Anyone who finds a weapon or part of a weapon must immediately inform the police and deposit it at the local public safety office or the nearest Carabinieri station, following the instructions received.
For safety reasons, the most important rule of thumb is to never touch, move, unload, clean, or transport your firearm yourself . Keep other people away, prevent anyone from approaching, and call the emergency number 112.
The obligation is established by Article 20 of Law No. 110 of 18 April 1975 and applies to anyone who finds a weapon, even if they personally possess a gun permit.
Why shouldn't you touch the gun?
A recovered weapon should be considered potentially:
- loaded and ready to fire;
- defective or modified;
- coming from a theft;
- used to commit a crime;
- abandoned together with ammunition or explosives;
- useful for carrying out investigations.
Handling it can cause an accidental discharge or erase fingerprints, biological traces, and other investigative evidence. Even inserting an object into the barrel, opening the cylinder, or checking the chamber can alter the weapon and compromise investigations.
What needs to be done immediately?
Anyone who finds a weapon should:
- do not handle it or try to check if it is charged;
- don't photograph it from close up if doing so requires moving it closer or further away;
- keep children, animals and other people away;
- memorize the exact point of discovery;
- call 112 immediately;
- describe the object, the location and any ammunition present;
- wait in a safe place for the operators to arrive.
If the weapon is found on the roadway, in a place frequented or otherwise accessible to other people, the danger must be clearly reported to the 112 operator, without trying to remove it personally.
Do I have to personally bring the weapon to the Carabinieri?
The law requires immediate deposit at the public safety office or the nearest Carabinieri station. However, personally transporting a found weapon can be dangerous and expose the finder to legal action, especially if they don't have a license or are unfamiliar with the weapon's condition.
The safest course of action is to call 112, explain the situation, and follow the operators' instructions exactly. The police will decide whether to intervene on-site or arrange for a different delivery method.
Can the finder keep the weapon?
No. A recovered weapon cannot be retained, used, sold, given away, or added to your collection.
Possession of a firearms license does not confer any rights to the found item. The general provisions of the Civil Code for lost property do not allow the appropriation of a weapon, as specific public safety provisions apply.
The origin and destination of the weapon must be ascertained by the authorities.
What happens after delivery?
The office receiving the weapon issues a receipt and initiates the necessary investigations. It can verify:
- make, model, caliber and serial number;
- any alterations or abrasions of the serial number;
- the presence of the weapon in databases of stolen or lost goods;
- the origin and the previous owner;
- any connection with crimes;
- the technical conditions and the ability to shoot.
The weapon may be seized and subjected to ballistic tests. The finder may subsequently be contacted to specify the location, date, time, and circumstances of the discovery.
What to do if the gun looks old, rusty, or unusable?
Even a very old, rusty, incomplete, or apparently unusable weapon must be reported. It's not up to the citizen to decide whether it's still capable of firing, whether it's considered antique, or whether it can be considered permanently inoperable.
A damaged gun may retain working parts, contain a cartridge, or be of historical or investigative interest. It should therefore be left in the position in which it was found.
What to do if you find ammunition or explosives?
If there are cartridges, powder, bombs, grenades, artillery shells or other suspicious objects near the weapon, do not touch or move anything.
For explosives, the law requires immediate reporting to the authorities. They should not be collected and personally taken to a police station. You should move away, avoid vibrations, impacts, flames, or equipment that could interfere, and call 112 immediately.
This precaution also applies to devices dating back to the world wars: their age and oxidation do not exclude the possibility that they are still active.
What to do if the gun is found in your home?
The discovery can occur during construction, moving, property purchases, or cellar and attic clearances. Even in these cases, the weapon must not be hidden, retained, or taken to a gun shop without first contacting the authorities.
Access to the premises must be denied, the police must be called, and where and how the weapon was discovered must be explained.
What if the gun belonged to a deceased person?
The discovery of a weapon in the home of a deceased person requires a specific assessment. If the weapon is properly registered, the heirs must still notify the authorities of the death and promptly determine the storage and destination of the materials.
If you do not know the origin or the legality of the possession, you must not move the weapon: you must immediately contact the Police Headquarters or the Carabinieri.
Physical possession of a firearm does not automatically transfer the right to its ownership to your heirs. Anyone wishing to acquire it must meet the required requirements and have the required title; otherwise, they must arrange for its transfer, storage at a gunsmith, or other authorized location.
What happens if the gun is found in a used car?
If a weapon is discovered in a purchased, rented, or borrowed vehicle, it must not be removed or transported elsewhere. The vehicle must be stopped safely, no one else must be allowed inside, and 112 must be called.
The previous owner or rental company can be informed subsequently, following the instructions of the police. It is not advisable to return the weapon directly to someone claiming to be its owner.
Is there any liability for those who fail to report the discovery?
Yes. Failure to deposit a weapon or part of a weapon and failure to report the discovery of explosives can result in criminal penalties.
Retaining or transporting the weapon may also, depending on the circumstances, constitute violations relating to illegal possession or carrying and may raise suspicions about the origin of the property.
Anyone who picks up the weapon before understanding its nature must avoid further handling, place it without further movement in a safe location, keep anyone else away, and immediately contact 112, explaining exactly what happened.
Can the finder ask for the weapon to be returned?
The finder does not acquire ownership of the weapon and cannot request its return for keeping or selling. If the rightful owner is identified, the authorities will determine whether the conditions for its return are met.
When the origin remains unknown or the weapon is linked to an illegal act, its destination is determined by the administrative or judicial authority in accordance with applicable legislation.
A practical example
While walking in the woods, a man notices a rifle partially hidden under some leaves. He doesn't pick it up or even try to check if it's loaded. He pushes other hikers away, records the location of the discovery, and calls 112.
The officers intervene, secure the weapon, and verify its serial number and provenance. The citizen reports the circumstances of the discovery without tampering with the object or the surrounding area.
Essential regulatory references
- Law 18 April 1975, n. 110, article 20, regarding the discovery of weapons, weapon parts and explosives;
- Royal Decree of 18 June 1931, n. 773 – TULPS, articles 38 and 42;
- Criminal Code, Article 697, relating to the illegal possession of weapons;
- Criminal Code, Article 679, relating to failure to report explosive materials;
- Code of Criminal Procedure, provisions regarding the seizure and preservation of items pertaining to the crime;
- provisions issued by the authority that intervened in the specific case.
This factsheet is for informational purposes only and does not replace the instructions of the police. Anyone who finds a weapon, a weapon part, ammunition, or material that may contain explosives must not take, handle, unload, or transport it independently. They must keep other people away, immediately call 112, and follow the instructions given. If you encounter bombs, grenades, military ammunition, or other potentially explosive devices, do not approach them or attempt to remove them in any way.
