22 Amendments of Evelyne GEBHARDT related to 2015/0269(COD)
Amendment 179 #
Proposal for a directive
Recital 6
Recital 6
(6) Since brokers provide services similar to those of dealers, they should also be covered by this Directive and should be subject to the same obligations as dealers in all relevant respects.
Amendment 247 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) It is necessary to include minimum requirements for safe storage of firearms in Directive 91/477/EEC. Member States should ensure that any person that lawfully acquires or possesses a firearm is required to take reasonable precautions to ensure that the firearm – and the ammunition for that firearm – is secured from loss or theft and is not accessible to third parties.
Amendment 323 #
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, framechamber, loader, frame, body, receiver, slide or cylinder, bolt or breaech block and any device designed or adapted to diminish the sound caused by firingor other mechanism for containing the pressure of discharge at the rear of the chamber of 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 419 #
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 firearm or partessential component thereof placed on the market: (a) has been marked and registered in compliance with this Directiveprovided with a unique marking, which is clear and permanent; and (b) that marking is registered in compliance with this Directive without delay after manufacture or import into the Union. The Commission shall adopt implementing acts establishing technical specifications for the marking. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13b.
Amendment 481 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall makregulate the pursuit of the activity of dealers or brokers within their territory, making it conditional upon authorisation on the basis of at leastthe following measures: (a) registration of brokers and dealers operating within their territory; (b) licensing or authorisation of the activities of brokers and dealers; (c) a check of the private and professional integrity and of the abilities of the dealer or broker. In the case of a legal person, the check shall be on the legal person and on the person who directs the undertaking.
Amendment 502 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 91/477/EEC
Article 4b
Article 4b
Amendment 529 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) are not likely to be a danger to themselves or others, to public order or to public safety; having been convicted of a violent intentional crime shall be considered as indicative of such danger.
Amendment 552 #
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
Member States shall provide for a standard medical testsised suitability test, consisting of an evaluation of the physical and cognitive abilities and the psychological well-being of the person concerned, for issuing or renewing authorisations as referred to in paragraph 1 and shall withdraw authorisations if any of the conditions on the basis of which it wasthey were granted is no longer met.
Amendment 572 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
Without prejudice to the first subparagraph of this paragraph, Member States may establish or maintain a system of monitoring on a continuous or periodic basis.
Amendment 576 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States shall withdraw the authorisations referred to in paragraph 1 if any of the conditions laid down in this Article is no longer met.
Amendment 585 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
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 special cases for reasons of national security and defence the competent authorities may grant strictly limited authorisations for such firearms and ammunition where this is not contrary to public security or public order.
Amendment 608 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Member States may authorise bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established to keep in their possession firearms classified in category A acquired before [the date of entry into force of this Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b), provided that effective measures are in place to avoid any risk to public security or public order and provided that the firearms concerned are stored with a level of security proportionate to the risks associated with unauthorised access to such firearms. Member States shall establish a register of all such authorised bodies and of the firearms in their possession classified in category A.
Amendment 645 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
Member States may permit strictly limited exemptions from the prohibition of firearms classified in category A7 for reasons of sport training and competitions upon application from a recognised sport shooting organisation and following positive opinion from a national sport shooting federation.
Amendment 699 #
Proposal for a directive
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Directive 91/477/EEC
Article 10 b a (new)
Article 10 b a (new)
(8a) The following Article is inserted: "Article 10ba Member States shall establish rules on the proper storage of firearms and ammunition to ensure that they are kept under supervision and stored in a secure way such as to minimise the risk of their being accessed by unauthorised persons. Firearms and their ammunition shall not be readily accessible together. Supervision in such cases shall mean that the person possessing the firearm or the ammunition has control over them and shall include, as a minimum, storage in a safe box when the firearm or ammunition is not in use. The level of scrutiny for the storage arrangements shall correspond to the category of the firearm concerned."
Amendment 710 #
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 purpose of the efficient application of this Directive, the competent authorities of the Member States shall exchange information on the authorisations granted for the transfers of firearms to another Member State as well as information with regard toby electronic means via a data-exchange platform or interoperable data-exchange platforms, including, without limitation, information on the structure of their computerised data-filing systems as referred to in Article 4(4) with a view to enabling their interconnection with other existing instruments concerning: (a) their application of Articles 5 and 6; (b) authorisations granted for the transfer of firearms to another Member State; and (c) refusals to grant authorisations as definedprovided for in Article 7.
Amendment 769 #
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 with automatic mechanismwith one or more of the following characteristics: (a) allowing the user to fire more than 11 rounds without reloading, if a magazine with a capacity exceeding 10 cartridges is connected to the firearm; (b) having a magazine holding more than 10 rounds; (c) long, but capable of being reduced to a length of less than 60cm without losing functionality, notably by means of a folding or telescoping stock or by a stock that can be removed without using tools;
Amendment 785 #
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 a (new)
Annex I – part II – point A – category A – point 8 a (new)
8a. Any firearm under category A which has been converted into a salute and acoustic weapon.
Amendment 800 #
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
(ii) in category B, point 7 is deleted.replaced by the following: "7. Semi-automatic firearms for civilian use which resemble weapons with automatic mechanisms and which are not included in category A."
Amendment 805 #
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 under category B which has been converted to a salute and acoustic weapon."
Amendment 807 #
Proposal for a directive
Article 1 – point 13 – point a – point ii b (new)
Article 1 – point 13 – point a – point ii b (new)
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7 b (new)
Annex I – part II – point A – category B – point 7 b (new)
(iib) in category B, the following point is added: "7b. Firearms classified in points 1 to 7 of category A after having been deactivated."
Amendment 816 #
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. Alarm and signal weapons, salute and acoustic weapons as well as replica and reproduction firearms;
Amendment 818 #
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 a (new)
Annex I – part II – point A – category C – point 5 a (new)
5a. Any firearm under this category having been converted to salute and acoustic weapons.