Public Hearing Committee on the Internal Market and Consumer

Protection

The revision of the Firearms Directive

15 March 2016 European Parliament, Brussels

Filippo Segato FACE Secretary General

• Established in 1977 in Brussels

• Representing the interests of 7 million hunters before the European Institutions.

• 85% of legislation affecting European hunters is decided at European level.

• Providing evidence-based expertise on topics relevant for hunting.

• Clarifying the legal, environmental and socio-economic situations.

FACE

Federation of Associations for Hunting and Conservation of the EU

• An driver of EU economy worth 16 billion €

• A cost efficient tool to manage wildlife and protect habitats

• An ecosystem service benefiting citizens and rural economies

• An widespread tradition with deep roots in European cultural heritage and identity

• A sustainable source of healthy natural food

What is hunting today?

What is hunting today?

• FACE welcomes the firm reaction of the European Commission against terrorism;

• FACE supports the adequate control of firearms, including justified and proportionate restrictions to their acquisition and possession;

• Measures improving the marking and increasing the traceability of firearms and improving cross-border exchange of information amongst law enforcement agencies ;

• FACE notes that the Commission has not accompanied the amendment proposal with an impact assessment;

• FACE is concerned that in the absence of an impact assessment the proposed measures could have a disproportionate impact on legal users of firearms.

CATEGORIES OF FIREARMS

Categories of firearms: A, prohibited firearms

Automatic firearms:

CATEGORIES OF FIREARMS

Categories of firearms for hunting: B, subject to authorisation

Semi-automatic shotguns:

Semi-automatic rifles:

CATEGORIES OF FIREARMS

Categories of firearms for hunting: C, subject to declaration

Bolt action rifles:

Double barrelled rifles:

CATEGORIES OF FIREARMS

Categories of firearms for hunting: D, other firearms

Single-shot long firearms with smooth-bore barrels.

CATEGORIES OF FIREARMS

B7 Semi-automatic firearms for civilian use which resemble weapons with automatic mechanisms.

CATEGORIES OF FIREARMS

Category A: prohibited Category B

New A7

CATEGORIES OF FIREARMS

Category A: prohibited Category B

CONCLUSIONS

FACE rejects the proposal to ban a firearms category based on its appearance rather than on functionality characteristics.

The EC Evaluation of the Firearms Directive (2014) recognises security concerns posed by semi-automatic weapons when converted into automatic weapons.

The proposed move of the B7 category to the prohibited list is not solving the cause of the problem: i.e. illicit conversion. Instead it will, in our view, trigger a sliding scale of future bans of semi-automatic configurations.

FACE believes there is scope to insert in the Directive a Regulation on the conversion of automatic firearms

Italy and Germany have already adopted good legislation which could be used as a good practice.

FACE proposes to introduce common conversion standards ensuring that any conversion of a firearm that changes its category is done in a manner which renders such conversion irreversible.

ONLINE SALES

• Article 2 of Directive 97/7/EEC on the protection of consumers in respect

of distance contracts defines “means of distance communication” as all means of communication between people that do not require a simultaneous physical presence, including but not limited to : – Unaddressed printed matter – Addressed printed matter – Standard letter – Telephone with human intervention – Videophone (telephone with screen) – Videotex (microcomputer and television screen) with keyboard or touch screen – Electronic mail – Facsimile machine (fax)

• A prohibition of the use of means of distance communication between private persons effectively implies that owners discussing about the sale of their firearm by e-mail, on the phone or advertising in specialised magazines or on websites would not comply with the proposal, in other words they would be committing a crime, which is likely to fall under anti-terrorism measures.

ONLINE SALES/2

FACE objects the introduction of a mandatory physical meeting between buyer and seller as a means to control the distance selling of firearms between private persons. The imposition of such a meeting contradicts the letter of Directive 97/7/EEC .

Internet and distance sales are and shall be subject to the strict control of the Member States at all times.

Online sales must be conditional on the verification of the identity of both the seller and the buyer by authorities.

Controls must focus on the illegal use of the Internet: i.e. the DARKNET.

FACE urges the esteemed Members of the European Parliament to avoid the discrimination of specific user groups, such as hunters and sport shooters, when considering the legitimate use of the online sales.

FACE proposes to revert to existing legislation in the case of transfers between private persons licensed in the same MS.

Transfers between private persons who are licensed in two different countries, one of which is an EU MS, can occur via authorised dealers.

SOUND MODERATORS (Silencers)

• Silencers (sound moderators) do not affect the functionality of firearms nor do they, as such, pose a danger to the security of EU citizens.

• Silencers reduce the peak sound levels by max. 40 dB of the shot thus they protect the hearing of hunters and sport shooters (and their dogs), are environmentally friendly and are therefore increasingly used and allowed in the EU Member States.

For the purposes of this Directive, sound moderators shall not be considered ‘essential components’.

STORAGE

• FACE supports minimum requirements on secure storage for firearms of Category A and B.

• Standards must be justified by evidence.

• The introduction of EU standards must be avoided!

• Instead it should be left up to national legislation to decide if and which standards should be prescribed

• Member States shall establish regulations on the safe storage of firearms under Category A and B ensuring that firearms are kept in such way as to preclude any risk of them being accessed by unauthorised persons.

OTHER PRIORITIES

• Minimum age,

• Time limited validity of licences (periodicity),

• medical tests,

the subsidiarity principle must be upheld leaving it up to national legislation to decide how to grant or withdraw authorisation to acquire and possess firearms.

CONCLUSIONS

1. As regards B7 category: FACE proposes to introduce common conversion standards ensuring that any conversion of a firearm that changes its category is done in a manner which renders such conversion irreversible.

2. Silencers: to be kept out of the scope of the Directive as they are accessories.

3. Online sales shall be subject to the strict control of the Member States at all times. If authorities follow the transfer from origin to destination nothing should prevent private persons from

benefiting from distance sales. Aim at the DARKNET!

4. Storage: Member States shall establish regulations on the safe storage of firearms under Category A and B ensuring that firearms are kept in such way as to preclude any risk of them being accessed by unauthorised persons.

Thank you!

For further information: Filippo Segato

FACE Secretary General filippo.segato@face.eu