Law on weapons in Italy.

The Italian legislation on weapons is the legal discipline on weapons in force in the Italian Republic.

According to articles 585 and 704 of the Italian Penal Code, firearms and all others whose natural destination is the offense to the person, as well as bombs, any machine or casing containing explosive materials and asphyxiating or blinding gases are understood.

Italian law distinguishes between one’s own weapon and improper weapon,regulating its use; although for the latter the port is generally prohibited.

Then there are some types of compressed air weapons, which do not require weapons, depending on the joules of power they can generate.

Pursuant to d.lgs. 26 October 2010, n. 204, firearm magazines are no longer subject to a reporting obligation like the firearm, and after the abolition of the national catalogue of common firearms with effect from 1 January 2012, newly produced or imported weapons may be produced and imported without prior cataloguing and will no longer have to bear any catalogue number, and it no longer constitutes a distinctive sign whose lack makes the weapon clandestine.

The weapons admitted to the market are those that comply with certain parameters at the National Test Bench for small arms and commercial ammunition”.

According to the National Test Bench For Firearms are classified fall into four macro-categories:

• Category A – Prohibited firearms
• Category B – Firearms subject to authorisation
• Category C – Firearms subject to declaration
• Category D – Other firearms

The National Test Bench deals with the classification of common firearms and the verification of conformity of air or compressed gas weapons of modest offensive capacity, the verification of demilitarized weapons and for scenic use, airsoft and paintball instruments, the certification of deactivated weapons and many other activities.

The main rules on weapons are:

• Royal Decree 18 June 1931 n. 773 (Consolidated law on public security laws)
• Law no. 2 October 1967 895 “Provisions for arms control”;
• Law no. 18 April 1975 110 Supplementary rules of the current regulations for the control of weapons, ammunition and explosives;
• Law no. 25 March 1986 85 Rules on weapons for sporting use;
• Law no. 9 July 1990 185 New rules on the control of exports, imports and transit of armaments.
• Legislative Decree 30 December 1992, n. 527 implementing the European Union Directive 91/477 on the purchase and possession of weapons;
• Legislative Decree 26 October 2010, n. 204 implementing the European Union Directive 2008/51 on the purchase and possession of weapons;
• Legislative Decree 10 August 2018, n. 104 implementing the European Union Directive 2017/853, relating to the control of the acquisition and possession of weapons.
• The circulars of the Ministry of the Interior.

General discipline

Import and export

Consolidated text of the laws of public security and Law 9 July 1990, n. 185.

With regard to the regulation on imports and exports of weapons of war, it was in principle regulated by art. 28 of the TULPS and articles 41-58 of the relative implementing regulation (R.D. 6 May 1940, n. 635); a new discipline was then established with the approval of the law 9 July 1990, n. 185.

According to the 1990 standard, a license is required for each shipment of weapons (in transit, import or export), indicating the quantity and species of each material transported (and the logistical methods of transport: weight and size of each case or platform, with its contents).

The material can be subjected to controls at customs, or at the places of delivery indicated in the documentation (opening of packaging, inventory control of the quantities of each detail, compliance with any attached technical drawings).

In the documentation it is not mandatory to attach the technical drawings of the weapon parts, which are “more speaking” than a coding of the proprietary part numbers of the manufacturing companies and a free textual description, and which are one of the first criteria for establishing the nature of an artifact, and if law 185 is to be applied.

Equipment intended for military use other than the constraints of the law, may be handled under the “Convention relating to the Contract for the International Carriage of Goods by Road”, which does not require any type of license or special customs control.

With the practice of triangulation, manufacturers sometimes circumvent the ban on dealing with countries at war, regimes that violate human rights or are enemies of NATO.

The export license and payments are required to a country that as an intermediary provides for a second sale to the desired destination.

Authorizations for port and detention

See also: License to have weapons in Italy and License to carry weapons in Italy.

