Advanced Search

Consolidated In Matter Of Weapons And Explosives

Original Language Title: Testo Unico In Materia Di Armi Ed Esplosivi

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
San Marino, August 2009/1708 d


SAN MARINO




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



In view of article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law
186/2005;
We promulgate and send for publishing the following ordinary law approved by the Great and General Council
its meeting on August 2, 2012:



LAW August 10, 2012 122



ACT IN THE MATTER OF WEAPONS AND EXPLOSIVES


Art.
1 (Purpose)

This law aims to regulate the acquisition, possession, port, transportation,
trade, import, export, repair, demilitarization and deactivation of
weapons, related accessories, ammunition, pyrotechnic articles and explosives,
by establishing a high level of protection of health and public safety, for the safety of
consumer and environmental protection.


Art.
2 (Scope)

The provisions of this single text on weapons and pyrotechnic articles do not apply
:
a) to police both military and civilian, and the Ecological Guard;
B) of the Armed Forces of the Republic of San Marino;
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
intended to 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;


2

f) percussion caps intended specifically for toys EC type.


Art.
3 (General Definitions)

For the purposes of this Act for arms:
a) any firearm as defined below in Article 4;
B) bombs of any type and any device containing explosive substances, incendiary,
asphyxiating 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 that is, those from tip tools, cutting, by blow, blunt, there
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 suitable
to offend the person and employees to that effect.
Do not fall within the definition of weapon, firearms deactivated in the final and
manner that can not be reactivated.



CHAPTER I FIREARMS


Art. 4
(Gun)

The expression "firearm" any portable weapon designed rod to cast
bullets, using the driving force of a better combustible propellant called propelling charge
.
An object is considered as capable of being converted into a firearm if for
technological features that mechanical structure and quality of materials, can be transformed
to expel a shot.


Art. 5
(Firearms and parts of the same prohibited)

They are prohibited the possession, transport, the port, the sale and purchase:
a) of automatic operation better known as "rapid-fire" weapons;
B) non-personal weapons;
C) launchers for military use;
D) of the bombs of any type and any device containing explosive substances, incendiary,
asphyxiating or toxic substances, whether they be of military use that circumstance;
E) of the modified weapons or altered in the functional and dimensional characteristics;
F) firearms disguised as other objects except those of historical and artistic interest
well qualified by the Technical Committee Firearms and Explosives;
G) of weapons without the prescribed marks and identification marks as set out in Article 12 of this Law
;
H) of devices designed and manufactured to be applied on the weapons in order to mitigate the noise
produced by the firing of a firearm.




3


Art. 6
(Firearms short and long)

It defines "weapon of short fire" gun whose barrel length is less than
30 cm or whose overall combined length does not exceed 60 cm. Any other firearm
that exceeds the aforementioned overall size is defined by long firearm.


Art.
7 (Part of a firearm)


"Party of weapon" means any element specifically designed for a firearm and essential to
to its mechanical and / or burst.
The falling outside the barrel, bolt or breech block better called "rocker", the stem better referred
"carcass", the breech-closing mechanism, the drum.
Are equivalent to parts of weapon devices designed and constructed to reduce the noise
produced by the firing of a firearm.


Art. 8
(An essential part of a firearm)

For "essential weapon" means the closing mechanism, the chamber and the barrel of firearms
which, being separate objects, are included in the category in which the weapon was classified
fire of which they are or are intended to be mounted.

Art. 9
(Weapons demilitarized and off)

For "demilitarization" means the technical operation whereby a weapon
War is transformed into a weapon for civil purposes.
For "deactivation" means the technical operation by which a firearm is rendered inert
in an irreversible and permanent.
The technical intervention demilitarization and deactivation must be performed by those who have the specific job requirements
certificates from having passed appropriate exam before the Commission
Technical Weapons and Explosives.

Art. 10
(for stage use weapons)

For "firearms for stage use" means the firearm on which, with appropriate technical devices
, is partially occluded the barrel just to prevent a
expel a projectile.
The for stage use weapons must be carried at a gunsmith and their use must
made under the constant control of such firearms dealer or his delegate.

Art.
11 (Alteration of weapons)

Anyone in order to render easier the port, use or concealment,
alters the mechanical properties or increasing the size of the potential offensive weapon, is punished under Article
252 quater of the Criminal Code.


4


Art.
12 (Marking of firearms)

On each firearm at the time of production must be reported in the form indelible
, to an essential component, which would render the firearm unusable:
the name of the manufacturer, the country or place production, the serial number (numeric or alphanumeric code with
), year of manufacture or a code that makes it possible to identify the year of manufacture
, the mark that indicates the punching at a bank of
recognized testing and any other marks required by the legislation of the country of production or distribution
.
CHAPTER II


OTHER WEAPONS
Art.
13 (General Rules)

Bows, crossbows, knives, weapons of reduced firing potential, fishing underwater rifles
, puncture and cutting tools are free and can be taken out of detention
from home only major subjects of 18 years, and for good reason that is for
of sporting events or cultural-folk in which the subject is a weapon bearer
athlete or a helper.
The Weapons Office of the Gendarmerie with special circular identifies tip tools and
from the sale destined cut.
On terms specified in the first paragraph, to minors under 18 is allowed the use of these weapons and tools
only in areas equipped and the presence of senior manager
person of 18 years and in compliance with the regulations issued by sports federations
membership.
It is forbidden to take out of their homes: noccoliere, nightstick, mace,
manfrusti, opening knives spring of any type better known as "snap", shuriken,
animated batons, electric-shock devices better known as "electronic bollards."
Anyone who violates the provisions contained in the preceding paragraphs, unless the fact
constitutes a more serious offense, shall be punished under Article 252 of the Criminal Code.
The selling scheme referred to in the first paragraph of weapons, is governed by
Articles 36 and 42 of this Act.

