50 Amendments of Fredrick FEDERLEY related to 2015/0269(COD)
Amendment 40 #
Proposal for a directive
Recital 4
Recital 4
Amendment 52 #
Proposal for a directive
Recital 5
Recital 5
Amendment 59 #
Proposal for a directive
Recital 7
Recital 7
(7) Taking into consideration the high risk of reactivating badly deactivated weapons and in order to enhance security across the Union, deactivated firearms should be covered by this Directive. Additionally, for the most dangerous firearms stricter rules should be introduced in order to ensure that those firearms are not allowed to be owned or traded. Those rules should also apply to firearms of that category even after they have been deactivated. Where those rules are not respected, Member States should take appropriate measures including the destruction of those firearms.
Amendment 67 #
Proposal for a directive
Recital 9
Recital 9
Amendment 81 #
Proposal for a directive
Recital 12
Recital 12
(12) Selling arrangements of firearms and their components by means of distance communication may pose a seriousparticular threats to security as they are more difficult to control than the conventional selling methods, especially as regards the on line verification of the legality of authorisations. It is therefore appropriate to limit. It is therefore appropriate to ensure adequate controls with regards to the selling of arms and components by means of distance communication, notably internet, to dealers and brokers.
Amendment 94 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 91/477/EEC
Article 1 – paragraph 1b
Article 1 – paragraph 1b
1b. For the purposes of this Directive, "essential component" shall mean the barrel, frame, receiver, slide or cylinder, bolt or breach block and any device designed or adapted to diminish the sound caused by firing a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted.
Amendment 111 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 123 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) The definition of the term "firearm" under Directive 91/477/EEC should continue to exclude objects which expel a shot, bullet or projectile by the action of a non-combustible propellant, for example through the operation of compressed air or another gas, including so-called airsoft devices and airgun devices, as well as objects which merely have the appearance of a firearm (replicas, imitations), provided in both cases that such objects cannot be converted to a firearm or do not contain an essential component which is capable of being used in a firearm. Member States should be able to regulate such objects under their national law.
Amendment 136 #
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3c) Essential components should be defined as those components which are necessary for the operation of a firearm and are constructed to withstand high pressure of firing. Accessories, such as devices designed or adapted to diminish the sound caused by firing a firearm, should not fall within the definition of an essential component, as the firearm can still be operated without them.
Amendment 138 #
Proposal for a directive
Recital 3 d (new)
Recital 3 d (new)
(3d) It should be specified that the activities of a dealer include not only the manufacturing but also the modification or conversion a firearm, such as the shortening of a complete firearm, and in addition the modification or conversion of parts of firearms and of ammunition, provided that it affects the category of such a firearm or ammunition, and that, therefore, only authorised dealers should be permitted to engage in those activities. This will not prevent, where allowed by national law, private persons from preparing ammunition or from modifying non-essential components of firearms for personal use.
Amendment 144 #
Proposal for a directive
Recital 4
Recital 4
Amendment 152 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) are at least 18 years of age, except in relation to the acquisition other than through purchase, and possession of firearms for hunting and target shooting, provided that in that case persons of less than 18 years of age have parental permission, or are under parental guidance or the guidance of an adult with a valid firearms or hunting licence, or are within a licenced or otherwise approved training centre;
Amendment 164 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Amendment 173 #
Proposal for a directive
Recital 5
Recital 5
Amendment 178 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take all appropriate steps to prohibit the acquisition and the possession of the firearms and ammunition classified in category A and to destroy those firearms and ammunition held in violation of this provision and seized. In cases where Member States consider it necessary for public security purposes, the competent authorities may grant authorisations for the acquisition and possession of such firearms and ammunition.
Amendment 183 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 186 #
Proposal for a directive
Recital 7
Recital 7
(7) Taking into consideration the high risk of reactivating badly deactivated weapons and in order to enhance security across the Union, dDeactivated firearms should not be covered by this Directive. Additionally, for the most dangerous firearms stricter rules should be introduced in order to ensure that those firearms are not allowed to be owned or traded. Those rules should also apply to fire if they have been deactivated in accordance with Implementing Regulation (EU) 2015/2403 or in accordance with prior national standarmds of that category even after they have been deactivated. Where those rules are not respected, Member States should take appropriate measures including the destruction of thoseand procedures recognised as resulting in the firearms being rendered permanently unfit for use, inoperable and incapable of being converted into functioning firearms.
