ARMS ACT (preamble—armsact)

ARMS

CHAPTER 480

ARMS ACT

To repeal and re-enact with amendments the law relating to arms.

15th August, 2006

ACT XIV of 2005, as amended by Legal Notice 427 of 2007; Act VII of

2010; Legal Notices 426 of 2012, 76 of 2013, 208, 209 of 2015; and Act

XXII of 2016, Legal Notices 151 of 2017,301 of 2017 , 77 of 2018, 393 of

2018. and 201 of 2020 and ActsXXXVIII of 2018 and XXI of 2020.

The short title of this Act is the Arms Act.

PART I

GENERAL

Amended by

L.N. 76 of 2013

(Article 3)

L.N. 151 of 2017;

L.N. 301 of 2017;

L.N.77 of 2018;

L.N. 393 of 2018.

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. (Deleted by L.N. 76 of 2013)

6. Long firearms with smoothbore barrels which are less than 45 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.

14. Any non-essential component or accessory intended specifically to increase

the rate of fire of semi-automatic or other firearms, such as but not limited to, bump-

stocks.

15. (a) short firearms which allow the firing of more than 21 rounds without

reloading, if

(i)

a loading device with a capacity exceeding 20 rounds is part of

that firearm; or

(ii) a detachable loading device with a capacity exceeding 20 rounds

is inserted into it;

(b) long firearms which allow the firing of more than 11 rounds without

reloading, if

(i) a loading device with a capacity exceeding 10 rounds is part of

that firearm; or

(ii) a detachable loading device with a capacity exceeding 10 rounds

is inserted into it.

16. Semi-automatic long firearms,

meaning firearms that are originally

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intended to be fired from the shoulder that can be reduced to a length of less than 60

cm without losing functionality by means of a folding or telescoping stock or by a

stock that can be removed without using tools.

17. Any firearm in this category that has been converted to firing blanks,

irritants, other active substances or pyrotechnic rounds or into a salute or acoustic

weapon.

18. Loading devices for centre-fire semi-automatic firearms in item 15 which can

hold more than 20 rounds or more than 10 rounds in the case of long firearms,only if

owned in combination with such firearms into which they may be inserted.

PART II - PROHIBITED ARMS

1. Flick knives

2. Gravity knives

3. Butterfly knives

4. Knuckle dusters

5. Catapults

6. All forms of tear gas

7. Stun Guns

8. Edged weapons disguised as other objects, except for weapons manufactured

prior to 1946.

In this Act, unless the context otherwise requires

"airgun" means a short firearm or long firearm respectively, the

discharge of which is made by means of air or gas compression;

''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;

"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 1st

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

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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;

"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;

"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 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;

"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;

'' 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;

"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;

"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;

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''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 theFirearms 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;

"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;

''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;

"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

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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 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

o f a n y o t h e r o ff i c i a l p r o o f o f r e s i d e n c e r e c o g n i s e d b y t h e

Commissioner;

''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;

"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 with its stock folded or removed if so provided;

"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.

''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.

PART II

PROHIBITED ARMS PROPER AND AMMUNITION

Amended by

L.N. 76 of 2013;

(Article 5)

L.N. 208 of 2015;

L.N. 209 of 2015;

L.N. 393 of 2018.

PART I - FIREARMS AND AMMUNITION SUBJECT TO A LICENCE

1. Semi-automatic or repeating short firearms

2. Semi-automatic or repeating long firearms with rifled or smoothbore 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 45cm in length.

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

loading firearms

7. Fire arms manufactured to exclusively fire blank shots.

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 pertaining to firearms in this Schedule.

PART II - ARMS SUBJECT TO A LICENCE

1. Crossbows with a peak pulling weight over 60 pounds and bows with a peak

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pulling weight over 60 pounds

Without prejudice to the provisions of this Act -

(a) the acquisition, possession for whatever purpose,

keeping or importation of the arms proper and

ammunition referred to in Schedule I 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.