A valid license to carry weapons is a valid title for the purchase of any type of weapon and ammunition (without prejudice to the limits established by law in relation to the quantities that can be held), as well as necessary for the carrying of the type of weapons referred to in the license and the transport of any other type of weapon allowed.

Enabling title to the mere purchase, for the purposes of home detention for housing defense or for collecting purposes, is the authorization to purchase weapons and ammunition.

It authorises, implicitly, the one-off transport of purchased items to the place of detention.

The acquired weapon must then be reported to the PS authority of the place of residence within 72 hours of the transaction.

Limitations on firearm ammunition

The circular of the Ministry of the Interior n. 559/C.11764.10171 of 17 June 1992 states that the:

• armor-piercing projectiles,
• tracer projectiles and
• explosive ones

while the use of hollow-tipped projectiles is prohibited only for self-defense but not for recreational activities or hunting.

Compressed air weapons

According to Italian law, compressed air weapons are of free sale to persons of legal age, as established by law 21 December 1999, n.526, and the complaint is not required, but only if the power is less than 7.5 joules and can only be single shot or semi-automatic fire.

Weapons capable of firing bursts are prohibited.

Their use and transport is governed by D.M. 9 August 2001, n.362.

Weapons of this type that instead are capable of developing a kinetic energy at the sprint equal to or greater than 7.5 joules (about 0.76 kilogrammeters) are considered by Italian law as common guns and therefore their purchase requires a license to possess weapons and the subsequent complaint of possession.

Report of purchase and possession of a weapon

The purchase, possession of weapons and / or ammunition (personal or by inheritance), and any changes of residence must be reported, within 72 hours, to the Police Headquarters or to the Commissariat of the area, or at the Carabinieri Station competent for the territory, if there is no State Police garrison in the Municipality.

The complaint form is also available at the Offices.

It is possible to hold up to a maximum of 3 common firearms, 12 sporting weapons and an unlimited number of hunting rifles.

Weapons possessed may not be taken out of the place of possession unless authorization has been requested and obtained.

To have the possibility of holding a greater number of weapons, you need the collection license, which is issued by the Quaestor.

This qualification allows you to hold an unlimited number of weapons of which, however, it will not be possible to simultaneously hold the ammunition or more than one specimen for each model of weapon.

Ammunition

The reporting of ammunition is always mandatory:

• for pistol or revolver cartridges, the holding of which may not in any case exceed 200 pieces;
• for ammunition for shotguns having a loading other than pellets but for cartridges loaded with pellets the complaint is not mandatory up to a maximum of 1000 pieces.

The obligation to report is triggered when their number exceeds 1000 with a maximum detention limit set at 1500 pieces.

Transfer of arms between private individuals

A private individual may transfer arms to another private individual only if the latter is in possession of a valid firearms license or authorization to purchase.

In such a case, a written declaration must be drawn up jointly.

The transferor must report within 72 hours the sale or assignment attaching the aforementioned declaration and a photocopy of the police title that legitimizes the recipient.

Authorization to purchase weapons and ammunition (referred to in Article 35 T.U.L.P.S.)

In order to buy guns and ammunition and transport them to the home where you want to keep them, it is necessary to obtain the authorization of the Quaestor in advance.

In the same way, someone who inherits a weapon must ask for such authorization.

Holders of a pistol port and rifle port do not require clearance.

The application form, also available at the Carabinieri Stations, the Police Headquarters, the Commissariats of Public Security, can be delivered in the following ways:

• directly by hand: the office issues a regular receipt;
• by registered mail with acknowledgment of receipt;
• electronically, in a manner that ensures delivery (certified mail).

The request must be attached:

• the certification proving the psycho-physical suitability, issued by the A.S.L. of residence or by the medico-legal offices and by the military health facilities and the State Police, which is issued upon presentation of the anamnestic certification of the family doctor;
• the documentation or self-certification relating to the service provided in the Armed Forces or in the Police Forces or the certificate of suitability for the handling of weapons issued by a National Shooting Section (this documentation must not have been obtained for more than 10 years);
• a substitute declaration in which the person concerned certifies:
  − not to be in the obstructive conditions provided for by law;
  − the personal details of cohabiting persons;
  − that he has not been recognized as a “conscientious objector” within the meaning of Law No. 230 of 8 July 1998, or to have submitted an application for revocation of the status of objector to the National Office for Civil Service (Organ of the Presidency of the Council of Ministers), pursuant to Law No. 130 of 2 August 2007;
• In place of substitute declarations, documentation issued by the competent bodies may be submitted.
• two stamps (one to be applied on the application, the other on the measure) in the amount of € 16.00. (Verify the exact amount in relation to possible variations with the update of the tables annexed to the D.P.R. 26 October 1972, n. 642).

The medical certification must be resubmitted every 5 years (rule introduced by Legislative Decree 104/2018).

License to carry a weapon for self-defense (referred to in Art.42 T.U.L.P.S.)

To obtain the carrying of a weapon for self-defense it is necessary to be of age and have a valid and motivated reason that justifies the need to go armed.

The authorization, issued by the Prefect, allows the carrying of the weapon outside your home and is valid for one year.

The application form, addressed to the Prefect of the province of residence, also available at the Carabinieri Stations, the Police Headquarters, the Commissariats of Public Security, can be delivered to the aforementioned offices in different ways:

• directly by hand: the office issues a regular receipt;
• by registered mail with acknowledgment of receipt;
• electronically, in a manner that ensures delivery (certified mail).

Release

The request must be attached:

• certification proving the psycho-physical suitability, issued by the A.S.L. of residence or by the medico-legal offices and by the military health facilities and the State Police, as required by art. 3, paragraph 1, D.M. Sanità 28 April 199;
• substitutive declaration of certification pursuant to art. 46 of Presidential Decree no. 445 of 28 December 2000 and ss.mm.ii., concerning the achievement of the technical capacity provided for in art. 8, paragraph 4, of Law no. 110 of 18 April 1975;
• certificate of payment of government and/or printed concession fees:
  − receipt of payment of the tax of government concessions of Euro 115.00. Persons who can avail themselves of the exemption are excluded from payment (D.M.24.03.1994, n. 371);
  − the receipt of payment of Euro 1.27 for the cost of the booklet valid for 5 years, to be paid for the first issue and at the five-year deadline, requesting the details of the current account of the corresponding Provincial Treasury of the State from the competent Territorial Office (the cost of the booklet is Euro 1.14 for the G.P.G. and Euro 1.50 for the bilingual version);
• two recent passport-size photos, with the head uncovered on a light background (for renewal, they must be re-presented only when the booklet expires);
• two stamps (one to be applied on the application, the other on the measure) in the amount of € 16.00. The latter may be subject to change with the updating of the tables annexed to the D.P.R. 26 October 1972, n. 642;
• documentation proving the need to go armed.
• a substitute declaration in which the person concerned certifies:
  − not to be in the obstructive conditions provided for by law;
  − the personal details of cohabiting persons;
  − that he has not been recognized as a “conscientious objector” within the meaning of Law No. 230 of 8 July 1998, or to have submitted an application for revocation of the status of objector to the National Office for Civil Service (Organ of the Presidency of the Council of Ministers), pursuant to Law No. 130 of 2 August 2007.

Renewal

For the annual renewal (in the 5 years of validity of the booklet), the same procedure must be followed as for the 1st issue, with the only difference that it is no longer necessary to prove the possession of the suitability for handling weapons and to submit the declaration of not having been recognized as a “conscientious objector”.

The application for renewal must be submitted before the expiry of the licence.

On the occasion of the annual renewal that coincides with the expiry of the booklet, the two passport photos and the receipt of the payment for the payment of the booklet must also be attached.