Amendment 194 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3
Article 6 – paragraph 3
The acquisition of firearms and their parts and ammunition concerning categories A, B and C by means of distance communication, as defined in Article 2 of Directive 97/7/EC of the European Parliament and of the Council(*), shall be authorised only, except with respect to dealers and brokers and shall, be subject to the strict control of the Member States.
Amendment 202 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 91/477/EEC
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 205 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensurincrease the traceability of deactivated firearms, they should be registered in national registriesfirearms and essential components and to facilitate their free movement, the provisions of Directive 91/477/EEC should be clarified to ensure that both an assembled firearm and all essential components, whether included in an assembled firearm or not, are marked irremovably, without delay, at the time of their being manufactured or imported, unless the firearm has been deactivated in accordance with that Directive.
Amendment 231 #
Proposal for a directive
Recital 9
Recital 9
(9) Some semi-automatic firearms can be easily converted to automatic firearms, thus posing a threat to security. Even in There is a risk that any firearms converted to firing blanks, irritants, other absective substances of conversion to category "A", certain semi-automatic firearms may be very dangerous whenr pyrotechnic ammunition can be converted back in such a way as to make theirm capacity regarding the number of rounds is high. Such semi-automatic weapons should therefore be banned for civilian useble of firing live ammunition. Such firearms should therefore remain in the categories in which they were classified prior to their conversion.
Amendment 245 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a – point i
Article 1 – paragraph 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – Category A – point 7
Annex I – part II – point A – Category A – point 7
Amendment 255 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a – point ii
Article 1 – paragraph 1 – point 13 – point a – point ii
Amendment 257 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a – point iii
Article 1 – paragraph 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – Category C – point 5
Annex I – part II – point A – Category C – point 5
5. Alarm and signal weapons, salute and acoustic weapons as well as replicas;
Amendment 265 #
Proposal for a directive
Recital 12
Recital 12
(12) Selling arrangements of firearms and their components by means of distance communication may pose a seriousparticular threats to security as they are more difficult to control than the conventional selling methods, especially as regards the on line verification of the legality of authorisations. It is therefore appropriate to limit. It is therefore appropriate to ensure adequate controls with regard to the selling of arms and components by means of distance communication, notably internet, to dealers and brokers.
Amendment 287 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Objects, that have the physical appearance of a firearm ("replica"), but are manufactured in such a way that they cannot be converted to firing a shot or expelling a bullet or projectile by the action of a combusted propellant, should not be covered by this Directive.
Amendment 320 #
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 91/477/EEC
Article 1 – paragraph 1b
Article 1 – paragraph 1b
1b. For the purposes of this Directive, "essential component" shall mean the barrel, frame, receiver, slide or cylinder, bolt or breaech block and any device designed or adapted to diminish the sound caused by firing a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted.
Amendment 360 #
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1– paragraph 1h
Article 1– paragraph 1h
Amendment 388 #
Proposal for a directive
Article 1 – point 1 – point d
Article 1 – point 1 – point d
Directive 91/477/EEC
Article 1 – paragraph 2 – point ii
Article 1 – paragraph 2 – point ii
(ii) the manufacture, including modification or conversion, trade, exchange, hiring out, or repair or conversion of parts of firearmf essential components;
Amendment 403 #
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 423 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any assembled firearm or part placed on the market has been markedessential component, when manufactured or imported, has been marked without delay with an irremovable mark and registered in compliance with this Directive, or that it has been deactivated in accordance with the provisions implementing Article 10b and registered in compliance with this Directive.
Amendment 447 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
For the purposes of identifying and tracing each assembled firearm and each essential component, Member States shall, at the time of manufacture of each firearm or at the time of import and each essential component, or at the time of its being manufactured or imported into the Union, require a unique marking including the name of the manufacturer, the country or place of manufacture, the serial number and the year of manufacture, if not already part of the serial number. This shall be without prejudice to the affixing of the manufacturer's trademark.
Amendment 468 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
The marking shall be affixed to the frame or receiver of the firearm.
Amendment 470 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2 a (new)
Article 4 – paragraph 2 – subparagraph 2 a (new)
For the purposes referred to in the first subparagraph, Member States may choose to apply the provisions of the United Nations Convention for the Reciprocal Recognition of Proof Marks on Small Arms of 1 July 1969.
Amendment 510 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
Amendment 547 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Amendment 586 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take all appropriate steps to prohibit the acquisition and the possession of the firearms and ammunition classified in category A and to destroy those firearms and ammunition held in violation of this provision and seized. In cases where Member States consider it necessary for public security purposes, the competent authorities may grant authorisations for the acquisition and possession of such firearms and ammunition.
