European Firearms Directive

European Firearms Directive
Council Directive of 18 June 1991 on control of the acquisition and possession of weapons
Citation 91/477/EEC
Enacted by Council of the European Communities
Date enacted 18 June 1991
Date commenced 17 October 1991
White paper Completing the internal market
Amendments
Directive 2008/51/EC of the European Parliament and of the Council of 21 May 2008 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons

Directive (EU) 2017/853 of the European Parliament and of the Council of 17 May 2017 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons
Status: In force

The European Firearms Directive is a law of the European Union which sets minimum standards regarding civilian firearms acquisition and possession that EU Member States must implement into their national legal systems.

The Member States are free to adopt more stringent rules, which leads to differences in the extent of law abiding citizens' access to firearms within different EU countries - see Gun laws in European Union countries.

Directive No. 91/477/EC

EU Single Market
  Non-EU states that participate with exceptions
Schengen borderless area
  EU member states participating
  EU member states not participating but obliged to join
  EU member states with an opt-out
  non-EU member states participating
  non-EU member states de facto participating
  non-EU member states with an open border

The 1985 White Paper on completion of the internal market (by the European Commission) stressed that the absence of border checks must not provide an incentive to buy arms in countries with less strict legislation. This goal was to be reached by approximation of the countries' national legislation on firearms.[1]

Prior to abolition of the internal border controls under the Schengen Agreement, the Council of the European Communities adopted the Directive 91/477/EEC, which was later, in 2008, amended by Directive 2008/51/EC. As a Directive, it is not a self-executing norm, but a legislative act which requires Member State to achieve a particular result without dictating the means of achieving it. Member States must meet the minimum requirements laid down by the directive, but may also elect to adopt more stringent rules.[2] Certain countries such as the United Kingdom are thus unaffected as they have maintained more stringent gun control laws than those effectively set as a minimum by the European Union, while others, like the Czech Republic, were forced to introduce more regulation in their national legislation.

The original Directive No. 91/477/EC was adopted in 1991 on the background of abolition of intra-Community frontiers. It aimed at partial approximation of national legislation that would prevent passing possession of firearms from one Member State to another, unless it is done according to rules established by the Directive. At the same time, the Directive introduced European Firearms Pass that would allow hunters and target shooter to move between the Member States without unnecessary impediments.[3] Generally, a person with valid European Firearms Pass traveling to or through other Member States may be in possession of one or more firearms during that journey, provided that they are in possession of a European firearms pass listing such firearm or firearms and provided that they are able to substantiate the reasons for their journey, in particular by producing an invitation. That, however, does not apply to a journey through Member States that have more stringent laws and generally prohibit such firearms within their territory.[4]

The Directive was without prejudice to any national provisions concerning carrying of weapons, hunting or target shooting[5] and allowed Member States to adopt more stringent rules.[6] The Directive introduced A-B-C-D categories of firearms (see below) with different rules pertaining to their acquisition.[7] Under the Directive, national laws were to allow acquisition of A and B category firearms only subject to authorization,[8] while C category firearms were subject to registration.[9]

Handing over of firearm to a person from different country was to be allowed only subject to written declaration of authorization of such transfer by the country of residence of the acquiree.[10]

The Directive also bound Member States to intensify controls on external Community frontiers in order to prevent supply of black market firearms into the Community.[11]

Amending Directive No. 2008/51/EC

Following the signing of the United Nations Protocol on the illicit manufacturing of and trafficking in firearms, their parts, components and ammunition, annexed to the Convention against transnational organised crime, the European Council and Parliament noted the need to amend the existing firearms directive in order to bring European legislation in line with the UN Protocol rules.[12]

Further reasons for amendment included increase in the use of converted weapons within the Community, bringing distance (internet) purchases of firearms within the scope of authority of the Directive and better tracing of firearms.[13]

The directive required Member States to enact legislation that would require marking and registration of any firearm or essential part placed on the market and to establish national computerized data-filing system concerning registration.[14]

The Directive also placed a set of specific duties on the European Commission:

