20 Amendments of Lambert van NISTELROOIJ related to 2015/0269(COD)
Amendment 113 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The definition of the term "firearm" should be clarified and the control of essential components enhanced by including in the definition any device converted to firing blanks which shares an essential component with a firearm. An essential component contained in any such device should be considered capable of being used in a firearm when the essential component can be transferred from that device to the firearm without substantial modification.
Amendment 122 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) The Commission should review Commission Implementing Regulation (EU) 2015/24031a immediately upon the entry into force of this Directive, in order to adapt that Regulation to this Directive, address identified deficiencies in that Regulation and take account of experience gained in the application of that Regulation. ____________________ 1aCommission Implementing Regulation (EU) 2015/2403 of 15 December 2015 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable (OJ L 333, 19.12.2015 p. 62).
Amendment 146 #
Proposal for a directive
Recital 4
Recital 4
(4) Bodies concerned with the cultural and historical aspects of weaponsIt should be possible for Member States to choose to authorise persons dedicated to the gathering, study and conservation of firearms and associated artefacts for historical, cultural, scientific, technical, educational, aesthetic or heritage purpose and recognised as such by the Member State in whose territory they are established and holding in theirto possession firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation by the Member State concerned and provided that those firearms have been deactivated. , provided that those persons demonstrate, prior to being granted authorisation, that they have taken the necessary measures to address any risks to public security or safety, including by way of secure storage. Any such authorisation should take into account and reflect the specific situation, including the nature of the collection and its purposes.
Amendment 204 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensurincrease the traceability of deactivatedfirearms and essential components and to facilitate their firearms, they should be registered in national registriese 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 at the time of their being manufactured, imported or otherwise placed on the market, unless the firearm has been deactivated in accordance with that Directive.
Amendment 230 #
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 255 #
Proposal for a directive
Recital 12
Recital 12
(12) Selling arrangements of firearms and their components by means of distance communication may pose a serious threat to security asMarketing of firearms, parts and ammunition by means of the internet or other means of distance communication, for example by way of online auction catalogues or classified advertisements, and they arranging of a sale more difficult to control than the conventional selling methods, especially as regards the on line verification of the legality of authori other transaction by means of, for example, telephone or email should, where allowed under national law, be possible provided that the actual handing over takes place on a face-to-face basis, so as to allow verification of identity and of the right to engage in such a transactions. It is therefore appropriate to limit the selling of arms and components by means of distance communication, notably internet, to dealers and brokersThe handing over can be either between the parties directly, or by way of collecting the firearm, essential component or ammunition at the premises of a dealer, local police station or another body authorised under the national law of the Member State concerned.
Amendment 283 #
Proposal for a directive
Recital 13
Recital 13
(13) Furthermore, to avoid the risk of alarm weapons and other types of blank firing weapons being converted to real firearms is high, and in some of the terrorist acts converted arms were used. It is therefore essential to address the problem of converted firearms being used in criminal offences, notably by including them in the scope of the Directive. Technical specifications for alarm and signal weapons as well as for salute and acoustic weapmanufactured in a way that enables them to be converted into real firearms, technical specifications should be adopted in order to ensure that they cannot be converted into firearms.
Amendment 314 #
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 347 #
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1f
Article 1 – paragraph 1f
1f. For the purposes of this Directive, "alarm and signal weapons" shall mean portable devices with a cartridge holder having a gas exit to the front, aside or on the top, which are specifically designed and constructed for the purpose of raising alarm or sending a signal and which are only designed to fire blanks, irritants, other active substances or pyrotechnic ammunition and are not capable of being converted to expel a shot, bullet or projectile by the action of a combustible propellant.
Amendment 353 #
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1g
Article 1 – paragraph 1g
Amendment 426 #
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 partessential component, when placed on the market, has been marked 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 538 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States shall establish rules on appropriate safe storage of firearms, essential components and ammunition, including when under transport. Member States shall lay down particularly high requirements for secure storage with respect to firearms or ammunition classified in category A.
Amendment 562 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/447/EEC
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Member States shall provide for standard medical testestablish a monitoring system that may include medical checks, which can be carried out on a continuous for issuing or renewing authorperiodic basis, for the acquisaitions as referred to in paragraph 1nd possession of firearms, and shall withdraw authorisations if any of the conditions on the basis of which it wasthey were granted is no longer met.
Amendment 602 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Member States may authorise bodieschoose to grant strictly limited authorisations to legal or natural persons dedicated to the gathering, study and concserned with the cultural and historicvation of firearms and associated artefacts for historical, cultural, scientific, technical, educational, aspects of weaponesthetic or heritage purposes 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 beforfor firearms and ammunition classified in category A, provided that such persons demonstrate [the date of entry into force of this Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b)at measures are in place to address any risks to public security or public order and that the firearm or firearms concerned are stored with a level of security proportionate to the risks associated with unauthorised access to such firearms.
Amendment 649 #
Proposal for a directive
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
Directive 91/477/EEC
Article 6 a (new)
Article 6 a (new)
(6a) The following Article is inserted: "Article 6a Except with respect to transfers between dealers and brokers, the handing over of firearms and their essential components and ammunition following a transaction 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 subject to strict control by the Member States and allowed only if it takes place under conditions allowing for verification of the identities of the parties and of their right to complete the transaction."
Amendment 765 #
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
Amendment 784 #
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 794 #
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 813 #
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 827 #
Proposal for a directive
Article 1 – point 13 – point a – point iii a (new)
Article 1 – point 13 – point a – point iii a (new)
Directive 91/477/EEC
Annex I – part II – point A – category D
Annex I – part II – point A – category D