Law July 30, 2015 119 - Changes In Law August 10, 2012 122 In Matter Of Weapons And Explosives

Original Language Title: Legge 30 Luglio 2015 N.119 - Modifiche Alla Legge 10 Agosto 2012 N.122 In Materia Di Armi Ed Esplosivi

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Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17142812.html

Microsoft Word - L119-2015.doc SAN MARINO We the Captains Regent of the Most Serene Republic of San Marino Having regard to Article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law n.186 / 2005; We promulgate and publish the following ordinary law approved by the Great and General Council at its meeting on July 22, 2015: July 30, 2015 119 LAW AMENDMENTS TO THE LAW August 10, 2012 122 IN THE MATTER OF WEAPONS AND EXPLOSIVES Art.1 Article 2 of Law 122 of 10 August 2012 is amended as follows: "Art.2 (Scope) the provisions of this single text on weapons and pyrotechnic articles do not apply: a) to the police and military and civilian the Ecological Guard of the Republic of San Marino; b) to the Republic of San Marino militias; c) pyrotechnic articles intended for use of the armed forces and police forces; d) to pyrotechnic articles used in the aerospace industry, to pyrotechnic articles for marine equipment; e) to fireworks used directly by the manufacturer for shows performed by the same or its qualified employees authorized to operate in their country of origin; f) percussion caps intended specifically for toys EC type. ". Art.2 Article 3 of Law 122 of 10 August 2012 is amended as follows: "Art.3 (General Definitions) For the purposes of this Act are for weapons: a) any firearm as defined below at ' Article 4; b) the bombs of any type and any device containing explosive substances, incendiary, poison gas or toxic substances, whether they be of military use that circumstance; c) the firearms that use the driving force of compressed air or gas or of other forms of energy designed for the propulsion of the projectile through a barrel; d) all of their weapons ie pointe tools, cutting whose natural destination is the offense to the person, defined weapons, and to blow tools, blunt instruments, including electric bollards, whose natural destination is the ' offense to the person; e) all of the offensive weapons that those tools built for other purposes, when they are equally capable of offending the person and employees to that effect. Do not fall within the definition of weapon, firearms permanently disabled and can no longer be reactivated. The Gendarmerie, after consultation with the Weapons and Explosives Technical Commission referred to in Article 49, with a special circular defines the list of the categories mentioned in the first paragraph, letter d), for which the sale is authorized Port of Weapons and / or authorization. ". Art.3 Article 9 of Law 122 of 10 August 2012 is amended as follows: "Article 9. (Weapons demilitarized and off) for" demilitarization "means the technical operation whereby a weapon of war has become into a weapon for civil purposes. "Deactivation" means the technical operation by which a firearm is rendered inert in an irreversible and permanent. The technical work of demilitarization and deactivation must be performed by those who have specific certificates job requirements from having passed appropriate exam before the Weapons and Explosives Technical Commission or by equivalent qualification issued by an EU country as long as endorsed by the Weapons Technical Commission and Explosives. ". Article 4. Article 13 of Law 122 of 10 August 2012 is amended as follows: "Section 13 (General Rules) Bows, crossbows, knives, from reduced potential firing weapons, rifles, underwater fishing, tip and tools cutting detention are free and can be brought out of their homes only by persons 18 years of major for cause and for sporting or cultural-folkloristic event in which the subject of age weapon bearer is an athlete or a helper. The Weapons Office of the Gendarmerie, after hearing the Commission Technique Firearms and Explosives in Article 49, with a special circular identifies pointe instruments and non-salable cut. On terms specified in the first paragraph, to minors under 18 is allowed the use of these weapons and tools only in furnished areas, the presence of the person responsible for more 18 years of owning a suitable title and within the regulations issued by sports federations of belonging. It is forbidden to take out of their homes: noccoliere, truncheons, mace, manfrusti, opening knives spring of any type better known as "snap", shuriken, sword-canes, better electric shock devices called "electric bollards."
