapons, weapon elements, ammunition and ammunition in the first four categories are prohibited, unless authorized.
Authorization may not be given to individuals for additional devices in paragraph 3 of the 1st category and for weapons classified in paragraph 10 of the 4th category.
Authorization is not granted where the applicant:
― was sentenced to imprisonment with or without a stay of more than three months in Bulletin 2 of its criminal record or in an equivalent document for nationals of a Member State of the European Community or another State Party to the Agreement on the European Economic Area;
―is the subject of a protection regime under theArticle 490 of the Civil Code, has been or is hospitalized without its consent due to mental disorders Articles L. 3212-1 to L. 3213-9 of the Public Health Code or benefits from test outputs under thearticle L. 3211-11 of the same code or is in a physical or mental state manifestly incompatible with the detention of such equipment, weapons and ammunition;
― is registered in the national automated nominative file of prohibited arms acquisition and detentionArticle L. 2336-6 of the Defence Code.
The authorization for acquisition and detention under section 26 shall be granted for a maximum period of five years, subject to the provisions of sections 48 and 49 below.
Its renewal is granted under the conditions set out in sections 42 and 43 below.
1° (a) Officials and officials of the State public administrations in French Polynesia responsible for a police or repression service are authorized to acquire and hold weapons, weapon elements and ammunition in paragraphs 1 to 6, 9-1, b, and 9-3 of the 1st category, weapons, weapon elements and ammunition in the 4th category and weapons in the 6th category.
(b) Officials and officials of the state administrations other than those referred to in the preceding paragraph, exposed to risks of aggression may be authorized to acquire and hold weapons, weapons and ammunition:
- paragraphs 1 to 4 of the first category, with the exception of the additional provisions of paragraph 3;
– of the 4th category, with the exception of paragraph 10 of the 4th category.
(c) For the purpose of handover to officials and agents referred to in (a) and (b) above, for the performance of their functions, State administrations may acquire and hold:
– the weapons, weapon elements and ammunition defined in a and b above;
the material in paragraph 4(a) of the second category;
- firearms firing one or two non-metallic bullets or projectiles, classified in the 7th category by decree of the Minister of Defence.
The customs administration in French Polynesia may also acquire and hold arms and ammunition in paragraphs 7 and 8 of the 1st category and the equipment in paragraphs 2 to 4 of the 2nd category for their handover to its officials and agents for the performance of their duties.
The services of the national police and customs administration in French Polynesia may acquire and hold the equipment referred to in paragraph 4 (d) of the 2nd category relating to the weapons they use for the performance of their missions for the purpose of handing over to their officials and agents for the performance of their duties.
(d) Individual authorizations given to the above officials and agents are subject to the High Commissioner of the Republic in French Polynesia.
2° The categories of civil servants and agents entitled to the authorizations referred to in subparagraphs (a), (b), (c) and (d) of this article shall be determined by decrees of the High Commissioner of the Republic in French Polynesia.
3° Active officers, General Officers of the Reserve Framework, Reserve Officers and Active Officers assigned to French Polynesia are authorized to acquire and hold weapons, weapon elements and regulatory model ammunition in paragraphs 1 to 3 of the 1st Class and weapons, weapon elements and ammunition in the 4th Class.
Individuals domiciled in French Polynesia and referred to in paragraphs 1 and 3 of Article 28 must, prior to any purchase, make a declaration to the High Commissioner of the Republic in French Polynesia of their intention to acquire weapons or ammunition. This declaration is attached to a certificate issued by the administration or public service under their jurisdiction, specifying that the weapons or ammunition for which the acquisition is envisaged are necessary for the performance of the service.
For each administration, specific orders determine which authorities have jurisdiction to issue such certificates.
Upon receipt of the declaration, the High Commissioner of the Republic in French Polynesia shall issue to the interested parties a two-pronged receipt in accordance with the model set out in the Order in Rule 108.
The receipt is supplemented by the seller who submits voucher No. 1 to the holder and promptly addresses part No. 2 to the High Commissioner of the Republic in French Polynesia.
Can be allowed to acquire and hold weapons of the 1st and 4th categories, provided that they no longer allow the shooting of bullet or grenaille cartridges, companies that hire them to production companies of films or shows, as well as public entertainment establishments.
Producers of films and directors of show companies or organizers of shows, tenants of these weapons, are allowed to hand them, under their responsibility, to the actors and appearers during the time necessary for shooting or performing. Companies referred to in the first paragraph may be allowed to acquire and hold inert or white munitions; they may not be allowed to acquire and hold loaded ammunition or grenaille. These provisions apply to tenants and users of the weapons involved.
I. ∙ Can be allowed for the practice of sports shooting to acquire and hold:
(a) Weapons and weapon elements and ammunition in paragraphs 1 to 3 of the 1st category, with the exception of the additional devices in paragraph 3;
(b) Weapons in paragraphs 1, 2, 4 to 7, 9 of I and paragraph 1 of II of the 4th category, as well as weapons, ammunition and chargers related to it:
1° Sports associations approved for the practice of firing or authorized for military preparation, within the limits of a gun for twenty shooters or fraction of twenty shooters and a maximum of twenty weapons in addition to those that can be lent to them by the military authority for the purposes of training;
2° Persons who are at least twenty-one years of age and selected shooters less than twenty-one years of age participating in international competitions, members of such associations, holders of the shooting record in accordance with the provisions of Article 32 of this decree, fired from a federation having received delegation according to the local regulations and holding a favourable opinion of that federation, within the limits of twelve weapons, of which not more than seven of the weapons referred to in paragraphs 1 to 3 of the These weapons can only be used in a fire stand declared according to local regulations.
Persons who are at least 12 years of age may be allowed to acquire fist weapons in the 4th class, with an annular percussion at a stroke, subject to the licence provided for in the b of the 3rd of section 51 and, for minors of eighteen years of age, an authorization of the person exercising parental authority.
The acquisition and detention authorizations issued under this 2° shall be subject to a minimum number of controlled shooting practice sessions established by order.
The conditions and conditions for the issuance of favourable notices are fixed by order of the High Commissioner of the Republic in French Polynesia.
II. ― Restrictions made by the provisions of b of I to the number of weapons in the 4th class that may be acquired or detained, both by associations and by natural persons, do not apply to arsonal percussion weapons at a stroke.
III. – A joint decree of the Ministers of Defence and Interior and Ministers responsible for customs and sports fixed for the shooters referred to in 2° of B of I the conditions for the acquisition and detention of weapon elements corresponding to the weapons they hold.
The persons mentioned in the 2nd of Article 31 of this Decree shall be holders of a shooting record indicating the date of each controlled shooting practice session.
This notebook, issued by an approved sports association referred to in 1° of Article 31 of this decree, must be submitted to any requisition of the police, gendarmerie or customs.
The registered sports associations mentioned in the 1st of Article 31 of this Decree shall maintain a daily register indicating the name, first name and domicile of any person participating in a controlled shooting practice.
The register shall be made available to the sports federations of the associations and shall be submitted to any police or gendarmerie requisitions.
A joint order of the Minister of the Interior, the Minister of Defence and the Minister of Sport sets out the terms and conditions for the application of this section, including the typical model of the logbook and the logbook defined in the preceding paragraphs.
Forain fire operators authorized to operate in accordance with local regulations, within a third of the total number of weapons commissioned by the beneficiaries of their business, may be authorized to acquire and hold weapons of the 4th category with an annular percussion, of a calibre equal to or less than 6 mm and of a total length equal to or greater than 28 cm.
May be allowed to retain their weapons by the holders of weapons acquired as weapons of 5th, 7th or 8th category and subsequently ranked as purchases in 1st or 4th category, if they meet the requirements of Chapter I of Title III for the detention of newly classified weapons in the category.
This authorization, in accordance with the model set out in the Article 108 Order, may only be issued if the application is made within the six-month period following the entry into force of the 1st or 4th Class Weapons Classification Decision.
May be allowed to acquire a weapon in paragraph 1 of the 4th class and to hold it in the place of practice of their professional activity persons aged twenty-one years at least, at serious risk for their safety because of the nature or place of practice of that activity. Such persons may be allowed to acquire and hold at their home or in a secondary residence, for the same reason, a second fist weapon of the same paragraph of the same category.
