REGULATION FOR THE ARRANGEMENT OF THE WEAPONS

J.o. Number 292 of December 17, 1998 page 19048

General texts

Ministry for the interior

Decree No 98-1148 of 16 December 1998 modifying the decree No 95-589 of 6 May 1995 relating to the application of

decree of 18 April 1939 fixing the mode of the weaponries, weapons and ammunition

NOR: INTD9800303D

The Prime Minister,

On the report/ratio of the Minister of Interior Department, of the Minister for the economy, finances and industry, of the minister of

defense, of the Minister for and environment and the Minister regional planning for the youth and of

sports,

Considering the decree of 18 April 1939 fixing the mode of the weaponries, weapons and ammunition;

Considering the decree No 95-589 of 6 May 1995 relating to the application of the decree of 18 April 1939 fixing the mode of the materials

of war, weapons and ammunition, modified by the decree No 96-831 of September 20, 1996;

The Council of State (section of the interior) heard,

Issue:

Art. ßt - In article 2 of the decree of 6 May 1995 referred to above, the I of the 4th category of B is modified as follows:

I - paragraph 1 is thus written:

" Paragraph 1. Weapons of fist not included/understood in the ßt category, other than the guns and revolvers of

choke and of alarm "

II - paragraph 8 is thus written:

" Paragraph 8. Weapons of shoulder with repetition with unrifled bore provided with a device of recharging to pump "

Art. 2. - Article 9 of the decree of above mentioned 6 May 1995 is thus modified:

I - II is modified as follows:

1o B is replaced by the following provisions:

" b) With the companies which do not satisfy the following conditions:

" - the one-man businesses must belong to a French or to a national of a Member State of

European Community or of another State left to the agreement on the European economic Area;

" - the associates and the managers of the partnerships must be French or amenable to a Member State

European Community or of another State left to the agreement on the European economic Area;

" - in the joint stock companies and the limited liability companies, the managers, financed, the members

board of directors, directory or board of trustees must be French or amenable to one

Member State of the European Community or another State left to the agreement on the Economic area

European. The majority of the capital must be held by French or nationals of a Member State of

European Community or of another State left to the agreement on the European economic Area. The State can

to subordinate the granting of the authorizations to the personal form of the actions "

ò After B, is inserted C thus written:

" c) With the companies which do not satisfy the following conditions, when these companies request one

authorization of manufacture or trade of automatic weapons and weaponries concerned with

paragraphs 4 to 11 of the ßt category, 2nd or the 3rd category of A of article 2 of this decree:

" - the one-man businesses must belong to a French national;

" - the associates and the managers of the partnerships must be French;

" - in the joint stock companies and the limited liability companies, the managers, financed, the members

board of directors, directory or board of trustees must be French. Majority of the capital

must be held by French. The State can subordinate the granting of the authorizations to the personal form of

actions "

II - III is replaced by the following provisions:

" III - The authorization can be refused:

" - when the applicant or a person belonging to the bodies of monitoring in the company or it

grouping of petitioning economic interest or exerting there a function of administrator, management or of

direction was condemned to a sorrow of imprisonment with or without deferment higher than three months, being reproduced on

bulletin No 2 of its criminal record or in a document are equivalent for the nationals of a Member State of

European Community or of another State left to the agreement on the European economic Area;

" - when its delivery is likely to disturb the law and order or to threaten the interests of the State "

III - the IV are removed.

IV - the first subparagraph of V is replaced by the following provisions:

" A titrates exceptional, the Minister for defense can, for reasons of national defense, to grant

authorizations derogating from the conditions defined in the B and C of II above "

Art. 3. - The ò of article 14 of the decree of above mentioned 6 May 1995 is replaced by the following provisions:

" ò All transfers of shares or social shares likely to transfer to foreign nationals it

control companies aimed to C of II of article 9 of this decree and at nationals of other States that

Member States of the European Community or States left with the agreement on the Economic area

European the control of the companies aimed to the B of II of the same article "

Art. 4. - With A of the ô of article 23 of the decree of above mentioned 6 May 1995, after the words: " allowed to drive out ", are

additions words: " which must be covered visa and validation of the current year or previous year and

who must be introduced during acquisition ".

