Proposal for a EU directive
Link to other versions :
In contrast to arbitrary dogmatism, a proposal for an innovative and understandable directive
Taking advantage of the events of November 13, 2015 in Paris, apparently at the initiative of the French government, the European Commission pulls out of its drawers a draconian proposal to amend Directive 91/477 / EEC, already amended by Directive 2008 / 51 / EC.
Obviously taking advantage of legitimate emotions, the proponents of this text get both their strategy and goal wrong, through a sordid confusion between collectors and criminals. At least, that is, if the real goals were to ensure EU citizens' safety and combating criminals and terrorists.
Indeed, how could we believe that the ban on semi-automatic rifles (Category B) already subject to authorization in all EU countries, would prevent criminals from obtaining automatic weapons (Category A), prohibited for civilians in all states of the Union since the directive of 1991 quoted above. It is paradoxical to argue that: "to fight against illegal arms trafficking, we must restrict lawful firearms ownership."
Additionally, firearms whether fully automatic or not, are not the only means of aggression and destruction terrorists can and did use.
Furthermore, the editors concede in the explanatory memorandum of this controversial directive proposal: that "it is submitted without impact analysis". Shocking!
Also, l’Association De Tireurs makes an "INNOVATIVE AND UNDERSTANDABLE" counter-proposal.
This proposal is innovative in that it seeks to control preventively gun owners and not inanimate objects devoid of own dynamics. "It is the criminal who kills, not the weapon."
It is understandable because it concerns only legal owners and firearms and has only 3 pages and an appendix page.
The license for the acquisition and ownership is mandatory for all firearms manufactured after December 31, 1899.
But only weapons of category A and B are subject to administrative authorization valid at least 5 years.
Possession of weapons of category C is free, without registration. Canada has been a pioneer in the establishment of a registry for rifles, but has given it up because it was a waste of resources.
Finally, the right to self-defense is explicitly stated.
In a democracy, the monopoly of the legitimate use of physical force can not be reserved to the State and the right to acquire, own and bear arms is fundamental.
The security of any free and democratic State is based on the resistance to oppression, the right to acquire, keep and bear arms shall not be infringed.
Firearms are classified into 3 categories:
I. - Category A: restricted Firearms and ammunition.
- A 1: Automatic firearms;
- A 2: Explosive military missiles and launchers.
- A 3: Ammunition with penetrating, explosive or incendiary projectiles, and the projectiles for such ammunition.
II. - Category B: firearms subject to non-discretionary authorization.
- B 1: Short firearms except single shot rim-fire hand-guns guns;
- B 2: Long semi-automatic firearms with more than 5 shots;
- B 3: Firearms disguised as other objects.
III. - Category C: firearms can be freely owned by relevant persons.
- C 1: All firearms that are not included in categories A and Band not in C2 or C3;
- C 2: Firearms of a model designed before 1900 and manufactured between January 1st, 1900 and 1950.
- C3: Firearms of a model designed after 1900 and classified as Category C because of their historical, artistic or technical interest.
Firearms manufactured before January 1, 1900 are antiques and are not covered by this Directive.
Deactivated firearms according to standards accepted by all EU countries are not firearms. But their trade must be restricted to licensed traders. A Regulation establishing these standards will be published within 12 months of publication of this Directive.
ACQUISITION, POSSESSION AND STORAGE.
I. - ACQUISITION.
Nationals or legal resident adults of the Union may acquire weapons of categories A, B and C under the following conditions:
1 / Being holder of an authorization for the acquisition and possession of weapons.
2 / Not to have been convicted for violent offences, trafficking in human beings or drug trafficking.
3 / Have no psychiatric history.
The authorization for the acquisition and possession of firearms is a proof for the legitimate transport within the European Union.
Member States shall ensure that holders of an authorization for the acquisition and possession of firearms fulfill the above conditions during the initial application and during its validity. In case of non-compliance with one or more conditions, the license shall be revoked. Fair compensation will be offerdin case firearms are seized because of this revocation.
Member States may grant authorizations for firearms and ammunition of category A in special cases on their own initiative: members of security forces for active and reserve, former members of the security forces, collectors etc ...
II. –POSSESSION AND STORAGE.
Owners of firearms are responsible for their weapons and should undertake, at their initiative, all appropriatereasonablemeasures to prevent their use by unauthorized persons. Ammunition must be locked up in a cabinet or a lockable room.
Weapons for personal or home defense can be storedloaded, but the weapon or weapons must be stored when they are not usedor under direct control by the ownerunder the same conditions as ammunition.
Firearms Category A and B are subject to administrative authorization valid for at least 5 years.
Ownership of category C are free from any authorization.
III. - TRANSPORT AND CARRYING.
In public areas, outside of hunting action, weapons must be transported in a briefcase or closed case. All reasonable and appropriatemeasures to prevent their use by unauthorized persons must be taken.
The permit defined under B.I.1. is an authorization to transport.
Holders of the permit under B.I.1.may apply for a carry permit for firearms provided they pass a theoretical and practical examination on the use of firearms in public areas.
Holders of the permit under B.I.1.cancarry concealedany non-firearm weapon.
A hunting license is a permit to carry weapons authorized for hunting.
IV. LEGITIMATE USE OF WEAPONS.
Legitimate uses include hunting, sport shooting and fun-shooting, Collection and Self Defense.
Hunting and shooting are subject to the national laws.
The collection of weapons concerns all three categories of firearms. Member States may restrict the acquisition and ownership of weapons of category A. But these restrictions shall not be prohibitive.
Self-defense relates to the protection of property and life, the defender’s and especially others.
There is a presumption of self-defense against a real and unjustified attack for the duration of the risk of aggression, even if the latter is suspended.
In particular, the presumption of self-defense is a given right for the defense of any legally occupied place, residences or businesses, during day and night. (Castel Doctrine)
The person assaulted or witnessing an assault has no obligation to retreat or to wait for the hypothetical arrival of law enforcement.
For the purposes of this Directive:
(a) 'short firearm' means a firearm with a barrel not exceeding 30 centimetres or whose overall length does not exceed 60 centimetres;
(b) 'long firearm' means any firearm other than a short firearm;
(c) 'automatic firearm' means a firearm which reloads automatically each time a round is fired and can fire more than one round with one pull on the trigger;
(d) 'semi-automatic firearm' means a firearm which reloads automatically each time a round is fired and can fire only one round with one pull on the trigger;
(e) 'repeating firearm' means a firearm which after a round has been fired is designed to be reloaded from a magazine or cylinder by means of a manually-operated action;
(f) 'single-shot firearm' means a firearm with no magazine which is loaded before each shot by the manual insertion of a round into the chamber or a loading recess at the breech of the barrel;
(g) 'ammunition with penetrating projectiles' means ammunition for military use where the projectile is jacketed and has a penetrating hard core;
(h) 'ammunition with explosive projectiles' means ammunition for military use where the projectile contains a charge which explodes on impact;
(i) 'ammunition with incendiary projectiles' means ammunition for military use where the projectile contains a chemical mixture which bursts into flame on contact with the air or on impact.
You can also read the French version of this proposal