Chapter 480

[ CAP. 480. ARMS 1 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. 1. The short title of this Act is the Arms Act. Short title. PART I GENERAL 2. 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; Interpretation. Amended by: L.N. 426 of 2012; XXXVIII.2018.2. ''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 Cap. 9. 2 [ CAP. 480. ARMS 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; ARMS [ CAP. 480. ''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 S.L. 480.01 S.L. 480.01 L.S. 480.01. 3 4 [ CAP. 480. ARMS 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 General prohibition. . 3. 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. ARMS [ CAP. 480. 4. 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. 5 Special authorization. PART III LICENCES Licence to keep, possess, import or export firearms and ammunition 5. (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. Licence to keep, possess, export or import firearms, weapons and ammunition. (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: Cap. 37. 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 6 [ CAP. 480. ARMS 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 Licence to carry knives. 6. 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. Exemptions to article 6. 7. any: The provisions of article 6 shall not apply with respect to (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. ARMS [ CAP. 480. 8. 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. 7 Edged weapons inside premises. Licence to operate indoor and outdoor ranges 9. 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. Licence for shooting range. 10. (1) The Commissioner may grant a permit in respect of a temporary ad hoc shooting range on the recommendation of the Board. Permit for ad hoc range. (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 11. (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 Licence for collector. 8 [ CAP. 480. ARMS according to law and in accordance with regulations as may be prescribed. Aggravated offences. 12. 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. Transport or display of weapons. 13. (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 reenactment purposes, and the necessary safety and security measures are implemented. Licence to act as dealers in arms proper Licence to dealer. 14. 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. Register to be kept by dealer. Amended by: L.N. 426 of 2012. 15. (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; ARMS [ CAP. 480. 9 (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 16. (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. Licence to gunsmith. (2) A licence under this article may only be issued if the conditions provided article 14(a) to (d) have been satisfied. 17. (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). Register to be kept by gunsmith. (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 18. (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. Auctioning arms proper. 10 [ CAP. 480. ARMS (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 Dealings in transfers. 19. 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. Transfer of firearms, etc., to unauthorised persons. 20. (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. Prohibition to sell knives to minors, etc. 21. 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. Temporary transfer of arms proper, firearms, etc. 22. (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 Persons who may request a licence. Amended by: XXXVIII.2018.3. 23. 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 ARMS [ CAP. 480. (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. 11 Cap. 217. Cap. 217. 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. 24. (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: Disqualification. Amended by: VII. 2010.64; XXXXVIII.2018.4. (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 Cap. 446. 12 [ CAP. 480. ARMS 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. Minister’s special authorization. (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: S.L.10.39. 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. Refusal to grant a licence. Amended by: XXI of 2020. 25. (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 Licence for target shooting. 26. (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 that he (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 ARMS [ CAP. 480. 13 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 27. (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. Licence conditions. (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. 28. 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. Licence to keep firearms in premises. 29. 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. Purchase of ammunition. Non-transferable nature of licence 30. A licence issued under this Act shall be personal to the licensee and shall not be transferable. Non-transferable nature of licence. Validity, suspension and revocation of licences 31. 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. Validity of a licence. 14 [ CAP. 480. Monitoring system. Added by: XXXVIII.2018.5. ARMS 31A. 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. Suspension or revocation of a licence. Substituted by: XXXVIII.2018.5. Suspension or revocation of a licence. Added by XXXVIII.2018.7. S.L.10.39. 32. 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. 32A. 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. 33. 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 Temporary licences. Amended by: XXII. 2016.2. 34. (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: ARMS [ CAP. 480. 15 Provided that the Commissioner may authorise a nonresident 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 35. (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. Arms proper kept by museum. Amended by: XXXVIII.2018.8. (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. Registration of martial arts’ weapons. (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. Declaration of certain firearms. 36. 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. When firearm is considered as deactivated. PART VII HISTORICAL RE-ENACTMENTS Substituted by: XXXVIII.2018.9. 16 [ CAP. 480. ARMS Weapons used in historical reenactment. 37. The use of antique weapons or their replicas in historical re-enactments shall, subject to the prior approval of the Commissioner, be permitted. Visiting foreigners participating in historical reenactment. 38. 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 Exempted persons. Amended by: XXXVIII.2018.10; L.N. 201 of 2020. Other exemptions. 39. 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, pepperspray 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. 40. 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 Duty of person coming into possession of firearms. 41. 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. Death of licence holder. 42. 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 ARMS [ CAP. 480. 17 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. 43. 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. Loss, theft or damage to firearm. 44. (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. Identification marks. (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. 45. (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. Modification of a firearm. (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. 46. 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. Accounting for ammunition. Provisions relating to arms proper 47. (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 Custody of arms proper. 18 [ CAP. 480. ARMS custody of firearms, arms proper or ammunition. Search and seizure by Police. 48. 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 Weapons Advisory Board. 49. (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. Functions of the Board. Amended by: XXI of 2020. 50. 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 ARMS [ CAP. 480. 19 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 51. (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. Offences against the Act. Amended by: L.N. 427 of 2007. 20 [ CAP. 480. ARMS (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 thirtytwo 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. Carrying arms of a different kind from that specified in licence. Amended by: L.N. 427 of 2007. 52. 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. Prohibition to make use of licences belonging to others, etc. Amended by: L.N. 427 of 2007. 53. 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. Production of licence. Amended by: L.N. 427 of 2007. 54. (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. ARMS [ CAP. 480. 21 (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 ninetyfour cents (232.94). 55. 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, Possession of firearms during commission of offences. Cap. 9. 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. 56. 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. Forfeiture of arms. 57. 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. Prohibition to hold a licence. 58. 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. Second or subsequent convictions. 59. 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). Offences by a company or body unincorporate. Amended by: L.N. 427 of 2007. Cap. 9. 60. The provisions of this Act shall not affect any criminal proceedings that may be instituted under any other law. Other criminal proceedings. 61. 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. Non-applicability of Probation Act and of article 21 of the Criminal Code. Cap. 446. Cap. 9. 22 [ CAP. 480. ARMS Competent court. Cap. 9. 62. 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. Court of Magistrates as Court of Criminal Judicature. Cap. 9. 63. 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. Right of appeal. 64. 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 Minister’s powers to make regulations. 65. 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 ARMS [ CAP. 480. 23 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. Cap. 460. PART XIII TRANSITORY AND FINAL PROVISIONS 66. (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. 67. (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 mad …