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Amended by

L.N. 76 of 2013

(Article 35(3))

L.N. 151 of 2017;

L.N. 393 of 2018.

FIREARMS AND OTHER OBJECTS SUBJECT TO A DECLARATION

1. Firearms manufactured prior to 1900, and designed to be loaded with

ammunition as defined in the Act.

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

3. De-activated firearms

4. Firearms designed for alarm, signalling or life-saving

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

under his control or carry outside any premises or appurtenances

any firearm or ammunition listed in Schedule II, without a licence

under this Act.

(2) Without prejudice to the provisions of the Customs

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

subarticle

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 subarticle (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.

(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

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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 a lready provides for the a ggravation 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.

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Notwithstanding the other provisions of this Act or of any

other law, no licence shall be required for the purpose of possessing

or 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 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

temporary ad hoc shooting range on the recommendation of the

Board.

(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

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 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 subarticle (1)

to any person upon the recommendation of the Board, provided that

such person

(a) satisfies the requirements of article 23;

(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

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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 a lready provides for the a ggravation of the

punishment where the offence is committed by a firearm or arm

proper.

(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 subarticle (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;

(b) satisfies the conditions laid down in Part V 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 article shall keep a

register showing the movement of any arm proper and ammunition

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, a legally valid identification

document 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;

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(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 article 14(a) to (d) 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

article 15(1)(a) to (d).

(2) The provisions of article 15(2) and (3) 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.

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(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.

(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,

dispose or transfer under any title whatsoever any arms proper or

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

under any title whatsoever any arm proper or ammunition to

another person who does not hold a licence from the Commissioner

for such 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 subarticle (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

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

age of eighteen years.

(1) The Commissioner may authorise the temporary

transfer of any arms proper or ammunition in accordance with

regulations that the Minister may prescribe from time to time.

(2) Without prejudice to the generality of subarticle (1), 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

who

(a) is eighteen years of age or over; and

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(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 an EU or EEA national

resident in Malta; 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 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

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

Minister may from time to time prescribe.

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.

(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 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

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use by such person of violence, or threatened or

attempted use of violence against another

person.

(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.

(2) Notwithstanding the provisions of subarticle (1) a licence

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

in the circumstances provided in those subarticles

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.

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

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 Administrative Review Tribunal within seven days

from the notification in writing of the refusal by the Commissioner.

Special qualifications for certain licences

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

thereunder for the possession of any arms proper or ammunition for

t h e p u r p o s e o f t a rg e t s h o o t i n g s h a l l n o t b e g r a n t e d b y t h e

Commissioner unless the applicant satisfies the conditions in Part

III of this Act and proves to the satisfaction of the Commissioner

(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

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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 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

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

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

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

licensee and shall not be transferable.

Validity, suspension and revocation of licences

Unless otherwise provided elsewhere in this Act, every

licence granted by the Commissioner under this Act shall be valid

for a 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 31st December of that year.

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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.

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 licencePower of Minister to suspend

or revoke licences.

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.

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

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 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 licensed 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

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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 mutandis apply

Provided further that the Commissioner may authorise a

non-resident who is under the age of sixteen years but not under the

age of fourteen years to practise target shooting with airguns only

or by a firearm of a different kind referred to in paragraph (c) as

may be prescribed by regulations under this Act. Such shooting on

a licensed range is subject to such terms and conditions as the

Commissioner may deem fit and the provisions of article 26 shall

mutatis mutandis apply.

(2) A temporary licence issued under subarticle (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) 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.

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

use any martial art weapon unless such weapon is registered with

the Commissioner in accordance with such regulations as may be

prescribed by the Minister under this Act.

(4) Notwithstanding any other provision of this Act no person

shall keep in his possession or in any premises or use any of the

firearms listed under Part 1 of Schedule III unless such possession

or intended use has been declared in writing to the Commissioner.

