Key Benefits:
Publics concerned: armourers and private individuals wishing to access the armor profession.
Subject: creation of an approval for the shipowners.
Entry into force: the text comes into force on the day after its publication. Specific transitional provisions are provided, on the one hand, for persons who exercise armor activity and, on the other, those who wish to enter the profession.
| Arms dealers in the arms retail trade from 5th to 7th grade | Effective six months after the issuance of the decree |
| Persons wishing to enter the profession | 31 December 2012 |
The above-mentioned decree of 6 May 1995 is amended in accordance with articles 2 to 6 of this decree.
Chapter I of title II is amended as follows:
1° Chapter I becomes chapter I bis;
2° Before chapter Ibis is inserted a chapter I, as follows:
“Chapter I
« Accreditation of the armourers
"Art. 5-1.-I. ― The approval of the shipowners planned for theArticle L. 2332-1-1 of the Defence Code is issued by prefectural order for a period of ten years.
"The application for approval is submitted by the person who exercises the armor business. If it is a legal person, it is presented by its legal representative and the approval is granted to it.
"The application is addressed to the prefect of the location of the establishment or, if not, the applicant's home and, in Paris, to the police prefect. A receipt is issued.
“II. ― Any renewal application shall be made under the terms of this chapter and may be filed six months before the expiry date of the licence. He's issued a receipt. This allows the continuation of the activity for a period of six months from the expiry date of the licence. The copy of the licence is attached to the renewal application.
"Art. 5-2.-The following documents are attached to the application for approval:
« 1° A document establishing the civil status of the individual;
« 2° A document establishing the professional skills of the person involved in copying it:
“(a) A diploma issued by France or an equivalent diploma or title issued by another Member State of the European Union or by another State Party to the agreement on the European Economic Area, sanctioning professional competence in the occupations of the armoury or arming; or
“(b) Certificate of professional qualification drawn up by the professional armory branch and approved by an order of the interior minister mentioned in 121-1; or
"(c) When the head of the company does not proceed directly to the sale to the public, of a Level IV diploma issued by France, by another Member State of the European Union or by another State Party to the Agreement on the European Economic Area, sanctioning training in the administration of the enterprises. In this case, the establishment must include in its staff at least one employee who holds one of the qualifications, titles or qualification certificates mentioned in the preceding paragraphs;
« 3° For nationals of a Member State of the European Union other than France or of another State Party to the Agreement on the European Economic Area, failing to produce a document mentioned in the 2° above, a document establishing the professional capacity of the interested party consisting in copying it:
“(a) If the armor activity is regulated in the State of origin of the applicant, the approval or equivalent title issued by the administrative authority of that State and justifying the ability to practise the armor profession;
“(b) If the armor activity is not regulated in the applicant's State of origin, any supporting evidence that it has exercised this activity in full time for at least three years in the last ten years;
« 4° One or more documents establishing the applicant's reasonableness and consisting of:
“(a) A statement on the applicant's honour that there is no prohibition, even temporary, of exercising a commercial profession;
“(b) For foreign nationals, a document equivalent to Bulletin No. 2 of the criminal record;
"Every document written in a foreign language is accompanied by its translation into French.
"Art. 5-3.-I. ― Accreditation may be refused when the applicant has been sentenced to imprisonment with or without a stay of more than three months, registered in his criminal record or, for foreign nationals, in a document equivalent to Bulletin 2 of the criminal record.
“II. ― Accreditation is denied to the applicant:
“(a) which is the subject of a protection regime under theArticle 440 of the Civil Code, who has been or has been admitted to psychiatric care under theArticle 706-135 of the Code of Criminal Procedure, who has been or is hospitalized without his consent due to mental disorders Articles L. 3212-1 to L. 3213-11 of the Public Health Code and persons whose mental state is manifestly incompatible with the detention of a weapon;
“(b) Listed in the national file of prohibitions on the acquisition and detention of armsArticle L. 2336-6 of the Defence Code or has been the subject of a judicial decision to prohibit the acquisition and detention of weapons that have become final;
"(c) That is the subject in a State other than France of measures equivalent to those defined in a and b above.
"Art. 5-4.-The authority that issued the licence may suspend it for a maximum of six months or withdraw it, where the conditions for the award of the licence are no longer met or for public and personal safety reasons.
"The withdrawal decision sets the person's time limit to liquidate the equipment. Upon expiry of this period, the application of theArticle L. 2336-4 of the Defence Code.