Firearm categorization prior to 13 June 2017

Firearm category Designation Minimum standard required
Category A
- Prohibited firearms		 1. Explosive military missiles and launchers.
2. Automatic firearms.
3. Firearms disguised as other objects.
4. Ammunition with penetrating, explosive or incendiary projectiles, and the projectiles for such ammunition.
5. Pistol and revolver ammunition with expanding projectiles and the projectiles for such ammunition, except in the case of weapons for hunting or for target shooting, for persons entitled to use them.		 In general, the firearms are prohibited, authorization to acquire and possession may be possible only in special cases.[19]
Category B
- Firearms subject to authorization		 1. Semi-automatic or repeating short firearms.
2. Single-shot short firearms with centre-fire percussion.
3. Single-shot short firearms with rimfire percussion whose overall length is less than 28 cm.
4. Semi-automatic long firearms whose magazine and chamber can together hold more than three rounds.
5. Semi-automatic long firearms whose magazine and chamber cannot together hold more than three rounds, where the loading device is removable or where it is not certain that the weapon cannot be converted, with ordinary tools, into a weapon whose magazine and chamber can together hold more than three rounds.
6. Repeating and semi-automatic long firearms with smooth-bore barrels not exceeding 60 cm in length.
7. Semi-automatic firearms for civilian use which resemble weapons with automatic mechanisms.		 Acquisition and possession allowed only
  • to persons who have good cause, are older than 18 (or younger in case of hunters and sport shooters) and are not likely to be a danger to themselves, to public order or to public safety.[20]
  • subject to prior authorization.[21]
Category C
- Firearms subject to declaration		 1. Repeating long firearms other than those listed in category B, point 6.
2. Long firearms with single-shot rifled barrels.
3. Semi-automatic long firearms other than those in category B, points 4 to 7.
4. Single-shot short firearms with rimfire percussion whose overall length is not less than 28 cm.		 Acquisition and possession allowed only
  • to persons who have good cause, are older than 18 (or younger in case of hunters and sport shooters) and are not likely to be a danger to themselves, to public order or to public safety and[20]
  • subject to registration.[22]
Category D
- Other firearms		 Single-shot long firearms with smooth-bore barrels. Acquisition and possession allowed only to persons older than 18.[20]

Amending Directive (EU) 2017/853

Legislative procedure

2015 European Commission Amendment Proposal

The European Commission proposed a package of measures aimed to "make it more difficult to acquire firearms in the European Union" on 18 November 2015,[23] which became known as the "EU Gun Ban".[24][25][26][27] President Juncker introduced the aim of amending the European Firearms Directive as a Commission's reaction to a previous wave of Islamist terror attacks in several EU cities. The main aim of the Commission proposal rested in banning B7 firearms (and objects that look alike).

Opponents point out that no such firearm has previously been used during commitment of a terror attack in EU. Of 31 terror attacks committed in the EU in the years preceding the Commissions proposal, 9 were committed with guns, the other 22 with explosives or other means (truck in Nice). Of these 9, 8 cases made use of either illegally smuggled or illegally refurbished deactivated firearms (for which the European Commission didn't enact any rules, despite being tasked to do so in the Directive No. 2008/51/EC, see above) while during the 2015 Copenhagen shootings a military rifle stolen from the army, was used.[28]

Impact assessment

Contrary to EU law making rules, the European Commission didn't present an impact assessment for the proposed amendment Directive. One was prepared by the Czech Ministry of Interior, according to which the main impacts of the proposed Directive amendment, if accepted, would be:[29]

  • Risks to internal security due to possible transfer of legal firearms into illegality and potentially black market, into hands of criminals and terrorists, as many owners would refuse to surrender their firearms.
  • Risk to defensive capabilities due to crippling of firearms manufacturing and possible move of small arms factories abroad.
  • Threat to national culture due to destroying of private collectors and museums owned firearms.
  • Rise of unemployment connected with crippling of legal firearms manufacturing and trade.
  • Impact on hunting due to restrictions of semi-automatic rifles, leading to rise in animal-car accidents and connected damages, injuries and deaths.
  • Impact on state budget due to combination of having to pay up to tens of billions Czech crowns (billions of Euros) as compensation for banned firearms and rise in unemployment

The European Commission proposal, if adopted, would have the following effect:[30][29]

In the proposal, the European Commission suggested that the Amendment includes Article 10b, which would bind the Commission to issue common deactivation standards[34] as it was ordered to do in the 2008 Directive (see above)[35] and which the Commission issued on 19 December 2015.[32] Meanwhile, poorly deactivated firearms, alongside smuggling from third countries, became one of major sources of black market guns used by criminals and terrorists in Europe, having been used in 2016 Munich shooting, killing spree in Charlie Hebdo, France and 2015 Thalys train attack.[36]

2016 Dutch Presidency reworked amendment proposal

Dutch EU Presidency proposed banning all semi-automatic pistols, most semi-automatic rifles, such as the pictured vz. 52 rifle (left). Netherlands further proposed making muzzle loading firearms, such as the pictured 16th century musket (right), subject to same rules as modern firearms.

The Dutch EU Presidency introduced 2nd reworked version of the amendment proposal on 4 April 2016. Apart from taking over all of Commission's proposals, Netherlands went further with proposing, among other things, a total ban on all semi-automatic firearms capable of being fitted with a magazine with more than six rounds, i.e. all pistols and most existing semi-automatic rifles.[29]

