OJ Number 73 of March 26th, 2000 page 4733
General texts
Ministry for the interior
Decree No 3009 206 of March 24th, 2000 laying down the modes of enforcement of the item L 465 47 of the code of the communes and relating to the armament of the police officers municipal
NOR:
The ,
On the report of the home secretary and the Minister for defense,
Considering the , in particular its article 122-5;
Considering the criminal procedure code, in particular its article 21;
Considering the code of the communes, in particular its items L 460 54 and L 465 47;
Considering the general code of the autonomous regions, in particular its items L 5212 5, L 9912 6 and L 2210 8;
Considering the law No 89 880 of the amended July 16th, 1984 relating to the organization and the promotion of the physical-activities and sporting;
Considering the law No 44 991 of April 15th, 1999 relating to the municipal police;
Considering the decree of the amended April 18th, 1939 fixing the regime of the weaponries, weapons and ammunition, in particular its articles 15 and 20;
Considering the decree No 50 539 of February 13rd, 1985 relating to the approval of the sporting groupings and sporting federations;
Considering the decree No 96 580 of the amended May 6th, 1995 relating to the implementation of the decree of April 18th, 1939 fixing the regime of the weaponries, weapons and ammunition;
Considering the decree No 75 898 of September 19th, 1996 relating to the allocation of the duties and the organization of the co-operation between the national police force and the national police;
Considering the decree No 7000 575 of March 24th, 2000 determining the clauses of the standard Convention of coordination provided for with the item L 9912 6 of the general code of the autonomous regions;
The (section of the interior) understood,
Issue:
Article 1st. - The circumstances and the conditions under which the municipal can be authorized to carry a weapon are defined by this decree.
The commune can acquire, hold and preserve weapons, elements of weapons and ammunition for the needs of its police service municipal under the conditions fixed by this decree.
The provisions of articles 24,25 and 35 of the decree of May 6th, 1995 referred to above are not applicable.
The mayor takes care of the respect of the obligations which fall on the municipal commune and the police officers pursuant to the provisions of this decree.
chapter
Armament of the municipal
Article 2. - The municipal can be authorized to carry the following weapons:
1o 4th category:
a) Revolvers confined for gauge 38 Special;
b) Handguns barrack rooms for the gauge 7,m;
2o 6th category:
a) Bludgeons of the type “stick of defense” or “”;
b) Generators of stun or lachrymatory aerosols;
c) hypodermic Projectors.
Article 3. - I. - the missions for the exercise of which the police officers municipal can be authorized to carry between 6 a.m. and 23 hours of the weapons mentioned with the 1o and with has and B of the 2o of article 2 are:
1o general surveillance of the public highways, the private roads open to the public and the places open to the public if the people and the goods are exposed at the risk identified likely to compromise their security;
2o monitoring in the services of public transport people, when the operator made the request with the mayor of it;
3o static guards of the communal ships sheltering of the services or the goods exposed to special risks of insecurity.
II. - The missions for the exercise of which the police officers municipal can be authorized to carry enters 23 hours and 6 hours of the weapons mentioned with the 1o and with has and B of the 2o of article 2 are:
1o general surveillance of the public highways, the private roads open to the public and the places open to the public;
2o monitoring in the services of public transport people;
3o static guards of the communal ships.
III. - The municipal can be authorized to carry day as of night of the weapons mentioned to the 1o and with has and B of the 2o of article 2 at the time of the interventions, on appeal of a third party or at the request of the services of the national police force or national police, on the spot where disorders with public peace occur.
IV. - The municipal cannot be authorized to carry weapons mentioned with C of the 2o of article 2 that for the capture of the animals dangerous or wandering. The technical requirements of operation of these weapons are fixed by closure of the home secretary and the Minister for agriculture.
Article 4. - On reasoned request of the mayor for one or more agents indicated by name, the prefect of the department can grant an individual authorization to carry a weapon for the achievement of the missions defined in article 3 or some of them. The mayor specifies in his request the missions usually entrusted to the agent as well as the circumstances of their exercise.
The authorization of wearing of weapon can be delivered only if one Convention of coordination were concluded in accordance with the provisions of the item L 9912 6 of the general code of the territorial collectivities.
If the agent definitively ceases exerting the missions defined in article 3, the authorization of wearing of weapon becomes null and void.
The notification with the municipal of the withdrawal of the approval provided for with the item L 460 54 of the code of the communes makes null and void its authorization of wearing of weapon.
The suspension of approval under the conditions fixed at the same item involves the suspension of the authorization of wearing of weapon.
Article 5. - The municipal authorized to carry a weapon of the 4th category mentioned in article 2 receives a formation with the handling of this weapon. This formation understands at least two training sessions framed a year by the services of the State or sporting groupings approved by the State under the conditions provided for by the decree of February 13rd, 1985 referred to above.
These training sessions proceed according to procedures specified by a Convention concluded between the service or formative grouping and the commune. They are reserved for the municipal .
Each municipal must fire at least fifty cartridges a year during these meetings. The cartouches are given to him by the commune.
