Member States and other Matters) Regulations, 2004

L.N. 56 of 2004

ARMS ORDINANCE

(CAP. 66)

Firearms and Ammunition (Movement in

Member States and other Matters) Regulations, 2004

IN exercise of the powers conferred by article 31 of the Arms

Ordinance, the Minister for Justice and Home Affairs has made the

following regulations>-

The title of these regulations is the Firearms and

Ammunition (Movement in Member States and other Matters)

Regulations, 2004 and they shall come into force on the 1st May,

2004.

(Regulation 9)

FIREARMS PASS

The pass shall include the following sections>

(a)

identity of the holder<

(b) identification of the arm or firearm, including a reference to the

category within the meaning of the Council Directive 91#447#EEC of 18 June

1991 on Control of the acquisition and possession of weapons<

(c)

period of validity of the pass<

(d) section for use by the Member State issuing the pass (type and

references of authorizations)<

(e) section for entries by other Member States (authorizations to enter

territory)

(f)

the statements>

“The right to travel to another Member State with one or more of

the firearms in categories B, C or D mentioned in the pass shall be subject

to one or more prior corresponding authorizations from Member State

visited. This or these authorizations may be recorded on the pass.

The prior authorization referred to above is not in principle necessary

in order to travel with a firearm in categories B, C or D for the purpose of

taking part in target shooting or hunting, on condition that the traveller is

in possession of the firearms pass and can establish the reason for the

journey.”.

Where a Member State has informed the other Member States, in accordance

with Article 8 (3) of the Directive, that the possession of certain firearms in

categories B, C or D is prohibited or subject to authorization, one of the following

statements shall be added>-

“A journey to ……………… (State(s) concerned) with the firearm

…………………………(identification) shall be prohibited.”, or

“A journey to …………………… (State(s) concerned) with the firearm

………………………… (identification) shall be subject to authorization”.

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

In these regulations, unless the context otherwise requires>

“ammunition” means that ammunition required for use in

a firearm<

“the Commissioner” means the Commissioner Police<

“Member States” are those states which are members of

the European Union as on the date of the coming into force of

these regulations<

“firearm” has the same meaning assigned to it by article 2

of the Ordinance, but for the purposes of these regulations shall

be limited to black powder guns, air weapons fifteen foot pound

maximum calibre and shotguns<

“Firearms Pass” is equivalent to a licence in terms of the

Ordinance and such pass shall be applicable as between Member

States, containing such information as is listed in Schedule I

hereof<

“the Ordinance” means the Arms Ordinance<

“possession”, for the purposes of these regulations, is the

right of a non-resident national of a Member State to keep, carry

and use a firearm in Malta for the purpose indicated in the

Firearm Pass.

(1) A licence may be issued by the Commissioner to a Licence

by non-resident

national of a Member State residing in a Member State other than nationals of

Malta, for the acquisition of a firearm or ammunition, for export to Member States.

the applicant’s country of residence provided such national>-

a. fulfils the conditions for the acquisition of a licence

under the Ordinance<

b. obtains authorization for the acquisition of the firearm

or ammunition from his country of residence<

c. submits to the Commissioner all requested details

including the details listed in regulation 5(1) of these regulations

on the prescribed form.

(2) The Commissioner shall, prior to authorising the

acquisition of a firearm or ammunition for transfer to another

Member State under articles 3 and 4 of the Ordinance, examine all

conditions for transfer, in particular with respect to security.

(1) A licence may be issued by the Commissioner to a Licence for

possession of

national of a Member State residing in a Member State other than firearms in Malta

Malta for the possession of that firearm or ammunition in Malta, by a non-resident

national of a

provided such national>

Member State.

a.

fulfils the conditions for a licence under the Ordinance<

b. submits to the Commissioner a written declaration

testifying to, and justifying his intention to, possess the firearm

or ammunition in Malta.

(2) Where a licence for the acquisition and possession

of firearm or ammunition is issued in terms of this regulation, the

Commissioner shall inform the applicant’s country of residence.

(1) An application for a licence under articles 3 and 4 of Transfer of

firearms to

the Ordinance for the transfer of a firearm or ammunition to a Member States.

Member State shall include the following details>-

a. the names and addresses of the person selling or

disposing of the firearm or ammunition and of the person

purchasing or acquiring it or, where appropriate, of the owner<

b. the address to which the firearm or ammunitions are

to be consigned or transported<

c.

the number of firearms to be consigned or transported<

d. the particulars enabling the firearm or ammunition to

be identified and also an indication that the firearm has

undergone a check in accordance with the Convention of the

1st July, 1969 on the Reciprocal Recognition of Proofmarks on

Small Arms<

e.

the means of transfer<

f.

the date of departure and the estimated date of arrival.

(2) Before issuing the licence, the Commissioner shall

examine the conditions under which the transfer is to be carried out,

in particular with respect to security.