Anyone who violates the provisions contained in the preceding paragraphs, unless the fact constitutes a more serious offense, shall be punished with the penalties stipulated in the second paragraph of Article 252 of the Criminal Code. The selling scheme referred to in the first paragraph of weapons, is regulated by Articles 36 and 42 of this Act. ". Article 5. Article 14 of Law 122 of 10 August 2012 is amended as follows: "Art.14 (signaling guns, rocket launchers and tools launches syringes) The signaling guns and rocket launchers tools for distress signal can be freely obtained and held by persons more years 18. The transport is permitted only for owners of boats or exercising mountain rescue activities, civil, only for the specific use for which they are intended or justified reason. , Be treated as pistols tools launches for veterinary use syringes. When buying only on presentation of an identity document valid and transaction recording in a register, by the shopkeeper. ". Article 6. Article 15 of Law 122 of 10 August 2012 is amended as follows: "Art.15 (Weapons of reduced capacities and muzzle-loading single-shot weapons firing) are reduced by firing weapons potential of those exploiting the driving force of compressed air or gas in a cylinder and which develop an energy not exceeding 7.5 Joules. They are of free sale and possession for older subjects. When buying only on presentation of an identity document valid and transaction recording in a register, by the shopkeeper. The firearms that provide more than 7.5 Joules energy are treated as firearms and therefore subject to the same legal obligations. Single-shot muzzle-loading weapons are treated as weapons of reduced firing potential and therefore subject to the regulatory regime in the first paragraph. The Weapons and Explosives Technical Commission referred to in Article 49, lays down the criteria for which a weapon of prior model 1890 is deemed inefficient and therefore not subject to complaint. ". Article 7 Article 16 of Law 122 of 10 August 2012 is amended as follows: "Art.16 (playing instruments, blank guns, soft air guns, paintball) are playing or sports instruments are those intended for ' recreational or sporting activities the form of a weapon or firearm that constitute reply. All playing instruments or sports activities that develop a power of between 0.50 and 7.5 Joules are freely sold to the higher of 18 years and are subject to the provisions referred to in Article 13. The blank guns fall into this category . The toy stores can sell only the tools that develop a power not exceeding 1 Joule. It is allowed the use of the paintball game type tools, shooting bullets filled with colored inert liquid, provided that the output speed of the bullet is not greater than 100 m / s and provided that such use by authorized structures with special license . All the tools mentioned in this article may be carried out from home just for good reason ie to be used as part of equipped playgrounds, in the activity of training dogs to the shot or sporting events or cultural-folkloric, authorized . The violation of the provisions referred to in this article involves the application of the administrative sanction from € 500.00 to € 10,000.00. ". Article 8. Article 23 of Law 122 of 10 August 2012 is amended as follows: "Art.23 (Porto d'Armi and Nulla Osta) The Gendarmerie releases the Port of Weapons or purchase the required document, upon verification the requirements for the applicant. The Port of Arms or the required document enable the purchase of weapons, ammunition and parts thereof, and of Category 3 fireworks is prohibited to sell or transfer weapons to individuals who are not accompanied by Porto d'Armi or security clearance . The Port d'Armi is issued for the sole use in sports or hunting after verification of the fulfillment of the requirements set forth in Article 24 and enables, in addition to the purchase, also for the transport of legally held weapons and ammunition and to the port of the same only during the exercise of sport or hunting. The Port d'Armi is valid for six years. Revalidated after verification of the permanence of the requirements mentioned in the first paragraph, letter b), c), d) and e), to article 24. If you require a security clearance to the purchase order and possession of arms, meets the conditions referred to in subparagraph d) of Article 24 below, it can also be limited to the suitability
psychic; with just such eligibility shall be prohibited the purchase and possession of ammunition and gunpowder. Every person resident or provided with permission of the ordinary living room that holds title to any weapons, ammunition and powder, has to produce every six years to coincide with the special license renewal or carry firearms, specific medical documentation attesting to the physical or mental fitness of subject. In this prescription it is also subjected anyone found to owner-only authorization for possession of weapons. The violation of this rule result in revocation of permits and licenses in place and, after sixty days, the seizure of weapons. The validity of the Port d'Armi to use the weapon purposes, is subject to the annual payment of the tax on the membership to their respective federations San Marino belongs. The Gendarmerie may issue a temporary authorization to transport arms and ammunition legally held held in exhibitions, markets, auctions and the like. This authorization is limited to the specific event, the type and number of weapons also indicated after evaluation of the destination country and possibly transit. Anyone who violates the provisions of the second paragraph, unless the fact constitutes a more serious offense, shall be punished according to the fourth paragraph of Article 252 ter of the Criminal Code. By 31 December 2016, the Commission referred to in article 49 establishes the characteristics of the new document to enable the port weapon that will be adopted by delegated decree. In the meantime, it remains in force until the procedures provided for the entry into force of this Act. ". Article 9. Article 24 of Law 122 of 10 August 2012, as amended, is amended as follows: "Art.24 (Requirements for the Port of Arms and Nulla Osta) The port of Arms or the required document is released to those who meet the following requirements: a) be 18 years of age; b) for the carrying of weapons for sports use be resident in the territory of the Republic of San Marino; for the carrying of hunting weapons for use by a resident in the territory of the Republic of San Marino or a citizen of the latter residing in Italy; c) not have a criminal record, exceeding 1 year in prison, although not definitive or penal slopes for offenses relating to weapons, against the authorities, against the person, in matters of public policy, drug