Art. 14
(signaling guns, rocket launchers and tools launches syringes)

The guns and rocket launchers tools for distress signal can be freely obtained
, transported and held by persons 18 years of major holders
vessels or carrying out relief activities, alpine, civil, only for the specific employment covered by
.
Are deemed equivalent to pistols tools launches for veterinary use syringes.

When buying only on presentation of an identity document of
validity and transaction recording in a register, by the shopkeeper.

Art. 15
(Weapons of reduced potential shot and single-shot muzzle-loading weapons)

They are to be reduced potential firing weapons those exploiting the driving force
compressed air or gas in the tank and develop an energy not exceeding 7.5 Joule. They are free


5

sale and possession, in older subjects. When buying only on presentation of
identification valid and transaction recording in a register,
by the shopkeeper.
The firearms that provide more than 7.5 Joules energy are treated as weapons
fire and therefore subject to the same legal obligations.
The weapons are treated as one-shot muzzle-loading weapons of reduced firing
potential and therefore subject to the regulatory regime in the first paragraph.


Art. 16
(playing instruments, blank guns, inert reproductions, soft air guns, paintball)

I'm playing or sports activities than for recreational activities or sports
having the form of a firearm or which constitute replication tools. All playing instruments or sports activities
who develop an energy between 0.50 and 7.5 Joules are freely sold to more
of 18 years and are subject to the provisions referred to in Article 13. || | the toy stores can sell only the tools that develop a power not exceeding
1 Joule.
The blank guns and inert replicas of firearms fall into this category.
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 at
structures authorized with special license.
All instruments mentioned in this Article may be transported outside their home
only justifiable reason for that is to be used as part of the game equipped
fields, in the activity of training dogs to fire or demonstrations of sporting or cultural-folkloric, authorized
.
The violation of the provisions referred to in this article involves the application of
administrative penalty of € 2,000.00 to € 10,000.00.


Art. 17
(anti-aggression cans of OC type)

They are classified as free sale of self defense tools and harbor, spray cans
antiaggressione type of OC (oleoresin caspicum), which, through the power of compressed gas or other
systems, launch an aerosol or a foam or gel and which must have the following characteristics techniques
:
a) maximum of 20 ml product content;
B) maximum concentration of active substance 10%, with a maximum concentration of capsaicin
and total capsaicinoids equal to 2.5%;
C) maximum operating range 3 meters;
D) have a suitable system of transportation safe to prevent accidental activation;
E) contained substances should not be flammable, corrosive, toxic.
The self-defense tools comply with the provisions mentioned above are of free sale at
subjects more of the 18 years prior obligation to identification of the seller or buyer
transferor or the transferee.
It is prohibited the sale, the purchase, the port and possession of spray cans employing as
active substance CS and CN.
All instruments of self-defense does not comply with the provisions of this article are considered suitable
weapons offense of the person, and therefore it is forbidden the port out of his home
.




6

Art.
18 (Prohibition of Porto of self defense tools and reduced potential)
weapons
It is forbidden to bring the self-defense tools, weapons from reduced potential firing, guns and rocket launchers
tools, instruments launches syringes, in public meetings, in sporting events and the like
, except as provided by the articles of this Chapter II.
Anyone who transgresses the upper hand is punishable under Article 252 of the Criminal Code
.

CHAPTER III THE AMMUNITION




Art. 19
(Definitions)

For "ammunition" is the set of suitable cartridge to be used into a weapon by
fire. The cartridge is divided into the following components: cartridge case, primer, propelling charge, ball or
bullet or projectile. Cartridge cases, primers, balls or bullets or projectiles are not controlled
authorizations of the Gendarmerie.
For the purposes of this Act gunpowder it shall be treated as ammunition and thus

Controlled according to the Gendarmerie, the purchase is then reserved for persons in possession of Porto
Weapons or security clearance resulting obligation to report to the Gendarmerie.


Art. 20
(Prohibited Ammunition)

It is prohibited to purchase, the sale and possession of self-propelled ammunition and those
a bullet piercing, incendiary, tracer, explosive, special loading with substances harmful
, irritating or toxic.


Art. 21
(Marking)

On every box of cartridges that each of the minimum packing box, for the
sale must bear the name of the manufacturer, any number identifier
production lot, the caliber and type ammunition, any year of production.


Art. 22
(Discipline penalties)

Except in the case of ammunition for sporting activities or hunting produced by the same
users, it is forbidden to carry, place on the market, import, export, transfer, sell weapons and ammunition
that are free of the marking in the articles 12 and 21 of this law.
The violations referred to in the preceding paragraph, unless the fact constitutes a more serious offense,
shall be punished under Article 252 ter of the Criminal Code.





7


CHAPTER IV ACQUISITION AND POSSESSION OF WEAPONS, AMMUNITION AND DUST

Art. 23
(Porto d'Armi and security clearance)

The Gendarmerie releases the Port of Weapons or purchase the required document, upon verification
of the requirements for the applicant. The Port of Arms or the required document
enable the purchase of weapons, ammunition and parts and fireworks Category 3.
It is forbidden to sell or transfer weapons to entities that are not accompanied by Porto Weapons or Nothing
Osta.
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 to
of weapons transportation and ammunition legally held and the port of the same
only during the exercise of sport or hunting.
The Port d'Armi is valid for 6 years. Revalidated after verification of the continuing
requirements mentioned in the first paragraph, letter b), c) and d), the following item 24.
If you are claiming the Port of Weapons or the required document explicitly excluding
the use of the same for the purpose of exercising sports or hunting, then you only require for the purpose of
acquisition and possession of weapons, possession of the requirement of paragraph d) to article | || 24, it may also be limited to the mental fitness.
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
special license or firearms, specific 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.
The validity of Porto d'Armi to use the weapon purposes, it is subject to annual payment
of the charge related to membership to the respective National Authorities.
Anyone who violates the provisions of the second paragraph, unless the fact constitutes a
a more serious offense, shall be punished according to the third paragraph of Article 252 ter of the Criminal Code.


