Key Benefits:
Publics concerned: legal firearms holders (hasseurs, sports shooters...), professionals involved in the manufacture, trade or import, export and transfer of materials, weapons, ammunition and their components, sports associations and museums.
Purpose: Classification and legal regime of equipment, weapons, ammunition and their elements.
Entry into force: the text comes into force on 6 September 2013.
Notice: the decree enforces Act No. 2012-304 of 6 March 2012 on the establishment of modern, simplified and preventive arms control. In addition, it proceeds to the reform of Decree No. 95-589 of 6 May 1995 on the application of the decree of 18 April 1939 establishing the regime of war materials, weapons and ammunition, which it repeals.
Articles 1 and 2 of this decree define the different categories of weapons according to their legal regime of acquisition and detention in accordance with the European nomenclature set out in Council Directive 91/477/EEC of 18 June 1991 on the control of the acquisition and detention of arms, as amended by Council Directive 2008/51 of 21 May 2008.
The draft decree in the Council of State includes provisions relating to:
- the nomenclature and definitions of weapons, ammunition and their elements;
- the terms of acquisition and detention;
- manufacturing and trade in arms;
- the conservation and loss of ownership;
- the port and the transport;
- the acquisition and detention by residents of member States of the European Union and the transfer to or from those States;
- to criminal provisions.
References: This decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of the Interior, the Minister of Economy and Finance and the Minister of Defence,
Considering Directive 91/477/EEC of the Council of European Communities of 18 June 1991 on the control of the acquisition and detention of arms, as amended by Directive 2008/51/EC of the European Parliament and the Council of 21 May 2008;
Having regard to the civil code, including article 425;
Considering the trade code, including its article L. 251-1;
Considering the Defence Code, including its title III of Part 2 Book III;
Considering the Customs Code, including articles 38 and 56;
Considering the environmental code, including its article L. 423-21;
Considering the Heritage Code, including its article L. 622-16;
Considering the penal code, including articles 131-5-1, 131-16 and 131-43;
Considering the Code of Criminal Procedure, including article 706-135;
Considering the public health code, including articles L. 3212-1 to L. 3212-12, L. 3213-1 to L. 3213-11 and L. 3222-1;
Considering the internal security code, including its title I of Book III;
Considering the sport code, including its article L. 131-14;
Considering the labour code;
Having regard to Act No. 78-17 of 6 January 1978, as amended on computers, files and freedoms;
Having regard to Act No. 79-587 of 11 July 1979 amended on the motivation of administrative acts and the improvement of relations between the administration and the public;
Considering the amended Act No. 92-1477 of 31 December 1992 on products subject to certain restrictions of movement and complementarity between police, gendarmerie and customs services, including its article 3;
Having regard to Act No. 2000-321 of 12 April 2000 amended on the rights of citizens in their relations with administrations, including article 24 of the Act;
Having regard to Act No. 2009-1436 of 24 November 2009 amended prison, including article 12;
Having regard to Act No. 2012-304 of 6 March 2012 on the establishment of a modern, simplified and preventive arms control, including Article 33 thereof;
In view of Decree No. 60-12 of 12 January 1960, subjecting to compulsory testing portable firearms;
Having regard to amended Decree No. 70-708 of 31 July 1970 implementing Title I and certain provisions of Title II of Act No. 69-3 of 3 January 1969 on the exercise of ambulance activities and the regime applicable to persons travelling in France without domicile or fixed residence;
In view of Decree No. 71-807 of 20 September 1971 on the publication of the Convention for the Reciprocal Recognition of Poinçons d'essais des armes à feu portatifs et du règlement avec annexes I et II, made in Brussels on 1 July 1969;
Having regard to amended Decree No. 97-1194 of 19 December 1997 for the application to the Minister of Economy, Finance and Industry of 1° of Article 2 of Decree No. 97-34 of 15 January 1997 on the deconcentration of individual administrative decisions;
In view of the amended Decree No. 2000-376 of 28 April 2000 on the protection of funds transport;
Considering Decree No. 2011-1467 of 9 November 2011 on imports and exports outside the territory of the European Union of war materials, weapons and ammunition and similar materials and intra-communal transfers of defence-related products;
In view of Decree No. 2012-901 of 20 July 2012 on imports and exports outside the territory of the European Union of war materials, weapons and ammunition and similar materials and intra-community transfers of defence-related products, including Article 6;
Having regard to the opinion of the Local Finance Committee (the Standards Assessment Advisory Board) of 2 May 2013;
The State Council (inland section) heard,
Decrete:
For the purpose of this decree, the following means:
I. ∙ Weapons by nature and ammunition:
1° Accessories: additional parts that do not alter the intrinsic operation of the weapon, consisting of any devices intended to mitigate the noise caused by the shooting of the weapon. The accessories follow the legal regime of the weapon elements;
2° Arm: any object or device designed or intended by nature to kill, hurt, strike, neutralize or cause incapacity;
3° Smooth gun: a weapon whose soul of the cannon is of circular section and cannot give any movement of rotation to a single or multiple projectile;
4° Striped gun: weapon whose soul of the cannon is not a circular section and presents one or more conventional or polygonal stripes intended to give a rotation movement to a single or multiple projectile;
5° Firearm: weapon that pulls a projectile by the action of burning a propulsive load;
6° Automatic repetition arm: any weapon that, after each shot, automatically recharges and which can, by a single pressure on relaxation, release a gust of several strokes;
7° Manual repetition arm: weapon which, after each shot, is manually reloaded by introduction into the barrel of a munition taken from a power system and transported using a mechanism;
8° Semi-automatic repetition arm: weapon which, after each shot, automatically recharges and which, by a single pressure on the relaxation, can drop more than one shot;
9° Arm at one stroke: a weapon without a feeding system, which is loaded before each stroke by manual introduction of the munition in the room or in a housing intended for this effect at the entrance of the cannon;
10° White arm: any weapon whose perforating, sharp or breaking action is due only to the human force or to a mechanism to which it was transmitted, excluding an explosion;
11° Camouflaged arm: any weapon concealed in the form of another object, including another weapon;
12° Shoulder arm: shoulder gun 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 weapon is assimilated to a fist weapon and is subject to the same legal regime. 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 cannon, the demountable parts not included;
13° Poing arm: weapon that is held by a handle with one hand and is not intended to be molded. The reference length of a fist weapon is measured above all;
14° Incapacitating weapon acting by projection or emission: weapon having the effect of incapacitating and acting by remote projection or emission of the process or medium incapacitating;
15° Incapacitating contact arm: a defence weapon that has the effect of incapacitating and acting at touching ends;
16° Neutralized arm: weapon that has been made permanently unfit for the firing of any ammunition through the application of defined technical processes ensuring that all elements of the firearm to be neutralized have been made permanently unusable and impossible to modify;
17° Initiated socket: socket that has a primer without any other load of powder;
18° Loaded socket: socket with powder load;
19° Element of weapon: part of a weapon essential to its operation: cannon, carcass, ass, closure system, barrel, conversion, including the power systems that are assimilated to them;
20° Neutralized weapon element: part of a weapon essential to its operation made permanently unfit for its use by the application of defined technical processes;
21° Equation element: essential part of a munition such as projectile, primer, socket, initiated socket, loaded socket, initiated and loaded socket;
22° Munition à projectile expansif : munition whose projectile is specially shaped, in any way, to squeeze, spread or mushroom to impact. include in this category the hollow point projectiles;
23° Explosive projectile ammunition with projectile containing an explosive charge during impact;
24° Incendiary projectile munitions: projectile ammunition containing a chemical mixture igniting in contact with air or during impact;
25° Perforating projectile ammunition with perforating hard core chemized projectile;
26° Munition neutralized: munition with a diameter of less than 20 mm and the powder room has a lateral orifice of a diameter of not less than 2 mm containing no more powder and the primer has been struck. This operation is carried out by an armourer.
Ammunitions with special, explosive or incendiary use remain in all known functional cases;
27° Weapons feeding systems: consisting of stores that are an integral part of the weapon, tubular or integrated into the cult box, and independent stores of the weapon, tanks, chargers and bands, fixed or mobile during the shooting.
II. Other weapons:
1° White arm: object or device having or not the appearance of a firearm designed and intended by the percussion of the munition to cause only an audible effect and whose characteristics exclude firing or conversion without using an industrial process for firing any projectile (starter weapon, alarm weapon) ;
2° Signalling arm: firearm intended to pull a pyrotechnic signalling device, whose characteristics exclude firing or conversion without using an industrial process for firing any other projectile;
3° Didactic arm: an authentic weapon on which cuts or operations were performed to observe internal mechanisms, without altering its operation and having not undergone the neutralization process;
4° Faction arm: object having the appearance of a firearm likely to expel a non-metal projectile with energy at the mouth less than 2 joules;
5° Model: firearm reproduction on a scale other than 1:1 and guaranteeing non-interchangeability of the parts;
6° Inert Munition: factic ammunition that cannot be transformed into an active munition;
7° Paintball launcher: a system for non-pyrotechnically propelled a projectile intended to leave on the target only a trace visualizing the location of the impact;
8° Reproduction of a weapon: firearm reproducing identically a weapon that existed in its form and operation.
III. Activities related to weapons:
1° Intermediation activity: any commercial or not-for-profit operation whose purpose is either to bring persons wishing to enter into a contract for the purchase or sale of war materials, weapons and ammunition 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 transaction or of an operation subject to a specific mandate or commission contract;
2° Armurier: any natural or legal person whose professional activity consists in all or in part in the manufacture, trade, exchange, rental, repair or processing of weapons, essential elements and accessories of arms and ammunition;
3° Retail: armrest activity within the meaning of Article L. 313-2 of the Internal Security Code, carried out to a final consumer;
4° Broker: any natural or legal person engaged in an intermediation activity;
5° Deposit of arms: unlawful detention, by a person or organized band, in one or more places, of weapons or ammunition beyond the legal maximum number;
6° Illicit manufacture:
(a) Manufacture, transformation, modification or assembly of a weapon, its finished or unfinished essential elements, or ammunition without authorization or having applied the identification markings, excluding reloading operations carried out in a private setting from elements obtained in a lawful manner;
(b) Detention of any equipment or equipment specific to the manufacture of a weapon without the authorization of manufacture and trade;
7° Marking: apposition on one or more essential elements of any firearm, definitively and visible without dismantling, of identification elements consisting of:
(a) The indication of the manufacturer, country or place of manufacture, year of manufacture, model, calibre and serial number;
(b) The test punches according to the terms provided for by the provisions of the convention of 1 July 1969 for the mutual recognition of the test pieces of handguns;
(c) The possible indication of an assignment operated by the State;
(d) The possible indication of a neutralization of the weapon, including the punch, affixed by the authority that sees the neutralization, attests to the unusable character of the weapon;
This marking applied to the munitions includes the name of the manufacturer, the lot identification number, the calibre, the type of ammunition and the test sign on the elementary packagings;
8° Industrial operations: industrial operations entering the scope of Article L. 2331-1 of the defence code constituted by the assembly operations, assembly of equipment of categories A, B and C, industrial loading of ammunition, and by the machining, casting or bending operations leading them to their final or very approached form;
9° Port of weapon: having a weapon on your own usable immediately;
10° Traceability: obligation to register the successive holders of a weapon and its numbered elements, from their manufacture to final possession by the last buyer;
11° Illicit traffic: acquisition, sale, delivery, transport of firearms, weapon elements, ammunition or elements of ammunition, tools or materials specific to the manufacture of weapons, without authorization or in violation of European or international regulations, from, to or through national territory or to the territory of another State;
12° Carriage of weapon: moving a weapon by having it with oneself and unusable immediately.
IV. ― are not weapons within the meaning of this decree objects pulling a projectile or throwing gas when they develop in the mouth energy less than 2 joules.
Sub-section 1.
War materials and weapons prohibit the acquisition and detention under category A are:
Section 1
Weapons and weapon elements that are prohibited from acquiring and holding Class A1 are:
1° Camouflaged firearms in the form of another object;
2° Ping firearms, regardless of type or operating system, having the following characteristics:
– allowing the firing of more than 21 ammunition without replenishment;
― accompanied by a power system of more than 20 cartridges;
3° Shoulder firearms, regardless of type or operating system, having the following characteristics:
– allowing the firing of more than 31 munitions without replenishment;
― accompanied by a power system of more than 30 cartridges;
4° Frozen guns and their ammunition whose projectile has a maximum diameter of 20 mm or more with the exception of weapons designed to draw exclusively non-metallic projectiles;
5° Smooth guns and ammunition of a calibre greater than calibre 8, excluding Category C or D weapons classified by joint decree of Ministers of Defence, Interior and Ministers of Customs and Industry;
6° Munitions whose projectile is greater than or equal to 20 mm, except those used by weapons classified as category D 1°;
7° Elements of these weapons and elements of these munitions;
8° Ping weapon system containing more than 20 ammunition;
9° Shoulder supply system containing more than 30 munitions;
10° Weapons or types of weapons with equivalent technical characteristics and which, for reasons of public danger, public order or security or national defence, are classified in this category by joint decree of Ministers of Defence, Interior and Ministers of Customs and Industry.
Section 2
Weapons belonging to war materials, equipment intended to carry or use firearms, combat gas protection equipment, which are classified as category A2, are as follows:
1° Automatically repetitive firearms, their essential elements specifically designed for them and any additional device allowing the shooting in a burst;
2° Munitions with perforating, explosive or incendiary projectiles and their elements;
3° Weapons to which a laser beam gives off-fighting or destruction capabilities;
4° Canons, shells, mortars, rocket launchers and grenade launchers, of all calibres, projectile launchers and projection systems specifically intended for military use or maintenance of order, as well as their turrets, sharps, fire mouths, launch tubes, integrated munition launchers, ass, sleds, brakes and waste pickers;
5° Munitions and ammunition elements for the weapons listed in 4°;
6° Bombs, torpedoes, mines, missiles, grenades, incendiary devices, loaded or unloaded, lures; launching or lagging equipment for the equipment referred to in this paragraph; fireworks and apparatus, loaded or unloaded, intended to cause the equipment or ammunition referred to in 5° and 6° to explode;
7° Explosive nuclear equipment, their specific components and specialized equipment or software for development, manufacturing and testing;
8° Armoured or non-armoured combat vehicles, equipped with a fixed station or equipped with a special device for the assembly or transport of weapons as well as their shields and turrets;
9° Heavier or lighter aeroplanes than the air, whether mounted or not, with fixed or rotating wings, piloted or unmanned, designed for military needs as well as their following elements: engines, fuses, cells, wings, enclosures;
10° Warships of all species as well as their shields, turrets, sharps, ramps and launch tubes and the following elements of these vessels: combat systems, nuclear boilers, power accumulators for submarines, anaerobic propulsion systems;
11° Aircraft engines specially designed or modified for missiles;
12° Communications and telecommunications equipment designed for military needs or for the implementation of specially designed forces and software; electronic countermeasures equipment and their specially designed software;
13° Encryption means specially designed or modified to carry, use or implement weapons, support or implement the armed forces;
14° Observation or shooting equipment designed for military use; sighting or night vision equipment or reduced visibility conditions using light intensification or passive infrared intended exclusively for military and material use of the same technologies that can be implemented without the help of the hands;
15° Equipment, including calculators, navigation, detection, identification, pointing, target or purpose designation, firing conduct, for the use of weapons and equipment in this category;
16° Communications detection or interference equipment designed for military use or national security;
17° Materials, specially designed for military use, detection and protection against biological or chemical agents and against radiological risks;
18° Weapons or type of weapons, equipment or type of equipment with equivalent technical characteristics classified in this category for national defence reasons defined by joint decree of Ministers of Defence, Interior and Ministers of Customs and Industry.
