Decree Law 127 Of August 4, 2011 - Amendments And Additions To The Law 13 March 1991 N. 40 "firearms Purchase"

Original Language Title: Decreto Legge 4 agosto 2011 n.127 - Modifiche e integrazioni alla Legge 13 marzo 1991 n. 40 “Acquisto armi da fuoco”

Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17099139.html

THE CENTRAL COMMAND OF POLICE

SAN MARINO
DECREE - LAW 4 August 2011 n.127


We the Captains Regent of the Most Serene Republic of San Marino

In view of the necessity and urgency conditions laid down in Article 2, paragraph 2, point b) of the Constitutional Law
December 15, 2005 and 183 of Article 12 of the Qualified Law 15 December 2005 n
.184 namely the need to harmonize the legislation of San Marino concerning
firearms with the Italian and the urgency to sign technical agreement between the Republic of San Marino and the Italian Republic
immediately operational at the end to enable the exchange of information between competent authorities
Police finalized the transfer of arms, ammunition and explosive materials
aim of protecting the domestic and international public safety;
Given the decision of the 2 State Congress adopted in the sitting of 2 August 2011;
Considering Article 5, paragraph 2, of the Constitutional Law no. 185/2005 and Article 9 and Article 10, paragraph 2,
of Qualified Law n.186 / 2005;
We promulgate and send for publishing the following Decree-Law:


AMENDED LAW March 13, 1991 # 40
"FIREARMS PURCHASE"

Art.
1 (Amendments to Article 1 of Law 13 March 1991 n. 40)

Article 1 of Law 13 March 1991 n. 40 is amended as follows:

"Art. 1

Any economic operator enabled the retail trade of firearms,
is obliged to keep records for weapons, powder, ammunition and pyrotechnics of IV and V ^ ^
category or bearing the trademark " EC type "and a file for the sole weapons. The
records above must be signed on each page, as well as each tab relatively
to arms sun, by the Command of the Gendarmerie, and will indicate the loading and unloading of
respective articles and daily operations. E 'prohibited the sale of explosives. Until you
will not be validated computer link with the Gendarmerie of each armory, tabs,
relative to 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, is obliged to notify the successful delivery to the purchaser of each
firearm or part thereof 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 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
generality and the domicile of the parties with which the loading and unloading operations are carried out, the number of
Port of Weapons or other qualifying title to 'purchase, the date of issue and the validity current
with the entity indication, authority or office who issued it.
2
Regarding the sale of powder, cartridges, pyrotechnics of IV and V ^ ^
category that bear the mark "EC type" referred to in paragraph 1, to non-residents, in
quantities permitted by law of the country of belonging, it is established that the sale can take place
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, of
referred to in article 3 of this Act. The armory will inform, at the same
To corresponding sales, the Gendarmerie Weapons Office that will give immediate notice to 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 Gendarmerie Corps, can hold up to a maximum of 1,500 cartridges related to
regularly held and denounced weapons, 5 kg gunpowder. For holders of Porto
for 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 of the authorization
is annual.
The Command of the Gendarmerie is required to carry out all the investigations deemed necessary
about the authenticity, veracity and validity of personal documents of recognition provided for 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 term "firearm" any portable weapon equipped cane
capable of launching projectiles 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:
- has the appearance of a firearm (pistols, revolvers, rifles);
- To the technological characteristics (mechanical structure, material quality)
can be transformed in such instrument.
For the purposes of this Act, the term 'Party'
any element specifically designed for a firearm and essential to the fulfillment of its functional cycle. Fall
assuming the barrel, bolt or breech block, frame or receiver, slide the drum.
Are equivalent to parts of weapon devices, designed, constructed, or adapted to attenuate the noise produced by
firearm.
For the purposes of this Act, the term 'ammunition' the set of suitable
cartridge 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 the armories of IInd 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, is required the performance and recording of
Porto d'Armi document that authorizes the legitimate purchase. Failing the sale can only be authorized by the
security clearance of the Command of the Gendarmerie. Those non-residents
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must present identification and license Port of Weapons or other qualifying title
purchase valid and require NO quotation of the Gendarmerie for each type of weapon
purchased by fire , either long or short it, which it will release after the
usual inspections of the authority competent for PS territory. These investigations will
maximum validity of 90 days.
It is prohibited the sale of firearms to private individuals through the online communications channels, also
is prohibited to transport the same to non-residents in the Republic of San Marino,
unless the same happens through specially shipper authorized.
For the sale of calcium weapons detachable or folding the provisions for the sale of the court of
weapons when the next article. ".

