                     ARMS  [ CAP. 66.   1
CHAPTER 66 
ARMS ORDINANCE
To repeal and re-enact with amendments the law relating to arms. 
29th June, 1931
ORDINANCE XVII of 1931, as amended by Act VIII of 1932; Ordinance
XXII of 1940; Acts: LVII of 1948, XXXVI of 1955, IV of 1962; Legal
Notices: 4 of 1963, 46 of 1965; Acts: LVIII of 1974, XXXVIII of 1977, XIII
of 1983, XXXV of 1986, VIII of 1990 and XIII of 2002.
Short title.
Interpretation. 
Amended by: 
XXXVI. 1955.2.
2. In this Ordinance - 
"ammunition" means ammunition for any firearm other than an
air-gun, air-rifle or air-pistol;
Cap.9.
"arms proper" has the same meaning as is attributed thereto in
the Criminal Code;
"firearms" includes a firearm of every description and an air-gun,
air-rifle, air-pistol or any other kind of gun from which any shot,
bullet or other missile can be discharged, every component part
thereof and any accessory thereto designed or adapted to diminish
the noise or flash caused by the firing, but does not include any toy
gun or toy pistol designed for the discharge of non-metallic
missiles by force of a spring alone.
Licence to keep or 
carry firearms and 
ammunition. 
Amended by: 
XXXV. 1986.2;
XIII, 2002.11.
3. (1) Whosoever shall, without a licence from the
Commissioner of Police, keep in any premises any firearm or
ammunition shall, on conviction, be liable to imprisonment for a
term from three months to three years:
Provided that where, having regard to the quantity or
quality of those firearms or that ammunition, the court is satisfied
that they were not so kept for the purpose of sale or other dealing in
the said firearms or ammunition contrary to law, the offender shall
be liable to a fine ( multa ) of not less than thirty liri or to
imprisonment for a term not exceeding three months or to both such
fine and imprisonment.
(1A)  Whosoever shall, without a licence from the Commissioner
of Police, have in his possession or under his control, or carry, any
firearm or ammunition outside any premises or appurtenances
thereof shall, on conviction, be liable to imprisonment for a term
from two months to two years:
Provided that where a person contravenes the provisions of
this sub-article because of the actual necessity of lawful self-
defence or of the lawful defence of another person, he shall not be
liable to punishment.
(2) Any such licence shall indicate the conditions under which
it shall be lawful for the licensee to keep or carry any firearm or
ammunition, and shall specify the description of the firearm and the
quantity of ammunition for which the licence is issued.
  2      CAP. 66. ]              ARMS
(3) It shall be lawful for the Commissioner of Police to
authorise the transfer or entry of firearms and ammunition to and
from Malta by a foreigner who is in possession of a licence for such
firearms and ammunition validly issued by another country for such
purpose and under such terms and conditions as may be prescribed.
Licence to deal in 
arms proper. 
Amended by: 
XXXVI.1955.3. 
Substituted by: 
XXXV.1986.3. 
Cap. 37.
4. (1) Without prejudice to the provisions of the Customs
Ordinance or of any other law, whosoever shall, without a licence
from the Commissioner of Police, import or bring into, or export
from Malta any firearm or ammunition, and whosoever shall cause
to be imported, brought into, or exported from Malta, or shall
knowingly aid or assist in any manner whatsoever in the
importation or entry into, or exportation from Malta of any such
firearm or ammunition, shall, on conviction, be liable to
imprisonment for a term from three months to five years.
(2) Whosoever shall sell or otherwise deal in any firearm or
ammunition or keep or expose for sale or other dealing in any such
firearm or ammunition without a licence, or prior authorisation in
writing, from the Commissioner of Police, shall, on conviction, be
liable to imprisonment for a term from three months to five years.
(3) Whosoever shall deal in arms proper, other than firearms,
or shall keep or expose for sale any such arms proper without a
licence from the Commissioner of Police, shall, on conviction, be
liable to a fine ( multa ) of not less than twenty liri or to
imprisonment for a term not exceeding six months or to both such
fine and imprisonment.
Sale of firearms to 
unauthorized 
persons.
Amended by: 
XXXV. 1986.4.
5. Any dealer in arms proper or any other person, who shall
sell, transfer or deliver any firearm or ammunition except to a
person holding a licence from the Commissioner of Police to
purchase or receive such firearm or ammunition, shall, on
conviction, be liable to a fine ( multa ) of not less than one hundred
liri or to imprisonment for a term not exceeding three months.
Licence to 
purchase to be 
returned by dealer 
to Police.  Amended 
by: 
XIII. 1983.5.
6. (1) Any dealer or other person shall, on delivering, by sale
or otherwise, any firearm or ammunition to a person in possession
of the said licence, retain such licence and transmit the same to the
Commissioner of Police not later than the day next following the
day of delivery.
