The original text in Portuguese of Brazilian President Luiz Inácio Lula da Silva’s first executive order is available here. The order represents a dramatic change in the regulations dealing with guns and ammunition. An English translation of the order is available below.
Suspends the registration for the acquisition and transfer of weapons and ammunition for restricted use by hunters, collectors, shooters and private individuals, restricts the quantities for the acquisition of weapons and ammunition for permitted use, suspends the granting of new registrations for clubs and shooting schools, suspends the granting of new registrations for collectors, shooters and hunters, and establishes a Working Group to present new regulations for Law 10,826, of December 22, 2003.
THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferred on him by art. 84, caput, item IV, of the Constitution, and in view of the provisions of Law No. 10,826, of December 22, 2003, and
Considering the risk to the security of society, institutions and democracy represented by the lack of control over the circulation of arms and ammunition;
Considering the decisions handed down by the Federal Supreme Court, especially in Direct Actions of Unconstitutionality No. 6119, No. 6139, No. 6466, No. 6675, No. 6676, No. 6677, No. 6680, No. 6695; on the 7188, on the 7189 on the 7072 and on the 5359;
Considering the need to reconcile the regulations of Law No. 10,826, of December 22, 2003, with the rights and guarantees provided for in the Federal Constitution:
DECREE
Art. 1st This Decree suspends registration for the acquisition and transfer of weapons and ammunition for restricted use by hunters, collectors, shooters and private individuals, restricts the quantities for the acquisition of weapons and ammunition for permitted use, suspends the granting of new registrations for clubs and schools of shooting, suspends the granting of new registrations for collectors, shooters and hunters, establishes a Working Group to present new regulations for Law no. 10.826, of December 22, 2003, and takes other measures.
CHAPTER I – FIREARMS AND AMMUNITION
Section I
of the re-registration
Art. 2nd Permitted and restricted use firearms acquired after the enactment of Decree No. 9,785, of 2019, must be registered in Sinarm within a period of up to sixty days, even if registered in other systems, subject to the provisions of the sole paragraph of art. 2 of Law No. 10,826, of December 22, 2003.
Section II
Restricted use weapons
Art. 3rd Registrations for acquisitions and transfers of firearms for restricted use by hunters, collectors, shooters and private individuals are suspended until the entry into force of the new consolidated regulation of Law 10,826, of December 22, 2003.
§1 The renewal of the registration of weapons for restricted use is suspended until the publication of the new regulations provided for in the caput.
§2 The validity of registrations that expired after the publication of this Decree is extended until the period referred to in the caput.
§3 The acquisition of ammunition for firearms for restricted use is suspended until the entry into force of the regulations provided for in the caput.
Section III
Permissible Weapons
Art. 4th Each person may acquire a maximum of three firearms for permitted use, provided that the requirements set forth in this Decree and in the legislation in force are observed.
Art. 5 For the purposes of acquiring a permitted firearm and issuing the Firearm Registration Certificate administered by the National Weapons System – Sinarm, the interested party must:
I – prove effective need;
II – be at least twenty-five years old;
III – present original and copy of personal identification document;
IV – prove the suitability and absence of a police investigation or criminal process, by means of criminal record certificates from the Federal, State, Military and Electoral Courts;
V – submit a document proving lawful occupation and right residence;
VI – prove the technical capacity for handling the firearm;
VII – prove the psychological aptitude for handling a firearm, attested in a conclusive report provided by a psychologist accredited by the Federal Police; It is
VIII – submit a statement that your residence has a safe or secure place with a lock for storage, necessarily without firearms that you own, in order to adopt the necessary measures to prevent minors under eighteen years of age or civilly incompetent persons from taking possession of them of a firearm that is in your possession or that is your property, pursuant to the provisions of art. 13 of Law No. 10,826 of 2003.
§ 1 For the proof referred to in item I of the caput, the interested party must explain the facts and circumstances justifying the request, such as the activities carried out and personal criteria, especially those that demonstrate the indications of potential risks to his life, safety or physical integrity.
§2nd In addition to not fulfilling the requirements of the caput, the following are causes for rejecting the request:
a) the absence of proof of the effective need;
b) proof that the facts and circumstances stated are not true
by the interested party to demonstrate the effective need referred to in item I of the caput;
c) the filing of the request, by the interested party, with false declarations or documents;
d) maintenance of ties, by the interested party, with criminal groups;
e) acting as an intermediary for someone who does not meet the requirements of the caput.
§ 3 The background certificates referred to in item IV of the caput of the places of domicile of the interested party in the last five years will be required.
