Report of detention within 72 hours

When must a report for possession of a weapon be filed?

Anyone who purchases or physically comes into possession of a weapon must report its possession within 72 hours. The deadline begins from the moment the person actually acquires possession of the weapon, not from the date they decide to use it or move it into their home.

The obligation is established by Article 38 of the Consolidated Law on Public Safety (TULPS) and also applies to those who already have a gun license or a permit to purchase a gun.

The word "denuncia", in this case, does not mean reporting a crime: it is a mandatory administrative communication that allows the authorities to know which weapons are held, by whom, and in what place.

When does the 72 hours start?

The term runs from the moment the weapon is physically available . In practice, it begins when the weapon is actually delivered to the buyer or otherwise becomes available to him.

The 72 hours should not be considered three generic working days. To be safe, the count should be made in consecutive hours, including Saturdays and holidays.

If the relevant office is closed and the deadline is likely to expire, it is advisable to use certified email, where permitted, or contact the authority in advance to find out the correct submission method.

In which cases must it be submitted?

A report is required when you come into possession of a weapon or other material subject to the obligation, for example following:

• purchase from a gun shop;
• purchase or transfer between private individuals;
• donation;
• inheritance;
• discovery, following the authorities' instructions in advance;
• duly authorized import;
• transfer of the weapon to a place other than the one previously reported;
• acquisition of essential reportable weapon parts;
• acquisition of ammunition or explosive materials in cases provided by law.

The requirement also applies to certain types of high-capacity magazines. Since the regulations depend on the capacity, weapon category, and any permits held, it's best to check with the relevant Firearms Office for confirmation.

Where should it be submitted?

The report must be submitted to the authority competent for the actual place of possession of the weapon , which does not necessarily coincide with the registered residence of the owner.

It can be presented:

• to the local State Police office;
• to the competent Public Safety Commissioner;
• at the Carabinieri Station, when there is no public safety office in the Municipality;
• to the competent Police Headquarters via certified email, according to the methods published by the office.

If a person resides in one municipality but regularly keeps the weapon in a second residence located elsewhere, the report must refer to the place where the weapon is actually kept.

Can the complaint be sent via certified email?

Yes. Article 38 of the TULPS (Consolidated Law on Public Security) permits electronic transmission to the competent Police Headquarters via the relevant certified email address.

Before sending it is advisable to check on the Police Headquarters website:

• the exact PEC address of the competent office;
• the form to use;
• the required format for attachments;
• the need to digitally or manually sign documents;
• any request to also forward the previous complaint.

Both the acceptance receipt and the delivery receipt must be retained . The latter proves that the communication was delivered within the deadline.

A regular email, which lacks the guarantees offered by certified email, should not be used without specific confirmation from the office.

What information should it contain?

The report must clearly identify the owner, the weapon, and the location where it was stored. Typically, the following information must be provided:

• name, surname, place and date of birth of the holder;
• residence and contact details;
• exact address of the place of detention;
• type of weapon;
• make and model;
• caliber;
• serial number;
• any classification of the weapon;
• quantity and characteristics of the ammunition subject to notification;
• details of the gun license or authorization used for the purchase;
• data of the seller or transferor.

It's important to compare the information on the sales documents with that engraved on the firearm. Any errors in the serial number, caliber, or model must be reported immediately to the gunsmith and the relevant office.

What documents should I attach?

Documentation may vary between offices, but typically includes:

• completed and signed complaint form;
• identity document;
• copy of a valid gun license or purchase authorization;
• declaration of sale issued by the gunsmith;
• deed of transfer, in the case of transfer between private individuals;
• copy of the transferor's detention report, when requested;
• previous report of weapons already owned;
• any declaration containing the data of the cohabitants;
• documentation relating to inheritance, donation or other form of acquisition.

In the case of personal presentation, many offices request two copies of the report: one is retained and the other, stamped or registered, is returned to the holder.

Must the report also list any weapons already owned?

Yes, it is advisable to submit an updated and complete report. The new report should also list the weapons and ammunition already owned, attaching the previous declaration.

This way, the office can verify the overall situation and provide an updated report, avoiding inconsistencies between subsequent communications.

What happens in private purchases?

Before delivery, the seller must verify that the buyer has a valid gun license or a specific authorization to purchase.