Section 3
Weapons subject to authorization for acquisition and detention, which fall under category B, are:
1° Guns and weapons converted to fist weapons not included in other categories;
2° Shoulder firearms:
(a) Semi-automatic repetition, whose projectile has a diameter of less than 20 mm, with a capacity greater than 3 strokes or equipped with a removable power system and not exceeding 31 strokes without a replenishment;
(b) Manual repetition, whose projectile has a diameter of less than 20 mm, with a capacity greater than 11 strokes and not exceeding 31 shots without replenishment;
(c) A striped cannon with a minimum total length of 80 centimetres or less than or equal to 45 centimetres;
(d) A smooth, repetitive or semi-automatic cannon with a minimum total length of 80 centimetres or less than or equal to 60 cm;
(e) Having the appearance of an automatic weapon of war;
(f) Smooth cannon repetition with a pump reloading device;
3° Firearms made to shoot a bullet or several non-metallic projectiles and ammunition classified in this category by joint decree of the Ministers of Defence, Interior and Ministers responsible for customs and industry;
4° Weapons capturing the following calibres, regardless of their type or operating system and their ammunition, except those classified in category A:
(a) Caliber 7,62 × 39;
(b) Caliber 5,56 × 45;
(c) Caliber 5,45 × 39 Russian;
(d) Caliber 12.7 × 99;
(e) Caliber 14.5 × 114;
5° Elements of weapons classified at 1°, 2°, 3° and 4° of this category;
6° Electrical pulse weapons to cause remote electrical shock and ammunition;
7° Contact electrical impulse weapons to cause a touching end electrical shock, except those classified in another category defined by joint decree of Ministers of Defence, Interior and Ministers of Customs and Industry;
8° Incapacitating or tear gas generators, except those classified in another category by joint decree of Ministers of Defence, Interior and Ministers of Customs and Industry;
9° Weapons or types of weapons with equivalent technical characteristics which, for reasons of public danger, public order or security or national defence are classified in this category by joint decree of Ministers of Defence, Interior and Ministers of Customs and Industry;
10° Munitions with central percussion and their elements designed for fist weapons mentioned in the 1° except those classified in category C by a joint decree of Ministers of Defence, Interior and Ministers responsible for Customs and Industry.
Section 4
Weapons subject to declaration for acquisition and detention, which fall under category C, are:
1° Shoulder firearms:
(a) Semi-automatic repetition of which the projectile has a diameter of less than 20 mm equipped with removable power systems allowing the firing of 3 munitions at most without the replenishment;
(b) Manual repetition of which the projectile has a diameter of less than 20 mm equipped with power supply systems allowing the firing of 11 munitions at the most, without the replenishment, as well as the supply systems of these weapons;
(c) At one shot by cannon, at least one is not smooth;
2° Elements of these weapons;
3° Firearms manufactured to shoot a ball or several non-metallic projectiles classified in this category by joint decree of Ministers of Defence, Interior and Ministers responsible for customs and industry;
4° Weapons and launchers whose projectile is propelled in a non-pyrotechnical way with energy at the mouth greater than or equal to 20 joules;
5° Weapons or types of weapons with equivalent characteristics that, for reasons of public danger, public order or security or national defence are classified in this category by joint decree of Ministers of Defence, Interior and Ministers of Customs and Industry;
6° Munitions and elements of ammunition classified in this category according to the conditions specified in 10° of category B;
7° Munitions and elements of ammunition classified in this category by joint decree of Ministers of Defence, Interior and Ministers of Customs and Industry;
8° Other munitions and ammunitions of category C weapons.
Section 5
Weapons subject to registration and weapons and materials whose acquisition and detention are free, which fall under category D, are:
1° Firearms subject to registration:
(a) Smooth gun shoulder arm pulling a shot by gun;
(b) Elements of these weapons;
(c) Munitions and ammunition elements of these weapons;
2° Weapons and materials whose acquisition and detention are free:
(a) All objects that may constitute a dangerous weapon for public security including:
- non-cash fire weapons;
– the daggers, the daggers, the truncheons, the hypodermal spotters and other weapons on an order of the Minister of the Interior;
(b) Acrymogenic or incapacitating aerosol generators with a capacity of less than or equal to 100 ml classified in this category by joint decree of Ministers of Defence, Interior and Ministers responsible for Customs and Industry;
(c) Contact electrical impulses to cause a touching end electrical shock classified in this category by joint decree of Ministers of Defence, Interior and Ministers responsible for customs and industry;
(d) Firearms whose all elements have been neutralized:
- by the application of technical processes and in accordance with terms defined by joint decree of Ministers of Defence, Interior and Ministers of Customs and Industry;
― or by processes defined and controlled by another Member State of the European Union and attested by the affixing of punches and the issuance of a certificate, provided that they offer guarantees equivalent to the neutralization carried out in France;
(e) Historical and collection armies whose model is prior to January 1, 1900, with the exception of those classified in another category, because of their proven danger, especially because of their year of manufacture, by joint decree of Ministers of Defence, Interior and Ministers of Customs and Industry;
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;
(f) Reproductions of a weapon whose model is preceded by January 1, 1900 that could only draw ammunition without a metallic case;
These reproductions of historical and collectible weapons may only be imported, marketed or disposed of if they conform to the technical characteristics defined by joint decree of Ministers of Defence and Interior and Ministers of Industry and Customs and found in a report of expertise made by a technical institution designated by the Minister of Defence, in cases and conditions determined by the planned interdepartmental order.
Reproductions of historical and collection weapons that do not meet these provisions are, according to their technical characteristics, the regime applicable to weapons of categories A, B, and C of the 1st of this category;
(g) Historical and collection armies whose model is after January 1, 1900 and which are listed by a joint decree of the Minister of Interior and Defence in view of their cultural, historical or scientific interest;
(h) Weapons and launchers whose projectile is propelled in a non-pyrotechnic way with energy at the mouth between 2 and 20 joules;
(i) Weapons designed exclusively for the firing of white, gas or signalling and non-convertible ammunition for the firing of other projectiles and ammunition from these weapons;
(j) Munitions and elements of black powdered ammunition usable in historical and collection weapons, as well as weapons ammunition from the h of this category;
(k) War materials prior to January 1, 1946 and whose weapons are rendered unfit by the application of technical processes defined by decree of the Minister of Defence;
(l) Post-war equipment of 1 January 1946 whose arms are neutralized and listed by decree of the Minister of Defence.
I. ― Measures to implement articles 1 and 2, other than those provided by interdepartmental orders, shall be taken:
1° By order of the Minister of Defence for all equipment, excluding those defined in the 13th of Class A2 of section 2, on the proposal of a classification commission comprising representatives of the departments concerned;
The composition and rules of operation of this commission are set by joint order of the Prime Minister, Ministers of the Interior, Defence and Justice and Ministers responsible for industry and business and economic development, customs, environment and youth and sports;
2° By order of the Minister of Defence, on the proposal of a commission comprising representatives of the ministries concerned and the National Agency for the Safety of Information Systems for the means of cryptology referred to in 13° of category A2 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.
II. ― To classify weapons, weapon elements and ammunition in a specific category, the Orders shall take into account the characteristics equivalent to those of weapons, weapon elements and ammunition in that category, in particular for reasons of public danger, public order or security or national defence.
During their manufacture, firearms are marked with the indication of the manufacturer, country or place of manufacture, year of manufacture, model, calibre and serial number. They are also the subject, before they are placed on the market, of the affixing of test pieces according to the terms provided for by the provisions of the convention of July 1, 1969 for the mutual recognition of the test pieces of handguns.
Firearms belonging to the State are also subject to, in the event of an assignment, a marking bearing the indication of this assignment.
Elementary packagings of complete ammunition for firearms are subject to, prior to placing on the market, a marking containing the name of the manufacturer, the lot identification number, the calibre and the type of ammunition.
The marking during manufacture is affixed to one or more elements of the firearm and must be readable without dismantling it. The serial number is at least on the weapon's carcass. The test punch is affixed, in accordance with the provisions of the convention of July 1, 1969, on all the pieces strongly solicited by the test.
The marking may consist of the apposition of an alphanumeric code provided that it allows to determine that the weapon or ammunition was manufactured in France or in a State adhering to the Permanent International Commission or, in the case provided for in the second paragraph of Article 4, that the weapon was surrendered by the French State. A joint Order of Ministers of Defence and Interior and Ministers of Industry and Customs determines the elements of this Code.
Models of prints concerning the authorizations of manufacture, trade, acquisition, detention, declaration, application for registration and the records mentioned in this decree are determined by joint decree of Ministers of Defence and Interior.
The sale of weapons, ammunition and their elements in categories B, C and D is prohibited for minors.
The acquisition is made by the person who exercises parental authority, unless it is registered in the national file of prohibited persons of acquisition and detention:
1° On presentation of the hunting permit issued in France or abroad on behalf of the minor, or any other document held in lieu of a foreign hunting permit, accompanied by a validation title for the current year or the previous year;
2° Or a licence on behalf of the minor in the course of validity of a sports federation having received, under section L. 131-14 of the Sports Code, the delegation of the Minister responsible for sports for the practice of shooting or ball-trap.
Weapons, ammunition and their elements of categories C and D may only be detained by minors if they are more than sixteen years of age, are authorized by the person exercising parental authority, unless the person is registered in the national file of the prohibited persons of acquisition and detention, and meet the requirement of 1° of Article 7.
Weapons, ammunition and their elements of categories C and D may be detained by minors only if they are more than twelve years of age, are authorized by the person exercising parental authority, unless the person is registered in the national file of the prohibited persons of acquisition and detention, and meet on the condition of the 2nd of Article 7.
Weapons, ammunition and their elements of the h and j of the 2nd of category D may only be detained by minors if they are more than nine years old, are authorized by the person exercising parental authority, unless the person is registered in the national file of the prohibited persons of acquisition and detention, and are satisfied on the condition of the 2nd of Article 7.
The prefect directs the dismantling of the weapon or its elements under the conditions set out in Article L. 312-7 of the Internal Security Code when:
1° The declarant is registered in the national file of prohibited persons of acquisition and detention;
2° The applicant was sentenced for one of the offences referred to in the 1st of Article L. 312-3 of the Code of Internal Security contained in Bulletin No. 2 of its criminal record or in an equivalent document for nationals of a Member State of the European Union or another State Party to the Agreement on the Economic Area;
3° It is the result of the prefect's investigation that the applicant's behaviour is incompatible with the detention of a weapon; this investigation may result in the consultation of the automated processing of personal data referred to in article 26 of Act No. 78-17 of 6 January 1978;
4° The medical certificate provided for in the first paragraph of Article L. 312-6 of the Internal Security Code states that the state of health of the declarant is incompatible with the possession of a weapon.
The authorizations referred to in articles 26 to 28, 32 to 34 and 36 and 56 shall be issued in each case by the following authorities:
1° For authorizations relating to materials of category A2 that may be declassified, by the prefect of the department where the company's headquarters or the domicile of the applicant person is located, under the conditions provided for by a joint decree of Ministers of Defence and Interior;
2° For the authorizations referred to in section 32, by the prefect of the department in which is the headquarters of the company or establishment for the conveying companies of funds or by the prefect of the department where the establishment is located, which is required to ensure the security of its property;
3° For the authorizations mentioned in article 26, by the prefect of the department in which is located the headquarters of the company or the national theatre;
4° For the authorizations mentioned in 1° and 2° of Article 34, by the prefect of the department of the place of residence or the seat of the association;
5° For the authorizations mentioned in article 36, by the prefect of the department of the commune of connection or, in the event of establishment more than three months, of the site of the manifestation;
6° For the authorizations mentioned in articles 33 and 56, by the prefect of the department of the place of residence;
7° For the authorizations mentioned in article 27, by the prefect of the department in which the museum is located, other than a State museum, the seat of the legal person or the educational institution or the domicile of the natural person. When warfare material is classified as historical monuments, the decision is taken after notice of the Minister responsible for culture;
8° For the authorizations mentioned in article 28, by the prefect of the department in which the company's headquarters or its establishments are located.
Requests for authorization or renewal of authorization for the acquisition and detention of arms, ammunition or their elements together with the necessary supporting documents shall be forwarded for decision to the prefect of the place of residence or, for persons who do not have French nationality, to the place of their residence.
I. ― In all cases, applications must be accompanied by the following documents:
1° supporting document of the identity of the applicant in the course of validity;
2° supporting parts of the home or place of activity;
3° Declaration that is clearly and signed indicating the number of weapons held at the time of application, their categories, calibres, marks, models and numbers;
4° Medical certificate dated less than one month attesting 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 26, 28, 29 and 32;
5° Medical certificate dating from less than one month, issued under the conditions set out in section 13, where the applicant is following or has undergone treatment in the service or the psychiatry sector of a health facility;
6° Justification of the facilities mentioned in articles 113 to 119.
II. ― Requests for authorization are accompanied by the following additional documents:
1° For the authorizations referred to in Article 32, Note or any other document justifying the obligation to ensure the security of the property or the security of the immovables of the enterprise;
2° For the authorizations referred to in Article 26, written and signed declaration attesting that the weapons held, designated by their marks, models, serial numbers and calibres, were rendered unfit for the firing of bullet or scrap ammunition;
3° For the authorizations referred to in 1° of Article 34, declaration specifying:
(a) The date of the decision for approval or authorization of the guardianship authority;
(b) The or specialities of shooting;
(c) The number of registered members;
4° For the authorizations mentioned in 2° of Article 34:
(a) Extract of birth certificate with marginal mentions;
(b) Licence stamped by the physician, in the course of validity, of a sports federation having received, under section L. 131-14 of the Sports Code, the delegation of the Minister responsible for sports for the practice of shooting. This licence exempts the production of the medical certificate provided for in Article L. 312-6 of the Internal Security Code when the issuance or renewal of the certificate required the production of a medical certificate dating less than one year and mentioning the absence of contraindication to the practice of firing;
(c) A favourable opinion of a sports federation having received, under Article L. 131-14 of the Sports Code, the delegation of the Minister responsible for sports for the practice of shooting;
(d) For minor sports shooters, proof of selection for international competitions;
(e) For minors, certificate from the person who exercises parental authority stating that the weapon is detained for the practice of sports shooting;
5° For the authorizations referred to in Article 36, a declaration specifying the number and nature of the weapons being put into service by their marks, models, numbers and calibres;
6° For the authorizations mentioned in sections 33 and 56, a record giving the characteristics of the weapons in accordance with the model established by the order set out in section 6 and mentioning the dates of the acquisition of arms;
7° For the authorizations mentioned in section 33:
(a) For adults who do not have French nationality, residence certificate or equivalent documents. Members of the diplomatic corps and members of the consular body admitted to carrying out their activities in French territory 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;
(c) Monitoring of initial training in the security, storage and handling of such weapons;
8° For the authorizations mentioned in section 27:
(a) For all applicants, a report on the means of protection against theft or intrusion and on the terms and conditions for the retention of the equipment, with the advice of the prefect of the department concerned, if it differs from that of the prefect issuing the authorization;
(b) For applicants other than museums, any document describing the requested warfare material, by its types, marks, models, serial numbers and calibres, including the category, 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 aircraft of 9° of category A2 suitable for flight, copy of valid airworthiness documents;
(c) For legal persons, supporting documents of the identity and quality of their representatives, their headquarters and their activity;
9° For the authorizations referred to in Article 29, proof of registration on the list of approved weapons and ammunition experts near the Court of Cassation or near a court of appeal and supporting documents of the domicile and place of practice of the activity;
10° For the exemption application provided for in Article 37, justification for the practice of the sporting speed shot provided by the provision of a certificate from the French Shooting Federation.
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 cannot do so without producing the certificate provided for in the second paragraph of section L. 312-6 of the Internal Security Code. This certificate can only be issued by one of the following psychiatrists:
1° Hospital practitioners who practise or have practised in a public or private health facility that accommodates patients with mental disorders and psychiatrists in medical-psychological centres;
2° Psychiatric teachers of medical training and research units;
3° Doctors of the special infirmary of the police prefecture;
4° Experts accredited by the psychiatric courts;
5° Specialized doctors who hold the special education certificate or the degree of specialized studies in psychiatry.
The certificate certifying that the state of mental and physical health is compatible with the acquisition and detention of a weapon has a validity period limited to one month from the date of its establishment.
I. ― The prefect of department statue after:
- having issued Bulletin No. 2 of the applicant's criminal record;
―having ascertained that the applicant is not among those prohibited for the acquisition and detention of arms under sections L. 312-7 and L. 312-11 of the Internal Security Code.
