Legistation on the fair weapon sale

Permitted to sale:

Only militaria, military vehicles and their parts are eligible for this fair. Weapons on free sale in Belgium, only by authorized dealers and item collectors.
Following the Royal Decree of Mai 8th 2013 there are some chaining made to the Royal Decree of September 20th 1991 concerning sale of historic, folkloristic and decorative weapons (HFD weapons). Therefore sales of these weapons is no more allowed.

Not permitted to sale:

It is also prohibited to sell, exchange or display any item that could lead to racial politics or xenophobia.
ANY COMMERCIAL ACTIVITY OUTSIDE THE ASSIGNED “FAIR” ZONE IS PROHIBITED.
Sale of fireworks and pyrotechnic devices is prohibited.

Legal provisions arms sales.

Stallholders are to abide by the current Belgian legislation concerning the displaying and selling of weapons and inert ammunition.
All Belgian stallholders with a license as arms dealer or arms collectors have to provide the organization with their license number.
The stallholders must be able to give their license as arms dealer or arms collector at the fair.
Only the sale, exchange, display of arms on free sale is allowed and this only by arms dealers or collectors holder of a license to sell these.
For the non Belgian stallholders, the professional arms dealers are only authorized to sell this type of weapons.
Are also prohibited: ammunition in operating condition, casings and projectiles, unless they were made inapt for shooting.
Weapons on free sale in Belgium:

  1. weapons neutralized by banc d’épreuves de Liège some old firearms, using exclusively cartridges with blasting powder and built-in starting who’s model or patent is former to 1890 and manufacture is former to 1945,
  2. old weapons charged by the breech, exclusively with cartridges with blasting powder or cartridges with blasting powder with separated priming,
  3. some firearms of historical interest, using ammunition with gunpowder.
  4. All this, defined by the Royal decrees, as well the factitious weapons, alarm pistols (BEL stamp), flare pistols (if impossible of drawing a cartridge with gas or ball).

Parts not subject to the Legal test in accordance with the Act of May 24, 1888 and its implementing decrees are on free sale (e.g. loaders, initiators, …)
Parts who change the category of the weapon are not on free sale(such as slippery barrel shorter than 60 cm, mechanisms that change a repeating firearm into a semiautomatic weapon, …) Weapon accessories such as chargers, ergonomic handles, compensators, telescopes, optics, lasers, fast chargers, etc are on free sale.
Reload material is on free sale.
All firearms for sale must be submitted to the banc d’épreuves de Liège (Rue Fond-des-Tawes 45, 4000 Liège - tel. +32 4 227 14 55). Foreign traders and foreign private participants must submit their weapons there early enough.
The sellers are required to record the weapons which they sell and to whom. After the show these lists must be returned to the organization. This is to check that private participants are not guilty to arms trade.
Foreign arms dealers and foreign private participants must have for all weapons the necessary import documents.
Foreign arms dealers must first apply for a temporary approval to the governor responsible for the place where it is held.
Foreign buyers must have the necessary documents showing that they can have/ import in their country the weapons they bought.
It is also prohibited to sell, exchange or display any item that could lead to racial politics or xenophobia.

Sales at the fair, in general

Following the Royal Decree of Mai 8th 2013 there are some chaining made to the Royal Decree of September 20th 1991 concerning sale of historic, folkloristic and decorative weapons (HFD weapons). Therefore sales of HFD weapons is no more allowed

Dealers participating in the fair must be approved. Exceptionally based on the law arms dealers with a Belgian certificate may sell freely available weapons outside their permanent residence. The stallholders must be able to give their license as arms dealer or arms collector at the fair.

Foreign traders:

  1. must obtain prior a temporary certification approved by the governor responsible for the place where the stock market (or the first of the exchanges on which they wish to participate) occurs
  2. It is a simple application of the legal definition of dealer. The normal certification procedure is to be followed as far as possible. The opinion of the mayor and the local police will not be meaningful.
  3. The professional examination is not possible. There must be a consulting taken place with the State Security and the region. If the person concerned in his country has been certificated as an arms dealer, this positive element shall be taking in account.
  4. The temporary approval is limited to participation in fairs, possibly several times a year. She is also valid for the participation in fairs organized in other provinces.
  5. There is no exemption from the fee.
  6. Also the foreign traders must be able to provide a copy of their authorization at the fair.

