Commission proposes new rules to combat the trafficking of illicit firearms

On 26 February, European Commission 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 Protect:EU European Internal Security Strategy.

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 such as 3D printing and by evolving security dynamics beyond the EU's borders.

The proposal will introduce an EU-wide framework with common definitions of firearms offences and penalties, support stronger cooperation between Member States, and improve the collection and use of data. The proposal also 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 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 EU-wide definitions and penalties for:

• the trafficking and manufacturing of illicit firearms (maximum penalty of at least 8 years of imprisonment);
• Possession of illicit firearms, essential components and ammunition (maximum penalty of at least 5 years);
• Marking tampering: falsifying or illicitly removing or altering firearm markings (maximum penalties of at least 4 years);
• 3D printing of firearms: illicit creation, acquisition, possession and dissemination of blueprints (maximum penalty of at least 2 years).

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 Focal Points should collect the data to prepare a regular threat picture and serve as a contact point 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. 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, for example 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 statistics in relation to the different firearms-related offences and to share it with the Commission every five years.

Next steps

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

Find out more

• Press release
• Factsheet