Arms Licensing (Amendment) Regulations, 2018

L.N. 406 of 2018

ARMS ACT

(CAP. 480)

Arms Licensing (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 Arms Licensing

commencement.

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

and construed as one with the Arms Licensing 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.

Immediately after sub-regulation (2) of regulation 4 of the

principal regulations, there shall be added the following new sub-

regulation

"(3) An applicant must produce a valid medical certificate

attesting to his physical and psychological fitness for the

purposes of this regulation.".

Paragraph (a) of sub-regulation (1) of regulation 7 of the

principal regulation, shall be deleted.

In sub-regulation (b) of regulation 8 of the principal

regulations the words "Schedule I and" shall be deleted and

immediately after the words "access to them", there shall be added the

words "Arms and ammunition shall be stored separately.".

Immediately after regulation 8 of the principal regulations

there shall be added the following new title and new regulation

Collector Licence A Special

(1) A holder of a Collector Licence A who,

as at the date of entry into force of this provision, is in

possession of Schedule I firearms shall be eligible to a

Collector Licence A Special, provided that as at the time

of review of the said Collector Licence A, he shall meet

the requirements for the award of the Collector Licence A

Special, except for the condition in sub-regulation 2(a).

(2) (a) Any person who is in possession of a

Collector Licence A may apply for a Collector Licence A

Special after a period of two years, provided that he still

fulfils all the conditions for a Collector Licence A.

(b) An applicant must be a member of a

body or organization representing arms collectors

recognized by the Board and must have his

application endorsed by that body or organization.

(3) The Commissioner shall notify the applicant

of his decision within one month from receiving the

Board’s recommendation and shall issue the licence

where his decision is in favour of granting such a licence.

(4) (a) By virtue of this licence the licensee

shall be able to acquire, keep and dispose of any firearm

referred to in regulation 7(1).

(b) The licensee shall be entitled to acquire,

keep and dispose of any arms described under

Schedule I which are antique, historical, rare or

artistic.

(c) The licensee shall also be entitled to

acquire, keep and dispose of firearms under items

15 and 16 of Schedule I.

(d) The licensee shall also be entitled to

acquire, keep and dispose of any arms that may be

acquired, kept and disposed of by a holder of a

Collector Licence A.

(e) Any person who is in possession of this

licence as well as a Target Shooter Licence A issued

under Part III is entitled to carry to a licensed range

and use for target shooting activities any Schedule

II firearm held under this licence.

(f) Any person who is in possession of this

licence as well as a Target Shooter Licence A

Special issued under Part III of these regulations is

entitled to carry to a licensed range and use for

target shooting activities any firearm falling under

Schedule I, item 15.

(5) The licensee shall

(a) keep a detailed inventory showing every

movement or transfer of any arm or ammunition in

his possession or under his control;

(b) keep any arms and ammunition falling

under Schedule I and Schedule II of the Act under

lock and key in a secure area within his residence

and ensure that no one other than himself has access

to them. Arms and ammunition shall be stored

separately;

(c) adopt any specific additional security

measures that from time to time may be imposed by

the Commissioner as may be recommended by the

Board; and

(d) obtain his club’s endorsement as an arms

collector before the renewal of his licence.".

6. Regulation 11 of the principal regulations shall be

renumbered as sub-regulation (1) and immediately after sub-regulation

(1) as re-numbered, there shall be added the following new sub-

"(2) An applicant must produce a valid medical certificate

attesting to his physical and psychological fitness for the

purposes of this regulation.".

7. Immediately after sub-regulation (2) of regulation 17 of the

principal regulations, there shall be added the following new sub-

"(3) An applicant must produce a valid medical certificate

attesting to his physical and psychological fitness for the

purposes of this regulation.".

8. In sub-regulation (a) of regulation 20 of the principal

regulations the word "ten" shall be substituted by the word "twenty".