Three weeks later, the Dutch presidency introduced a third version of the amendment proposal. This time Netherlands proposed, on top of EU Commission proposal, to ban self-loading firearms that have a magazine with more than 20 rounds attached, as well as ban such magazines themselves. According to Czech Ministry of Interior Impact Assessment it would make a total chaos in firearms categorization (i.e. a firearm would be B category when a 15 round magazine is inserted, and A category a second later after inserting a different, larger magazine) as well as vagueness, as it allowed also interpretation that all firearms that might potentially accept a larger than 20 rounds magazines might be themselves banned. The Impact Assessment further pointed out that millions of now legally owned standard capacity magazines could be expected to flow into the black market. Moreover, such firearms could be owned only for hunting and sporting purposes, having crippling effect in countries where self defense is prevailing reason for firearm possession, such as the Czech Republic. In order to appeal to some disagreeing countries (Finland, Lithuania, Estonia, Switzerland), the proposal now included special exemptions for firearms possessions by militia members.[29]

The Dutch Presidency proposed to remove the entire D category of firearms and move the firearms into C category, i.e. making for example muzzle loaders subject to same rules as firearms.[37]

LIBE and IMCO EP Committees amendment proposals

The amendment proposal was introduced at the European Parliaments' Committee on Civil Liberties, Justice and Home Affairs (LIBE) and Committee on Internal Market and Consumer Protection (IMCO). Its members slammed the proposal as "unworkable". According to IMCO chair Vicky Ford, the Commission proposal "was poorly worded and we need to make sure that the legislation is practicable."[38]

This led to filing of over 900 proposals for changes to the Commission amendment proposal.[38]

Trilogue final proposal

Trilogue is a process of closed-door meetings between selected representatives of European Commission, Council and Parliament, that leave no publicly available papertrail as regards decision making of EU legislation. It usually ends in first reading legislation approval in Parliament with no public political debate.[39]

Instead of going through the standard process of up to three rounds of debate and amendment between the Council and the Parliament, the Firearms Directive Amendment proposal entered the Trilogue.

COREPER

The European Council's position on the issue was negotiated through Committee of Permanent Representatives (COREPER). In a leaked "non-paper" that was sent to other countries' representations shortly before the November 30, 2016 meeting, the Permanent Representation of France to the EU pointed out that France, Germany, Italy and Spain consider the following as particularly essential goals:[40][41][42]

On 20 December 2016, the COREPER, which included a representative of Switzerland (the rules extend to the country due to its membership of Schengen Area) reached a majority decision in favor of the proposed amendment. Only two countries opposed: Luxembourg, which would prefer more firearm restrictions, and the Czech Republic which, while supporting the initial goal of combating illicit firearms trade, opposes any toughening of rules for law abiding citizens.[43]

The Czech Republic further lodged a declaration of reservations which was published by the Czech Ministry of Interior. According to the declaration key elements of the proposal are inappropriate in substance and legally unclear and sometimes disproportionate. It further included regrets over unclear, unnecessary, overbroad and injudicious prohibitions of some semi-automatic firearms which may "cause transfer of significant portion of firearms that are held legally now into illegal ownership or even black market and thus increase their availability to terrorists and criminals". The Czech Republic also stated concern about last minute changes to the proposal about which the Member States were not informed in advance and thus could not properly evaluate their impact.[44]

The COREPER version was closer to the second Dutch proposal (third reworked version) than to original Commission version.[43]

IMCO
Under 2015 Commission proposal, "A" category firearms, such as this museum owned WW2 ZB.26, would need to be destroyed or deactivated,[31]

On 26 January 2017, IMCO Committee accepted the COREPER amendment proposal by majority of 25 to 9 votes. Among those that did not support the proposal were all four Czech committee members.[45] According to Vicky Ford, the IMCO negotiators amended the proposal to defend the interests of legal owners and close some loopholes, especially on poorly deactivated firearms. Ford commented that she would prefer a version that would not include magazine limitations, however she accepted it as it was of extreme importance to some countries.[46]

Shadow rapporteur Dita Charanzová said that she has never in her career met a proposal that would be this much politicised, with the Commission exercising extreme pressure especially by the end of the negotiations. Charanzová said that, since first proposing the amendment in 2015, the Commission had not presented an Impact Assessment, although it is required by its own legislative rules and although she had asked for it numerous times. She further asked the Commission what it had done with over 28,000 inputs gained during public consultation phase, but to no avail. Further, representatives of the Commission would often bring last minute changes to meetings they couldn't justify - at one point trying to answer her objection "with a definition taken from Wikipedia". Charanzová also noted the rise of anti-EU sentiment connected with the proposal.[47]

Mylène Troszczynski filed a minority opinion on behalf of the ENF, according to which the legislation "seeks only to restrict the civil liberties of blameless citizens in their efforts to acquire and possess firearms".[48]

European Parliament Vote

The European Parliament voted on the proposal during its session on 14 March 2017.