§ 4 The proof of technical capacity referred to in item VI of the caput must be issued by a weapons and shooting instructor accredited by the Federal Police at Sinarm and must certify, necessarily:
I – knowledge of the concept and safety rules relating to firearms;
II – basic knowledge of the components and parts of the firearm for which the acquisition authorization was requested; It is
III – ability to use a firearm demonstrated by the interested party in a shooting range accredited by the Army Command or by the Federal Police.
§5 Once the requirements referred to in the caput are met and if there is a favorable opinion from Sinarm, the Federal Police will issue, within a maximum period of thirty days, counted from the date of the protocol of the request, the authorization for the acquisition of the requested firearm on behalf of the interested party.
deals with § 5.
§ 6 The authorization for the acquisition of the firearm of which § 7 is exempt from proof of compliance with the requirements referred to
items VI and VII of the caput the person interested in acquiring a firearm that:
I – prove to have a valid authorization to carry a firearm equal to the one to be
acquired;
II – has undergone a psychological assessment within the period established for obtaining or maintaining the possession of a firearm.
§ 8 The requirements set forth in the caput shall be proven every five years, with the Federal Police, for the purpose of renewing the Certificate of Registration.
§9 The due fees will be collected at the time of the registration request and the
renovation.
§ 10. Members of the Armed Forces, federal police, state and Federal District civilians, and State and Federal District military personnel, when acquiring a firearm for permitted or restricted use or renewing the respective Certificate of Registration, are exempt from the compliance with the requirements dealt with in items I, II, IV, V, VI and VII of the caput.
§ 11. The members of the entities dealt with in items I, II, III, V, VI, VII and X of the caput of art. 6 of Law No. 10,826, of 2003, are exempt from complying with the requirement referred to in item II of the caput of this article.
§ 12. Fulfillment of the requirement of item I of the caput for public servants dealt with in items X and XI of the caput of art. 6 of Law No. 10,826, of 2003, of the members of the judiciary and the Public Prosecutor’s Office may be attested by a statement from the institution itself, in the form established by the Federal Revenue Service, the National Council of Justice and the National Council of the Public Ministry, respectively, adopting the technical parameters established by the Federal Police.
Art. 6th The Firearm Registration Certificate, issued by the Federal Police, preceded by registration at Sinarm, is valid in the national territory and authorizes the owner to keep the firearm exclusively inside his residence or on its premises, or, even , from his place of work, provided that he is the owner or the person legally responsible for the establishment or the company.
Single paragraph. For the purposes of the caput, it is considered:
I – interior of the residence or its premises – the entire length of the registered private area of the property, built or not, where the holder of the registration resides, including in the case of rural property;
II – inside the workplace – the entire length of the registered private area of the property, built or not, in which the legal entity is installed, registered as its headquarters or branch;
III – proprietor of the establishment or company – the one defined in the contract
Social; It is
IV – legally responsible for the establishment or the company – the person designated in an individual employment contract, with management powers.
Art. 7th The owner of a firearm, in the event of a change of address or any other situation that involves the transport of a firearm, must request a traffic document from the Federal Police for firearms registered with Sinarm, as established in an act by the General Director of the Federal Police.
Single paragraph. The transit document does not authorize the carrying of the weapon, but only its transportation, without ammunition and packed in such a way that it cannot be used immediately and only on the route authorized therein.
Art. 8 The Firearm Registration Certificates of firearms owned by the bodies referred to in items I, II, III, IV, V, VI, VII, X and XI of the caput of art. 6 of Law No. 10,826, of 2003, have an indefinite period of validity.
Art. 9 Private and institutional firearms that are not emblazoned must be carried with their respective Firearm Registration Certificate or with the term of caution resulting from judicial authorization for use.
Art. 10. The transfer of ownership of permitted firearms, by any of the forms permitted by law, will be subject to prior authorization from the Federal Police, with the provisions of art. 5 of this Decree.
§ 1 The request for authorization to transfer a firearm will be accompanied by proof that the owner intends to sell it to a third party.
§ 2 The delivery of the firearm permitted by the seller to the purchaser can only be carried out after proper authorization from the Federal Police.
Art. 11. In the event of non-compliance with the requirements referred to in art. 5 for the renewal of the Firearm Registration Certificate, the owner shall deliver the firearm to the Federal Police, upon compensation, as provided for in art. 48 of Decree No. 9,847, of 2019, or arrange for its transfer, within thirty days, to a third party interested in the acquisition, subject to the provisions of art. 10.
Single paragraph. Failure to comply with the provisions of the caput will result in the seizure of the firearm by the Federal Police or by a public body accredited by it.