Immediately after regulation 21 of the principal regulations

there shall be added the following new title and new regulation

Target Shooter Licence A Special

(1) Any person in possession of a Target

Shooter Licence A may, after a period of at least 12

months in possession of such licence, apply for a Target

Shooter Licence A Special. Persons in possession of

firearms listed in item 15 of Schedule I, as at the date of

entry into force of this provision, shall be issued with a

Target Shooter Licence A Special provided that they still

fulfil conditions for a Target Shooter Licence A. These

persons shall subsequently be required to comply with all

the conditions applicable to Target Shooter Licence A

Special.

(2) The Target Shooter Licence A Special shall

authorize the licensee to possess, acquire and dispose of

firearms listed in regulation 20.

(3) Target Shooter Licence A Special shall also

authorize the licensee to possess, acquire and dispose of

firearms listed in item 15 of Schedule I, provided that the

limits set out in regulation 20 are respected.

(4) The Target Shooter Licence A Special shall

also authorise the licensee to possess, acquire and dispose

of firearms that may be owned, acquired and disposed of

by the holder of a Target Shooter Licence A.

(5) The remaining provisions applying to a Target

Shooter Licence A shall apply mutatis mutandis to the

present licence.

(6) An applicant shall provide proof that he is

actively practising for or participating in shooting

competitions recognised by an officially recognised

shooting sports organisation or by an internationally

established and officially recognised shooting sport

organisation, as identified by the Board. Such proof shall

include records of attendance to target shooting events,

sessions and training.

(7) An applicant shall also provide a certificate

from an officially recognised shooting sports

organisation, as identified by the Board, confirming that

(a) the target shooter is a member of a

shooting club and has been regularly practising

target shooting in it for at least 12 months; and

(b) the firearm in question fulfils the

specifications required for a shooting discipline

recognised by an internationally established and

officially recognised shooting sport federation.".

10. Immediately after sub-regulation (3) of regulation 23 of the

principal regulations there shall be added the following new sub-

regulation

"(4) An applicant must produce a valid medical certificate

attesting to his physical and psychological fitness for the

purposes of this regulation.".

11. Regulation 30 of the principal regulations shall be

renumbered as sub-regulation (1) and immediately after sub-regulation

(1) as re-numbered, there shall be added the following new sub-

regulation

"(2) An applicant must produce a valid medical certificate

attesting to his physical and psychological fitness for the

purposes of this regulation.".

12. Immediately after paragraph (f) of regulation 34 of the

principal regulations there shall be added the following new

paragraph

"(g) refuse to complete any transaction for the acquisition

of complete rounds of ammunition, or components of

ammunition, which he reasonably considers to be suspicious

owing to its nature or scale, and shall report any such attempted

transaction to the competent authorities.".

13. Regulation 36 of the principal regulations shall be

renumbered as sub-regulation (1) and immediately after sub-regulation

(1) as re-numbered, there shall be added the following new sub-

regulation

"(2) An applicant must produce a valid medical certificate

attesting to his physical and psychological fitness for the

purposes of this regulation.".

14. Regulation 43 of the principal regulations shall be

renumbered as sub-regulation (1) and immediately after sub-regulation

(1) as re-numbered, there shall be added the following new sub-

regulation

"(2) An applicant must produce a valid medical certificate

attesting to his physical and psychological fitness for the

purposes of this regulation.".

15. Regulation 49 of the principal regulations shall be Amends

renumbered as sub-regulation (1) and mmediately after sub-regulation regulation

the principal

(1) as re-numbered, there shall be added the following new sub- regulations.

regulation

"(2) An applicant or applicants must produce a valid

medical certificate attesting to his/their physical and

psychological fitness for the purposes of this regulation.".

16. Regulation 55 of the principal regulations shall be Amends

renumbered as sub-regulation (1) and immediately after sub-regulation regulation

the principal

(1) as re-numbered, there shall be added the following new sub- regulations.

regulations

"(2) An applicant must produce a valid medical certificate

attesting to his physical and psychological fitness for the

purposes of this regulation.

(3) Any person who intends to operate a range in

accordance with sub-regulation (1) shall obtain the endorsement

of the owner of the site.".

17. Regulation 61 of the principal regulations shall be Amends

renumbered as sub-regulation (1) and immediately after sub-regulation regulation

the principal

(1) as re-numbered, there shall be added the following new sub- regulations.

regulation

"(2) An applicant must produce a valid medical certificate

attesting to his physical and psychological fitness for the

purposes of this regulation.".

