Law Decree 16 November 2011 Ranked # 180 - Changes And Additions To Law March 13, 1991 Ranked # 40 "purchase Firearms"

Original Language Title: Decreto Legge 16 Novembre 2011 N.180 - Modifiche E Integrazioni Alla Legge 13 Marzo 1991 N.40 "acquisto Armi Da Fuoco"

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REPUBLIC OF SAN MARINO DECREE - LAW 180 of 16 November 2011 We the Captains Regent of the Most Serene Republic of San Marino Having seen the need and urgency referred to in Article 2, paragraph 2, point b) of the Constitutional Law 15 December 2005 n. 183 and Article 12 of the Qualified Law 184 of 15 December 2005, namely the need for a legislation on weapons in accordance with the Understanding already existing technology between the Republic of San Marino and the Italian Republic for the exchange of information between the competent police authorities aimed to transfers of arms, ammunition and explosive materials in view of the protection of domestic and international public safety and urgency brought about by the decline of the previous decree that led to the signing of the Entente technique itself and that, even if place on the Great and General Council's agenda, because of the time of the board's work, it was not possible for examination and ratification; Given the decision of the No. 1 State Congress adopted in the sitting of 15 November 2011; Having regard to Article 5, paragraph 2, of the Constitutional Law no. 185/2005 and Article 9 and Article 10, paragraph 2, of the Qualified Law n.186 / 2005; Promulgate and publish the following Decree-Law: CHANGES AND ADDITIONS TO THE LAW 13 March 1991 No. 40 "BUYING FIREARMS" Art. 1 (Amendments to Article 1 of Law 13 March 1991 n. 40) Article 1 Law 13 March 1991 n. 40 is amended as follows: "Art. 1 Every trader enabled the retail trade of firearms, is obliged to keep records for weapons, powder, ammunition and pyrotechnics of IV and V ^ ^ category that bear the mark "EC type" and a filing for the only weapons. The records referred to above must be signed on each page, as well as each tab in relation to weapons sun, by the Command of the Gendarmerie, and will indicate the loading and unloading of the respective items and daily operations. E 'prohibited the sale of explosives. Until there will be validated computer link with the Gendarmerie of each armory, cards, relative to the arms, may also be paper-based. The records referred to in paragraph 1, must be presented as required by the Command of the Gendarmerie by armourer that, in real time, has the obligation to report have been delivered to the purchaser of any firearm or part of it as indicated in Article 1 bis. The records referred to above shall be kept for 50 years and the cessation of, delivered to the Gendarmerie Command who will handle the case for the necessary period. In the records (and also on the cards in relation to the sun firearms), will have to be transcribed all the elements of identification and origin of each weapon, gunpowder, ammunition and fireworks IV and V ^ ^ category, or bearing the mark "EC type", the identity and residence of the parties with which the loading and unloading operations are carried out, the number of the Port of Weapons or other qualifying title to the purchase, date of issue and the current validity with the entity indication, authority or office who issued it. Regarding the sale of powder, cartridges, pyrotechnics of IV and V ^ ^ category that bear the "CE mark like" referred to in paragraph 1, to non-residents, in the quantities permitted by law of the country of origin, it is determined that the sale will be made in favor of those who are in possession of firearms or other qualifying title purchase valid, adopting the same procedure for the sale of firearms, set forth in Article 3 of this Act. The armory will inform, simultaneously To corresponding sales, the Weapons Office of the Gendarmerie who shall immediately notify the competent Italian Police authorities. The resident in the Republic of San Marino in possession of Porto d'Armi or security clearance, issued by the Corps of Gendarmerie, can hold up to a maximum of 1,500 cartridges relating to regularly detained and prosecuted weapons, 5 kg of gunpowder. For Porto holders for the use of hunting weapons, the maximum number of cartridges is tenable extended to 3000. The marksmen, who perform athletic activities, may request the extension of the number of cartridges from 1,500 to 3,000 producing its request to the Gendarmerie Command Weapons Office. The duration is annual. The Command of the Gendarmerie is required to carry out all the investigations deemed necessary on the authenticity, veracity and validity of personal documents of approval referred to in the third paragraph and the preservation of the photocopy of the same. ". Art. 2