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:
"Art.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.
Latter must be fully identified by brand, model, operation and caliber.
Attached to the above requested, must be included photocopy or scanned document
of Port 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, at a time when
withdraw the weapon will necessarily produce the original document all'armiere
as measured by the actual possession of the title sent with 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
cause of death - should denounce it by After three days at the Command of the Gendarmerie
indicating the weapon's identification data, the name of the previous owner or possessor, the purchase
title and the place where the weapon will be preserved. The resident in the Republic of San Marino
it intends, in any capacity, yield to the non resident weapons, and ammunition should

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 of
materials referred to in Article 1 bought by entities resident or domiciled in Italy, and by virtue of a title
qualifying purchase issued by that State, and in the armories and from private, will 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
that, after evaluation of appropriate objective and subjective requirements, may grant it. The
release the latter, follow the rules dictated by the Gendarmerie Command.
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Weapons and ammunition held, must be guarded with the utmost diligence in
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 Safety
weapons.
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 renewal of such a license
or firearms license, appropriate medical documentation attesting to their fitness psychophysics
of the subject. In this prescription it is also subjected anyone found holding single authorization
to gun ownership. 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
loss, theft of weapons or parts thereof and ammunition. Failure to housing
Like the failure to report is punishable under Article 252 and 252 bis of the Penal Code as well
by measures taken by the Commander of the Gendarmerie under this Act
.
The obligation to report does not concern the weapons purchased by economic operators and note
on the loading and unloading register referred to in Article 1, nor the weapons purchased by private operators at cost
with the formalities and authorizations Articles. 2 and 3 of this Act, nor finally
firearms manufactured before 1890 ".

Art. 6
(Amendments to Article 6 of the law 13 March 1991 n. 40)

Article 6 of Law 13 March 1991 n. 40 is amended as follows:

"Art. 6

The sale of weapons, ammunition and powders to non-residents, must meet the applicable legal
conditions in the country of residence. In particular, the gunpowder weapons intended for residents in Italy,
must enroll in the National Catalogue of Italian gunpowder weapons and possess all
requirements of the legislation in force in that country. The same provision applies to automatic weapons and military
demilitarized.
Traders of wholesale commercial license holders to import
items classified as weapons of category I or II ^ ^ excluding the category of firearms,
they must adapt to the extent compatible with the requirements of delegate 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 private
be considered 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;
- Disguised weapons, occult words hidden 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,
piercing, explosive, incendiary, dum-dum and military cartridges with Mark Born place on
caseback.
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
sale or transfer of any kind of individual weapons or categories of weapons, taking into account the
offensive potential and the dangerousness of the same and what established in the Conventions and the
5
international acts. 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 in order to 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
observe the requirements of this law introduces in the State, sells, buys or receives
and still owns firearms or steps in to buy them 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 the previous
Article 6, third paragraph, and may in any other case be increased to the same extent
when the offense is particularly serious for characteristics or quantity of weapons or
for exclusively or mainly for profit or for the specific and repeated recurrence provided by artt.18
and 91 of the Criminal Code.
Paid by the economic operators, in case of recurrence or persistent failure to comply with requirements
dates from the Command of the Gendarmerie, also applies the interdiction worth
first instance by the profession, art, industry, trade or craft Article 82 of the Criminal 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 itself, efficiently even if rendered inoperative in non-permanently and
although disabled, with outward appearance and operation that faithfully reproduce those of
weapon of the time before 1890.
For all legal purposes for "playback of weapons" antique "firearms are per
products made from materials that do not allow conversion into efficient weapons, with rod completely or partially blocked
. The weapon that plays it considers "old" when the

