ACT No. XXXVIII of 2018 AN ACT to amend the Arms Act, Cap. 480.

I assent.

(L.S.)

MARIE-LOUISE

COLEIRO PRECA

President

6th November, 2018

ACT No. XXXVIII of 2018

AN ACT to amend the Arms Act, Cap. 480.

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 authority of the same, as follows:-

(1) The short title of this Act is the Arms (Amendment) Act Short title and

2018, and this Act shall be read and construed as one with the Arms commencement.

Act, hereinafter referred to as "the principal Act".

(2) This Act shall come into force on such a date as the Minister

responsible for the Police may by notice in the Gazette establish, and

different dates may be so established for different provisions or

different purposes of this Act.

Article 2 of the principal Act shall be amended as follows

(a) immediately after the definition ''airgun'' there shall

be added the following new definition

'' ''alarm and signal weapons'' means devices with a

cartridge holder which are designed to fire only blanks,

irritants, other active substances or pyrotechnic signalling

rounds and which are not capable of being converted to

expel a shot, bullet or projectile by the action of a

combustible propellant;";

(b) the definition ''collector'' shall be substituted by the

following

'' ''collector'' means any natural or legal person

dedicated to the gathering and conservation of firearms,

essential components or ammunition for historical,

cultural, scientific, technical, educational or heritage

purposes, and who is licensed as such in terms of article

11;";

(c) the definition ''deactivated

firearm''

shall

be

substituted by the following

'' ''deactivated firearms'' means firearms that have

been rendered permanently unfit for use by deactivation in

accordance with Commission Regulation 2015/2403 and

any other relevant Commission instrument, ensuring that

all essential components of the firearm in question have

been rendered permanently inoperable and incapable of

removal, replacement or modification in a manner that

would permit the firearm to be reactivated in any way;";

(d) the definition ''dealer'' shall be substituted by the

following

'' ''dealer'' means any natural or legal person whose

trade or business consists wholly or partly of either of the

following

(a) the trade, exchange, hiring out, storage or

repair of firearms or essential components;

(b)

the trade or exchange of ammunition;";

(e) immediately after the definition ''dealer'' there shall

be added the following new definition

'' '' essential component'' means the barrel, the frame,

the receiver, including both upper and lower receivers,

where applicable, the slide, the cylinder, the bolt or the

breech block, which, being separate objects, are included

in the category of the firearms on which they are or are

intended to be mounted;'';

(f) the definition ''firearm'' shall be substituted by the

following

'' ''firearm'' means any portable barrelled weapon that

expels, is designed to expel or may be converted to expel a

shot, bullet or projectile by the action of a combustible

propellant, unless such item falls under Schedule III, items

1, 3 or 4.

An object shall be considered to be capable of being

converted to expel a shot, bullet or projectile by the action

of a combustible propellant if

(a)

it has the appearance of a firearm; and

(b) as a result of its construction or the

material from which it is made, it can be so

converted;";

(g) immediately after the definition ''historical weapon''

there shall be added the following new definitions

'' ''illicit manufacturing'' means the manufacturing

or assembly of firearms, their essential components and

ammunition

(a) from any essential component of such

firearms illicitly trafficked;

(b)

without an authorisation issued in

accordance with regulation 7A of the Firearms

and Ammunition (Movement in Member States

and Other Matters) Regulations by a competent

authority of the Member State where the

manufacture or assembly takes place; or

(c) without marking firearms at the time

of manufacture in accordance with regulation 7A

of the Firearms and Ammunition (Movement in

Member States and Other Matters) Regulations;

''illicit trafficking'' means the acquisition, sale,

delivery, movement or transfer of firearms, their

essential components or ammunition from or through

the territory of one Member State to that of another

Member State if any one of the Member States

concerned does not authorise such transfer in

accordance with applicable European Union legislation

or if the firearms, essential components or ammunition

are not marked in accordance with regulation 7A of the

Firearms and Ammunition (Movement in Member

States and Other Matters) Regulations;'';

(h) immediately after the definition ''Minister'' there

shall be added the following new definition

'' ''museum'' means a permanent institution in the

service of society and its development, open to the public,

which acquires, conserves, researches and exhibits

firearms, essential components or ammunition for

historical, cultural, scientific, technical, educational,

heritage or recreational purposes, and recognised as such

by the Superintendent of Cultural Heritage. A museum

open by appointment or access to which is subject to prior

identification shall be considered to be open to the

public;'';

(i) the definition ''resident'' shall be substituted by the

following

'' ''resident'' means a resident of the country indicated

by the address appearing on an official document showing

his place of residence, such as a passport or a national

identity card, which, on a check on acquisition or on

possession, is submitted to the Commissioner or to a

dealer. If a person's address does not appear on his passport

or national identity card, his country of residence shall be

determined on the basis of any other official proof of

residence recognised by the Commissioner;'';

(j) immediately after the definition ''resident'' there shall

be added the following new definition

'' ''salute and acoustic weapons'' means firearms

specifically converted for the sole use of firing blanks, for

use such as in theatre performances, photographic sessions,

film and television recordings, historical re-enactments,

parades, sporting events and training;'';

(k) the definition ''short firearm'' shall be substituted by

the following

'' ''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 with its

stock folded or removed if so provided;''; and

(l) immediately after the definition ''target shooting''

there shall be added the following new definition

'' ''tracing'' means the systematic tracking of firearms

and, where possible, their essential components and

ammunition from manufacturer to purchaser for the

purpose of assisting the competent authorities of Member

States in detecting, investigating and analysing illicit

manufacturing and illicit trafficking.".