use, drunkenness always subject to the successful rehabilitation by the court; d) physical and mental abilities certified dall'UOC Primary Care and Territorial Health in accordance with the criteria set out in Annex A of this law. In the case of San Marino citizens not residing in the territory it must be produced equivalent certificate of fitness psychophysics; e) be in possession of the certificate of good conduct issued by the Gendarmerie. For the Port of Weapons of sportswear also you are required to be in possession of "Technical Certificate of firearm handling" issued by San Marino Shooting Federation or Tiro a Segno. For the Port of hunting weapons for use beyond the provisions in letters a), b), c), d) and e), is required "Certificate of Fitness exercise hunting" in Article 9 of Decree No. .18 / 1972, as amended. The "Technical Certificate of firearm handling" and "Certificate of Fitness exercise hunting", are issued upon completion of an exam, theoretical and practical, in which the candidate must demonstrate knowledge of the main topics in the field of weapons , ammunition, powders for loading cartridges, legal rules, the handling safety, housing, transportation, use of firearms. He is a member of the respective examination boards for the release of the "Technical Certificate of firearm handling" and "Certificate of Fitness exercise hunting" a Gendarme, with a specific mandate, the Office of Weapons Gendarmerie. For members of the police forces and military to civilian and Ecological Guards both the physical and mental abilities and the "Technical firearm handling Certificate" they can be replaced by a statement of the Command / Office of belonging which must be certified to the claimant's engaging actual service with the weapon. ". Art.10 Article 25 of Law 122 of 10 August 2012 is amended as follows: "Art.25 (Refusal and revocation of the Port of Weapons and security clearance) The Gendarmerie by grounded decision may deny, suspend, revoke, the grant the police authorization referred to in Article 23 in regard to subjects in which are not borne out, in whole or in part, the subjective requirements referred to in Article 24 and order the seizure of weapons or ammunition. The seized weapons, while remaining in custody at the Gendarmerie, may be sold
by the person who suffered the seizure order, to another person in possession of the requirements for purchase. After 90 days from the seizure without the proprietor of the weapon seized has proceeded with the sale of the same or who has applied for a motivated extension, it proceeds to the confiscation of the weapon. If it is confiscated weapon tampered with, this can be turned off and weakened or destroyed; other weapons confiscated and those restored to their original characteristics will be sold, pocketing the proceeds Ecc.ma Room. Against the decision of the Gendarmerie it is open to appeal to the Administrative Court in the terms provided by law. ". Art.11 Article 28 of Law 122 of 10 August 2012 is amended as follows: "Art.28 (weapons Quantitative limits) Each major subject of 18 years residing in the territory of the Republic of San Marino, in possession of Porto d'Armi or security clearance issued by the Gendarmerie, may hold the maximum number of twenty guns. Beyond that limit, and within fifteen days after taking charge in the weapon, the holder must give notice to the Office of the Gendarmerie Weapons describing the safety features adopted and adapting as soon as possible to the additional security measures that will impart the same office if those described they are not considered sufficient or equivalent. The military will also carry out, when they deem it necessary, inspections and tests about. The failure to communicate in these terms is punishable by an administrative fine of an amount between € 250.00 and € 2,500.00. The non-adjustment of the place of detention of weapons to the rules established by the Gendarmerie, after 120 days of office communication Weapons, will be punished according to article 64, second paragraph, letter c), and will proceed to the simultaneous seizure of weapons in surplus. In any case, held guns will be kept with the utmost diligence in the place indicated in the complaint, which offers adequate guarantees of security and not accessible to minors under 18, to strangers, to people unable or untrained in the handling of weapons. ". Art.12 Article 29 of Law 122 of 10 August 2012 is amended as follows: "Art.29 (ammunition Quantitative limits) The resident in the Republic of San Marino in possession of Porto d'Armi or security clearance, issued by the Gendarmerie, may hold up to a maximum of 1,500 to unique ball ammunition, 5,000 cartridges loaded pellets and 5 Kg of gunpowder. Members of the Shooting Federation of San Marino and San Marino Shooting Federation who perform athletic activities, may request the extension of the number of single-ball ammunition from 1,500 to 5,000. In this case, the Federation sends to the Office of the Gendarmerie Weapons, annually, the list of those who perform competitive sport and who have made such a request for extension. Those who are collectors may exceed the limit of cartridges referred to in the first paragraph, if so requested by the Technical Committee Weapons and Explosives expressed about. ". Art.13 Article 30 of Law 122 of 10 August 2012 is amended as follows: "Art.30 (Society for sport shooting) companies, federations and associations of sports shooting, legally recognized, may hold weapons and ammunition surplus the limits set out in the preceding articles 28 and 29. the weapons and ammunition must be stored on special registers comply with the provisions set forth in articles 39 and 40. the ammunition, if purchased from authorized retailers and San Marino after she was acquitted l ' sets of single-phase, may be sold by the organizations mentioned in the first paragraph to the associated shooters, after registration, for use in their sports activities of the company and can not be brought out of the plant shooting. The cartridges sold within the shooting ranges all go broke within the same or deposited therein or returned. The institutions referred to in the first paragraph may be purchased directly from the in-phase exemption for up to a maximum of 75,000 cartridges per year. The Commission referred to in article 49 that the requirements for the safety of the premises where the weapons and ammunition are stored. ". Art.14 Article 33 of Law 122 of 10 August 2012 is amended as follows: "Art.33 (purchase, sale, firearm introduction) Any person who, in any capacity, purchases, receives, sells or introduces into the territory of Republic of San Marino a firearm, must denounce it at the Gendarmerie Command within three days of purchase, receipt, sale or weapon's introduction.