Lcenzaof carrying a rifle for hunting use

It is a license that authorizes the port of rifle for hunting use during the opening periods of the hunting season.

Release

The request form, also available at the Carabinieri Stations, the Police Headquarters, the Commissariats of Public Security, can be delivered in the following ways:

• directly by hand, the office issues a regular receipt;
• by registered mail with acknowledgment of receipt;
• electronically, in a manner that ensures delivery (certified mail).

The request must be attached:

• certification proving the psycho-physical suitability, issued by the A.S.L. of residence or by the medico-legal offices and by the military health facilities and the State Police, as required by art. 3, paragraph 1, D.M. Sanità 28 April 1998;
• substitutive declaration of certification pursuant to art. 46 of Presidential Decree no. 445 of 28 December 2000 and ss.mm.ii., concerning the achievement of the technical capacity provided for in art. 8, paragraph 4, of Law no. 110 of 18 April 1975 (not in case of renewal);
• substitutive declaration of certification pursuant to art. 46 of Presidential Decree no. 445 of 28 December 2000 and ss.mm.ii., concerning the achievement of the hunting qualification, pursuant to art. 22 of Law no. 157 of 11 February 1992;
• certificate of payment of the concession fees and / or printed: government concession fee of Euro 168.00 plus an additional Euro 5.16 (as required by Article 24 of Law No. 157 of February 11, 1992), regional concession fee, set every year by the individual regions, cost of the booklet, Euro 1.27 for the cost of the booklet valid for 6 years, to be paid for the first issue and then at the end of the six years, requesting the Office where you intend to forward the request (Carabinieri-Police) the details of the current account of the corresponding Provincial Treasury of the State (the cost of the booklet is Euro 1.50 for the bilingual version);
• two recent passport-size photos, with the head uncovered on a light background (for renewal, they must be re-presented only when the booklet expires);
• two stamps (one to be applied on the application, the other on the measure) in the amount of € 16.00. The latter may be subject to change with the updating of the tables annexed to the D.P.R. 26 October 1972, n. 642.
• a substitute declaration in which the person concerned certifies:
  − not to be in the obstructive conditions provided for by law;
  − the personal details of cohabiting persons;
  − that he has not been recognized as a “conscientious objector” within the meaning of Law No. 230 of 8 July 1998, or to have submitted an application for revocation of the status of objector to the National Office for Civil Service (Organ of the Presidency of the Council of Ministers), pursuant to Law No. 130 of 2 August 2007.

Renewal

The license is renewed at the end of the 6th year.

During the validity period it is automatically renewed with the annual payment of the government concession fee.

For the application for renewal, which must be submitted before the expiry of the licence, the same documentation must be produced as for the issue, with the exception of the certification certifying the authorization to carry out the hunting activity, the certification relating to the suitability for the handling of weapons and the declaration that he has not been recognized as a “conscientious objector”, or the request for revocation of the status of objector, transmitted to the National Office for Civil Service.

Issue of rifle license for the exercise of shooting – Law 18.06.1969 nr.323

It is a license that allows you to practice shooting and target shooting. For the latter it is necessary to register with a Shooting Section registered with the Sports Federation affiliated to CONI.

The license to carry a shotgun with a smooth-bore barrel for shooting authorizes the holder to carry only the weapons suitable for the exercise of the specific shooting activity (discharges and not readily available), and is valid for 5 years.

The application form, addressed to the Prefect of the province of residence, also available at the Carabinieri Stations, the Police Headquarters, the Commissariats of Public Security, can be delivered to the aforementioned offices in different ways:

• directly by hand: the office issues a regular receipt;
• by registered mail with acknowledgment of receipt;
• electronically, in a manner that ensures delivery (certified mail).