The participating individuals, including therein the collectors, should not be recognized. However, they may sell only occasionally weapons, for non-commercial purpose (meaning weapons purchases to sell them back) or in other words, within the normal management of their heritage. Otherwise they are guilty of arms sales without certification.
Both foreign arms dealers and foreign private participants need to have prior to the exhibition a temporary import license need to have a license for final output of all arms distributed by the region on which they depend. The form and methods of obtaining these permits are the responsibility of the regional services who deliver.
All firearms offered for sale must be submitted to the test bench for firearms in Liège. Foreign traders and private participants has to ere to offer their weapons sufficiently in advance.
Foreign buyers need to have the necessary documents proving that they may have possession of the weapons in their country and may import.
The fairs can be once organized or can be recurring events are organized annually or several times a year.
An arms fair must be distinguished from a gun auction. A fair is a temporary place where buyers and sellers are brought together by an organizer who does not need to sell. An auction is a public place where weapons are sold by auction. This can happen voluntarily or forced.

Import and export obligations

Do you maintain your domicile, permanent residence, or registered office in Belgium and do you intend to trade firearms of historical and/or folkloristic interest or of ornamental design, and their essential components, during an arms fair in Belgium?
All firearms offered for sale need to have been physically presented to the Belgian Proof House, Rue Fond des Tawes 45 in Liege (www.bancdepreuves.be) at least three weeks prior to the opening date of the arms fair. Antique alarm guns that have not been validated by the Proof House may not be offered for sale at the arms fair. In the event that you want to transact such a weapon or an essential component thereof to a third party with domicile, permanent residence, or registered office outside of the Benelux, this transfer must be registered into the permanent-bound registration book that you are required to maintain as an exhibitor at a Belgian arms fair, this in keeping with the currently valid Belgian federal regulations. In it, you need to note down the following two elements:

  1. On the left-hand page, the data of the weapon you wish to transfer and / or of its essential component (category, type, make, model, caliber, and serial number).
  2. On the right-hand page, the data pertaining to the weapon’s purchaser and its country of destination.

After the fair, you need to hand over a copy of these pages relevant to the fair in question to the fair organizer. The latter will pass on this copy to the Strategic Goods Control Unit. Conversely, you may wish to provide the Strategic Goods Control Unit with this copy yourself. The Strategic Goods Control Unit’s address

Flemish Department of Foreign Affairs
Strategic Goods Control Unit
Boudewijnlaan 30 – b80, 1000 Brussels
T: +32 (0)2 553 61 71 – F: +32 (0)2 553 60 37
csg@iv.vlaanderen.be
www.vlaanderen.be/csg

Aside from the matter of registration, you will further be asked to remind the recipients of the weapons transferred by you of their possible obligations with regard to the import of firearms into the country of destination.

Are you of foreign provenance (not domiciled in Belgium) and do you wish to import arms of historical and/or folkloristic interest and of ornamental design, and essential components thereof, into Belgium for the purpose of exhibiting, offering them to the public, and selling them at an arms fair?

Prior to the arms fair

When you are importing firearms or any of their essential components into Belgium, you need not only to have fulfilled the Belgian import and export legislative regulations but likewise the provisions in force inside the country of origin of the weapons in question, also in cases of import for the purpose of exhibiting the items in casu during fairs. To satisfy control requirements in this regard, it shall be incumbent on you to provide the organizer of the fair in Belgium to which you wish to import said goods, at least four weeks prior to the opening date of the said arms fair, with a copy of the (temporary) transfer of the arms export license issued by the competent export authority within the country of provenance. In the event that the authorities within the country of provenance do not require a license for this kind of transfer, you will need to provide the organizer of the fair with an official document from which it is evidenced that such a document is, in fact, not required. In case you are not able to provide the organizer of the fair with the required document in due time, you may send it up to one week prior to the opening of the arms fair directly to the Strategic Goods Control Unit (see its address data at the bottom right of this page).