In case of transfer to the cause of death it is established time limit of ninety days. The same obligation is extended to ammunition and to dust for loading cartridges, excluding the hunting or sport shooting cartridges loaded pellet. In the case of purchase from armories located in the territory of the Republic of San Marino with the formalities relating to the complaint with the authorities they took place gunsmith. In the complaint must state the model, make, caliber, serial number of the weapon, the identity of the previous owner, the place where the weapon will be held and guarded. The obligation of the complaint is also extended to parts of a firearm on which the marking marks, ammunition and powders for loading cartridges are present. The resident in the Republic of San Marino may assign weapons only person entitled to the purchase and possession therefore provided with security clearance or Porto d'Armi valid. The transferor must complete a "Declaration of weapons disposal", to be attached to the complaint, which must indicate the model, make, caliber, serial number of the weapon and the Port d'Armi data or security clearance of the receiver. The detention complaint, referred to in the first paragraph must be presented again in the case of weapons from their place of detention to another place. Upon express authorization from Weapons of the Gendarmerie, the legally purchased weapons, received or held you may be entrusted for safekeeping to agencies, institutions or security institutions having appropriate provision structures whose objective requirements are at least as high as set by ' Article 43 of this law. Besides the above provisions, anyone who is not a resident or holder of a residence permit in the Republic of San Marino, can not introduce into it a firearm except in the following cases: exercise of sport or hunting authorized in advance by the respective Federations its industry or regularly enrolled to them. Is also open to holders of a suitable title transportation only to delivery, will repair or vision firearm without ammunition in tow, for an armory, with the prior obligation to the Office of the Gendarmerie part of Weapons 'recipient Armoury. Likewise for long guns there is the obligation of disclosure. ". Art.15 Article 35 of Law 122 of 10 August 2012 is amended as follows: "art.35 (Free loan of weapons) is permissible loan of firearms, legally detained, to use hunting or sport provided that the recipient is subject resident legitimized in accordance with Article 23 of this Act for a period not exceeding three months and subject to the obligation of prior notification to the Gendarmerie. The period referred to above it will be granted by the Gendarmerie if the loan is to a sports shooting facilities, federations and associations legally recognized. It is not required to prior notification referred to in the previous paragraph if the right to temporary use of the weapon, for the purpose of exercise or sport hunting, come into being in the presence of the owner of the weapon and in favor of a person with permissions Police possession and use thereof. If the loan of weapons takes place in the context of sports shooting facilities, the legally recognized federations and associations, in favor of their members, the record in the register is considered sufficient. ". Art.16 Article 36 of Law 122 of 10 August 2012 is amended as follows: "Art.36 (Armoury) Any person, natural or legal person intends to engage in the professional retail trade activity of fire and gunpowder weapons , parts of them, ammunition, powders for loading cartridges, weapons, such as paintball game tools that develop speed of the bullets do not exceed 100 m / s, pyrotechnic articles of category 2, 3, 4, T1, T2 and P1 , P2 set out in Article 54, of self-defense tools, noccoliere, truncheons, mace, manfrusti, opening knives spring better known as "flip-off", shuriken, sword-canes, better electric shock devices called "electric bollards" , aerosol OC spray anti-aggression, subject to the requirements for issuing licenses in accordance with relevant legislation, must also: a) not having been convicted, in the Republic of San Marino or abroad, longer than 1 year in prison, also not definitive or penal slopes for offenses relating to weapons, against the authorities, against the person, in relation to public order, drug use, drunkenness, made always saves the successful rehabilitation by the court; b) have the certificate of good conduct;