Persons who benefited on the date of publication of this Order in Council from an authorization to hold a weapon in paragraph 1 of the 4th Class may, when exposed to serious security risks, be allowed to acquire or hold a fist weapon in the same paragraph of the same category.
I. ∙ may be authorized, subject to the provisions of Article 44, to acquire and hold war materials, weapons and ammunition:
1° People who exhibit them in museums, open to the public, for weapons, materials and ammunition of all categories;
2° The services of the State, for the purposes other than those of the national defence, for the 2nd category warfare equipment, paragraphs 1, 2, 3, the equipment of port and largage of paragraph 4 b only if they are dedicated to the port and largage of additional tanks, the equipment of information and communication systems only of paragraph 4 c of the 2nd category;
3° Other bodies of public or private law of general interest or of cultural, historical or scientific vocation, which contribute to the conservation, knowledge or study of war materials, for warfare materials of 2nd category, paragraphs 1, 2, 3, 4 b, for the sole equipment of port and largage dedicated to additional tanks and 4 c, as well as for the materials of 3rd category;
4° Physical persons who contribute, through the realization of collections, to the conservation, knowledge or study of war materials, for the 2nd category material referred to in 2°;
5° Educational and training institutions, in order to carry out their mission, for war materials of the second category, paragraphs 1, 2 and 3.
II. - Except for prototypes, authorizations for the acquisition and detention of warfare materials of the 2nd and 3rd categories referred to in I shall not be granted to applicants referred to in 2°, 3° and 4°, for a particular material, unless the first copy of the same type has been put into service thirty years at least before the date of filing of the application for authorization and if the manufacture of the last copy of the same type has been stopped at least twenty years before the date.
III. - By derogation from the provisions of Article 27, and subject to the right of withdrawal open to Article 48, the authorization to acquire and hold war materials referred to in Article I shall be granted without limitation of time. When the authorization relates to 2nd category warfare equipment, paragraphs 1, 2 and 3, the licensee is required to report any changes in the place of detention of the equipment at the High Commissioner of the Republic in French Polynesia.
Can be authorized to acquire and hold weapons and weapon elements in paragraphs 1 to 5 of the 1st category and weapons and weapon elements in the 4th category, except those in paragraph 1 of the III, companies testing these weapons or conducting tests of resistance using these weapons on products or materials they manufacture. These companies under their responsibility hand over the weapons and ammunition acquired to the people they charge to carry out these missions during the time necessary for their completion.
1° Experts authorized in arms and ammunition by the Court of Cassation or near the Court of Appeal of Papeete may be authorized by the High Commissioner of the Republic in French Polynesia to acquire and hold weapons, weapon elements, ammunition or ammunition or ammunition elements of the 1st category and weapons, weapon elements, ammunition or ammunition elements of the 4th category, with the exception of those required number 1
Authorization may be limited to the possession of a single copy of a weapon defined by its mark, model, calibre and firing mode. The same is true for weapon elements other than chargers and experts may acquire and hold 10,000 ammunitions of all calibres for this authorization. Weapons or weapons held in addition to those authorized must have been authorized or reported.
2° The expert must have a fixed and permanent location where he retains his weapons and establishes the seat of his activity. A special register must be maintained daily and marked on each page by the police commissioner or failing the gendarmerie commander. On the register in which the slips conform to the model set by the order set out in section 108 is entered without white or rature the list of weapons, weapon elements and ammunition acquired, held, lent, disposed, destroyed or consumed.
3° Each acquisition or assignment of arms, weapon elements or ammunition mentioned in the 1° is declared to the High Commissioner of the Republic in French Polynesia by the expert using the print conforming to the model fixed by the order set out in section 108.
4° The High Commissioner of the Republic in French Polynesia is responsible for the control of this register and its collation. To this end, it regularly carries out the inventory of weapons, weapon elements and ammunition. Authorized experts are required, for the purpose of control, to provide access to the premises where weapons are stored and to present this register and any supporting documentation to the officers authorized by theArticle L. 2339-1 of the Defence Code.
5° The approved and authorized expert shall provide the attestation of his re-registration on the lists of the Court of Cassation or the Court of Appeal of Papeete in the month following the date of the re-registration.
In the event of delisting before the annual term of registration, the Court of Cassation or the Court of Appeal of Papeete informs the High Commissioner of the Republic in French Polynesia.
In the event of a cessation of activity, the expert shall inform the High Commissioner of the French Polynesia within one month.
6° The authorization will be withdrawn when the authorized expert is to possess or dispose of weapons and weapons and ammunition without having made the declaration, and will not keep the special register on the day. It may be withdrawn when the expert does not retain weapons, weapons and ammunition under the conditions set out in sections 58 and 64.
7° The expert is required to inform the High Commissioner of the Republic in French Polynesia in the event of a change in the place of his activity and, if necessary, the representative of the State in the department or in the overseas community of his new home within a month of change of this place.
Authorizations for the acquisition and detention of arms granted shall be authorized for the acquisition and detention of the corresponding ammunition, under the following conditions, for authorizations issued under the title:
I. ― Articles 28 and 33, the first paragraph of Article 34 and Article 35: 50 guns;
Article 37: 200 guns.
The replenishment of these stocks is subject to authorization under the conditions set out in Article 47;
II. ∙ Section 31: 1,000 cartridges of 1st or 4th category per weapon per year.
Weapons holders referred to in section 31 may be authorized to acquire and hold ammunition in addition to the annual quantities set out above under the conditions set out in section 47.
It is authorized to acquire and hold, without limitation, casings or casings initiated, for the calibres of the weapons they hold the shooters regularly fired from the sport associations approved for the practice of firing or authorized for military preparation.
Authorizations for the acquisition and detention of arms granted to the undertakings referred to in Article 30 shall be authorized to acquire and hold the corresponding, inert or white ammunition, within the limit of 50 cartridges per weapon.
Expansive projectile munitions as well as these projectiles, used in fist weapons, and striped weapons of the 7th category cannot be acquired and detained, under the conditions provided by joint decree of the ministers of defence and interior and ministers responsible for the industry, customs and youth and sports for the calibre of the weapons they hold, only by the fighters authorized to use these weapons at the regular level
Any person who has possession of a weapon, weapon element or ammunition in the 1st or 4th class, found by the person or attributed to the person by inheritance, may retain them only if the person obtains the authorization granted under the conditions set out in this chapter.
The possession or attribution is found by the police commissioner or, if not, the gendarmerie commander of the place of residence, who complies with the requirements of section 45 or 2 of section 82, as the case may be.
This person may assign them to a merchant, authorized manufacturer or an authorized expert who has an authorization to inform the High Commissioner of the Republic in French Polynesia.
It may also hand them over to a shipowner for the purpose of destruction under the conditions provided for by a joint order of the Minister of the Interior and the Minister of Defence or hand them over to the State for the same purpose under the conditions provided for by joint order of these ministers as well as the Minister of Justice and the Minister responsible for the budget.
This weapon may also be rendered unfit for firing under the conditions set out in paragraph 2 of the 8th category of Article 2.
The authorizations referred to in articles 30 to 37 are issued, in each case, by the High Commissioner of the Republic in French Polynesia.
1° For authorizations relating to the material of the 2nd and 3rd categories that may be declassified, the authorization of the High Commissioner is granted under the conditions provided for by a joint decree of the Ministers of Defence and Interior.
2° For the authorizations referred to in section 36, where warfare material is classified as historical monuments, the decision can only be made after notice by the Minister responsible for culture.
Requests for authorization must be supported:
I. - In all cases of:
- supporting documentation of the domicile and place of activity for the experts referred to in section 38;
- Declaration, written and signed, indicating the number of weapons and ammunition held at the time of application, their categories, paragraph, size, mark and number;
- medical certificate dating less than fifteen days, certifying that the applicant's physical and mental health is not incompatible with the detention of weapons and ammunition, except for the authorizations required under sections 30, 37 and 38;
― medical certificate dating less than fifteen days, issued under the conditions set out in section 44, where the applicant declares that he has followed or is undergoing treatment in the service or the psychiatry sector of a health facility.
