Firearms Directive (EU) 2017/853 and amendments to the Arms Act and - PowerPoint PPT Presentation

Firearms Directive (EU) 2017/853 and amendments to the Arms Act and Subsidiary Legislation

Obligations imposed by the Directive on the Maltese Government  Malta has an obligation to transpose the Directive into national legislation, which means that amendments to the Arms Act and relevant SL are to be effected in order to implement the provisions of the Directive in Malta.  Government may impose stricter requirements than those foreseen by the Directive, but it may not opt for less stringent provisions.  Most of the provisions of the Directive are to be in force in the EU Member States, including Malta, by not later than 14 th September 2018.  Member States may however implement Articles 4(3) and (4) relating to the dealer register and the data filing system by 14 th December 2019.  Moreover, Member State may introduce registration requirements for firearms converted to fire blanks, deactivated firearms and single-shot firearms by 14 th March 2021. In Malta these firearms are already subject to registration.

Marking Requirements, Dealers and Brokers  The Directive (Art. 4) introduces new marking requirements for firearms manufactured or imported into the EU on or after 14 th September 2018. Member States may however exempt firearms or essential components of particular historical importance as determined by national law. Malta is planning to avail itself of this proviso as per current legislative provisions in Reg. 7A of SL 480.01.  It should however be noted that the Commission will be issuing an implementing Act on the technical specifications on the marking of firearms.  Each Member State shall be required to regulate the activities of dealers and brokers operating in its territory, which shall include a check of private and professional integrity and relevant abilities (Art. 4).  New requirements for the Police data-filing systems have also been introduced (Art. 4).

A Monitoring System for Licence Holders  The Directive provides that Member States shall monitor licence holders to ensure that licence conditions are being respected. The relevant provision, Article 5(2), states that ‘inter alia, relevant medical and psychological information is assessed’.  Government will have to introduce amendments to the Arms Act to ensure compliance with this provision.  In view of the requirement, in Article 7 of the Directive, to review licences at least once every five years, a new medical certificate shall be requested of each licence holder once every 5 years, further to the conducting a re-assessment of the licence- holder’s conduct . Otherwise, monitoring shall be conducted in accordance with current practices.  In other words, licences shall continue being renewed once every year, as per current procedures. However, a re-assessment will be conducted as per above once every 5 years.

Prohibition of and authorisation for high- capacity magazines  The Directive prohibits magazines holding more than 20 rounds, and more than 10 rounds in the case of magazines intended for long firearms.  The Directive specifies that licence-holders found to be in possession of such items shall have their licence withdrawn. (Art. 5(3))  However, the Directive allows Member States to issue an authorisation for ownership and use of these items in accordance with Article 7(4a) of the Directive. This will be discussed in a few minutes as part of this presentation.  This provision will have an impact on Target-Shooter Licence A holders; however it will not result in a ban, as the authorities plan to avail themselves of the possibility to issue an authorisation.  This prohibition, and the authorisation, will be transposed by means of amendments to SL 480.02, relating to the Target Shooter Licence.

Storage of Firearms and Ammunition  The Directive obliges Member States to establish rules for the storage of firearms and ammunition, which shall in particular stipulate that firearms and ammunition shall not be readily accessible together (Art. 5a)  Regulation 8(b) of SL 480.02 will be amended to provide that firearms falling under Schedules I and II shall be kept under lock and key in a secure area, so that only the licence-holder shall have access to them. Moreover, the SL will also specify that arms and ammunition shall be stored separately.

Acquisition of Firearms by Distance Selling (e.g. over the Internet)  The Directive requires that, at the latest upon delivery of the firearm, the identity of the buyer shall be checked by a licensed dealer or by a representative of a public authority. (Art 5b)  In practice, local procedures are already compliant with the Directive; however Regulation 96 of SL 480.02 will be amended to formally transpose this provision.

Collection of Category A (Prohibited) Firearms- I  The Directive provides that collectors may be allowed to collect Category A [Schedule I] Firearms (such as Automatic Firearms), but only ‘ in individual special cases, exceptionally and in a duly reasoned manner ’. (Art. 6(3)) Dealers and brokers shall be allowed to trade in such firearms; however Government does not plan on allowing dealers to deactivate such firearms (even though this option is foreseen by the Directive).

Collection of Category A (Prohibited) Firearms- II  The Directive also lays down that the collection of these firearms shall be ‘subject to strict conditions on security’ (Art. 6(3)) and that the firearms and ammunition in question ‘ are stored with a level of security proportionate to the risks associated with unauthorised access to such items’.

Collection of Category A (Prohibited) Firearms- III  Government plans to introduce a new ‘Collector A Special’ licence , so as to ensure compliance with the more stringent provisions of the new Directive.  In accordance with the proposed new framework current collectors of Schedule I firearms shall be issued with the new Collector A Special licence.

Collection of Category A (Prohibited) Firearms- IV  In future, persons who wish to acquire a ‘Collector Licence A Special’ will first have to acquire a ‘Collector Licence A’ and fulfil its conditions for a period of 2 years.  Applicants for a ‘Collector Licence A Special’ would have to be members of a body or organisation representing collectors and would have to fulfil licence conditions, which would be modelled on those currently applying to Category A licence holders.

Authorisation for Target Shooters to use certain Prohibited Firearms- I  The Directive places in Category A (Prohibited): -Automatic firearms converted into semi-automatic; -Centre-fire semi-auto short firearms which allow the firing of more than 21 rounds without reloading, if: a loading device with a capacity exceeding 20 rounds is part of that firearm, or if a detachable loading device with a capacity exceeding 20 rounds is inserted into it, -Centre-fire semi-auto long firearms which allow the firing of more than 11 rounds without reloading if, a loading device with a capacity exceeding 10 rounds is part of that firearm, or if a detachable loading device with a capacity exceeding 10 rounds is inserted into it.

Authorisation for Target Shooters to use certain Prohibited Firearms- II  However, the Directive also provides that target shooters may be allowed to own and use these firearms subject to conditions in accordance with Article 7(4)(a).  Government will be making use of Article 7(4)(a) to allow target shooters to make use of centre- fire semi-auto firearms as defined above.

Authorisation for Target Shooters to use certain Prohibited Firearms- III  The Directive sets out that a shooter allowed to use these firearms shall provide ‘proof that’ he or she ‘is actively practising for or participating in shooting competitions recognised by an official recognised shooting sports organisation of the Member State concerned or by an internationally established and officially recognised shorting sport federation’. (Art. 6(6))

Authorisation for Target Shooters to use certain Prohibited Firearms- IV  Moreover, in order for a new shooter to be allowed access to these firearms, he or she would have to be member ‘of a shooting club’ and ‘been regularly practising target shooting in it for at least 12 months’. The firearm used would also have to fulfil ‘the specifications required for a shooting discipline recognised by an internationally established and officially recognised shooting sport federation.’ (Art. 6(6))

Authorisation for Target Shooters to use certain Prohibited Firearms- V  Government plans to authorise target shooters to use the (otherwise) prohibited centre-fire semi auto firearms by: -introducing a new ‘Target Shooter Licence A Special’ ; -allowing persons in possession of a Target Shooter Licence A to apply for the new licence after at least 12 months (as per Article 6(6)).