Art. 5. - After article 23 of the decree of above mentioned 6 May 1995, it is inserted article 23-1 thus written:

" Art. 23-1. - Except when it is made for the transfer to another Member State of the Community

European or of export to a third country, the acquisition of the weapons, elements of weapons, ammunition or

elements of ammunition of the 5th category is subordinated to the presentation, according to the case, of a licence to drive out

covered visa and validation of the current year or previous year, of a licence of hunting in the course of

validity or of a licence of a sporting federation having received, in accordance with article 17 of the law of July 16, 1984

referred to above, delegation of the minister in charge of the sports for the practice of the shooting "

Art. 6. - The first subparagraph of the ò of article 28 of the decree of above mentioned 6 May 1995 is thus written:

" old people of twenty and one years at least and gunners selected of less than twenty and one years

participant in international contests, members of the aforesaid associations, holders of the notebook of shooting conforms to

provisions of article 28-1 of this decree, laid off of a federation having received, in accordance with article 17 of the law

from July 16, 1984 above mentioned, delegation of the minister in charge of the sports and holders of a favourable opinion with this

federation, within the limit of twelve weapons, of which to the maximum seven of the weapons cited in paragraphs 1 to 3 of ßt

category or of the weapons of the 4th category with central percussion, others having to be weapons of 4th category with

annular percussion of a gauge equal or lower than 6 Misters These weapons can be used only in one stand

of shooting declared pursuant to the decree of September 3, 1993 referred to above. Authorizations of acquisition and detention

delivered with the title of the present ò are subordinated to a minimum number of controlled meetings of practice of the shooting

fixed by decree under the conditions envisaged at the following subparagraph "

Art. 7. - It is inserted, after article 28 of the decree of above mentioned 6 May 1995, article 28-1 thus written:

" Art. 28-1. - The people mentioned with the ò of article 28 of this decree must be titular of a notebook

of shooting indicating the date of each controlled meeting of practice of the shooting

" This notebook, delivered by an approved sports association mentioned with the 1o of article 28 of this decree, must

to be presented at any requisition of the services of police force, gendarmerie or the customs.

" the approved sports associations mentioned with the 1o of article 28 of this decree hold a register

day laborer indicating the name, first name and residence of any person taking part in a controlled meeting of practice

shooting.

" This register is held with the provision of the sporting federations which the aforementioned associations concern and must be

presented at any requisition of the services of police force or gendarmerie.

" a joint decree of the Minister of Interior Department, of the Minister for defense and the minister in charge of the sports fixes them

methods of application of this article, and in particular the standard model of the notebook of shooting and the daily register

defined in the preceding subparagraphs "

Art. 8. - In chapter III of title III of the decree of above mentioned 6 May 1995, it is inserted article 48-1 thus written:

" Art. 48-1. - Weapons, elements of weapons and ammunition held by the titular physical people of one

authorization of acquisition and detention must be preserved in safes or strong cupboards.

These people are held to make any provision likely to avoid the use of these weapons by a third.

" Any request for authorization of acquisition and detention, and any request for renewal of one

already granted authorization, must be accompanied by the justification of the installations mentioned with the subparagraph

precedent "

Art. 9. - Article 72 of the decree of above mentioned 6 May 1995 is thus modified:

I - With the first subparagraph of paragraph 2, words: " and them weapons by name indicated classified in 6th

category " are removed.

II - the ò of paragraph 2 is replaced by the following provisions:

" ò With the other people, on presentation of the parts envisaged in article 23-1 of this decree "

III - paragraph 3 becomes paragraph 4.

IV - It is inserted a paragraph 3 thus written:

" Paragraph 3. With regard to the weapons by name indicated classified in the 6th category:

" 1o With the manufacturers and tradesmen who carried out the declaration envisaged in article 6 above.

" ò With the other people, to hold them on a purely personal or professional basis "

Art. 10 - The I of article 94 of the decree of above mentioned 6 May 1995 is supplemented by a subparagraph thus written:

" the delivery of prior agreement to the private individuals transferring towards France from the weapons, ammunition and theirs

elements of the 5th category is subordinated to the presentation of the parts envisaged in article 23-1 of this decree.

"

Art. 11 - The provisions of articles 4 to 7 of this decree will come into force on January 1, 1999.

Art. 12 - Minister of Justice, Minister for justice, the Minister of Interior Department, the Minister for the economy, of

finances and of industry, the Minister for defense, the Minister for the regional planning and of

the environment and the Minister for youth and the sports are charged, each one in what relates to it, of

execution of this decree, which will be published in the Journal officiel de la République française.

Fact in Paris, December 16, 1998.

Lionel Jospin

By the Prime Minister:

The Secretary of State to overseas,

Minister of Interior Department by interim,

Queyranne Jean-Jack

Minister of Justice, Minister for justice,

Elisabeth Guigou

The Minister for the economy,

finances and industry,

Domenica Strauss-Kahn

The Minister for defense,

Alain Richard

The Minister for the regional planning

and of the environment,

Domenica Voynet

The Minister for youth and the sports,

Marie-George Buffet