"Art. 5-5.-By derogation from Articles 5-1 to 5-4, the authorization to engage, under State control, in the manufacture and trade of equipment, weapons and ammunition of the first four categories provided for in Article 9 and issued for national defence reasons for a period of five years by the Minister of Defence shall, for the legal representative of a legal person referred to in Article 9 I of Article L. 2332-1 of the Defence Codethe approval provided for in Article L. 2332-1-1 of the same code. »
Section 7-1 is supplemented by a fifth subparagraph (d) as follows:
"(d) A copy of the approval or receipt of the application for approval. »
Article 7-5 is supplemented by a seventh paragraph as follows:
" ― the armor's approval. »
I. ― The first sentence of the second paragraph (a) of Article 9 is replaced by the following:
"To persons who are subject to a protection regime under theArticle 440 of the Civil Codewho have been or are being admitted to psychiatric care under theArticle 706-135 of the Code of Criminal Procedure, who have been or are hospitalized without their consent due to mental disorders Articles L. 3212-1 to L. 3213-11 of the Public Health Code and persons whose mental state is manifestly incompatible with the detention of a weapon. »
II. — The fifth paragraph of section 23 is replaced by the following provisions:
"—is the subject of a protection regime under theArticle 440 of the Civil Code, has been or has been admitted to psychiatric care under theArticle 706-135 of the Code of Criminal Procedure, has been or is hospitalized without his or her consent Articles L. 3212-1 to L. 3213-11 of the Public Health Code and persons whose mental state is manifestly incompatible with the detention of a weapon. »
III. ― In the second paragraph of section 71-2, the words:Article 490 of the Civil Code are replaced by the words: "of theArticle 440 of the Civil Code "
After section 121 is inserted a 121-1 article as follows:
"Art. 121-1. - 1° The Certificate of Professional Qualification referred to in 2° of Article 5-2 attests, inter alia, to master's skills:
“(a) Legislative and regulatory framework for the acquisition and possession of weapons, weapons and ammunition;
“(b) Rules of their marketing;
"(c) Rules of their security and conservation;
"(d) Technical know-how in the field of weapons, weapon elements and ammunition;
« 2° The certificate of professional qualification is approved under the following conditions:
“(a) An order of the Minister of Interior determines the specifications to which the certificate of professional qualification must satisfy;
“(b) An order issued by the Minister of Interior, with respect to this specifications, for a maximum of five years, the certificate of professional qualification drawn up by the professional branch of the armoury;
« 3° Accreditation may be withdrawn in the same forms if the training provided does not respect the specifications. »
Decree No. 2009-450 of 21 April 2009 referred to above is amended in accordance with articles 8 to 12 of this Decree.
Chapter I of title II is amended as follows:
1° Chapter I becomes chapter I bis;
2° Before chapter Ibis is inserted a chapter I, as follows:
“Chapter I
« Accreditation of the armourers
"Art. 5-1.-I. ― The approval of the shipowners planned for theArticle L. 2332-1-1 of the Defence Code is issued by order of the High Commissioner for a period of ten years.
"The application for approval is submitted by the person who exercises the armor business. If it is a legal person, it is presented by its legal representative and the approval is granted to it.
"The application is addressed to the High Commissioner of the Republic in French Polynesia. He's issued a receipt.
“II. ― Any renewal application shall be made under the terms of this chapter and may be filed six months before the expiry date of the licence. He's issued a receipt. This allows the continuation of the activity for a period of six months from the expiry date of the licence. The copy of the licence is attached to the renewal application.
