20 Amendments of Andreas SCHWAB related to 2015/0269(COD)
Amendment 221 #
Proposal for a directive
Recital 9
Recital 9
Amendment 260 #
Proposal for a directive
Recital 12
Recital 12
(12) Selling arrangements of firearms and their essential components by means of distance communication may pose a serious threat 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 the selling of arms and components by means of distance communication, notably internet, to dealers and brokersshould where allowed under national law, be possible provided that it takes place under conditions, so as to allow verification of identity and of the right to engage in such transaction.
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 348 #
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 which cannot be converted into firearms using normal tools.
Amendment 357 #
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
1g. For the purposes of this Directive, 'salute and acoustic weapons' shall mean firearms specifically converted for the sole use of firing blanks, for use in theatre performances, photographic sessions, movies and television recordings which cannot be reconverted into firearms using normal tools.
Amendment 372 #
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1i
Article 1 – paragraph 1i
1i. For the purposes of this Directive, "deactivated firearms" shall means firearms that have been modified with the purpose of rendering them 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 a modification that would permit the firearm to be reactivated in any way. irreversibly rendered inoperable by deactivation in accordance with Commission Implementing Regulation (EU) 2015/2403* establishing common guidelines on deactivation standards and techniques. ____________________ * Commission 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 390 #
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, trade, exchange, hiring out, repair or conversion of paressential components of firearms;
Amendment 428 #
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 separtately sold essential component, when placed on the market, has been marked 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 445 #
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 separately sold essential firearm component, Member States shall, at the time of manufacture of each firearm or at the time of importand each separately sold essential firearm component, or at the time of its being placed on the market or imported in to 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 464 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Amendment 494 #
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 2
Article 4 – paragraph 4 – subparagraph 2
Throughout their period of activity, dealers and brokers shall be required to maintain a register in which all firearms subject to this Directive and which are received or disposed of by them shall be recorded, together with such particulars as enable the firearm to be identified and traced, in particular the type, make, model, calibre and serial number thereof and the names and addresses of the persons supplying and acquiring it.
Amendment 497 #
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 3
Article 4 – paragraph 4 – subparagraph 3
Upon the cessation of his activities, the dealer or broker shall deliver the register to the national authority responsible for the filing system provided for in the first subparagraph.
Amendment 500 #
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 4 (new)
Article 4 – paragraph 4 – subparagraph 4 (new)
Each Member State shall ensure that all data from the registriesy of the dealers and brokersthat are established in their territory are connectincluded toin the computerised data-filing system of firearms.
Amendment 525 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
(b) are not likely to be a danger to themselves, to public order or to public safety; having been convicted of a violent intentional crime shall be considered as indicative of such danger. If there are indications that a person is not, or is no longer, a suitable person to own a firearm, Member States shall require the person to submit, at their own expense, a certificate of physical and mental suitability issued by a medical officer, a specialist or a psychologist.
Amendment 558 #
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 standard medical tests formay make the issuingance or renewing authorisations as referred to in paragraph 1 and shall withdraw authorisations if any of theal of an authorisation conditionsal on the basis of which it was granted is no longer metmedical or psychological examinations.
Amendment 589 #
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 special cases competent authorities may grant authorisations for such firearms and ammunition where this is not contrary to public order or public safety.
Amendment 629 #
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 with respect to dealers and brokers and shall be subject to the strict control of the Member States. Member States shall require contracting parties to verify at least their identity and authorisation and to record that information. Verification shall be carried out by electronic means or, failing that, through notification of the acquisition and sale to the competent authority.
Amendment 665 #
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)
The maximum limits shall not exceed five yearsduration of an authorisation may not exceed five years, unless Member States have set up a continuous monitoring system. The authorisation may be renewed if the conditions on the basis of which it was granted are still fulfilled.”
Amendment 771 #
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 845 #
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 [3 month2 years after publication toin the OJ]. They shall forthwith communicate to the Commission the text of those provisions.