Approved in the Senate, in the Policy Committee for the European Union, the amendment to the ‘European Law’ by Fratelli d’Italia, signed by the senator of FdI Giovanbattista Fazzolari that abolishes the ban on civil and sporting use of 9×19 caliber ammunition (9 parabellum) for semi-automatic short weapons. “Finally, it will be possible to put an end to this anomaly that has so far penalized our world of sport, private security operators and companies in the sector. Now all that remains is to wait for the passage of the ‘European law’ in the Chamber, in all probability a formalities that will take place in the coming weeks and that will make the law operational “, commented the senator of FdI.
“This is an illogical prohibition“, Commented the senator,”which has no justification, from no point of view. In terms of safety, I would like to remind you that in Italy the use of common firearms of far superior caliber and power is allowed. From a commercial point of view, I would like to point out that Italy is the only European state where this prohibition is in force, with serious prejudice for Italian and foreign producers, forced to carry out a double production. Even in the sports field, Italy is forced to suffer injury, given that the Italian Federation of Tiro Dinamico Sportivo, recognized by Coni and the International Federation Ipsc (International practical shooting confederation) is unable to organize international competitions in Italy due to the prohibition imposed on athletes to introduce weapons and ammunition on Italian soil for the conduct of competitions.
This prohibition was formally introduced with Legislative Decree 204 of 2010, which amended law no. 110 of 1975 establishing that in Italy “the manufacture, introduction into the territory of the State and the sale of semi-automatic or repeating short firearms, which are chambered for ammunition in the 9 × 19 parabellum caliber, is not permitted”, unless are intended for the Armed Forces or the Armed Corps of the State. In reality, even before 2010, this provision was always tacitly observed by virtue of an interpretation given by the National Test Bench for firearms of the 1975 legislation. The Court of Cassation with several sentences, last in May 2021 , had already established that this type of ammunition were not to be considered weapons of war and therefore sanctioning the possibility of detention for those in possession of a regular license of arms.
The Court of Cassation, in fact, in the last sentence, established that “the short weapons in cal. 9×19 are to be considered common firearms and not as weapons of war. This change in classification has a very important consequence: ammunition in cal. 9×19 for short weapon are not to be considered war ammunition but ammunition for common firearm“. This definition expressly takes up, and confirms, an approach that the Supreme Court had already widely undertaken. In fact, in 2014, with judgment 52170, the Court had expressly established that a cal. 9 parabellum could in no way be considered a war weapon as it does not have a marked offensive potential, typical instead of war weapons. As for the caliber, the volume of fire and the use, it is noted that these technical aspects are totally superimposable to the weapons in cal 9×21. The same short weapon in 9×19 cal, although supplied to the armed forces, cannot be explicitly considered a war weapon.
Currently, the Italian situation regarding 9 × 19 mm guns therefore seemed paradoxical: since the entry into force of Legislative Decree 204 of 2010, in fact, 9 × 19 mm caliber rifles (long guns) can be legally sold to citizens in possession of a license. in armories), but not pistols (short weapons), for which there is an anachronism and at this point inexplicable prohibition which, moreover, has no parallel in any other country of the European Union.
The amendment by Senator Fazzolari does nothing but transpose at the legislative level what the Supreme Court established, remedying a legislative void that made our country the only case in Europe to have such a ban, which seemed to have not only a legal illogic, but also technical. “In fact, we know that, from a ballistic point of view, the performance of a cal. 9×19 are quite similar, if not identical, to a cartridge in cal. 9×21 which is the “civilian” version of the infamous 9×19. ” explains, in fact, Enrico, a shooting instructor from Rome.