II. ∙ Complementary documents where the authorization is requested in the cases defined by the following articles of this Order:
1° For the authorizations referred to in Article 30, written and signed declaration, certifying that the weapons held were rendered unfit for the shooting of bullet or scrap ammunition;
2° For authorizations referred to in 1° of Article 31, declaration specifying:
- the date of the decision for approval or authorization of the guardianship authority;
- the specialities of shooting;
the number of registered members;
3° For authorizations referred to in 2° of Article 31(b):
proof of registration as a member of an accredited sports association;
― current licence of a sports federation having received delegation according to the applicable local regulations that exempts from the production of the medical certificate provided for in theArticle L. 2336-3 of the Defence Code where the issuance or renewal of this licence required the production of a medical certificate dating from less than one year and mentioning the absence of counter-indication to the practice of firing, the latter certified by the licence;
― favourable opinion of a sports federation;
- for sports shooters under twenty-one years, proof of selection for international competitions;
- for minors aged 18, authorization to acquire a weapon from a person exercising parental authority.
4° For the authorizations referred to in Article 33, a declaration specifying the number and nature of the weapons being put into service;
5° For the authorizations referred to in Article 34 and Article 35, a record giving the characteristics of the weapons in accordance with the model set out in Article 108 below for applications for authorization and mentioning the dates for the acquisition of arms;
6° For authorizations referred to in section 35:
(a) For persons who do not have French nationality at least twenty-one years of age, justification for their regular or privileged status. Members of the diplomatic corps and members of the consular body admitted to carrying out their activities in the territory of French Polynesia are exempted from this obligation;
(b) Indication of the address of the professional premises or secondary residence for persons requesting to hold a second weapon for that premises or residence;
7° For authorizations referred to in section 36:
- for all applicants: a report on means of protection against theft or intrusion and on the terms and conditions for the conservation of the equipment;
- for applicants other than museums: any document describing the application of the war materials, including the dates of entry into service of the first copy of the same type and the manufacture of the last copy of the same type; Certificate of neutralization of on-board arms and weapons systems; for 2nd category aircraft, paragraph 3, capable of flight, copy of valid airworthiness documents;
for legal persons, the supporting documents of the quality of their representative, their seat and their activity;
8° For the authorizations of Article 38, proof of registration on the list of experts authorized in arms and ammunition by the Court of Cassation or near the Court of Appeal of Papeete.
Any person who has been treated in the service or the psychiatry sector of a health facility and who wishes to acquire or hold a weapon or ammunition may not do so without producing a certificate that can only be issued by:
(a) University professors-patient practitioners and hospital practitioners in charge of the functions of chief of service in a public or private health institution that accommodates patients with mental disorders and psychiatrist doctors in medical and psychological centres;
(b) Psychiatric teachers of medical training and research units;
(c) Experts accredited by the psychiatric courts;
(d) Specialized doctors who hold the special education certificate or specialized degree in sworn psychiatry.
The validity of the certificate is limited to fifteen days from the date of the certificate.
All requests for authorization or renewal of authorization for the acquisition and detention of weapons, weapon elements, ammunition or ammunition, together with the necessary supporting documents, shall be submitted to the Commissioner of Police or, failing that, to the gendarmerie commander of the place of residence or, for persons without French nationality, to the place of their residence; they are registered and transmitted to the competent authority for decision.
This authority shall rule after:
- having issued Bulletin No. 2 of the appellant's criminal record;
―having made sure that it is not among those prohibited to acquire and hold arms under the Articles L. 2336-4 and L. 2336-5 of the Defence Code.
This authority may also, before deciding, if it deems it necessary, request the competent local health authorities to inform it, in accordance with the rules of medical secrecy, of the possible hospitalization of office or at the request of a third party in a health institution authorized in accordance with the local regulations or of the eventual treatment in a service or area of psychiatry of an applicant who has not produced a medical certificate less If this information confirms that the applicant should have attached the certificate to the applicant's request, the authority shall request the applicant to file the certificate without delay or to make any evidence that the applicant's request is not subject to the provisions of Article 44.
Its decision is notified through the police authority that received the application.
This authority refers to the date of notification on authorization.
The authorizations for the acquisition and detention of weapons, weapon elements, ammunition or ammunition elements are in accordance with the models set out in the Order in Rule 108.
Authorizations for acquisition and detention are supplemented by the seller under the conditions fixed by the 2nd of Article 21. Part 1 is returned to the licensee. Part 2 is sent by the seller's care to the police authority that received the application; the decision takes note of this and transmits it to the authority that made the decision.
The acquisition of the weapon must be carried out within six months from the date of notification of the authorization; past this deadline, this authorization is null and void.
However, on an exceptional basis, a longer period may be expressly provided for by the authorization itself.
The request for an authorization to complete ammunition stockpiles under section 39 shall be submitted to the Police Commissioner or, failing that, to the Gendarmerie Commander at the place of residence, together with any relevant justifications. It is registered and transmitted to the competent authority for decision.
The authorization in accordance with the model set out in the order provided for in section 108 shall be notified through the police authority that has received the application.
It is supplemented by the seller under the conditions set out in the 3rd of Article 21 and addressed by his care to the High Commissioner of the Republic in French Polynesia.
Authorizations for the acquisition and detention of war materials, weapons and ammunition may be withdrawn, for public or personal security reasons, by the authority which issued them.
Authorizations issued in the cases provided for in 2° of Article 31 and Article 33 shall not confer the right to hold the weapons and ammunition acquired for a period of limited to three years from the date of issuance of the authorization. They may be renewed upon request from interested parties.
The renewal application must be filed no later than three months before the expiry date of the authorization. He's issued a receipt. The authorization is valid for three months from the expiry date of the authorization. If the request for a renewal of authorization for a weapon is not filed within the prescribed time limit, it may no longer be granted a renewal authorization for that weapon unless the delay in the deposit is justified by an impediment to the person concerned.
In the event that the authorization for the acquisition and detention of arms is requested on the basis of the provisions of 2° of B of I of Article 31, the High Commissioner of the Republic in French Polynesia shall inform the approved sports association of the decisions of authorization, refusal of authorization, renewal, and, where applicable, refusal of renewal of authorizations concerning its members.
The authorizations referred to in sections 28 to 33 and 35 to 38 shall not be in full right as soon as the licensee ceases to meet the requirements or is registered in the national file provided for in theArticle L. 2336-6 of the Defence Code.
Delay their weapons and ammunition under the conditions provided for in Article 84:
– recipients of authorizations expiring and whose renewal has not been requested;
- recipients of withdrawn authorizations;
– the recipients of authorizations whose renewal was refused.
It is compiled with the High Commission of the Republic in French Polynesia a file of the holders of the equipment, weapons and ammunition of the 1st and 4th categories as well as weapons and weapon elements of the 5th and 7th categories.
When they transfer their domicile to another department or community of overseas, the holders must report to the representative of the State in that department or community of overseas the number and nature of the equipment, weapons and ammunition of the 1st and 4th categories, as well as the weapons and weapon elements submitted to the declaration of the 5th and 7th categories.
1° The acquisition and detention by persons of at least eighteen years of age of shoulder weapons, weapons and 8th-class ammunition and 6th-class weapons are free.
2° The acquisition and detention by persons of at least eighteen years of age of weapons and weapon elements in the 5th and 7th categories are carried out under the conditions set out in sections 52 to 57, 83 and 112.
3° Weapons and weapon elements of categories 5, 7 and 8, weapons of the 6th category listed in section 2 may, subject to the provisions of the 4th, be acquired or detained by minors only if they are more than sixteen years old, are authorized by the person exercising parental authority and shall also, in the case of weapons or weapon elements of the 5th, 6th or
(a) Be a holder of a hunting permit issued in the territory of the Republic or abroad or any other room held in lieu of a foreign hunting permit, which must be subject to the validation of the current year or the previous year and which must be submitted at the time of the acquisition;
(b) Be a licensee of a sports federation that has received delegation, according to local regulations, for the practice of shooting, ball-trap or white weapons. These weapons and weapon elements can only be surrendered to minors under the same conditions;
(c) Being a member of a hunting association, or being authorized by the owners to hunt on their lands.
The acquisition and detention by the same persons of ammunition and ammunition elements of the 5th, 7th and 8th categories are subject to one of the three conditions above without parental authorization being required.
The sale of these weapons, weapon elements, ammunition or ammunition to minors under the age of sixteen is prohibited.