c) have the mental fitness certificate issued dall'UOC Primary Care and Territorial Health; d) have obtained the "Certificate of technical ability gunsmith" set forth in Article 51. In the case of legal entity the aforesaid requirements of the above letters a), b) and c), both by the shareholders must be held by the administrator . The same requirements set out in points a), b) and c) are also required in the part of officials of the economic operators whether they are corporate or individual. In any case, anyone who in any way renders services as a sales representative at the armory must be in possession of the requirement referred to in subparagraph d) of the preceding first paragraph, on pain of an administrative penalty amounting to EUR 1,000.00 the duties of the license holder. Obtaining a license is subject to the possession of the eligibility requirements for the premises referred to in article 37. And 'allowed to the operators referred to in this Article the loading activities of the cartridges which service akin to his activity in accordance with the law governing the Commerce. The article produced will have to be accompanied by technical specifications and ballistics. The release of the service similar to the above is subject to authorization of the Commission Technical Weapons and Explosives suitability of the premises. It must also be guaranteed the traceability of powder used charging. ". Art.17 Article 38 of Law 122 of 10 August 2012 is amended as follows: "Art.38 (Sales Formalities) All firearms, weapons of limited power shot, from the blow tools, blunt, there including electric bollards, referred to in subparagraph d) of article 3, ammunition, powders for loading the cartridge, the fireworks of Category 3, T1, P1 must be sold with the buyer's identification and registration of ' operation in specific registers. Also the sale of the category C4 fireworks, theatrical pyrotechnic articles of category T2 and those of Category P2 must be recorded in a special register with signature that the purchaser is a person with specialist knowledge. For category 2 fireworks is required only obligation of the buyer identification. Before making the sale of handguns, the gunsmith must ask the required document to the Office of the Gendarmerie Weapons. Records should be provided in accordance with the following Articles 39 and 40. The compulsory identification is extended to all those articles which marks the requirement of "private sale in more of 18 years", referred to in Articles 13 and 15 and that do not have individual marking signs. Unless the fact constitutes a more serious crime, anyone who does not observe the statutory provisions governing the identification and registration, shall be punished under Article 252 ter of the Criminal Code. ". Art.18 Article 39 of Law 122 of 10 August 2012 is amended as follows: "Art.39 (Register weapons) The holders of licenses referred to in Article 36 are required to establish and maintain for the duration of their activity a register in which shall be entered all permitted weapons, or parts of them subject to registration, provided for under a) and c) of Article 3, to blow tools, blunt instruments, including electric bollards, referred to in subparagraph d) of Article 3, as well as other items that will be provided with special circular of the Gendarmerie, incoming and outgoing, in particular: a) weapon type and country of harvest; b) make and model; c) size (if relevant); d) serial number (if one exists, or lot number if any); e) names and addresses of the supplier and the purchaser; f) references of the purchase title; g) date and time of the transactions. The registry has to have the pages numbered consecutively and must be endorsed by the Gendarmerie. It must be presented at the request of the Gendarmerie and stored for a period of 50 years. At the time of the cessation of the register must be delivered to the Office of the Gendarmerie Weapons. In addition to paper record on the aforementioned register it should be communicated electronically, computerized Central Archives of the Gendarmerie, the movement of the articles mentioned in the first paragraph of incoming and outgoing. ". Art.19 Article 40 of Law 122 of 10 August 2012 is amended as follows: "Art.40 (ammunition Register) The holders of licenses referred to in Article 36 are required to establish and maintain for the duration of their activity a register in which all shall be recorded
ammunition and powder for loading cartridges, incoming and outgoing, in particular: a) type of ammunition; b) make and model; c) caliber; d) quantities; e) names and addresses of the supplier and the purchaser; f) references of the purchase title; g) date and time of the transactions. The registry has to have the pages numbered consecutively and must be endorsed by the Weapons of the Gendarmerie. It must be presented at the request of the Gendarmerie and stored for a period of 50 years. At the time of the cessation of the register it must be delivered to the Gendarmerie that maintains it for 50 years. In addition to paper record on the aforementioned register, the gunsmith must communicate electronically, computerized Central Archives of the Gendarmerie, the ammunition movement and incoming dust and outgoing. With regard to the cartridges loaded pellet, intended for recreational use and hunting, purchases of less than 1000 units are excluded from the obligation of registration. ". Art.20 Article 42 of Law 122 of 10 August 2012 is amended as follows: "Art.42 (Armouries reading) Any person, natural or legal person intends to exercise the professional trade activities of gunpowder weapons and playing instruments that shoot bullets with energy not exceeding 7.5 Joules, aerosol OC spray anti-aggression, blank guns and ammunition, bows and crossbows, puncture and cutting tools, nunchaku, subject to the requirements for issuing licenses according to current regulations, it must also meet the requirements referred to in Article 36. It