Control and possession of weapons: Legislative Decree No. 26 of 2010 October 204.

Hunting - Legislative Decree 26 October 2010: Hunting is not just passion and experience, but above all regulations and laws that regulate it.

It will therefore be of vital importance for the hunter to always stay up to date on the new regulations, especially when they regulate the possession of firearms as in the case of the dl 26 October 2010. We will never tire of repeating it. The expert hunter not only knows by heart techniques and hunting grounds, needs and requirements of his trusty hound, but above all he must have an excellent knowledge of the laws and regulations that regulate his passion.

It will therefore be appropriate to know the Legislative Decree 26 October 2010, n. 204, given that it changes the Directive 91 / 477 / EEC in relation to the acquisition, but especially the control and possession of weapons.

The objective of the decree is mainly to reconcile the needs of the free and easy circulation of weapons on the internal market, with the necessary protection and security relating to public safety. Naturally, the decree maintains a notable coherence with the principles that inspired the community legislation, adapting the Italian law on weapons to European needs.

The salient points of the decree concern different aspects, but mainly the definitions of:
• weapon;
• part;
• ammunition;
• traceability;
• intermediary;
• gunsmith.

Specifically, weapons are all portable barreled, capable of ejecting, designed or modified in such a way that they can eject a shot, a bullet or a projectile thanks to the action of a propellant fuel.

Hunting weapons will be more precisely defined rifles with rifled bore, rifles with rifled bore barrel and with single manual or semi-automatic repetition loading, in the case of cartridges with a caliber of 5,6 mm and with empty case high. that is equal to or greater than 40 millimeters.

Rifles and rifles with rifled core with identical characteristics to the previous ones, which in any case use cartridges with a caliber greater than 5,6 mm, even if with the empty case less than 40,7 mm in height, are to be understood as hunting weapons. . It should also be noted that for hunting shotguns that are able to chamber cartridges designed for pistol or revolver, there is a holding limit of 200 loaded cartridges.

Part of the firearm, on the other hand, is any component or, better still, any spare part, designed specifically for the firearm, essential for its operation. Parts of the firearm are specifically the barrel, the barrel, the carcass, the slide or drum, the bolt and all the components designed to limit and attenuate the noise of the firing of the firearm.

Another important definition is that of ammunition described as the set of the cartridge including shells, primers, gunpowder and bullets that are used by firearms.

The concept of traceability is also fundamental, especially for public safety and security. The traceability of a firearm is that systematic check carried out in the path followed by it, together with all its parts and ammunition, which passes from the hands of the manufacturer to those of the purchaser. Traceability is also essential for tracing any illicit arms manufacturing and trafficking.

Finally, the definition of intermediary and gunsmith is particularly important to clarify this area; the first is a natural or legal person other than the gunsmith, who carries out an activity consisting in the sale or purchase, and transfer of weapons, both in its entirety and in their parts, even without having the material availability. Different is the gunsmith, a natural and legal person who manufactures and trades, exchanges and assembles or repairs weapons and the parts from which they are made.

Obviously, to play the role of intermediary in the sector in question, it is necessary to have a particular license available which must be issued by the Prefect. This will be valid for three years, after which it will have to be renewed.

Unlike the intermediary, the gunsmith will be required to keep a register in which he will record all the daily operations. Specifically, the personal details of all the people with whom certain operations are carried out must be indicated and this must be shown at the request of public security agents or officials. It will be necessary to keep the register in question for a period of 50 years.

Needless to say, the gunsmiths will have to communicate the general information of the purchasers of firearms, and above all the quantity and quality of the weapons sold together with the documents presented for purchase, to the police office on a monthly basis.

It is forbidden to make weapons available to persons who do not present a permit to carry a firearm and the nulla osta issued by the Questore.

To request this document you must be over 18 years old, it will be valid for one month and it is tax free. Furthermore, anyone who owns a weapon must undergo rigorous psycho-physical checks.

These will be obliged to submit a health certification every 6 years.

Here is a summary of the salient points highlighted by the Decree.