II. ― The prefect may also, before deciding, if he considers it necessary, ask the regional health agency to inform, in accordance with the rules of medical secrecy, of the possible admission to psychiatric care without consent in a health facility referred to in Article L. 3222-1 of the Public Health Code or of the eventual treatment in a service or area of medical psychiatry 13. If this information confirms that the applicant should have attached the certificate to the application, the Prefect shall request the Prefect to file the certificate without delay or to provide any evidence to establish that the application is not subject to the provisions of Article 13.
I. ― Any person who is not licensed to manufacture or trade and who transfers the ownership of a weapon, weapon element or ammunition in categories A and B shall make the declaration to the prefect who has granted the authorization or issued the receipt of acquisition and detention.
When the weapon, weapon element or ammunition is transferred to an authorized manufacturer or merchant, the manufacturer shall:
1° Cancels the corresponding acquisition carried on the authorization or receipt of the person performing the transfer and a copy address to the competent prefect;
2° Lists the transfer to the special register referred to in section 83.
When the weapon, weapon element or ammunition is transferred to an individual, the individual must be regularly authorized to acquire and hold them under the conditions set out in this subsection.
II. ― The transfer is found by the police commissioner or the gendarmerie brigade commander or operated in the presence of an authorized merchant who, after ascertaining the identity of the parties and has been provided with the documents necessary for the acquisition and the weapon of the transaction:
1° Includes the relevant assignment on the authorization or receipt of the transferee;
2° 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; puts the n° 1 to the interested party; transmits part 2 to the prefect who issued it.
In the cases provided for in section 69 where the transfer may take place during a public auction, authorized or decided by the prefect, the notice of the transfer shall apply as provided for in this section.
III. ― A person who has transferred ownership of a weapon, weapon and ammunition may acquire a weapon, weapon element and replacement ammunition classified in the same category, provided that an acquisition is made within the time limit set out in section 18.
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 an authorized merchant or with an individual, the merchant or the police commissioner or the gendarmerie brigade commander shall send to the prefect any indications necessary for the updating of Part 2 held by the prefect.
Authorizations for the acquisition and possession of weapons, weapon elements, ammunition or ammunition are in accordance with the models set out in the Order in Article 6.
Authorization is short from the date of issue. It is notified, by any means to give a certain date, within fifteen days of delivery.
In the event that the authorization for the acquisition and detention of arms is requested on the basis of the provisions of 2° of the I of Article 34, the prefect informs the registered sports association of the decisions for refusal of authorization, refusal of renewal or withdrawal of authorizations concerning its members.
The authorizations for acquisition and detention are supplemented by the seller under the conditions fixed by the 2nd of section 87. Part 1 is returned to the licensee. Part 2 is sent by the seller's care to the prefect who received the application for authorization and made the decision.
The acquisition of the weapon must be completed within three months from the date of notification of the authorization. After this period, this authorization is null and void.
The authorization for the acquisition and detention provided for in Article 30 as well as in Article 34(2) and Article 36 shall be granted for a maximum period of five years, subject to the provisions of Articles 21 and 22.
Its renewal is granted under the conditions set out in Articles 10 and 12.
When they transfer their domicile to another department, the holders of an acquisition and detention authorization must report to the prefect of that department the number and nature of weapons and weapon elements of categories B, C and 1° of category D that they hold.
This provision does not apply to registered arms acquired and held before December 1, 2011.
The renewal application must be filed no later than three months before the expiry date of the authorization. He's issued a receipt. The licence will be granted interim authorization from the expiry date of the authorization to the express renewal decision. 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.
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.
The authorizations referred to in sections 25 to 29, 32 to 34 and section 36 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 section L. 312-16 of the Internal Security Code.
Delay their weapons and ammunition under the conditions laid down in article 69:
1° Recipients of authorizations expiring and whose renewal has not been requested;
2° Recipients of withdrawn authorizations;
3° Recipients of authorizations whose renewal was refused;
4° Authorization recipients who did not comply with the requirement for controlled firing sessions.
Subparagraph 1
I. ― Subject to II, public administrations or services may acquire and hold equipment, weapons, ammunition and their components of any category for the purpose of handing over to their officials and agents for the performance of their duties.
II. ∙ The Ministry of the Interior, the Customs Administration and the Prison Administration may acquire and hold equipment, weapons, ammunition and their elements of any category for the purpose of handing over to their officials and agents for the performance of their duties.
III. – Public officials and officials responsible for a police mission are authorized to acquire and hold weapons, weapons and ammunition and their elements in category B.
Public officials and officials of government or public services, at risk of aggression, may be authorized to acquire and hold weapons, weapons and ammunition and their elements of Class B.
Active officers, reserve officer general officers, reserve officers and active non-commissioned officers are authorized to acquire and hold weapons, ammunition and their Class B components.
Prerequisitely for any purchase, the persons mentioned in this paragraph declare to the prefect of the place of practice their intention to acquire weapons and 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.
IV. ― The categories of officials and agents required to benefit from the authorizations referred to in I and the first and second paragraphs of III shall be determined by joint orders of the Minister of the Interior and interested ministers who specify the authorities competent to issue the required certificates.
Individual authorizations are subject to the prefect of the department where the persons concerned exercise their functions.
Subparagraph 2
Companies engaged in the rental of films or shows production companies, as well as national theatres, may be allowed to acquire and hold weapons of categories A and B.
The acquisition of Class C weapons must be the subject of a declaration and those of 1° of Class D must be the subject of an application for registration under the conditions defined in sections 42 and 43.
These weapons must not allow the firing of any projectile.
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 mentioned in the first paragraph may be allowed to acquire and hold inert or white munitions. These provisions apply to tenants and users of the weapons involved.
Subparagraph 3
I. ― May be authorized, by the prefect on the advice of the Minister of Defence, subject to the provisions of section 13 for natural persons, to acquire and hold war materials, weapons, ammunition and their elements:
1° People who exhibit them in museums, open to the public, for war materials, weapons and their elements, and ammunition of all categories;
2° State services, for purposes other than national defence, territorial authorities and their public institutions, for warfare materials of category A and weapons of categories A and B;
3° Organisms of general interest or cultural, historical or scientific vocation, which contribute to the conservation, knowledge or study of war materials, for materials of category A and weapons of categories A and B;
4° Physical persons who contribute, through the realization of collections, to the conservation, knowledge or study of war materials, for the materials of category A2;
5° The educational and training institutions, in order to carry out their mission, for the war materials of 8°, 9° and 10° of category A2.
II. - Except for prototypes, authorizations for the acquisition and detention of warfare equipment in category A2 referred to in I shall not be granted to applicants mentioned in 2°, 3° and 4°, for a particular material, unless the first copy of the same type has been put into service at least thirty years 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 that date.
III. - By derogation from the provisions of Article 19 and, subject to the faculty of withdrawal open to Article 22, the authorization to acquire and hold the war materials referred to in I shall be granted without limitation of time. When the authorization relates to warfare equipment of 8°, 9° and 10° of category A2, the licensee is required to report any changes in the place of detention of the equipment to the prefect of the department of the former and the new place of detention.
Subparagraph 4
Can be allowed to acquire and hold weapons and their elements in category A1, 1° of category A2 and category B and their ammunition companies that test these weapons or undertake 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.
Subparagraph 5
I. ― Authorized weapons and ammunition experts near the Court of Cassation or near a court of appeal may be authorized by the prefect to acquire and hold weapons, ammunition or elements of category A1, 1° of category A2 and Category B, in numbers necessary to the exclusive needs of their activity.
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 power systems and experts may acquire and hold 10,000 ammunitions in all calibres for this authorization. Weapons or weapon elements held in addition to those authorized under this paragraph must have been authorized or reported.
II. – The expert must have a fixed and permanent location where he retains his weapons and where he establishes the seat of his activity. A special register is to be maintained on a day-to-day basis by the police commissioner or gendarmerie commander. On the register, whose leaflets conform to the model set out in the order set out in section 6, the list of weapons, weapon elements and ammunition acquired, held, lent, disposed, destroyed or consumed is entered without white or rature.
III. ― Each acquisition or assignment of arms, weapon elements or ammunition referred to in I shall be declared to the prefect competent by the expert using the printed document conforming to the model fixed by the order provided for in Article 6.
The prefects are responsible for the control of this register and its collation. To this end, they regularly carry out the inventory of weapons, ammunition and elements. Authorized experts are required, for the purpose of monitoring, to provide access to the premises where weapons are stored and to present this register and any supporting documentation to the police authorities as well as to the authorized officials of the Ministry of Defence or customs officers.
IV. ― The approved expert shall provide the attestation of his re-registration on the lists of the Court of Cassation or a court of appeal in the month following the date of re-registration.
In the event of delisting before the five-year term of registration, the Court of Cassation or the Court of Appeal shall inform the prefect of the department of the place where the expert exercises his or her activity.
In the event of a cessation of activity, the expert shall inform the prefect of the department within one month of his activity.
V. ― Authorization is withdrawn when the approved expert holds or cedes weapons, ammunition and their elements without having made the declaration and does not keep the special register on the day. It may be withdrawn when the expert does not retain the weapons, ammunition and their elements under the conditions set out in sections 89 and 113.
VI. ― The expert is required to inform the prefect of the department of his home in the event of a change in the place of his activity and, if necessary, the prefect of the department of his new home within one month of change of that place.
The acquisition and possession of weapons, ammunition and their elements in category B are subject to authorization issued by the prefect.
Authorization is not granted where the applicant:
1° Is registered in the national file of prohibited persons of arms acquisition and detention;
2° was sentenced for one of the offences referred to in the 1st of Article L. 312-3 of the Internal Security Code contained in Bulletin 2 of its criminal record or in an equivalent document for nationals of a Member State of the European Union or another State Party to the Agreement on the Economic Area;
3° A behaviour incompatible with the detention of a weapon, revealed by the investigation carried out by the prefect. This investigation may result in the consultation of the automated processing of personal data referred to in article 26 of Act No. 78-17 of 6 January 1978;
4° This is the subject of a protection regime pursuant to Article 425 of the Civil Code, has been or is admitted to psychiatric care without consent pursuant to Article 706-135 of the Code of Criminal Procedure and Articles L. 3212-1 to L. 3213-11 of the Public Health Code or is in a physical or mental state manifestly incompatible with the detention of such equipment, weapons and ammunition.
Authorization may, however, be granted by the prefect when the person who has been subjected to psychiatric care without consent presents a medical certificate in accordance with the provisions of section 13.
I. ― Any person who has possession of a weapon, element of weapon or category B ammunition, found by or attributed to him by inheritance, without being authorized to hold them, must promptly disclose the possession or attribution by the Commissioner of Police or the gendarmerie commander of the place of residence, who has been given receipt.
It must be detached under the conditions referred to in Article 69 II.
II. ― If the person wishes to retain the weapon, weapon element or ammunition, the person shall have a period of twelve months from the time of possession to meet the obligations referred to in the following paragraphs and to meet the conditions necessary to obtain the authorization provided for in section 12. During this period, the weapon is retained by an authorized merchant and registered as a special register.
During this period, the person may give it to a merchant, an authorized manufacturer, a licensed expert who holds an authorization or an individual with an acquisition authorization who informs the competent prefect.
This weapon may also be rendered unfit for firing under the conditions set out in 2° of Class D of Article 2.
The person may also hand it 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 it 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.
Subparagraph 1
I. ― Private conveyors are authorized to acquire and hold weapons and weapon elements under the conditions and in the manner provided for in Decree No. 2000-376 of 28 April 2000 on the protection of the transport of funds referred to above.
II. ― may be authorized to acquire and hold weapons, ammunition and elements of Class B or C to companies that are required to ensure the security of their property or the security of their buildings.
These companies, under their responsibility, hand over the weapons and ammunition acquired to the personnel they charge to carry out these missions during the time necessary for their completion. The choice of these personnel must be approved by the prefect.
Subparagraph 2
May be allowed to acquire a weapon, ammunition and their elements of 1°, 8° and 10° of category B and to hold them in the place of practice of their professional activity major persons, exposed to serious risks to their safety because of the nature or place of practice of this 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 category.
Subparagraph 3
I. ∙ Can be allowed for the practice of sports shooting to acquire and hold weapons, ammunition and their elements of 1°, 2°, 4°, 5°, 9° and 10° of category B:
1° Accredited sports associations members of a sports federation having received, from the Minister responsible for sports under Article L. 131-14 of the Sports Code, delegation for the practice of shooting or ball-trap, within a weapon for fifteen shooters or fraction of fifteen shooters and a maximum of sixty weapons;
2° Major persons and selected shooters of less than eighteen years participating in international competitions, members of the associations mentioned in the 1st, holders of the shooting book in accordance with the provisions of Article 35, fired from a federation having received from the Minister responsible for sports, under Article L. 131-14 of the Sports Code, delegation for the practice of shooting and holders of a favourable opinion of that federation, within the limits of twelve weapons mentioned These weapons can only be used in a fire stand declared pursuant to article R. 322-1 of the Sport Code.
Persons who are at least 12 years of age, who do not participate in international competitions, may be allowed to hold ring-percussion punch weapons at a stroke of 1° of category B, within the limit of three, subject to a valid firing licence issued by a sports federation having received from the Minister responsible for sports, under article L. 131-14 of the Code of Sport, delegation for practice.
The acquisition and detention authorizations issued under this 2° are subject to three controlled shooting practice sessions.
The list of federations, conditions and conditions for the issuance of favourable notices are set by joint decree of the Ministers of Defence and Interior and the Minister responsible for sports.
The criteria for selecting shooters to participate in international competitions are defined by the Minister for Sports.
II. ― Sports shooters are allowed to acquire and hold ring-percussion fist weapons at a stroke within ten, which are not recorded in the I quota.
III. – The weapon elements are not included in the I and II quotas.
The persons referred to in 2° of Article 34 shall be held with a shooting record indicating the date of each controlled shooting practice recorded in the twelve months preceding the application.
This notebook, issued by a registered sports association referred to in the 1st of Article 34, must be submitted to any police or gendarmerie requisition.
The registered sports associations mentioned in the 1st of section 34 shall hold a daily register indicating the name, first name and domicile of any person participating in a controlled shooting practice session.
This register is held at the disposal of the sports federations under these associations and must be submitted to any police or gendarmerie requisitions.
A joint order of the Minister of the Interior, the Minister of Defence and the Minister responsible for sports sets out the model of the logbook and the logbook mentioned in the preceding paragraphs.
Subparagraph 4
Forain gun operators within a third of the total weapons they put into service may be allowed to acquire and hold fist weapons at a stroke of 1° of category B with an annular percussion and a calibre equal to or less than 6 mm.
The acquisition of Class B feeding systems is subject to the submission of the authorization of the detained weapon.
The acquisition of Class C power systems usable by semi-automatic weapons classified at 2° of Class B is subject to the presentation of the inmate weapon declaration receipt.
No one can hold a power system without being allowed to acquire the corresponding weapon.
No one can acquire and hold more than ten power systems per weapon.
By derogation, persons engaged in firing discipline requiring the use of such power systems and in possession of the federal certificate may acquire and hold power systems that allow the firing of more than twenty ammunition, under the conditions defined in Article 12.
Major persons may acquire Class B weapons ammunition, subject to the provisions of Articles 13 and 14.
Authorizations for the acquisition and detention of arms are valid for the acquisition and detention of the corresponding ammunition for authorizations issued under the title:
1° Article 33: 50 guns;
The replenishment of these stocks is subject to authorization under the conditions set out in Article 40;
2° Articles 26, 28 and 34: 1,000 cartridges per weapon.
Weapons holders referred to in Article 34 may be authorized to acquire and hold ammunition to complete the quantities listed above under the conditions set out in Article 40.
They are authorized to acquire and hold, without limitation of the casings or casings initiated, for the calibres of the weapons they hold, the shooters regularly fired from the registered sports associations for the practice of shooting.
Authorizations for the acquisition and detention of arms granted to the companies referred to in section 26 shall be authorized to acquire and hold the corresponding, inert or white ammunition, within the limit of 1,000 cartridges per weapon.
