ACT No. XIV of 2005 AN ACT to repeal and re-enact with amendments the law relating to arms. (aggravatedoffences)

I assent.

E DWARD F ENECH A DAMI

(L.S.)

President

2nd August, 2005

ACT No. XIV of 2005

AN ACT to repeal and re-enact with amendments the law relating to

arms.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the Board of the same as follows>–

The title of this Act is the Arms Act, 2005, and this Act shall Short

commencement.

come into force on such date or dates as the Minister responsible for the

Police may by notice in the Gazette appoint, and different dates may be

so appointed for different provisions or for different purposes of this

Act.

PART I - GENERAL

In this Act, unless the context otherwise requires> -

(Article 3)

PART I

PROHIBITED FIREARMS AND AMMUNITION

1. Explosive military missiles and launchers

2. Automatic firearms

3. Firearms manufactured as automatic and subsequently converted to semi-

automatic

4. Firearms disguised as other objects

5. Short firearms with barrels less than 9cm in length

6. Long firearms with smoothbore barrels which are less than 50 cm in length

7. Ammunition with armour piercing, explosive or incendiary projectiles and

the projectiles for such ammunition

8. Ammunition that discharges a lethal or irritant substance such as teargas

9. Ammunition or projectiles of any kind that can be discharged by air weapons,

other than specific air weapon ammunition

10. Pistol and revolver ammunition with expanding projectiles and the projectiles

for such ammunition

11. Laser sights

12. Any device designed to muffle or reduce the report of a firearm except

when such devices are intended for airguns

13. Essential components of any of the firearms mentioned in this Part, namely

the breech closing mechanism, the chamber and the barrel of a firearm, which, being

separate objects are included in the category of the firearms on which they are intended

to be mounted.

PART II - PROHIBITED ARMS

1. Flick knives

2. Gravity knives

3. Butterfly knives

4. Knuckle dusters

5. Catapults

A

Interpretation.

“airgun” means a short firearm or long firearm respectively,

the discharge of which is made by means of air or gas compression<

“ammunition” means the assembled components of a

cartridge, namely the shot or bullet, case primer and propellant for

any firearm, but excludes pellets for an airgun, inert ammunition

and ordinance<

“ammunition with expanding projectiles” means any

ammunition that is designed or adapted to expand on impact<

“ammunition with explosive projectiles” means ammunition

where the projectile contains a charge which explodes on impact,

whether intended or designed for military use or otherwise<

“ammunition with incendiary projectiles” means ammunition

for where the projectile contains a chemical mixture which bursts

into flame on contact with the air or on impact, whether intended

or designed for military use or otherwise<

“antique weapon” means any arm proper manufactured before

st

1 January 1946 or such later year as the Minister may from time

to time prescribe<

“armour piercing projectile” means ammunition for military

use where the projectile is jacketed and has a penetrating hard

core<

“arms proper” shall have the same meaning assigned to it by

article 64 of the Criminal Code and shall include a firearm as

defined in this article<

“artistic weapon” means an arm proper embellished or

designed in a manner which goes beyond its pure functional

requirements and which has been recognised as such by the Board<

“automatic firearm” means a firearm which reloads

automatically each time a round is fired and which can fire more

than one round with one pull on the trigger<

“Board” means the Weapons Board constituted and appointed

in accordance with article 49 of this Act<

“collector” means a person who is licensed as such in terms

of article 11 of this Act<

“club” means an organisation that organises and carries out

target shooting activities and is recognized as such by the Board

and is licensed by the Commissioner for the purposes of this Act<

“Commissioner” means the Commissioner of Police<

“deactivated firearm” means a firearm which has been

rendered permanently unfit for use and certified as such as set out

in this Act<

“dealer” means any person whose trade or business consists

wholly or in part in the purchase, sale, importation, export, display,

assembly, maintenance, storage, transportation, shipping,

distribution, delivery, exchange or hiring of any firearm or arms

proper including ammunition, and#or in the possession with intent

to sell, import, export, display, assemble, maintain, store, transport,

ship, distribute, deliver, exchange and#or hire of any firearm or

arms proper including ammunition<

“firearm” includes a firearm of any description and any other

kind of gun from which any shot, bullet or missile can be discharged

and the barrel, breech and receiver thereof<

“gunpowder” includes gunpowder, blackpowder, smokeless

gun powder and all other types of propellants<

“gunsmith” means any person whose trade or business consists

wholly or in part in making, repairing, restoring, manufacturing,

altering, modifying or converting firearms<

“historical weapon” means any arm proper used in an

important historical event or by any historical personage and

classified as such by the Commissioner on the advice of the Board<

“long firearm” means any firearm with a barrel which is more

than thirty centimetres in length or with an overall length of more

than sixty centimetres<

“martial art weapon” means any weapon used in any of the

martial arts requiring registration in terms of the provisions of this

Act<

“Minister” means the Minister responsible for the Police<

“paint ball activity” means any activity in which special

purpose weapons using compressed air or gas, specifically designed

to discharge frangible projectiles containing a colour dye used for

target marking or designation<

“possession” shall include carrying, holding, using,

controlling and#or having effective control of<

“premises” includes any appurtenance thereof<

“rare weapon” means any arm proper which is no longer

manufactured and the availability of which is so limited that it

makes it rare, including patent experimental models, certified as

such by the Commissioner after consultation with the Board<

“repeating firearm” means a firearm which, after a round has

been fired, is designed to be reloaded from a magazine or cylinder

by means of a manually-operated action<

“resident” means an individual ordinarily resident in a country,

and a person shall be deemed to be ordinarily resident in the country

indicated by the address appearing on an official document

establishing his place of residence, such as a passport or an identity

card<

“semi-automatic firearm” means a firearm which reloads

automatically each time a round is fired and which can fire only

one round with one pull on the trigger<

“short firearm” means any firearm with a barrel which is not

more than thirty centimetres long or with an overall length of not

more than sixty centimetres<

“single-shot firearm” means a firearm with no magazine which

is loaded before each shot by the manual insertion of a round into

the chamber or loading recess at the breech of the barrel<

“sporting activity” includes hunting, target shooting, and

paintball activity<

“target shooting” means any sport in which shooting sessions

involving firearms are held at approved indoor or outdoor ranges

but excludes hunting, as set out in this Act.

