Council Directive of 18 June 1991 on control of the acquisition and possession of weapons (91/477/EEC)

ANNEX I

I.

For the purposes of this Directive, ‘weapon’ means:

• any firearm as defined in section II of this Annex,

• weapons other than firearms as defined in national legislation.

II.

For the purposes of this Directive, ‘firearm’ means:

A.

Any object which falls into one of the following categories, unless it meets the definition but is excluded for one of the reasons listed in section III.

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.

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.

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.

Category D — Other firearms

Single-shot long firearms with smooth-bore barrels.

B.

Any essential component of such firearms:

The breach-closing mechanism, the chamber and the barrel of a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted.

III.

For the purposes of this Annex objects which correspond to the definition of a ‘firearm’ shall not be included in that definition if they:

(a)

have been rendered permanently unfit for use by the application of technical procedures which are guaranteed by an official body or recognized by such a body;

(b)

are designed for alarm, signalling, life-saving, animal slaughter or harpoon fishing or for industrial or technical purposes provided that they can be used for the stated purpose only;

(c)

are regarded as antique weapons or reproductions of such where these have not been included in the previous categories and are subject to national laws.

Pending coordination throughout the Community, Member States may apply their national laws to the firearms listed in this Section.

IV.

For the purposes of this Annex:

(a)

‘short firearm’ means a firearm with a barrel not exceeding 30 centimetres or whose overall length does not exceed 60 centimetres;

(b)

‘long firearm’ means any firearm other than a short firearm;

(c)

‘automatic firearm’ means a firearm which reloads automatically each time a round is fired and can fire more than one round with one pull on the trigger;

(d)

‘semi-automatic firearm’ means a firearm which reloads automatically each time a round is fired and can fire only one round with one pull on the trigger;

(e)

‘repeating firearm’ means a firearm which after a round has been fired is designed to be reloaded from a magazine or cylinder by means of a manually-operated action;

(f)

‘single-shot firearm’ means a firearm with no magazine which is loaded before each shot by the manual insertion of a round into the chamber or a loading recess at the breech of the barrel;

(g)

‘ammunition with penetrating projectiles’ means ammunition for military use where the projectile is jacketed and has a penetrating hard core;

(h)

‘ammunition with explosive projectiles’ means ammunition for military use where the projectile contains a charge which explodes on impact;

(i)

‘ammunition with incendiary projectiles’ means ammunition for military use where the projectile contains a chemical mixture which bursts into flame on contact with the air or on impact.

ANNEX II EUROPEAN FIREARMS PASS

The pass must include the following sections:

(a)

identity of the holder;

(b)

identification of the weapon or firearm, including a reference to the category within the meaning of the Directive;

(c)

period of validity of the pass;

(d)

section for use by the Member State issuing the pass (type and references of authorizations, etc.);

(e)

section for entries by other Member States (authorizations to enter their territory, etc.);

(f)

the statements:

‘The right to travel to another Member State with one or more of the firearms in categories B, C or D mentioned in this pass shall be subject to one or more prior corresponding authorizations from the Member State visited. This or these authorizations may be recorded on the pass.

The prior authorization referred to above is not in principle necessary in order to travel with a firearm in categories C or D with a view to engaging in hunting or with a firearm in categories B, C or D for the purpose of taking part in target shooting, on condition that the traveller is in possession of the firearms pass and can establish the reason for the journey.’

Where a Member State has informed the other Member States, in accordance with Article 8 (3), that the possession of certain firearms in categories B, C or D is prohibited or subject to authorization, one of the following statements shall be added:

‘A journey to ... (State(s) concerned) with the firearm ... (identification) shall be prohibited.’

‘A journey to ... (State(s) concerned) with the firearm ... (identification) shall be subject to authorization.’