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 14th September 2018.

 Member States may however implement Articles 4(3) and (4) relating to the

dealer register and the data filing system by 14th December 2019.

 Moreover, Member State may introduce registration requirements for firearms

converted to fire blanks, deactivated firearms and single-shot firearms by 14th 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 14th 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

• f 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)

• f 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

• f 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

• ption 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

• rganisation 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
• f 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
• f 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

• f 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)).

Authorisation for Target Shooters to use certain Prohibited Firearms- VI

 Applicants for a ‘Target Shooter Licence A Special’ shall be required to

provide proof that they are ‘practising for or participating in shooting competitions’ in accordance with the Directive. Such proof shall include records of attendance to target shooting events, sessions and training.

 Shooting sports organisations shall issue applicants with a certificate

that they have been practising target shooting for a least 12 months and that the firearms they purchase are recognised ‘for a shooting discipline recognised by an internationally established and official recognised shooting sport federation’, in accordance with the Directive.

 Current owners of these Prohibited Firearms will benefit from a

transitional clause; however they will eventually be required to comply with the new, more stringent requirements, where these apply.

Firearms intended to fire blanks and De- activated Firearms

Firearms converted to fire blanks shall

continue being placed in their original category, as specified in the Directive.

De-activated Firearms shall continue being

classified under Schedule III of the Arms Act.

European Firearms Pass

 The Directive amends the European Firearms Pass for

‘hunters and historical re-enactors, in respect of firearms classified in category C, and target shooters, in respect of firearms classified in category B or C and firearms in category A for which an authorisation has been granted’. (Art. 12(5)

 The reasons for the journey would have to be

substantiated ‘in particular by producing an invitation or

• ther proof of their hunting, target shooting or historical

re-enactment activities in the Member State of destination’. (Art. 12(5)

 These provisions will be transposed by means of a new

sub-regulation 9(4) under SL 480.01.

Schedule I

 Newly included in this schedule are:

• Automatic firearms converted into semi-automatic firearms (may

however be authorised subject to Article 7(4a))- The draft legislation transposing the Directive does not make use of this authorisation);

• Centre-fire semi automatic firearms with high-capacity magazines (may

however be authorised subject to Article 7(4a))- MT plans to make use of this authorisation;

• Semi-automatic long firearms (i.e. firearms that are originally intended

to be fired from the shoulder) that be reduced to a length of less than 60cm without losing functionality by means of a folding or telescoping stock or by a stock that can be removed without using tools;

• Any firearm in this category that has been converted to firing blanks,

irritants, other active substances or pyrotechnic rounds or into a salute

• r acoustic weapons.

Schedules II and III

 Notwithstanding changes in wording, Schedule II

will remain substantially the same, except for those firearms transferred to Schedule I.

 Schedule III will not be amended, as firearms

transferred from Category D to C in the Directive were already classified under Schedule III of the Arms Act (i.e. already subject to registration).

Consultation Process I

 The proposed amendments to the Arms Act and relevant

SL transposing the Directive have been circulated ahead of this meeting.

 Two of the documents reproduce the amendments being

proposed as they would appear in a Bill and a LN if they were to be adopted as currently drafted.

 In the third document the same amendments are listed in

a table, in the order of the provisions of the Directive that they transpose (hence following the order of the Directive).

 This document has an empty column for your comments

and suggestions.

Consultation Process II

 The amendments proposed (further to transposing the

Directive) also feature amendments affecting hunting, whereby the Police are empowered to refuse

• r to withhold licences in respect of applicants or

holders who have committed a criminal offence or who do not comply with licence conditions.

 Stakeholders are hereby requested to provide written

feedback by not later than Friday, 16th March 2018. Feedback may be sent by e-mail to: firearmsconsult.mhas@gov.mt; or delivered to ‘Firearms Consultation’, Ministry for Home Affairs and National Security, 201 Strait Street, Valletta.