Art.
24 (Requirements for the Port of Arms and security clearance)

The Port of Arms or the required document is issued to those who meet the following requirements:
a) be 18 years of age;
B) be resident in the territory of the Republic of San Marino;
C) not have a criminal record, exceeding 1 year imprisonment, for crimes related to
weapons, against the authorities, against the person, in matters of public policy, use of substances
drugs, drunkenness;
D) physical and mental abilities certified dall'UOC Primary Care and Territorial Health
accordance with the criteria set out in Annex A of this law.
For the Port of weapons for sports use also is required to be in possession of "Certificate of Technical
firearm handling" released by the Shooting Federation or Tiro a Segno.
For the Port of hunting weapons for use beyond the provisions of letters a), b), c) and d),
it required "Certificate of Fitness exercise hunting" in Article 9
of Law n.18 / 1979, 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
know the main topics in the field of weapons, ammunition, powders for


8

loading cartridges, legal rules, safety rules of handling, custody,
transportation, use of firearms.
He is a member of the respective examination boards for the issue "technical
Certificate handling weapons" and "Certificate of Fitness exercise hunting" a gendarme specially
Chief Firearms Office of the Gendarmerie.


Art. 25
(Refusal and revocation of the Port of Weapons and security clearance)

The Gendarmerie by grounded decision may deny, suspend, revoke, the
granting police authorizations referred to in Article 23 in regard to the subjects in whom
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 weapon, while remaining in custody at the Gendarmerie, can be sold
by the person who suffered the seizure order, to another entity meeting the requirements
for purchase. After 30 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
proceed to the confiscation of the weapon. If it is confiscated weapon tampered with, this will be
disabled and weakened or destroyed; other confiscated weapons and those restored to their original characteristics
will be sold pocketing the proceeds Ecc.ma Room.


Art. 26
(Residents)

The resident in the Republic of San Marino in whatever capacity they intend to buy,
hold, transfer, carry, carry weapons, ammunition, powders for loading cartridges must
get a proper security clearance or the Port d 'Weapons made by the Gendarmerie.


Art. 27
(not residents)

The non-resident in the Republic of San Marino intends to buy weapons, ammunition
, powders for loading cartridges must have the correct security clearance, or equivalent degree,
released by the Authority of the State of residence recognized by the Republic of San Marino,
by showing that it is entitled to purchase, and an identity document valid.
The security clearance or equivalent degree, if produced in a foreign language, it must be accompanied by a copy
translated into Italian with the affidavit.
The license holder as provided for in article 36, must apply for the required document to the Office
Weapons Gendarmerie before proceeding with the sale of handguns.
You are located in Italy, the purchase and the movements of weapons, ammunition, powders for
loading cartridges, pyrotechnics will be governed by special delegated decree
according to technical agreements signed on this subject between the Department of Public Security of the Interior Ministry
of the Italian Republic and the Department of Foreign Affairs of the Republic of San Marino
.

Art. 28
(weapons Quantitative limits)

Each subject more of 18 years residing in the territory of the Republic of San Marino
, owning Port of Weapons or security clearance issued by the Gendarmerie, may hold the


9

maximum number of twenty firearms. Beyond this limit must be a request
Office approval of the Gendarmerie Weapons that, after verification of places of custody and
security systems and intruder, may grant it. The weapons must be kept
held 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 the || | weapons.


Art. 29
(ammunition Quantitative limits)

The resident in the Republic of San Marino in possession of Porto d'Armi or security clearance,
released by the Gendarmerie, can hold up to a maximum of 1,500 cartridges and 5 kg of dust
gun.
For holders of Porto d'Armi to hunting use, the maximum number of cartridges is tenable
extended to 3000.
The members of the Federation of San Marino Shooting performing activities racing
, may request the extension of the number of cartridges from 1,500 to 3,000 producing
relative instance, endorsed by the sport's Federation, the Office weapons Gendarmerie
. The duration is annual.
Has not imposed any limits on detention of cartridges loaded with pellets.


Art. 30
(Society for sport shooting)


The companies, federations and associations of sports shooting, legally recognized, can
possess arms and ammunition exceed the limits specified in the preceding Articles 28 and 29. The weapons and ammunition
must be recorded on special registers comply with the provisions set forth in articles 39 and 40.

the ammunition, if purchased from authorized retailers in San Marino, and after it was
paid the tax for single-phase, may be sold by the organizations mentioned the first paragraph of the shooters associated
, upon registration, for use in their sports activities of the company and not
can be brought out of the plant shooting.


Art. 31
(Collection and collection of military weapons)

For individual subjects, legal or natural persons, are not the weapons that can be held
group or team or department, parts of them and their accessories, so they can be sold to associations or organizations
public or of historical or cultural interest entitled to
private collection of the aforementioned weapons, or, alternatively, pour the Gendarmerie. Weapons of collective or
team or department can not be held on ammunition.
The weapons of war held in the collection can not be transferred to another party unless
to other legal or natural person who is a license for weapons collection.
Can not be held more perfectly equal weapons collection that you do not deviate from each other by
any details.
The weapons mounted on war vehicles must be disabled and present its
certification issued by a qualified gunsmith.
It may be held in the collection bombs, mines, artillery shells,
any other explosive device or contrivance which contains active explosive parts.




10 The release of the "weapons of war collection License" is subject to possession of
subjective requirements for issuing a security clearance or Porto d'Armi
referred to in Article 24 and compliance with the security rules established by the Gendarmerie
regarding the suitability of the premises and of childcare.
Anyone entry into force of this law had picked up weapons of war, they
parts, accessories, and products of historical interest prior to 1945, can hold them by requiring the
Gendarmerie the "collection License of war "weapons.
Anyone who violates the prohibitions or does not observe the obligations set out in this Article shall be punished with imprisonment or
daily fine of the third degree and the seizure of weapons. Weapons seized will be
intended for State Museums.


