Question 17065 — weapons

Summary

Mr. Julien Limongi questions the Minister of the Armed Forces and Veterans on the legal classification of ancient cannons. The MP draws his attention to the situation of historical cannons whose age and clearly obsolete technology should lead to their recognition as elements of national heritage and their integration into the category of historical and collector's weapons. He was in fact seized by several collectors and heritage players, to whom the services of the Directorate General of Armaments (DGA) indicated that all old military cannons, whether authentic or reproductions intended exclusively to produce sound effects during historical reconstructions, would fall into category A2-4°. This interpretation results in indiscriminately classifying “fire hydrants” dating from the 13th to the 19th century in the same category as state-of-the-art artillery systems such as the CAESAR guns currently in service. Such a position not only appears incoherent in view of the existing technological difference (in particular between a Gribeauval cannon and a CAESAR cannon), but it also poses heavy legal uncertainties for museums, historical monuments and heritage sites exhibiting these old pieces. Indeed, war material cannot remain classified forever in category A2 or have to be neutralized, unless we consider a Roman galley equipped with ballistae as comparable to a nuclear aircraft carrier equipped with stealth planes and electromagnetic cannons. Furthermore, this interpretation seems to contradict Commission Directive (EU) 2021/1047 of March 5, 2021, which excludes expressly, in point ML2, note 2, point c), “cannons, howitzers, artillery pieces and mortars manufactured before 1890” from the list of defense-related products considered as weapons. This exclusion was transposed into domestic law by the decree of March 20, 2018 amending the decree of June 27, 2012 relating to the list of war materials and similar materials subject to prior export authorization and products related to defense subject to prior authorization of transfer. Strangely, the DGA bases its position on the provisions of article L. 2331-1 of the defense code as well as articles L. 311-2 and L. 311-3 of the internal security code, although these texts expressly provide that weapons of war of a model prior to 1900 and war materials of a model prior to 1946 (for the latter the armament has been neutralized) in principle fall into category D, in free detention. However, if it can be justified to demand the neutralization of 20th century weapons, this demand seems meaningless when it is extended indiscriminately to nearly seven centuries of old weapons. The same logic should apply to replicas of black powder cannons, which meet the criteria of category D, paragraph f), as long as these cannons reproduce the appearance exterior and the operating principles of models prior to January 1, 1900, that they are designed for the exclusive use of black powder, are loaded through the muzzle and do not present a dangerous nature comparable to contemporary equipment. Especially since the report of Mr. Senator Gérard César of 2010, commissioned by the Prime Minister, contained a “Proposal No. 7: harmonize the classification of cannons in order to that towed cannons can be legally held by collectors” and that, following this, in parliamentary question no. 12683, we could read: “an order from the Ministry of Defense providing for the declassification of some of this equipment into category D is being drawn up” and “the list of equipment concerned may include models of towed cannons”. He asks her if she intends to give instructions clear to the DGA in order to order it to adopt a pragmatic, proportionate, intelligible, realistic approach and consistent with the spirit of the texts, or finally issue a decree resolving the issue by classifying on the one hand, all authentic old cannons prior to 1900 in category D, paragraph k) and their replicas in category D, paragraph j), and on the other hand, all neutralized cannons prior to 1946 in the category D, paragraph k), and those on the complementary list in category D, paragraph j), thus providing legal security for collectors, re-enactors, local authorities, museums and heritage stakeholders.

Machine translation from French. The official text remains authoritative.

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