PART II – PROHIBITED ARMS PROPER AND

AMMUNITION

Without prejudice to the provisions of this Act,

(Article 5)

PART I – FIREARMS AND AMMUNITION SUBJECT TO A LICENCE

1. Semi-automatic or repeating short firearms with barrels not less than 9cm in

length

2. Semi-automatic or repeating long firearms with rifled barrels

3. Single shot short firearms

4. Single shot long firearms with rifled barrels

5. Long firearms with smoothbore barrels which are not less than 50cm in length

6. Muzzle-loading firearms other than replicas of pre-1900 single shot muzzle-

loading firearms

7. Firearms designed for alarm, signalling or lifesaving.

8. Airguns.

9. Essential components of firearms mentioned in this Part namely the breech

closing mechanism, the chamber and the barrel of a firearm which, being

separate objects, are included in the category of the firearms on which they

are or are intended to be mounted.

10. Ammunition not listed under Part I of Schedule I.

PART II - ARMS SUBJECT TO A LICENCE

1. Crossbows

2. Harpoons used only for underwater fishing

(a) the acquisition, possession for whatever purpose,

keeping or importation of the arms proper and ammunition referred

to in Schedule I to this Act shall be prohibited< and

(b) the manufacture, disposal under whatsoever title, hiring,

offering for sale or hire, or the lending or giving to a person of any

of the arms proper listed in Schedule I shall also be prohibited.

FIREARMS AND OTHER OBJECTS SUBJECT TO A DECLARATION

(Article 35(3))

PART I – FIREARMS

1. Firearms manufactured prior to 1900

2. Replicas of pre-1900 single shot muzzle loading firearms

3. De-activated firearms

4. Non-firing imitation firearms

PART II – OTHER OBJECTS

1. Edged weapons (such as swords, knives, bayonets and spears)

Passed by the House of Representatives at Sitting No. 294 of 20th July, 2005.

A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Notwithstanding the provisions of article 3, the Commissioner

may, in special circumstances, grant a licence for the acquisition,

possession or importation of any arms proper or ammunition listed in

Schedule I, if in his absolute discretion he considers that the issue of

such licence is necessary in the public interest or for the protection of

life and public security.

PART III - LICENCES

Licence to keep, possess, import or export firearms and

ammunition

(1) Without prejudice to the other provisions of this Act, no Licence to keep,

person shall keep in any premises or have in his possession, under his possess,

import firearms,

control or carry outside any premises or appurtenances any firearm or weapons and

ammunition.

ammunition listed in Schedule II to this Act, without a licence under

this Act.

(2) Without prejudice to the provisions of the Customs Cap. 37.

Ordinance or any other law, no person shall, without a licence or permit

from the Commissioner, import or bring into or export from Malta any

firearm or ammunition as is mentioned in the preceding sub-article>

Provided that when a firearm arrives in Malta no person shall

take possession thereof without prior approval by the Commissioner>

Provided further that the Commissioner may grant a temporary

permit for the export and, or importation of firearms and ammunition

as are mentioned in sub-article (1) under such conditions as he may

deem fit.

(3) (a) An application for a licence under this Part to keep

in any premises firearms or ammunition shall specify the premises where

the said firearms and ammunition are to be kept and the licence shall

only be granted on condition that the approved firearms and ammunition

are kept locked safely and separately within such premises and that

such fire arms be kept unloaded.

(b) A change in the approved premises shall be notified

to the Commissioner within fifteen days prior to the date of such change.

(4) (a) Saving the provisions of article 11(1), a licence to

a person to have in his possession, under his effective control or to

carry outside any premises or appurtenances any firearm, or ammunition

under article 5 (1) shall only be granted in order that the said firearm or

ammunition be used for sporting activities< and

(b) a licence to import or bring into Malta any firearm or

ammunition under article 5 (2) shall only be granted in order that the

said firearm or ammunition be used for sporting activities>

Provided that before issuing any licence as aforesaid for the purpose

of target shooting, the Commissioner shall ensure that shooting facilities

according to law are available in Malta for that purpose and may

moreover restrict the number of firearms which may be licensed as

aforesaid in the name of any one person.

Provided further that where a licence has been granted by the

Commissioner in relation to a sporting activity, such licence shall be

without prejudice to any other requirement or condition imposed under

any other law.

(5) The Commissioner may, in special circumstances grant

a licence to any person to keep a firearm listed in Schedule II and III for

purposes other than sporting activities if in his absolute discretion he

considers that the issue of such licence is necessary in the public interest

or for the protection of the life and security of persons.

(6)

Any firearm licensed under this article for target

shooting>-

(a) may only be carried during a sporting activity in a

licensed shooting range or facility, and to and from such range or

facility within such period of time, as may be prescribed, before

and after such sporting activity<

(b) shall be kept unloaded and secure when being carried

to and from a shooting range or facility as aforesaid.

(7) Where any voluntary offence under any law other than

this Act is committed by the holder of a licence under this Act by means

of any firearm licensed under this Part the punishment upon conviction

for the offence shall be increased by one to two degrees unless the law

already provides for the aggravation of the punishment where the offence

is committed by a firearm or arm proper.

Licence to keep or carry arms proper other than firearms

Saving the provisions of article 8 no person shall carry outside

any premises or appurtenance thereof, a knife or cutting or pointed

instrument of any description without a licence or permit from the

Commissioner.

The provisions of article 6 shall not apply with respect to any>-

(a) penknife with a blade protruding not more than 8

centimetres from the handle and which may reasonably be

considered to be carried for the purpose of making such use of it

as is the use for which a penknife is intended<

(b) knife used by any person for the purpose of the exercise

of his trade or for the purpose of his studies, or for diving purposes

where, having regard to the time, place, and other circumstances,

the court is satisfied that such knife was actually carried for such

purpose.

Notwithstanding the other provisions of this Act or of any Edged weapons

other law, no licence shall be required for the purpose of possessing or inside premises.

keeping inside any premises a knife or a cutting or pointed instrument

not being a prohibited weapon in terms of article 3 or for acquiring

such a knife or instrument for the same purpose.

Licence to operate indoor and outdoor ranges

No person shall operate a target shooting range without a Licence for

shooting range.

licence issued by the Commissioner who may issue such a licence

after consultation with the Board.

(1) The Commissioner may grant a permit in respect of a Permit for ad hoc

temporary ad hoc shooting range on the recommendation of the Board. range.

(2) The Minister may make regulations in respect of the

licensing of ranges.

Licence to acquire, keep or possess antique, artistic, historic or

rare weapons

(1) No person may possess for collection purposes any Licence for

Collector

firearm or arms proper which is antique, artistic, historic or rare, whether

or not considered to be a prohibited firearm or weapon under Schedule

I, unless he is in possession of the necessary licence>

Provided that no licence shall be issued for item 1 in Part I of

Schedule I to this Act unless such item is inert>

Provided further that any person licensed as a collector under this

article may be authorised under licence to keep a number of firearms,

to be prescribed under this Act, as those listed in Schedule II, even

though they are not deemed to be antique, artistic, historic or rare.

(2) The Commissioner may issue a licence under sub-article

(1) to any person upon the recommendation of the Board, provided that

such person>

(a)

satisfies the requirements of article 23 of this Act<

(b) has knowledge of the history and characteristics of such

firearms or weapons and of the ammunition used with respect

thereto<

(c) has complied with such other requirements as may be

prescribed by regulations regarding such knowledge as aforesaid

and regarding the secure storage of such weapons, firearms and

ammunition.

(3) Any licence issued under this article shall provide for

the inspection by any police officer not below the rank of Inspector, or

by any other police officer as may be authorised by him, of the firearm

or ammunition and of the premises in which such firearm and

ammunition is to be kept, which inspection shall be conducted according

to law and in accordance with regulations as may be prescribed.

Where any offence of a voluntary nature under any law other

than this Act is committed by a licensee under this Act by means of any

firearm licensed under article 11 the punishment upon conviction for

the offence shall be increased by one to two degrees unless the law

already provides for the aggravation of the punishment where the offence

is committed by a firearm or arm proper.

Transport or display

(1) A collector shall not transport or publicly display his

weapon collection or part thereof without an ad-hoc permit from the

Commissioner under such terms and conditions as the Commissioner

may deem fit.

(2) A licence under sub article (1) shall not be granted unless

the applicant proves to the satisfaction of the Commissioner that such

transport or display is solely intended for exhibition or re-enactment

purposes, and the necessary safety and security measures are

implemented.

Licence to act as dealers in arms proper

A person shall not carry out the trade or business of a dealer

without a licence issued by the Commissioner after consultation with

the Board provided that such person>

(a)

satisfies the requirements of Article 23 under this Act<

(b) satisfies the conditions laid down in Part V of this Act

and satisfies the Commissioner of his private and professional

integrity<

(c) where the applicant is a legal person, the Commissioner

must be satisfied of the private and professional integrity of its

directors, shareholders and any other persons who exercise direction

or control over the legal person. Any transfer of shares whether

inter vivos or causa mortis and, or appointment of directors shall

require the approval of the Commissioner<

(d) has complied with such other requirements as may be

prescribed by regulations or by the conditions of such licence

concerning knowledge about and secure storage of such weapons,

firearms and ammunition.

(1) Every person licensed under this section shall keep Register to be kept

a register showing the movement of any arm proper and ammunition by dealer.

and shall, on receiving or disposing of, under any title whatsoever, any

arm proper or ammunition, for whatever reason, make or cause to be

made an entry in the register specifying>

(a) the name, surname, identity card number, occupation

and place of residence of the person from whom the arms proper

or ammunition were received or to whom they are to be delivered<

(b) the number or quantity of arms proper or ammunition

and the date of their receipt or disposal<

(c) the description of the arms proper or ammunition, and

the type, make, model, calibre and serial number of any arm proper

and any modification thereto<

(d) the licence number of the person to whom the arm proper

or ammunition is transferred.

(2) The licensee shall retain and conserve the register for

as long as he so remains licensed, after which he shall be required to

deposit the said register with the Commissioner which register shall,

on the date of deposit, be duly signed by the licensee and countersigned

by the Commissioner or any officer authorised by him.

(3) Any police officer may at all reasonable times demand

inspection of the register, inspect any premises and stores of any dealer,

and check the entries above mentioned, in order to take account of the

stock in hand, and to ensure compliance with the duties and obligations

of the dealer under this article.