period prior to 1890. For instruments reproducing weapons or "model weapon" means a product made with
using techniques and materials that do not allow the transformation into a weapon efficient, to
cane completely and permanently blocked and fixed, possibly with shooting blanks by using
shots blanks of paper or cardboard capsules capable of producing only a moderate roar.
end the barrel must be incorporated a non-removable red cap. the sale of
shots prejudice can only be done in the armories of IInd class.
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 measures
time to time necessary for the protection of public order; to be subject to controls and requirements
the import and trade of such issues.
Children under 18 years can not buy, receive, and still hold firearms,
gunpowder, ammunition for firearms, fireworks of IV and V ^ ^
category that bear the "CE mark on the type "nor the weapons and other materials listed in Article 251 of the Criminal Code
. In the case in which the lower part of a sports federation intended to the various
6
shooting disciplines and is under the guidance of the person exercising the mayor, may exceptionally make use of the weapon
in practice target shooting.
As not derogated by this Act, shall remain in force the provisions concerning order
.
By 1 January 2012, all the armories will computerize to be connected
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, explosive devices and materials
flammable or explosive)

And 'he punished with imprisonment of second degree [from six months to three years] or with the arrest of a second degree
[a fortnight to two months], anyone without the required authorizations:

1) factory, introduces in the territory of the Republic, it puts into circulation, has the aim of putting into circulation
own weapons, bombs, gases or explosives or inflammable materials or explosive
;
2) shines mines;
3) shoots guns, lit fires of artifice, rocket launchers, or cause ignition or explosion dangerous
inhabited place or direction of it;
4) leads out of the home's weapon. ".

Art. 10
(Amendment of Article 252 of the Criminal Code)

Article 252 of the Penal Code is amended as follows:

"Art. 252
Omission of cautions in the case of weapons, bombs, gas bombs

It is punished with imprisonment of First Instance [from three months to one year] anyone:
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 authority
license or not part of a sports association, person or even partially
incapable of understanding or wanting or imperita in the stables, their weapons, bombs, bombs or explosive or flammable materials
, leaving them to him or neglects to bring the necessary precautions to prevent
to seize them;
3) without just cause outside the door of their house or vicinity of it a weapon improper
.
Applies daily fine of third degree [from twenty to sixty days] when the act referred to in point 2) is committed
:
a) the places assigned for the shot, as long as it is not of ' allowed to exercise activities sports
;
B) may take place in places where hunting activities.
When the facts referred to in the preceding paragraphs regarding weapons, ammunition or explosive
illegal, it applies the imprisonment of second degree [from six months to three years].
Everyone exercising professional activities involving weapons or explosives or
allowed in the collection or collection of weapons is punishable by imprisonment [from one to three months] or with
7
daily fine third degree [from twenty to sixty days] if it does not adopt or maintain efficient
theft defenses necessary to protect public safety. ".

Art. 11
(Insertion of Article 252 bis of the Penal 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 the Command of Gendarmerie the loss or theft
weapon or part of it or explosives of any kind shall be punished with a fine by days of third grade
[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
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 is added to the following article:

"Art.252 ter
(Illicit trafficking of weapons)

Whoever acquires, sells, delivery, transports or transfers firearms, their parts and ammunition
having no serial number or other identifying mark or if no authorization
shall be punished with imprisonment of fourth degree [four ten years].
And 'punished with imprisonment of third degree [from two to six years] whoever holds the weapons
in the preceding paragraph, anyone who brings in a public place or open to the public, anyone cancels, forges or alters
serial numbers or other identifying marks of the weapons. ".



Given at Our Residence, this day of August 4 2011/1710 dFR




THE CAPTAINS REGENT
Maria Luisa Berti - Filippo Tamagnini





THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta