Controls on weapons purchases and possession

KEY POINTS

The directive sets outs the categories of weapons whose acquisition and possession by private individuals will have to be either:

• prohibited (category A); or
• subject to authorisation (category B); or
• subject to declaration (category C).

Where firearms have been legally acquired and possessed in accordance with the directive, national rules on carrying, hunting or shooting should apply.

Marking and registration

EU Member States must:

• ensure that all firearms manufactured in or imported into the EU on or after 14 September 2018 bear a clear, permanent and unique marking and are registered in Member States’ data-filing systems;
• carry out strict checks on the activities of dealers and brokers;
• set up a computerised, centralised or decentralised data filing system, guaranteeing authorised access to the data-filing systems;
• ensure that data relating to firearms, including related personal data (governed by Regulation (EU) 2016/679 — see summary), are kept by the competent authorities in the data-filing system for a period of 30 years after the destruction of the firearms or essential components in question.
• Implementing Directive (EU) 2019/68, establishes technical specifications for the marking of firearms and their essential components under Council Directive 91/477/EEC on control of the acquisition and possession of weapons.

Tracing

Arms dealers and brokers must keep a register including:

• a record of all entries and exits in relation to each firearm;
• data enabling the identification and tracing of the firearm.

Arms dealers and brokers based in a Member State must report transactions involving firearms to the competent national authorities without undue delay.

Acquisition and possession of weapons

• Member States may only permit the acquisition and possession of firearms by persons who have been issued with a licence or, for category C firearms, by persons who are specifically allowed to acquire or possess such firearms in accordance with national law.
• Acquisition and possession of firearms is only permitted for persons who:
  • have a valid reason and who have reached the age of 18 (except for hunting and sport shooting where parental authorisation is required); or
  • are not likely to present a danger to themselves or others, public order or public safety.
• Member States may grant category A authorisations to marksmen and sportsmen for some prohibited semi-automatic firearms, as well as to recognised museums and, in exceptional and duly substantiated cases, to collectors, in accordance with strict security measures.
• Authorisations must be reviewed at least every 5 years.

Deactivation

• The directive includes deactivated firearms because of the high risk of reactivating those improperly deactivated firearms. Deactivated firearms are classified in category C.
• The deactivation of firearms must be checked by a competent authority.
• Implementing Regulation (EU) 2015/2403 establishes common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable.

Converted weapons

Because of the high risk of conversion into lethal firearms, the directive also applies to:

• salute and acoustic weapons (firearms specifically converted for the sole use of firing blanks, irritants, other active substances or pyrotechnic rounds);
• alarm and signal weapons (weapons which are designed to fire only blanks, irritants, other active substances or pyrotechnic signalling rounds, but which may be converted into real firearms).

Implementing Directive (EU) 2019/69 lays down technical specifications for alarm and signal weapons.

Semi-automatic weapons

Firearms designed for military use, such as the AK47 and the M16, which may be manually adjusted between automatic and semi-automatic firing modes, are classified as category-A firearms and therefore banned for civilian use.

Certain semi-automatic firearms are now also classified in category A:

• semi-automatic short firearms than can hold more than 20 rounds;
• semi-automatic long firearms that can hold more than 10 rounds;
• semi-automatic long firearms that can be reduced to a length of less than 60 cm without losing functionality by means of a folding or telescoping stock.

Exchange of information

• The firearms directive also requires the Commission to adopt delegated acts on setting up an electronic system to exchange information between Member States.
• Delegated Regulation (EU) 2019/686 lays down the detailed arrangements for the systematic exchange, by electronic means, of information relating to the transfer of firearms within the EU.
• Delegated Regulation (EU) 2021/1423 lays down the detailed arrangements for the systematic exchange, by electronic means, of information relating to refusals to grant authorisations to acquire or possess certain firearms.

Cross-border transfer

• A person wishing to transfer a firearm from one Member State to another may be granted a licence by the country in which the weapon is located.
• Target shooters and other persons authorised to possess a firearm may request a European firearms pass when travelling with their weapon to another Member State.
• The European firearms pass should be valid for a maximum of 5 years, which could be extended.