Art. 12. The acquisition of ammunition will be conditioned to the presentation by the acquirer of a valid identification document and the Firearm Registration Certificate at Sinarm or Sigma, as the case may be, and will be restricted to the caliber corresponding to the registered firearm, limited to fifty units of ammunition per year.
CHAPTER II – REGISTRATION AND SUPERVISION OF SHOOTING CLUBS AND SCHOOLS AND COLLECTORS, SHOOTERS AND HUNTERS
Art. 13. Until the entry into force of the new consolidated regulation of Law 10,826, of December 22, 2003, the granting of new registrations of:
I – shooting clubs and schools; It is
II – collectors, shooters and hunters.
Single paragraph. The practice of recreational shooting in clubs, shooting schools or similar entities is suspended by persons not registered as hunters, shooters or collectors with the Brazilian Army, or who do not possess a firearm, under the terms of Law 10,826, of December 22, 2003.
Art. 14. Collectors, shooters and hunters will not be allowed to carry a firearm in transit, including on the way between their residence and the exhibition site, shooting practice or controlled slaughter of animals.
§ 1 The right to carry firearms from clubs and shooting schools and their members and collectors, shooters and hunters is guaranteed in the national territory, upon presentation of the Collector, Shooter and Hunter Registration Certificate. Hunter or the valid Firearm Registration Certificate and the Traffic Guide, provided that the ammunition transported is packed in its own container, separate from the weapons.
§ 2 The Traffic Guide is the document that grants the authorization for the traffic of arms, accessories and ammunition in the national territory and corresponds to the transit charge provided for in art. 24 of Law No. 10,826, of December 22, 2003.
§ 3 The Traffic Guide referred to in § 2 may be issued on the Army Command’s website.
Art. 15. Hunters registered with the Army Command will be able to carry portable weapons and carry weapons from their collection of hunter weapons during the controlled slaughter, subject to the provisions of environmental legislation.
Single paragraph. Weapons must be accompanied by the Firearm Registration Certificate and Traffic Guide.
Art. 16. The acquisition of ammunition for firearms for use by collectors, shooters and hunters will be subject to presentation by the purchaser of a valid identification document and the Firearm Registration Certificate at Sinarm or Sigma, as the case may be, and will be restricted to the caliber corresponding to the registered firearm.
§ 1. Shooters and hunters who own firearms may acquire, within a period of one year, up to six hundred units of ammunition for each permitted weapon registered in their name.
§ 2 The shooters and hunters shall inform the Army Command of the acquisition of ammunition for permitted firearms use within seventy-two hours, counted from the date of effecting the purchase, and the address of the place where they will be stored.
§ 3 The weapons belonging to the collection of collectors cannot be considered for the acquisition of ammunition for firearms for permitted use referred to in § 1.
Art. 17. The Army Command will monitor compliance with the rules and safety conditions of firearms, ammunition and reloading equipment stores.
Art. 18. The original and reloaded ammunition provided by the clubs and shooting schools will be for exclusive use on the premises of the association in training, courses, instructions, classes, tests, competitions and tests of technical capacity for handling firearms.
§ 1 The duly accredited shooting schools and clubs may purchase units of ammunition for permitted use weapons to supply their members, associates, members or customers, to carry out training, courses, instructions, classes, tests, competitions and capacity tests technique for handling firearms, observing the monthly limit of one twelfth of the limits provided for in §1 of art. 16 per monthly enrolled student.
§ 2 The Army Command may grant authorization for the acquisition of ammunition for permitted use in firearms in quantities greater than those provided for in § 1 of art. 16 for schools and shooting clubs, provided that the need is proven due to the number of students or members.
§3rd Ammunition for permitted firearms will be controlled by the Ammunition Sales and Stock Control System – Sicovem.
CHAPTER III – SPORT SHOOTING PRACTICE
Art. 19. The practice of sport shooting, under the terms of Law No. 9615, of March 24, 1998, in the ways accepted by the national shooting administration entities, by people aged between fourteen and eighteen years, can only be authorized by court decision .
Art. 20. The practice of sport shooting, in the ways accepted by the national shooting administration entities, by people aged between eighteen and twenty-five years:
I – will be restricted to places authorized by the Army Command; It is
II – may be carried out with the use of firearms and ammunition from the shooting entity, the association or provided by another athlete.
Single paragraph. The provisions of art. 14 to sport shooters.
Art. 21. The Army Command may grant authorization for the acquisition of ammunition in quantities greater than those provided for in §1 of art. 16 for professional sport shooters, provided that the need for training or participation in competition is proven.
CHAPTER IV
WORKING GROUP
Art. 22. A Working Group is set up with a view to regulating Law No. 10,826, of December 22, 2003.
Art. 23. The Working Group will be made up of representatives of the following bodies and entities:
I – Ministry of Justice and Public Security, which will coordinate it; II – Ministry of Defense;
III – Ministry of Finance;
IV – Federal Police;
V – National Council of Justice;
VI – National Council of the Public Ministry;
VII – Attorney General of the Union;
VIII – National Council of Public Security and Social Defense; It is
IX – non-profit institutions operating in the field, indicated by the Minister of Justice and Public Security.
§1 Each member of the Working Group will have an alternate who will replace him in his absences and impediments.
§2 The members of the Working Group and their respective alternates will be appointed by the heads of the bodies they represent, within a period of thirty days, counted from the date of publication of this Decree, and designated by act of the Minister of State for Justice and Public Security.
§3 The Coordinator of the Working Group may invite representatives of other bodies and public entities and of private institutions and specialists to participate in its meetings.
Art. 24. Participation in the Working Group will be considered as providing a relevant, non-remunerated public service.
Art. 25. The deadline for completing the work of the Working Group will be sixty days, counting from the date of appointment of its members, allowing its extension for an equal period.
Single paragraph. The final report on the activities of the Working Group will be forwarded to the Minister of State for Justice and Public Security for consideration.
CHAPTER V FINAL AND TRANSITIONAL PROVISIONS
Art. 26. The owner of a firearm, for permitted or restricted use, is obliged to immediately report to the local police unit and Sinarm the loss, theft, theft and recovery of a firearm or the Registration Certificate of Firearm.
§ 1 The police unit will send, within a period of forty-eight hours, counted from the date of receipt of the communication, the information collected to the Federal Police or to the Army Command, for the purposes of registration in Sinarm.
§ 2 Without prejudice to the provisions of the caput, the owner must also communicate what happened to the Federal Police or the Army Command, as the case may be, and forward a copy of the police report.
Art. 27. Authorizations for the possession and carrying of firearms of holders who are responding to police investigations or criminal actions for intentional crimes will be revoked.
§ 1 In the hypotheses referred to in the caput, the owner will deliver the firearm to the Federal Police or to the Army Command, as the case may be, against compensation, as provided for in art. 48 of Decree No. 9,847, of June 25, 2019, or transfer it to a third party, subject to the provisions of art. 10, within a period of thirty days, counted from the date of the acknowledgment of the indictment or the receipt of the complaint or complaint by the judge.
§ 2 The cancellation referred to in the caput will be determined from the indictment of the investigated in the police investigation or the receipt of the complaint or complaint by the judge.
§ 3 The provisions of this article apply to all firearms owned by the accused or accused.
§ 4 The apprehension of the firearm is the responsibility of the competent judicial police for the investigation of the crime that motivated the impeachment.
§ 5 In cases of criminal action or police investigation involving domestic and family violence against women, the weapon will be seized immediately by the competent authority, under the terms of art. 18 of Law No. 11,340, of August 7, 2006.
Art. 28. The acquisition of supplies for reloading ammunition by individuals, including collectors, shooters and hunters, is suspended until the publication of the new consolidated regulation of Law No. 10,826, of December 22, 2003.
Art. 29. The sale of accessories, parts, components and machinery listed in paragraph 3, article 2, of Annex I – Regulation of Controlled Products, approved by Decree No. 10.030, of September 30, 2019, is suspended.
Art. 30. For the renewal of registrations granted under the previous regime, the requirements of this Decree will be observed, respecting the number of weapons already authorized for permitted use.
Single paragraph. The provisions of art. 11 in cases of non-compliance with the requirements stipulated in this Decree.
Art. 31. The production of replicas and simulacra that may be confused with a firearm is prohibited, pursuant to the provisions of art. 26 of Law No. 10,826 of 2003, which are not classified as airguns or intended for instruction, training, or collection by an authorized user.
Art. 32. The following are hereby revoked:
I – Decree No. 9.845, of June 25, 2019;
II – Decree No. 9.846, of June 25, 2019;
III – Articles 1, 12, 13, 14, 15, 16, 17 and 21 of Decree No. 9.847, of June 25, 2019
IV – items I, II, VI and VII of § 3 of art. 2, as well as §§ 1 and 2 of art. 7 of Annex I – Regulation of Controlled Products, approved by Decree No. 10.030, of September 30, 2019.
Art. 33. This Decree comes into force on the date of its publication.
Brasilia, XXX, of XXXXX, 2023; 202nd of Independence and 135th of the Republic.
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