Art. 32
(military weapons collection in museums)

The legal representatives of museums, associations, public or private organizations in which they are collected and preserved
military weapons, parts of them, ammunition, collections of firearms
of particular historic and artistic interest , they have the obligation to draw on a special register initialed by
Weapons of the Gendarmerie, the inventory than guarded. They must also regularly update the register
to be presented at the request of the Gendarmerie.

CHAPTER V


OBLIGATION OF COMPLAINT

Art. 33
(purchase, sale, firearm introduction)

Anyone, in any capacity, purchases, receives, sells or introduces into the territory of the Republic of San Marino
a firearm, must denounce it at the Gendarmerie Command
within 3 days of purchase, receipt , sale or weapon's introduction.
In the case of transfer to the cause of death is established time limit of 30 days
The same obligation is extended to ammunition and to dust for loading cartridges, excluding
hunting cartridges or shot sport-loaded pellets.
In the case of purchase from armories located in the territory of the Republic of San Marino the
formalities relating to the complaint with the authorities took place gunsmith.
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 they are present
marking marks, ammunition and powders for the loading of cartridges.
The resident in the Republic of San Marino can surrender weapons only person entitled
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 be indicated in the
the model, make, caliber, the weapon's serial number and the data of the

Porto d'Armi or security clearance of the receiver.
The detention complaint, referred to in the first paragraph must be presented again in the case of
arms transfers from custody to another place.
After express authorization from the Gendarmerie Weapons, weapons
legally purchased, received or held may be entrusted for safekeeping to agencies, institutions or security
institutions having appropriate provision structures, whose requirements objective are least
corresponding to the provisions of Article 43 of this law.


11

In addition to the provisions above, 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
its industry federations or regularly enrolled to them. Also may carry
the sole purpose of taking possession of the firearm, in any capacity, for an armory, with the prior
obligation to the Office of the Gendarmerie Weapons Armory by recipient | || delivery.


Art. 34
(theft and loss)

Anyone with weapons, munitions, explosive powders or has the obligation to report immediately to the Gendarmerie
loss, theft, misappropriation of them or of
same parts.
Impossible to lodge a complaint should immediately, by phone or fax,
give notice to the Gendarmerie and present themselves to the relative minutes within three days following
.
The failure to report or failure to alert are punished under article 252 bis of the Criminal Code
.


Art. 35
(Free loan of weapons)

Is permissible loan of firearms, legally held, for hunting or sports use
provided that the recipient is the person entitled under Article 23 of this Act except
the obligation to report to the Gendarmerie within two days of receipt of the weapon dell'avvenuta on loan
.
You are not required to the complaint referred to in the previous paragraph if the right to use the weapon
temporary, for the purpose of exercise or sport hunting, it is set up with the presence of the weapon's owner
and in favor of a person with the Police authorizations
detention and the use thereof.
If the loan of weapons takes place in the context of sports shooting facilities, the federations and
legally recognized associations, in favor of their members, the record
in the register is considered sufficient.



CHAPTER VI PROFESSIONAL PRACTICE OF ECONOMIC ACTIVITIES IN THE FIELD OF
WEAPONS, AMMUNITION, DUST AND TOOLS FOR SELF


Art. 36
(Armoury)

Any natural or legal person wishing to pursue the professional activity of
retail trade of firearms and gunpowder, parts of them, ammunition, powders for
loading cartridges, weapons, by type paintball game tools that develop
speed of the bullets do not exceed 100 m / s, pyrotechnic articles Category 1, 2, 3, 4, T1, T2, and P1, P2
Article 54 self defense tools, noccoliere, truncheons, mace, manfrusti, knives
to spring opening better known as "flip-off", shuriken, sword-canes, devices
better electrical discharge called "electronic bollards", aerosol OC spray anti-aggression,




12 subject to the requirements for issuing licenses in accordance with relevant legislation, must also
:
a) does not have a criminal record, in the Republic of San Marino or abroad, exceeding 1
years imprisonment, for crimes related to arms, against the authorities, against the person,
in matters of public policy, drug use, drunkenness;
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 capacity gunsmith" set forth in Article 51.
In the case of legal entity the aforesaid requirements of the above points a), b), c), must || | to be possessed by the shareholders, the employees of the company and the administrator.
However, anyone at any title lends its activity as a sales
at the armory must be in possession of the requirement of point d) of the preceding first paragraph
.
The issuance of the license is conditional upon possession of the eligibility requirements of the premises set forth in Article 37.



Art.
37 (Suitability of premises destined for sale)


In rooms where takes place the activity of sale of weapons referred to in Article 36
objective must meet the following requirements:
a) external shatterproof glass;
B) exhibitors and internal windows of shatterproof type and locked;
C) powders for loading cartridges should be kept out of the reach of
any patrons or unauthorized persons;
D) appropriate fire protection system;
E) intrusion of internal alarm system connected with school supervisory and / or
Command of Gendarmerie, with the license fee;
F) suitable electrical installation of explosion-proof in the storage rooms of loose powders;
G) connection to the Gendarmerie of the server for the computerized registration of computerized Central Archive
.
The technical characteristics of a), b), d) and f) above are defined with
appropriate delegated decree.


Art. 38
(Sales Formalities)

All firearms, weapons of limited power shot, ammunition, powders for
loading cartridges, fireworks of Category 3, T1, P1 must be sold with
identification of the buyer and the transaction record in special registers.
For category 2 fireworks is required only obligation to the buyer
identification.
Before the sale of handguns, the gunsmith must seek security clearance
Office of the Gendarmerie Weapons.
The records must be provided in accordance with the following Articles 39 and 40.
The compulsory identification is extended to all those articles which marks the obligation of
"private sale in more 18 years "referred to in articles 13 and 15 and which do not show
distinctive signs marking.
Unless the act constitutes a more serious crime, anyone who does not observe the provisions of
law concerning the obligation of identification and registration, shall be punished under Article 252 ter of the Criminal Code
.