There were altogether 164 proposals for amendments filed by MEPs that sought to change the text negotiated in the Trialogue.[48] However, under the Rules of Procedure of the European Parliament Art. 53(3), any provisional agreement reached in the Trialogue under Art 69f(4) "shall be given priority in voting and shall be put to a single vote".[49] MEP Dita Charanzová put forward a motion on behalf of the ALDE Group that would allow voting on the MEPs' proposals for changes, arguing that the plenary "has never had the opportunity to take the position on this important text as it was negotiated directly by the Committee, therefore I ask all my colleagues to vote in favor of this request which would simply allow all members to express their opinions". Vicky Ford then argued that these amendments had been debated in the Committee, discussed with the Council and ultimately rejected by the Member States. She argued that adopting the amendments would "destabilize the entire agreement", throwing away "all the hard work" and "success that the Parliament has had in improving the text". Charanzová's proposal was rejected by unknown margin, as, according to chair "the vote was absolutely clear for everyone to see, there is no point in having a check" with no record of number of votes cast being made.[50] [51]

The Parliament passed the proposal by 491 to 178 margin after 4 minutes and 50 seconds with no public debate.[50]

EU Parliament vote on the European Firearms Directive Amendment
- Trialogue version (14 March 2017)[52]		 Number of votes
Present Yay Nay Abstained
Vote to reject the proposal 699 123 562 014
Vote to allow voting on amendments Unknown Unknown Unknown Unknown
Vote to adopt the proposal 697 491 178 028

European Council vote

European Council approved the proposal by majority vote on 25 April 2017. The Czech Republic, Luxembourg and Poland voted against the proposal.

Publishing

The Directive was published under No. (EU) 2017/853 on 17 May 2017 in the Official Journal. Member States will have 15 months to implement the Directive into their national legal systems.

Content

Gun ban

Under the 2017 Directive, certain firearms formerly classified as B category firearms are newly reclassified as A category firearms and thus they are banned for certain classes of civilians. These are:

  • converted semi-automatic firearms, i.e. automatic firearms, which have been converted into semi-automatic firearms[53]
    • This ban will affect especially countries where converted former government surplus firearms are popular for home defense or hunting, such as the Czech Republic.[29]
    • During the drafting of Directive, the ban was contested due to the fact that up to 2017 Directive, there were no records of which firearms were newly made semi-automatic ones and which were converted to semi-automatic from government surplus select fire firearms (for example vz.58 are offered in both variants, with the only practical difference to end user being double price of those not falling under the ban).[29]
  • standard capacity magazines possession by legal gun owners[54]
    • The 2017 Directive prohibits legal gun owners from possessing a loading device with capacity of more than 21 rounds in case of short firearms (pistols) and more than 11 rounds in case of long firearms (rifles). If inserted into a given class firearm, the legal gun owner should lose authorization to acquire and possess a B category firearm.[55]
    • The Directive does not include any penalty for possession of such loading device by a person other than a B category firearm authorization holder.[56]
    • During the drafting of Directive, standard capacity magazines for semi-automatic rifles were either 20 (for 7.62x51 ammo typical in Switzerland) or 30 rounds (for 7.62x39 or 5.56x45 typical in most of the EU).[29]
    • The ban was labeled as unenforceable due to a very large number of standard capacity magazines in circulation. Moreover, certain magazines may be inserted into both short and long firearms, or may accept various types of ammunition with differing capacity count for each.[29]
  • personal defense weapons (PDW), i.e. semi-automatic long firearms (firearms that are originally intended to be fired from the shoulder) that can be reduced to a length of less than 60 cm without losing functionality by means of a folding or telescoping stock or by a stock that can be removed without using tools[57]
    • This category of firearms is especially popular for home defense in countries like the Czech Republic.
  • theater and re-enactment firearms (i.e. those firing blanks, irritants, other active substances or pyrotechnic rounds or salute or acoustic weapons) if they originated by conversion from an A category firearm[58]
    • Protests against this part of Directive included military reenactment societies conducting parts of reenactment battles armed with brooms and bananas instead of blank firing guns.[59]

The Directive, however, includes several exemptions that Member States may enact and under which the above mention banned firearms may either remain in possession of existing owners or may be acquired by new owners:

  • sport shooters, who may acquire and possess converted semi-automatic firearms and standard capacity magazines (not PDW), subject to:[60]
    • a satisfactory assessment of conditions of authorization, including relevant medical and psychological information; and
    • provision of proof that the target shooter concerned is actively practising for or participating in shooting competitions recognised by an officially recognised shooting sports organisation of the Member State concerned or by an internationally established and officially recognised shooting sport federation; and
    • provision of a certificate from an officially recognised shooting sports organisation confirming that (i) the target shooter is a member of a shooting club and has been regularly practising target shooting in it for at least 12 months and (ii) the firearm in question fulfils the specifications required for a shooting discipline recognised by an internationally established and officially recognised shooting sport federation.
  • Swiss Militiamen[61], who may keep their service rifles if converted to semi-automatic only (their PDW as well as standard capacity magazines are however not exempt from the ban) and if they fulfill the same conditions as the sport shooters (above)[62]
  • collectors, who may gain "in individual special cases, exceptionally and in a duly reasoned manner, authorisations to acquire and possess" A category firearms;[63]
  • museums[64] and dealers[65], subject to strict conditions regarding security
  • others for security purposes (i.e. protection of the security of critical infrastructure, commercial shipping, high-value convoys and sensitive premises, as well as for national defence, educational, cultural, research and historical purposes) "subject to authorization given in individual cases, exceptionally and in a duly reasoned manner"[66]
  • existing owners of firearms acquired and registered before 13 June 2017 (converted semi-auto firearms, standard capacity magazines, PDW, not theater or reenactment firearms).[67]

