The Air Rifle That Crossed 7.5 Joules
Marco, 42, buys an air rifle from a sporting goods shop. The box is labelled '7.5 J' and the shop assistant says no licence is needed. At home, Marco's friend, an amateur benchrest shooter, measures the rifle with a chronograph: with a 0.50 g pellet it averages 8.4 J at the muzzle over ten shots. Marco has no firearms licence, has never reported a weapon, and keeps the rifle in his garage next to a 12-gauge shotgun he inherited from his father and regularly reported. He also bought a tin of 500 pellets and a spare spring. He asks whether he can keep the air rifle as it is, and whether the 12-gauge changes anything. The shop's receipt states 'giocattolo/aria compressa - 7.5 J'.
1. How should the air rifle be classified, and what does Marco need to do?
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The label and the shop assistant's statement are not decisive. Italian law uses the actual muzzle energy: air weapons up to 7.5 J are treated as non-firearms, subject to age and safety rules, while those exceeding 7.5 J are classified as armi da fuoco comuni. The chronograph result of 8.4 J with a 0.50 g pellet therefore turns the rifle into a firearm. Marco must not simply keep it as an unregistered 'toy'. He needs to regularise the position: report the detention to the Questura or Carabinieri within 72 hours under art. 38 TULPS, and check with the Questura whether he needs a nulla osta all'acquisto or a valid porto d'armi for acquisition and use. Because he has no licence, he should not use or move it until the position is clarified. The 12-gauge shotgun is already reported and is legally separate; it does not authorise the air rifle. The measurement should be repeated properly with a known pellet weight and a calibrated chronograph, because a borderline result near 7.5 J may be disputed; the burden is on the holder to stay within the limit.
2. What if Marco installs the spare spring and the rifle reaches 10 J? Does it matter that he did not manufacture the rifle?
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It matters, but not in his favour. Installing a stronger spring that raises the energy above 7.5 J is a modification that turns a non-firearm into a firearm, or increases the power of a firearm. That can amount to unauthorised fabrication or modification of a weapon and requires the same authorisation and reporting regime as any other common firearm. The fact that he bought a spare part rather than machining a receiver does not make the act neutral. If the rifle is already over 7.5 J, fitting the spring makes the breach worse and may support revocation or refusal of any future licence. The correct course is to have the rifle adjusted by a qualified armourer to remain at or below 7.5 J, or to regularise it as a firearm before using it. Keeping the receipt labelled 'giocattolo' is not a defence: the actual configuration at the time of control is what counts.