Copy taken from: SanzioniAmministrative.it
Law 21 February 1990, n. 36 "New rules on the possession of weapons, ammunition, explosives and similar devices".
(G.U. of February 28, 1990, No. 49)
The Chamber of Deputies and the Senate of the Republic have approved; THE PRESIDENT OF THE REPUBLIC PROMULTS the following law:
1. The third paragraph of the art. 2 of the law of 18 April 1975, n. 110, is replaced by the following: << They are finally considered common weapons for firing those named `` from target room '', or gas emission, as well as long and short compressed air weapons and rocket launchers, except that these are weapons intended for fishing or weapons and instruments for which the advisory commission pursuant to art. 6 excludes, in relation to the respective characteristics, the ability to bring offense to the person. >>.
2. To the last paragraph of the art. 2 of the law of 18 April 1975, n. 110, finally, the following words are added: << or when they are in any case held or brought to be used as signaling instruments for rescue, rescue or civil protection activities. >>.
1. The sixth paragraph of the art. 5 of the law of 18 April 1975, n. 110, is replaced by the following: << Whoever produces or puts on the market toys reproducing weapons without observing the provisions of the fourth paragraph is punished with imprisonment from one to three years and with a fine from one million to five million lire. When the use or carrying of firearms is envisaged as a constitutive element or an aggravating circumstance of the crime, the crime itself exists or is aggravated even if it is a question of weapon for stage use or of toys reproducing weapons whose barrel is not occluded according to law of the fourth paragraph. >>.
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1. The third paragraph of the art. 8 of the law of 18 April 1975, n. 110, is replaced by the following: << The issuance of authorizations for the manufacture, collection, trade, storage and repair of weapons, as well as the permit to carry firearms, provided for in articles 28, 31, 32, 35 and 42 of the aforementioned consolidated text and 37 of the Royal decree 6 May 1940, n. 635, and by this law, is subject to the verification of the technical capacity of the applicant. The verification is not necessary for the authorization to the collection. >>.
1. In the sixth paragraph of art. 10 of the law of 18 April 1975, n. 110, the words: << in the number of two for the common firing weapons >>, are replaced by the following: << in the number of three for the common firing weapons >>.
1. The holding, collection and transport of unsuitable ancient weapons to cause offense due to unavoidable defect of the point or of the cut, or of the throwing or firing devices, are permitted without a license or authorization.
1. In the third paragraph of the art. 22 of the law of 27 December 1977, n. 968, the following period is added: << The port of the weapon for use of hunting by a person with a license, in the case of omitted payment of the government concession tax, is punished with the administrative sanction of the payment of a sum from three hundred thousand lire to eight hundred thousand lire. >>.
1. For the sole purpose of personal defense, the carrying of firearms is permitted without the license referred to in art. 42 of the Consolidated Law on Public Security, approved by Royal Decree 18 June 1931, n. 773, as well as to the persons contemplated by the art. 73 of the royal decree 6 May 1940, n. 635, concerning the execution of the aforementioned consolidated text, to the judiciary magistrates, even if temporarily placed outside the organic role, to the executive and managerial staff of the prison administration.
2. By decree of the Minister of the Interior, to be issued in concert with the Ministers of Grace and Justice, Defense, Treasury and Finance, the categories of persons are identified who, due to the exposure to risk dependent on the activity carried out in the sphere of the administrations of justice or defense, or in the exercise of public security duties, they are exempted from the obligation to pay the government concession tax for the issue of the license to carry firearms. The provisions in force concerning the endowment and port are reserved
of the weapons in service as well as the free concession of the license.
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Copy taken from: SanzioniAmministrative.it
3. The decree referred to in paragraph 2 also establishes the conditions of applicability of the same discipline to personnel who have ceased service.
1. The members of the information and security organizations referred to in the law of 24 October 1977, n. 801, carry unlicensed portable weapons of any type which they are equipped according to the internal service provisions.