(Insertion of Article 1 bis in the law 13 March 1991 n. 40) After Article 1 of Law 13 March 1991 n. 40 is added to the following article: "Art.1 bis The expression" firearm "any portable weapon equipped with barrel capable of firing bullets, by the action of a combustible propellant. For the purposes of this Act, an object is considered capable of being converted into a weapon if: - it has the appearance of a firearm (pistols, revolvers, rifles); - For the technological characteristics (mechanical structure, material quality) can be transformed in such instrument. For the purposes of this Act, the term 'Party' means any element specifically designed for a firearm and essential to the fulfillment of its functional cycle. Falling outside the barrel, bolt or breech block, frame or receiver, slide the drum. , They are treated as parts of weapon devices, designed, constructed, or adapted to diminish the sound produced by a firearm. For the purposes of this Act, the term 'ammunition' the set of suitable cartridges to be used in a firearm. The cartridge is divided into the following components: cartridge case, primer, gunpowder, ball or bullet (projectile). ". Art. 3 (Amendments to Article 2 of Law 13 March 1991 n. 40) Article 2 of Law 13 March 1991 n. 40 is amended as follows: "Art.2 For sale by armories II ^ category, as defined by the Chief Executive Decree 27 September 2006 n. 98, with respect to long guns with barrel or smooth bore barrels - and also for the sale of long guns with rifled barrel or barrels to ordinary repetition or semiautomatic, provided that they use for hunting, requested for disclosure and registration of Port d'Armi document that authorizes the legitimate purchase. Failing the sale can be authorized only by the security clearance of the Command of the Gendarmerie. Non-residents must present identification and license Port of Weapons or other qualifying title purchase valid and require NO quotation of the Gendarmerie for all types of purchased firearm, either long or short it , which will release it after the usual inspections of the competent authorities for PS territory. These findings will have a maximum validity of 90 days. It is prohibited the sale of firearms to private individuals through online communication channels, it is also prohibited the shipment of the same to non-residents in the Republic of San Marino, unless the same happens through specially authorized shipper. For the sale of calcium weapons detachable or folding the provisions for the sale of the court of which the next article weapons. ". Art. 4 (Amendments to Article 4 of Law 13 March 1991 n. 40) Article 4 of Law 13 March 1991 n. 40 is amended as follows: "Article 4. The request for security clearance or authorization, addressed to the Command of the Gendarmerie, must be signed by the person intends to sell, and also by those who intend to buy the weapon. The latter must be fully identified by brand, model, operation and caliber. Attached to the above requested, must be included photocopy or scanned image of the document Porto d'Armi, or other qualifying title acquisition, photocopied or scanned dall'armiere which can then verify the authenticity of the same. If the purchaser produces a proxy all'armiere to purchase, when will withdraw the weapon will necessarily produce the original document all'armiere as measured by the actual possession of the title sent with the delegation. ". Art. 5 (Amendments to Article 5 of Law 13 March 1991 n. 40) Article 5 of Law 13 March 1991 n. 40 is amended as follows: "Art. 5 With the entry into force of this law anyone who introduces into the territory of the Republic, buys, sells or receiving a firearm - in any capacity, by deed inter vivos or because of death - must report it within 3 days to command of the Gendarmerie stating the weapon's identification data, the name of the previous owner or possessor, the title of purchase and the place where the weapon will be preserved. The resident in the Republic of San Marino that it intends, in any capacity, give up weapons and ammunition to non-resident entity must request quote nothing-Osta to the Command of Gendarmerie Gendarmerie Brigade Command or territorial jurisdiction. After the verification referred to in Article 3 paragraph 1 last part of this law and the release of its approval by the Gendarmerie, the sale of firearms and materials
Article 1 purchased by residents or domiciled in Italy and under a qualifying title to the purchase issued by that State, and in the armories and from private, must be communicated in real time to the Office of the Gendarmerie Weapons that will immediately to inform the competent police authorities. Every person of age residing in the Republic may request, while not in possession of Porto d'Armi, no impediment to the Gendarmerie for the detention of a maximum number of 10 firearms. Beyond that limit, it must be requested special permission to Gendarmerie, following an evaluation of appropriate objective and subjective requirements, may grant it. The license has been issued, follow the rules dictated by the Gendarmerie Command. Weapons and ammunition held, must be guarded with the greatest care in a suitable place where the deposit offers adequate guarantees of security. The citizen may also apply for housing c / or structures authorized to increase its protection on weapons security. 