is forbidden to sell noccoliere, truncheons, mace, manfrusti, shuriken, sword-canes, electro-shock devices, also referred to as "electrical bollards." In addition to that specified it is prohibited from selling any other type of weapon, instrument or object to defense or liable to offend the person, including ammunition, gunpowder and fireworks. Also it is done prohibition of sale of single-shot muzzle-loading weapons referred to in Article 15. E 'prohibited the sale of the articles mentioned in the first paragraph to minors under 18. The violation of the provisions referred to in the preceding paragraphs, if not are applicable criminal penalties, it entails the application of administrative fine in the only measure of EUR 1,000.00. In case of recurrence the fine is doubled and is also applied in immediate suspension of license for one month. In the case of legal person the requirements referred to in subparagraphs a), b) and c) of the preceding Article 36 shall be met both by the shareholders by the administrator. The same requirements set out in points a), b) and c) are also required in the part of officials of the economic operators whether they are corporate or individual. In any case, anyone who in any way renders services as a clerk to sales of products referred to in the first paragraph must be in possession of the requirement referred to in subparagraph d) of the preceding Article 36, on pain of an administrative penalty equal to € 1,000.00 ends of the license holder. The license shall be subject to the possession of the eligibility requirements for the premises referred to in article 43. ". Art.21 After Article 42 of Law 122 of 10 August 2012 is the following Article 42a: "Art.42 bis (Sale blades less than 8 cm.) The blades that do not exceed 8 cm. in length, limited only Victorinox Swiss type and classic switchblade boxcutter with Non-locking blade are free from the economic operator licensed for sale in the exercise of retail issued pursuant to legislation on trade, against further subjects of the years 18. the centimeters of length of the blade is understood measured from the point where the handle ends, if present, and begins the blade itself. And 'it is forbidden to operators above sell flick knives regardless of the length of the blade. ". Art.22 Article 45 of Law 122 of 10 August 2012 is amended as follows: "Art.45 (Street vending) And 'forbidden the itinerant sale of firearms, self-defense tools, firearms with the exception of limited power of those with power not exceeding 1 Joule, objects and tools to offend in Article 13, fourth paragraph, of this Act. ". Art.23 Article 46 of Law 122 of 10 August 2012 is amended as follows: "Article 46 of (online sale) Firearms, ammunition and powders, paintball, the gunpowder weapons, sidearms , from the blow tools, blunt instruments, including electric bollards, referred to in point d) above
Article 3, the air soft gun that develop a greater than 1 Joule energy, can not be sold on-line method. By delegated decree are dictated the online sales methods also to the assessment of the increased buyer age. ". Art.24 Article 47 of Law 122 of 10 August 2012 is amended as follows: "Art.47 (Wholesale and import and export) Any person, natural or legal person wishing to pursue the professional activity of all trade ' wholesale or import or export, for commercial purposes, of weapons, bows and crossbows, the pyrotechnics, the self defense tools, noccoliere, the truncheons, the mace, the manfrusti, to the spring opening knives better called "flip-off", the shuriken, cartoon sticks, devices electric discharge better known as "electrical bollards", cans of OC spray anti-aggression, of gunpowder weapons and toy instruments that shoot bullets with energy not exceeding 7.5 Joule, paintball type developing speed of the bullets do not exceed 100 m / s, gun salutes, the tip and cutting tools, requires a special license issued in accordance with the laws in force. The required subjective requirements are the same as in the previous article 36. They are forbidden wholesale, import and export of firearms, gunpowder and munitions. Having the availability of the materials referred to in the first paragraph, the premises where the exercise of the activity takes place must have: a) proof glass; b) an internal anti-intrusion alarm system connected with school supervisory and / or Command of the Gendarmerie, with the license fee. The technical characteristics of the letter a) of the preceding paragraph shall be defined by appropriate delegated decree referred to in Article 37. In the case of availability of explosive materials, the objective requirements of the storage locations are defined by the Technical Committee Arms and Explosives. ". Art.25 Article 50 of Law 122 of 10 August 2012 is amended as follows: "art.50 (Tasks) The Weapons and Explosives Technical Commission expresses opinion about the suitability of the premises and places where you carry trade, repair, demilitarization , deactivation, storage of weapons, explosives, gunpowder and gunpowder. Also plays the role of the examination board for granting the status of dealer and the person with specialist knowledge in the field of pyrotechnics and any other tasks required by