Licence to act as a gunsmith

(1) A person shall not carry out the trade or business of a

gunsmith without a licence issued by the Commissioner after

consultation with the Board.

(2) A licence under this article may only be issued if the

conditions provided in paragraphs (a) to (d), both inclusive, of article

14 have been satisfied.

(1) Every person licensed under Article 16(1) shall keep a

register showing the movement of arms proper and ammunition and

shall, on receiving or disposing under any title whatsoever of any arms

proper or ammunition, for whatever reason, make or cause to be made

an entry in the register specifying the details laid down in paragraphs

(a) to (d) both, inclusive, of article 15(1).

(2) The provisions of sub-articles (2) and (3) of article 15

shall mutatis mutandis apply in respect of a licence issued under article

16(1).

Auctioning of arms proper

(1) No auctioneer shall receive for auction any arm proper

or ammunition unless the owner thereof has obtained the necessary

permit or licence after having informed the Commissioner of such an

event, given the details of the person carrying out the auction and the

details of the auctioning and satisfied the Commissioner that the arms

proper shall be stored or displayed in a secure manner.

(2) The sale by auction of any arm proper or ammunition

shall be subject to the buyer having or acquiring the necessary licence

or permit under this Act.

(3) Where any arm proper or ammunition as aforesaid has

been sold by auction to a person, the auctioneer shall inform the

Commissioner of such fact and shall act as a witness on the appropriate

form to be submitted by the licensee to the Commissioner for such

transfer, licence or permit.

(4) The form shall be submitted to the Commissioner within

fifteen days from the end of the sale by auction and shall contain all

details of the proposed transfer and of the proposed purchaser as well

as the particulars of the arm proper or ammunition so as to enable their

identification, including in particular the type, make, model, calibre

and serial number of any firearm auctioned.

(5) Any arm proper or ammunition that is auctioned shall

not be delivered to the purchaser before he registers with the

Commissioner in terms of article 23 of this Act.

(6) Any arm proper or ammunition left unsold following

the auction shall be returned to the licensed owner and the Commissioner

shall be informed thereof.

PART IV - DEALING AND TRANSFERS IN ARMS PROPER

No dealer or other person shall sell or otherwise deal in, Dealings in

dispose or transfer under any title whatsoever any arms proper or transfers.

ammunition or keep or expose for sale or otherwise any such arms proper

or ammunition without a licence or permit from the Commissioner.

(1) No dealer or other person shall sell, transfer or deliver Transfer of

firearms, etc. to

under any title whatsoever any arm proper or ammunition to another unauthorised

person who does not hold a licence from the Commissioner for such persons.

arm proper or ammunition in terms of this Act.

(2) Any dealer or other person selling, transferring or

delivering any arm proper in terms of sub-article (1) shall keep a record

of such sale and shall inform the Commissioner of such sale, transfer or

delivery as the case may be within fifteen days from its occurrence.

No dealer or other person shall sell or deliver any knife or Prohibition to sell

knives to minors

other cutting or pointed instrument to any person who is under the age etc.

of eighteen years.

(1) The Commissioner may authorise the temporary transfer Temporary transfer

of arms proper,

of any arms proper or ammunition in accordance with regulations that firearms etc.

the Minister may prescribe from time to time.

(2) Without prejudice to the generality of sub-article (1) of

this article, any person who wishes to transfer any arm proper or

ammunition consequent to a change of residence, whether permanent

or temporary, may obtain the amendment of such permit or licence

provided the licensee gives prior notice of fifteen days of such intended

change.

PART V – GRANT, VALIDITY AND REVOCATION OF

LICENCES

Applicants for a licence

Without prejudice to the provisions of this Act, a licence

under this Act shall only be issued by the Commissioner to a person

(a)

is eighteen years of age or over< and

(b) is a Maltese national or is an exempt person under the

provisions of article 4(1)(b) to 4(1)(h), both inclusive, of the

Immigration Act< or

(c) holds a residence permit in terms of article 7(1) of the

Immigration Act< or

(d) enjoys freedom of movement in Malta in terms of the

Constitution of Malta< or

(e) is a person as specified in any regulations which the

Minister may from time to time prescribe.

(1) A licence under this Act shall not be issued to a person

who at any time during the five years immediately preceding the date

of his application for a licence has>-

(a)

been convicted of>-

(i) an offence involving violence or attempted or

threatened violence against the person< or

(ii) an offence under this Act< or

(iii) an offence of bodily harm with an arms proper or

other instrument or of taking up any arm proper or other

instrument against other persons< or

(iv) an offence of theft< or

(v) an offence against the laws relating to the

suppression of prostitution, white slave traffic or traffic of

persons< or

(vi)

an offence relating to trafficking in drugs< or

(vii) any other offence that the Minister may by

regulation prescribe from time to time>

Provided that, notwithstanding anything contained in the Probation

Act, for the purposes of this paragraph a person shall be deemed to Cap. 446.

have been convicted even if any of the provisions of the said Act may

have been applied in his regard< or

(b) has a history of>-

(i) drug dependence or abuse< or

(ii) of treatment for mental illness whether in a hospital,

mental institute, psychiatric clinic or otherwise, and whether

or not such person was confined to such a hospital, institute

or clinic where such mental illness is associated with the use

by such person of violence, or threatened or attempted use of

violence against another person.

(2) Notwithstanding the provisions of sub-article (1) a Minister’s special

licence under this Act may be granted by special authority of the Minister authorization.

in the circumstances provided in those sub-articles.

(1) A licence may be refused to any person in the interest Refusal to grant a

licence.

of public order or in the interest of the safety of such person or of the

general public.