13

Art. 39
(weapons registry)

Holders of licenses referred to in Article 36 are required to establish and maintain
for the whole period of their activity a register in which shall be entered all firearms
, incoming and output, in particular:
a) weapon type;
B) make and model;
C) caliber;
D) serial number;
E) names and addresses of the supplier and the purchaser;
F) references of the purchase title;
G) the date and time of the transactions.
The register must have 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 said register is to be communicated electronically
, computerized Central Archives of the Gendarmerie, the movement of weapons from
incoming fire and outgoing.


Art. 40
(ammunition Register)

Holders of licenses referred to in Article 36 are required to establish and maintain
for the whole period of their activity a register, in which shall be entered all
ammunition and powder for loading cartridges, incoming and outgoing, in particular:
a) type of ammunition;
B) make and model;
C) caliber;
D) quantity;
E) names and addresses of the supplier and the purchaser;
F) references of the purchase title;
G) the date and time of the transactions.
The register must have pages numbered consecutively and must be endorsed by
Weapons of the Gendarmerie. 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 dust
incoming and outgoing.
The cartridges loaded pellet, intended for recreational use and hunting,
are excluded from registration.

Art. 41
(Archive central computer)
It
be set up under the Command of the Gendarmerie Central Stock computerized. In this
Archive must be recorded and maintained for 50 years, the data referred to in Articles 39 and 40 of this Act
.




14
Art. 42
(Armouries reading)

Any natural or legal person intends to exercise the professional activity of

Trade of gunpowder weapons and gaming devices that discharge projectiles with energy not exceeding 7.5 Joule
, aerosol OC spray anti-aggression, blank guns and ammunition,
inert replicas of firearms , puncture and cutting tools, subject to the requirements
required for the issue of licenses in accordance with relevant legislation, it must also meet the requirements
referred to in Article 36. It is prohibited for the sale
noccoliere, nightstick, mace, manfrusti, shuriken, animated
batons, electric shock devices also called "electronic bollards."
In addition to that specified is prohibited from selling any other type of weapon or object
defense or liable to offend the person, including ammunition, gunpowder and fireworks.
The license shall be subject to meeting the eligibility requirements of the premises set forth in Article 43.



Art.
43 (fitness of premises)

In rooms where takes place the activity of sale of weapons and tools, referred to in Article 42
, must meet the following objective criteria:
a) glass and shatterproof outer windows;
B) a sharp and cutting instruments must be kept in exhibitors and internal windows locked
;
C) the eventual sale of other items not related to the weapons and tools above
must take place in a different department;
D) intrusion of internal alarm system connected with school supervisory and / or
Command of Gendarmerie, with the license fee.
The technical characteristics of the previous paragraph a) are defined by special
delegated decree referred to in Article 37.


Art. 44
(sales register)

Merchants selling weapons and instruments referred to in Article 42 are required to
establish and maintain for the duration of their activity a register in which must be entered
all gunpowder weapons and the instruments to play with energy exceeding 0.99 Joule, in
incoming and outgoing, in particular:
a) type of weapon or reduced potential game tool;
B) make and model;
C) any gauge;
D) any identifying marks;
E) name and address and address of the purchaser;
F) references to the performed identification;
G) the date and time of the transaction.
The register must have pages numbered consecutively and must be endorsed by
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 must be delivered to the Office of Weapons
Gendarmerie that maintains it for 50 years.




15 In addition to paper record on the aforementioned register, the gunsmith must communicate electronically
, computerized Central Archives of the Gendarmerie, the movement of weapons from
reduced potential firing or tools incoming and outgoing game.

Art. 45
(Street vending)

It is prohibited in itinerant trading in firearms, self-defense tools, weapons of limited
shot except power of those with power not exceeding 1 Joule, objects and tools
to offend referred to 'Article 13, third paragraph, of this Act.

Art. 46
(Online sales)

The firearms, ammunition and powders, paintball and all those items whose sale is
reserved for more of 18 years, with the exception of playing instruments such as soft air guns that develop
an energy of not more than 1 Joule, can not be sold with on-line method.


CHAPTER VII WHOLESALE, IMPORT AND EXPORT

Art. 47
(Wholesale and import and export)

Any natural or legal person wishing to pursue the professional activity of
wholesale or import or export, for commercial purposes, of the white
weapons, pyrotechnics, of self defense tools, of noccoliere, the truncheons, mace of
, the manfrusti, to the spring opening knives better known as "snap opening
", the shuriken, cartoon sticks, the devices better electrical discharge called
"electronic bollards", cans of OC spray anti-aggression, of gunpowder weapons and
toy instruments that shoot bullets with energy not exceeding 7.5 Joules, type paintball that
develop speed of the bullets do not exceed 100 m / s, gun salutes, the inert
reproductions of firearms, the tip and cutting tools, requires a special license issued
according to the laws in force.

The required subjective requirements are the same as in the previous article 36.
are prohibited wholesale, import and export of firearms, gunpowder and munitions
.
Having the availability of the materials referred to in the first paragraph, the premises where
takes the activity shall have:
a) proof glass;
B) an internal intruder alarm system connected with school supervisory and / or
Command of Gendarmerie, with the license fee.
The technical characteristics of the previous paragraph a) are defined by special
delegated decree referred to in Article 37.
In the case of availability of explosive materials, the objective requirements of the storage places are
defined by the Technical Committee Firearms and Explosives.

Art. 48
(Traceability of weapons)

So licensed, those referred to in Article 47 are required to establish and maintain
for the entire period of their activity a register in which shall be recorded in detail
transactions made, in particular:


16

a) country of origin of the materials;
B) name and address of the manufacturer or supplier;
C) type of materials;
D) quantity;
E) make and model;
F) in the case of caliber gun arms;
G) any lot numbers;
H) serial number or other type of marking;
I) the transaction date;
J) person or entity to whom they are sold.
Likewise must be noted in any other data required by the San Marino legislation
fact of trade with EU and non-EU countries.
The register must have pages numbered consecutively and must be endorsed by
Weapons of the Gendarmerie. 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 Office of the Gendarmerie
Weapons that maintains it for 50 years.
In addition to paper record on the said register is to be communicated electronically
, computerized Central Archives of the Gendarmerie, the incoming weapons movement and
output.

