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

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
    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)).

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

 Firearmsconverted 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
    other 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
or 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
    or 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.