(2) The dealer or other person shall, before transmitting the
licence to the Commissioner of Police, endorse thereon a
declaration signed by him that the firearm or ammunition
mentioned therein has been delivered to the person to whom such
licence was issued.
(3) Whosoever contravenes the provisions of this article shall,
on conviction, be liable to a fine ( ammenda ) of not less than two
liri or to detention.
Account of stock 
of arms, etc. 
Amended by: 
XXXVI.1955.4; 
XIII. 1983.5.
7. (1) Every dealer in firearms or arms proper shall keep a
proper account of his stock of such arms and shall, before
delivering any such arms, by sale or otherwise, to any person, make
or cause to be made an entry in a book to be kept for the purpose,
specifying the name, surname, father’s name, occupation and place
                     ARMS  [ CAP. 66.   3
of residence of the person to whom the arms are to be delivered, the
description of the arms, their number or quantity and the date of the
sale or disposition.
(2) Every such book shall be numbered on each page and shall
be countersigned on the first and last page by the Commissioner of
Police, who shall also certify on the book the number of pages
which it contains.
(3) Any Police officer may at all reasonable times demand
inspection of the books referred to in this article, inspect any
dealer’s shops and stores, check the entries above-mentioned and
take account of the stock in hand.
(4) Whosoever contravenes the provisions of sub-articles (1)
and (2), or on taking delivery of any firearms or arms proper,
makes any false statement with regard to any of the particulars
mentioned in sub-article (1), shall, on conviction, be liable to a fine
( ammenda ) of not less than two liri or to detention.
Custody of 
firearms.
8. (1) Any person licensed to keep or carry any firearms or
ammunition, shall keep the same in his custody in such a way that
they shall not fall into the hands of other persons.
(2) Whosoever contravenes the provisions of this article, shall,
on conviction, be liable to a fine ( multa ).
Duty of person 
coming into 
possession of 
firearms.
Amended by: XXII. 
1940.2; XXXV. 
1986.5.
9. (1) Any person coming into possession of any firearm or
ammunition otherwise than in virtue of a licence, shall give
immediate notice to the Commissioner of Police, who shall direct
whether such firearm or ammunition shall be kept in the custody of
the Police or of the person giving the notice.
(2) It shall be lawful for any Police officer not below the rank
of sub-inspector to require any person who is known to have come
into possession of any firearm or ammunition otherwise than in
virtue of a licence under this Ordinance, to produce to him such
firearm or ammunition.
(3) Whosoever contravenes the provisions of this article shall,
on conviction, be liable to a fine ( multa ) of not less than thirty liri
or to imprisonment for a term not exceeding three months.
Prohibition on 
persons convicted 
of certain offences. 
Amended by: 
XXXVI. 1955.5: 
L.N. 4 of 1963.
10. (1) Except by special authority of the Minister responsible
for the Police, the licences referred to in articles 3 and 4 shall not
be granted to any person who, within the five years immediately
preceding the date of the application therefor, has been convicted
of causing bodily harm with a firearm, an arm proper or other
instrument or of taking up any firearm, arm proper or other
instrument against other persons, or of theft, or of an offence
against the laws relating to the suppression of the white slave
traffic, or of gambling or of leading an idle and vagrant life.
(2) A licence under articles 3 and 4 may be refused to any
person for reasons of public or individual safety, and shall in no
case be granted to any person who is under the age of eighteen
years.
  4      CAP. 66. ]              ARMS
Licence to cease to 
be in force on 
conviction of 
licensee, etc. 
Amended by: 
L.N. 4 of 1963.
11. A licence shall cease to be in force on conviction of the
holder thereof for any of the offences specified in article 10(1), or
in any case in which the Commissioner of Police, for reasons of
public or individual safety, to be specifically recorded and duly
reported by him to the Minister responsible for the Police, shall
direct such licence to be cancelled or suspended.
Licence not 
required by certain 
persons. 
Amended by: 
XXXV. 1986.6.
12. (1) Persons in the Armed Forces of Malta or in the Malta
Police Force shall not require a licence to be in possession of or to
carry any arm or other instrument in accordance with the
regulations or custom of such service or in the performance of their
duty.
(2) Persons holding a licence to keep firearms or ammunition,
shall not require a licence to carry such firearms or ammunition for
sporting purposes, when they are provided with a sporting licence.
Carrying of knives. 
Amended by: 
XXXVIII.1977.2; 
XIII. 1983.5
13. (1) Whosoever shall carry a knife of any description with
a pointed blade or any pointed instrument without a licence from
the Commissioner of Police, shall, on conviction, be liable to a fine
( multa ) not exceeding fifty liri or to imprisonment for a term not
exceeding three months.
