Commission proposes EU-wide rules against the trafficking of illicit firearms

This article is brought to you in association with the European Commission.

The European Commission has presented a proposal for a directive to combat firearms trafficking and other firearms-related offences in the EU. This is the first legislative initiative to be adopted under the European Internal Security Strategy, ProtectEU.

Illicit firearms pose a serious threat to public security, enabling terrorism, organised crime, gang violence and other serious offences. This risk is amplified by technological developments like 3D printing and by evolving threats from outside the EU’s borders, calling for increased EU preparedness.

Today, there are significant differences in how firearms related offences are defined and punished, leading to a fragmented legal framework across the EU. The proposal will foster harmonisation and improve the effectiveness of law enforcement against firearms-related crimes by (i) introducing an EU-wide framework with common definitions of firearms offences and penalties, (ii) supporting stronger cooperation between Member States, and (iii) improving the collection and use of data. The proposal also (iv) closes the gap when it comes to the misuse of 3D printing for illicit weapons production.

By making investigations and prosecutions more effective and reinforcing law enforcement’s ability to respond to emerging threats, the new rules will help protect EU citizens from the dangers posed by illicit firearms.

The proposal only targets intentional acts involving illicit firearms, fully preserving legitimate activities by authorised dealers, industry and citizens. It does not change nor affect in any way the existing EU rules on the legal acquisition, possession and cross-border movement of firearms.

EU-wide definitions and penalties

The proposal introduces harmonised definitions and penalties, including for:

• the trafficking, manufacturing or possession of illicit firearms, essential components of firearms, and ammunition;
• falsifying or illicitly removing or altering the mandatory markings that uniquely identify firearms and their essential components, serving as an ‘identity tag’ throughout their lifecycle;
• the illicit creation, acquisition, possession and dissemination of blueprints for 3D printing of firearms, which represents a new and growing security threat.

Member States should set an upper limit of penalties for firearms-related offences of at least 2 years of imprisonment for the creation, acquisition, possession and dissemination of 3D blueprints, at least 5 years for the possession of illicit firearms, essential components and ammunition, and at least 8 years for the trafficking and manufacturing of illicit firearms.

Stronger cross-border cooperation

The proposal includes an obligation for Member States to establish a National Firearms Focal Point.It enables operational cooperation between Member States, for example for tracing and seizing weapons trafficked across Member States. The National Firearms Focal Points should also collect the data needed to create a regular threat picture and serve as point of contact for cooperation in international fora.

Improved data collection and criminal analysis

The proposal introduces new measures to improve the collection and standardisation of the available data on firearms. 

This includes a minimum dataset to register firearms seized by law enforcement or other competent authorities. This will allow for a better estimation of the scope and scale of illicit firearms trafficking in the EU. The dataset was developed in close cooperation with practitioners and includes basic information such as the model and type of firearm. This information will help Member States identify trends, e.g. where decommissioned firearms from conflict zones enter the Union. It will also support targeted efforts to seize firearms and prevent proliferation.

The proposal also introduces a requirement for Member States to gather existing statistical data in relation to the different firearms-related offences and to share it with the Commission every five years. This includes data on the number of firearms seized in the context of criminal offences, as well as statistical data on the number of investigations, prosecutions, convictions, dismissed cases, number of legal persons involved, the level and type of penalties imposed. This will increase the availability of comparable data across Member States and allow for an improved situational picture, better monitoring as well as increased public awareness.

Next steps

The Commission will now work with the European Parliament and the Council, to facilitate swift agreement on the proposal.

Background

The EU has adopted several instruments in the field of firearms, from the perspective of the internal legal market. The current EU rules on firearms only regulate the legal ownership and transfer of firearms: the Firearms Directive sets common minimum rules for the lawful acquisition, possession and transfer of civilian firearms within the EU, and the recast Firearms Regulation governs import and export authorisations for firearms moving to and from non-EU countries.

The EU ratified the UN Firearms Protocol in 2014, committing to criminalise illicit manufacturing and trafficking, strengthen marking and tracing, and ensure effective licensing and controls. However, no EU rules exist as of yet on criminal offences related to firearms. This is the purpose of the present proposal which completes the framework of rules inspired by the UN Firearms Protocol.