Flemish Department of Foreign Affairs
Strategic Goods Control Unit
Boudewijnlaan 30 – b80, 1000 Brussels
T: +32 (0)2 553 61 71 – F: +32 (0)2 553 60 37
csg@iv.vlaanderen.be
www.vlaanderen.be/csg

In order to ensure your compliance with the Belgian legislative import and export regulations, you need to draw up, at the latest four weeks prior to the opening of the fair, a list of all weapons and essential components you wish to exhibit or to trade, and this on the basis of the document that was sent to you, and to forward this document in digital form to the fair organizer, with mention of category, type, make, model, caliber, and serial number of the items obtaining. The fair organizer will pass this list on to the Strategic Goods Control Unit. Conversely, you may wish to personally forward this list directly to the Strategic Goods Control Unit via e-mail.
On the basis of this list, the Strategic Goods Control Unit, in collaboration with the Belgian Proof House in Liege, will evaluate the exact nature of the weapon. Subsequently, and at least one week prior to the opening date of the fair, you are required to physically present the firearms in casu to the said Proof House on Rue Fond des Tawes 45 in Liege (www.bancdepreuves.be). Antique alarm guns that have not been validated by the Proof House may not be offered for sale at the fair. Provided there are valid reasons for doing so, non-substantial changes to the list may be made up to maximum one week prior to the arms fair opening date. In case you are during the fair selling arms for a commercial purpose, you will also be required to present a copy of your temporary accreditation as an arms dealer that you have received from the governor of a Belgian province.
On the basis of your submission of the afore-mentioned documentation, you will be allowed to temporarily transfer into Belgium the firearms or essential components mentioned on the list within the context of the arms fair in question. The arms fair organizer, who will be acting as your representative for the administrative processing of the transaction, will to that effect be issued by the competent minister with a temporary import and re-export license. You yourself will receive a document that lists all of the weapons whose transfer is allowed, plus a letter by which you will engage yourself, by virtue of your signature on it, to remain in compliance with the registration requirement in question. It goes without saying that you yourself will remain responsible for what concerns the arms themselves and for the correctness of the information you did communicate in that regard.
The firearms or essential components for which you have not submitted an export licence or another official document, and that were not included on the list that you handed to the Strategic Goods Control Unit, or that were not approved by the Belgian Proof House, will not be entered on that document. This means that you will not be allowed to import these weapons into Belgium and to show or offer or transact them during the arms fair.

During the arms fair

During the arms fair, you need to register each and every transfer of ownership of a firearmof historical and/or folkloristic interest or of ornamental design, or an essential component thereof, to a third party into the permanent-bound registration book which you, as a participant and exhibitor at a Belgian arms fair, need to maintain in keeping with the valid Belgian federal regulations obtaining. You need to note down the following  two elements:

  1. On the left-hand page, the data of the weapon you wish to transfer and / or of its essential component (category, type, make, model, caliber, and serial number);
  2. On the right-hand page, the data of the purchaser and the country of destination for the weapon.

After the fair,

you need to hand over a copy of these pages relevant to the fair in question to the fair organizer. Either the latter will pass on these pages to the Strategic Goods Control Unit or you may wish to provide the Strategic Goods Control Unit with these pages yourself.
And, finally, aside from the matter of registration, you will further be asked to remind the recipients of the weapons transacted by you and who maintain their domicile, permanent residence, or their registered office outside of the Benelux, of their possible obligations with regards to the import of firearms into the country of destination.
These obligations are of an imperative nature. Although the administrative processing will be carried out primarily by the organizer of the arms fair, the responsibility for compliance with said obligations rests with the participating arms dealers and private individuals in casu. Hence, you yourself remain personally responsible for the weapons themselves, for compliance with, and the fulfillment of, any possible export and re-import obligations within your country of provenance and the import and export obligations valid within Belgium, including the registration of the afore-mentioned transactions.