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Maltese Laws |
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; and Act VII
of 2010.
PART I
GENERAL
"airgun" means a short firearm or long firearm respectively, the discharge of which is made by means of air or gas compression;
"ammunition" means the assembled components of a cartridge, n a mel y the sh ot or bu ll et , case pri m er and p r op
el lant fo r an y 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;
"amm un it io n wit h exp l o s iv e p r o j ect il es" means ammu ni t i o n 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 p rop er" shall have t he same m eanin g assi gned to i t by article 64 of the Cr im in al Co de and shall include a fire arm 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 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 a person who is licensed as such in terms of
Short title.
Interpretation.
Cap. 9.
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 firearm" means a firearm which has been rendered permanently unfit for use and certified as such as set out
in this Act;
"dealer" means any person whose trade or business consists wholly or in part in the purchase, sale, importation, export,
display, assem b ly, maintenance, storag e, transportation, shipping, distribution, delivery, exchange or hiring of any firearm or
arms proper including ammunition, and/or in the possession with intent to sell, import, export, display, assemble, maintain, store,
transport, ship, distribute, deliver, exchange and/or hire of any firearm or arms proper including ammunition;
"firearm" includes a firearm of any description and any other k i nd of gun from which any sh ot, bu llet or missil e can
be discharged and the barrel, breech and receiver thereof;
"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;
"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;
" m artial art weapon" me ans a n y wea p on 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;
"paint ball activity" means any activity in which special purpose weapons using comp ressed air o r gas, specifical l y
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;
" r a r e weapon" me ans any arm p r op er w h ich i s no l o ng er m anufactur ed and the avail ab ility of wh ich is so
lim ited t hat it makes it rare, including patent experimental models, certified as 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 an individual ordinarily resident in a country, and a perso n shal l be deemed to be ordi naril y resident
i n the country indicated by the address appearing on an official document establishing his place of residence, such as a passport
or an identity card;
"semi-autom a tic firearm" m e ans 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" m eans any firearm with a barrel which i s not more than thirty centimetres long or with an overall length
of not more than sixty centimetres;
"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 act i vity " includes hun ting, tar g et sh ooting , 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.
PART II
PROHIBITED ARMS PROPER AND AMMUNITION
(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.
PART III
LICENCES
Licence to keep, possess, import or export firearms and ammunition
(2) Without prejudice to the provisions of the Customs
General prohibition.
Special authorization.
Licence to keep, possess, export or import firearms, weapons and ammunition.
Cap. 37.
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:
Provided that when a firearm arrives in Malta no person sh all t a k e p o ssessi on t h ereo f wi th ou t prio r ap prov al by t
h e Commissioner:
Provided further that the Commissioner may grant a temporary permit for the export and, or importation of firearms and
am m uni tio n as are m e nti oned in sub a rti c le (1) un der 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 safe ly 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 cont ro l or to
carry ou tside an y premises or app u rten ances any firearm, or ammuniti on und er 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 p urp ose of t arget shoo tin g, th e Com m issi oner shal l en su re
t hat 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
f o r pur poses ot her than spor ting acti v iti es if in his abso lute 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
o f any f i rearm l i censed u nder th is Part the p unishment upo n conviction for the offence shall be increased by one to two
degrees u n less t h e law already provides for the agg r avat ion of the punishment where the offence is committed by a firearm
or arm proper.
Licence to keep or carry arms proper other than firearms
(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.
Licence to carry knives.
Exemptions to article 6.
Licence to operate indoor and outdoor ranges
10. (1) The Commissioner may grant a permit in respect of a temporary ad hoc shooting range on the recommendation of the Board.
(2) The Minister may make regulations in respect of the licensing of ranges.
Edged weapons inside premises.
Licence for shooting range.
Permit for ad hoc
range.
Licence for collector.
Licence to acquire, keep or possess antique, artistic, historic or rare weapons
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
o f f i r ear m s , to b e pr escr ib ed un der th is Act , as th ose li ste d in Schedu le II , even th ou gh th ey are not d e
emed to b e an ti qu e, 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 according to law and in accordance with regulations as m ay be
prescribed.
Aggravated offences.
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 Comm ission er un der such terms and con d it ion s as th e 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 re- e n ac tme n t purposes, and the nece ssary sa fe ty and security
measures are implemented.
Licence to act as dealers in arms proper
(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.
Licence to dealer.
(a) the name, surname, identity card 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;
(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 depo si t the sai d regi st er wit h t he C om mi ssi oner wh ich reg ister 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.
Register to be kept by dealer.
Licence to gunsmith.
Licence to act as a gunsmith
(2) A licence under this article may only be issued if the conditions provided article 14(a) to (d) have been satisfied.
Register to be kept by gunsmith.
Auctioning arms proper.
Dealings in transfers.
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).