this Act. ". Art.26 Article 55 of Law 122 of 10 August 2012 is amended as follows: "Art.55 (Technical fireworks) The use, for any reason, the following pyrotechnics: fireworks of Category 4, pyrotechnics theater Category T2, pyrotechnic articles of category P2, is reserved to persons who have passed the necessary training in the field of pyrotechnics organized by the Vocational training Centre with a final exam in front of the Weapons and Explosives Technical Commission. The sale of pyrotechnic articles referred to above must still be registered in a special register with signature that the purchaser is a person with specialist knowledge. ". Art.27 Article 59 of Law 122 of 10 August 2012 is amended as follows: "Articles 59 (Market Surveillance) The Gendarmerie with the participation of the Civil Protection Service carries out all the controls and those activities designed to verify that the pyrotechnic articles may be placed on the market only if, when properly stored and used for their intended purposes and present no danger to health and public safety. The Gendarmerie carries out market surveillance by implementing measures to: a) carry out checks and periodic inspections at the entrance to the territory of the Republic of San Marino, in the storage places, sale of pyrotechnic articles; b) take samples of pyrotechnics and subject them to tests, analyzes to assess its safety; c) to withdraw from the market and prohibit the release of those pyrotechnic articles which, although complying with the requirements of the law, following investigations experienced, are likely to endanger the health and safety of persons. Any costs incurred for the disposal of pyrotechnic products withdrawn from the market referred to in letter c), are due borne by the importer or distributor who placed them on the market. Also all weapons listed in article 3 letter a), c) and d), the ammunition and
gunpowder, as indicated in article 19, the pyrotechnic articles referred to in Article 52, must submit at the time of the introduction into the territory of a manual saw, or verification of insertion of the articles in the web electronic registry armories, carried from the Gendarmerie Corps in cooperation with the Office of the Goods Given Fortress Guard; such non adempienza will be punished with the application of administrative fine in the only measure of 5,000.00 Euros; in the case of recidivism the fine is doubled and is also applied in immediate suspension of license for one month. ". Art.28 Article 63 of Law 122 of 10 August 2012 is amended as follows: "Art.63 (Amendment of Article 251 of the Criminal Code) Article 251 of the Penal Code is amended as follows:" ART.251 (Manufacture , entry into service, shoot, illegally carrying weapons, bombs, explosives and flammable materials or explosive) shall be punished by imprisonment or second degree with the arrest of the second degree, anyone without the required authorizations: a) manufactures, introduces the territory of the Republic, puts into circulation, has the aim of putting in circulation their weapons, bombs, gases or explosives or flammable or explosive materials, ammunition self-propelled, with armor piercing bullet, incendiary, tracer, explosive, special loading with harmful substances, irritants or toxic; b) shines mines; c) shoots with firearms, lit fireworks artifice of category C4, T2 and P2, launches rockets or makes ignitions or dangerous explosions in inhabited place or direction of it; d) brings out of his house and his weapon without justification. Anyone who sells or fireworks or other pyrotechnic articles to minors of 14 years, unless the fact constitutes a more serious offense, shall be punished with imprisonment of First Instance or with the daily fine third degree; if the fireworks fall under Category 1 of Article 54 of the Consolidated Law on arms and explosives, apply daily fine of First Instance. Unless it constitutes a serious crime, shall be punished with imprisonment up to third degree or with fine from EUR 5,000.00 to EUR 12,000.00 for each violation, whoever also sells to 18 more years of fireworks and pyrotechnics in violation of applicable requirements. ". activity Art.29 Article 68 of Law 122 of 10 August 2012 is amended as follows: "art.68 (Transitional provisions) Those who on the entry into force of this Act are licensed concerning the Article 36 for over 10 years are exempted from making progress gunsmith. For the purposes of this Act in relation to the certificate of technical ability of dealers are recognized as valid in the training courses and examinations incurred pursuant to Delegated Decree n.98 / 2006. They can do business brokerage in the weapons industry, ammunition, explosives and gunpowder articles exclusively economic operators in their own licensed and / or corporate purpose have explained this sector. The licensing of gun shops in the area referred to in Articles 36 and 47 of this Act, it is subject to security clearance estimate by the State Congress. The private, gun owners, ammunition or other instruments whose detention is limited in accordance with this law, shall have until 31 December 2015 to denounce the possession of the same in order to regularize their detention, without the penalties