(2) Any person aggrieved by a decision of the Commissioner

taken in accordance with the provisions of sub-article (1) may appeal to

the Minister within seven days from the notification in writing of the

refusal by the Commissioner and the Minister in the exercise of his

functions under this sub-article shall seek the advice of the Board. The

decision of the Minister shall be final and conclusive.

Special qualifications for certain licences

(1) A licence under this Act or under any regulations made Licence for target

shooting.

thereunder for the possession of any arms proper or ammunition for

the purpose of target shooting shall not be granted by the Commissioner

unless the applicant satisfies the conditions in Part III of this Act and

proves to the satisfaction of the Commissioner that he>-

(a) has successfully completed an approved firearms safety

course under the instruction of an approved qualified instructor or

an approved competent body and has successfully completed any

tests administered by such approved instructor or competent body<

and

(b) is registered with a licensed target shooting club, of

which he is a practising member.

(2) Any minor>

(a) under the age of eighteen years but not under the

age of sixteen years may, with the consent of the person

having legal authority over the minor, practice target shooting

with airguns, long firearms with smoothbore barrels and

muzzle-loading firearms on a licensed range<

(b) under the age of sixteen years but not under the

age of fourteen years may, with the consent of the person

having legal authority over the minor, practice such shooting

on such range with airguns only as may be prescribed under

this Act or by a firearm of a different kind referred to in

paragraph (a) as may be prescribed by regulations under this

Act. The Commissioner may impose such conditions as he

may deem fit for the practice of such shooting by such minors.

(3) Any shooting practice by any minor in accordance with

the provisions of subarticle (2) shall be carried out under a licence issued

by the Commissioner for that purpose and under the direct supervision

of a licensed Range Officer who shall be appointed by the club and

approved by the Commissioner after consultation with the Board.

(4) Notwithstanding the provisions of any other law, the

person giving his consent according to the provisions of subarticle (2),

shall be considered for all purposes of law to assume full civil and

criminal vicarious responsibility for all voluntary or involuntary acts or

omissions of the minor in breach of any of the provisions of this Act.

(5) The Commissioner may at any time cancel the licence

issued under this article if the licensee is no longer a practicing member

of the club.

(6) Any licence issued under this article may contain

restrictions on the movement of such firearms to and from a shooting

range as the Commissioner may deem fit.

Licence conditions

(1) Any licences issued in terms of this Act shall be subject Licence conditions.

to any conditions as the Commissioner may deem fit to impose, and the

licence shall indicate the conditions under which it shall be lawful for

the licence holder to acquire, transfer, keep or possess any firearm, arm

proper and ammunition.

(2) All licences issued in terms of this Act are to be

accompanied by a policy of insurance for third party risks as required

by regulations under this Act.

A licence authorising the holder to keep an arm proper in Licence to keep

firearms in

any premises shall also specify the description of the arm proper or premises.

ammunition for which the licence is issued, including in particular the

serial number and the manufacturer’s mark of the firearm or other

weapon in respect of which the licence is issued.

A licence to keep or possess firearms for sporting activities Purchase of

ammunition.

issued under this Act shall entitle the licensee to acquire or possess, in

accordance with the provisions of this Act or of any regulations made

thereunder, ammunition for the firearm he is authorised to keep or

possess under the licence.

Non-transferable nature of licence

A licence issued under this Act shall be personal to the Non-transferable

nature of licence.

licensee and shall not be transferable.

Validity, suspension and revocation of licences

Unless otherwise provided elsewhere in this Act, every Validity of a

licence granted by the Commissioner under this Act shall be valid for a licence.

period not exceeding twelve months to be reckoned from the first day

of January of the year in which it is issued and shall expire on the 31 st

December of that year.

Notwithstanding the provisions of this or any other law, the Suspension or

revocation of a

Commissioner may suspend or revoke a licence issued under this Act>- licence.

(a) where the licensee is convicted of any offence specified

in article 24 of this Act< or

(b) where the licensee ceases to satisfy the conditions laid

down in Part V of this Act< or

(c) where the licensee contravenes the provisions of this

Act or any regulation made thereunder< or

(d) for reasons of public or individual safety to be

specifically recorded and duly reported to the Minister.

It shall be lawful for the Minister to suspend or revoke any

Power of minister to

or all licences issued under the provisions of this Act, where conditions

affecting public safety arise in any part of Malta.

Grant of temporary licences

(1) Notwithstanding any other provision of this Act, a

Temporary licences.

temporary licence for sporting activities may be issued by the

Commissioner to a non-resident who>

(a)

is eighteen years of age or older< and

(b) produces documentary evidence that he is licenced to

possess a firearm for sporting activities in his country of residence

or is otherwise authorised to keep and carry such firearm in such

country< and

(c) proves to the satisfaction of the Commissioner that he

is in Malta for a sporting activity>

Provided that the Commissioner may authorise a non-resident who

is under the age of eighteen years but not under the age of sixteen years

to practice target shooting with airguns, long firearms with smoothbore

barrels and muzzle-loading firearms on a licensed range subject to such

terms and conditions as the Commissioner may deem fit and the

provisions of article 26 shall mutatis mutandi apply.

(2) A temporary licence issued under sub-article (1) shall

be limited to a sporting activity held in Malta under the provisions of

this Act.

PART VI - REGISTRATION OR DECLARATION

OF WEAPONS

(1) A museum or similar institution authorised to exhibit

any arms proper or ammunition shall register such firearms, arms proper

and ammunition with the Commissioner.

(2) No person shall keep in his possession or in any premises Registration

martial

or use any martial art weapon unless such weapon is registered with the arts’ weapons.

Commissioner in accordance with such regulations as may be prescribed

by the Minister under this Act.