The request for an authorization to complete the ammunition stockpiles provided for in section 39, together with any relevant justifications, shall be submitted to the prefect of the place of residence that registers it.
The authorization in accordance with the model set out in the order provided for in section 6 is notified by the prefect who received the application.
It is supplemented by the seller under the conditions set out in 3° of Article 87 and addressed to the prefect by his care.
No one can hold more than 1,000 ammunition per weapon. No one may acquire more than 1,000 per weapon within twelve consecutive months, subject to the replenishment provided for in the fifth paragraph of Article 39.
The acquisition and detention by major persons of weapons and their elements of 2° of category D are free.
The acquisition by major persons of the weapons and their elements of Class C and the weapons referred to in 1° of Class D shall be carried out under the conditions set out in sections 43 to 50.
Weapons and their elements of categories C and D may only be detained by minors if they are more than sixteen years of age, are authorized by the person exercising parental authority, unless the person is registered in the national file of prohibited persons of acquisition and possession of weapons, and, except for weapons of the 2° of category D, are holders of the permit to hunt, issued in France or abroad
Weapons and their elements of categories C and 1° of category D may only be detained by minors if they are more than twelve years old, are authorized by the person exercising parental authority, unless the person is registered in the national file of prohibited persons of acquisition and possession of arms and are licensed by a sports federation having received, under article L. 131-14 of the sports code, delegation
Weapons, their elements, ammunition and their elements of the h and j of the 2nd of category D, with the exception of black powdered ammunition, may only be held by minors if they are more than nine years old, are authorized by the person exercising parental authority, unless the person is registered in the national file of prohibited persons of acquisition and possession of weapons, and are holders of a licence of a sports federation having
Minors over twelve years of age are allowed to use paintball launchers from the h of the 2° of category D on paintball fields declared under the sports code.
The acquisition by major persons of the weapons and their elements of category C and 1° of category D is subject to the presentation of a hunting permit issued in France or abroad or any other piece taking place in the place of a foreign hunting licence, accompanied by a validation title of the current year or of the previous year or of a licence in the course of validity of an article 131 sports federation having received, as a matter of practice,
For the acquisition of a Class C and 1° of Class D weapon, the presentation of one of the titles provided for in the previous paragraph supplemented to the production of the medical certificate provided for in Article L. 312-6 of the Internal Security Code.
When it is made for transfer to another Member State of the European Union or for export to a third country, the acquisition of weapons, ammunition and their elements of 1°, 2°, 3° and 8° of category C is not subject to the submission to the seller of a hunting permit issued in France or abroad or of any of the titles provided for in article L. 423-21 of the European Code.
This acquisition is subject to the submission of the export authorization when it is due.
The acquisition of weapons of 3° of category C, as well as the acquisition of weapons and ammunition of 2° of category D, is not subject to the submission of one of the titles provided for in the first paragraph.
If it is made by a registered association for the practice of sporting shooting or by a wrought-fire operator, the acquisition of weapons, ammunition or their elements of category C is not subject to the presentation of a hunting permit issued in France or abroad or one of the titles provided for in Article L. 423-21 of the Environmental Code.
Any natural person in possession of a weapon or element of weapon in Class C or 1° of Class D that is devolved to him by estate shall forthwith make a declaration, for a weapon in Class C, on the printed model fixed by the order set out in Article 6, to the prefect of the place of residence and for a weapon of the 1° of Class D at a request for registration.
This declaration or application for registration shall be accompanied by a hunting permit issued in France or abroad, or any other exhibit held in lieu of a foreign hunting permit, accompanied by a validation title of the current year or the previous year or, under the conditions of 4th of II of section 12, a licence of a sports federation having received, under the heading L. 131-14 of the practical delegation of the code of the Minister of Sport.
In the absence of any of these titles, the statement is accompanied by a medical certificate dated less than a month and attesting that the declarant's physical and mental health is not incompatible with the detention of these weapons and weapon elements.
The declaration or application for registration, together with any of these titles or medical certificate, placed under closed fold, is transmitted directly to the prefect of the declarant's home department.
Any natural person who acquires or cedes in France to a shipowner or armor, or to an individual or to an individual in the presence of a shipowner, a weapon or element of weapon of category C or 1° of category D shall, for a weapon of category C to a declaration, on the print conforming to the model fixed by the order of section 1 and for a weapon of category C to a declaration.
This declaration for Class C weapons and this request for registration for weapons of 1° of Class D is forwarded by the Armurier to the prefect of the declarant's home department. They shall be accompanied by a copy of a hunting permit issued in France or abroad or any other exhibit held in lieu of a foreign hunting permit as well as a validating title for the current year or the previous year or, under the conditions of 4th of Article 12, a licence of a sports federation having received, under Article L. 131-14 of the Code of Sport, the delegation of the Minister of Sport,
The presentation of one of the titles provided in the preceding paragraph, which is supplemented to the production of the medical certificate referred to in Article L. 312-6 of the Internal Security Code.
The seller shall address to the prefecture to which he had declared or registered the weapon a copy of the claim for return or registration.
For weapons of 3° of category C the declaration may be accompanied by the only medical certificate referred to in Article L. 312-6 of the Internal Security Code, placed under closed fold, dating less than a month, certifying that the physical and mental health of the declarant is not incompatible with their detention.
The prefect requests the declarant to produce a medical certificate of less than one month issued under the conditions set out in section 13, if the regional health agency, consulted by the declarant's care, has indicated that the declarant has been admitted to psychiatric care without consent in a health facility authorized under the provisions of section L. 3222-1 of the Public Health Code or has followed or is undergoing treatment in a mental health service or sector.
Any legal person, whose statutes are for the purpose of sporting shooting, the management of hunting, ball-trap, the training, the operation of a forain stand or the rental of companies producing films, shows or national theaters, who acquires a weapon or element of weapon of category C or of the 1st of category D from a particular weapon in the presence of an armourer or He's given him a receipt.
Any legal person, whose statutes do not have this object, may, upon authorization of the prefect of the site location department, acquire a weapon or weapon element of category C or 1° of category D for the purposes of its activity.
Any owner or holder on the date of publication of this decree, weapons or weapon elements submitted for declaration shall make the declaration, under the conditions provided for in Article 45, to the prefect of the department of the place of his domicile within six months of the publication of the decree.
Any owner or possessor of arms or weapons submitted for registration and acquired since 1 December 2011 shall make such registration under the conditions provided for in Article 45 with the prefect of the department of the place of his domicile within six months of the publication of the decree.
Any individual who transfers to another individual the property of a weapon or weapon element of Class C or 1° of Class D:
1° must ensure the identity of the purchaser and be presented with the necessary documents for the acquisition;
2° must send the recipient of his or her statement or possibly his or her registration striped of the mention "sold" to the prefect of the place of residence under the conditions provided for in section 46;
3° Retain for a period of five years copies of documents submitted by the purchaser.
The purchaser of a Class C weapon must make an acquisition declaration and for a 1° of Class D weapon at a written registration request addressed to the prefect of the place of his home under the conditions set out in section 46.
This sale can be found by the armor.
It is delivered to the purchaser a receipt by the department prefect. This receipt is established in accordance with a model fixed by the order provided for in Article 6.
When they transfer their domicile to another department, the holders of a receipt of declaration or registration must report to the prefect of that department the number and nature of weapons and weapon elements of categories B, C and of the 1st of category D that they hold.
This provision does not apply to weapons subject to registration, acquired or held before December 1, 2011.
The acquisition of ammunition and ammunitions classified in the 8th of Class C and in the 1st of Class D shall be made on the presentation of the hunting permit issued in France or abroad, or of any other document holding the place of a foreign hunting licence accompanied by a validation title of the current year or the previous year or of the valid firing licence.
The acquisition of ammunition and ammunitions classified in 6° and 7° of category C shall be made upon presentation of the receipt of the declaration of the legally detained weapon and of the permit to hunt accompanied by a validation of the current year or the previous year or the valid firing licence.
No one can hold more than 1,000 6° or 7° C ammunition by legally detained weapon.
The acquisition by major persons of black powder munitions usable in historical and collection weapons is free.
No one may hold more than 500 munitions classified in 6°, 7° and 8° of category C or in the c of 1° of category D without holding the corresponding weapon, except to hold them under the conditions defined in article 116.
The sports associations referred to in 1° I of Article 34 are allowed to give ammunition to their members under the following conditions:
1° To make the declaration to the prefecture of the location of the association;
2° To sell them at a price at least equal to the purchase price;
3° Respect the regulations on powder deposits;
4° To give to the purchaser only ammunition for the weapon he uses;
5° That the use be made exclusively in the area of the declared firing stand.
May be allowed to retain their weapons by the holders of weapons acquired as weapons of 5th, 7th or 8th category and subsequently classified as categories A or B if they meet the conditions laid down in the provisions of this chapter for the detention of newly classified weapons in the category.
This authorization in accordance with the model set out in the Article 6 Order may only be issued if the application is made within the six-month period following the entry into force of the Class A or B Weapons Classification Decision.
Persons holding weapons that were registered and are now classified as Class C, subject to declaration, shall have a period of five years to make the declaration, under the conditions provided for in Article 45, to the prefect of the department of the place of their domicile.
Persons who hold food systems with a capacity of more than twenty or thirty strokes on the effective date of this Order have a three-year period to comply with the regulations.
Persons with more than ten weapon feeding systems at the entry into force of this Order have a two-year deadline to comply with the regulations.
Persons who hold at the entry into force of this decree more than ten atonement punch weapons at once have a five-year time limit to comply with the regulations.
Until the classification decision taken by interdepartmental classification order or by order of the Minister of the Interior on the advice of the interdepartmental classification commission, incapacitating aerosol generators and contact electrical impulse weapons are reclassified from:
the 4th category in category B;
the 6th category in category D.
Persons over twelve years of age, who do not participate in international competitions, who hold at the entry into force of this decree more than three weapons of fist with a percussion of the 1° of category B have a five-year period to comply with the regulations.
I. ― The titles of acquisition and detention referred to in Article L. 312-1 of the Internal Security Code retain their validity until their end.
II. ― The approvals referred to in Article L. 312-2 of the same code shall remain valid until their end.
III. ∙ The authorizations referred to in Article L. 312-3 of the same code and the authorizations referred to in Articles L. 2332-1 of the Defence Code shall remain valid until their end.
The holders of an authorization under Article L. 2332-1 of the Defence Code, subject to the authorization provided for in Article L. 312-3 of the Internal Security Code pursuant to this Order, shall have a period of three years to comply with the regulations.
For the purposes of Article L. 312-8 of the Code of Internal Security, the prefect seizes the judge of freedoms and detention and informs the prosecutor of the Republic.
The weapon, ammunition and their elements temporarily surrendered or seized pursuant to articles L. 312-7 and L. 312-8 of the Internal Security Code are retained, for a period of up to one year, by the national police or the national gendarmerie.
Upon the expiry of this period, the Prefect shall either return the weapon and the ammunition, or their final seizure, after having invited the person holding the weapon and the ammunition to submit his or her observations, including his or her wish to hold them again and as to the evidence to establish that his or her behaviour or state of health no longer poses a serious and immediate danger to himself or to others, in the light of a medical certificate issued by a medical specialist.
When the acquisition and detention of the weapon and ammunition temporarily surrendered or seized is prohibited, the prefect shall finalize their seizure.
Without prejudice to the provisions of sections 65 and 66, the final seizure of the weapon, ammunition and elements whose acquisition and detention are not prohibited may be pronounced when the person concerned is subject to a protection regime under section 425 of the Civil Code.
When the detention of the weapon, ammunition and their items temporarily surrendered or seized is subject to declaration, the prefect shall cancel the weapon.
In the event that, within the time limit provided for in section 63, the person who holds an authorization for detention in the course of validity, a declaration or registration, at the time of the handover or preliminary seizure of the weapon, ammunition and their elements is, upon request, authorized to hold them again under the conditions and in the manner provided for in this chapter, that weapon and ammunition shall be returned to the person.
If the same person, within the same period of time, does not request permission to hold them again or if, having applied for authorization, they do not obtain it, the Prefect shall declare the final seizure of the weapon and the ammunition.
In the event that the weapon falls under category C or 1° of category D, the prefect may only return it on the presentation by the interested person of a hunting licence accompanied by a validation title of the current year or the previous year, a valid firing licence issued by a sports federation having received a delegation of the Minister responsible for sports under article L. 3-14 if discovered
If the acquisition of the weapon is subject to a declaration or application for registration, the prefect may only return it if the person concerned has declared the weapon or has made an application for registration under the conditions set out in sections 45 and 46.
The weapon, ammunition and their elements permanently seized by the prefect, whose acquisition and detention are not prohibited, are:
1° Sold at public auction for the benefit of the person to whom they were seized; or
2° Sold to an authorized merchant for the weapon category; or
3° Discounts to the State if the holder manifests his intention to give up the benefit of the procedures mentioned in 1° and 2°.
In the latter case, as well as in the absence of an auction during the sale, this weapon and ammunition are permanently handed over to the State under the conditions provided for by a joint order of the Minister of Justice, the Minister of Budget, the Minister of Interior and the Minister of Defence.
The same applies to the weapon and ammunition that the detaining person has made pursuant to the provisions of Article L. 312-11 of the Code of Internal Security and wishes, in accordance with the observations made in accordance with the provisions of the second paragraph of Article 63, to permanently hand over to the State.
Following the establishment of the minutes referred to in the fourth paragraph of section L. 312-12 of the Internal Security Code, the Commissioner of Police or the Commander of the Gendarmerie Brigade shall inform the prefect of the seizure.
I. ― The holder of a weapon, ammunition, 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 provided for in section 21, shall remain in the period of three months following either the notification of the prefectural decision of withdrawal or refusal, or the expiry date of his or her authorization. In the event of a risk to public order or security of persons, the prefect may set a lower time limit.
II. ∙ The holder of the weapon, ammunition or their elements, subject to authorization, within the time limit provided for in I, under one of the following terms:
1° Sale to an armor or to an individual under the conditions laid down in Article 15;
2° Neutralization in an establishment designated by joint order of the Minister of Interior, the Minister of Defence, industry and customs ministers;
3° Destruction by an armourer under the conditions provided by joint order of the Minister of Interior and the Minister of Defence;
4° 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 sending to the prefect of the department of his domicile, at the latest on the expiry of the period referred to in I, the supporting document of this divestiture.
Otherwise, the prefect informs the prosecutor of the Republic.
IV. ― War materials of category A2, whose authorization for acquisition and detention, granted pursuant to the provisions of section 27, has been withdrawn, provided that they have not been the subject of a recognition as a national treasure or of a classification under historical monuments, is assigned for destruction to a company that is licensed to manufacture or trade in war materials of category A2
The personal data file on persons prohibited from acquiring and detaining weapons established by Article L. 312-16 of the Internal Security Code is implemented by the Ministry of the Interior (direction of public freedoms and legal affairs). It is called "National File of Prohibitions in the Acquisition and Detention of Weapons" (FINIADA).
The purpose of this file is to implement and monitor, at the national level, prohibitions on the acquisition and detention of weapons pursuant to Article L. 312-16 of the Internal Security Code.
The categories of personal data recorded in the national file for arms acquisition and detention are as follows:
civil status (names, names, date and place of birth), nationality;
home;
occupation;
- category or type of weapon and munition whose acquisition and detention is prohibited;
- date of the prohibition of acquisition and detention;
- date of lifting of the prohibition;
- legal basis for the prohibition (L. 312-7 and L. 312-11 of the Internal Security Code);
― registration date and service having completed registration.
Information on the prohibited person of acquisition and possession of arms may be retained for twenty years from the date of lifting of the prohibition.
I. ― Can only access the personal data recorded in the file provided for in section 70:
1° Officials of the central departments of the Ministry of the Interior (Director of Public Liberties and Legal Affairs) individually designated and specially authorized by the Director of Public Freedoms and Legal Affairs;
2° Prefectural officers responsible for the enforcement of arms regulations, weapon elements and ammunition, individually designated and specially authorized by the prefect.
