Citation(s) from the GunPolicy.org literature library

President of the Republic. 2018 ‘Implementation of Directive (EU) 2017/853 of the European Parliament and of the Council of 17 May 2017 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons - Article 3(d).’ Legislative Decree No 104 of 10 August 2018; Art. 3(d). Rome: Italy. 10 August

Relevant contents

Royal Decree 18 June 1931 No. 773

Article 38
Anyone who possesses arms, ammunition or explosive materials of any kind and in any quantity must immediately report them to the local public security office or, if there is none, to the Royal Carabinieri headquarters.
The following are exempt from the obligation to report
a) the armed corps, shooting societies and other authorised institutions, for objects held in places expressly intended for the purpose;
(b) owners of authorised collections of artistic, rare or antique weapons;
c) persons who, by virtue of their permanent status, are entitled to carry arms, but limited to the number and type of arms allowed to them.
The public security authority has the power to carry out, when it deems it necessary, control checks also in the cases contemplated by the previous paragraph, and to prescribe those precautionary measures it deems indispensable for the protection of public order.

Legislative Decree 10 August 2018 No 104

Article 3 Amendments to Royal Decree No. 773 of 18 June 1931.

1. The following amendments shall be made to the Consolidated Text of Public Security Laws approved by Royal Decree No 773 of 18 June 1931:

(d) Article 38 shall be amended as follows:

(1) the first paragraph shall be replaced by the following:

"Whoever possesses weapons, parts thereof, as referred to in Article 1-bis, paragraph 1, letter b), of Legislative Decree No 527 of 30 December 1992, finished ammunition or explosive materials of any kind, must report them within 72 hours of acquiring their material availability, to the local public security office or, if there is no such office, to the local Carabinieri headquarters, or also electronically to the same offices or to the competent police headquarters by transmission to the relevant certified e-mail address. The report shall also be required only for magazines capable of holding more than 10 rounds for long arms and more than 20 rounds for short arms, without prejudice to the provisions of Article 2(2) of Law No 110 of 18 April 1975, as subsequently amended";

(2) the fourth paragraph shall be replaced by the following:

"Whoever possesses common firearms without being in possession of any licence, with the exception of those who are authorised by law to bear arms without a licence and collectors of antique arms, shall be required to submit every five years the medical certificate provided for in Article 35, paragraph 7, in accordance with the modalities regulated by the decree referred to in Article 6, paragraph 2, of Legislative Decree No 204 of 26 October 2010. If the holder is a holder of a firearms licence, the obligation to present the certificate starts from the expiry of the same, if not renewed. If the medical certificate is not submitted, the prefect may prohibit the possession of the reported weapons, pursuant to Article 39;

ID: Q14278

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