Deactivated firearms

European Commission has been tasked to enact rules for proper deactivation of firearms under the Directive No. 2008/51/EC of 21 May 2008[68] and did so on 19 December 2015 through Regulation No. (EU) 2015/2403.[32] While the Regulation was adopted to ensure that deactivated firearms may not be refurbished to function again, the 2017 Directive set forth that possession of A and B category firearms deactivated under the Regulation shall be subject to same rules as possession of live C category firearms.[69]

Exchange of information

Under the 2017 Directive, the Commission is tasked to provide a system for exchange of information between Member states on the authorisations granted for the transfer of firearms to another Member State and information with regard to refusals to grant authorisations as provided for in Articles 6 and 7 on grounds of security or relating to the reliability of the person concerned.[70]

Monitoring of gun owners, authorization limitation

Member states shall have in place a monitoring system to ensure that the conditions of authorisation set by national law are met throughout the duration of the authorisation and, inter alia, relevant medical and psychological information is assessed. In case conditions of authorization are not met, the State shall withdraw the authorisation.[71]

Authorization for possession of firearms be shall be reviewed periodically in intervals not exceeding 5 years and renewed or prolonged if conditions of its granting are still met.[72]

Directive review

The Commission shall by 14 September 2020 and then periodically every 5 years submit a report on the Directive and propose further changes.[73]

Firearms categorization

Firearms categorization underwent a general overhaul.

Firearm category Designation Minimum standard required
Category A
- Prohibited firearms		 1. Explosive military missiles and launchers.
2. Automatic firearms.
3. Firearms disguised as other objects.
4. Ammunition with penetrating, explosive or incendiary projectiles, and the projectiles for such ammunition.
5. Pistol and revolver ammunition with expanding projectiles and the projectiles for such ammunition, except in the case of weapons for hunting or for target shooting, for persons entitled to use them.
6. Automatic firearms which have been converted into semi-automatic firearms, without prejudice to Article 7(4a).
7. Any of the following centre-fire semi-automatic firearms: (a) short firearms which allow the firing of more than 21 rounds without reloading, if: (i) a loading device with a capacity exceeding 20 rounds is part of that firearm; or (ii) a detachable loading device with a capacity exceeding 20 rounds is inserted into it; (b) long firearms which allow the firing of more than 11 rounds without reloading, if: (i) a loading device with a capacity exceeding 10 rounds is part of that firearm; or (ii) a detachable loading device with a capacity exceeding 10 rounds is inserted into it.
8. Semi-automatic long firearms (i.e. firearms that are originally intended to be fired from the shoulder) that can be reduced to a length of less than 60 cm without losing functionality by means of a folding or telescoping stock or by a stock that can be removed without using tools.
9.Any firearm in this category that has been converted to firing blanks, irritants, other active substances or pyrotechnic rounds or into a salute or acoustic weapon.		 In general, the firearms are prohibited, authorization to acquire and possession may be possible only in special cases.[19]
Categories 6 through 9 added in 2017 - special rules to acquisition may apply, see above
Category B
- Firearms subject to authorization		 1. Repeating short firearms.
2. Single-shot short firearms with centre-fire percussion.
3. Single-shot short firearms with rimfire percussion whose overall length is less than 28 cm.
4. Semi-automatic long firearms whose loading device and chamber can together hold more than three rounds in the case of rimfire firearms and more than three but fewer than twelve rounds in the case of centre-fire firearms.
5. Semi-automatic short firearms other than those listed under point 7(a) of category A.
6. Semi-automatic long firearms listed under point 7(b) of category A whose loading device and chamber cannot together hold more than three rounds, where the loading device is detachable or where it is not certain that the weapon cannot be converted, with ordinary tools, into a weapon whose loading device and chamber can together hold more than three rounds.
7. Repeating and semi-automatic long firearms with smooth-bore barrels not exceeding 60 cm in length.
8. Any firearm in this category that has been converted to firing blanks, irritants, other active substances or pyrotechnic rounds or into a salute or acoustic weapon.
9. Semi-automatic firearms for civilian use which resemble weapons with automatic mechanisms other than those listed under point 6, 7 or 8 of category A.’;		 Acquisition and possession allowed only by persons who have good cause and
  • are at least 18 years of age, except in relation to the acquisition, other than through purchase, and possession of firearms for hunting and target shooting, provided that in that case persons of less than 18 years of age have parental permission, or are under parental guidance or the guidance of an adult with a valid firearms or hunting licence, or are within a licensed or otherwise approved training centre, and the parent, or an adult with a valid firearms or hunting licence, assumes responsibility for proper storage pursuant to Article 5a and[20]
  • are not likely to be a danger to themselves or others, to public order or to public safety; the fact of having been convicted of a violent intentional crime shall be considered as indicative of such danger.[20]
    •
  • subject to prior authorization.[21]
Category C
- Firearms subject to declaration		 1. Repeating long firearms other than those listed in point 7 of category B.
2. Long firearms with single-shot rifled barrels.
3. Semi-automatic long firearms other than those listed in category A or B.
4. Single-shot short firearms with rimfire percussion whose overall length is not less than 28 cm.
5. Any firearm in this category that has been converted to firing blanks, irritants, other active substances or pyrotechnic rounds or into a salute or acoustic weapon.
6. Firearms classified in category A or B or this category that have been deactivated in accordance with Implementing Regulation (EU) 2015/2403.
7. Single-shot long firearms with smooth-bore barrels placed on the market on or after 14 September 2018.’		 Acquisition and possession allowed only by persons who have good cause and
  • are at least 18 years of age, except in relation to the acquisition, other than through purchase, and possession of firearms for hunting and target shooting, provided that in that case persons of less than 18 years of age have parental permission, or are under parental guidance or the guidance of an adult with a valid firearms or hunting licence, or are within a licensed or otherwise approved training centre, and the parent, or an adult with a valid firearms or hunting licence, assumes responsibility for proper storage pursuant to Article 5a and[20]
  • are not likely to be a danger to themselves or others, to public order or to public safety; the fact of having been convicted of a violent intentional crime shall be considered as indicative of such danger.[20]
    •
  • subject to registration [20]