CHAPTER VIII TECHNICAL COMMITTEE


WEAPONS AND EXPLOSIVES

Art.
49 (Composition)

It is hereby established the Commission Technical Weapons and Explosives composed by the Commander of the Corps of Gendarmerie
or his delegate, the Executive Office of Industry and Commerce,
by a representative appointed by the trade associations, by the Manager Service of Civil Protection
or his delegate, the Director of the Department of Occupational Safety or his delegate.
Chairs the Commission on the Commander of the Gendarmerie. If circumstances require, the
Commission may from time to time appoint additional members, such as experts with specific expertise
.


Art. 50
(Tasks)

The Weapons and Explosives Technical Commission expresses opinion about the suitability of the premises and places where you play
trade, repair, demilitarization, decommissioning, storage of
weapons, explosives, gunpowder and gunpowder.
Likewise plays the role of the examination board for granting the status of dealer and
person with specialist knowledge in the field of pyrotechnics.


Art. 51
(technical capacity Certificate gunsmith)

Anyone who intends to qualify as a gunsmith must have the appropriate certification
certifying that it attended the training course for the verification of the technical capacity at
on weapons, ammunition, powders and pyrotechnics and exceeded the final exam.




17 The courses are organized by the Vocational Training Centre in view of the specific
type of business you will play.
At the end of the courses, the Commission Technique Firearms and Explosives performs examination of competence of the candidate to carry out the technical task
request.

CHAPTER IX PYROTECHNIC




Art.
52 (Definitions of pyrotechnics)

For the purposes of this Act shall apply:
a) Pyrotechnic article: any article containing explosive substances or an explosive mixture of
substances designed to produce heat, light, sound, gas or smoke or a
combination of such effects through self-sustaining exothermic chemical reactions;
B) fireworks pyrotechnic article whose destination is entertainment;
C) Theatrical pyrotechnic articles are those pyrotechnic articles for stage use and can be
used indoors or outdoors;
D) pyrotechnic articles for vehicles: are components of vehicle safety devices

Containing a certain quantity of pyrotechnic substance for activation of the same;
E) NEQ (net equivalent quantity): quantity of active explosive material in a
pyrotechnic article and indicated in the certificate of conformity issued by the competent body notified
.


Art.
53 (Definitions of subjects)

For the purposes of this Act shall define the following subjects:
a) importer means any natural or legal person in possession of the relevant license, which provides the
first placing on the market of pyrotechnic products in the foreign country;
B) distributor means any natural or legal person within the supply chain has
a pyrotechnic article available on the market;
C) Person with specialist knowledge: a person who has obtained, under current legislation
, the technical ability to use and manipulate fireworks of Category 4, items of theatrical
Category T2 and other items fireworks of category P2, as defined by Article 54.
next


Art. 54
(Classification pyrotechnics)

The classification of pyrotechnic articles are in conformity with the rules laid
European Union, contained in Annex B of this Act, so the
reference categories are as follows:
a) fireworks:
Category 1: fireworks which present a very low hazard and a
negligible noise level, the destination of which is the use in confined spaces or inside
locals;




18 Category 2: fireworks which present a low risk, low noise
, whose destination is the use in open spaces, confined, outside of local
;
Category 3: fireworks which present a medium hazard and a level of noise
not harmful to health, the destination of which is the use in large open spaces
, outside the premises;
Category 4: Professional fireworks which present a high hazard
whose use is restricted to "persons with specialist knowledge" referred to in subparagraph c)
​​ Article 53 of this Law and the whose noise level is not harmful to health
;
B) Theatrical pyrotechnic articles:
Category T1: pyrotechnic articles for stage use which present a low hazard;
Category T2: pyrotechnic articles for stage use professional whose use is reserved for "
persons with specialist knowledge";
C) Other pyrotechnic articles:
Category P1: pyrotechnic articles other than those referred to in subparagraphs a) and b), that
present a low risk;
Category P2: pyrotechnic articles other than those referred to in subparagraphs a) and b), whose
use is reserved exclusively to "persons with specialist knowledge."


Art. 55
(Technical fireworks)

The use, for any reason, the following pyrotechnics: fireworks Category
4, theatrical pyrotechnic articles of category T2, pyrotechnic articles of category P2, is reserved exclusively to people who
they have exceeded the prescribed training course in the field of
pyrotechnics organized by the Vocational training Centre with final exam before the Commission
Technical Weapons and Explosives.


Art. 56
(Sales Limits)

Pyrotechnic articles shall not be sold or made available to consumers below the following age limits
:
a) Fireworks:
Category 1: 14 years;
Category 2: 18 years on presentation of a valid identity document;
Category 3: 18 years on presentation of security clearance or Porto d'Armi and recording
sale;
B) Other pyrotechnic articles and theatrical pyrotechnic articles:
Category T1 and P1: 18 years on presentation of a valid ID.
Importers and distributors shall not sell or make available the following pyrotechnic articles
except to persons with specialist knowledge:
a) Category 4 fireworks;
B) pyrotechnic articles of category P2 and theatrical pyrotechnic articles of category T2.
The retail sales of pyrotechnic articles in the areas of the historic center of the capital as well
as defined by the law of the sector, it should be limited to the time of year that ranges from 1 December to 6 January and from
1 August to 31 August. Violation of this requirement involves
imposition of an administrative fine of € 100.00 to € 5,000.00.






19 Art. 57
(importer and distributor obligations)

Are obliged distributors to ensure that pyrotechnic articles made available on the

market should bring the CE mark on the type and are accompanied by the required documents.


Art. 58
(EC type conformity)

Under the present law it is forbidden to detain, use, put on sale or transfer to any title
, transport, import or export pyrotechnics without the CE marking of
type.
The violations referred to in the preceding paragraph, unless the fact constitutes a more serious offense,
are punished with a fine from € 1,000.00 to € 5,000.00.