Article 23 of the principal Act shall be amended as follows

Amendment of

article 23 of the

principal Act.

(a) in paragraph (b) thereof, immediately after the words

"Immigration Act; or" there shall be added the words "an EU or

EEA national resident in Malta; or";

(b)

paragraph (e) thereof shall be renumbered as

paragraph (f) and immediately after paragraph (d) there shall be

added the following new paragraph

"(e) is a resident in Malta and who has acquired a

firearm in another Member State, in accordance with the

legislation in that Member State, provided that such

firearm is legally permissible in terms of this Act; or";

(c) immediately after paragraph (f) as renumbered there

shall be added the following proviso

"Provided that persons granted an authorisation

in terms of paragraph (e) shall only be granted a Collector

Licence B so long as they do not qualify for a licence in

terms of the other paragraphs.".

Article 24 of the principal Act shall be amended as follows

Amendment of

article 24 of the

principal Act.

(a) in sub-article (1) thereof, immediately after

paragraph (b) there shall be added the following new paragraph

"(c) Whenever a person is sentenced to at least three

(3) years of effective imprisonment, he shall not be entitled

to apply for a licence in terms of this Act.";

(b) the proviso in sub-article (2) thereof, shall be

substituted by the following new proviso

"Provided further that for the purpose of this article, a

hunting licence issued in terms of the Hunting Licences

Regulations, shall be considered as a licence under this

Act.".

Immediately after article 31 of the principal Act there shall be

added the following new article

The Commissioner shall have in place a

monitoring system which shall ensure that the

conditions for granting of a licence are met throughout

the period covered by the licence and that, inter alia,

relevant medical and psychological information is

assessed.

All licences issued under this Act shall be reviewed

at intervals not exceeding five (5) years. The review

shall consist of a re-assessment of the conduct of the

individual concerned, a re-assessment of his medical

and psychological condition and a re-assessment as to

his participation in a club whenever necessary.".

6. Article 32 of the principal Act shall be substituted by the

Notwithstanding the provisions of this or any

other law, the Commissioner shall suspend or revoke a

licence issued under this Act

(a) where the licensee is convicted of any

offence specified in article 24; or

(b) where the licensee ceases to satisfy

the conditions laid down in Part V of this Act; or

(c) where the licencee no longer fulfils

the conditions for the granting of a licence.".

7. Immediately after article 32 of the principal Act, there shall

be added the following new article

Notwithstanding the provisions of this or any

other law, the Commissioner may suspend or revoke a

licence issued under this Act

(a) without prejudice to the provisions of

article 32, where the licensee contravenes the

provisions of this Act or any regulation made

thereunder; or

(b) for reasons of public or individual

safety to be specifically recorded and duly

reported to the Minister

Provided that for the purpose of this article, a

hunting licence issued in terms of the Hunting Licences

Regulations, shall be considered as a licence under this

Act.".

8. Sub-articles (2) and (3) of article 35 of the principal Act Amendment of

thereof shall be renumbered as sub-articles (3) and (4) respectively and article

principal Act.

immediately after sub-article (1) there shall be added the following

new sub-article

"(2) Museums that are to exhibit Schedule I firearms as

from the date of entry into force of this provision, may be

required to comply with the following conditions imposed by the

Commissioner. These conditions may include the same

conditions applicable to a Collector Licence A Special as well as

any additional security conditions as he deems necessary,

including the installation of alarms and other surveillance

systems. The Commissioner may also require 24 hours

surveillance of the premises.".

9. Article 36 of the principal Act shall be substituted by the Substitution of

article 36 of the

principal Act.

Firearms shall be deactivated in accordance

with Regulation (EU) 2015/2403 and any other

standards issued by the European Commission. A

firearm shall be registered as deactivated only if a

certificate by a recognised authority or entity in

accordance with article 3(4) of Regulation (EU) 2015/

2403, or any other relevant legislative instruments, has

been issued and submitted to the Commissioner.".

10. In sub-article (a) of article 39 of the principal Act, Amendment of

immediately before the words "no member" there shall be added the article

principal Act.

words "the Armed Forces of Malta, the Malta Police Force and, or the

Malta Prison Service may acquire any firearm for use within the

respective services.".

Passed by the House of Representatives at Sitting No. 155 of the 1st

November, 2018.

CLAUDETTE BUTTIGIEG

Deputy Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.90