4° Weapons in paragraph 5 of paragraph I of the 7th class may be acquired or detained by minors between the ages of nine and sixteen, provided that they are authorized to do so by the person exercising parental authority and that they hold the licence referred to in paragraph 3(b).
Except where it is made for the transfer to a Member State of the European Community or for the export to a third country, the acquisition of weapons, weapon elements, ammunition or ammunition elements of the 5th class shall be subject to the presentation, as the case may be, of a hunting permit or of any administrative part that takes place, regularly validated according to the local regulations, of the validation of the previous year or of the
For the acquisition of a weapon in the 5th category, the presentation of one of the securities provided for in the preceding paragraph, which is supplemented to the production of the medical certificate provided for in theArticle L. 2336-3 of the Defence Code.
In the absence of any of these securities, the acquisition is carried out under the conditions set out in section 54.
1° Where it is made for the transfer to a Member State of the European Community or for the export to a third country, the acquisition of arms of paragraphs 1 and 2 of the 7th class and ammunition, elements of munition of the II of the 7th class is not subject to the submission to the seller of a hunting permit issued according to the applicable local regulations or any administrative material held therein, regularly validated according to the local regulations
2° The acquisition of weapons in paragraph 3 of the 7th category, as well as the acquisition of weapons and ammunition in the 7th category, is not subject to the submission of one of the titles provided for in the 1st category.
3° The acquisition of the annular percussion weapons in paragraph 1 of paragraph 1 of the 7th class or the elements of such weapons or ammunition and ammunition elements of such weapons is not subject to the presentation of one of the titles mentioned in 1° if it is made by a registered association for the practice of sporting fire or by a forain operator authorized to operate in accordance with the applicable local regulations.
Any natural person in possession of a weapon or element of weapon of the 5th class or of the 7th class, found by him or her by way of inheritance, or who acquires it abroad, shall make a statement without delay, on the printed matter conforming to the model fixed by the order set out in section 108, the police station or the gendarmerie brigade of the home.
This statement is accompanied by a copy of a hunting permit issued on the territory of the Republic or abroad, or any other document held in lieu of a foreign hunting permit, subject to the validation of the current year or the previous year or, under the conditions of 4° of II of section 43, a licence of a sports federation having received delegation, according to the applicable local regulations, for the practice of shooting.
In the absence of any of these titles, it is accompanied by a medical certificate dating from less than fifteen days and attesting that the declarant's physical and mental health is not incompatible with the detention of these weapons and weapon elements.
The statement accompanied by one of these titles or the medical certificate placed under closed fold is transmitted by the police station or the gendarmerie brigade to the High Commissioner of the Republic in French Polynesia.
Any natural person who acquires in French Polynesia with an armourer or an individual in the presence of an armourer a weapon or weapon element of the I of the 5th class or the I of the 7th class shall make a statement on the print conforming to the model fixed by the order set out in article 108.
For the weapons of the 5th category and paragraphs 1, 2, 4, 5 and 6 of the I of the 7th category, this declaration is transmitted by the armourer to the High Commissioner of the Republic in French Polynesia. It shall be accompanied, as the case may be, by a copy of a hunting permit issued on the territory of the Republic or abroad or by any other document holding the place of a hunting permit carried by the validation of the current year or the previous year, or by a copy of the accession to a hunting association for the municipalities in which it exists, or by the authorization to hunt on their lands issued by the common owners for the purposes of
The presentation of one of the titles set out in the previous paragraph supplemented to the production of the medical certificate mentioned in theArticle L. 2336-3 of the Defence Code.
For weapons in paragraph 3 of the 7th category, the declaration is accompanied by the medical certificate referred to in Article L. 2336-3 of the Defence Code, placed under closed fold, dating less than fifteen days, certifying that the physical and mental health of the declarant is not incompatible with their detention.
The High Commissioner of the Republic in French Polynesia issues a receipt of this statement.
The High Commissioner of the Republic in French Polynesia asks the declarant to produce a medical certificate of less than fifteen days issued under the conditions provided for in section 44 if the competent local health authorities, consulted by the declarant's care, have reported that the declarant has been hospitalized ex officio or at the request of a third party in a health establishment authorized in accordance with the applicable local regulation or has been or has undergoing treatment in a service or sector.
In the case where the medical certificate provided for in the first paragraph establishes that the state of health of the declarant is incompatible with the detention of a weapon or in the case where the declarant is registered in the national automated file of prohibited persons for the acquisition and possession of weapons provided for in theArticle L. 2336-6 of the Defence Code, the High Commissioner of the Republic in French Polynesia orders the divestiture of the weapon or weapon elements under the conditions provided for in theArticle L. 2336-4 of the Defence Code.
Any legal person who acquires a weapon or element of weapon of the 5th class or of the 7th class with an individual in the presence of a shipowner or a shipowner must make, by his legal representative, a statement on the printed matter in accordance with the model fixed by the order provided for in section 108.
This statement is forwarded by the Armurier to the High Commissioner of the Republic in French Polynesia. This one delivers it.
Any natural or legal person engaged in the manufacture or trade of arms, weapon elements and ammunition in paragraphs 1 to 5 of the 1st category, as well as weapons, weapon elements and ammunition in the 4th, 5th or 7th class, except for the carbines at a stroke of 9, 12 or 14 millimetres with smooth guns, any authorized expert and authorized for that which
(a) Weapons, weapon elements and ammunition in the 1st and 4th category cannot be exposed to the public view. They can be presented to a prospective buyer. They are kept in commercial premises.
The outer window of the store must not contain any mention, in any form, related to these weapons.
Weapons, weapon elements and ammunition in paragraphs 1 to 5 of the 1st category and weapons, weapon elements and ammunition in the 4th category held in publicly accessible premises, must be locked in safes or in tightly sealed cabinets in the walls or on the ground.
Weapons of the same categories held in different locations of sale must be either rendered unusable, even by combining several elements, by removing one or more of the following security parts, depending on the type of the weapon: gun, ass, barrel or barrel support, percutor, collector spring, or kept in safes or strong cabinets, sealed in the walls
Any security document must be kept under the same conditions as the weapons that have not been rendered unusable;
(b) Weapons in the 5th and 7th category exposed in the showcase or held in the premises where public access is permitted are chained by a channel or cable in the bridges, with the chain or cable attached to the wall.
In the absence of a link, weapons are displayed on racks or in displays equipped with any system opposing their removal from the will of the manufacturer or merchant. These provisions are not applicable to the presentation of arms to the client as well as during repair operations;
(c) In the event of permanent exposure of 5th and 7th grade weapons, the outer window and main access door are protected, outside the hours of openness to the public, either by a metal closure of the curtain type or grid, or by any other equivalent device such as anti-effraction ice; secondary access doors of interest to the store and the premises assigned to the trade are strengthened, if necessary, and equipped with safety closure systems; windows and doors (other than the window itself) are protected by metal bars or shutters;
(d) A sound alarm system, or connected to a telemonitoring service, must be installed at the premises where the weapons referred to in the first paragraph are sold or retained. Only audible sound alarm devices can be installed and used on the public track;
(e) Ammunitions of 5th and 7th grade shall be retained or presented under conditions prohibiting open access to the public;
(f) Restrictions on the acquisition and possession of weapons and ammunition in the 5th and 7th grades set out in the fourth and fifth paragraph of section 26 shall be posted on the premises of the sale and on the premises of the exhibition.
1° Any person engaged in the trade in arms, weapon elements and ammunition in paragraphs 1 to 4 of the 1st category, as well as weapons, weapon elements and ammunition in the 4th, 5th or 7th category must have a fixed and permanent premises in which they must retain the weapons, weapon elements and ammunition that they hold.
When engaged in the retail trade, the merchant must operate in that location. Only the presentation and retail sale of weapons of the 6th and 8th categories can be made outside this fixed space.
2° By derogation from the provisions of 1°:
(a) Trade events may be organized under the conditions prescribed by local regulations;
(b) Without prejudice to the possible application of locally applicable regulations relating to unsealed sales, retail sales outside a fixed and permanent premises may be authorized by the High Commissioner of the Republic in French Polynesia at events other than those defined in a.
Only arms and weapon elements may be sold in any form to persons who have the authorization or declaration referred to in Article 6.