Aftereffects

European Court of Justice challenge

"Would you really like nobody legally armed to be anywhere nearby?"
A sticker promoting petition against EU Gun Ban on a lamp post at the National Monument in Vitkov, Prague, Czech Republic.

The Czech Government announced that the country will challenge the proposed amendment Directive in front of the European Court of Justice[74] by 17 August 2017 at the latest due to its impact on legal owners of historical replicas, semi-automatic firearms and standard capacity magazines. According to Ministry of Interior, the Directive will affect law abiding owners of hundreds of thousands firearms and well over a million firearm magazines.[75]

Minister of Interior Milan Chovanec commented: "Filing the suit gives me no pleasure, but there is no other option left. The Directive violates the principle of proportionality as well as prohibition of discrimination. We shall not allow the EU to use the guise of fight against terrorism in order to disproportionately infringe onto the Member States' scope of authority and citizens' rights. The EU Gun Ban would affect almost all of the 300.000 legal gun owners in the country. This is why we will lodge not only the suit to invalidate the Directive, but also propose postponement of Directive's effectiveness."[75] The suit was filed on 9 August 2017.[76]

Czech Constitutional Amendment Proposal

On 15 December 2016, Czech Ministry of Interior introduced a proposal to amend Constitutional Act No. 110/1998 Col., on Security of the Czech Republic expressly providing the right to be armed as part of citizen's duty of participation in provision of internal order, security and democratic order. The proposal aimed at making use of EU Primary Law internal security derogation .[77] Its purpose lays at utilization of already existing specific conditions as regards firearms ownership in the Czech Republic (240.000 people having concealed carry license, high level of ownership of semi-automatic firearms suitable for self-defense as compared to other EU countries) for security purposes, whereby firearms owners should contribute to soft targets protection.[77]

On 6 February 2017, the proposal was lodged by 36 Members of Parliament into legislative process. It must gain support of 3/5 of all Members of Chamber of Deputies and 3/5 of Senators present to be passed. This proposal was approved by the Chamber of Deputies on 28 June 2017 with a solid majority of 139:9 [78]

Swexit referendum

According to Swiss People's Party vice-president Christoph Blocher, Switzerland should consider abandoning EU's borderless Schengen Area if the Swiss people reject the proposed measures in a referendum.[79]

