16 Amendments of Nils TORVALDS related to 2015/0269(COD)
Amendment 107 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Member States should ensure that an effective system is implemented for monitoring possession of firearm. That system, which could be periodic or continuous, should either be based on medical review, if deemed appropriate, upon the issuance or renewal of an authorisation, or provide for an effective alternative system of continuous monitoring taking into account the risks concerned, and any relevant indications, for example from medical personnel, indicating that the conditions for allowing possession may no longer be met. Where a system of continuous monitoring is used, it may inter alia include for the owner to submit at any time to a check of continued eligibility for possession, and on-site checks of compliance with safe storage requirements.
Amendment 127 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) Certain persons have a legitimate interest in accessing firearms classified in category A, provided that exemptions are granted on a strictly limited basis. These could include, inter alia, national defence, armourers, proof houses, manufacturers, forensic scientists and, in certain cases, those involved in film production, as well as individuals needing firearms for self- defence purposes.
Amendment 151 #
Proposal for a directive
Recital 4
Recital 4
(4) Bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established and holding in theirIn special cases for educational, cultural, research and historical purposes, it should be possible for Member States to choose to authorise persons to acquire and possession firearms and ammunition 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 S, 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 tatke concerned and provided that those firearms have been deactivatedinto account and reflect the specific situation, including the nature of the collection and its purposes.
Amendment 161 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) National defence purposes shall constitute a legitimate purpose for certain persons to acquire and possess firearms classified in category A, 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.
Amendment 190 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The acquisition and possession of firearms should only be permitted if, inter alia, this is done for a legitimate purpose. It should be possible for Member States, whilst not being under any obligation in that regard, to find that the acquisition and possession of firearms for the purpose of, for example, hunting, target shooting, national defence training, various scientific, technical or testing activities and re-enactment of historical events, filmmaking or historical study and collection can constitute a legitimate purpose.
Amendment 253 #
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 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 either between the parties directly on a face-to-face basis, or by way of collecting the firearm, essential component ofr authorisations. It is therefore appropriate to limit the selling of arms and components by means of distance communication, notably internet, to dealers and brokersmmunition at the premises of a dealer, local police station or another reliable body, based on nationally established practices of Member States, which have been proven to be safe and secure. The verification of identity and appropriate licenses of the right to engage in such a transaction shall be done either on a face- to-face basis or through a secure and reliable system, such as electronic verification.
Amendment 415 #
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall not apply to the acquisition or possession of weapons and ammunition, in accordance with national law, by the armed forces, the police, the and public authorities. Nor shall it apply to commercial transfers of weapons and ammunition of war.
Amendment 480 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 4
Article 4 – paragraph 2 – subparagraph 4
Furthermore, Member States shall ensure, at the time of transfer of a firearm from government stocks to permanent civilian use, the appropriate unique marking permitting identification of the transferring government.
Amendment 553 #
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 for issuing or renewing authorisations as referred to in paragraph 1establish a monitoring system based on reliable assessments of future risk of violent behaviour, including, if deemed necessary, medical checks, which may be carried out on a continuous or periodic basis, for the acquisition and possession of firearms, and shall withdraw authorisations if any of the conditions on the basis of which it was granted isthe acquisition or possession was allowed are no longer met.
Amendment 595 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 1
Article 6 – paragraph 1
Without prejudice to Article 2(2), 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. They shall ensure that those firearms and ammunition held in violacontravention of thisat provishibition andre seized.
Amendment 619 #
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 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), in special cases for national defence, educational, cultural, research and historical purposes and without prejudice to the first subparagraph of Article 6, grant strictly limited authorisations for category A firearms and ammunition where this is not contrary to public security or public order.
Amendment 650 #
Proposal for a directive
Article 1 – point 6 a (new)Directive 91/477/EEC
Article 1 – point 6 a (new)Directive 91/477/EEC
Article 6 a (new)
(6a) The following Article is inserted: "Article 6a Except with respect to transfers between dealers and brokers, the selling and acquisition 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 whereby the identities and appropriate licences of the parties can be reliably and securely verified."
Amendment 662 #
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 limitduration of an authorisation shall be set by the Member States, provided that Member States shall not exceed five yearsve implemented a system of continuous monitoring as referred to in the first subparagraph of Article 5(2). The authorisation may be renewed if the conditions on the basis of which it was granted are still fulfilled.
Amendment 749 #
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 6
Annex I – part II – point A – category A – point 6
6. Automatic firearms which have been converted into semi-automatic firearms and which can be reconverted into automatic firearms using conventional tools or simply by the modification or replacement of parts other than essential components, provided that the technical conversion procedure was not previously authorised by a relevant authority of a Member State and provided that the converted firearm in question was inspected and marked;
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 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