Release

The request must be attached:

• certification proving the psycho-physical suitability, issued by the A.S.L. of residence or by the medico-legal offices and by the military health facilities and the State Police, as required by art. 3, paragraph 1, D.M. Sanità 28 April 199;
• substitutive declaration of certification pursuant to art. 46 of Presidential Decree no. 445 of 28 December 2000 and ss.mm.ii., concerning the achievement of the technical capacity provided for in art. 8, paragraph 4, of Law no. 110 of 18 April 1975;
• proof of payment of government and/or printed concession fees. The receipt of payment of Euro 1.27 for the cost of the booklet valid for 5 years, to be paid for the first issue and at the five-year deadline, requesting the details of the current account of the corresponding Provincial Treasury of the State from the competent Territorial Office (the cost of the booklet is Euro 1.50 for the bilingual version);
• two recent passport-size photos, with the head uncovered on a light background (for renewal, they must be re-presented only when the booklet expires);
• two stamps (one to be applied on the application, the other on the measure) in the amount of € 16.00. The latter may be subject to change with the updating of the tables annexed to the D.P.R. 26 October 1972, n. 642;
• a substitute declaration in which the person concerned certifies:
  − not to be in the obstructive conditions provided for by law;
  − the personal details of cohabiting persons;
  − that he has not been recognized as a “conscientious objector” within the meaning of Law No. 230 of 8 July 1998, or to have submitted an application for revocation of the status of objector to the National Office for Civil Service (Organ of the Presidency of the Council of Ministers), pursuant to Law No. 130 of 2 August 2007.

Validity and renewal

The license is valid for 5 years.

Renewal requires the same documents as required for the issue, except for the copy of the military leave or the declaration of suitability for the handling of weapons.

License for weapons collection

1. Common firearms

The license to collect common firearms allows the possession, but not the carrying, of short and long weapons, in greater numbers than normally allowed (3 common firearms and 6 classified sports).

The licence may also be issued for a single common firearm.

2. Ancient, artistic or rare weapons

Ancient weapons are those with a front-loading and those manufactured before 1890.
The collection license allows you to hold ancient, artistic or rare weapons of historical importance in numbers greater than 8.

For weapons in the collection it is not allowed to hold ammunition.

The license is permanent, so it does not have to be renewed every year.

The application form, also available at the Carabinieri Stations, the Police Headquarters or the Commissariats of Public Security, can be delivered in the following ways:

• directly by hand: the office issues a regular receipt;
• by registered mail with acknowledgment of receipt;
• electronically, with methods that ensure delivery (certified mail).

The request must be attached:

• two electronic markings of € 16.00 to be applied on the request and on the license;
• the certification proving the psycho-physical suitability, issued by the A.S.L. of residence or by the medico-legal offices and by the military health facilities and the State Police;
• a substitute declaration in which the person concerned certifies:
  − not to be in the obstructive conditions provided for by law;
  − the personal details of cohabiting persons;
  − that he has not been recognized as a “conscientious objector” within the meaning of Law No. 230 of 8 July 1998, or to have submitted an application for revocation of the status of objector to the National Office for Civil Service (Organ of the Presidency of the Council of Ministers), pursuant to Law No. 130 of 2 August 2007.

Instead of substitute declarations, documentation issued by the competent bodies may be submitted.

The medical certification must be re-presented every 5 years (rule introduced by Legislative Decree 104/2018) with the exception of the collection license for ancient, artistic or rare weapons.

Minors

Children under the age of 18 may not hold weapons or obtain the release of any type of gun license or authorization to use.

At the age of 14 you can start practicing shooting.

Until the age of majority you can use the sports equipment made available by your club; in this case it is necessary to register with the F.I.T.A.V. (Italian Shooting Federation) and the C.A.S. (Sports Training Center).

European Firearms Card

It is an authorization that allows the holder of a firearms license to transfer and carry, within the countries of the European Community, the weapons registered on the card (up to a maximum of 10), both for sporting and hunting purposes, without the need for further authorizations.

Prerequisite is therefore to already be a holder of a license to carry or transport weapons.