Amendment 599 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 641 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3
Article 6 – paragraph 3
The acquisition of firearms and their parts and ammunition concerning categories A, B and C by means of distance communication, as defined in Article 2 of Directive 97/7/EC of the European Parliament and of the Council(*), shall be authorised only, except with respect to dealers and brokers and shall, be subject to the strict control ofby the Member States. (*) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 659 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 91/477/EEC
Article 7 – paragraph 4 – subparagraph 2 (new)
Article 7 – paragraph 4 – subparagraph 2 (new)
Amendment 706 #
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 4
Article 13 – paragraph 4
4. TFor the purposes of the efficient application of this Directive, the competent authorities of the Member States shall exchange information on theby electronic means via a data-exchange platform or interoperable data-exchange platforms to be operational by ... [insert date], including information on authorisations granted for the transfers of firearms to another Member State as well as information with regard to refusals to grant authorisations as defined in Article 7. The Member States shall, upon request by another Member State, exchange information relevant to an assessment of the criminal history, if any, of persons who apply for or who have been granted exceptions pursuant to Article 6 or authorisations pursuant to Article 7. That information shall include the entire text of the corresponding judicial decision or decision of a relevant public authority.
Amendment 774 #
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 7
Annex I – part II – point A – category A – point 7
7. Semi-automatic firearms for civilian use which resemble weapons withwhich have been converted into automatic mechanisfirearms;
Amendment 783 #
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 8
Annex I – part II – point A – category A – point 8
8. FAny firearms under points 1 to 3 and 6 to 7 after having been deactivatedconverted to firing blanks, irritants, other active substances or pyrotechnical ammunition.
Amendment 791 #
Proposal for a directive
Article 1 – point 13 – point a – point ii
Article 1 – point 13 – point a – point ii
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7
Annex I – part II – point A – category B – point 7
Amendment 804 #
Proposal for a directive
Article 1 – point 13 – point a – point ii a (new)
Article 1 – point 13 – point a – point ii a (new)
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7 a (new)
Annex I – part II – point A – category B – point 7 a (new)
(iia) in Category B, the following point is added: "7a. Any firearm previously classified under points 1 to 7 after having been converted to firing blanks, irritants, other active substances or pyrotechnic ammunition."
Amendment 814 #
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – category C – point 5
Annex I – part II – point A – category C – point 5
5. Alny firearm aund signal weapons, salute and acoustic weapons as well as replicaser points 1 to 4 after having been converted to firing blanks, irritants, other active substances or pyrotechnic ammunition;
Amendment 820 #
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/447/EEC
Annex I – part II – point A – category C – point 6
Annex I – part II – point A – category C – point 6
Amendment 834 #
Proposal for a directive
Article 1 – point 14 – point a
Article 1 – point 14 – point a
Directive 91/477/EEC
Annex I – part III – point a
Annex I – part III – point a
(a) point (a) is deleted; replaced by the following: "(a) have been rendered permanently unfit for use by deactivation, ensuring that all essential parts of the firearm have been rendered permanently inoperable and incapable of removal, replacement or modification in a way that would permit the firearm to be reactivated in any way, provided that such deactivation has been done: (i) in accordance with the provisions implementing Article 10b(1); or (ii) pursuant to prior national standards and procedures for deactivation recognised under Article 10b(2); or (iii) prior to 8 April 2016 such that a slot has been cut through the chamber wall of a minimum of 4mm width and into the barrel along at least 50% of the barrel length and the barrel has been securely pinned or welded to the receiver/frame, and conversion to expel a shot, bullet or projectile by the action of a combustible propellant is not possible; or (iv) prior to 8 April 2016 and the deactivated object is not transferred to another Member State or placed on the market by a dealer or broker";
Amendment 836 #
Proposal for a directive
Article 1 – point 14 – point b
Article 1 – point 14 – point b
Directive 91/477/EEC
Annex I – part III – point b
Annex I – part III – point b
are designed for alarm, signalling, life- saving, animal slaughter or harpoon fishing or, for industrial or technical purposes provided that they can be used for the stated purpose only, or to only be capable of expelling a shot, bullet or projectile by the action of compressed air or other gas not generated by the action of a combusted propellant, or are designed as airsoft devices or airgun devices of any description from which only a small missile with limited energy can be discharged, provided that they can be used for the stated purpose only and are not capable of being converted in such a way as to render them capable of expelling a shot, bullet or projectile by the action of a combusted propellant;
Amendment 844 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive [312 months after publication toin the OJ]. They shall forthwith communicate to the Commission the text of those provisions.