II. Firearms Laws

B. International Information

2. The European Firearms Pass

by J.M. Spencer (J.M.Spencer@newcastle.ac.uk)

This is the text of the United Kingdom Home Office's pamphlet FA9 "The
European Firearms Pass" produced by the Home Office Public Relations
Branch dated 1992. Comments in [square brackets] are mine. Note:
wherever a reference is made to 'Great Britain' they mean the political
entity 'the United Kingdom', not the geographical area known as Great
Britain.

THE EUROPEAN FIREARMS PASS
==========================

This leaflet gives information about what you need to do if you want to
take firearms from Great Britain to other European Community ('EC')
States or if you want to purchase or acquire firearms in other EC
States.

The other Member States of the European Community [currently] are:

-- Belgium, Denark, France, Germany, Greece, the Republic of ireland,
Italy, the Netherlands (Holland), Portugal and Spain.

Please note that in this leaflet:

-- 'firearm' includes a shotgun,

-- 'section 1 firearm' means a firearm which must be held on a firearm
certificate [shotguns are held on shotgun certificates, S1 firearms
are all air pistols producing more than 6ft-lbs, all air rifles
producing more than 12ft-lbs, all handguns, all rifles, all
self-loading shotguns with magazines holding more than 2 rounds]

-- 'shot gun' means a shotgun which can be held on a shotgun
certificate [any 'normal' shotgun with barrels at least 24" long]

CATEGORIES OF FIREARMS
======================

If you want to take a firearm to another EC State you must know about
the following categories of firearms and ammunition.

These are laid down in the EC Directive on the Control of the
Acquisition and Possession of weapons 91/477/EEC - called 'the
Directive'. You must also know about these categories if you want to
purchase or acquire a firearm in another EC State.

Apart from the weapons and ammunition in Category A which will become
prohibited in Great Britain [but we don't know if this is limited to
*only* UK] on 1 January 1993, the classifications do *not* change how
firearms are controlled under the law in Great Britain.

Category A
========

Except in special cases, the following weapons and ammunition are
prohibited in all EC States:

1. Explosive military missiles and their launchers;

2. Automatic firearms;

3. Firearms disguised as other objects; [this *is* a change, it
changes Britain's laws by making guns such as walking stick shot guns
illegal];

4. Ammunition with armour-piercing, explosive, or incendiary missiles
(projectiles) and the missiles (projectiles) themselves;

5. Expanding ammunition for pistols, and the missiles (projectiles)
for such ammunition, unless these are used for hunting or target
shooting. 'Hunting' includes shooting wild animals, game and birds.

Category B
========

If you want to purchase, acquire or possess the firearms below in
another EC State, you must first get permission from the authorities
in that State. However, some EC States may prohibit some, or all, of
these firearms.

1. Handguns or firearms with a barrel of 11.8" (30cm) or less or an
overall length of 23.6" (60cm) or less except single-shot rim-fire
pistols with an overall length of 11" (28cm) or more;

2. Semi-automatic rifles and smooth-bore guns:

-- with a magazine and chamber which can together hold more than 3
shots; or

-- where the magazine and chamber which cannot hold more than 3 shots
but could be converted to a larger capacity with ordinary tools; or

-- with a detachable magazine; or

-- which resemble automatic weapons [cosmetics control!]; or

-- which in the case of smooth-bore guns, have a barrel of less than
24" (60.96cm).

3. Repeating (such as pump-action, bolt-action or lever-action)
smooth-bore guns and smooth- bore revolver gunss with a barrel length
of less than 24" (60.96cm).

Category C
========

The possession of any one of the firearms listed below in another EC
State must, at the minimum level of control imposed by the Directive,
be notified to the authorities of that State. But an EC State may ban
some, or all, of these firearms or may make their purchase, acquisition
or possession subject to prior authorisation.

1. Repeating (pump-action, bolt-action or lever-action) and
single-shot rifles.

2. Repeating (pump-action, bolt-action or lever-action) smooth-bore
guns and smooth-bore revolver gunss with a barrel length of less than
24" (60.96cm) or more.

3. Semi-automatic rifles and smooth-bore guns:

-- with a magazine and chamber which together cannot hold more than 3
shots and cannot be converted to a larger capacity using ordinary
tools, for example, smooth-bore guns which have been adapted in line
with Section 2(3) of the Firearms (Amendment) Act 1988;

-- which do not have a detachable magazine;

-- which do not resemble automatic weapons; and

-- which in the case of smooth-bore guns, have a barrel of 24"
(60.96cm) or more.