Question

The application form, also available at the Carabinieri Stations, the Police Headquarters or the Commissariats of Public Security, can be delivered in the following ways:

• directly by hand: the office issues a regular receipt;
• by registered mail with acknowledgment of receipt;
• electronically, in a manner that ensures delivery (certified mail).

Documents to be submitted:

• two electronic markings of € 16.00 to be applied on the request and on the card;
• the valid substitutive declaration certifying the possession of authorizations such as the port or transport in the Italian territory of common firearms, in addition to the report of detention, or the documentation issued by the competent bodies;
• the identification data of the weapon or weapons, up to a maximum of ten, which are intended to be entered on the card, indicating, for each, type, brand and model, caliber and serial number;
• the receipt of payment of Euro 0.83 for the cost of the card (which is Euro 2.06 for the bilingual version), requesting the details of the current account of the corresponding Provincial Treasury of the State from the competent Territorial Office;
• two recent photos, card size, with open head and half bust.

In case of suspension or revocation of the license to carry a weapon, the card must be returned.

Spray for self-defense

Sprays or in general nebulizers containing capsicum (commonly called chili pepper), after various regulatory interventions, were regulated by the regulation of 12 May 2011, n. 103, which precisely defined the “technical characteristics of self-defense tools that spray a natural active ingredient based on Oleoresin Capsicum and that have no aptitude to offend the person”, as was provided for in Article 3, paragraph 32, of Law no. 94/2009.

The regulation, which entered into force on 9 January 2012, lists the requirements that products must currently meet, in order to be freely sold and brought.

All devices that do not comply with the indications listed in paragraph 1 of the decree, are subject to the legislation on weapons.

Compressed air weapons – Art. 11 L. N. 526/99 and D.M. N. 362/01

According to Italian law, compressed air weapons are of free sale to persons of legal age, as established by Law no. 21 December 1999. 526, and the complaint is not required, but only if the power is less than 7.5 joules and can only be single-shot or with semi-automatic fire.

Weapons capable of firing bursts are prohibited.

Their use and transport is governed by D.M. 9 August 2001, n. 362.

Weapons of this type that instead are capable of developing a kinetic energy at the sprint equal to or greater than 7.5 joules (about 0.76 kilogrammeters) are considered by Italian law as common guns and therefore their purchase requires a license to possess weapons and the subsequent complaint of possession.

The matter is regulated by art. 11 of Law No. 526/1999 and the Implementing Regulation referred to in Decree no. 362 of the Ministry of the Interior.

That legislation provides, among other things, that compressed air weapons with a power of 7,5 Joules or less:

• shall not be assimilated to common firearms;
• they must not shoot in bursts;
• the projectile must not contain other substances
• they can be purchased by adults with a valid identification document;
• they cannot be entrusted to minors;
• possession is not subject to the obligation to report;
• the port is not subject to authorisation;
• they may not be taken out of the dwelling or its belongings without justified reason;
• may not be taken to public meetings;
• unloads and in enclosures must be transported.

Individual parts are not considered parts of common firearms.

Transport of weapons

Transport consists of an operation of transfer from the place of detention to another, in which the weapon is taken into account not for its use, but simply as an inert object of the transport operation itself.

This presupposes that the weapon is not immediately available, but is placed in a container that the agent carries with him and from which it cannot be readily extracted.

The weapon must be carried unloaded.

Only in case of carrying weapons for self-defense can it be transported in a way that makes it “ready for use”.

Conclusions

The bureaucratic management of a weapon in Italy requires a lot of attention because in order to have a gun license it is necessary to be a model citizen.

Compared to what is often heard, the possession of a weapon as well as a responsibility requires behavior in the first level society because a simple complaint can lead to the withdrawal of the firearms and the same.

So usually those who own weapons are very attentive to their behavior in society if they want to continue practicing their sport or owning a weapon at home for their personal safety.

Stay Tuned!

Street Fight Mentality