Publication at the JORF of 28 March 1999
Decree No. 99-240 of 24 March 1999
Order Respecting the Marketing Conditions for Certain Objects Appearing Like Firearms
Consolidated version as at 28 March 1999 - Initial JO version
The Prime Minister,
On the report of the Keeper of the Seals, Minister of Justice, Minister of the Interior, Minister of Defense and Minister for the Economy, Finance and Industry,
Having regard to Directive 98/34 / EC of the European Parliament and of the Council of 22 June 1998 laying down technical standards and regulations and the letter received on 28 May 1997 from the French Government to the Commission of the European Communities;
Having regard to the Criminal Code, in particular Articles 121-2, 131-41 and R. 610-1;
Having regard to the Consumer Code, and in particular Article L. 221-3;
Having regard to the opinion of the Committee on Consumer Safety of 2 July 1997;
The Council of State (Finance Section) heard,
The offering, offering for sale, sale, free distribution or the making available, for consideration or without charge, of new or second-hand articles having the appearance of a firearm intended for launching projectiles When they develop at the mouth an energy greater than 0,08 joule and less than or equal to 2 joules, are regulated under the conditions defined by this decree.
The sale, distribution to minors free of charge or the making available to them for consideration or free of charge of the products referred to in Article 1 of this decree are prohibited.
The indication of the energy expressed in joules developed by the products referred to in Article 1 of this decree must appear on both the product, its packaging and the instructions for use which must be attached.
The packaging and the instructions for the use of the products referred to in Article 1 of this Decree must indicate, in legible, visible and indelible characters, the two mentions: Distribution prohibited to minors and Attention: never direct the shot towards a no one.
Shall be punished with the penalty of fine provided for contraventions of the 5th class:
1° The fact of selling, distributing gratuitously to minors, making available to them free of charge or onerous the products referred to in Article 1 of this decree ;
2° The fact of offering to sell, offer for sale, sell, distribute free of charge, make available the products referred to in Article 1 of this Decree free of charge or onerous, disregarding the provisions of Articles 3 And 4 of this Decree.
In the case of a second offense, the penalty for the repetition of the 5th class offense is applicable.
Legal persons may be held criminally liable under the conditions laid down in Article 121-2 of the Criminal Code for the offenses defined in this Article; They shall be liable to the penalty of a fine in accordance with the provisions of Article 131-41 of the same Code.
The Minister of Justice, the Minister of the Interior, the Minister of the Economy, Finance and Industry, the Minister of Defense, the Secretary of State for Small and Medium-Sized Enterprises, Commerce and crafts and the Secretary of State for Industry are each responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Lionel Jospin Prime Minister.
Minister of the Economy, Finance and Industry Dominique Strauss-Kahn, Minister of Justice Élisabeth Guigou, Minister of the Interior Jean-Pierre Chevènement, Minister of Defense Alain Richard, Secretary of State for Small and Medium Enterprises for Trade and Handicrafts Marylise Lebranchu, Secretary of State for Industry Christian Pierret.