Other Matters) (Amendment) Regulations, 2018

L.N. L.N.

392 of 392

of 2018

ARMS ACT

(CAP. 480)

Firearms and Ammunition (Movement in Member States and

Other Matters) (Amendment) Regulations, 2018

IN EXERCISE of the powers conferred by article 65 of the

Arms Act, the Minister responsible for the Police has made the

following regulations:-

(1) The title of these regulations is the Firearms and Citation and

Ammunition (Movement in Member States and Other Matters) commencement.

(Amendment) Regulations, 2018, and these regulations shall be read

and construed as one with the Firearms and Ammunition (Movement S.L. 480.01

in Member States and Other Matters) Regulations, hereinafter

referred to as "the principal regulations".

(2) These regulations 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 these regulations.

Regulation 7A of the principal regulations shall be Amends

regulation 7A of

amended as follows

the principal

regulations.

(a) sub-regulation (1) thereof shall be substituted by the

following

"(1) The unique marking referred to in sub-regulation (1)

shall include the name of the manufacturer or brand, the country

or place of manufacture, the serial number and the year of

manufacture, if not already part of the serial number, and the

model where feasible. This shall be without prejudice to the

affixing of the manufacturer's trademark. Where an essential

component is too small to be marked in compliance with this

regulation, it shall be marked at least with a serial number or an

alphanumeric or digital code

Provided that no such marking shall be required for

items falling under Schedule II, Part I, items 7 and 8, Schedule

II, Part II and Schedule III, excluding item 2

Provided further that no such marking shall be

required for antique, artistic, historical or rare firearms, as well

as other firearms deemed by the Weapons Board to be

unsuitable for such marking.";

(b) sub-regulation (4) thereof shall be substituted by the

following

"(4) Firearms transferred from government stocks to

civilian use shall be marked with the name of the transferring

entity, MPF MT, for arms transferred from the Police Force,

AFM MT, for arms transferred from the Armed Forces of Malta,

and CF MT for arms transferred from the Malta Prison Service.

The year of transfer of the firearms from government to civilian

use shall also be marked

Provided that no such marking shall be required for

items falling under Schedule 2, Part 1, items 7 and 8, Schedule

2, Part 2 and Schedule 3 excluding item 2 of the Act

Provided further that no such marking shall be

required for antique, artistic, historical or rare firearms, as well

as other firearms deemed by the Weapons Board to be

unsuitable for such marking.";

(c) sub-regulations (1), (2), (3) and (4) thereof shall be

renumbered as sub-regulations (2), (3), (4) and (5) respectively and

immediately preceding sub-regulation (2) as renumbered there shall

be added the following new sub-regulation

"(1) With respect to firearms manufactured or imported

in Malta from outside the European Union on or after 14

September 2018, it shall be ensured that any such firearm, or

any essential component, placed on the market has been

(a) provided with a clear, permanent and unique

marking without delay after manufacture and at the latest

before its placement on the market, or without delay after

its importation in Malta from outside the European Union;

and

(b) registered in compliance with this Act

without delay after manufacture and at the latest before its

placement on the market, or without delay after its

importation in Malta from outside the European Union.".

Regulation 9 of the principal regulations shall be amended

as follows

(a) sub-regulation (4) thereof shall be substituted by the

B

following

"(4) The firearms pass issued to historical re-enactors

shall authorise the following firearms classified in Category C

of the Firearms Directive (EU) 2017/853, namely

(a) Repeating long firearms excluding repeating

and semi-automatic long firearms with smoothbore barrels

that are 60 cm in length or less;

(b)

long firearms with single shot rifled barrels;

(c) Rimfire and centre-fire semi-automatic long

firearms whose loading device and chamber can together

hold not more than 3 rounds;

(d) single shot short firearms with rim fire

percussion whose overall length is not less than 28cm;

(e)

deactivated firearms;

(f)

single shot long firearms with smoothbore

barrels.";

(b) sub-regulations (5) and (6) thereof shall be renumbered as

sub-regulations (9) and (10) respectively and immediately after sub-

regulation (4) there shall be added the following new sub-regulations

"(5) The firearms pass issued to hunters shall authorise

the following firearms classified in Category C of the Firearms

Directive, namely

(a) Repeating long firearms excluding repeating

and semi-automatic long firearms with smoothbore barrels

that are 60 cm in length or less;

(b) Rimfire and centre-fire semi-automatic long

firearms whose loading device and chamber can together

hold not more than 3 rounds;

(c)

single shot long firearms with smoothbore

barrels.

(6) The firearms pass issued to target shooters shall

authorise the following firearms classified in Category A, B and

C of the Firearms Directive, namely

(a)

firearms in Schedule I that may be acquired

by holders of a Target Shooter A Special Licence;

(b)

firearms in Schedule II excluding item 8;

(c)

firearms in Schedule III;.

(7) Provided that applicants in relation to sub-

regulations (4), (5) and (6) are

(a) in possession of a European firearms pass

listing such firearm or firearms; and

(b) are able to substantiate the reasons for their

journey, in particular by producing an invitation or other

proof of their hunting, target shooting or historical re-

enactment activities in the Member State of destination.

(8) Sub-regulations 4, 5 and 6 shall not apply to

journeys to a Member State that, either prohibit the acquisition

and possession of the firearm in question or make it subject to

authorisation. In that case, an express statement to that effect

shall be entered on the European firearms pass. Member States

may also refuse the application of this derogation in the case of

firearms classified in Schedule I Part I item 15.".

€0.36