"Art. 5-2.-The following documents are attached to the application for approval:
« 1° A document establishing the civil status of the individual;
« 2° A document establishing the professional skills of the person involved in copying it:
“(a) A diploma issued by France or an equivalent diploma or title issued by another Member State of the European Union or by another State Party to the agreement on the European Economic Area, sanctioning professional competence in the occupations of the armoury or arming; or
“(b) The certificate of professional qualification developed by the professional armory branch, either issued and approved by French Polynesia and recognized under the conditions set out in articles R. 373-3 to R. 373-9 of the education code, is registered in the national register of professional certifications; or
"(c) When the head of the company does not proceed directly to the sale to the public, of a Level IV diploma issued by France, by another Member State of the European Union or by another State Party to the Agreement on the European Economic Area, sanctioning training in the administration of the enterprises. In this case, the establishment must include in its staff at least one employee who holds one of the qualifications, titles or qualification certificates mentioned in the preceding paragraphs;
« 3° For nationals of a Member State of the European Union other than France or of another State Party to the Agreement on the European Economic Area, failing to produce a document mentioned in the 2° above, a document establishing the professional capacity of the interested party consisting in copying it:
“(a) If the armor activity is regulated in the State of origin of the applicant, the approval or equivalent title issued by the administrative authority of that State and justifying the ability to practise the armor profession;
“(b) If the armor activity is not regulated in the applicant's State of origin, any supporting evidence that it has exercised this activity in full time for at least three years in the last ten years;
« 4° One or more documents establishing the applicant's reasonableness of:
“(a) A statement on the applicant's honour that there is no prohibition, even temporary, of exercising a commercial profession;
“(b) For foreign nationals, a document equivalent to Bulletin No. 2 of the criminal record;
"Every document written in a foreign language is accompanied by its translation into French.
"Art. 5-3.-I. ― Accreditation may be refused when the applicant has been sentenced to imprisonment with or without a stay of more than three months, registered in his criminal record or, for foreign nationals, in a document equivalent to Bulletin 2 of the criminal record.
“II. ― Accreditation is denied to the applicant:
“(a) which is the subject of a protection regime under theArticle 440 of the Civil Code, who has been or has been admitted to psychiatric care under theArticle 706-135 of the Code of Criminal Procedure, who has been or is hospitalized without his consent due to mental disorders Articles L. 3212-1 to L. 3213-11 of the Public Health Code and persons whose mental state is manifestly incompatible with the detention of a weapon;
“(b) Listed in the national file of prohibitions on the acquisition and detention of armsArticle L. 2336-6 of the Defence Code or has been the subject of a judicial decision to prohibit the acquisition and detention of weapons that have become final;
"(c) That is the subject in a State other than France of measures equivalent to those defined in a and b above.
"Art. 5-4.-The authority that issued the licence may suspend it for a maximum of six months or withdraw it, where the conditions for the award of the licence are no longer met or for public and personal safety reasons.
"The withdrawal decision sets the person's time limit to liquidate the equipment. Upon expiry of this period, the application of theArticle L. 2336-4 of the Defence Code.
"Art. 5-5.-By derogation from Articles 5-1 to 5-4, the authorization to engage, under State control, in the manufacture and trade of equipment, weapons and ammunition of the first four categories provided for in Article 9 and issued for national defence reasons for a period of five years by the Minister of Defence shall, for the legal representative of a legal person referred to in Article 9 I of Article L. 2332-1 of the Defence Codethe approval provided for in Article L. 2332-1-1 of the same code. »
Article 7-1 is supplemented by a sixth subparagraph (e) as follows:
“e) A copy of the approval or receipt of the application for approval. »
Article 7-5 is supplemented by a seventh paragraph as follows:
" ― the armor's approval. »
I. ― The first sentence of the second paragraph (a) of Article 9 is replaced by the following:
"To persons who are subject to a protection regime under theArticle 440 of the Civil Code, who have been or are being admitted to psychiatric care, pursuant toArticle 706-135 of the Code of Criminal Procedure, who have been or are hospitalized without their consent due to mental disorders Articles L. 3212-1 to L. 3213-11 of the Public Health Code and persons whose mental state is manifestly incompatible with the detention of a weapon. »
II. — The fifth paragraph of section 26 is replaced by the following provisions:
"—is the subject of a protection regime under theArticle 440 of the Civil Code, has been or has been admitted to psychiatric care under theArticle 706-135 of the Code of Criminal Procedure, has been or is hospitalized without his or her consent Articles L. 3212-1 to L. 3213-11 of the Public Health Code and persons whose mental state is manifestly incompatible with the detention of a weapon. »
III. ― In the second paragraph of section 87, the words:Article 490 of the Civil Code are replaced by the words: "of theArticle 440 of the Civil Code "
After section 108 is inserted an article 108-1 as follows:
"Art. 108-1. - 1° The Certificate of Professional Qualification referred to in 2° of Article 5-2 attests, inter alia, to master's skills:
“(a) Legislative and regulatory framework for the acquisition and possession of weapons, weapons and ammunition;
“(b) Rules of their marketing;
"(c) Rules of their security and conservation;
"(d) Technical know-how in the field of weapons, weapon elements and ammunition;
« 2° The certificate of professional qualification is issued, approved and recognized under the following conditions:
“(a) It is issued by the French Polynesia and approved, for a maximum of five years, by the competent authorities of French Polynesia with regard to a notebook of the charges they define. Accreditation may be withdrawn under the same conditions if the training provided does not meet the specifications;
“(b) It may, at the request of the competent authorities of French Polynesia, be recognized by order of interested ministers, under the conditions set out in articles R. 373-3 to R. 373-9 of the Code of Education. »
Decree No. 2009-451 of 21 April 2009 referred to above is amended in accordance with articles 14 to 18 of this Decree.