See also

References

  1. ↑ European Commission (14 June 1985), Completing the Internal Market. White Paper from the Commission to the European Council (PDF), Brussels, p. 17
  2. ↑ European Firearms Directive, Art. 3
  3. ↑ Council of European Communities (18 June 1991), COUNCIL DIRECTIVE of 18 June 1991 on control of the acquisition and possession of weapons (91/477/EEC), Luxembourg, recital.
  4. ↑ European Firearms Directive, Art. 12.
  5. ↑ Council of European Communities (18 June 1991), COUNCIL DIRECTIVE of 18 June 1991 on control of the acquisition and possession of weapons (91/477/EEC), Luxembourg, Article 2.
  6. ↑ Council of European Communities (18 June 1991), COUNCIL DIRECTIVE of 18 June 1991 on control of the acquisition and possession of weapons (91/477/EEC), Luxembourg, Article 3.
  7. ↑ Council of European Communities (18 June 1991), COUNCIL DIRECTIVE of 18 June 1991 on control of the acquisition and possession of weapons (91/477/EEC), Luxembourg, Article 1(1).
  8. ↑ Council of European Communities (18 June 1991), COUNCIL DIRECTIVE of 18 June 1991 on control of the acquisition and possession of weapons (91/477/EEC), Luxembourg, Article 6, 7.
  9. ↑ Council of European Communities (18 June 1991), COUNCIL DIRECTIVE of 18 June 1991 on control of the acquisition and possession of weapons (91/477/EEC), Luxembourg, Article 8.
  10. ↑ Council of European Communities (18 June 1991), COUNCIL DIRECTIVE of 18 June 1991 on control of the acquisition and possession of weapons (91/477/EEC), Luxembourg, Article 9.
  11. ↑ Council of European Communities (18 June 1991), COUNCIL DIRECTIVE of 18 June 1991 on control of the acquisition and possession of weapons (91/477/EEC), Luxembourg, Article 15(1)
  12. ↑ European Parliament and the Council (21 May 2008), DIRECTIVE 2008/51/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 May 2008 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons, recital.
  13. ↑ European Parliament and the Council (21 May 2008), DIRECTIVE 2008/51/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 May 2008 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons, recital.
  14. ↑ European Parliament and the Council (21 May 2008), DIRECTIVE 2008/51/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 May 2008 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons, Article 4.
  15. ↑ European Parliament and the Council (21 May 2008), DIRECTIVE 2008/51/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 May 2008 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons, Article 17.
  16. ↑ European Parliament and the Council (21 May 2008), DIRECTIVE 2008/51/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 May 2008 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons, Article 17.
  17. ↑ European Parliament and the Council (21 May 2008), DIRECTIVE 2008/51/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 May 2008 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons, Article 17.
  18. ↑ European Parliament and the Council (21 May 2008), DIRECTIVE 2008/51/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 May 2008 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons, Annex 1.
  19. 1 2 European Firearms Directive, Art. 6
  20. 1 2 3 4 5 6 7 8 European Firearms Directive, Art. 5
  21. 1 2 European Firearms Directive, Art. 7
  22. ↑ European Firearms Directive, Art. 8
  23. ↑ "European Commission strengthens control of firearms across the EU". European Commission. Retrieved 2016-12-04.
  24. ↑ "Finland seeks exception from EU gun ban". Reuters. Retrieved 2017-03-09.
  25. ↑ "EU Gun Ban : Intervention Suisse à Bruxelles". ASEAA. Retrieved 2017-03-09.
  26. ↑ "Trilog schließt die Verhandlungen zum "EU-Gun ban"". Firearms United. Retrieved 2017-03-09.
  27. ↑ "Gun lobby stirs to life in Europe". Politico. Retrieved 2017-03-09.
  28. ↑ "Le B7? Mai usate!". armietiro.it. Retrieved 2016-12-04.
  29. 1 2 3 4 5 6 7 8 9 "Analýza možných dopadů revize směrnice 91/477/EHS o kontrole nabývání a držení střelných zbraní". Czech Ministry of Interior. Retrieved 2016-12-04.
  30. ↑ European Commission (18 November 2015), Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons (PDF)
  31. 1 2 European Commission (18 November 2015), Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons (PDF) article 6
  32. 1 2 3 European Commission (19 December 2015), COMMISSION IMPLEMENTING REGULATION (EU) 2015/2403 of 15 December 2015 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable Recital, paragraph 2
  33. ↑ "Právo: EU's planned arms directive is nightmare for Czech museums". Prague Daily Monitor. Retrieved 2017-03-09.
  34. ↑ European Commission (18 November 2015), Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons (PDF)
  35. ↑ European Parliament and the Council (21 May 2008), DIRECTIVE 2008/51/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 May 2008 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons, Annex 1.
  36. ↑ "Slovakia was a gun shop for terrorists, crooks" (in Czech). Slovak Spectator. 3 August 2016. Retrieved 5 March 2017.
  37. ↑ "Then they came for the muzzleloaders: EU moves to regulate black powder guns due to terrorism". Guns.com. Retrieved 2017-03-05.