18. Regulation 64 of the principal regulations shall be Substitutes

regulation 64 of

substituted by the following

the principal

regulations.

"64. The licensee shall attend refresher courses organised

by any club recognised by the Weapons Board for this purpose at

least once every five years.".

19. Immediately after paragraph (e) of regulation 73 of the Amends

principal regulations, there shall be added the following new regulation

the principal

paragraph

regulations.

"(f) a valid medical certificate attesting to his physical

and psychological fitness for the purposes of this regulation.".

20. In the definition "qualifications" in regulation 83 of the

principal regulations, the words "Collector Licence" shall be

substituted by the words "Collector Licence A Special".

21. Regulation 93 of the principal regulations shall be amended

as follows

(a) in sub-regulation (1) thereof, the words "Police Force" shall

be substituted by the word "Commissioner";

(b) sub-regulation (2) thereof shall be substituted by the

following

"(2) That data-filing system shall record all information

relating

to firearms which is needed in order to trace and

identify those firearms, including

(a) the type, make, model, calibre and serial number of

each firearm and the mark applied to its frame or receiver as a

unique marking in accordance with sub-regulation (1), which

shall serve as the unique identifier of each firearm;

(b) the serial number or unique marking applied to the

essential components, where that differs from the marking on the

frame or receiver of each firearm;

(c) the names and addresses of the suppliers and of the

persons acquiring or possessing the firearm, together with the

relevant date or dates; and

(d) any conversions or modifications to a firearm leading

to a change in its category or subcategory, including its certified

deactivation or destruction and the relevant date or dates.";

(c) immediately after sub-regulation (2)thereof there shall be

added the following new sub-regulations

"(3) The Commissioner shall ensure that the record of

firearms and the essential components, including the related

personal data, is retained in the data-filing systems for a period

of 30 years after the destruction of the firearms or essential

components in question.

The records of firearms and essential components referred

to in sub-regulation (1) and the related personal data shall be

capable of being accessed

(a)

by the Commissioner for a period of 10 years

after the destruction of the firearm or the essential

components in question; and

(b) by the national authorities competent for the

prevention, investigation, detection or prosecution of

criminal offences or the execution of criminal penalties, for

a period of 30 years after the destruction of the firearm or

the essential components in question.

The Commissioner shall ensure that the personal data are

deleted from the computerised data-filing systems upon expiry

of the periods specified in the second and third sub-regulations.

This is without prejudice to cases in which specific personal data

have been transferred to a national authority competent for the

prevention, investigation, detection or prosecution of criminal

offences or the execution of criminal penalties and are used in

that specific context, or to other national authorities competent

for a compatible purpose. In those cases, the processing of such

data shall be regulated by the Data Protection Act and the Cap. 586.

relevant European Union Law.

(4) The Commissioner shall ensure that dealers

established in Malta report transactions involving firearms or

essential components without undue delay, that dealers have an

electronic connection to the Police for such reporting purposes

and that the data-filing systems are updated as soon as possible

upon receipt of information concerning transactions involving

firearms or essential components.".

Immediately after regulation 95 of the principal regulations Adds new

regulations to

there shall be added the following new regulations

the principal

regulations.

96. The Commissioner shall ensure that, in cases

"Acquisition

by means of

involving the acquisition of firearms, essential

distance

components or ammunition classified in Schedules I, II or

contract.

III by means of distance contracts as defined in regulation

2 of the Consumer Rights Regulations, the identity and

the authorisation of the purchaser of the firearm, essential

components or ammunition are checked upon delivery to

that person by a representative of the Commissioner.

97. Target shooting clubs shall provide

Provision of

information booklets or information sessions to their

or

members concerning the safe storage of smokeless

powder and blackpowder, as applicable. Such booklets or

sessions shall, in particular, focus on appropriate storage

locations and safe packaging. Moreover, target shooting

clubs shall also raise awareness of good practices relating

to the loading of cartridges.".

€0.81