(2) Such licence shall specify the description of the knife or
instrument for which the licence is issued.
(3) The provisions of articles 10 and 11 shall apply in the case
of licences under this article.
Prohibition to sell 
knives to minors, 
etc. 
Amended by: 
XXXVIII.1977.3; 
XIII.1983.5.
14. (1) No dealer in arms proper or other person shall sell or
deliver any knife with a pointed blade or other cutting or pointed
instrument, to any person who is under the age of eighteen years or
who is reputed to be of unsound mind or a habitual drunkard or of
bad conduct.
(2) Whosoever contravenes the provisions of this article shall,
on conviction, be liable to a fine ( multa ) not exceeding one hundred
liri or to imprisonment for a term not exceeding three months.
Carrying of 
penknives or 
knives used in the 
exercise of a trade.
15. The provisions of article 13 shall not apply -
( a ) to any penknife not provided with any other blade than
that of a penknife, and which may reasonably be
supposed to be carried for the purpose of making
thereof the use for which a penknife is intended;
( b ) to any knife used by any person in the exercise of his
trade, if, having regard to the time, place, and other
circumstances, the court is satisfied that such knife
was actually carried for the purpose of such trade.
Carrying of arms 
of a different kind 
from that specified 
in licence.
16. If any person holding a licence under article 3 fails to
comply with the terms of the licence or is in possession of or
carries any firearm or ammunition not specified in such licence, or
holding a licence under article 13, carries any knife or instrument
of a different kind from that specified in such licence, he shall
likewise be guilty of an offence against the provisions of those
articles.
                     ARMS  [ CAP. 66.   5
Power of President 
of Malta to cancel 
licences.
Amended by: 
L.N. 46 of 1965; 
LVIII. 1974.68. 
17. Where abnormal conditions affecting public safety arise in
any part of Malta, it shall be lawful for the President of Malta, by
Proclamation, to cancel all or any of the licences issued under the
provisions of this Ordinance.
Prohibition to 
make use of 
licences belonging 
to others, etc. 
Amended by: XXII. 
1940.2; XXXVIII. 
1977.4; XXXV. 
1986.7.
18. Whosoever shall make use of any licence issued or
authorisation in writing given to any other person under the
provisions of this Ordinance, or of any licence which has ceased to
be in force or which has been cancelled or suspended under the
provisions of article 11, 13 or 17, shall, on conviction, be liable to
imprisonment for a term not exceeding six months.
Forfeiture of arms. 
Amended by: 
XXXVI. 1955.6; 
XXXVIII. 1977.5; 
XXXV. 1986.8. 
19. The forfeiture of any firearm, ammunition, arm proper or
knuckle duster kept or carried in contravention of the provisions of
this Ordinance shall be a consequence of the punishment for such
contravention.
Power of Police to 
seize arms. 
Amended by: 
XXXVI.1955.7: 
XXXV. 1986.9.
20. (1) It shall be lawful for any Police officer to seize any
firearm, ammunition or arm proper which, according to the
provisions of this Ordinance, cannot be kept or carried without a
licence, when such arm or ammunition is found in the possession of
a person not holding such licence.
(2) It shall be lawful for any Police officer to search any person
reasonably suspected to be carrying about his person, in any street
or other place accessible to the public, any firearm, ammunition or
arm proper without a licence.
Production of 
licence. 
Amended by: 
XXXVI.1955.8; 
XXXVIII. 1977.6; 
XIII.1983.5; 
XXXV. 1986.10.
21. Any person licensed to keep or carry any firearm,
ammunition or arm proper shall, when required to do so by the
Police, produce his licence, and, in default he shall, on conviction,
be liable to a fine ( multa ) of not less than five liri.
Arms kept by 
reason of their 
artistic value, etc. 
Amended by: 
XXXV. 1986.11.
22. The provisions of this Ordinance shall not apply to such
arms as are kept by reason of their artistic value, or of their rarity
or antiquity:
Provided that where such arms consist of firearms in
working condition, any person coming into possession thereof
shall, within three months, register the said firearms with the
Commissioner of Police, in default whereof such person shall, on
conviction, be liable to a fine ( multa ).
Toys in the shape 
of arms.  
Added by: 
XXXV. 1986.12.
22A. (1) No person shall sell or offer for sale, toys in the shape
of firearms, arms proper, ammunition or knuckle dusters.
(2) Whoever shall contravene the provisions of sub-article (1),
shall on conviction be liable to a fine ( multa ) of not less than ten
liri and not more than two hundred liri.
(3) The provisions of articles 27 and 30 shall not apply in
relation to offences under this article.
Punishment in case 
of second or 
subsequent 
conviction under 
this Ordinance, etc.