(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
(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 so ld by auction t o a person, the aucti oneer shal l inform th e
Commis sioner of such fac t and shall act as a witnes s on the appropriate form to be s u bm i tted b y th e licensee to
the Commissioner for such transfer, licence or permit.
(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 deliv ered to t h e pur ch aser before h e r e gi ster s with
th e Commissioner in terms of article 23.
(6) Any arm proper or ammunition left unsold following the auction shall be returned to t h e li censed ow ner an d the
Commissioner shall be informed thereof.
PART IV
DEALING AND TRANSFERS IN ARMS PROPER
p r oper o r ammuni tio n witho u t a licen ce o r permit from the
Commissioner.
(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.
Transfer of firearms, etc., to unauthorised persons.
(2) Without prejudice to the generality of subarticle (1), any person wh o wi shes to t r ansfer an y arm p r o p e r or amm u ni ti on co nsequent to a change of resid e nce, whether perm anent or temporary, may obtain the amendment of such permit or licence provided the l icensee gives prior notice of fifteen days of such intended change.
Prohibition to sell knives to minors, etc.
Temporary transfer of arms proper, firearms, etc.
PART V
GRANT, VALIDITY AND REVOCATION OF LICENCES Applicants for a licence
Persons who may request a licence.
(a) is eighteen years of age or over; and
(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
(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 person as specified in any regulations which the
Minister may from time to time prescribe.
Cap. 217. Cap. 217.
(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
Disqualification.
Amended by:
VII. 2010.64.
Cap. 446.
Minister’s special authorization.
(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 use
by such person of violence, or threatened or attempted use of violence against another person.
(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:
Provided that when a person is found guilty of an offence mentioned in subarticle (1), where the Court deems fit to award the punishment
for that offence without imposing the disqualification of a license, such license shall be renewed.
Refusal to grant a licence.
Licence for target shooting.
(2) Any person aggrieved by a decision of the Commissioner taken in accordance with the prov ision s of subart icle (1) m a y
appeal to the Minister within seven days from the notification in writing of the refusal by the Commissioner and the Minister in
the exercise of his functions under this subarticle shall seek the advice of th e Board. The decision of the Min i st er shall be
fin a l and conclusive.
Special qualifications for certain licences
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
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 re stri cti o ns on th e mo v e m e nt of such firearms to
and from a shooting range as the Commissioner may deem fit.
Licence conditions
Licence conditions.
(2) All licences issued in terms of this Act are to be acco mpan ied by a po licy o f insu ran c e for t h i r d par t y ri sks as required by regulations under this Act.
Licence to keep firearms in premises.
Purchase of ammunition.
Non-transferable nature of licence.
Validity of a licence.
Suspension or revocation of a licence.
Non-transferable nature of licence
Validity, suspension and revocation of licences
(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 licensee contravenes the provisions of this
Act or any regulation made thereunder; or
(d) for reasons of public or individual safety to be specifically recorded and duly reported to the Minister.
Power of Minister to suspend or revoke licences.
Temporary licences.
Grant of temporary licences
(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
is in Malta for a sporting activity:
Provided that the Commissioner may authorise a non- resident 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 l
i censed rang e sub j ect t o such terms an d co nd it io ns as t h e 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
(2) 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.
(3) 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.
Arms proper kept by museum.
Registration of martial arts’ weapons.
Declaration of certain firearms.
Provided that if such recognition or guarantee is not forthcoming, a firearm shall be presumed to be activated.
PART VII
HISTORICAL RE-ENACTMENTS
PART VIII
GENERAL EXEMPTIONS
When firearm is considered as deactivated.
Weapons used in historical re- enactment.
Visiting foreigners participating in historical re- enactment.
Exempted persons.
(a) 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 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.
Other exemptions. 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.
Death of licence holder.
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.
Loss, theft or damage to firearm.
repai r shal l report such loss, theft o r irr eparable dam age to the Commissioner within twenty-four hours of discovering such loss, theft or irreparable damage.
(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.
Identification marks.
(2) Any firearm which has been modified in a manner that c h a n ge s its class i fica tion unde r this Act or regulation s m a de thereunder w ithout the necessary perm it shall be deemed an unlicensed firearm.
Modification of a firearm.
Accounting for ammunition.
Provisions relating to arms proper
(2) Regulations made under this Act may provide for the custody of firearms, arms proper or ammunition.
Custody of arms proper.
(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
Board.
(2) The Board shall be composed of not less than nine members
Search and seizure by Police.
Weapons Advisory
Board.
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 notwithstandi ng 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.
Offences against the Act. Amended by:
L.N. 427 of 2007.
(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 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 in terms of article 25(2);
(e) the Minister on prescribing any regulations under this
Act;
(f) 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
(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 arm s pr op er or ammu ni tio n wi th in pr emi s es, o r w h ere t h
e 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 or de r to be used un lawfully, th e 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 s e l f -d efen ce o r of t h e l a wf ul def e nce of an o t h e
r per s o n , t h e 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.