Chapter I of title II is amended as follows:
1° Chapter I becomes chapter I bis;
2° Before chapter Ibis is inserted a chapter I, as follows:
“Chapter I
« Accreditation of the armourers
"Art. 5-1.-I. ― The approval of the shipowners planned for theArticle L. 2332-1-1 of the Defence Code is issued by order of the High Commissioner for a period of ten years.
"The application for approval is submitted by the person who exercises the armor business. If it is a legal person, it is presented by its legal representative and the approval is granted to it.
"The application is addressed to the High Commissioner of the Republic in New Caledonia. He's issued a receipt.
“II. ― Any renewal application shall be made under the terms of this chapter and may be filed six months before the expiry date of the licence. He's issued a receipt. This allows the continuation of the activity for a period of six months from the expiry date of the licence. The copy of the licence is attached to the renewal application.
"Art. 5-2.-The following documents are attached to the application for approval:
« 1° A document establishing the civil status of the individual;
« 2° A document establishing the professional skills of the person involved in copying it:
“(a) A diploma issued by France or an equivalent diploma or title issued by another Member State of the European Union or by another State Party to the agreement on the European Economic Area, sanctioning professional competence in the occupations of the armoury or arming; or
“(b) The certificate of professional qualification developed by the professional armoury branch, is registered in the Professional Certification Directory of New Caledonia, issued and approved by New Caledonia and recognized under the conditions set out in articles R. 374-6 to R. 374-12 of the Education Code, is registered in the National Register of Professional Certifications; or
"(c) When the head of the company does not proceed directly to the sale to the public, of a Level IV diploma issued by France, by another Member State of the European Union or by another State Party to the Agreement on the European Economic Area, sanctioning training in the administration of the enterprises. In this case, the establishment must include in its staff at least one employee who holds one of the qualifications, titles or qualification certificates mentioned in the preceding paragraphs;
« 3° For nationals of a Member State of the European Union other than France or of another State Party to the Agreement on the European Economic Area, failing to produce a document mentioned in the 2° above, a document establishing the professional capacity of the interested party consisting in copying it:
“(a) If the armor activity is regulated in the State of origin of the applicant, the approval or equivalent title issued by the administrative authority of that State and justifying the ability to practise the armor profession;
“(b) If the armor activity is not regulated in the applicant's State of origin, any supporting evidence that it has exercised this activity in full time for at least three years in the last ten years;
« 4° One or more documents establishing the applicant's reasonableness and consisting of:
“(a) A statement on the applicant's honour that there is no prohibition, even temporary, of exercising a commercial profession;
“(b) For foreign nationals, a document equivalent to Bulletin No. 2 of the criminal record;
"Every document written in a foreign language is accompanied by its translation into French.
"Art. 5-3.-I. ― Accreditation may be refused when the applicant has been sentenced to imprisonment with or without a stay of more than three months, registered in his criminal record or, for foreign nationals, in a document equivalent to Bulletin 2 of the criminal record.
“II. ― Accreditation is denied to the applicant:
“(a) which is the subject of a protection regime under theArticle 440 of the Civil Code, who has been or has been admitted to psychiatric care under theArticle 706-135 of the Code of Criminal Procedure, who has been or is hospitalized without his consent due to mental disorders Articles L. 3212-1 to L. 3213-11 of the Public Health Code and persons whose mental state is manifestly incompatible with the detention of a weapon;
“(b) Listed in the national file of prohibitions on the acquisition and detention of armsArticle L. 2336-6 of the Defence Code or has been the subject of a judicial decision to prohibit the acquisition and detention of weapons that have become final;
"(c) That is the subject in a State other than France of measures equivalent to those defined in a and b above.
"Art. 5-4.-The authority that issued the licence may suspend it for a maximum of six months or withdraw it, where the conditions for the award of the licence are no longer met or for public and personal safety reasons.