(3) Notwithstanding any other provision of this Act no Declaration of

person shall keep in his possession or in any premises or use any of the certain firearms.

firearms listed under Part 1 of Schedule III to this Act unless such

possession or intended use has been declared in writing to the

Commissioner.

For the purposes of this Act or of any regulation made When firearm is

considered as

thereunder, a firearm shall be deemed to be deactivated if it has been deactivated.

rendered permanently unfit for use by the application of technical

procedures which are guaranteed by an official body designated by

regulations made under this Act or recognised by such a body in terms

of the same regulations>

Provided that if such recognition or guarantee is not forthcoming,

a firearm shall be presumed to be activated.

PART VII - HISTORICAL RE-ENACTMENTS

The use of antique weapons or their replicas in historical Weapons used in

historical re-

re-enactments shall, subject to the prior approval of the Commissioner, enactment.

be permitted.

Visitors to Malta shall be allowed to participate in historical Visiting foreigners

re-enactments on production of documentary evidence certifying them participating

historical re-

as members of a historical re-enactment organisation and in its absence enactment.

on production of documentation from the local organising body.

PART VIII - GENERAL EXEMPTIONS

Notwithstanding the other provisions of this Act>-

Exempted persons.

(a) no member of the Armed Forces of Malta, of the Malta

Police Force or of the Malta Prison Service shall be guilty of an

offence against this Act if such person is in possession of an arm

proper or ammunition in the course of his duties, and such arm

proper or ammunition belongs to the Government of Malta<

(b) the employees of dealers, gunsmiths or museums are

not required to be licenced under this Act for the purpose of

possession, exhibiting, storing, repairing, restoring or maintaining

specified arms, firearms or ammunition whilst on the licensed,

permitted or recognised premises of their employer but a general

licence for the purpose aforesaid as may be provided by the

provisions of this Act or of any regulations made thereunder shall

be sufficient.

The Minister may by regulation exempt other persons from

all or any provisions of this Act.

PART IX – MISCELLANEOUS

Relevant provisions relating to firearms, weapons and

ammunition

Any person acquiring or coming into possession of a firearm

or ammunition otherwise than in virtue of a licence, shall immediately

notify the Commissioner who shall direct whether such firearm or

ammunition shall be kept in the custody of the Police or of the person

giving the notice.

Where a person licensed to keep an arm proper or ammunition

dies, his apparent heirs or a custodian, being a person already licensed

under this Act and appointed by that person prior to his death, shall be

held legally responsible for the said arm proper or ammunition and

shall be deemed to be lawfully in possession of the said arm or

ammunition by virtue of the licence issued to the person who had died>

Provided that within a period of two years from the death of the

person who held the licence the heirs or the custodian, as the case may

be, shall>

(a) dispose of the arm or ammunition by transfering it to a

person licenced for the purpose< or

(b) deactivate the arm or deliver up the arm or ammunition

to the Commissioner>

Provided further that when such arm or ammunition is delivered

to the Commissioner, such arm and ammunition shall be sold by auction

under such regulations as may be made by the Minister>

Sohowever that the Minister may exempt in whole or in part from

the provisions of this article any category of arms proper or ammunition

as he may deem fit.

A licensee whose arm proper or ammunition, with respect Loss,

damage to firearm.

to which he is licensed, has been lost, stolen or damaged beyond repair

shall report such loss, theft or irreparable damage to the Commissioner

within twenty-four hours of discovering such loss, theft or irreparable

damage.

(1) All firearms not being antique , artistic, historical or Identification

marks.

rare firearms shall be durably marked with a serial number that permits

their identification and shall carry the manufacturer’s mark.

(2) Firearms which do not comply with the requirements of

sub-article (1) may not be licensed unless they are durably marked

according to regulations which may be issued under this Act.

(1) No person shall, without a licence from the Modification of a

firearm.

Commissioner, modify or attempt to modify a firearm in a way that the

classification of that firearm under this Act or under any regulation

made thereunder is changed.

(2) Any firearm which has been modified in a manner that

changes its classification under this Act or regulations made thereunder

without the necessary permit shall be deemed an unlicensed firearm.

Any person who is licensed to acquire trade or possess Accounting for

ammunition.

firearms for use in sporting activities shall keep a proper account of his

stock of ammunition in accordance with regulations made under this

Act.

Provisions relating to arms proper

(1) Any dealer or any other person licensed to acquire or Custody of arms

possess any arm proper or ammunition shall keep the same in his custody proper.

in such a way that it shall not fall into the hands of any other person.

(2) Regulations made under this Act may provide for the

custody of firearms, arms proper or ammunition.

It shall be lawful for any police officer to>-

Search and seizure

by Police.

(a) search any person reasonably suspected to be in

possession of any arms proper or ammunition without a licence

from the Commissioner< and, or

(b) seize any arm proper or ammunition which is acquired,

kept, possessed or used in contravention of this Act< and, or

(c) require any person who is known to have come into

possession of any arms proper or ammunition, otherwise than in

virtue of a licence under this Act, to deliver such arms proper or

ammunition to him.

PART X - WEAPONS BOARD

(1) There shall be a Board to be known as the Weapons

Board.

(2) The Board shall be composed of not less than nine

members and not more than eleven members who shall be appointed by

the Minister for a term of two years as follows>-

(a)

a Chairman<

(b) at least four members from the organisations which

represent arms collectors, persons knowledgeable in shooting,

sporting activities, or hunting<

(c) at least four members, who shall be public officers or

employees from body corporates established by law to represent

the government side.

(3) When any vacancy in the Board occurs the Minister

shall, as soon as practicable, appoint another person to fill the vacancy

in accordance with the provisions of sub-article (2).