II. ― Can access all or part of the data recorded in this file, within the scope of their functions and within the limits of the need to know:
1° National police officers, individually designated and specially authorized, either by the heads of the deconcentrated units of the national police, or by the heads of the police prefecture or, where appropriate, the police prefect, or by the heads of the central police services of the national police or, where appropriate, the Director General of the National Police;
2° The soldiers of the units of the national gendarmerie, individually designated and specially authorized by the commander of the departmental gendarmerie group, the commanders of the specialized units of the national gendarmerie or, where appropriate, by the Director General of the national gendarmerie;
3° Customs officers, individually designated and specially authorized by the Regional Director or, where appropriate, by the Chief Customs Officer;
4° Officials of the national judicial customs service, individually designated and specially authorized by the delegated magistrate for judicial missions of customs or, where appropriate, by the Chief Customs Officer.
III. ― On an individual request and within the limits of their legal powers, the National Office for Hunting and Wildlife, the shipowners and representatives of the National Hunting Federation shall be granted the status of the persons registered in this file.
IV. ― FINIADA may be consulted from the application for the management of the computerized directory of arms owners and owners (AGRIPPA) by the persons authorized under Part II of this Article.
The rights of access and rectification shall be exercised with the prefect and, in Paris, the prefect of the police under the conditions laid down in sections 39 and 40 of the law of 6 January 1978 referred to above.
The right of opposition under section 38 of the Act of 6 January 1978 referred to above does not apply to this file.
The statement referred to in Part II of Article L. 2332-1 of the Defence Code includes the following: name and name of the declarant, date and place of birth, nationality, profession (manufacturer, merchant, etc.), place of practice of the profession, method of exercise of the profession (individual enterprise, society or group of economic interest and, in the latter two cases, indication of the name or of the direct name and address With respect to Class D weapons, this declaration applies only to the weapons of a, b, c, h, i of 2° of Class D listed in Article 2.
The declaration must conform to the models set by the order provided for in Article 6.
This statement is delivered to the police station or the gendarmerie brigade, which reports to the place of practice of the profession. An updated excerpt of the trade and corporate register is attached to the declaration. The authority that receives it delivers a receipt, records it and transmits it to the prefect.
The total or partial cessation of activity or the transfer of the institution must be declared in the same manner.
Companies that manufacture or trade war materials, weapons, ammunition or their elements referred to in Article I of Article L. 2332-1 of the Defence Code may not operate and the activity of their intermediaries or advertising agents may only be exercised after the authorization of the State or under its control.
I. ― The manufacture and trade of equipment, weapons and ammunition in categories A and B are subject to authorization.
II. ― Authorization cannot be granted:
(a) Persons under a protection regime under section 440 of the Civil Code, who have been or are being admitted to psychiatric care pursuant to section 706-135 of the Code of Criminal Procedure, who have been or are hospitalized without their consent because of mental disorders pursuant to sections L. 3212-1 to L. 3213-11 of the Code of Public Health and to persons whose status is incompatible with The same applies 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 Union or another State Party to the Agreement on the European Economic Area;
― associates and managers of partnership must be French or nationals of a Member State of the European Union 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 Union or another State Party to the Agreement on the European Economic Area. The majority of the capital must be held by French or nationals of a Member State of the European Union 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 apply for authorization to manufacture or trade automatic weapons and warfare equipment under category A2 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 applicant company or group of economic interest 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 the applicant's criminal record or in an equivalent document for nationals of a Member State of the European Union or 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 set out in b and c of II above.
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 Class B weapons that are not subject to export control pursuant to section L. 2335-2 of the Code of Defence and intra-communal transfer control pursuant to section L. 2335-9 of the Code. In this case, the application shall be made in accordance with the provisions of articles 76 to 81 below. The holder of the exemption shall be subject to the control provisions provided for in sections L. 2332-3, L. 2332-4, L. 2332-5 and L. 2339-1 of the above-mentioned defence code and to administrative sanctions applicable to the holders of Class B trade authorization.
V. ― May be granted the authorization provided for in the last paragraph of Article 74 for economic interest groups established in accordance with the requirements of Articles L. 251-1 et seq. of the above-mentioned trade code, whose members individually meet the requirements of paragraphs I and II or receive an exemption under paragraph IV.
VI. ― The State's notification of a contract of war equipment shall be an 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 must conform to the models set by the order provided for in Article 6.
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 National Agency for the Safety of Information Systems, in the case of authorizations relating to the means referred to in 13° of category A2 of section 2.
The prefect of the business location is informed of the authorizations granted.
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° War materials, weapons, ammunition and their items classified as category A and B, whose manufacture or trade are authorized;
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 notified promptly to the Minister of Defence:
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 75, including their nationality;
2° Any assignments of shares or shares of society that may transfer to foreign nationals the control of the enterprises referred to in c of II of article 75 of this decree and to nationals of other States than the Member States of the European Union 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 78 for public and personal security reasons.
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 Book III of Part 2 of the Legislative Part of the Defence Code or to the following articles of the Labour Code: Articles L. 4721-3, L. 4721-7, L. 4731-5, L. 4732-1 to L. 4732-4, L. 4741-1 and L. 4741-2, L. 4741-544 and L. 4741-14-6, L. 4741-2.
(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 75 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 and parts that can only be used for the manufacture of such equipment. Upon expiry of this period, the administration may sell to auction all unliquidated equipment.
Any holder of the authorization referred to in the last paragraph of section 74 shall be subject to the formalities and controls set out in sections 83, 84 and 85 below.
If the holder of arms or warfare equipment is possessed, the holder of the authorization referred to in the last paragraph of section 74 shall maintain a special register where 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 above, the holder of the authorization referred to in the last paragraph of section 74 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 of purchase and sale transactions relating to equipment located abroad where the materials concerned are not subject to the provisions of Articles L. 2335-1, L. 2335-2 and L. 2335-9 of the Defence Code.
The records mentioned 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 6, 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 prefects are responsible for the control of the special registers referred to in the first paragraph of Article 83 above. To this end, they regularly carry out the inventory of weapons, weapon elements and ammunition.
The means referred to in the 13th of Class A2 of Article 2 above are the subject of a separate register, controlled by the agents referred to in Article 36 of Act No. 2004-575 of 21 June 2004 for confidence in the digital economy.
In the event of a cessation of activity, the special register referred to in the first paragraph of section 83 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 83 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 74 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.
Any holder of the authorization referred to in the last paragraph of section 74 shall, before giving in any way a weapon or ammunition of categories A and B to an authorized merchant or manufacturer applicant, be presented by the latter copy of the authorization being valid. 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 section 83.
1° Any holder of the authorization referred to in the last paragraph of section 74 shall, before giving in any way a weapon or ammunition of categories A and B to an applicant other than mentioned in section 86, 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 the persons referred to in Article 25 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 83;
- 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 be submitted by the latter the authorization or receipt of the acquisition and possession of arms and ammunition (volet no. 1) of which he must be a holder, to the reverse of the said authorization the nature and number of the ammunition ceded 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 section 83;
― render to the holder the authorization or receipt of the acquisition and possession of arms and ammunition (volet No. 1) and send to the prefectural authority the authorization to replenish stocks or the receipt of the acquisition of ammunition duly completed.
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.
Any natural or legal person engaged in the manufacture or trade of arms, ammunition and their weapon elements of categories A, B, C, of 1° of category D, h, i and j of 2° of category D, any authorized and authorized expert in respect of it, shall take, in order to protect against theft, the following safety measures:
(a) Weapons, ammunition and their components of categories A and B cannot be exposed to public view. They can be presented to a prospective buyer. They are kept in commercial premises;
The outer window of the store shall not contain any mention, in any form, related to these weapons;
Weapons, ammunition and their elements of categories A and B held in public-accessible premises must be locked in safes or tight cabinets sealed in the walls or on the ground, or a vacuum weight greater than 350 kg;
Weapons of these categories held in different locations of sale must be:
- be made unusable, even by combining several elements, by removing one or more of the elements of the weapon, which are stored in safes or strong cabinets sealed in the walls or on the ground, or by an empty weight greater than 350 kg;
- be kept in safes or tightly sealed cabinets in the walls or on the ground or in a vacuum weight greater than 350 kg, or in strong rooms or tights with a armoured door and whose openings are protected by bars or metal shutters;
Any security document must be kept under the same conditions as the weapons that have not been rendered unusable;
(b) Weapons in category C, 1° of category D and 2° of category D, exposed in window or held in 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 Category C weapons, 1° of category D and 2° of category D weapons, the exterior window and main access door are protected, outside the hours of openness to the public, either by a metal closure of the curtain or grid type, 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 shall be installed at the premises where the weapons mentioned in the first paragraph are sold or retained. Only audible sound alarm devices can be installed and used on the public track;
(e) Ammunition must be retained or presented under conditions prohibiting free public access;
(f) Restrictions on the acquisition and possession of weapons, ammunition and their elements must be displayed on the premises of the sale and on the premises of the exhibition.
Any person who engages in the trade in arms, ammunition and their elements of categories A, B, C, 1° of category D and h, i and j of 2° of category D shall have a fixed and permanent premises in which they shall keep the weapons, ammunition and their elements that they hold and the records referred to in sections 109 and 110.
When engaged in the retail trade, the merchant must operate in that location. Only the presentation and retail sale of a to g weapons of 2° of category D can be carried out outside this fixed space.
I. ― The approval of the armourers provided for in Article L. 313-2 of the Internal Security 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 establishment's location or, if not, the applicant's home. A receipt is issued.
The provisions provided for in Article L. 313-2 of the Internal Security Code do not apply to the exclusively related activities:
• paintball launchers classified at the h of 2° of category D;
– Ammunition specifically designed for paintball launchers and ranked at 2° of category D.
II. ― Any renewal application shall be made in accordance with the terms of this chapter and shall 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.
The following documents are attached to the application for approval:
1° A document establishing the civil status of the individual and an extract of a birth certificate with marginal mentions;
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 developed by the professional armory branch and approved by an order of the Minister of Interior referred to in section 93; 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.
Any document written in a foreign language is accompanied by its translation into French.
1° The Certificate of Professional Qualification referred to in 2° of Article 90 attests, inter alia, to the Master's competencies:
(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.
I. ― Accreditation may be refused when the applicant has been sentenced to a suspended sentence of imprisonment for more than three months, registered in his criminal record or, for foreign nationals, in a document equivalent to Bulletin No. 2 of the criminal record.
II. ― Accreditation is denied to the applicant:
(a) Who is the subject of a protection regime pursuant to Article 440 of the Civil Code, which has been or has been the subject of an admission to psychiatric care pursuant to Article 706-135 of the Code of Criminal Procedure, which has been or is hospitalized without its consent due to mental disorders pursuant to Articles L. 3212-1 to L. 3213-11 of the Code of Public Health and to persons whose mental condition is manifestly incompatible with
(b) Listed in the National File for Prohibitions in the Acquisition and Detention of Weapons under Article L. 312-16 of the Internal Security Code or which has been the subject of a judicial decision to prohibit the acquisition and detention of weapons that has become final;
(c) That is the subject in a State other than France of measures equivalent to those defined in a and b above.
The authority that issued the licence may suspend it for a maximum period of six months or withdraw it, where the conditions for the award of the licence are no longer met or for reasons of public order and security of persons.
The withdrawal decision sets the time limit for the person to dispose of the equipment. Upon expiry of this period, the application of section L. 312-7 of the Internal Security Code is made.
By derogation from articles 91 to 95, the authorization to engage, under the control of the State, in the manufacture and trade of equipment, weapons and ammunition of categories A and B provided for in article 75 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 I L. 2332-1 of the code of defence, be the approval of an article 2
The retail trade in weapons, ammunition and their elements of category C, 1° of category D and a, b, c, h, i, 2° of category D is subject to authorization pursuant to article L. 313-3 of the Internal Security Code.
The application for authorization is submitted by the operator's legal representative to the prefect of the establishment's implantation department. It indicates the identity and quality of the representative, the address of the local, the nature of the activity and the categories of weapons and ammunition or their elements subject to retail trade.
The following documents are attached to the application:
(a) A forecast situation plan (1/25 000);
(b) A detailed report on the means of protection provided for against theft or intrusion and on the modalities for the preservation of the equipment and their presentation to the public in accordance with the provisions of Article 89;
(c) An up-to-date excerpt of the trade and corporate register;
(d) A copy of the approval or receipt of the application for approval, provided that the approval provided for in section 91 is required.
The prefect solicits for advice the mayor of the municipality where the establishment is located. The mayor's opinion is given within one month. After this period, the notice is deemed to be given.
The authorization is issued by prefectural order, without limitation of duration.
The authorization indicates:
- the trade name or the local sign and, if it is a society, its social reason;
― the complete address of the establishment where the activity is carried out and corresponding to the address mentioned on the extract of the trade register and companies;
the identity and quality of the legal representative;
- the registration number in the trade and corporate register;
― the categories of weapons and ammunition or their elements whose retail trade is carried out in the premises;
―that the holder must allow the authorized agents of the State to access the premises.
The Prefect maintains the list of premises meeting the conditions of the third paragraph of Article L. 313-3 of the Internal Security Code.
It shall issue, upon request of the merchant concerned, a certificate certifying that the local person meets the conditions mentioned in the preceding paragraph.
The owner of the authorization shall promptly inform the prefect who has issued the authorization to open the premises in the event of:
― closure of the premises subject to authorization;
- disposal of the premises;
- delisting of the trade and corporate register;
― a change in the legal nature of the licensed establishment;
― relative change to the categories of equipment, subject to retail trade in the authorized premises, or to the nature of commercial activity carried out in the authorized premises.
If the change relates to the categories of equipment, the Prefect shall verify that the security measures are in accordance with the requirements of section 89.
The registrar of a prefectural institution shall promptly inform the territorially competent prefect of the resuming of the premises and the changes related to the resuming of the premises with respect to:
- the trade name or the local sign and, if it is a society, its social reason;
― the complete address of the establishment;
the identity and quality of the legal representative;
- the registration number in the trade and corporate register;
- the categories of weapons and ammunition whose retail trade is carried out in the premises;
― Armor's approval, with the exception of the retail shops of paintball launchers and their ammunition classified at h and j of 2° of category D.
The beneficiary merchant of the provisions provided for in the first sentence of the third paragraph of Article L. 313-3 of the Internal Security Code shall promptly inform the prefect of the place where the premises is located, in the event of:
– closure of the operating premises;
- delisting of the trade and corporate register;
- change of the legal nature of the establishment;
- relative change to the categories of the equipment, subject to the retail trade in the premises being operated, or to the nature of the retail trade activity carried out in the premises being operated;
- disposal of the premises being operated.
When the change relates to the categories of equipment, the Prefect verifies that the security measures are in accordance with the requirements of section 89.
The information listed in Article 103 shall be communicated to the prefect by the registrar of an institution mentioned in the first sentence of the third paragraph of Article L. 313-3 of the Code of Internal Security.
The opening authorization of the commercial premises may be suspended or withdrawn:
where the operator has failed to comply with the information obligations set out in sections 102 and 103;
- where the conditions under which the authorization is issued are no longer met, in particular where the operation of the premises is caused by repeated disturbances to public order or security, or where the protection of the premises against the risk of flight or intrusion is no longer in accordance with the conditions laid down in section 89.
In the latter case the prefect may, in advance, put the merchant in place to carry out the work necessary to secure the flight or intrusion within three months of notification of the stay.
The decision to withdraw the opening authorization of the premises sets the date of its closure and the destination of the materials stored or exposed in the premises.
If, at the fixed date, equipment remains stored or displayed in the premises, notwithstanding the continued removal of the materials, the application of section L. 312-7 of the Internal Security Code is made.
By derogation from the provisions of Article 90:
(a) Trade events may be organized under the conditions provided for in Article L. 762-2 of the Trade Code;
(b) Without prejudice to the possible application of the provisions of Article L. 310-2 of the Commercial Code, retail sales outside a fixed and permanent premises may be permitted at events other than those defined by Article L. 762-2 of the Commercial Code by the prefect of the department where they are held.