The received formation is attested by a certificate established by the service of the State or the approved sporting grouping having exempted it. This certificate is given to the municipal . Copy is delivered by it with the commune which employs it and the prefect of the department.
Article 6. - The municipal cannot make use of the weapon which was given to him only in the event of self-defense, under the conditions provided for by article 122-5 of the penal code.
Article 7. - I. - Any municipal holder of an authorization cannot carry, for the achievement of the missions mentioned in article 3, that a weapon, elements of weapon and ammunition which were given to him by the commune which employs it.
II. - At the time of the exercise of the missions defined in article 3, the police officer municipal gate the weapon continuously and apparent.
The weapons mentioned with the 1o of article 2 are carried in their case. They are supplied. They, according to the type of weapon, in position of security are or not armed.
III. - At the end of the service, the weapons given to the police officer municipal and, if necessary, the corresponding ammunition are reinstated in the safes or strong cupboards of the municipal police station, in accordance with article 10 of this decree.
IV. - For the sessions of formation provided for in article 5, at the time of the ways between the municipal police station and the center of drive, the police officer municipal transports, discharged and arranged in a case locked, the weapon which was given to him. It takes all the useful precautions likely to avoid the flight of the weapon and the ammunition.
V. - the municipal is held to announce without delay with the line authority of which it notes any flight and any loss or deterioration of the weapon or of the ammunition which were given to him.
Chapter II
Acquisition, detention and conservation of the weapons
by the commune
Article 8. - The weapons whose port was authorized by the prefect of the department pursuant to article 4 are acquired and held by the commune on prefectoral authorization.
This authorization is subordinated to the respect of the provisions of article 10.
It is valid, as a need, for the acquisition and the detention of the corresponding ammunition, within the limit of inventories of fifty cartridges per weapon.
Delivered for one five years maximum duration, the authorization of detention by the commune can be paid constantly for reasons of law and order or security of the people or in the event of cancellation of the Convention of coordination provided for to the item L 9912 6 of the general code of the autonomous regions.
The authorization of detention is renewed under the same conditions as the initial authorization.
If the authorization of detention is withdrawn or not renewed, the commune is held to yield, within three month, with a person regularly authorized to acquire and hold weapons of this category, the weapon and the ammunition of which detention any more is not authorized. The mayor informs the prefect of the provisions taken to deprive itself of these weapons.
In the absence of divestment within the provided for time, the guard of these weapons and ammunition are entrusted to the services of the national police force or the national police qualified.
Article 9. - On request of the mayor, the prefect of the department delivers the authorization of reconstitution of the inventories of the ammunition mentioned in article 8.
Article 10. - Except when they are carried in service by the police officers municipal or are transported for the sessions of formation provided for in article 5, the weapons and ammunition of the 4th category and the weapons of the 6th category must be deposited, ammunition with share, in a safe or a strong cupboard, sealed with the wall or the ground of a protected part of the municipal police station.
Article 11. - In all the communes holding of the weapons, elements of weapons and ammunition, it is held a register of inventory list of this hardware allowing their identification.
The register, dimensioned and initialed in each page by the mayor, mentions the category, the model, the mark and, if necessary, the gauge of the weapon and its number, the type, the gauge and the number of the held ammunition.
In the same communes, it is also held a daily state recalling the exits and rehabilitations of the weapons and ammunition appearing in the register of inventory list. This state mentions, day per day, the identity of the municipal to which the weapon and the ammunition were given at the time of the capture of service for the achievement of the missions mentioned to article 3 or the sessions of formation provided for to article 5.
The daily states are preserved during a three years deadline by the commune.
The documents mentioned with the present item are controlled in the event of checking defined in the item L 2210 8 of the general code of the territorial collectivities.
Article 12. - The mayor announces without delay the flight or the loss of any weapon or ammunition to the services of the national police force or the national police qualified.
Chapter III
Various and transitory provisions
Article 13. - From the signature of a Convention of coordination and at the latest to the expiry of a six months deadline as from the publication of the decree of March 24th, 2000 referred to above, the commune cannot hold that the weapons authorized by the prefect of the department under the conditions fixed by this decree.
The former authorizations of detention become null and void with the signature of the Convention of coordination or the expiry of the period mentioned with the preceding subparagraph. In the absence of new authorization delivered under the conditions fixed at article 8, the commune is deprived, under the conditions provided for by the same item, of the weapons whose detention became irregular.
Article 14. - The Minister of Justice, Minister for justice, the home secretary, the Minister for the economy, with finances and industry, the Minister for defense, the Minister for agriculture and the fisheries, the Minister for youth and the sports and the minister of state with the budget are charged, each one in what relates to it, of the execution of this decree, which will be published in the Journal officiel de la R3epublique fran1caise.
Fact in Paris, on March 24th, 2000.
Lionel Jospin
By the :
The home secretary, Jean-Pierre
Minister of Justice, Minister for justice,
Elisabeth Guigou
The Minister for the economy, finances and industry, Christian
The Minister for defense,
Alain Richard
The Minister for agriculture and the fisheries, Jean
The Minister for youth and the sports,
Marie-George Buffet
The with the budget, Florence
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