European
Parliament and Council Reach Agreement on EU Firearms Directive
Friday, December 23, 2016
At the same time Europeans are exhibiting a renewed interest in
exercising their right to self-defense, the European Parliament and European Council have
come to an agreement to place new restrictions on civilian access to firearms.
On December 20, the European Commission and European Council confirmed that a
compromise on significant changes to the European Firearms Directive was
reached. The new agreement pares down the European Commission’s initial
proposal to severely restrict civilian ownership of semi-automatic firearms,
however, other oppressive measures remain.
As we’ve reported previously, following the November 13, 2015 terrorist attacks in Paris, the EU expedited plans for new gun restrictions when on November 18, 2015 the European Commission adopted plans to change the European Firearms Directive. The changes would set a new minimum gun control threshold that EU member states would be required to meet by enacting domestic legislation. Among the worst changes, the wide-ranging initial draft of the new directive threatened a broad ban semi-automatic firearms and included onerous new licensing requirements.
The initial proposal, particularly the provisions restricting civilian ownership of semi-automatic rifles, was met with significant hostility from several EU Member States. States such as Finland and Switzerland (not an EU member, but subject to certain EU legislation), that have a strong tradition of citizen participation in their national defense strategies, expressed concern about the implications that restrictions would have for their defense capabilities, or in the case of Switzerland, that the new measures could disarm veterans of their service rifles. Other member states with vibrant shooting cultures and robust firearms manufacturing, such as Germany, Italy, the Czech Republic, and Poland, also resisted the proposed legislation’s most onerous provisions.
The most significant change between the European Parliament and European Council agreement and the initial European Commission proposal is how the directive treats semi-automatic firearms. Initially, the European Commission proposed to reclassify Category B7 firearms, which are “Semi-automatic firearms for civilian use which resemble' weapons with automatic mechanisms,” as Category A firearms, which would have made them subject to the same controls as fully-automatic firearms and prohibited them from civilian ownership. The European Commission also expressed a desire to ban magazines with a capacity greater than 10 rounds.
While the exact language of the European Parliament and European Council compromise has not been made public, the European Commission has released a summary of the agreement’s provisions on semi-automatic firearms. Rather than placing all Category B7 firearms into Category A, the directive will now ban the following types of semi-automatic firearms for civilian ownership:
As we’ve reported previously, following the November 13, 2015 terrorist attacks in Paris, the EU expedited plans for new gun restrictions when on November 18, 2015 the European Commission adopted plans to change the European Firearms Directive. The changes would set a new minimum gun control threshold that EU member states would be required to meet by enacting domestic legislation. Among the worst changes, the wide-ranging initial draft of the new directive threatened a broad ban semi-automatic firearms and included onerous new licensing requirements.
The initial proposal, particularly the provisions restricting civilian ownership of semi-automatic rifles, was met with significant hostility from several EU Member States. States such as Finland and Switzerland (not an EU member, but subject to certain EU legislation), that have a strong tradition of citizen participation in their national defense strategies, expressed concern about the implications that restrictions would have for their defense capabilities, or in the case of Switzerland, that the new measures could disarm veterans of their service rifles. Other member states with vibrant shooting cultures and robust firearms manufacturing, such as Germany, Italy, the Czech Republic, and Poland, also resisted the proposed legislation’s most onerous provisions.
The most significant change between the European Parliament and European Council agreement and the initial European Commission proposal is how the directive treats semi-automatic firearms. Initially, the European Commission proposed to reclassify Category B7 firearms, which are “Semi-automatic firearms for civilian use which resemble' weapons with automatic mechanisms,” as Category A firearms, which would have made them subject to the same controls as fully-automatic firearms and prohibited them from civilian ownership. The European Commission also expressed a desire to ban magazines with a capacity greater than 10 rounds.
While the exact language of the European Parliament and European Council compromise has not been made public, the European Commission has released a summary of the agreement’s provisions on semi-automatic firearms. Rather than placing all Category B7 firearms into Category A, the directive will now ban the following types of semi-automatic firearms for civilian ownership:
·
automatic firearms which have been converted
into semi-automatic firearms;
·
short firearms which allow the firing of more
than 21 rounds without reloading, if a loading device with a capacity exceeding
20 rounds is part of the firearm or a detachable loading device with a capacity
exceeding 20 rounds is inserted into it;
·
long firearms which allow the firing of more
than 11 rounds without reloading, if a loading device with a capacity exceeding
10 rounds is part of the firearm or a detachable loading device with a capacity
exceeding 10 rounds is inserted into it;
·
semi-automatic long firearms (i.e. firearms that
are originally intended to be fired from the shoulder) that can be reduced to a
length of less than 60cm without losing functionality by means of a folding or
telescoping stock or by a stock that can be removed without using tools;
In a press release that accompanied announcement of the
agreement, the European Commission
lamented that the revised directive does not restrict semi-automatic firearms
as they had originally proposed. The European Commission noted,
the Commission regrets that some parts of the original
proposal were not supported by the Parliament and the Council. The Commission
had proposed a greater level of ambition with a complete ban of the most
dangerous semi-automatic firearms, including all semi-automatic firearms of the
AK47 or AR15 families and a ban of assault weapons for private collectors. The
Commission also regrets that the magazine size was not limited to 10 rounds for
all semi-automatic firearms.