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 firearms license, appropriate 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 the immediate seizure of weapons. It is obligatory on the part of the owner of the weapons, to immediately report to the Gendarmerie of loss, theft of weapons or parts thereof and ammunition. Failure case like the failure to report is punishable under Article 252 and 252 bis of the Penal Code as well as the measures taken by the Commander of the Gendarmerie in implementation of this Law. The obligation to report does not concern the weapons purchased by traders and note on the loading and unloading register referred to in Article 1, nor the weapons purchased by private premises of economic operators with the formalities and authorizations referred to in articles. 2 and 3 of this Law, representatives nor the firearms manufactured before 1890 ". Art. 6 (Amendments to Article 6 of the law 13 March 1991 n. 40) Article 6 of the law 13 March 1991 n. 40 is amended as follows: "Art. 6 The sale of weapons, ammunition and powders to non-residents, will have to comply with existing legal requirements in the country of residence. In particular, firearms intended for residents in Italy, must enroll in the National Catalogue of Italian gunpowder weapons and possess all the requirements of the legislation in force in that country. The same provision applies to automatic and demilitarized military weapons. Traders of wholesale commercial license holders to import items classified as weapons of category I or II ^ ^ excluding the category of firearms, must adapt to the extent compatible with the requirements of the Chief Executive Decree n. 98/2006 in accordance with an ad hoc measure of the Command of the Gendarmerie. Are banned in any case, the sale, purchase and possession of these weapons to individuals believed to be illegal and therefore subject to confiscation: - automatically operated weapons; - Not individual weapons; - Weapons from the budget of the national or foreign armed forces; - Weapons changed in the essential characteristics or size; - Weapons lacking in all or part of the serial numbers or other identification marks; - Camouflaged weapons, occult or concealed in the form of other objects. It is also prohibited to import, possession or trade of explosives, unless special requirements individually and previously authorized by the Command of the Gendarmerie. They are also considered illegal ammunition using self-propelled projectiles, armor-piercing, explosive, incendiary, dum-dum and military cartridges with Mark Born place on the case back. It is also forbidden to transform any weapon and demilitarization of military and automatic weapons. The Command of the Gendarmerie will prohibit from time to time with the general provisions the sale and transfer of any kind of individual weapons or categories of weapons, given the offensive potential and the dangerousness of the same and the provisions in the Conventions and acts International. It may also prohibit the sale of semi-automatic repeating weapons yet have the appearance of automatic weapons. The ban on the sale involves the import ban and detention at the close of trade. ". Art. 7
(Amendments to Article 8 of Law 13 March 1991 n. 40) Article 8 of Law 13 March 1991 n. 40 is amended as follows: "Art. 8 Shall be punished with the penalties provided in Article 251 of the Criminal Code anyone without observing the requirements of this law introduces in the State, sells, buys or receives and still owns firearms or intrudes to make them buy or receive. The fact always involves the confiscation of the weapon. The penalty is increased by one or two degrees in the case of illegal weapon under article 6, third paragraph, and may in any other case be increased to the same extent when the offense is particularly serious for the characteristics or the amount of weapons ie for the exclusive or main purpose of profit or for the specific and repeated relapse envisaged by artt.18 and 91 of the Criminal Code. Paid by the economic operators, in case of recurrence or persistent failure to comply with the requirements given by the Command of the Gendarmerie, the interdiction sentence of first instance by the profession, art, industry, trade or profession shall also apply in Article 82 of the Penal Code.". Art. 8 (Amendments to Article 9 of Law 13 March 1991 n. 40) Article 9 of Law 13 March 1991 n. 40 is amended as follows: "Art. 9 The provisions of this law shall also apply to "replicas of weapons", meaning replica weapon proper, efficient although rendered non-functional in a non-permanent, although disabled, with outward appearance and function that faithfully reproduce those the weapon of the time before 1890. for all legal purposes for "reproduction of weapons" antique "firearms are those products made from materials that do not allow conversion into efficient weapons, with totally or partially obstructed barrel. the weapon that is played is considered "old" when the time before 1890. For instruments reproducing weapons or "model weapon" means a product made with the use of techniques and materials that do not allow the transformation to an efficient weapon, barreled spaces and permanently blocked and fixed, possibly by firing blanks by the use of shots with blanks of paper or cardboard capsules capable of producing only a