for those who hold weapons without security clearance or Porto d'Armi. By delegated decree it will set up the passport to sports weapons and / or hunting, which will be issued to the Arms of Porto holders or interested in using weapons outside the territory. ". Art.30 After Article 68 of Law 122 of August 10, 2012 The following article is inserted: "art.68 bis In the case of amendment to its license light armory in the armory is requesting the certificate of technical ability gunsmith referred to previous article 51. ". Article 31 After Article 68 of Law 122 of August 10, 2012 The following article is inserted: "art.68 b (Searches carried on arms) The judicial police officer, where they are adequate reasons to believe, in any local public or private, or in any dwelling, the presence of weapons, ammunition or explosive materials, not reported or not delivered or otherwise illegally detained, in urgent cases and in respect of the right to defense, to the extent possible, shall be immediately and forcibly if necessary, to search, personnel and even to its seizure. than
work will be posted on the Judicial Authority for any validations. ". Art.32 After Article 68 of Law 122 of August 10, 2012 The following article is inserted: "art.68 quater This law can be modified by delegated decree.". Art.33 (fitting instructions) After Article 68 of Law 122 of August 10, 2012 The following article is inserted: "art.68 d Those who on the entry into force of this Law possess more than twenty weapons fire, by 31 December 2015 must notify the Office of the Gendarmerie Weapons describing the safety features adopted. Although not expressly provided for in this paragraph, see the provisions referred to in Article 28. ". Art.34 Article 1 of Annex A to Law 122 of 10 August 2012 is amended as follows: "ANNEX A psychophysical Art.1 The minimum requirements for the issue and renewal of the Port of weapons for sports use or for hunting use are the following: 1) visual requirements: visual acuity of not less than 8/10 for the eye that sees better, reachable with spherical or cylindrical lenses positive or negative of any dioptric value; visual acuity can also be reached with the adoption of contact lenses, also attached to eyeglasses. For monocles (organic and functional) visual acuity must be at least 8/10, also reachable by normal correction or corneal lenses, or the use of both. sufficient chromatic sense with the perception of the fundamental colors, verifiable with the colored skeins tests; 2) auditory requirements: auditory threshold not greater than 30 dB in the better ear, (such as threshold means the average value of the audiometric threshold expressed in dB HL by air at the frequencies of 500, 1000, 2000 Hz) or, alternatively, perception the conversational voice phonemes combined to no less than six meters in total distance. This requirement can also be achieved with the use of adequate acoustic prostheses. If threshold values ​​higher than those indicated above, the fitness is limited to the exercise of stalking. The requirement is derogated for the exercise of exercisable sports within the sports facilities; 3) adequate functional capacity of the upper limbs and the spine, reach, in case of impairments, even with the adoption of suitable prosthetic or orthotic means that potentially allowing the safe handling of the weapon; 4) absence of neurological disorders that may interfere with alertness or have debilitating effects of motor character, static and / or dynamic; 5) the absence of mental disorders, personality or behavioral documented. In particular, it should not be formed addiction to narcotics, psychotropic and alcohol. Is also disqualifying intake also occasional drugs and the abuse of alcohol and / or drugs. ". Art.35 Article 2 of Annex A to Law 122 of 10 August 2012 is amended as follows: "ANNEX A Art.2 The assessment of psychological and physical capabilities is carried dall'UOC Primary Care and Territorial Health according to the news emerge from the health records. The Medical Staff ISS, or Territorial Hospital or Specialist who during visits or assessments considers that the subject's state of health is incompatible with mental and physical or mental ability is maintained in Articles 23, 24, letter d ), and 36, letter c), shall promptly report to the Directorate UOC Primary care and Territorial Health that will provide immediate verification interested in convening the audit visit of previously issued competence. ". Art.36 After Article 2 of Annex A to Law 122 of August 10, 2012 The following article is inserted: "ANNEX A Art.3 The psychic certificate of competence as referred to in Article 36 and in the case of licensing of collection of firearms referred to in Article 31, it is released, however after administration of special test by the UOC Mental Health. ". Art.37 (Final Provisions) With delegated decree will be issued a consolidated text of the law 10 August 2012 n.122. Art.38 (Entry into force) This Law shall enter into force on the fifteenth day following that of its legal publication. Our Residence, this day of July 30 2015/1714 THE CAPTAINS REGENT Andrea Belluzzi - Roberto Venturini THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Gian Carlo Venturini