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Example of a recommendation

German Bundestag
14th electoral term

Printed paper 14/ 8886

24. 04. 2002

Recommendation and report
of the Committee on Internal Affairs (4th committee)

a) on the bill introduced by the Federal Government
- printed paper 14/7758 -

Draft Act to Reform the Weapons Law

b) on the bill introduced by the Bundesrat
- printed paper 14/763 -

Draft Third Act to Amend the Weapons Act

A. Problem
The weapons law in force is, in terms of its structure and regulatory content, complicated, difficult to understand, and does not cover all the relevant issues. The new Weapons Act, which takes into account both the interests of public safety and the concerns of law abiding users, and the transfer of the provisions on the technical safety of weapons and ammunition from the previous Weapons Act to a separate Proof Testing Act, aim to improve the transparency and applicability of both regulations, and to make them easier to understand. Moreover, the misuse of weapons is to be further restricted, including spray devices and blank cartridge weapons, which are often used to commit crimes.
B. Solution
Within the framework of an `article law', a new version of the Weapons Act is to be introduced (Article 1), the provisions on the technical safety of weapons and ammunition are to be transferred to a separate Proof Testing Act (Article 2), and the necessary adaptations are to be made to regulations in other laws relating to the weapons law (Articles 3 to 16); attention is drawn in particular to the adaptation of the War Weapons Control Act (Article 3) and the Federal Hunting Act (Article 15).

The new Weapons Act primarily regulates the private acquisition, possession and use of weapons; this is followed by provisions relating to manufacturers, dealers and other commercial usage. Separate provisions have been created for each of the main user groups, such as target shooters, hunters, persons who are at risk and collectors. This Act aims to curb the misuse of weapons by tightening the fitness criteria which weapons owners must meet, introducing a so called minor firearms certificate for spray devices and blank cartridge weapons, and extending the ban on the misuse of dangerous knives.


The Committee on Internal Affairs of the German Bundestag has decided to supplement or amend the bill with regard to the following points:


With a view to improving the transparency of the Weapons Act, a more explicit reference is made to the requirements of the "minor“ firearms certificate for carrying spray devices and blank cartridge weapons. In addition, provision is made for a special obligation to be imposed on weapons dealers to indicate the need for such a certificate and to keep records when selling such firearms.


... (there follows an overview of the other major amendments and additions)


1. Adoption of the Federal Government's bill, printed paper 14/7758, as amended by the Committee, with the SPD, CDU/CSU and Alliance 90/The Greens parliamentary groups voting in favour, and the FDP and PDS parliamentary groups voting against.

2. Adoption of a motion for a resolution, with the SPD and Alliance 90/The Greens parliamentary groups voting in favour, the CDU/CSU parliamentary group voting against, and the FDP and PDS parliamentary groups abstaining.

3. Rejection of the Bundesrat's bill, printed paper 14/763, with the SPD, Alliance 90/The Greens, FDP and PDS parliamentary groups voting in favour and the CDU/CSU parliamentary group abstaining.

C. Alternatives

None

D. Financial effects on the public budget
1. Budget expenditure excluding cost of execution
None

2. Cost of execution
...
E. Other costs
...

Recommendation for a decision

The Bundestag is recommended to take the following steps:

1) adopt the Federal Government's bill, printed paper 14/7758, in the form enclosed;

2) adopt the following resolution:
...
3) reject the Bundesrat's bill, printed paper 14/763.

Berlin, 24 April 2002

The Committee on Internal Affairs

Ute Vogt (Pforzheim)


Chairperson

Ernst Bahr
Cem Özdemir

Rapporteurs

Ulla Jelpke
Hartmut Koschyk

Rapporteurs

Dr Max Stadler


Rapporteur
Synopsis

showing the draft Act to Reform the Weapons Law
- printed paper 14/7758 -
and the decisions of the Committee on Internal Affairs (4th committee)

Bill   Decisions of the 4th committee
Draft Act to Reform the Weapons Law   Draft Act to Reform the Weapons Law
-   -
The Bundestag has adopted the following law with the consent of the Bundesrat:   The Bundestag has adopted the following law with the consent of the Bundesrat:
Overview of contents   Overview of contents
Article 1 Weapons Act   Article 1 unamended
Article 2 Proof Testing Act   Article 2 unamended
Article 3 Amendment of the War Weapons Control Act   Article 3 unamended
Article 4 Amendment of the Stasi Records Act   Article 4 unamended
    Article 5 Amendment of the Framework Act on Registration
Article 5 Amendment of the Code of Criminal Procedure   Article 6 Amendment of the Code of Criminal Procedure
...   ...
     
     
Article 1   Article 1
Weapons Act   Weapons Act
Overview of contents   Overview of contents
Section 1   Section 1
General provisions    
§ 1 Subject and purpose of the Act, definitions   unamended
§ 2 Principles relating to the handling of weapons or ammunition, list of weapons    
§ 3 Handling of weapons or ammunition by children and young persons    
Section 2   Section 2
Handling of weapons or ammunition   Handling of weapons or ammunition
Subsection 1   Subsection 1
General requirements for firearm and ammunition authorizations   unamended
§ 4 Requirements for an authorization    
§ 5 Fitness    
§ 6 Personal suitability    
§ 7 Specialized knowledge    
§ 8 Good cause, general principles    
§ 9 Substantive restrictions, additional conditions and orders    
...   ...
Quelle: http://www.bundestag.de/htdocs_e/legislat/sub/comrex1
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