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.

PART VII

HISTORICAL RE-ENACTMENTS

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The use of antique weapons or their replicas in historical

re-enactments shall, subject to the prior approval of the

Commissioner, be permitted.

Visitors to Malta shall be allowed to participate in

historical re-enactments on production of documentary evidence

certifying them as members of a historical re-enactment

organisation and in its absence on production of documentation

from the local organising body.

PART VIII

GENERAL EXEMPTIONS

Notwithstanding the other provisions of this Act -

(a) 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. 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 Detention Service may acquire pepper-spray, pepper-

spray launchers and similar equipment designed to spray

pepper. No member of the Detention Service shall be

guilty of an offence against this Act if such person is in

possession of such equipment in the course of his duties

and such equipment belongs to the Government of Malta;

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

not required to be licensed 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

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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 transferring it to

a person licensed 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

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

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

subarticle (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

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

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

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

custody 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

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custody of firearms, arms proper or ammunition.

It shall be lawful for any police officer to -

(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 subarticle (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

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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 on prescribing any regulations under this

Act;

(e) 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 shall 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 two hundred and thirty-two

euro and ninety-four cents (232.94) and not exceeding

one thousand and one hundred and sixty-four euro and

sixty-nine cents (1,164.69).

(2) Any person who contravenes article 5(1) 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 six hundred and ninety-eight

euro and eighty-one cents (698.81) 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 article

5(2), article 14(1), or article 19 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, article 11(1), article 12, article 15, article 16 and article 17 or 20

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

fine (multa) of one thousand and one hundred and sixty-four euro

and sixty-nine cents (1,164.69) or to a term of imprisonment not

exceeding three months or to both such fine and imprisonment.

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

provisions of article 18 shall be guilty of an offence and shall on

conviction be liable to a fine (multa) of two thousand and three

hundred and twenty-nine euro and thirty-seven cents (2,329.37) or

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

fine and imprisonment.

(6) Any person who contravenes article 5(6), article 13(1) or

article 22(2) shall be guilty of an offence and shall be liable on

conviction to a fine (multa) of two hundred and thirty-two euro and

ninety-four cents (232.94).

(7) Any person who contravenes article 6 or 21 shall be guilty

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

one hundred and sixteen euro and forty-seven cents (116.47).

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

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

be liable to a fine (multa) of not less than two hundred and thirty-

two euro and ninety-four cents (232.94) 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 six

hundred and ninety-eight euro and eighty-one cents (698.81) or to

both such fine and imprisonment.

Any person holding a licence under any of the provisions

of this Act who fails to comply with the terms of the licence or who

is in possession of or carries any firearm or ammunition not

specified in 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 six hundred and ninety-eight euro and

eighty-one cents (698.81) but not exceeding two thousand and

three hundred and twenty-nine euro and thirty-seven cents

(2,329.37), 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 person under the provisions of this Act, or of any licence

which has ceased to be in force, or which has been suspended or

revoked under this Act shall be guilty of an offence under this Act

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

hundred and ninety-eight euro and eighty-one cents (698.81) but

not exceeding two thousand and three hundred and twenty-nine

euro and thirty-seven cents (2,329.37), 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

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.

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(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 two hundred and thirty-two euro and ninety-

four cents (232.94).

Saving any other provisions of the Criminal Code

applicable to the keeping, carrying, use, acquisition or possession

of firearms, any person who -

(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.

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.

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 one thousand and one hundred and sixty-four

euro and sixty-nine cents (1,164.69) to twenty-three thousand and

two hundred and ninety-three euro and seventy-three cents

(23,293.73).

The provisions of this Act shall not affect any criminal

proceedings that may be instituted under any other law.

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.

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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

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

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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 repeal of the Arms Ordinance (repealed by this

Act) 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.

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

referred to in subarticle (1) 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 article 65(j), 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 article 65(j), 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.

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