"The withdrawal decision sets the person's time limit to liquidate the equipment. Upon expiry of this period, the application of theArticle L. 2336-4 of the Defence Code.
"Art. 5-5.-By derogation from Articles 5-1 to 5-4, the authorization to engage, under State control, in the manufacture and trade of equipment, weapons and ammunition of the first four categories provided for in Article 9 and issued for national defence reasons for a period of five years by the Minister of Defence shall, for the legal representative of a legal person referred to in Article 9 I of Article L. 2332-1 of the Defence Codethe approval provided for in Article L. 2332-1-1 of the same code. »
Section 7-1 is supplemented by a fifth subparagraph (d) as follows:
"(d) A copy of the approval or receipt of the application for approval. »
Article 7-5 is supplemented by a seventh paragraph as follows:
" ― the armor's approval. »
I. ― The first sentence of the second paragraph (a) of Article 9 is replaced by the following:
"To persons who are subject to a protection regime under theArticle 440 of the Civil Codewho have been or are being admitted to psychiatric care under theArticle 706-135 of the Code of Criminal Procedure, have been or are hospitalized without their consent due to mental disorders Articles L. 3212-1 to L. 3213-11 of the Public Health Code and persons whose mental state is manifestly incompatible with the detention of a weapon. »
II. — The fifth paragraph of section 26 is replaced by the following provisions:
"—is the subject of a protection regime under theArticle 440 of the Civil Code, has been or has been admitted to psychiatric care under theArticle 706-135 of the Code of Criminal Procedure, has been or is hospitalized without its consent due to mental disorders in application of Articles L. 3212-1 to L. 3213-11 of the Public Health Code and persons whose mental state is manifestly incompatible with the detention of a weapon."
III. ― In the second paragraph of section 87, the words:Article 490 of the Civil Code are replaced by the words: "of theArticle 440 of the Civil Code "
After Article 109 is inserted an article 109-1 as follows:
"Art. 109-1. - 1° The Certificate of Professional Qualification referred to in 2° of Article 5-2 attests, inter alia, to master's skills:
“(a) Legislative and regulatory framework for the acquisition and possession of weapons, weapons and ammunition;
“(b) Rules of their marketing;
"(c) Rules of their security and conservation;
"(d) Technical know-how in the field of weapons, weapon elements and ammunition.
« 2° The certificate of professional qualification is issued, approved and recognized under the following conditions:
“(a) It is issued by New Caledonia and approved, for a maximum of five years, by the competent authorities of New Caledonia with regard to a specification of the duties they define. Accreditation may be withdrawn under the same conditions if the training provided does not meet the specifications;
“(b) It may, at the request of the competent authorities of New Caledonia, be recognized by order of interested ministers, under the conditions provided for in articles R. 374-6 to R. 374-12 of the Education Code. »
I. 1° Within the period of six months from the date of publication of this decree, the shipowners in office on that date must file an application for approval under the conditions defined in Article 5-1 of the decree of 6 May 1995 referred to above. They are exempted from producing one of the pieces listed in the 2nd of Article 5-2 justifying their professional skills. They are given a receipt which allows them to continue their activity until it is decided on the application for approval.
2° Applicants for the approval set out in Article 5-1 of the decree of 6 May 1995 referred to above other than those in office on the date of publication of this decree and who cannot produce one of the documents listed in the 2nd of Article 5-2 of the decree of 6 May 1995 referred to justifying their professional competence shall be exempted for applications submitted until 31 December 2012. They are, if any, granted a five-year approval. The renewal application is accompanied by one of the documents justifying their professional skills.
II. ∙ The provisions of this section are applicable in French Polynesia and New Caledonia. To this end, references to articles of decree of 6 May 1995 referred to above are replaced by the corresponding articles of decrees referred to above no 2009-450 of 21 April 2009 for French Polynesia and No. 2009-451 of 21 April 2009 for New Caledonia.
The Minister of Defence and Veterans Affairs, the Minister of the Interior, Overseas, Territorial Authorities and Immigration, and the Minister to the Minister of the Interior, Overseas, Territorial Authorities and Immigration, in charge of the Overseas, are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 9 November 2011.
François Fillon
By the Prime Minister:
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Claude Guéant
Minister of Defence
and veterans,
Gérard Longuet
The Minister to the Minister of Interior,
of the Overseas, territorial authorities
and immigration, in charge of the overseas,
Marie-Luce Penchard
