FIREARMS PRACTICE PERMITS FOR MINORS REGULATIONS

FIREARMS PRACTICE PERMITS FOR MINORS

SUBSIDIARY LEGISLATION 480.03

FIREARMS PRACTICE PERMITS FOR MINORS

REGULATIONS

6th June, 2008

LEGAL NOTICE 144 of 2008.

The title of these regulations is the Firearms Practice

Permits for Minors Regulations.

(1)

In these regulations, unless the context otherwise

requires

"the Act" means the Arms Act;

"the Board" means the Weapons Board constituted and appointed

in accordance with article 49 of the Act;

"the Commissioner" means the Commissioner of Police;

"Kunsill Malti g]all-Isport" means the Council set up in terms of

article 4 of the Sports Act;

"legal guardian" means and includes both or either parent or

tutor as established by the Civil Code;

"minor", for the purposes of these regulations, means exclusively

a person under sixteen years of age but over fourteen years of age.

(2) Terms, words and phrases used in these regulations and

which are also used in the Act shall have the same meaning as is

assigned to them by article 2 of the Act.

The Commissioner may issue a permit in terms of these

regulations, for the practice of shooting with airguns, long firearms

with smooth bo re bar rels and m uzzle-loading fir earms o n a

licensed shooting range, by minors.

An application for the issue of a permit to a minor as

granted by these regulations shall be filed by the legal guardian on

behalf of the minor concerned.

(1) A permit under these regulations shall not be granted

by the Commissioner unless the applicant satisfies the following

conditions and proves to the satisfaction of the Commissioner that

the minor -

(a) is a Maltese national or is an exempt person under the

provisions of article 4(1)(b) to (h) of the Immigration

Act; or

(b) holds a residence permit in terms of article 7(1) of the

Immigration Act; or

(c) enjoys freedom of movement in Malta in terms of the

provisions of the Constitution.

(2) In addition to the conditions specified in subregulation (1),

the applicant must prove to the satisfaction of the Commissioner

FIREARMS PRACTICE PERMITS FOR MINORS

that the minor -

(a) has the consent of the person or persons having legal

authority over him; and

(b) 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

(c) is registered with a licensed target shooting club, of

which he is a practising member.

(3) The application must be approved in writing by the Kunsill

Malti g]all-Isport.

(1) A permit under these regulations shall not be issued in

r es p e ct o f a m i n o r wh o , a t a n y t i m e d u r i n g t h e f i v e y e a r s

immediately preceding the date of an application for a permit on

his behalf

(a) has been convicted of

(i)

an offence involving violence or attempted or

threatened violence against the person; or

(ii) an offence under the Act or these regulations; or

(iii) an offence of bodily harm with an arm 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 as may by regulations be

prescribed by the Minister under the Act

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.

For the purpose of this article, the period of five years

shall commence to run from the date of the expiration

of punishment or condition or from the date of the

payment of the fine;

(b) or has a history of

(i) drug dependence or abuse; or

(ii) 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

use by such person of violence, or threatened or

attempted use of violence against another

FIREARMS PRACTICE PERMITS FOR MINORS

person.

A permit 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.

Any person aggrieved by a decision of the Commissioner

taken in accordance with the provisions of regulations 6 or 7 may

appeal to the Minister within seven days from the notification in

writing of such refusal by the Commissioner, and the Minister

shall, in the exercise of his functions under this regulation, seek the

advice of the Board. The decision of the Minister shall be final and

conclusive.

A permit issued under these regulations shall only

authorise the practice of shooting on a shooting range and shall not

in any manner authorise the carrying or use of any weapon outside

licensed ranges by the minor.

It shall be an offence for a minor to practice target shooting

without the requisite permit under these regulations, and it shall

also be an offence through vicarious liability incumbent upon the

parent or legal guardian and the range licensee and the organiser of

such event and any other person in terms of the Interpretation Act.

The Commissioner may subject the granting of a permit

under these regulations to any conditions he may deem appropriate

in the circumstances including the requirement of a third party

insurance policy binding on the range or the organiser of the event.

The applicable fee for the issuing of a permit under these

regulations shall be that for the issuing of a target shooting licence

made by regulations under the Police Licences Act.