moderate roar. At the end of the barrel must be built a non-removable red cap. The sale of the blows to prejudice can only be done in the armories of II ^ category. The Command of the Gendarmerie is required: to carry out inspections and verifications with the operators authorized to trade in arms, ammunition and explosive materials; to prescribe from time to time measures necessary for the protection of public order; to submit the import and trade of such issues checks and prescriptions. Children under 18 years can not buy, receive, and still possessing firearms, gunpowder, ammunition for firearms, fireworks of IV and V ^ ^ category that bear the "CE marking type", nor the bombs and the other materials listed in Article 251 of the Criminal Code. In the case where the child is part of a sports federation responsible to the various shooting disciplines and is under the guidance of the person exercising parental authority, you may exceptionally make use of the weapon in practice target shooting. As not derogated by this Act, shall remain in force the order provisions. By 1 January 2012, all the armories will computerize to be linked to the Office of the Gendarmerie Weapons. ". Art. 9 (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 or explosive materials) and 'punished with imprisonment of second degree [from six months to three years] or with the arrest of the second degree [ a fortnight to two months], anyone without the required authorizations: 1) manufactures, introduces in the territory of the Republic, puts into circulation, has the aim of putting in circulation their weapons, bombs, gas or flammable or explosive materials or devices; 2) shines mines; 3) shoots guns, lit fires of artifice, rocket launchers, or cause ignitions or hazardous explosions in inhabited place or direction of it; 4) carries out his own weapon from his home. ". Art. 10 (Amendment of Article 252 of the Penal Code) Article 252 of the Penal Code is amended as follows: "Art. 252 Omission of cautions in the case of weapons, bombs, gas, explosive devices shall be punished by imprisonment of First Instance [from three months to one year] anyone who: 1) fails to render harmless or to complain to the authorities bombs or other unexploded explosive or flammable he found;
2) lower delivery person of eighteen years who is not in possession of the license or authority is not part of a sports federation or person incapable of even partially understand or want or imperita in the stables, their weapons, bombs, bombs or explosive or flammable materials, or bring them to him leaves neglect the precautions necessary to prevent to seize them; 3) without just cause outside the door of their house or vicinity of it improper weapon. Applies daily fine of third degree [from twenty to sixty days] when the act referred to in point 2) is committed: a) in the places prepared for the shot, as long as it is not allowed to exercise sport; b) the places where the hunting activity can take place. When the facts referred to in the preceding paragraphs regarding weapons, ammunition or illegal explosives, apply the imprisonment of second degree [from six months to three years]. Everyone exercising professional activities involving weapons or explosives or authorized collections or collection of weapons is punishable by imprisonment [from one to three months] or daily fine of third degree [from twenty to sixty days] unless It adopts or does not maintain effective anti-theft defenses necessary to protect public safety. ". Art. 11 (Insertion of Article 252 bis of the Criminal Code) after Article 252 of the Criminal Code shall be inserted the following Article: "Art.252 bis (Failure to report the lost or theft of a weapon) Anyone failing to report to command of the Gendarmerie the loss or theft of a weapon or part of it or explosives of any kind shall be punished with a fine by days of third grade [from twenty to sixty days]. Anyone rinvenga weapon or parts of it or explosives of any kind, or becomes aware of deposits and discoveries of explosives must immediately notify the Command of the Gendarmerie, under penalty of arrest of the third degree [from one to three months ] or daily fine of third degree [from twenty to sixty days]. ". Art. 12 (Insertion of Article 252 ter of the Criminal Code) after Article 252 bis of the Penal Code shall be inserted the following Article: "Art.252 b (illegal arms) Traffic Anyone who acquires, sells, delivery, transports or transfers firearms, their parts or ammunition without an identification number, or other identifying mark or if no authorization shall be punished by imprisonment in the fourth degree [from four to ten years]. And 'punished with imprisonment of third degree [from two to six years] whoever holds the weapons referred to in the previous paragraph, anyone who brings in a public place or open to the public, anyone cancels, forges or alters the serial numbers or other identifying signs of weapons. ". Given at Our Residence, this day of 16 November 2011/1711 THE CAPTAINS REGENT Gabriele Gatti - Matteo Fiorini THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta

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