4. Single-shot rim-fire pistols with an overall length of 11" (28cm)
or more.

5. Any shot gun with a magazine.

Category D
========

The Directive does not impose any minimum controls on the purchase,
acquisition or possession of Category D firearms. However, some EC
States may ban them, or may make their purchase, acquisition or
possession subject to prior authorisation. Some EC States may require
the holder to notify the possession of these firearms in their
territory. Category D covers any shot gun which does not have a
magazine. They can have more than one barrel so long as they have no
magazine and can only fire one shot from each barrel before reloading.

WHY DO I NEED A EUROPEAN FIREARMS PASS?
=======================================

>From 1 January 1993, British residents who want to take their firearms
to other EC States will need a European Firearms Pass called an 'EFP'.
For example, you will need an EFP if you want to take firearms on a
shooting trip or to a competition in another EC State. 

HOW DO I GET A EUROPEAN FIREARMS PASS?
======================================

If you have a firearm or a shotgun certificate you can ask your local
police for an EFP at any time. If you are applying to renew a firearm
or a shotgun certificate, or if you are applying for a certificate for
the first time, you can apply for an EFP at the same time.

If you want an EFP contact the firearms licensing department of your
local police frce. You must tell them which section 1 firearms and/or
shot guns you would like to have entered on your EFP. You will be
asked to supply a photograph to go on your EFP. You do not have to
provide a photograph by law and you will still be issued with an EFP
even if you do not provide one. But you may find that, if you are
asked to produce your EFP in another EC State by a police or customs
officer and your EFP does not have your photograph on it, you may be
asked to produce some other proof of your identity such as a passport.

If you want to renew, change or extend an EFP, again, just contact the
firearms licensing department of your local police.

You do not have to pay a fee for your EFP. It will be granted
automatically if you already have a firearm or shot gun certificate.

WHAT DOES AN EFP COVER?
========================

Your EFP can cover any section 1 firearm or shot gun for which you have
a certificate. If you have a firearm certificate and a shot gun
certificate you can have both section 1 firearms and shot guns
included on your EFP.

Your EFP will be valid until you need to renew your firearm or shotgun
certificate. If your EFP covers both section 1 firearms and shot guns,
it will expire when your firearms or shot gun certificate expires. It
will only be valid for a particular section 1 firearm or shot gun if
your firearm or shot gun certificate allows you to purchase, acquire
or possess it, as the case may be.You cannot transfer or give your EFP
to another person. If any firearm listed on your EFP is lost or stolen
you must report this to your local Chief Officer of Police
*immediately*. You must send your EFP to the Chief Officer of Police
so that he can write details of the loss or theft on the EFP [and
what's that going to achieve?].

WHAT DOES AN EFP ALLOW ME TO DO?
=================================

If you want to take your firearms to another EC State you must first
get permission from the authorities in the State you are going to
visit. Their permission or authorisation must be put on to your EFP.
This means you will have to send your EFP to the authorities of that
State before your visit [even if that State does not restrict or
control the firearms you are taking, you *still* have to get written
authority to take the unrestricted firearm].

During your visit to that State you must always carry your EFP whenever
you have your firearms with you. You must be able to show your EFP
whenever you are asked to do so by the authorities, such as police or
customs officers, in the State you are visiting.

SPECIAL EXEMPTION FOR HUNTSMEN AND MARKSMEN
==============================================

You do not need to get permission to take certain types of firearm (see
below) to other EC States if you are going to take part in hunting or
in marksmanship activities, such as target shooting. 'Hunting' means
all forms of shooting wild aninals, for exampe, boar-hunting or
deer-stalking. It also includes shooting vermin, wild birds or game.
[What else wold you use it for, apart from hunting or target shooting?
If there's such an exemption, what does the Directive actually affect
or achieve?]

You must have your EFP with you at all times [whilst you are in
possession of your firearms?] during the visit. You must be able to
prove the reason for your trip, for example, by having an invitation
to a target shooting competition.

If you are visiting to hunt then you may need permission to take
firearms which fall into categoriy C or D. If you are visiting to take
part in marksmanship activities then you may not need permission to
take category B, C or D firearms.

**However, you must always get permission if the firearm you are taking
with you is prohibited or subject to authorisation in the EC State you
are going to visit.**

Some EC States may prohibit or make subject to authorisation any
firearm whether it falls into category B, C, or D. For each firearm
listed on your EFP, the EFP will say which EC States prohibit that 
firearm and which EC States make it subject to authorisation.

You cannot take a firearm to an EC State it that firearm is prohibited
there. If you want to take a firearm to an EC State where it is
subject to authorisation, you must get permission from the authorities
in that State before your visit - even if you are only going to take
part in hunting or marksmanship activities.