23. The alternative punishments provided for offences against
this Ordinance, shall be applied cumulatively in the case of a
second or subsequent conviction under the provisions of this
Ordinance or in the case of offenders previously convicted of any
  6      CAP. 66. ]              ARMS
of the offences specified in article 10(1).
Issue and duration 
of licences. 
Amended by: 
VIII.1932.1; 
LVIII.1948.2.
24. Every licence under this Ordinance shall be issued by the
Commissioner of Police and shall be valid for a term not exceeding
twelve months to be reckoned from the first day of January of the
year in which it is issued.
Penalties for 
offences in 
connection with 
dangerous 
weapons. 
Added by: 
IV.1962.2. 
Amended by: 
XXXVIII.1977.7; 
XIII.1983.5.
25. (1) Notwithstanding any provisions of this Ordinance, any
person who manufactures, sells or hires or offers for sale or hire, or
lends or gives to any other person or keeps or carries - 
( a ) any knife which has a blade which opens automatically
by hand pressure applied to a button, spring or other
device in or attached to the handle of the knife,
sometimes known as a "flick knife" or "flick gun"; or
( b ) any knife which has a blade which is released from the
handle or sheath thereof by the force of gravity or the
application of centrifugal force and which, when
released, is locked in place by means of a button,
spring, lever or other device, sometimes known as a
"gravity knife"; or
( c ) any knuckle duster,
shall be guilty of an offence and shall, on conviction, be liable in
the case of a first offence to a fine ( multa ) of not less than fifty liri
but not exceeding two hundred liri or to imprisonment for a term of
not less than three months but not exceeding six months, or to both
such fine and imprisonment, and in the case of a second or
subsequent offence to a fine ( multa ) of not less than two hundred
liri but not exceeding five hundred liri or to imprisonment for a
term of not less than six months but not exceeding twelve months,
or to both such fine and imprisonment.
(2) The importation of any such knife or knuckle duster as is
described in the foregoing sub-article is hereby prohibited.
Possession of 
firearms, etc. 
Added by: 
XXXVIII.1977.8 . 
Cap. 9.
26. Saving any other provision of the Criminal Code
applicable to the use of firearms, any person who - 
( a ) at the time of his committing a crime against the safety
of the Government or against the person (other than
involuntary homicide or involuntary bodily harm) or
the crime of theft or of injury to property (other than
involuntary injury to property); or
( b ) at the time of being arrested for the commission of any
crime,
has on his person any firearm, arm proper, imitation firearm or
imitation arm proper shall be guilty of an offence and shall be
liable, on conviction, to imprisonment for a term not exceeding two
years, unless he proves that he was then carrying such firearm or
arm proper for a lawful purpose.
                     ARMS  [ CAP. 66.   7
Non-applicability 
of Probation Act, 
and of article 21 of 
the Criminal Code. 
Added by: 
XXXVIII.1977.8. 
Substituted by: 
XXXV.1986.14. 
Cap.446. 
Cap. 9.
27. The provisions of the Probation Act and of article 21 of the
Criminal Code shall not be applicable for any offence against any
of the provisions of this Ordinance.
Offences 
cognizable by 
Court of 
Magistrates as 
court of criminal 
judicature. 
Added by: 
XXXV. 1986.15. 
Amended by: 
VIII.1990.3.  
Cap. 9.
28. Notwithstanding the provisions of article 370 of the
Criminal Code, the Court of Magistrates shall be competent to try
all offences against this Ordinance.
Proceedings for 
offences. 
Added by: 
XXXV.1986.15. 
Amended by: 
VIII.1990.3. 
Cap. 9.
29. Subject to the provisions of article 28, proceedings against
any person for any offence against any of the provisions of this
Ordinance shall be taken before the Court of Magistrates as a court
of criminal judicature in accordance with the provisions of the
Criminal Code:
Provided that notwithstanding the provisions of article
376(1) (b)  of the Criminal Code, the court shall, at the request of the
prosecution or of the accused, take down the evidence given by the
witnesses in the manner provided for either in article 391 of the
said Code or in any law for the time being in force.
Right of appeal. 
Added by: 
XXXV. 1986.15. 
Amended by: 
VIII. 1990.3.
Cap. 9.
30. Notwithstanding the provisions of the Criminal Code, the
Attorney General shall always have a right of appeal to the Court of
Criminal Appeal from any judgment given by the Court of
Magistrates in respect of proceedings arising out of the provisions
of this Ordinance.
Rules and 
regulations.
Added by:
XIII. 2002.11.
31. The Minister may make rules or regulations to give effect
to the provisions of this Ordinance, and without prejudice to the
generality of the foregoing may, by such rules or regulations, in
particular, do any of the following:
(i) prescribe licence conditions;
(ii) prescribe the application forms for the
application, grant, renewal or variation of a
licence under this Ordinance;
(iii) prescribe anything that may be prescribed under
this Ordinance.