Organizers of trade fairs or public events where weapons and weapons are presented or sold are required to verify that exhibitors have the authorization or made the declaration referred to in Article 6.
3° To conduct public auctions, authorized departmental officers must have made the declaration referred to in section 6. They are also required for the public sale of weapons and weapon elements of the 1st and 4th categories to apply to the High Commissioner of the Republic in French Polynesia at least ten days before the date of sale. The lack of response from the administration within the time limits is authorized.
When they normally sell weapons of these categories, the High Commissioner of the Republic in French Polynesia may give them the authorization referred to in the last paragraph of Article 6.
Sales of weapons and weapon elements in the 1st and 4th categories must be reported annually to the Minister of Defence and the High Commissioner of the Republic in French Polynesia. This provision does not apply to Area Service Officers.
Only persons who hold an authorization or have made the declaration provided for in Article 6 may bid for the materials of the first four categories.
Departmental officers will be required to submit these documents before the sale.
The sales are registered in the register referred to in sections 17 or 23, or in the absence of a professional register that is obligated by the provisions applicable to the profession under review, subject to the inclusion of all references provided for in sections 17 or 23.
Weapons and weapon elements for the public auction are retained under the conditions set out in paragraphs (a) and (b) of section 64.
Sports associations approved for the practice of firing or authorized for military preparation shall, outside hours of access to facilities, take the following safety measures:
(a) Weapons in paragraphs 1 and 2 of the 1st category and weapons in the 4th category are either rendered unusable as specified in article 58, paragraph (a), or retained without being dismantled in safes or strong cabinets sealed in the walls or in strong rooms. They can also be kept in tights with a shielded door and the openings are protected by bars or metal shutters. The corresponding munitions are kept under the same conditions;
(b) Weapons in the 5th and 7th grade are chained by a chain or cable in the bridges, with the chain or cable attached to the wall. Otherwise, they can be equipped with an individual security system ensuring their fixation.
Access to weapons is placed under the control of one or more responsible persons designated by the president of the association.
Weapons in the 4th category held by Ford fire operators must be chained to the firing bench for the duration of their use. The weapons of the 4th and 7th categories shall, when they are not put into service, be removed from the firing facilities and stored in a guarded premises, their transport in closed boxes.
Weapons in the 1st and 4th category held by persons whose activity is to lease to film and television production companies as well as to entertainment companies must, when they are not used, be kept in safes or strong cabinets sealed in the walls or in strong rooms. They can also be kept in tights with a shielded door and the openings are protected by bars or metal shutters.
Tenants and temporary users, such as actors or figures, of these same weapons are required to take, during the duration of their service, security measures adapted to the requirements of shooting, spectacle or representation, in order to protect against flights.
For any lease contract, arms-owners must compile an inventory, specifying the characteristics of the weapons that are delivered (category, model, calibre, mark, number). This inventory is annexed to the rental contract.
Weapons, weapon elements and ammunition from the 1st and 4th category presented to the public in museums other than museums of the State and its public institutions are subject to the following requirements:
(a) The premises open to the public and the storage premises of the collections of the reserve are equipped with security closure systems as defined in c of section 58;
(b) The weapons displayed, or stored in the reserve, are rendered unusable by the removal of one of the security parts referred to in section 58 a. Weapons and weapon elements that are permanently exposed are, in addition, chained or equipped with a security stall system opposing their abduction;
(c) The owners of the collections maintain a special inventory of the weapons, weapon elements and ammunition of the 1st and 4th category with all indications relevant to their identification (category, model, calibre, brand, serial number). This inventory register is covered by the competent police commissioner or by the gendarmerie brigade commander and submitted to any requisition of the officials of the administration.
The materials of the 2nd and 3rd categories referred to in section 36 are held in a secure place.
2nd category aircraft, paragraph 3, are retained in a hangar, unless their size does not permit.
Land vehicles, ships and aircraft are out of operation immediately. Weapons and on-board weapons systems are neutralized in terms defined by joint decree of Ministers of Defence and Interior and ministers responsible for industry and customs.
Weapons, weapon elements and ammunition of the 1st and 4th category held by companies that test these weapons or carry out testing of materials using these weapons on products or materials that they manufacture must, when they are not used, be retained under the conditions specified in section 62.
Access to these weapons, weapon elements and ammunition is placed under the control of one or more responsible persons designated by the head of business or establishment.
Weapons, weapons and ammunition held by natural persons who have an authorization for acquisition and detention must be kept in safes or in strong cabinets. These persons are required to make any provision in order to avoid the use of these weapons by a third party.
Any request for authorization to acquire and hold, and any request for renewal of an authorization already granted, must be accompanied by the justification of the facilities referred to in the preceding paragraph.
1° The carrying and transport of shoulder weapons and ammunition of categories 5, 7 and 8 are free.
2° Except as provided in articles 70 and 71:
– the port of arms and ammunition of the 1st and 4th categories, 7th and 8th categories, 6th category weapons listed in Article 2 and, without legitimate reason, the port of other weapons of the 6th category;
– the legitimate transportation of weapons and ammunition from 1st and 4th grade, 6th grade weapons and 7th grade fist weapons.
The licence issued by a sports federation, referred to in the 4th of Article 43, is valid for legitimate carriage for the sports shooters referred to in the 2nd of Article 31 and for the persons carrying weapons of the 6th category, for the weapons used in the practice of sports under the said federation.
3° The weapons referred to in the 2° above are transported so as not to be immediately usable either by using a technical device that meets this objective or by dismantling one of their security parts.
4° By derogation from the 2° above, the port and transport of weapons of 1st and 4th category acquired and legally held whose employment is permitted for hunting are authorized for the exercise of this activity under the conditions provided for by joint decree of Ministers of Interior and Defence and ministers responsible for industry, trade, customs and the environment.
1° Officials and agents referred to in the 1st of Article 28 shall be allowed to carry, in the exercise or in the course of their duties, the weapons and ammunition of 1st, 4th and 6th categories that they hold under regular conditions.
For officials and agents referred to in the b of the 1st of the said article, the authorization orders provided for in the 2nd of the same article shall take individual authorizations for the carrying of arms.
2° The soldiers referred to in the 3rd of Article 28 shall carry their weapons and ammunition under the conditions defined by the particular regulations concerning them.
3° Officials and customs officers are also authorized, in the performance of their duties, to carry out the weapons and ammunition in paragraphs 1 to 6 of the 1st category and to use the weapons in paragraphs 7 and 8 of the 1st category and the equipment in paragraphs 2 to 4 of the 2nd category to which they were administered.
The Minister of the Interior may authorize, by order, any person exposed to exceptional risks to his or her life, upon his or her request, to carry and carry a fist weapon under a class and having certain characteristics and, within the limits set out in the first paragraph of section 35, the corresponding ammunition.
The authorization, issued for a period not exceeding one year, is renewable. It can be removed at any time.
The High Commissioner of the Republic in French Polynesia shall issue to the holder of this authorization to carry the weapon, upon presentation of the medical certificate referred to in 1° of Article 43, the authorization to acquire and hold, for the same period, the weapon of fist and, within the limits provided for in the first paragraph of Article 35, the corresponding ammunition. In the event of withdrawal or non-renewal of the authorization to carry a weapon, the authorization to acquire and hold a weapon shall be deducted immediately. The licensee then divested the weapon and ammunition under the conditions set out in section 84.
The Minister of the Interior may authorize, by order, any foreign person staying in French Polynesia, as well as persons ensuring his or her safety, at the request of the Government of the country whose personality is a national, to hold, carry and carry a fist weapon falling under a category and presenting certain characteristics and, within the limits set out in the first paragraph of Article 39, the corresponding ammunition.
Authorization may not be granted for a longer period than that of the stay in French Polynesia of the personality.
An order of the Minister of Interior determines the category and characteristics of the fist weapon authorized for the persons referred to in sections 70 and 71.
The provisions of this chapter apply to shipments and transportation of weapons and weapon elements of paragraphs 1 to 4 of the 1st category and weapons of the 4th, 5th or 7th category, whether or not these shipments and transport are subject to authorization, when carried on a professional basis. The provisions of sections 74, 77 and 1 of section 79 apply to shipments and transportation by individuals.
1° Shipments of weapons and weapon elements in paragraphs 1 to 4 of the 1st category and weapons and weapon elements in the 4th, 5th or 7th category must be carried out without any mention of the nature of the contents appear on the outer packaging.