(4) The quorum of the Board shall consist of the Chairman

and not less than half the members who are eligible to vote, but so long

as a quorum is present the Board may act notwithstanding any vacancy

among its members.

(5) The Chairman shall have an original vote and where

the votes are equally divided, a second or casting vote.

(6) The Minister may also designate a public officer to act

as secretary to the Board, but such secretary shall not have any voting

rights.

The functions of the Board shall be those assigned to it under

this or any other law. Furthermore it shall have the power to make

recommendations and to give its advice to>-

(a) the Commissioner on the importation and release from

customs and the registration of antique, historical, rare and artistic

weapons<

(b) the Commissioner on the issuing of licences to bona

fide weapons collectors, target shooters, range operators and

officers, dealers and gunsmiths<

(c) the Commissioner on the issue of permits for ad-hoc

events and re-enactments

(d) the Minister in terms of sub article (2) of article 25 of

this Act<

(e)

the Minister on prescribing any regulations under this

Act<

(f) the Minister or the Commissioner on any other matter

relevant to the provisions of this Act, whether of its own accord or

as may be referred to it by the Minister or the Commissioner.

PART XI - OFFENCES AGAINST THE ACT

(1) Any person who contravenes article 3 of this Act shall Offences against the

Act.

be guilty of an offence and shall be liable on conviction>-

(a) if the conviction relates to an arm proper, to

imprisonment from three months to ten years<

(b) if the conviction relates to ammunition, to a fine (multa)

of not less than one hundred liri (Lm100) and not exceeding five

hundred liri (Lm500).

(2) Any person who contravenes sub-article (1) of article 5

of this Act shall be guilty of an offence and shall on conviction be

liable to imprisonment for a term of not less than three months and not

exceeding five years>

Provided that where the conviction relates to possession of arms

proper or ammunition within premises, or where the infringement is

considered minor by the Court, and having regard to the quantity or

quality of the firearms or ammunition the Court is satisfied that they

were not so kept for sale or for some other kind of deal or in order to be

used unlawfully, the offender shall be liable to a fine (multa) of not less

than three hundred liri (Lm300) or to imprisonment for a term not

exceeding three months or to both such fine and imprisonment>

Provided further that where the conviction under article 5(1) relates

to the possession of a firearm outside any premises and the offence was

committed because of actual necessity of lawful self-defence or of the

lawful defence of another person, the offender shall not be liable to

punishment.

(3) Any person who contravenes or fails to comply with

sub-article (2) of article 5, sub-article (1) of article 14, or article 19 of

this Act, shall be liable on conviction to a term of imprisonment of not

less than six months and not exceeding five years.

(4) Any person who contravenes or fails to comply with

article 9, sub-article (1) of article 11, article 12, article 15, article 16

and article 17 or 20 of this Act, shall be guilty of an offence and shall

on conviction be liable to a fine (multa) of five hundred liri (Lm500) or

to a term of imprisonment not exceeding three months or to both such

fine and imprisonment.

(5) Any person who contravenes or fails to comply with

the provisions of article 18 of this Act shall be guilty of an offence and

shall on conviction be liable to a fine (multa ) of one thousand liri or to

a term of imprisonment not exceeding one year or to both such fine and

imprisonment.

(6) Any person who contravenes, sub-article (6) of article

5, sub-article (1) of article 13 or sub-article (2) of article 22 shall be

guilty of an offence and shall be liable on conviction to a fine (multa)

of one hundred liri (Lm100).

(7) Any person who contravenes article 6 or 21 of this Act

shall be guilty of an offence and shall on conviction be liable to a fine

(multa) of fifty liri (Lm50).

(8) Any person who contravenes any of the provisions of

Part VIII of this Act shall be guilty of an offence and shall on conviction

be liable to a fine (multa) of not less than one hundred liri (Lm100) or

to a term of imprisonment not exceeding six months, or to both such

fine and imprisonment.

(9) Any person who contravenes any provision of this Act

or any regulations made there under shall be guilty of an offence, and

unless a severer punishment is provided for under this Act or any other

law, shall be liable on conviction to a term of imprisonment not

exceeding three months or to a fine multa not exceeding three hundred

liri (Lm300) or to both such fine and imprisonment.

Any person holding a licence under any of the provisions of Carrying

different kind from

this Act who fails to comply with the terms of the licence or who is in that specified in

possession of or carries any firearm or ammunition not specified in licence.

such licence shall be guilty of an offence against the provisions of those

articles and shall be liable on conviction to a fine (multa) not less than

three hundred liri (Lm300) but not exceeding one thousand liri

(Lm1,000), or to imprisonment for a term of not less than three months

and not more than five years or to both such fine and imprisonment.

Any person who makes use of any licence issued to any other Prohibition to make

use of licences

person under the provisions of this Act, or of any licence which has belonging to others

ceased to be in force, or which has been suspended or revoked under etc.

this Act shall be guilty of an offence under this Act and shall be liable

on conviction to a fine (multa) not less than three hundred liri (Lm300)

but not exceeding one thousand liri (Lm1000), or to imprisonment for a

term of not less than three months and not more than five years, or to

both such fine and imprisonment.

(1) Any person licensed under this Act shall produce any Production of

licence.

licence or permit when required to do so by a police officer and if the

licence is not on his person at the time he shall produce his licence

within twenty four hours.

(2) A licence or permit to keep any firearm shall be always

kept on the premises where such firearm is kept.

(3) Whosoever contravenes the provisions of this article

shall be guilty of an offence and shall be liable on conviction to a fine

(multa) not exceeding one hundred liri (Lm100).

