1887

Model law against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, second revised edition

image of Model law against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, second revised edition
It is hoped that the Model Law, as revised, remains a useful and practical voluntary tool, to facilitate the provision of legislative assistance to Member States, as well to guide policy makers, legal advisors and legislators, who wish to review or amend their domestic legal framework or adopt new legislation in a manner consistent with the Firearms Protocol and other relevant regional and international instruments, and will promote and facilitate international cooperation in preventing and combating criminal activity relating to firearms. The model legislative provisions contained in the Model Law are not meant to be transposed as such, but require careful consideration and customization to the specific domestic legal system in which they are supposed to operate.

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Criminal offences: offences specific to deactivated firearms

The application of the following provisions will depend on whether a State has deactivation standards in place that require a firearm to be rendered permanently inoperable (as is consistent with the general principles of deactivation stipulated by the Protocol, article 9, subparagraph (a)) and thus incapable of reactivation or conversion into a firearm (and effectively destroyed); or whether it has deactivation standards in place that do not require the firearm to be rendered permanently inoperable, but which contemplate reactivation of the deactivated firearm or conversion into a functioning firearm. Although the latter form of deactivation is not consistent with the general principles of deactivation stipulated by the Protocol, it is acknowledged that, in practice, some States dohave deactivation standards that contemplate reactivation of the firearm. As noted in the commentary following the definition of “Manufacture” (draft article 4, subparagraph (m), of this Model Law), where a State has deactivation standards in place that do not require deactivated firearms to be rendered permanently inoperable, but which contemplate the reactivation of a deactivated firearm, the term “manufacture” should be defined to include “reactivation” so that the provisions of chapter III would apply to any reactivation of a firearm and any unauthorized reactivation would constitute “illicit manufacturing” in accordancewith draft article 31 of this Model Law.

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