2° In addition, any weapon in paragraphs 1 to 4 of the 1st category or any weapon in the 4th category shall be subject to two separate shipments:
―on the one hand, the weapons itself, on which one of the security parts referred to in article 58 was taken;
– on the other hand, security parts collected, which must be transported separately, at least twenty-four hours apart.
The provisions in the second paragraph of section 74 are not applicable to shipments of weapons under judicial seals.
Shipments by air of arms of paragraphs 1 to 4 of the 1st category, weapons of the 4th category or elements of these weapons classified in these categories must be carried out by a routing regime to meet the terms and conditions of time provided for in section 80. Weapons and elements of these classified weapons must be placed in cardboards or crates or enclosed metal containers.
Shipments by post of arms of paragraphs 1 to 4 of the 1st category, weapons of the 4th category or elements of these weapons classified in these categories must be carried out according to the procedure of the recommendation.
Shipments by sea of arms of paragraphs 1 to 4 of the 1st category, weapons of the 4th category or elements of these weapons classified in these categories must be carried out by a routing regime to meet the terms and conditions of the period provided for in section 80. Weapons and elements of these classified weapons must be placed in cardboards or crates or enclosed metal containers.
1° The carriage by road of arms of paragraphs 1 to 4 of the 1st category, of weapons of the 4th category or of elements of these weapons classified in these categories shall be carried out using locked vehicles.
2° Weapons and elements of these weapons classified in these categories must be placed in cardboards or crates or enclosed containers; They shall remain for the entire duration of the transport, including during loading and unloading operations and during stops in the course of travel, in the permanent custody of the driver of the vehicle or a conveyor.
3° When transport by road is carried out as part of a grouping of goods, the transport company must be informed of the contents of the packages delivered to it. It must take appropriate security measures to protect itself from theft during the various manipulations and, where appropriate, during the temporary storage of weapons and elements of such weapons classified in its stores.
Shippers or recipients of arms in paragraphs 1 to 4 of the 1st category, weapons in the 4th category or elements of these weapons classified in these categories must take all necessary measures to ensure that the stay of these materials does not exceed one working day in airports and three working days in ports.
The security conditions to be met by the loading, unloading and transit operations in the ports and airports of the weapons and elements of the above-mentioned weapons are set by joint decree of the Ministers of the Interior and Defence and ministers responsible for the industry, transport and customs.
1° The loss or theft is of a weapon, weapon element or ammunition of the 1st or 4th category, or a weapon or element of the 5th or 7th category, shall be subject to, without delay, by the holder, a written statement addressed to the Commissioner of Police or, failing that, to the Commander of the Gendarmerie Brigade and giving any relevant information on the circumstances.
During an expedition, the declaration is made under the same conditions by the owner.
If the holder is a tenant referred to in section 63, the holder must provide without delay a copy of that statement to the applicant.
2° It is issued to the registrant received from his statement. This is transmitted to the High Commissioner of the Republic in French Polynesia.
3° A new authorization may be granted or a new receipt issued to the interested party upon request.
4° The loss or theft of weapons, weapon elements or ammunition from the 1st, 4th or 7th category held by an administration or handed over by the latter to its officers, in accordance with the provisions of paragraph 1(c) of section 28, shall promptly be the subject of a written statement to the Commissioner of Police or, if not, to the commander of the gendarmerie brigade and give any relevant information on the loss or theft.
Any person who does not hold a manufacturing or commercial authorization and who wishes to transfer the property of a weapon, weapon element or ammunition from the 1st or 4th category must make a declaration to the High Commissioner of the Republic in French Polynesia.
1° When the weapon, weapon element or ammunition is transferred to an authorized manufacturer or merchant, the manufacturer shall:
(a) Cancels the corresponding acquisition carried on the authorization or receipt of the person performing the transfer and copy address of that document to the High Commissioner of the Republic in French Polynesia;
(b) Lists the transfer on the special register of Article 17;
2° When transferred to an individual, the individual must be regularly authorized to acquire and hold them under the conditions set out in Chapter I of this title.
The transfer is noted by the police commissioner or, if not, the gendarmerie brigade commander who:
(a) Cancels the corresponding acquisition carried on the authorization or receipt of the transferee;
(b) Completes Parts 1 and 2 of the authorization or receipt of acquisition and detention to which the beneficiary of the transfer transaction must be a holder; re-produce Component No. 1 to the interested party; transmits part 2 to the High Commissioner of the Republic in French Polynesia.
3° In the cases provided for in section 84 where the transfer may take place during a public auction, authorized or decided by the administrative authority, the notice of the transfer shall apply as provided for in this section.
4° A person who has transferred the ownership of a weapon, weapon element and ammunition may acquire a weapon, weapon element and replacement ammunition classified in the same category, even paragraph, provided that an acquisition is made within the time limit set out in section 46.
This short period is either the date of the cancellation of the acquisition of the transferred weapon, or the date of the handover of Part 1 to the transferee.
Depending on whether this new acquisition is carried out with a merchant or with an individual, the merchant or the police commissioner or, failing that, the gendarmerie brigade commander must send to the High Commissioner of the Republic in French Polynesia any indications necessary for the updating of Part 2 held by the latter.
Any individual who transfers to another individual the ownership of a weapon or element of weapon of the 5th class or the 7th class or I of the 7th class shall make the statement in writing to the Commissioner of Police or, failing that, to the Force Commander under the conditions set out in section 54.
He is given a receipt of this statement; the receipt shall be established in accordance with a model fixed by the order provided for in section 108.
The sports associations referred to in the 1st of Article 31 are allowed to give ammunition from the II of the 5th category and the II of the 7th category to their members under the following conditions:
― declaration to the High Commission of the Republic in French Polynesia;
― sale at least equal to the purchase price;
compliance with the regulations on powder deposits;
use exclusively in the authorized firing field.
I. ― The holder of a weapon, ammunition and their elements whose authorization has been withdrawn or refused to renew, or who has not requested the renewal of his or her authorization under the conditions set out in the first paragraph of section 49, shall be suspended within the three-month period following the notification of the decision of the High Commissioner of the Republic in French Polynesia of withdrawal or refusal, In the event of a risk to public order or security of persons, the High Commissioner of the Republic in French Polynesia may set a lower time limit.
II. ∙ The holder is segregated from the weapon, ammunition or elements subject to authorization, within the time limit set out in I, as follows:
(a) Sale to an armor or to an individual under the conditions fixed at 1° and 2° of Article 82;
(b) Neutralization in an establishment designated by joint order of the Minister of Interior, Minister of Defence, Minister of Industry and Minister of Customs;
(c) Destruction by an armourer under the conditions provided for by a joint order of the Minister of Interior and the Minister of Defence;
(d) Provision to the State for destruction under the conditions provided by a joint order of the Minister of Interior, the Minister of Defence, the Minister of Justice and the Minister responsible for the budget.
III. ― The holder shall demonstrate that he has detached himself from the weapon, ammunition and their elements according to one of the terms referred to in the II, by addressing the High Commissioner of the Republic in French Polynesia, at the latest at the expiry of the time referred to in I, the supporting document of this divestiture.
Otherwise, the High Commissioner of the Republic in French Polynesia informs the prosecutor of the Republic.
IV. ― War materials of the 2nd and 3rd categories whose authorization for acquisition and detention, granted pursuant to the provisions of section 36, has been withdrawn are either, provided that they have not been the subject of recognition as a national treasure or of a classification under historical monuments, assigned for destruction to a company holding the authorization of manufacture or trade in war materials of the 2nd andArticle L. 2332-1 of the Defence Code or exported under conditions Articles L. 2335-2 and L. 2335-3 of the Defence Code, be granted to a holder of the authorization for acquisition and detention under section 36.
For application II of Article L. 2336-4 of the Defence Code, the High Commissioner of the Republic in French Polynesia seizes the judge of freedoms and detention and informs the prosecutor of the Republic
Weapons and ammunition temporarily handed over or seized pursuant to I and II of Article L. 2336-4 of the Defence Code are retained, for a maximum of one year, by the National Police or the National Gendarmerie.