Only persons may be allowed to sell weapons, weapon elements and ammunition from categories B, C, 1° of category D and a, b, c, h, i and j of 2° of category D listed in section 2 to the holders:
- the authorization referred to in section 97;
- the authorization of a retail outlet issued under the conditions set out in section 74;
- a special authorization issued by the prefect certifying that the conditions for the sale of weapons, weapon elements and ammunition do not pose a risk to public order and security;
- the armoury approval provided for in section 91;
The organizers of these trade events where weapons, their elements or ammunition are presented or sold are required to verify that exhibitors have one of these authorizations;
(c) During meetings held on sites hosting participants in paintball activities, the sale of paintball launchers classified at 4° of category C and at the 2° of category D can be made by authorized traders.
I. ― To conduct public auctions, the sales organizers must be authorized to:
- for the public sale of weapons and weapon elements of categories A and B, the authorization is requested to the Minister of Defence at least fifteen frank days before the date of sale. The lack of response from the administration within the time limits is authorized;
- for the public sale of weapons and weapon elements of category C, of 1° of category D and of a, b, c, h and i of 2° of category D listed in section 2, the authorization shall be requested in the same conditions to the prefect of the department whose place of practice of the profession is.
When they normally sell weapons from these categories, the Minister of Defence may give them the authorization referred to in the last paragraph of section 74.
Public sales organizers must comply with the obligations made to the licensees.
Sales of weapons and weapon elements in categories A and B must be reported annually to the Minister of Defence. This provision does not apply to Area Service Officers.
II. Only can bid:
- for the materials of category A, persons with an authorization referred to in articles 91 et seq. of this decree;
- for materials of category B, persons with an authorization referred to in articles 91 and following or in articles 30 and following of this decree;
― for weapons of category C and 1° of category D, holders of an authorization referred to in sections 91 et seq. of this decree or persons holding a hunting permit issued in France or abroad, or any other document holding the place of a foreign hunting licence, accompanied by a validation title of the current year or the previous year, or a licence in the course of validity of a federation
The sales organizers must submit these documents before the sale.
Weapons and their elements for the public auction are retained under the conditions set out in 1° and 2° of Article 118.
Individuals and representatives of legal persons engaged in the arms trade and weapon elements of Class C and 1° of Class D 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)
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. For the acquisition of weapons and weapon elements of category C and 1° of category D, references to the title submitted pursuant to section 43. The purchaser or the particular seller must affix its signature to the registry.
Records that are maintained under sections 83 and 109 shall be maintained throughout the duration of the activity. In case of owner change, they are transmitted to the successor, who can continue to use them.
In the event of a final closure of the trade, they must be deposited 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, they may be used by the successor. The prefects shall, at least twice a year, paste this register.
In order to make registrations on the registers held by merchants in the event of a correspondence sale of the goods of category B, category C and 1° of category D, the purchaser or non-commercial seller must send to the merchant or manufacturer of arms or ammunition the photocopy of the official document bearing his photograph and signature. If it is a foreigner residing in France: a resident card or any other document holding place or national passport; if the foreigner resides outside the national territory, national passport or national identity card. This photocopy must be retained for a period of ten years by the merchant or manufacturer.
Weapons, ammunition and their elements belonging to the military services or the civil services of the State or under their control are subject to special provisions enacted by the ministers responsible for these services.
I. ― Individuals or legal persons holding firearms are required to make any provision in a manner that avoids the use of these weapons by a third party.
II. - Firearms, their elements and their category A and B ammunition shall be retained:
1° Either in safes or strong cabinets adapted to the type and number of materials held;
2° Either inside strong rooms with an armoured door and whose openings are protected by bars.
The equipment of 6°, 8°, 9° and 10° of category A2, whose weapons systems have been neutralized, must be kept in premises secured by an audible alarm of the public track and by suitable physical protection.
III. ― Individuals or legal persons holding firearms, their Class C and Class D elements must keep them:
1° Either in safes or strong cabinets adapted to the type and number of materials held;
2° Either by dismantling an essential part of the weapon making it immediately unusable, which is kept apart;
3° Either by any other device preventing the weapon's removal.
Ammunition must be kept separately under conditions prohibiting free access.
I. ― When not used, the ammunition and its elements must be delivered to safes or strong cabinets sealed in the walls or in strong chambers:
1° Categories A, B and C held by companies that test these weapons or carry out testing of materials using these weapons on products or materials they manufacture;
2° Category B, C and 1° of category D held by companies that are under the obligation to provide security of their property or the custodianship of their buildings or to rely on surveillance and custodial services;
3° Classes A, B, C and 1° of category D held by persons whose activity is to make their rent to film and television production companies as well as to entertainment companies.
II. – Only those responsible designated by the Chief of Business or Institution have access to these weapons.
Tenants and temporary users, such as actors or figures, of the weapons mentioned in 3° of I of article 114 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 themselves against flights.
For any lease contract, arms-owners must draw up an inventory of weapons that are being delivered, specifying the marks, models, calibres, numbers and categories of weapons that are relevant to their identification. This inventory is annexed to the rental contract.
Sports associations approved for the practice of firing outside hours of access to facilities must take the following safety measures:
1° Category B weapons are stored in safes or tight 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;
2° Weapons in category C and 1° of category D are chained through a chain or cable in the bridges, with the chain or cable attached to the wall. Otherwise, they may be equipped with an individual or collective security system ensuring their fixation.
Only those responsible designated by the president of the association have access to these weapons.
Weapons in categories B and C held by forain fire operators must, during the duration of their use, be chained to the firing bench. Weapons of categories B, C, and the h of 2° of category D shall, when they are not put into service, be removed from the firing facilities and stored in a controlled space, their transport to be carried in closed boxes.
Weapons, ammunition, their elements of categories A, B, C and 1° of category D presented to the public in museums other than State museums are subject to the following requirements:
1° 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 and section 89;
2° The weapons exposed are rendered unusable by the removal of one of the security documents referred to in section 89 a. Weapons and weapon elements that are permanently exposed are, in addition, chained or equipped with a security stall system opposing their abduction;
3° Weapons stored in the reserve shall be retained under the conditions defined in (a) or (b) of Article 89 according to their category;
4° Museums other than State museums, owners of collections, hold a special inventory of weapons, ammunition and their elements of categories A, B, C and 1° of category D with all indications of brands, models, calibres, serial numbers and categories useful to their identification. This inventory register is covered by the Police Commissioner or the Gendarmerie Brigade Commander and submitted to any requisition of the representatives of the administration;
5° Museums newly subject to the provisions of this Article shall have a period of five years from the date of entry into force of this Order to comply with these new obligations.
Materials in category A2 referred to in section 27 are held in a secure location.
The 9° aircraft in category A2 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.
I. ― The loss or theft of a weapon, weapon element or ammunition of categories A, B, C and 1° of category D shall be the subject of a statement to the police commissioner or gendarmerie commander as soon as possible, on the part of the holder he or she is a natural or legal person, of a statement to the police commissioner or commander of the gendarmerie brigade and giving any relevant indications as to the circumstances of the loss or the flight as well as on the mark, model,
During an expedition, the declaration is made under the same conditions by the owner.
If the holder is a tenant referred to in section 115, the holder must provide without delay a copy of that statement to the applicant.
II. ― It is issued to the registrant received from his statement. The Police Commissioner or the Gendarmerie Brigade Commander shall transmit the information specifying the mark, model, calibre, serial number and category of the weapon, weapon element or ammunition concerned to the prefect who has granted the authorization or issued the receipt.
Mention of theft or loss is included in the computerized directory management application of arms owners and owners.
III. – A new authorization may be granted or a new receipt issued to the interested party upon request.
IV. ∙ The loss or theft of weapons, weapon elements or ammunition from category A, B, C and 1° of category D held by an administration or handed over by the latter to its officers, in accordance with the provisions of section 25, I and III, shall be subject to a written statement by that administration to the Commissioner of Police or to the Force Commander of the Gendarmerie and giving all relevant information on the loss or theft of circumstances.
I. ― Are forbidden:
1° Except as provided for in sections 122, 123 and 124, the port of arms, weapon elements and ammunition of categories A and B;
2° Carriage of Category B weapons, weapons and ammunition without legitimate motive;
3° The port and transport without legitimate motive of weapons, weapon elements and ammunition of categories C and D.
II. ∙ Hunting and shooting:
1° The hunting permit issued in France or abroad or any other document holding the place of a foreign hunting permit, accompanied by a validation title of the current year or the previous year, is a legitimate port for weapons, weapon elements and ammunition of category C and 1° of category D as well as for weapons of the 2° of category D for their use in hunting action or for any related activity;
2° The hunting permit issued in France or abroad or any other part of the place of a foreign hunter's licence, is a legitimate means of transport of weapons, weapons and ammunition of category C and 1° of category D, as well as weapons of 2° of category D, intended for use in hunting action or for any activity related to it;
3° The valid firing licence issued by a sports federation having received the delegation of the Minister responsible for sports under Article L. 131-14 of the Sports Code for the practice of firing is the title of legitimate transport of weapons, weapon elements and ammunition of categories B, C and 1° of category D as well as weapons, weapon elements and ammunition of the 2° of category D used in the practice of sport under the said federation.
III. ― The rationale for participation in a historical reconstruction is the legitimate reason for carrying weapons, elements of weapon of a, d, e, f, g and k of 2° of category D, in the strict framework of the conduct of this event. This justification is one of the legitimate reasons for the transport of arms, the elements of the weapon of a, d, e, f, g and k of 2° of category D, in the strict framework of the conduct of this demonstration.
IV. ― Firearms mentioned in 2° and 3° of I 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 safety parts.
I. ― Officials and agents referred to in the first paragraph of the III of Article 25 are authorized to carry, in the exercise or occasion of their duties, weapons and ammunition of the 1st of Class B and of the 2nd of Class D that they hold under regular conditions.
For officials and agents referred to in the first and second paragraphs of Article 25 III, the authorization orders provided for in Article IV shall take individual authorizations to carry arms.
II. - The military referred to in the third paragraph of Article 25 shall carry their weapons and ammunition under the conditions defined by the particular regulations affecting them.
III. – Officials and officers of the customs and prison administration are authorized in the performance of their duties to carry, carry and use the weapons of categories A, B, C and D that were handed over to them by their administration.
IV. - The personnel of the companies referred to in II of Article 32 approved by the Prefect may, when their mission so warrants, be allowed to carry the weapons and ammunition they are provided outside the buildings and premises of these companies.
Authorities are issued by the prefect of the department where the places to be monitored are located. They are revocable at any time by the prefect who delivered them.
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 and the corresponding ammunition within the limits set out in 1° of section 39.
The authorization, issued for a period not exceeding one year, is renewable. It can be removed at any time.
The prefect of the department of the home of the holder of this authorization to carry a weapon shall, upon presentation of the medical certificate referred to in Article 12, issue the authorization to acquire and hold, for the same period, the weapon of fist and, within the limits provided for in Article 39, 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 defined in section 69.
The Minister of the Interior may authorize by order any foreign person staying in France as well as persons ensuring his security, at the request of the government of the country whose personality is a national, to hold, carry and transport a fist weapon and, within the limits set out in 1° of section 39, the corresponding ammunition.
Authorization may not be granted for a period greater than that of the stay in France 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 123 and 124.
The provisions of this chapter apply to shipments and transport of arms and their elements of categories A, B, C and 1° and g and h of 2° of category D with the exception of paintball launchers, whether or not these shipments and transports are subject to authorization, when carried out in a professional capacity or by individuals.
Shipments of firearms and their components of the categories referred to in section 126 must be carried out without any mention of the nature of the contents appear on the outer packaging.
In addition, any firearms of categories A and B shall be subject to two separate shipments:
1° On the one hand, weapons themselves, on which one of the security documents referred to in Article 89 a was taken;
2° On the other hand, security parts collected, which must be transported separately, at least twenty-four hours apart.
These provisions are not applicable to shipments of weapons under judicial seals.
Derogations from the provisions of the second to fourth paragraphs of section 127 may be granted by the Minister of Defence for shipments of arms transferred within the meaning of Chapter VII, imported or exported, after notice from the Ministry of Interior and, where appropriate, other interested departments. Decisions granting these exemptions may impose enhanced security measures on beneficiaries.
Any shipment by mail of firearms, elements of these weapons of categories A, B, C of 1° and g and h of 2° of category D, with the exception of paintball launchers must be carried out by mail delivered against signature.
Shipments by rail, air or sea of firearms and elements of these weapons of categories A, B, C, 1° and 2° of category D, with the exception of paintball launchers, shall be carried out by a routing regime to meet the time conditions set out in section 132. Weapons and elements of these weapons classified in these categories must be placed in cardboards or crates or enclosed metal containers.
The road shipment of firearms and elements of these weapons of categories A, B, C, 1° and 2° of category D, with the exception of paintball launchers, must be carried out using locked vehicles.
Weapons and elements of these weapons classified in these categories must be placed in cardboards or crates or enclosed metal containers; They shall remain for the entire duration of the transport, including during loading and unloading operations and during stops on the way, in the permanent custody of the driver of the vehicle or a conveyor.
When transport or shipment by road is carried out as part of a grouping of goods, the transport company must be informed of the contents of the packages that are 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 in its stores.
Shippers or recipients of weapons and elements of these weapons of categories A, B, C, 1° and g and h of 2° of category D, with the exception of paintball launchers, must make all useful arrangements so that the stay of these equipment does not exceed twenty-four hours in stations and airports and seventy-two hours in ports.
The security conditions for loading, unloading and transit operations in road, rail stations, ports and airports of weapons and elements of weapons classified in these categories are set by joint decree of the Ministers of Interior and Defence and the Ministers responsible for the industry, transport and customs.
Weapons and their elements of categories B, C, 1° and g and h of 2° of category D and ammunition of any category may be delivered directly to the purchaser in the course of a correspondence or distance sale, in accordance with the provisions of this chapter.
Transfers of warfare equipment, weapons, weapon elements and ammunition from category A2 referred to in section 2 and items listed in the list referred to in the second paragraph of Article L. 2335-9 of the Defence Code are excluded from the scope of this chapter. They remain subject to the provisions on transfers of defence-related products.
For the purposes of this chapter, persons who submit such a document to the authorities of a Member State during a detention check or to a person engaged in the arms trade at the time of the acquisition are considered to be residents of the country indicated by the address mentioned on a document showing their residence.
The documents showing the residence, as defined in the preceding paragraph, are the passport and identity card or other registered document on a list fixed by order of the Minister of the Interior.
Weapons, ammunition and their elements of category B or referred to in a, b and c of 1° of category C whose transfer is subject to authorization under this chapter and which are included in the list of defence-related products provided for in Article L. 2335-9 of the Defence Code are exempted from the procedure for the transfer of defence-related products provided for in that article.
For reasons of compliance with France's international commitments, protection of the essential interests of security, public order or public security, transfer to another Member State of arms, ammunition and their elements mentioned in the first paragraph may be subject to the procedure provided for in Article L. 2335-9 of the Defence Code by joint order of the Prime Minister and Ministers for Foreign Affairs, Economy and Finance, Defence and Interior as well as
The Minister of the Interior or the Prefect, with respect to the movement of ammunition and ammunition within the national territory, and the Minister of Customs, with regard to the transfer of ammunition and ammunition from or to another Member State, may, in the event of serious threats or breaches of public order, as a result of the unlawful detention or use of ammunition and other member states, take such measures as may be necessary to prevent such unlawful detention or use
Is subject to the common acquisition law regime of this section the acquisition:
1° Weapons, ammunition and their elements of Class B; expansive ammunition and their projectiles defined in Article 1;
2° Weapons, ammunition and their weapon elements of category C and 1° of category D.
The prefect may grant to a resident of a Member State of the European Union the authorization to acquire for the purposes of detention in France or the authorization to hold in France a weapon, ammunition or their elements of Class B, if the applicant produces a prior authorization from his country to acquire and hold such weapons.
The detention is granted under the conditions set out in section 145 when the authorization is given for a trip.
I. ― The acquisition by a resident of another Member State, in order to hold them in France, of weapons, ammunition and their elements in category C and 1° of category D is subject to the prior submission of a declaration of intent.
