Government to consider firearms amnesty

The government is prepared to consider granting a limited amnesty for the registration of unlicenced firearms, Home Affairs Minister Tonio Borg told Parliament yesterday.

The amnesty would be given to mark the passage of the new Arms Bill and its purpose would be to ensure there was better control on this sector, the minister said.

The last amnesty was given 20 years ago, and Dr Borg said he did not agree with the system used at the time, when absolutely no questions were asked. Rather than a general, unlimited, amnesty, the government would consider granting an amnesty for the registration of certain weapons whose possession did not stem from a crime other than the non-declaration for customs.

The amnesty should not be there to benefit those persons who would have committed a crime to acquire a weapon, but for those who would have been granted a permit anyway had they acquired the weapon through the normal channels, he said.

Dr Borg made the announcement at the end of his introduction of the debate on the Arms Bill.

He said the bill would modernise legislation on the licensing and registration of firearms and create a Weapons Board. It was intended to create a balance: being repressive with abusers using weapons that were detrimental to society and more liberal with collectors and sportsmen.

Current legislation, he said, dated back 74 years and reflected the ideas of the time.

He recalled that this bill had been preceded by a White Paper which had proposed various ways how the laws could be improved.

The minister pointed out that while Malta was doing well in sports shooting events, under the current legislation one still had to be at least 18 to practice this discipline at a licensed shooting range. This was now being changed to 16, with other concessions to those over 14.

Firearms were being dividing into three categories - the first were prohibited firearms and ammunition, the second were firearms and ammunition subject to a licence and the third were firearms and other objects subject to a declaration.

The first category was the toughest, and no one could possess weapons falling under this category unless they were old. Weapons under this category included missiles and launchers, automatic firearms, firearms disguised as other objects, ammunition with armour piercing, explosive or incendiary projectiles, ammunition which discharged substances such as teargas, laser sights and silencers.

The current Arms Ordinance, Dr Borg said, exempted all those having an antique weapon from the need for a licence but the ordinance had not defined an old weapon and some court judgments had considered arms which were over 50 years to be old.

Now a line was being drawn so that arms manufactured up to 1945 would be considered old. The date could be brought forward by the minister at a later date.

These weapons could be held by licensed collectors. Licences would be issued on the recommendations of the Weapons Board only if it was proved that the person seeking the licence was truly a collector and had a secure place where to keep the weapons.

All weapons licensed under the current ordinance which would be prohibited under the new law, would remain regulated under the old ordinance.

A licence for prohibited firearms could also be issued by the Police Commissioner in special circumstances.

The second schedule included semi-automatic or repeating short firearms with barrels not less than 9cm, semi-automatic or repeating long firearms with rifled barrels, firearms designed for alarm signalling and air guns.

Dr Borg said the new law would give target shooters greater freedom. Up till now one could only participate in sports shooting at a licensed shooting range using only a certain type of weapon and ammunition.

But the commissioner would now also be able to authorise the use of other weapons at the ranges.

An important amendment, the minister said, was that which would allow those aged over 14 and 16 to use shooting ranges. Currently only those over 18 could use shooting ranges but the bill was now saying that those aged between 16 and 18, could use shotguns, blackpowder and airguns for target shooting in licensed ranges. The legal guardians of these people would have to give their consent and would be civilly and criminally responsible.

Minors aged between 14 and 16 may be granted a licence to participate in sports using airguns, subject to consent by their parents or guardians.

Any shooting practice by a minor would have to be carried out under the direct supervision of a licensed range officer. The commission may issue restrictions on the movement of such firearms to and from a shooting range.

Dr Borg said the bill featured no changes for bird hunters but improved conditions for those involved in clay pigeon shooting in licensed shooting ranges.

The third category grouped antique firearms, deactivated firearms and non-firing imitation firearms.

The minister said applications for a licence for possession of a weapon would be refused for those persons who in the previous five years would have been convicted of any offence involving violence, attempted or threatened violence, theft, drug and human trafficking or the applicant suffered from illnesses which manifested themselves in violence. Licences may even be refused after that five year period in the interests of public order. The applicant may appeal to the minister against a refusal.