This is a welcome departure from how the European
Commission’s proposed changes to the European Firearms Directive treated
semi-automatic firearms, however, other alarming portions of the initial draft
of the changes to the directive appear to be intact.
Among the most onerous of these provisions is one requiring EU states to require firearm license holders to submit to a medical examination as a condition of licensure. Making clear that this provision survived the new compromise, in their summary of the agreement, the European Commission noted that, “In the future, all Member States will have to put in place a system of medical check for the authorisation to acquire firearms.” Other restrictions involving the online acquisition of firearms and ammunition, and information sharing provisions that implicate the privacy rights of European gun owners also remain intact.
Now that a compromise has been reached between the European Parliament and the European Council the next step in the convoluted EU legislative process for the proposed changes to the European Firearms Directive will occur when the European Parliament’s Committee on Internal Market and Consumer Protection formally approves the text of the legislation, which is set for January. Following this action, the entire European Parliament is set to vote on the legislation in March.
Among the most onerous of these provisions is one requiring EU states to require firearm license holders to submit to a medical examination as a condition of licensure. Making clear that this provision survived the new compromise, in their summary of the agreement, the European Commission noted that, “In the future, all Member States will have to put in place a system of medical check for the authorisation to acquire firearms.” Other restrictions involving the online acquisition of firearms and ammunition, and information sharing provisions that implicate the privacy rights of European gun owners also remain intact.
Now that a compromise has been reached between the European Parliament and the European Council the next step in the convoluted EU legislative process for the proposed changes to the European Firearms Directive will occur when the European Parliament’s Committee on Internal Market and Consumer Protection formally approves the text of the legislation, which is set for January. Following this action, the entire European Parliament is set to vote on the legislation in March.
European Union
European Council
is the council of heads of state for the European
Union.
Note: European
Parliament is the elected parliamentary institution for the European Union.
Wim van Velzen was
a member of the European Parliament,
and is the senior European policy
adviser for Covington & Burling LLP.
Covington
& Burling LLP was the lobby firm for Americans for Responsible Solutions, and is the lobby firm for the National Football League (NFL).
Americans
for Responsible Solutions is a “Gun Safety,
Gun Control” group for guns.
Eric H. Holder Jr.
is a partner at Covington & Burling
LLP, was the attorney general at the U.S.
Department of Justice for the Barack
Obama administration, a board member for the American Constitution Society, and an intern at the NAACP Legal Defense & Educational Fund.
Bureau
of Alcohol, Tobacco, Firearms and Explosives is a division of the U.S. Department of Justice, and a “Gun Safety, Gun Control” Bureau for guns.
B. Todd Jones was
a director at the Bureau of Alcohol,
Tobacco, Firearms and Explosives, and is the chief disciplinary officer for
the National Football League (NFL).
Open
Society Foundations was a funder for the American
Constitution Society, and Human
Rights Watch.
George
Soros is the founder & chairman for the Open Society Foundations, a board member for the International Crisis Group, was the
chairman for the Foundation to Promote Open Society, a benefactor for
the Harlem Children's Zone, and a
benefactor at the Human Rights Watch.
Foundation
to Promote Open Society was a funder for the NAACP Legal Defense & Educational Fund, the Harlem Children's Zone, the Human Rights Watch, and the Aspen Institute (think tank).
Michael R.
Bloomberg was a benefactor for the Harlem
Children's Zone, and a contributor for the Americans for Responsible Solutions.
Americans
for Responsible Solutions is a “Gun Safety,
Gun Control” group for guns.
Covington
& Burling LLP was the lobby firm for Americans for Responsible Solutions, and is the lobby firm for the National Football League (NFL).
Wim van Velzen is
the senior European policy adviser
for Covington & Burling LLP, and
was a member of the European Parliament.
European
Parliament is the elected parliamentary institution for the European Union.
European Council
is the council of heads of state for the European
Union.
Jean De Ruyt was
a European Union representative of
Belgium, and is a senior public policy adviser for Covington & Burling LLP.
Stuart E.
Eizenstat was a U.S. ambassador for the European Union, and is a senior counsel at Covington & Burling LLP.
Covington
& Burling LLP was the lobby firm for Americans for Responsible Solutions, and is the lobby firm for the National Football League (NFL).
Javier Solana
was a high representative for common foreign & security policy for the European Union, is a board member for
the International Crisis Group, a
director at the Human Rights Watch,
and a trustee at the Aspen Institute
(think tank).
Bloomberg
Family Foundation was a funder for the Aspen
Institute (think tank).
Michael R.
Bloomberg is the founder of the Bloomberg
Family Foundation, was a benefactor for the Harlem Children's Zone, and a contributor for the Americans for Responsible Solutions.
Americans
for Responsible Solutions is a “Gun Safety,
Gun Control” group for guns.
Covington
& Burling LLP was the lobby firm for Americans for Responsible Solutions, and is the lobby firm for the National Football League (NFL).
Wim van Velzen is
the senior European policy adviser
for Covington & Burling LLP, and
was a member of the European Parliament.
European
Parliament is the elected parliamentary institution for the European Union.
European Council
is the council of heads of state for the European
Union
Jean De Ruyt was
a European Union representative of
Belgium, and is a senior public policy adviser for Covington & Burling LLP.
Stuart E.
Eizenstat was a U.S. ambassador for the European Union, and is a senior counsel at Covington & Burling LLP.
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