Chapter 480
Fil-qosor
Din il-liġi tirregola l-armi, billi tirrevoka u terġa' tidħol fis-seħħ il-liġi preċedenti b'emendi. Hija tistabbilixxi regoli dwar l-akkwist, il-pussess, l-importazzjoni, l-esportazzjoni u l-manifattura ta' armi u munizzjon.
X'tirregola
- Il-projbizzjoni ġenerali ta' ċerti armi u munizzjon.
- Il-ħtieġa ta' liċenzji għall-pussess, iż-żamma, l-importazzjoni jew l-esportazzjoni ta' armi tan-nar u munizzjon.
- Il-kundizzjonijiet għaż-żamma ta' armi tan-nar fil-bini.
- L-użu ta' armi tan-nar liċenzjati għal attivitajiet sportivi.
Min jikkonċerna
- Kull persuna li tixtieq takkwista, tippossjedi, iżżomm, timmanifattura, timporta jew tesporta armi jew munizzjon.
- Negozjanti (dealers), armieri (gunsmiths), kolletturi (collectors), u klabbs (clubs) li jittrattaw l-armi.
Punti ewlenin
- L-akkwist, il-pussess, iż-żamma jew l-importazzjoni ta' armi u munizzjon elenkati fl-Iskeda I huma pprojbiti.
- Il-manifattura, ir-rimi, il-kiri, l-offerta għall-bejgħ jew kiri, jew is-self ta' armi elenkati fl-Iskeda I huma wkoll ipprojbiti.
- L-armi tan-nar u l-munizzjon elenkati fl-Iskeda II ma jistgħux jinżammu jew jiġu pposseduti mingħajr liċenzja.
- L-armi tan-nar liċenzjati għall-isparar fil-mira jistgħu jinġarru biss waqt attività sportiva f'medda tal-isparar liċenzjata jew faċilità, u lejn u minn tali medda jew faċilità.
Legal text
ARMS 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 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 ''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. 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 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. Special authorization. PART III LICENCES Licence to keep, possess, import or export firearms and ammunition 5.
- 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.
- 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.
- 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 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. 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.
- 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.
- 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.
- 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 (
- 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.
- 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. 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.
- 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 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
- 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
- 25.
- 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.
- 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 practice of such shooting by such minors.
- 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.
- 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
- 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
- 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. Monitoring system. Added by: XXXVIII.2018.
- 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
- 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.
- 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 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.
- 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 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.
- 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.
- 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.
- 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 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.
- 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).
- 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
- 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
- 54.
- 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. 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. 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. ARMS Competent court. 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. 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
- 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 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. PART XIII TRANSITORY AND FINAL PROVISIONS 66.
- a)short firearms which allow the firing of more than 21 rounds without reloading, if: (
- i)a loading device with a capacity exceeding 20 rounds is part of that firearm; or (
- ii)a detachable loading device with a capacity exceeding 20 rounds is inserted into it; (
- b)long firearms which allow the firing of more than 11 rounds without reloading, if: (
- i)a loading device with a capacity exceeding 10 rounds is part of that firearm; or (
- ii)a detachable loading device with a capacity exceeding 10 rounds is inserted into it. 16. Semi-automatic long firearms, meaning firearms that are originally ARMS intended to be fired from the shoulder that can be reduced to a length of less than 60 cm without losing functionality by means of a folding or telescoping stock or by a stock that can be removed without using tools. 17. Any firearm in this category that has been converted to firing blanks, irritants, other active substances or pyrotechnic rounds or into a salute or acoustic weapon. 18. Loading devices for centre-fire semi-automatic firearms in item 15 which can hold more than 20 rounds or more than 10 rounds in the case of long firearms,only if owned in combination with such firearms into which they may be inserted. PART II - PROHIBITED ARMS 1. Flick knives 2. Gravity knives 3. Butterfly knives 4. Knuckle dusters 5. Catapults 6. All forms of tear gas 7. Stun Guns 8. Edged weapons disguised as other objects, except for weapons manufactured prior to 1946. SCHEDULE II (Article 5) Amended by: L.N. 76 of 2013; L.N. 208 of 2015; L.N. 209 of 2015; L.N. 393 of 2018. PART I - FIREARMS AND AMMUNITION SUBJECT TO A LICENCE 1. Semi-automatic or repeating short firearms 2. Semi-automatic or repeating long firearms with rifled or smoothbore barrels. 3. Single shot short firearms 4. Single shot long firearms with rifled barrels 5. Long firearms with smoothbore barrels which are not less than 45cm in length. 6. Muzzle-loading firearms other than replicas of pre-1900 single shot muzzleloading firearms 7. Fire arms manufactured to exclusively fire blank shots. 8. Airguns. 9. Essential components of firearms mentioned in this Part namely the breech closing mechanism, the chamber and the barrel of a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted. 10. Ammunition pertaining to firearms in this Schedule. PART II - ARMS SUBJECT TO A LICENCE 1. Crossbows with a peak pulling weight over 60 pounds and bows with a peak ARMS pulling weight over 60 pounds SCHEDULE III (Article 35
- FIREARMS AND OTHER OBJECTS SUBJECT TO A DECLARATION
- Firearms manufactured prior to 1900, and designed to be loaded with ammunition as defined in the Act.
- Replicas of pre-1900 single shot muzzle loading firearms
- De-activated firearms
- Firearms designed for alarm, signalling or life-saving