A person found to have abused of licence conditions, such as by commiting a crime, would be penalised not just for the crime itself but also for violating the licence conditions.

People licensed to possess a firearm abroad may bring the firearm to Malta for a sports activity as long as such weapon fell within a category which could be carried in Malta under the new law.

It was hoped that Maltese shooters would soon have a firearms pass (passport) for easier participation in events abroad.

Opposition home affairs spokesman Gavin Gulia said the need for a modern law was undoubted, especially because concessions were needed to promote target shooting. The opposition would back this bill because it stemmed from plans which the Labour government had had.

Dr Gulia observed that 17 per cent of the people in 2002 was licenced to hold some form of firearm and now that was estimated to have risen to 20 per cent. Over the past five years, an average of 1,700 weapons were imported annually, of which some 1,300 were shotguns used mostly for hunting or target shooting at shooting ranges.

Despite the high number of weapons held by the people, there was no cause for alarm. Although the occasional incidents were reported, this was a small percentage.

This bill was a vast improvement on the old law but he felt the government should have signed and ratified the Protocol against illicit manufacture and trafficking of weapons, components and ammunition, supplementing the UN Convention on Transational Organised Crime, of which Malta was a signatory.

Interjecting, Dr Borg said preparations were in hand for the protocol to be signed and ratified.

Continuing, Dr Gulia said it was right that the bill sought to regulate the work of the gunsmith but the definition was too narrow compared to the protocol.

The law should better regulate illicit manufacturing of weapons, components and ammunition, as mentioned in the UN protocol.

He felt the protocol should have been signed first and its definitions incorporated in the new law. He hoped there would not be overlapping of definitions, such as in the case of illicit manufacturing of firearms. The protocol's definition appeared to be wider, including the marking of firearms immediately upon manufacture. The marking requirements laid down in the bill were weak compared to the protocol.

The definition of "deactivation" of a weapon in the bill could also be improved.

Dr Gullia said the bill did not specifically mention as being a crime the illicit trafficking of weapons, although it said one needed a licence to import or export a weapon. This should be remedied, also in line with the protcol.

Turning to sports shooting, Dr Gulia said Maltese sportsmen were doing well in this discipline, but they needed to start training when still young. The issue was over how old a person could be before he could start training. The bill said one needed to be 18 to hold a licence, which was too late to train sportsmen.

The Shooting Federation had insisted on the need for concessions and the Labour government in its draft had proposed that for target shooting persons aged 16 could participate in shooting in licensed ranges under supervision. The bill included this concession, as well as more limited concessions on the use of airguns for those aged over 14. One could consider the use of other weapons, but the opposition agreed with this concession as long as there was proper control in the interests of safety and security. He augured that this would enable Maltese sportsmen to start training from a younger age. David Agius (PN) said Malta had 13-14 year old potential shooting champions who needed to be helped to properly train. They should not continue to train in fear because they were breaking the law. Ways had to be found to amend this bill to enable 12-year-olds to shoot in a regulated environment. Waiting until they were 14 or 16 may be too late. Children should not, however, be authorised to keep weapons.

The bill also needed to better define the competent persons and instructors who would supervise such activities. The members of shooting clubs and ranges should be registered in regularly updated lists which should be made public. The list of authorised range officers should also be public.

Mr Agius said this bill was beneficial for weapon collectors, while introducing safeguards to guard against abuse. He felt that organisations representing arms collectors should also be listed.

Other speakers will be reported tomorrow. Among them was Anglu Farrugia, opposition justice spokesman, who asked whether women who lived alone should, like other women in Europe, be allowed to possess a firearm, such as a small semi-automatic, to defend themselves if harassed.

Victims of violence, single women, the elderly, especially those living in uninhabited area, and certain shop owners such as jewellers who were regular victims of crime should all be given the right to keep a firearm for self defence.

The government should note the increase in the crime rate against people who lived alone and would realise that this request was justified, Dr Farrugia said.