Art. 59
(Market Surveillance)

The Gendarmerie with the participation of the Civil Protection Service performs all those
controls and those activities to ensure that pyrotechnic articles may be placed on the market
only if, when properly stored and used for the purpose they are intended
and do not represent a danger to public health and 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 determine their
security;
C) withdraw from the market and prohibiting the placing of those pyrotechnic articles which, though
comply with legal requirements, experienced as a result of investigations, are likely to endanger the health and safety
of people.
Any costs incurred for the disposal of pyrotechnic products withdrawn from the market in
in letter c), are due borne by the importer or distributor who
launched on the market.


Art. 60
(Explosives for civil purposes with the exception of the powders intended for refilling cartridges for
firearms)

It is forbidden to trade, possession and transport of explosives for civil use without prejudice
the hypothesis of individual transactions authorized by the Gendarmerie
hearing the opinion of the Secretariat of State for Industry, l ' Craft and Commerce. Are excluded from the application of this paragraph
powders intended for refilling cartridges for firearms.
With the prior approval of the Gendarmerie, after consultation with the State
Secretariat for Industry, Handicraft and Commerce, may be granted special
permits the detention of samples of explosives for the purpose of research, development, study, and the like
, according to the rules established by the Technical Committee Arms and Explosives.
Anyone who violates the provisions of the first paragraph, unless the fact constitutes a more serious
offense, shall be punished with imprisonment or second degree daily fine.





20
Art.
61 (Production of weapons, explosives and pyrotechnics)

It prohibited the manufacture of weapons, explosives and pyrotechnics.
This article is modified by delegated decree which will nevertheless provide
technical requirements relating to the production modes such as to protect safety and health public
.


Art. 62
(professional repair activities, decommissioning and demilitarization of weapons)

Pursuit of the activities of repair, decommissioning and demilitarization of weapons
will be governed by special delegated decree.


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, explosive devices and materials
flammable or explosive)

It is punishable by imprisonment or second degree with the arrest of the second degree, anyone without the required authorizations
:
a) manufactures, introduces into the territory of the Republic, puts into circulation, has the purpose of
put into circulation their weapons, bombs, gases or explosives or flammable or explosive
, self-propelled ammunition, a bullet piercing, incendiary, tracer, exploding, a special load
with harmful substances, irritating or toxic;
B) shines mines;
C) shoot with guns, lit fires of artifice, rocket launchers, or cause ignition or explosion dangerous
inhabited place or direction of it;
D) carries out his own weapon from his home.
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
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, he shall be punished with imprisonment up to third degree or
fine ranging from € 5,000.00 to € 12,000.00 for each violation, whoever also sells to more of 18 years
fires fireworks and pyrotechnics in violation of applicable requirements. ".

Art. 64

(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, explosives, bombs, gas bombs)





21 shall be punished by imprisonment for second degree anyone who fails to report to the competent authorities
purchase, possession or the discovery of weapons, ammunition, bombs, unexploded
explosive or flammable, and the transport of explosives civilians as required by
applicable laws.
It is punished with imprisonment of First Instance, any person:
a) lower delivery person of 18 years, which is not part of a sports federation, or
person who is in possession of the port does not d ' weapons or even partially disabled person
d'understand or want or imperita in the stables, their weapons, bombs, explosives or explosive or flammable materials
, lets bring them to him, or neglects the precautions necessary to prevent that if
seize them;
B) although bearing the Porto d'Armi, without justification leads out of your home or
adjacency of it own weapon;
C) holds weapons and ammunition over the quantities permitted based on current laws.
It is applied daily fine of third grade when the act referred to in paragraph a) of the paragraph that precedes it is committed
:
a) the places assigned for the shot;
B) may take place in places where hunting activities.
When the facts referred to in the preceding paragraphs relate to weapons or altered without registration, ammunition
or illegal explosives, the applicable prison third degree (from six months to three years).
Anyone carrying out professionally activities involving weapons or explosives or
allowed in the collection or collection of weapons, shall be punished by imprisonment or a daily fine
third degree if not taking or will not keep efficient anti-theft defenses prescribed by the laws of
matter. ".


Art. 65
(Amendment of Article 252 bis of the Penal Code)

Article 252 bis of the Penal Code is amended as follows:

"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 is liable to a daily fine
third degree (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, is obliged to immediately notify the
Command of the Gendarmerie, under penalty ' third degree stop (one to three months), or the daily fine
third degree (from twenty to sixty days). ".


Art. 66
(Amendment of Article 252 ter of the Criminal Code)

Article 252 ter of the Penal Code is amended as follows:

"Art.252 ter
(Possession, trafficking or illegal arms sales)

Anyone who acquires, sell, deliver, holds, transports or transfers firearms, their parts and ammunition
lack of serial numbers or other identification sign prescribed by applicable
laws on weapons, is punished with the third degree captivity (from four to ten years).




22 Applies the captivity of the fourth degree if the serial numbers of the weapons are abraded
altered or counterfeit, or whether it is weapons of war.
It is punished with imprisonment of First Instance any person who without the required authorizations of
law, hold own weapons. Subject to the same penalty anyone, though armed permissions
law brings in a public place or open to the public, without justification.
It is punished with imprisonment of second degree who sell or transfer weapons to individuals without the required authorizations
holding or purchase. The same punishment one who surrenders weapons
without having followed the prescribed procedures for the identification and registration of the transfer.
It is punished by imprisonment of third degree or with a fine from € 250,00 to € 1,000.00 anyone
introduces, receive or buy weapons, ammunition or dust without denounce authority in terms of || | law. The same penalty applies to anyone who holds, in any capacity, weapons or ammunition without having done
complaint authority and whoever omits the declaration of sale of in accordance with current regulations
weapons.

It is the faculty of the Judge, in case of recurrence of the violations provided for and punished under
this Article, apply the ban from trading in the fourth degree. ".