  38. 1 2 "Parliament slams Commission's 'unworkable' gun law proposals". Parliament Magazine. Retrieved 2017-03-05.
  39. ↑ "Where European democracy goes to die". Politico. Retrieved 2017-03-05.
  40. ↑ "Non-paper on the revision of Council directive 91/477/EEC on control of the acquisition and possession of weapons". Permanent Representation of France to the EU. Retrieved 2017-03-12.
  41. ↑ "Odpověď na žádost o informace [Answer to information request under the Freedom of Information Act]". Ministry of Interior of the Czech Republic. Retrieved 2017-03-12.
  42. ↑ "Jak to chodí v Bruselu [The way it is done in Brussels]". Ministry of Interior of the Czech Republic. Retrieved 2017-03-12.
  43. 1 2 "EU states reach difficult compromise on firearms". Euractiv. Retrieved 2017-03-05.
  44. ↑ "Declaration of the Czech Republic on the Proposal for a Directive of the European Parliament and of the Council amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons". Government of the Czech Republic. Retrieved 2017-03-05.
  45. ↑ "Committee on the Internal Market and Consumer Protection: Result of roll-call votes of 26 January 2017" (PDF). IMCO. Retrieved 2017-03-05.
  46. ↑ "Control of the acquisition and possession of weapons: extracts from the vote and statement by Vicky FORD (ECR, UK)". European Parliament. Retrieved 2017-03-05.
  47. ↑ "EU Gun Ban: Dita Charanzová speaks out to Firearms United". Firearms United. Retrieved 2017-03-05.
  48. 1 2 European Parliament (2017), REPORT on the proposal for a directive of the European Parliament and of the Council amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons, Brussels, retrieved 23 April 2017
  49. ↑ European Parliament (2017), Rules of Procedure of the European Parliament, Brussels, retrieved 23 April 2017
  50. 1 2 European Parliament (2017), Plenary session - sitting of 2017-03-14 (video coverage), Brussels, retrieved 23 April 2017
  51. ↑ European Parliament (2017), A8-0251/2016 CRE 14/03/2017 - 6.4 Debates Tuesday, 14 March 2017 - Strasbourg 6.4. Control of the acquisition and possession of weapons (A8-0251/2016 - Vicky Ford) (vote), Brussels, retrieved 23 April 2017
  52. ↑ Video coverage - Sitting of 2017-03-14
  53. ↑ Directive (EU) 2017/853, Art. 19(b)(ii)(6.)
  54. ↑ Directive (EU) 2017/853, Art. 19(b)(ii)(7.)
  55. ↑ Directive (EU) 2017/853, Art. 5(3)
  56. ↑ Directive (EU) 2017/853, Art. 5(3) a contrario
  57. ↑ Directive (EU) 2017/853, Art. 19(b)(ii)(8.)
  58. ↑ Directive (EU) 2017/853, Art. 19(b)(ii)(9.)
  59. ↑ "Proti regulaci zbraní bojovali milovníci vojenské historie s košťaty v ruce [Reenactors fight against firearms regulation with broomsticks in hands]" (in Czech). novinky.cz. 20 May 2017. Retrieved 11 June 2017.
  60. ↑ Directive (EU) 2017/853, Art. 6(6.)
  61. ↑ The Directive does not refer to Swiss Militiamen per se, it refers to: "As regards firearms classified in point 6 of category A, Member States applying a military system based on general conscription and having in place over the last 50 years a system of transfer of military firearms to persons leaving the army after fulfilling their military duties may grant to those persons, in their capacity as a target shooter, an authorisation to keep one firearm used during the mandatory military period. The relevant public authority shall transform those firearms into semi-automatic firearms and shall periodically check that the persons using such firearms do not represent a risk to public security. The provisions set out in points (a), (b) and (c) of the first subparagraph shall apply." There is no other country with similar system existing in the EU.
  62. ↑ Directive (EU) 2017/853, Art. 6(6.)
  63. ↑ Directive (EU) 2017/853, Art. 6(3.)
  64. ↑ Directive (EU) 2017/853, Art. 6(5.)
  65. ↑ Directive (EU) 2017/853, Art. 6(4.)
  66. ↑ Directive (EU) 2017/853, Art. 6(2.)
  67. ↑ Directive (EU) 2017/853, Art. 7(b)(4a.)
  68. ↑ Directive No. 2008/51/EC Annex 1
  69. ↑ Directive (EU) 2017/853, Annex 1
  70. ↑ Directive (EU) 2017/853, Article 14(4)
  71. ↑ Directive (EU) 2017/853, Article 5(2)
  72. ↑ Directive (EU) 2017/853, Article 7(4)
  73. ↑ Directive (EU) 2017/853, Article 17
  74. ↑ "Napadneme evropskou směrnici, která chce lidem vzít zbraně, řekl Chovanec [Chovanec said: We will challenge the European Directive that aims at taking away people's ability to be armed.]". Euractiv. Retrieved 2017-03-07.
  75. 1 2 "ČR podá žalobu proti směrnici EU o zbraních [CR will file suit against he European Firearms Directive]". Ministry of Interior. Retrieved 2017-06-14.
  76. ↑ "Czechs take legal action over EU rules on gun control". Reuters. Retrieved 2017-08-10.
  77. 1 2 Ministry of Interior (2016), Proposal of amendment of constitutional act no. 110/1998 Col., on Security of the Czech Republic (in Czech), Prague, retrieved 16 December 2016
  78. ↑ 36 Members of Chamber of Deputies of the Parliament of the Czech Republic (2017), Proposal of amendment of constitutional act no. 110/1998 Col., on Security of the Czech Republic (in Czech), Prague, retrieved 12 February 2017
  79. ↑ "Swiss tell EU: Hands off veterans' assault rifles". Reuters. Retrieved 2017-03-12.


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