TAKING FIREARMS TO ANOTHER EC STATE TO KEEP THERE
=================================================

You cannot use your EFP if you want to take your firearm to another EC
State and keep it there permanently. To do this you will need to get a
[export] licence from the Department of Trade & Industry [the same
department that authorises superguns for Iraq :-].

You can get more information about licensing requirements from the
Export Licensing Unit, DTI, Kingsgate House, 66-74 Victoria St.,
London SWE1 6SW [England, of course] tel: (internal) 071 215 8104,
(international) +44 71 215 8104.

PURCHASING OR ACQUIRING FIREARMS IN ANOTHER EC STATE
=====================================================

There are new controls on buying firearms and ammunition in other EC
States. Remember, you cannot use your EFP to buy firearms or
ammunition in another EC State.

Category B Firearms
==============

If you want to purchase or acquire category B firearm or ammunition for
it in another EC State you must get permission to do so from the
authorities in that State. To do this, you must first be able to show
that your local Chief of Police has given permission for you to buy or
acquire the firearm or ammunition. This permission is called Article 7
authority. You can get get an Article 7 authority for any firearm or
ammunition which your firearm certificate allows you to purchase or 
acquire.

If you want to purchase or acquire a firearm or ammunition which is not
covered by your firearm certificate, or if you do not hold a firearm
certificate, you can still apply for an Article 7 authority to
purchase or acquire a firearm or ammunition in another EC State - but
only if you are not going to bring the firearm or ammunition into the
United Kingdom.

If you would like an Article 7 authority, contact the firearms licensing department of your local 
police force.

Category C Firearms
==============

If you purchase or acquire on a permanent basis, in another EC State, a
category C firearm, then you must tell your local Chief of Police of
this within 14 days [that's another change in the British law, it used
to be 7 days]. You must send your letter by registered post or the
recorded delivery service, or by the equivalent service in the State
where you purchase or acquire the firearm. You must include a
description of the firearm [eg. double-barrelled shotgun, rifle,
pistol] and any identification number. You must also state what type
of transaction it is and give your name and address in Great Britain.

You do not have to tell your local police that you have acquired a
category C firearm in another EC State if:

-- the terms of the transaction restrict your possession of the firearm
to the whole or part of your stay in the State in which you acquired
it; and [note and, not or]

-- prevent you from taking it out of that State; or

-- you are a recognised collector of firearms, or you hold a museum
firearms licence and you are buying the firearm for your collection or
for the museum. A recognised collector is a person who has a firearms
or shotgun certificate which has a condition saying that the firearms
to which the condition relates may only be purchased, acquired or
possessed to be kept or exhibited as part of a collection. [Note: some
firearms are obsolete or are considered as antiques and, even though 
they may still be functional, they are not considered firearms. The Home
Office has published a list os such cartridges and it was presented in
_Guns Review_.]

Category D Firearms
==============

The controls on buying a category D firearm in another EC State will
depend on the State where you buy it. Check with the authoritites in
that State. You do not have to tell your local Chief of Police in
Great Britain if you buy a category D firearm in another EC State.
(Please see the next section if you are going to bring the firearm
back into this country.)

BRINGING FIREARMS YOU HAVE JUST PURCHASED OR ACQUIRED INTO THE UNITED KINGDOM
==============================================================================

If you purchase or acquire any firearm of any category in another EC
State, and you want to bring it back into the United Kingdom, you must
get a licence from the authorities of the State where you purchased or
acquired it. This licence must give you permission to bring the firearm
 into the United Kingdom. You cannot bring a firearm which you have
just bought in another EC State into the United Kingdom unless you
have got this licence. [If you buy a firearm in a non-EC country then
you can bring it r-i-g-h-t in, declare it to HM Customs, pay the tax,
and walk off with it. Much easier avoiding the EC as far as possible.]

If you do not comply with the requirements for the movement of firearms
between the United Kingdom and other EC States, then your firearms may
be seized and you may be prosecuted.

Further Information
=============

If you would like more advice about European Firearms Passes, taking
firearms to other EC States, or buying firearms in other EC States,
please contact the firearms licensing department of your local police
force [who will know bugger all about it].

>From 1 January 1993, there will be a number of new controls on visitors
from European States bringing firearms into Great Britain [but wait a
minute, you started by saying that there are no changes to the British
law....]. Details are given in a new edition of the leaflet 'PERMITS
FOR VISITORS TO GREAT BRITAIN'. You can get this from the firearms
licensing department of your local police force.

Details of other changes to the firearms law which came into force on
1 January 1993 are given in te leaflet 'CHANGES IN THE FIREARMS LAW'.
You can get this from the firearms licensing department of your local
police force.