Art.
67 (Integration of the Criminal Code)

After Article 252 bis of the Penal Code, the following items are introduced:

"Art.
252 quater (Alteration of weapons)

Anyone who alters the mechanical characteristics or the size of a weapon in order to make it easier
port, use or concealment, or to increase its offensive potential, shall be punished with imprisonment
second-degree and third-degree daily fine.

Art. 252 quinques
(sanctions regime for illicit possession, purchase or sale of arms)

Anyone who neglects to use, in the custody of the weapons of the law shall be punished with caution
the arrest of third degree or a fine ranging from € 500.00 to € 1,000.00.
Failure keeping and retention of prescribed identification registries
assigns weapons, ammunition and gunpowder shall be punished with imprisonment up to a maximum of the second degree
or with daily fine of the second degree.

Art. 252 e
(Detention prohibited weapons)

Anyone with military weapons or ammunition, bombs, mines, artillery shells or
any other explosive device or contrivance which contains active explosive parts
particular danger, or at least weapons whose possession is prohibited It shall be punished with the penalty of imprisonment up
to the fourth degree. ".


Art.
68 (Transitional provisions)

Those who at the time of entry into force of this Act are to
license holders concerning the activities referred to in Articles 36, 42 and 47 for more than 10 years are exempt from making
during gunsmith.


23

They can do business brokerage in the weapons industry, ammunition, explosives and gunpowder
articles exclusively economic operators in their own licensed
and / or objects to have explained this sector .
The issue of licenses in the field covered by this law, 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
have until December 31, 2012 to denounce the possession of the same
in order to regularize their detention , without the penalties for those who hold no weapons
security clearance or Porto d'Armi.
With delegated decree will set up the passport to sports weapons and / or hunting,
that will be issued to the Arms of Porto holders or interested in using outside
territory weapons.

Art.
69 (repealed Regulations)

Are repealed:
a) Law 40 of March 13, 1991, as amended;
B) Decree-Law 180 of 16 November 2011;
C) the Chief Executive Decree 98 of September 20, 2006;
D) the law 29 April 1997 n.45;
E) Decree 71 of September 14, 1992.

Art.
70 (Entry into force)

This Law shall enter into force on the hundred and twentieth day following that of its legal publication
.


Our Residence, this day of 10 August 2012/1711 dFR



THE CAPTAINS REGENT
Maurizio Rattini - Italo Righi



THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta


ANNEX A


Art. 1

The psychophysical minimum requirements for the issue and renewal of the Port d'Armi
for sports use or hunting use are the following:
1) visual requirements: visual acuity not less than 8 / 10 for the eye that sees better, reach
with spherical lenses or cylindrical positive or negative of any diopter value; visual acuity
can also be reached with the adoption of contact lenses, also attached to eyeglasses. For monoculars
(organic and functional) visual acuity must be at least 8/10, also reachable
with correction of normal or corneal lenses, or with the use of both. chromatic sense enough
with the perception of the fundamental colors, verifiable with skeins of colored
tests;
2) auditory requirements: hearing threshold no greater than 30 dB in the better ear (as
threshold is defined as the average of the hearing thresholds in dB HL by air at frequencies of 500
, 1000, 2000 Hz) or, alternatively, the perception of voice conversation with phonemes
combined to not less than six meters of total distance. This requirement may be
also achieved with the use of adequate acoustic prostheses. In the case of threshold values ​​above
than the above, the fitness is limited to the exercise of stalking;

3) adequate functional capacity of the upper limbs and spine, reached in
case of impairments, even with the adoption of suitable prosthetic or orthotic systems that permit the safe handling potentially
weapon;
4) absence of neurological disorders that may interfere with alertness or
have crippling effects of motor character, static and / or dynamic;
5) the absence of mental disorders, personality or behavioral documented. In particular, there must be formed
addiction to narcotics, psychotropic and alcohol. Is also
disqualifying taking it even occasional drug and alcohol abuse
and / or drugs.

Art. 2

The assessment of psychological and physical capabilities is carried dall'UOC Primary Care and Health Territorial
according to reports emerging from 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 not compatible with the maintenance
suitability to the Port of Weapons , shall promptly report to the Directorate
UOC Primary care and Territorial Health that will provide immediate verification
summoning the person to visit, review of previously issued suitability.
ANNEX B


The EU relevant legislation concerning the classification of
pyrotechnics is Article 3 of Directive 2007/23 / EC of the European Parliament and of the Council
of 23 May 2007 concerning the placing the market of pyrotechnic articles, which reads:

"Article 3
(Classification)

1. Pyrotechnic articles shall be categorized by the manufacturer according to their
type of use, or their purpose and level of hazard, including the level of their
noise. The notified bodies referred to in Article 10 shall confirm the classification
categories according to the conformity assessment procedures referred to in Article 9.
The classification into categories is as follows:

A) Fireworks:
Category 1: fireworks which present a very low hazard and a
noise level negligible and which are intended for use in confined spaces
, including fireworks which are intended for use inside domestic buildings
;
Category 2: fireworks which present a low hazard and low noise level of
, which are intended to be used outside of buildings in confined spaces
;
Category 3: fireworks which present a medium hazard and which are intended to be used
outside in large open areas and whose noise level
is not harmful to health human;
Category 4: fireworks which present a high hazard, which are
intended for use only by persons with specialist knowledge
, commonly known as "fireworks for professional use", and whose
noise level is not harmful to human health;
B) Theatrical pyrotechnic articles:
Category T1: pyrotechnic articles for stage use which present a low hazard;
Category T2: pyrotechnic articles for stage use which are intended for use by
by persons with specialist knowledge;
C) Other pyrotechnic articles:
Category P1: pyrotechnic articles other than fireworks and theatrical pyrotechnic articles
which present a low hazard;
Category P2: pyrotechnic articles other than fireworks and theatrical pyrotechnic articles
which are intended for handling or use only by persons with specialist knowledge
. ".