1. The Minister of the Interior or, upon his delegation, the prefect of the border province may authorize personnel belonging to the police or security services of another State, who is in the wake of personalities of the same State, to introduce and bring the weapons with which it is equipped for defense purposes.
2. The authorization is limited to the period of stay in Italy of the accompanied personalities as long as there are conditions of reciprocity between the two States.
1. Those who illegally hold weapons of any kind, including war or war-type weapons, and pointy and cutting weapons, or parts of them, including devices necessary for their operation, ammunition, explosives, and other deadly devices, not they are punishable if, before ascertaining the crime and in any case not more than one hundred and eighty days from the date of entry into force of the present law, they deliver to the public security office or, failing that, to the police station competent for the territory, which it issues a receipt, or, in the case of weapons, ammunition and explosives that can legally be held, they comply with the reporting obligation pursuant to art. 38 of the Consolidated Law on Public Security, approved by Royal Decree 18 June 1931, n. 773.
2. The complaint is valid even without the indication of origin.
The present law, bearing the seal of the State, will be included in the official Collection of normative acts of the Italian Republic. Anyone responsible for observing it and enforcing it as a state law is obliged to do so.
Data in Rome, 21 February 1990
COSSIGA ANDREOTTI, President of the Council of Ministers Visa, the Minister of Justice: VASSALLI
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Copy taken from: SanzioniAmministrative.it
Chamber of Deputies (Act No. 1416): Presented by the Hon. ZOLLA and others on 6 August 1987.
Assigned to the first commission (constitutional affairs), in the referent office, on May 31, 1988, with opinions of the commissions II, IV, V, VI and VII.
Examined by the I commission, in the referent office, on 28 September 1988; 16, November 23, 1988; January 25, 1989; 1 February 1989.
Awarded again to the first commission, in legislative session, on 31 July 1989.
Examined by the I commission, in legislative session, and approved on 9 November 1989.
Senate of the Republic (Act No. 1950):
Assigned to the 1st commission (constitutional affairs), in the deliberative seat, on November 22nd 1989, with the opinions of the 2nd, 3rd, 4th, 9th and 13th commissions.
Examined by the 1st commission on 13 December 1989 and approved, with amendments, on 14 December 1989.
Chamber of Deputies (Act No. 1416 / B):
Assigned to the first commission (constitutional affairs), in legislative session, on 18 January 1990, with the opinion of the commission II.
Examined by the commission and approved on 7 February 1990.
Holding a toy gun without a red cap is no longer a crime.
Judgment of October 18, 2004 Criminal Court of Nola Back
Criminal Court of Nola
Judgment of October 18, 2004 Criminal Court of Nola
Judgment kindly sent by the lawyer Pietro D'Antò - IUS SIT www.iussit.it
WEAPONS: Holding, use and carrying of a toy gun without a red cap - application of Law 21/2/1990 nr.36 which has modified art.5 Law 18/04/1975 nr.110 - fact not constituting more crime - Punishment of the manufacturer and the merchant only with respect to the marketing of toy guns - Existence of the crime only if through the use or the port another different crime is realized of which such conduct is constitutive element or aggravating circumstance such as, for example, the aggravated robbery .
In the Sentence.
Following the entry into force of Law 21/2/1990 nr.36 which modified article 5 of Law 18/04/1975 nr.110, the mere possession of a toy pistol without the incorporated red cap is no longer a crime .
Vice versa, the offense can be set against the manufacturer and the merchant in relation to the marketing of toy guns, subjects for whose qualification the criminal red prescription, the absence of which is sanctioned pursuant to the aforementioned article 5 Law 110/1997, is a criminal offense.
Similarly, the use or port of a toy gun without a red cap is not a crime unless another use is made of the use or port of which such conduct is a constitutive element or an aggravating circumstance such as, for example, aggravated robbery.
Judge Dr. Diana Bottillo