The application for declaration or registration, in accordance with the model set out in the order set out in section 6, shall be a declaration of intent within the meaning of section 8 of Directive 91/477/EEC of 18 June 1991 referred to above.
For Class C weapons, the declaration of intent is transmitted by the prefect of the place of acquisition at the point of contact of the Member State in which the purchaser resides.
II. ― A resident of another Member State may freely acquire the weapons and weapon elements of 2° of Class D.
The prior agreement to the personal acquisition of a weapon, ammunition and their elements mentioned in the 1st of Article 138 in another Member State by a person residing in France is given by the prefect of the department of the place of residence.
The European Firearm Card is the document established by the above-mentioned directive of 18 June 1991 on the control of the acquisition and detention of weapons to attest to the quality of holder and user in a regular situation of the weapons that are registered there. It is issued by the prefect of the place of residence to any person legally detaining or using firearms, French nationality or having the quality of residence in France, who makes the request.
The Prefect can only issue a European firearm card per applicant.
It is issued for a period of five years.
In the event of the sale, loss, destruction or theft of a weapon or in the event of the transformation of the weapon, the holder must return his or her European card or update it.
By derogation from Articles 149 to 152, the detention of firearms during a voyage between France and another Member State may take place under the conditions provided for in Articles 144 and 145.
The detention of a weapon, weapon element, ammunition and, where applicable, ammunition elements during a trip to one or more Member States are allowed to a French resident only if he obtains a European firearm card and can justify that his movement is carried out for hunting or sporting purposes.
In the absence of this justification or if the trip is made to a Member State that prohibits the acquisition and detention of the weapon concerned or submits it to authorization, the French resident must have prior authorization from the Member State of destination.
These documents must be submitted to any requisition of the authorized authorities.
The detention of a weapon, ammunition and their elements of categories B and C and 1° of category D by a resident of another Member State during a trip to France is subject to authorization. The authorization is issued by the prefect of the place of destination and, in case of transit, by the prefect of the place of entry in France. It's on the European firearm card. This authorization may be given for one or more trips and for a maximum period of one year.
By derogation from the provisions of the preceding paragraph, hunters and sports shooters may come to France or transit through France to practise their activity, with one or more firearms, without prior authorization, under the following conditions:
1° Being in possession of the European firearm card mentioning this or these weapons;
2° Hunters, holders of the hunting permit, may hold three hunting weapons of category C or 1° of category D and one hundred guns;
3° Sports shooters can hold up to six weapons of categories B, C and 1° of category D.
In addition, hunters must justify traveling for a hunting purpose and sports shooters present a written invitation or proof of their entry to an official shooting competition mentioning the date and venue of this competition. The European map, written invitation or proof of registration must be submitted to any requisition of the authorized authorities.
The acquisition of a weapon, ammunition and their Class B elements by a resident of another Member State, with a view to transferring it to its State of residence, shall only be subject to:
1° That the merchant obtain the permit and the prior agreement referred to in Article 149; and
2° That the shipment be carried out directly by the merchant.
When making the sale, the merchant is required to comply with the obligations of the commercial authorization holders. The complete permit of the terms and conditions of shipment and the characteristics of weapons, ammunition and their elements and the authorization of detention must be submitted to the Customs Department. This may require the submission of these assets to ensure that they are consistent with the permit.
The permit, referred to by the Customs Service, accompanies the materials to the destination. It must be presented as well as property transferred to any requisition of the authorized authorities.
A resident of another Member State may acquire weapons and their weapon elements of Class C and 1° of Class D for transfer only when the transfer is made to the State of residence.
The sale is conditioned by the direct sending of the weapon by the seller in the state of residence of the purchaser.
The seller attests to this shipment by any means.
This acquisition is also subject to the submission of the prior agreement of the State of Residence when it requires it. The weapons and their weapon elements mentioned above may not be acquired from persons engaged in the arms trade or any other person other than upon surrender of the receiver.
The seller, after completing the two copies of the receipt, gives one to the purchaser and addresses the other to the prefecture of the place of acquisition; if the seller is an individual, the prefecture delivers a receipt of his sales return. When transferring arms and their weapon elements to the State of destination, the purchaser must submit to the customs office his copy of the receiver, the permit referred to in Article 149 and the goods transferred. The permit provided by the Customs Department accompanies the goods to the destination. It shall be presented as well as such property to any requisition of the competent authorities.
Subject to the intra-community transfer regime referred to in Article L. 2335-17 of the Defence Code:
1° Firearms, ammunition and their elements from 2° to 10° of category A1 and category B;
2° Firearms, ammunition and their elements of category C and 1° of category D.
The transfer of arms, ammunition and their elements, with the exception of unloaded and uninitiated casings of the c of the 1st of category D and the projectiles of the munitions classified in category B, at the 6th and 7th of category C and in category D, referred to in article 148 to another Member State is subject to the obtaining of a permit issued by the Minister responsible for Customs, after the prior agreement of the last Member State The permit includes the terms and conditions of shipment and the characteristics of the transferred property.
The permit accompanies the goods to the destination. It shall be submitted to any requisition of the competent authorities.
Where the permit relates to firearms or their elements, it shall be submitted together with such goods to the Customs Service before the transfer is made, subject to the conditions established by the Minister for Customs.
The Minister of Customs may issue to the shipowners an approval of up to three years to transfer, without prior obtaining the permit referred to in Article 149, to armourers established in the other Member States of the arms, ammunition and their elements referred to in Article 148.
This approval does not exempt from obtaining the prior agreement of the State of destination, if it so requires, or from the establishment of a declaration of transfer. It must indicate the references to the preliminary agreement or the list of weapons, ammunition and their elements for which the State of destination does not require prior agreement and to the approval of the Minister of Customs as well as the terms and conditions of transfer and the characteristics of the goods transferred. The transfer declaration accompanies the goods to the destination. It shall be submitted to any requisition of the competent authorities.
Where the transfer declaration relates to firearms or their elements, it shall be filed with the Customs Department before the day of the transfer in accordance with the terms and conditions established by the Minister for Customs.
A copy of the ammunition transfer declarations and their elements is forwarded by the registered armourer to the administration prior to the completion of the transfer in accordance with the terms and conditions established by the Minister for Customs.
I. ― The transfer of arms, ammunition and their elements, referred to in 1 and 2 of Article 148, from another Member State to France, is subject to prior agreement issued by the Minister responsible for Customs.
The issuance of the prior agreement to individuals transferring firearms, ammunition and their elements from the 1st of Article 148 to France is subject to the production by the latter of the relevant authorization for acquisition and detention.
Upon receipt of the goods, the consignee professional entered on the prior agreement the quantities delivered. The individual, in the case of weapons, ammunition and their elements referred to in the 1st of Article 148, refers Part 2 of the acquisition authorization duly completed to the prefect.
The issuance of the prior agreement to individuals transferring arms, ammunition and their elements from category C and 1° of category D to France is subject to the submission of the documents under section 43.
II. ― By derogation from the first paragraph of I above, the Minister of Customs shall give precedence:
1° The transfer of arms, ammunition and their elements referred to in Article 148 to France after exposure or repair in another Member State of the European Union;
2° The temporary transfer of fist and ammunition weapons to France, authorized by order of the Minister of Interior pursuant to section 124;
3° The final or temporary transfer of firearms, ammunition and their annular percussion elements in 1°, 2° and 8° of category C.
III. - The permit or transfer declaration accompanying the transferred property from another Member State to France must be submitted to any requisition of the authorized authorities.
Applications for a permit under section 149, the approval of section 150 and the prior agreement of section 151, which may be filed in dematerialized form, shall be filed with the Minister for Customs. A Minister's order sets out the conditions under which these documents are prepared and the statements in section 150. It indicates the documents that are attached to them.
The permit and the declaration referred to in the above paragraph shall include the data for the identification of each weapon, weapon element, ammunition and ammunition and the indication that weapons, weapon elements and ammunition have been subject to control according to the provisions of the Convention of 1 July 1969 concerning the mutual recognition of the test punches of handguns and of the regulations with decrees I and II published in Brussels,
The Minister for Customs shall issue, in writing or, where appropriate, in electronic format, permits and authorizations for transfer to another Member State provided for in sections 149 and 150 under the conditions set out in section 154 after favourable advice from the Minister for Foreign Affairs, the Minister of Defence, in accordance with their respective responsibilities, and, for transfer approvals, the Minister of Interior.
It issues under the same conditions the pre-transfer agreement to France provided for in Article 151 after favourable advice, according to their respective responsibilities, of the ministers of defence and interior.
When this pre-transfer agreement is in a comprehensive form, it covers during its validity period the transfer of identified equipment, without quantity or amount, from identified suppliers.
In the cases provided for in sections 149, 150 and 151, the permit, approval and pre-transfer agreement referred to in section 153 shall be issued:
1° With regard to weapons, ammunition and their elements of the 1st of Article 148:
(a) To persons who meet the conditions laid down in this decree in order to make it manufacture and trade;
(b) To persons who do not hold the authorization referred to in I of Article L. 2332-1 of the Defence Code and who, on an exceptional basis, request the authorization to transfer to another Member State or from another Member State of the arms, ammunition and their elements of the 1st of Article 148;
(c) To the municipalities that have obtained, under the conditions set out in Decree No. 2000-276 of 24 March 2000 establishing the terms and conditions for the application of Article L. 412-51 of the Code of Commons and relating to the arming of municipal police officers, the authorization to acquire and hold them;
(d) To individuals who have obtained, under the conditions defined by this decree, the authorization to acquire and hold them;
2° With regard to weapons, ammunition and their elements of the 2nd of Article 148:
(a) Manufacturers or merchants who have met, as appropriate, the requirements of articles 74, 91, 97 and 101;
(b) To individuals, either to transfer them to another Member State or to acquire or hold them in a personal or professional capacity;
Accreditation of the transfer of arms, ammunition and their elements, classified in Class B is charged in kind and in number of transferred quantities;
(c) To persons who, on an exceptional basis, request authorization to transfer to another Member State or from another Member State the weapons, ammunition and their elements mentioned in the 2nd of Article 148.
3° With regard to the weapons, ammunition and their elements referred to in Article 148, persons referred to in 1 and 2 of this article who temporarily transfer them to another Member State or temporarily receive them from another Member State for demonstration, exhibition, repair, renovation, processing or manufacture.
The maximum period of validity of pre-, permit and transfer approvals is as follows:
1° Pre-transfer agreement: one year maximum for the individuals mentioned in the d of 1° and in the b of 2° of Article 154 and three years for the professionals mentioned in a and b of 1° and to a and b of 2° of the same article as for the communes mentioned in the c of 1° of the same article;
2° Transfer permit: six months;
3° Transfer agreement: three years;
4° Pre-transfer agreement in a global form: one year from the date of issue, renewable by tacit renewal.
At the request of one of the Ministers concerned, the validity of these decisions may be reduced to three months for pre- agreements and transfer permits and to one year for transfer approvals.
The reference to this period is made to these prior, permissive and approval agreements.
The transfer permit, the transfer authorization and the pre-transfer agreement may be suspended, amended, repealed or withdrawn by the Minister of Customs, after favourable notice of the Minister of Foreign Affairs and the Minister of Defence for the transfer permit, the Minister of Foreign Affairs, the Minister of Defence and the Minister of Interior for the transfer licence, and the Minister of Defence and the Minister of Interior for the purpose of transfer 17
In the event of an emergency, the Minister of Customs may suspend the transfer permit, the transfer authorization or the pre-transfer agreement without delay.
The amendment, repeal or withdrawal may only take place after the licensee has been able to make its observations within fifteen days, in accordance with the terms set out in section 24 of Act No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with the administrations.
The decision to suspend, amend, repeal or withdraw the import authorization is notified to the holder by the Minister of Customs.
The transfer of arms, ammunition and their elements mentioned in 1° and 2° of Article 148 between two Member States with borrowing from the national territory is not subject to the prior agreement referred to in Article 151 provided that the latter is accompanied by the permit or the corresponding transfer declaration. These documents must be submitted to any requisition of the authorized authorities.
The provisions of sections 139 and 140 also apply to the correspondence sale defined in section 111.
I. ― The acquisition and detention, in France, by a resident of another Member State of the European Union of Arms under 6°, 7° and 8° of category B and of the weapons of a, b, c, g, h, i, j and k of 2° of category D are governed by the provisions of chapter II.
II. ― Pursuant to Article L. 2335-17 of the Code of Defense, the transfer from another Member State of the European Union to France, of weapons, ammunition and their elements of 6°, 7°, 8° and 9° of category B and of the weapons of a, b and c of 2° of category D is subject to the authorization referred to in Article L. 2335-1 of the same code and
III. – The transfer of arms, ammunition and their elements mentioned in II, returned to France after exposure or repair, is exempted from authorization.
The temporary transfer of fist and ammunition weapons to France, which is authorized by order of the Minister of the Interior pursuant to section 123, is also exempt from authorization.
Where an authorization is granted pursuant to Part II of Article 159, a copy of this authorization shall be accompanied by weapons, weapon elements, ammunition and ammunition. This document must be submitted to any requisition of the authorized authorities. Upon receipt, the recipient registered on the copies of the authorization the quantities of goods delivered.
I. ― The Minister for Customs shall transmit to each Member State concerned the information it collects under sections 149, 150 and 152. It receives those transmitted to it by the other Member States concerning transfers of arms, ammunition and their elements to France.
II. ∙ The Minister of the Interior shall transmit to each Member State concerned information relating to residents of other Member States:
1° Who acquires weapons and their elements subject to the common rule of law; or
2° Who obtains an authorization to hold one or more weapons or weapon elements in France. It receives the same information from other Member States regarding persons residing in France.
III. The Minister of Defence shall communicate to the other Member States and to the Commission:
1° The list of authorities or services responsible for transmitting and receiving information relating to the acquisition and detention of arms, ammunition and their elements;
2° Lists of weapons, ammunition, and their elements for which the authorization to transfer from one territory to another may be given without prior agreement as well as those of weapons, ammunition and their items whose acquisition is prohibited, subject to authorization or declaration.
It is the recipient of the same information provided by the Member States.
I. ― The import authorizations referred to in Article L. 2335-1 of the Defence Code, permits, approvals and pre-transfer agreements, including in general form, firearms, ammunition and their elements, and authorizations for the transfer of arms and weapon elements, issued prior to the entry into force of this Order, shall retain their validity until the end of this Order.
II. ― Export authorizations for warfare and similar materials relating to the export to European Union Member States, including in general form, and individual and comprehensive transfer authorizations issued prior to the date of entry into force of this Order shall retain their validity until their expiry date.
Is punishable by the fine provided for in the contraventions of the 4th class for the detention by a minor of a weapon, weapon, ammunition or ammunition:
1° From category B without meeting the conditions mentioned in 2° of Article 34;
2° Category C and D without meeting the conditions mentioned in the third to sixth paragraphs of Article 42.
Is punished by the penalty of fines provided for the 4th class contraventions so as to:
1° Any person not to make the declaration of loss or flight under section 120;
2° Any tenant referred to in section 115 not to provide the claimant with a copy of the loss declaration provided for in the same section.
Is punished by the penalty of fines provided for the 4th class contraventions so as to:
1° Any person who transfers his home to another department not to make the declaration provided for in article 51;
2° Any person who transfers the property of a weapon or element of weapon submitted to the declaration or registration of category C or 1° of category D, without performing the formalities provided for in section 50;
3° Any person who enters possession of any equipment, weapon or element of weapon in Class C or 1° of Class D not to make the declaration or registration under section 45.
Is punished by the penalty of fines provided for the 4th class contraventions so as to:
1° Any registered sports association member of a sports federation having received from the Minister responsible for sports, under Article L. 131-14 of the Sports Code, delegation for the practice of shooting or ball-trap, to acquire or hold more than one weapon for fifteen shooters or fraction of fifteen shooters or more than sixty weapons in violation of Article 34(1) of I;
2° Any major person to acquire or hold more than twelve weapons in violation of the limitation provided for in section 34;
3° Any person over twelve years of age, without meeting the conditions set out in section 34, shall hold more than three weapons of counter-percussion punch at a stroke of 1° of category B;
4° Any person to acquire or hold more than ten arson punch weapons at a blow in violation of the quota set out in section 34.
