Legislation & Policy

A comprehensive and coherent legislative framework is crucial to establish an effective firearms control regime and to support an efficient criminal justice response to tackle gun violence. Below you can find some instruments that provide states with a legal basis to develop their national firearms legislation and relevant international and European policy initiatives regarding the illicit trafficking of firearms.

International framework

The United Nations (UN) Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition (Firearms Protocol) is the only legally binding instrument at the global level that is specifically aimed to counter the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition. The Protocol was adopted by resolution 55/255 of 31 May 2001 at the 55^th session of the General Assembly of the United Nations. The protocol supplements the UN Convention against Transnational Organised Crime. The Protocol entered into force on 3 July 2005.

United Nations Firearms Protocol

The UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons (SALW) is a politically binding instrument that was Adopted in July 2001 by the UN Conference on the Illicit Trade in SALW in All Its Aspects. This Programme aims to prevent, combat and eradicate the illicit trade in SALW by improving national legislation, import/export controls, and stockpile management.

United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons

The Arms Trade Treaty (ATT) was adopted by the General Assembly of the UN in March 2013 and entered into force in December 2014 after 50 countries ratified the treaty. The ATT establishes common international standards for regulating or improving the regulation of the international trade in conventional arms (including SALW) and aims to combat the illicit trade in conventional arms and prevent their diversion.

Arms Trade Treaty

EU legislation & Policy

The EU Firearms Directive 2021/555 defines the minimum common rules on the acquisition and possession of firearms in the European Union, as well as the transfer of firearms from one EU Member State to another, while Regulation 2021/58 on the import, export and transfer of civilian firearms implements Article 10 of the UN Firearms Protocol.

European Legislation on civilian firearms

The Common Position 2008/944/CFSP defining common rules governing control of exports of military technology and equipment is a legally binding instrument for EU Member States, that sets out common minimum standards for export control on conventional weapons, including small arms and light weapons.

Common Position 2008/944/CFSP

The EU Strategy to combat illicit accumulation and trafficking of SALW and their ammunition was adopted by the European Council in November 2018. This EU Strategy aims at being a comprehensive plan of action to combat the illicit trade in illicit firearms, SALW and their ammunition and contains various measures to secure the full life cycle of these weapons.

EU Strategy to combat illicit accumulation and trafficking of SALW and their ammunition

The 2020-2025 EU action plan on firearms trafficking was developed by the European Commission and communicated to the European Parliament and the Council in July 2020. It includes four overarching priorities to prevent and tackle illicit firearms trafficking. It also includes specific actions for south-east Europe and its cooperation with the EU.

2020-2025 EU action plan on firearms trafficking