(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 thirty- t w o euro and n i nety-four cents (232 .9 4) or t o a ter m 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.
Prohibition to make use of licences belonging to others, etc. Amended by:
L.N. 427 of 2007.
Production of 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 i
n p o ssessio n o f or carr ies an y f i rear m or am muni tio n n o t 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 thou sand and three hundred
and tw enty-nine euro and thirty-seven cents (2,329.37), or to imprisonment for a term of not less than three m ont hs and not
more than fi ve years o r t o bo th such fin e and imprisonment.
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.
(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 ninety- four cents (232.94).
Possession of firearms during commission of offences.
Cap. 9.
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,
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.
this Act as a conseque nce of t h e pu ni shm e n t fo r such contravention.
59. The provisions of article 121D of the Criminal Code shall mu ta ti s mu ta nd i s ap pl y wh er e a perso n is f oun d gu ilt y of an offence against the provisions of t h is A c t so h o w e v er th at th e 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 t w o hun dred and nin e t y -th r ee euro and sevent y-th ree cents (23,293.73).
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.
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.
63. Proceedings against any person for any offence against any of th e provi si ons of t his Act sh all be t ak en before the Court of
Magistrates (Malta) or Court of Magistrates (Gozo) as a Court of Cr iminal Ju dicature in accor dance 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.
64. Notwithstanding the provisions of the Criminal Code, the Attorney General shall always have a right of appeal to the Court of Criminal Ap peal fro m any judg ement gi ven by th e
Court of
Forfeiture of arms.
Prohibition to hold a licence.
Second or subsequent convictions.
Offences by a company or body unincorporate. Amended by:
L.N. 427 of 2007.
Cap. 9.
Other criminal proceedings.
Non-applicability of Probation Act and of article 21 of the Criminal Code. Cap. 446.
Cap. 9.
Competent court. Cap. 9.
Court of Magistrates as Court of Criminal Judicature.
Cap. 9.
Right of appeal.
Minister’s powers to make regulations.
Cap. 460.
Effect of repeal of the Arms Ordinance on breaches of the said Ordinance. Cap. 66.
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
(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 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
(2) Any investigations, legal proceedings, or remedy as
referred to in subarticl e (1) m a y be instit uted , conti nued , or enforced and any p en a lty, forfeiture or pun ishment 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 law f ul under the Arms Ord i nance repealed by thi s Act bu t is pr oh ibited under th e 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 made
under this Act except insofar as any such regulation is inconsistent with any of the provisions of this Act.
Transitory provisions.
SCHEDULE I
(Article 3)
PART I - PROHIBITED FIREARMS AND AMMUNITION
1. Explosive military missiles and launchers
2. Automatic firearms
3. Firearms manufactured as automatic and subsequently converted to semi- automatic
4. Firearms disguised as other objects
5. Short firearms with barrels less than 9cm in length
6. Long firearms with smoothbore barrels which are less than 50 cm in length
7. Ammunition with armour piercing, explosive or incendiary projectiles and the projectiles for such ammunition
8. Ammunition that discharges a lethal or irritant substance such as teargas
9. Ammunition or projectiles of any kind that can be discharged by air weapons, other than specific air weapon ammunition
10. Pistol and revolver ammunition with expanding projectiles and the projectiles for such ammunition
11. Laser sights
12. Any device designed to muffle or reduce the report of a firearm except when such devices are intended for airguns
13. Essential components of any of the 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 th e fi rearm s on whi ch th ey are intended to
be mounted.
1. Flick knives
2. Gravity knives
3. Butterfly knives
4. Knuckle dusters
5. Catapults
PART II - PROHIBITED ARMS
SCHEDULE II (Article 5)
PART I - FIREARMS AND AMMUNITION SUBJECT TO A LICENCE
1. Semi-automatic or repeating short firearms with barrels not less than 9cm in length
2. Semi-automatic or repeating long firearms with rifled 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 50cm in length
6. Muzzle-loading firearms other than replicas of pre-1900 single shot muzzle- loading firearms
7. Firearms designed for alarm, signalling or lifesaving.
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 o b jec t s, a r e inc l uded in the cat egory of t h e fire arms o n which they are o r are intended
to be mounted.
10. Ammunition not listed under Part I of Schedule I.
PART II - ARMS SUBJECT TO A LICENCE
1. Crossbows
2. Harpoons used only for underwater fishing
SCHEDULE III
FIREARMS AND OTHER OBJECTS SUBJECT TO A DECLARATION (Article 35(3))
PART I - FIREARMS
1. Firearms manufactured prior to 1900
2. Replicas of pre-1900 single shot muzzle loading firearms
3. De-activated firearms
4. Non-firing imitation firearms
PART II - OTHER OBJECTS
1. Edged weapons (such as swords, knives, bayonets and spears)
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