(3) The Commissioner shall forward all information

received by him pursuant to regulation 5(1) hereof, to the Member

State of destination and, where applicable, to the Member State of

transit, prior to the transfer.

(1) The Commissioner may grant a licence to a dealer

licensed under the Ordinance authorising the dealer to transfer

firearms or ammunition to dealers in other Member States without

applying for a licence under articles 3 and 4 of the Ordinance.

(2) A licence under articles 3 and 4 may, for the purposes

of these regulations, be issued for a maximum period of three years

and may be suspended or revoked on reasonable grounds by the

Commissioner at any time.

(3) The Commissioner shall notify dealers licensed under

the Ordinance, with a list of firearms and ammunition notified to it

by the other Member States, which list shall indicate the firearms

and ammunition that can only be transferred to these Member States

with their prior authorisation.

(4) A dealer shall submit the information referred to in

regulation 5(1) (a) to (f) to the Commissioner prior to the transfer of

a firearm to another Member State in terms of this regulation.

(5) The Commissioner shall forward all information

received by him pursuant to paragraph (4) hereof to the Member

State of destination or where applicable to the Member State of

transit, prior to the transfer.

Notwithstanding article 4 of the Ordinance, a licence to Importation

firearms from

import a firearm or ammunition into Malta from another Member another Member

State.

State shall not be required where>-

a. the transfer is licensed by the competent authority of

the Member State from where the firearm or ammunition is

transferred<

b. the transfer takes place between a dealer established

in a Member State and a local dealer, and the former is licensed

by the competent authority in his state to transfer firearms to

other dealers in Member States, without requiring specific

authorisation for such transfer>

Provided that the aforementioned licences issued by the

competent authorities of the Member State from where the firearm

or ammunition is to be transferred, shall in the case of a transfer

under regulation 7(a) contain all the details listed in regulation 5(1),

whilst in the case of transfers under regulation 7(b), they shall contain

the details referred to in regulation 5(l) (a) to (f)>

Provided further that the licence authorising its transfer

accompanies the firearm or ammunition transferred to Malta.

(1) The Commissioner shall have the right to request Commissioner’s

right to inspect

inspection of all licences accompanying firearms and ammunition licences.

transferred to or from Malta in accordance with these regulations.

(2) The Commissioner shall have the right to prohibit a

transfer of a firearm to or from Malta where a licence is not so

produced.

(1) The Commissioner shall, on an application made to Firearms Pass.

him on the prescribed form, issue a Firearms Pass to a licence holder

licensed under the Ordinance.

(2) The Firearms Pass shall be valid for a period of five

years from date of issue but may be further extended for another

period of five years.

(3) The Firearms Pass shall contain the basic information

set out in Schedule I hereof.

(4) When a Firearms Pass is issued with respect to a

firearm that is prohibited by a Member State, or requires prior

authorization of a Member State for its possession in such Member

State, and the Commissioner has been duly notified of such

prohibition or requirement for prior authorisation, a statement to

this effect shall be included in the said pass.

(5) A Firearms Pass shall be non-transferable and must

always be in possession of the person using the firearm to which the

Firearm Pass relates.

(6) Changes in the possession or characteristics of

firearms indicated on a Firearm Pass, as well as the loss or theft of

such firearm shall always be indicated on the Firearms Pass.

Marksmen and hunters shall not require a licence under

the Ordinance with respect to any firearms or ammunition brought

into Malta and to be used for target shooting or hunting, provided

they are in possession of a European Firearms Pass that is validly

issued and generally contains the information referred to in Schedule

I, and provided further they are able to substantiate the reasons for

their presence in Malta by producing an invitation for participation

in a target shooting or hunting activity>

Provided that the Commissioner has been informed of, and has

consented to, the holding of such activity.

(1) These regulations shall not apply to firearms other than

black powder guns, air weapons fifteen foot pound maximum calibre

and shotguns and ammunition relating to such firearms.

(2) Notwithstanding the provisions of these Regulations,

the Commissioner may require that a licence be obtained under the

Ordinance for the entry or transfer to Malta of specific firearms and

ammunition that the Commissioner may indicate from time to time.

Any person found guilty of infringing any of these

regulations shall be liable to the penalty listed in article 26 of the

Ordinance.

Any licence which, after the coming into force of these

regulations, is issued to a person to act as a dealer in arms proper

other than firearms, including a renewal of the licence in terms of

subarticle (3) of article 4 of the Ordinance, shall keep the books

mentioned in subarticle (2) of article 7 thereof for a minimum period

of five years even if the dealer renounces to or loses the licence,

provided that the provisions of this regulation shall be deemed to

have been complied with if the said books are, on such renunciation

or loss, delivered to the Commissioner for safe-keeping, in which

case the Commissioner shall keep the said books for the period

mentioned herein.