The parties must prepare a declaration of assignment containing:

• personal data and documents of the parties;
• extremes of the respective titles;
• make, model, caliber and serial number of the weapon;
• date and place of delivery;
• signatures of the transferor and the purchaser.

The buyer must report the new possession within 72 hours of delivery. The seller must also update their report, stating that the weapon is no longer in their possession.

Does the gun shop's communication replace the report?

No. The procedures performed by the gunsmith do not relieve the buyer of the personal obligation to report possession within 72 hours.

The sales declaration issued by the gunsmith is one of the documents to be attached to the report, but does not replace it.

What happens if the place of detention changes?

The report must be resubmitted when the weapon is permanently transferred to a location other than the one previously declared, even if the new address is in the same municipality.

Before moving, you must verify that you have a valid transport document. After the move, you must notify the local authority of the new location of custody.

It is also advisable to inform the office where the previous complaint was filed, following the instructions provided by the two administrations involved.

What happens in the event of an inheritance?

The heir does not automatically become authorized to handle or transport the weapons belonging to the deceased.

Anyone without a valid gun license must immediately contact the Firearms Office and request the necessary authorization to acquire and possess inherited weapons . In the meantime, the weapons must not be used, moved, or surrendered independently.

Acquisition by inheritance must also be regularized and reported within the deadline starting from the effective availability, according to the instructions of the authority.

Does ammunition also have to be reported?

Ammunition is subject to specific requirements and quantity limits. The regulations vary based on the type of cartridge, the weapon it is intended for, and the total quantity held.

In general:

• pistol or revolver ammunition must be reported;
• single-projectile long gun ammunition must be declared;
• special rules apply to hunting cartridges loaded with shot;
• the increase in ammunition held may require the reporting to be updated;
• Gunpowder must be declared and counts towards the limits established by law.

Given the complexity of the matter, before purchasing it is advisable to check with the Firearms Office to determine which quantities must be declared and which limits apply to your specific case.

How should registered weapons be stored?

Filing a report does not exhaust the owner's obligations. The holder must take all necessary care in the interest of public safety.

Weapons must not be accessible to minors, incapacitated persons, unauthorized individuals, or persons known to be untrustworthy. The designated location must offer adequate security measures for the number and type of weapons stored and the specific circumstances of the home.

References: Articles 20 and 20-bis of Law 18 April 1975, n. 110.

What happens if the complaint is filed late?

Failure to report or late reporting may have criminal and administrative consequences. Unlawful detention, as provided for by Article 697 of the Criminal Code, may be charged, without prejudice to any other applicable provisions.

The fact may also affect the reliability assessment of the holder and determine:

• precautionary withdrawal of weapons;
• suspension or revocation of gun license;
• denial of renewal;
• initiation of proceedings for the prohibition of detention pursuant to Article 39 of the Consolidated Law on Public Security.

Anyone who realizes they've missed the deadline should not attempt to hide the omission or provide an inaccurate date. It's best to contact the Firearms Office immediately and regularize the situation, considering seeking professional assistance.

A practical example

A person picks up a rifle from the gun shop at 11:00 a.m. on Friday. From that moment, they acquire physical possession of the weapon, and the 72-hour period begins to run.

The notification sent by the gunsmith does not replace the buyer's report. The buyer must therefore submit it to the competent authority for the location where the rifle will be stored or send it via certified email, retaining the delivery receipt.

Essential regulatory references

• Royal Decree of 18 June 1931, n. 773 – TULPS, in particular articles 35, 38 and 39;
• Royal Decree of 6 May 1940, n. 635 – Regulations for the implementation of the TULPS, in particular articles 58 et seq.;
• Law 18 April 1975, n. 110, in particular articles 10, 20 and 20-bis;
• Legislative Decree 30 December 1992, n. 527, for the definition of the essential parts of firearms;
• Legislative Decree 10 August 2018, n. 104;
• article 697 of the Criminal Code.

This information sheet is for informational purposes only and does not replace the consultation of current regulations. The 72-hour period begins from the date the firearm is physically available, and possession of a firearms license or a permit does not relieve the obligation to report it. Forms, documents, and operating procedures may vary from region to region: before purchasing, selling, inheriting, or transferring storage, it is advisable to check the instructions of the relevant Firearms Office.