Prior to the expiry of this period, the High Commissioner of the Republic in French Polynesia either pronounces the return of the weapon and the ammunition, or their final seizure, after having invited the person holding the weapon and the ammunition to present his observations, in particular as to his wish to hold them again and as to the elements to establish that his behaviour or state of health no longer poses a serious and immediate danger to another person, or to another medical certificate.
When the acquisition and detention of the weapons and ammunition temporarily surrendered or seized is prohibited, the High Commissioner of the Republic in French Polynesia shall finalize their seizure.
Without prejudice to the provisions of sections 88 and 89, the final seizure of the weapon and ammunition whose acquisition and detention are not prohibited may be pronounced when the person concerned is subject to a protection regime under theArticle 490 of the Civil Code.
When the possession of the weapon and ammunition temporarily surrendered or seized is subject to authorization and the person is in possession of a valid detention permit, the High Commissioner of the Republic in French Polynesia shall withdraw the person.
In the event that, within the time limit provided for in section 86, the person, whether or not he or she has been granted a valid detention permit at the time of the handover or pre-trial seizure of the weapon and ammunition, is, on his or her request, authorized to hold them again under the conditions and in the manner prescribed in Chapter I of Title III, that weapon and ammunition shall be returned to him or her.
If the same person, within the same period, does not request permission to hold them again or if, having requested authorization, it does not obtain it, the High Commissioner of the Republic in French Polynesia shall give the final seizure of the weapon and the ammunition.
In the event that the weapon falls under I of the 5th category or paragraph 1 of the 7th category, the High Commissioner of the Republic in French Polynesia may return it only upon presentation by the interested person of one of the titles provided for in the French Polynesia 3° of Article L. 2336-1 of the Defence Codeunless that person made the discovery or inherited it.
If the detention of the weapon is reported, the High Commissioner of the Republic in French Polynesia may only return the weapon if the person concerned has declared the weapon under the conditions set out in sections 54 and 55.
The weapon and ammunition permanently seized by the High Commissioner of the Republic in French Polynesia, whose acquisition and detention are not prohibited, are sold to the public auction for the benefit of the person to whom they have been seized, unless the latter manifests its intention to forego the benefit of such a procedure to hand them back to the State.
In the latter case, as well as in the absence of an auction at the sale, this weapon and ammunition are surrendered for the purpose of destruction under the conditions provided for by joint order of the Minister of Justice, the Minister of Budget, the Minister of Interior and the Minister of Defence.
The same is true for the weapon and ammunition that the detaining person has surrendered pursuant to provisions of Article L. 2336-5 of the Defence Code and wishes, in accordance with the observations made in accordance with the provisions of the second paragraph of Article 86, to hand over to the State for destruction.
Following the establishment of the minutes scheduled for the sixth paragraph of Article L. 2336-5 of the Defence Codethe police commissioner or the commander of the gendarmerie brigade informs the High Commissioner of the Republic in French Polynesia of the seizure.
For the purposes of the provisions of this title, the entry into French Polynesia of weapons, ammunition, weapon elements and ammunition and materials related to weapons and ammunition from all sources must be understood by import.
By derogation from import prohibitionArticle L. 2335-1 of the Defence Codeauthorizations may be granted by the High Commissioner of the Republic in French Polynesia.
A committee meeting the services concerned may be set up by the High Commissioner to issue an opinion on import applications. A High Commissioner ' s order sets out the procedures for the operation of this committee.
Paragraph 1: With respect to warfare equipment, weapons, weapon elements, ammunition and ammunition classified in the first four categories:
1° To persons who meet the conditions set out in this decree to make it manufacture or trade.
2° To persons who have obtained, under the conditions defined by this decree, the authorization to acquire or hold them.
Paragraph 2: With respect to weapons, weapon elements, ammunition and ammunition classified in the 5th category:
1° To manufacturers or merchants who made the declaration provided for in Article 6;
2° To others, upon presentation of the documents provided for in Article 52 of this Decree.
Paragraph 3: with respect to 6th category weapons listed in Article 2:
1° To manufacturers and merchants who made the declaration provided for in Article 6;
2° To other persons, to hold them in their personal or professional capacity.
Paragraph 4: With respect to the equipment, weapons, weapon elements and ammunition referred to in paragraph 1 (c) of Article 28, to the administrations and public services referred to in the article.
Without prejudice to the more favourable provisions resulting from international agreements ratified by France, a general exemption is made to the prohibition of import provided for by theArticle L. 2335-1 of the Defence Code for:
(a) Materials, weapons, weapon elements, ammunition or ammunition imported under suspensive customs regimes for repair or temporary admission for testing or experiments;
(b) The elements intended, in the context of an intergovernmental cooperation agreement or an international arrangement concluded by the Minister of Defence, in the development phases, development, production or maintenance of war materials;
(c) Materials, weapons, weapon elements, ammunition or ammunition imported under the transit regime, carried on board without landing in the ports or aerodromes of French Polynesia, as well as equipment, weapons, weapons elements, ammunition or ammunition transferred on board with landing at the ports or aerodromes of French Polynesia in the cases listed below:
1. In the case of weapons, ammunition and their elements of the 1st or 4th category held or carried by natural persons who change aircraft or ship and who have been authorized by their national authorities to hold or carry them.
2. When it comes to weapons, ammunition and their elements in the 5th category or weapons in the 6th category.
This exemption may be suspended by a decision of the High Commissioner of the Republic;
(d) Materials, weapons, weapon elements, ammunition or ammunition reimported by exporters for the benefit of the customs return regime or as a result of a temporary export regime;
(e) Two I-hunting weapons of the 5th category imported under the customs regime of temporary admission and one hundred guns;
(f) Poing weapons and ammunition authorized by order of the Minister of the Interior pursuant to section 71;
(g) 2nd category warfare equipment imported under the customs regime of temporary intake, vehicles or tracked equipment to be transported by another vehicle equipped with tyres.
(h) War materials, weapons, weapon elements, ammunition and ammunition imported by the Department of Defence Services for these services.
War materials, weapons, weapon elements, ammunition or ammunition imported under the conditions specified in one of the cases mentioned in this section are exempted from the import authorization.
Military personnel, officials or officials of the administrations authorized to arm themselves under the conditions provided for in article 28, returning from a stay in service in another country or territory, may import on a simple presentation of the receipt provided for in the article the weapons and weapon elements that they hold regularly and the corresponding ammunition, up to a maximum of one hundred gun cartridges.
If they cannot present this receipt, they are required to deposit these weapons, weapons and ammunition at the first customs office; the weapons, weapon elements and ammunition thus deposited may only be withdrawn upon presentation of the said receipt.
In addition, the persons referred to in the first paragraph must withdraw within the period of one month, under the conditions provided for in section 82, from weapons of 1st or 4th category that they hold in excess of the limit of fifty cartridges per weapon set out in section 39.
Persons referred to in sections 31 to 35 carrying or transporting weapons, weapons or ammunition of 1st or 4th grade and entering or returning to the territory of French Polynesia may import such weapons, weapons and ammunition on a simple presentation of the relevant acquisition or detention authorization issued by the authorities cited in section 43.
If they cannot submit this authorization, they are required to deposit these weapons, weapons and ammunition at the first Customs office; weapons, weapon elements and ammunition so deposited may only be withdrawn upon presentation of the said authorization.
The final importation of materials, weapons, ammunition and their elements of the first four categories may be subject to the production of a certificate of importation of war materials, weapons and ammunition under the conditions prescribed by a decree of the Minister for Customs.
Is punished by the fine provided for the 5th class contraventions:
1° Any person, who holds the authorization to manufacture or trade warfare, arms and ammunition equipment in the 1st and 4th categories referred to in Article 6, who does not keep the special register provided for in Article 17 of this Decree or who does not file it in the event of a cessation of activity, in accordance with the provisions provided for in the latter Article.
2° Any person who holds the manufacturing or trade authorization referred to in section 6:
- that gives, in any event, any material, weapon, weapon, weapon or ammunition referred to in Article 20 of this Decree without the formalities required under Articles 20 and 21 of the same Decree;
- that disposes of any material, weapon, weapon, weapon, ammunition or ammunition referred to in Article 20 of this Decree without the documents provided for in this Article;
which does not fulfil the formalities provided for in the second and third paragraphs of Article 21 of this Decree.