Saving any other provisions of the Criminal Code applicable Possession of

firearms during

to the keeping, carrying, use, acquisition or possession of firearms, any commission of

person who>-

offences.

(a) at the time of committing a crime against the safety of

the government or against the person (other than involuntary

homicide or involuntary bodily harm) or of theft or injury to

property (other than involuntary injury to property)< or

(b) at the time of being arrested for a crime,

has on his person any arm proper or ammunition or any imitation thereof,

shall be guilty of an offence and shall, on conviction, be liable to

imprisonment for a term not exceeding four years, unless he otherwise

proves that he was carrying the firearm or arm proper for a lawful

purpose.

The Court shall order the forfeiture of any arm proper or

ammunition kept or carried, acquired or possessed, imported or exported,

sold or transferred in contravention of the provisions of this Act as a

consequence of the punishment for such contravention.

Prohibition to hold a

The Court may cancel or suspend a licence issued under this

Act and prohibit a person from holding a licence under this Act for a

maximum period of five years where such person is found guilty of an

offence under this Act.

The alternative punishments provided for offences against

this Act shall be applied cumulatively in the case of a second or

subsequent conviction under the provisions of this Act or in the case of

offenders previously convicted of any of the offences referred to in

article 24 of this Act.

The provisions of article 121D of the Criminal Code shall

mutatis mutandis apply where a person is found guilty of an offence

against the provisions of this Act so however that the punishment to

which the body corporate shall be liable shall be that of a fine (multa)

from five hundred liri (Lm500) to ten thousand liri (Lm10,000).

The provisions of this Act shall not affect any criminal

proceedings that may be instituted under any other law.

Non-applicability of

The provisions of the Probation Act and of article 21 of the

Criminal Code shall not be applicable to any offence against any of the

provisions of this Act.

Notwithstanding the provisions of article 370 of the Criminal

Code, the Court of Magistrates (Malta) and the Court of Magistrates

(Gozo) shall be competent to try all offences against this Act.

Proceedings against any person for any offence against any

of the provisions of this Act shall be taken before the Court of Magistrates

(Malta) or Court of Magistrates (Gozo) as a Court of Criminal Judicature

in accordance with the provisions of the Criminal Code>

Provided that, notwithstanding the provisions of article 376 (1)(b)

of the Criminal Code, the Court shall, at the request of the prosecution

or of the accused, take down the evidence given by the witnesses in the

manner provided for either in article 391 (6) of the said Code or in any

law for the time being in force.

Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of

Criminal Appeal from any judgement given by the Court of Magistrates

(Malta) or (Gozo) in respect of proceedings arising out of the provisions

of this Act.

PART XII - POWER OF THE MINISTER TO MAKE

REGULATIONS

The Minister may, after consultations with the Board, make Minister’s powers

to make regulations

regulations to give effect to the provisions of this Act, and without

prejudice to generality of the foregoing, such regulations may in

particular>

(a)

regulate the temporary transfer of arms proper<

(b) establish other categories of persons that may qualify

for a licence under this Act, and the conditions under which they

may so qualify<

(c)

prescribe licence conditions and fees<

(d) prescribe the application forms for the application, grant,

renewal or variation of a licence under this Act<

(e) regulate the transfer or entry of arms proper and

ammunition to or from Malta without need of a licence subject to

such terms and conditions as the Minister may deem fit<

(f) make provision regarding ammunition, gunpowder and

primers<

(g) make provision for the registration of weapons used in

the martial art<

(h) amend the Schedules to this Act<

(i) prescribe any matter which is required to be prescribed

in terms of this Act<

(j) make provision for the possession, carrying and use of

any firearm or ammunition lawfully in the possession of any person

before the day of the coming into force of this Act<

(k) provide for the issue of licences to, or for the recognition

of licences or permits of whatever nature issued to, persons who

are citizens of a Member State, or for the exemption of such persons

from the requirement to acquire a licence under this Act>

Provided that for the purposes of this paragraph “citizen of a

Member State” means a citizen of a State, except Malta, which is a

party to the Treaty within the meaning of the European Union Act.

PART XIII - TRANSITORY AND FINAL PROVISIONS

(1) The Arms Ordinance is hereby repealed.

Ordinance, Cap. 66.

(2) The provisions of sub-article (1) shall not affect any

investigation, legal proceedings or remedy, in respect of breaches of

the Arms Ordinance arising before the coming into force of this Act.

(3) Any investigations, legal proceedings, or remedy as

referred to in sub-article (2) may be instituted, continued, or enforced

and any penalty, forfeiture or punishment to which a person may have

become liable before the coming into force of this Act may be ordered,

imposed or enforced, as if this Act had not come into force.

(1) Subject to the provisions of sub-paragraph (j) of

article 65, every licence validly issued under the Arms Ordinance

shall continue in force and shall continue to be valid and governed

by the provisions of the said Ordinance notwithstanding its repeal

by this Act.

(2) Subject to the provisions of sub-paragraph (j) of article

65, any person who on the day of the coming into force of this Act

keeps or possesses any arm proper or ammunition when such keeping

or possession was lawful under the Arms Ordinance repealed by this

Act but is prohibited under the provisions of this Act shall be entitled to

continue to keep or possess such arm proper or ammunition under the

provisions of the said Ordinance as if it had never been repealed by this

Act.

(3) Notwithstanding the repeal of the Arms Ordinance by

this Act all regulations made under the said Ordinance shall, until such

time as they are repealed or substituted by regulations made under this

Act, remain in force and continue to have effect as if made under this

Act except insofar as any such regulation is inconsistent with any of the

provisions of this Act.

A