It is punishable by the penalty of fines for contraventions of the 4th class that every person acquires or owns more than ten systems of supply per weapon in violation of the quota set out in section 37 at the end of the transitional period provided for in section 57.
A fine for contraventions of the 4th class shall be punished by any person to acquire or hold ammunition classified in the 8th of Class C or in the 1st of Class D without the presentation of the hunting permit, accompanied by a validation of the current year or the previous year or of the valid firing licence.
Is punished by the penalty of fines provided for the 4th class contraventions so as to:
1° Any person to acquire or hold ammunition classified in 6° and 7° of category C without presentation of the receipt of declaration of the legally detained weapon and the hunting permit, accompanied by a validation title of the current year or the previous year and or of the valid firing licence;
2° Any person to acquire or hold more than 1,000 munitions classified in 6° and 7° of category C by weapon.
It is punishable by the penalty of fines provided for the contraventions of the 4th class that makes it possible for any person to hold more than 500 munitions classified in 6°, 7° and 8° of category C or in 1° of category D, without holding the corresponding weapon.
It is punishable by the fine provided for in the contraventions of the 5th class that any person may exercise in an individual capacity the activity that consists, as a principal or as an accessory to the manufacture, trade, exchange, lease, repair or transformation of a weapon, weapon element and ammunition, or to direct or manage a legal person carrying on that activity, without the holder of an administrative authority granted to his or her professional honourability.
Is punished by the penalty of fines provided for the 4th class contraventions so as to:
1° Any person referred to in section 89 not to retain any material, weapon or material held by the person under that section;
2° Any person responsible for a sports association not to retain a weapon, one of its elements and the ammunition referred to in Article 116 under the conditions laid down in this article;
3° The wrought-fire operator shall not retain the weapons referred to in Article 117 under the conditions provided for in this Article;
4° Any person in charge of a business referred to in section 114 not to retain arms, ammunition and their elements under the conditions set out in the same article;
5° Any claimant, tenant or temporary user referred to in Article 115 not to retain arms, ammunition and their elements under the conditions set out in the same article;
6° Any owner of arms referred to in Article 115 shall not, in the case of rental, make an inventory of arms in accordance with the provisions of this Article or not attach this inventory to the lease agreement;
7° Any owner, director, official of a museum or owner of collections presented to the public referred to in section 118 shall not comply with the provisions prescribed in this article in respect of security measures, for the exposure and preservation of weapons, weapon elements and ammunition, or for the maintenance of the inventory record or not to 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 114 shall not comply with the security provisions provided for in this article for the conservation of such weapons.
It is punishable by the fine provided for in the contraventions of the 4th class that it is for any person to carry and transport without legitimate cause any war equipment, weapon, weapon or ammunition of the 2nd Class D or not to observe the security provisions of section 121.
Is punished by the penalty of fines provided for the 4th class contraventions so as to:
1° Any person to ship a weapon and weapon referred to in the first paragraph of section 127 without complying with the provisions of that paragraph and section 129, except as specified in section 129;
2° Any person to ship, except for exemption under section 128, a weapon referred to in the second paragraph of section 127, except for weapons shipped under judicial seals, without complying with the security measures set out in that paragraph;
3° Any person to ship a weapon and weapon referred to in section 130 in a commercial manner without respect for the security measures imposed by that article;
4° Any person to carry, knowingly, on a road-based professional basis a weapon and an element of weapon referred to in section 131 without complying with the security measures set out in this article;
5° Any person to ship or carry a weapon and weapon referred to in section 131 on a road-by-road basis without respect for the safety measures imposed by that article;
6° Any person to carry, on a particular roadway basis, a weapon referred to in the first paragraph of section 131 without respect for the safety measure set out in that paragraph;
7° Any person who sends, on a professional basis or is consigned to a weapon or weapon element referred to in section 132, by negligence to remain such weapons and weapon elements more than twenty-four hours at stations and airports and seventy-two hours at ports;
8° Any person acting in a professional capacity not to comply with the security conditions set out in section 132 to which the loading, unloading and transit operations must be carried out in the bus or railway stations, ports and airports of the weapons and weapon elements mentioned in this article.
Is punished by the penalty of fines provided for the 4th class contraventions so as to:
1° Any person not to record on copies of the pre-transfer agreements referred to in section 151 and on the import authorizations referred to in section 160 the quantities of weapons, weapon elements, ammunition or ammunition received in accordance with the provisions of these articles;
2° Any person who refuses to submit the permit, import authorization or transfer declaration and transfer certificate, as well as the weapon, weapon element, ammunition and ammunition concerned upon requisition of the authorities authorized in accordance with the provisions of sections 149, 150, 151, 157 and 161;
3° Any person to surrender to a resident of another Member State a weapon, weapon element, ammunition or ammunition loaded in category C or 1° of category D without obtaining the receipt under the conditions provided for in Article 140 I and Article 147.
Is punished by the penalty of fines provided for the 4th class contraventions so as to:
1° Any person, in the cases provided for in the fourth paragraph of Article 142, not to return or not to update its European firearm card;
2° A resident of another Member State shall hold, during a voyage to France, a weapon, weapon or ammunition of category C or 1° of category D without authorization in accordance with the provisions of the first paragraph of Article 145;
3° Any sports shooter, in the cases provided for in the second paragraph of section 145, shall either hold a weapon or weapon element of category C or 1° of category D referred to in that article without the entry of the weapon or element of weapon on its European firearm card, or shall not be in possession of the written invitation or proof of its entry under the same paragraph of the same article. The same is true of the detention of ammunition without the authorization provided for in this article;
4° Any resident hunter of another Member State to hold a Class C or Category D weapon referred to in the second paragraph of Article 145 without the entry of that weapon on its European firearm card.
Individuals guilty of one of the contraventions provided for in this chapter also apply the following additional penalties:
1° Prohibition of holding or carrying, for a period of not more than three years, a weapon subject to authorization;
2° Forfeiture of one or more weapons owned or disposed of by the convicted person;
3° The confiscation of the thing that served or was intended to commit the offence or the thing that is the product of it;
4° The obligation to carry out a citizenship internship, in accordance with the terms set out in section 131-5-1 of the Criminal Code.
The legal persons convicted criminally, under the conditions provided for in section 121-2 of the Criminal Code, of offences defined in this chapter shall, in addition to the fine in accordance with the terms provided for in section 131-41 of the Criminal Code, be forfeited under section 131-16 of the Criminal Code.
The above-mentioned decree of 9 November 2011 is amended:
1° Section 1 is replaced by the following:
"I. ― The import authorization regime referred to in Article L. 2335-1 of the Defence Code is subject to:
« 1° Materials, weapons, ammunition and their elements of categories A, B and C referred to in Article 2 of Decree No. 2013-700 of 30 July 2013 implementing Act No. 2012-304 of 6 March 2012 on the establishment of a modern, simplified and preventive arms control;
« 2° Weapons, ammunition and their elements of 1° of category D and a, b and c of 2° of category D of the same decree.
“II. ― Persons wishing to import the material referred to in I submit an application for an import authorization to the Minister of Customs. The manner in which this application is submitted shall be determined by order of the Minister for Customs.
"III. ― Where the application for authorization relates to equipment intended to be transferred to the ports or aerodromes of France, it is established as a transit authorization referred to in Article 44. »
2° Article 4 is supplemented by two paragraphs as follows:
“j) Firearms, ammunition and their elements with an annular percussion in 1°, 2° and 8° of category C mentioned in Article 2 of Decree No. 2013-700 of 30 July 2013 implementing Act No. 2012-304 of 6 March 2012 on the establishment of a modern, simplified and preventive arms control;
“(h) Uninitiated and unloaded casings of 1° of category D and ammunition projectiles classified in category B, 6° and 7° of category C and in category D of the same decree. » ;
3° After Article 37, Title III: "Intra-Community Transfers" is supplemented by Chapter VI as follows:
“Chapter VI
“Transfers subject to a specific procedure
"Art. 37-1.-I. ― Pursuant to the V of Article L. 2335-10 of the Code of Defense, the transfer from another Member State of the European Union to France of arms, ammunition and their elements of 1° and 2° of category A2 listed in Article 2 of Decree No. 2013-700 of 30 July 2013 enforcing Act No. 2012-304 of 6 March 2012 relating to the establishment of a preventive control of modern weapons, simplified
“II. – The transfer of arms, ammunition and their elements referred to in I to France after exposure or repair is exempted from authorization.
"III. – A copy of this authorization accompanies weapons, weapon elements, ammunition and ammunition. This document must be submitted to any requisition of the authorized authorities.
"When receiving weapons, ammunition and their elements, the recipient shall record their nature and quantity on the copy of the corresponding authorization. » ;
4° After Article 50, an article 50-1 is inserted as follows:
"Art. 50-1.-Is punishable by the fine provided for in the contraventions of the 5th class by any person not to record on copies of the authorizations provided for in Article 37-1 the quantities of weapons, weapon elements, ammunition or ammunition received in accordance with the provisions of Article III of the same Article. »
The Defence Code is amended to read:
1° Section R. 2335-1 is replaced by the following provisions:
"Art. R. 2335-1.-I. ― Are subject to the import authorization regime referred to in Article L. 2335-1, I:
« 1° Materials, weapons, ammunition and their components of categories A, B and C;
« 2° Weapons, ammunition and their elements of 1° of category D and a, b and c of 2° of the same category.
“II. ― Persons wishing to import the material referred to in I shall submit an application for an import authorization to the Minister of Customs, in writing or, where applicable, in electronic format. The manner in which this application is submitted shall be determined by order of the Minister for Customs.
"III. ― Where the application for authorization relates to equipment intended to be transferred to the ports or aerodromes of France, it is established as a transit authorization referred to in R. 2335-41. » ;
2° In the second paragraph of article R. 2335-2, the words: "in writing or if applicable in electronic format" are inserted after the words: "in individual or global form";
3° Article R. 2335-4 is supplemented by two paragraphs as follows:
« 10° Firearms, ammunition and their ring percussion elements in 1°, 2° and 8° of category C;
« 11° Uninitiated and unloaded casings of 1° of category D and ammunition projectiles classified in category B, 6° and 7° of category C and in category D »;
4° After section R. 2335-40, an article R. 2335-40-1 is inserted in the same subsection as follows:
"Art. R. 2335-40-1.-I. ― Pursuant to the V of Article L. 2335-10, the transfer from another Member State of the European Union to France of arms, ammunition and their elements of the 1st and 2nd of category A2 listed in Article 2 of Decree No. 2013-700 of 30 July 2013 enforcing Act No. 2012-304 of 6 March 2012 on the establishment of a control of modern, simplified and preventive weapons is subject to Article 2335-1.
“II. – The transfer of arms, ammunition and their elements referred to in I to France after exposure or repair is exempted from authorization.
"A copy of this authorization accompanies weapons, weapon elements, ammunition and ammunition. This document must be submitted to any requisition of the authorized authorities.
"When receiving weapons, ammunition and their elements, the recipient shall record their nature and quantity on the copy of the corresponding authorization. »
5° Chapter IX of Title III of Part 2 is supplemented by an article R. 2339-2 as follows:
"Art. R. 2339-2.-Is punishable by the fine provided for in the contraventions of the 5th class by any person not to record on copies of the authorizations provided for in Article I R. 2235-40-1 the quantities of weapons, weapon elements, ammunition or ammunition received in accordance with the provisions of Article III. »
In 2° of title II of the annex to Decree No. 97-1194 of 19 December 1997 referred to above, under the title "General Code of Taxes", under the title "Decree No. 2011-1467 of 9 November 2011 on imports and exports outside the territory of the European Union of war materials, weapons and ammunition and similar materials and intra-community transfers of products related to the defence", the following table is replaced by
| 1 | Authorization to import war materials, weapons and ammunition | Article 2 |
| 2 | Export authorization of war materials, weapons and ammunition and similar materials | Article 14 |
| 3 | Authorization for transfer of defence-related products | Rule 27 |
| 4 | Authorization for transfer of arms, ammunition and their elements | Rule 37-1 |
| 5 | Authorization of transit of war materials, weapons and ammunition and similar equipment | Rule 46 |
| 6 | Amendment, suspension, withdrawal and repeal of authorization to import war materials, weapons and ammunition | Article 7 |
| 7 | Amendment, suspension, withdrawal and repeal of authorization to transfer war materials, weapons and ammunition | Rule 37-1 |
In 2° of title II of the annex to Order in Council No. 97-1194 of 19 December 1997 referred to above, under the title "General Code of Taxes", under the title "Chart III of Book III of the Second Regulatory Part of the Defence Code", the table is replaced by the following table:
| 1 | Authorization to import war materials, weapons and ammunition | Article R. 2335-2 |
| 2 | Authorization for transfer of arms, ammunition and their elements | Article R. 2335-40-1 |
| 3 | Authorization of transit of war materials, weapons and ammunition and similar materials | Article R. 2335-43 |
| 4 | Amendment, suspension, withdrawal and repeal of the authorization to import or transfer war materials, weapons and ammunition | Article R. 2335-7 |
| 5 | Amendment, suspension, withdrawal and repeal of arms transfer authorization, ammunition and their elements | Article R. 2335-40-1 |
In 2° of title II of the annex to Decree No. 97-1194 of 19 December 1997 referred to above, under the title "general code of taxes", the title and the table "decree No. 95-589 of 6 May 1995 on the application of the decree of 18 April 1939 establishing the regime of war materials, weapons and ammunition" are replaced by the following title and table:
"Decree No. 2013-700 of 30 July 2013 implementing Act No. 2012-304 of 6 March 2012 on the establishment of modern, simplified and preventive arms control:
| 1 | Transfer permit | Rule 149 |
| 2 | Transfer approval | Article 150 |
| 3 | Pre-transfer agreement | Article 151 |
| 4 | Authorization for transfer of arms, ammunition and their elements | Rule 159 |
| 5 | Amendment, suspension, withdrawal and repeal of the transfer permit, transfer licence and pre-transfer agreement | Article 156 |
| 6 | Modification, suspension, withdrawal and repeal of the authorization to transfer ammunition weapons and their elements | Rule 159 |
In article R. 48-1 of the Code of Criminal Procedure, it is inserted a 10° as follows:
"10° Weapons Contraventions Repressed by Decree No. 2013-700 of 30 July 2013".
The provisions of Article 1 of Decree No. 96-1133 of 24 December 1996 relating to the prohibition of asbestos, taken under the Labour Code and the Consumer Code, are not applicable to transactions related to intra-community transfers of products related to defence and export-related operations, including imports for re-export, war materials, weapons and ammunition under section 1 of Decree No.
These operations are carried out in accordance with the provisions of the Labour Code relating to the prevention of exposure to asbestos.
Decree No. 95-589 of 6 May 1995 is repealed.
This Order comes into force on September 6, 2013 with the exception of sections 180 and 182 that come into force on the date of entry into force of the above-mentioned Decree of July 20, 2012.
The Minister of Foreign Affairs, the Guard of Seals, Minister of Justice, Minister of Economy and Finance, Minister of Social Affairs and Health, Minister of the Interior, Minister of Foreign Trade, Minister of Productive Recovery, Minister of Ecology, Sustainable Development and Energy, Minister of Defence, Minister of Culture and Communication, and Minister of Sport, Youth, Order in Council
Done on 30 July 2013.
Jean-Marc Ayrault
By the Prime Minister:
The Minister of the Interior,
Manuel Valls
Minister of Foreign Affairs,
Laurent Fabius
The guard of the seals,
Minister of Justice,
Christiane Taubira
Minister of Economy and Finance,
Pierre Moscovici
Minister of Social Affairs
and Health,
Marisol Touraine
The Minister of Foreign Trade,
Nicole Bricq
Minister of Productive Recovery
Arnaud Montebourg
The Minister of Ecology,
Sustainable Development
and energy,
Philippe Martin
Minister of Defence,
Jean-Yves Le Drian
Minister of Culture
and communication,
Aurélie Filippetti
Minister of Sports, Youth,
of popular education
and associative life,
Valérie Fourneyron