Without prejudice to the withdrawal of authorization referred to in section 15, shall be punished by the fine provided for the contraventions of Class 4:
1° Any person who engages in the trade of the materials referred to in Article 23 of this Decree:
―without keeping day by day and in the forms provided for in article 23 of this decree the register provided for in the same article;
- without retaining the said registry within the time limit provided for in Article 24 of this Decree or failing to file it in the event of termination in accordance with the provisions of the same Article;
2° Any person who sells, by correspondence, equipment, weapons, weapons, ammunition or ammunitions referred to in Article 25 of this Decree without having received the documents provided for in this Article, or keeping them in accordance with the provisions that it provides.
Is punished by the fine provided for the contraventions of the 5th class any person who gives a weapon or element of weapon of the I of the 5th class or paragraphs 1 and 2 of the I of the 7th class by failing to be presented before the purchaser a permit of hunting carried on the validation of the current year or of the preceding federation, or a accession to an association
Is punished by the penalty of fines for the 5th class contraventions:
1° A minor under the age of sixteen who holds or acquires equipment, weapon, weapon element, ammunition or ammunition classified as 5th, 7th or 8th grade, as well as a 6th class weapon listed in Article 2;
2° Any minor over the age of sixteen who holds or acquires any equipment, weapon, weapon element, ammunition or ammunition referred to in the 4th of Article 26 without meeting the requirements of this Article;
3° Any person who, without meeting the conditions set out in the provisions of the same article, holds or acquires ammunition or projectiles referred to in section 40, except for those used in 4th grade fist weapons, and whose acquisition or detention is subject to the penalties prescribed in theArticle L. 2339-5 of the Defence Code.
Without prejudice to the withdrawal of authorization referred to in sections 15 and 48 above, the fine provided for in contraventions of Class 4 shall be punished:
1° Any person who does not make the declaration of loss or flight under section 81;
2° Any tenant referred to in section 63 who does not provide the applicant with a copy of the loss declaration provided for in the same section.
Is punished by the penalty of fines for the 4th class contraventions:
1° Any person who transfers his home to French Polynesia without making the declaration provided for in the second paragraph of Article 50;
2° Any person who transfers the property of a weapon or element of weapon submitted to a declaration of 5th and 7th class without having completed the declaration procedures provided for in section 83 above;
3° Any individual who is in possession of any equipment, weapon or weapon, referred to in sections 54 and 55 without making the declaration provided for in the same article.
In the event of the application of the penalties set out in sections 101, 102 and 103, the equipment, weapons, weapon elements or ammunition whose presentation to the sale, sale, acquisition or detention is not regular may be seized and confiscated.
Without prejudice to the withdrawal of authorization referred to in sections 15 and 48, the fine provided for in contraventions of Class 4 shall be punished:
1° Any person referred to in section 58 above, who does not retain the equipment, weapons and weapon elements that it holds in accordance with the provisions of that section;
2° Any person responsible for a sports association who does not retain the weapons, weapon elements and ammunition referred to in Article 60 above under the conditions provided for in this Article;
3° The wrought-fire operator who does not retain the weapons referred to in Article 61 under the conditions provided for in this Article;
4° Any head of business or establishment, whose security obligations referred to in section 62 are fulfilled by the company, which does not retain the weapons, weapon elements and ammunition referred to in this article under the conditions provided for in the same article;
5° Any person who engages in arms rental activities referred to in section 63, who is a tenant or who uses them temporarily, without retaining them under the conditions provided for in the same article;
6° Any owner of arms referred to in Article 63 who, in the event of rental, does not make the inventory of arms in accordance with the provisions of this Article or does not schedule this inventory to the lease agreement;
7° Any owner, director or official of a museum referred to in section 64 who does not take the security measures or fails to comply with the provisions prescribed in this article for the exhibition and conservation of weapons, weapon elements and ammunition referred to in the same article.
The same applies to any owner of the collections presented to the public pursuant to the above article who does not hold the inventory register provided for in Article 64 above in the manner prescribed by that article or does not present it to any requisition of the representatives of the administration;
8° Any person responsible for a company that tests weapons or conducts tests of materials with weapons, weapon elements and ammunition from the categories referred to in section 66 without complying with the security provisions provided for in this article for the conservation of such weapons.
Without prejudice to the withdrawal of authorization referred to in section 48, is punishable by the fine provided for in contraventions of the 5th class:
- any person who wears 7th or 8th grade fist weapons;
any person who carries a 7th grade fist weapon without a legitimate reason or fails to comply with the security provisions provided for in section 68.
Without prejudice to the withdrawal of authorization referred to in sections 15 and 48, the fine provided for in contraventions of Class 4 shall be punished:
1° Any person who ships weapons and weapon elements referred to in the first paragraph of Article 74 above without complying with the provisions of that paragraph and Article 77.
2° Any person who sends weapons referred to in the second paragraph of section 74, except for weapons shipped under judicial seals, without complying with the security measures set out in that paragraph.
3° Any person who sends weapons and weapon elements referred to in section 76 on a professional basis without complying with the security measures set out in this section.
4° Any person who ship, on a commercial basis, weapons and weapon elements referred to in section 78 without complying with the security measures set out in this section.
5° Any person who, knowingly, transports, on a road-by-road basis, weapons and weapon elements referred to in Article 79 without respect for the security measures provided for in this Article.
6° Any person who sends or transports, by road, weapons and weapon elements referred to in section 79 without respect for the safety measures provided for in that section.
7° Any person who transports in a particular way by road the weapons referred to in the first paragraph of Article 79 without respect for the security measure set out in that paragraph.
8° Any person who sends weapons or weapon elements referred to in section 80 on a professional basis and who by negligence lets these weapons and weapon elements stay more than one working day at airports and three working days at ports.
9° Any person acting in a professional capacity who does not comply with the security conditions established by the order set out in section 80 to which the loading, unloading and transit operations must be carried out in the ports and airports of the weapons and weapon elements mentioned in this article.
The models of prints for the authorizations of manufacture, trade, acquisition, detention, declaration and records mentioned in this decree are determined by joint decree of the Ministers of Defence and Interior.
The provisions of Chapter IV of Title II and Chapters III and V of Title III are not applicable to weapons, ammunition and their elements belonging to the military or civil services of the State or under their control. These weapons, ammunition and their elements are the subject of special provisions enacted by the ministers under these services.
The persons referred to in 2°, 3°, 4° and 5° of I of Article 36 who hold war materials on the date of publication of this decree and wish to continue to hold them request, within one year of that date, an authorization of detention under the conditions laid down in the 7th of Article 38 and 8th of Article 43.
If they do not request authorization within that period or if their application is rejected, the provisions of Article 84 IV shall apply.
Existing companies in the manufacture or trade of war and defence equipment and ammunition before the publication of this decree must request authorization to carry out their activities within six months of the publication of this decree.
They are granted receipt of this declaration; the receipt shall be established in accordance with a model fixed by the order provided for in section 108.
Any owner or holder, on the date of publication of this decree, of weapons or elements of arms of the 5th class or of the 7th class shall make the declaration, under the conditions provided for in Article 54, to the High Commissioner of the Republic in French Polynesia as soon as his domicile is located there.
He is given a receipt of this statement; the receipt shall be established in accordance with a model fixed by the order provided for in section 108.
The provisions of this article shall apply on the first day of the sixth month following the publication of this decree.
The provisions of this Decree other than those of articles 111 or 112 come into force on the first day of the third month following its publication.
The Minister of the Interior, the Overseas and the Territorial Communities, the Guard of Seals, Minister of Justice, Minister of Defence, Minister of Health and Sports, Minister of Budget, Public Accounts and Public Service, Secretary of State for Sport and Secretary of State for the Overseas are responsible, each with respect to it, for the execution of this official decree, which will be published in the French Republic.
Done in Paris, April 21, 2009.
François Fillon
By the Prime Minister:
The Minister of the Interior,
the overseas and territorial authorities,
Michèle Alliot-Marie
The Seal Guard, Minister of Justice,
Rachida Dati
Minister of Defence,
Hervé Morin
Minister of Health and Sports,
Roselyne Bachelot-Narquin
Minister of Budget, Public Accounts
and the Public Service,
Eric Woerth
Secretary of State
in charge of sports,
Bernard Laporte
Secretary of State
loaded with the overseas,
Yves Jégo
