Directive (EU) 2021/555 is a legal act 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. It codified Council Directive 91/477/EEC of 18 June 1991.
The member states are free to adopt more stringent rules, which leads to differences in the extent of citizens' legal access to firearms within different EU countries.
Directive No. 91/477/EC
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.
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 each 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.Directive (EU) 2021/555, Art. 3 Certain countries such as Ireland 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 the European Firearms Pass that would allow hunters and target shooters to move between the member states without unnecessary impediments., recital. Generally, a person with a valid European Firearms Pass travelling 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.Directive (EU) 2021/555, Art. 17.
The directive was without prejudice to any national provisions concerning carrying of weapons, hunting or target shooting, Article 2. and allowed member states to adopt more stringent rules., Article 3. The directive introduced A-B-C-D categories of firearms (see below) with different rules pertaining to their acquisition., Article 1(1). Under the directive, national laws were to allow acquisition of A and B category firearms only subject to authorisation,, Article 6, 7. while C category firearms were subject to registration., Article 8.
Handing over of a firearm to a person from a different country was to be allowed only subject to a written declaration of authorisation of such a transfer by the country of residence of the acquiree., Article 9.
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., Article 15(1)
Amending Directive No. 2008/51/EC
Following the EU signing of the 2001 United Nations Protocol Against the Illicit Manufacturing of and Trafficking in Firearms the European Council and Parliament amended the existing firearms directive in order to comply with the Protocol., recital. The amendment address domestic concerns including an increased use of converted weapons, bringing Internet purchases within the scope of the Directive, and better tracing of firearms., recital. The directive required Member States to enact legislation that would require marking and registration of any firearm or essential part for sale, and to establish a national computerised registration database., Article 4.
The Directive also placed a set of specific duties on the European Commission:
Submit a report to the EP and EC on the application of the directive by July 2015, Article 17. Submit a report to the EP and EC on possible simplification of categorisation of firearms into two categories with a view to the better functioning of internal markets by July 2012, Article 17. Submit a report to the EP and EC on issue on desirability of placing of replica firearms within the scope of authority of the Directive, Article 17. Issue common guidelines on deactivation standards and techniques to ensure that deactivated firearms are rendered irreversibly inoperable in line with procedure in Article 13a(2), Annex 1.
Firearm categorisation prior to 13 June 2017 Firearm categoryDesignationMinimum standard requiredCategory A – Prohibited firearms1. 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 except in special cases.European Firearms Directive, Art. 6Category B – Firearms subject to authorisation1. 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.European Firearms Directive, Art. 5 subject to prior authorisation.Directive (EU) 2021/555, Art. 10Category C – Firearms subject to declaration1. 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 subject to registration.Directive (EU) 2021/555, Art. 11Category D – Other firearmsSingle-shot long firearms with smooth-bore barrels. Acquisition and possession allowed only to persons older than 18.
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, which became known as the "EU Gun Ban". President Juncker introduced the aim of amending Directive 91/477/EEC 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. Impact assessment 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:
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:
bringing alarm, signal, salute, acoustic, replica and deactivated firearms within the scope of authority of the Directive, thus requiring that their owner possesses respective licences standard medical testing as a prerequisite to firearm licence acquisition absolute prohibition of possession of A category firearms (even if having been deactivated) and destroying them, which would have particular effect on private collectors and museums; bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established may be authorised to keep in their possession firearms classified in category A acquired before the date of entry into force of the Directive provided they have been deactivated, article 6 i.e. rendered permanently unfit for use, ensuring that all essential parts of the firearm have been rendered permanently inoperable and incapable of removal, replacement or a modification that would permit the firearm to be reactivated in any way Recital, paragraph 2 which, from historical perspective, is on par with destruction. manufacturing of firearms for security forces within the EU (private companies could not possess A category firearms that they manufacture before selling them to police or military) private owners, especially as regards of B category firearms that would be newly categorised as A firearms (automatic firearms which have been converted into semi-automatic and semi-automatic firearms which "resemble weapons with automatic mechanism") five-year maximum licence length (may be renewed)