THE possession of weapons é allowed for the common citizen in Brazil, but it is necessary to follow some rules for the sale and registration of weapons. On the other hand, the carrying weapons is restricted to public security professionals, members of the Armed Forces, police and private security agents.
But what is the difference between owning and carrying guns?
THE possession of weapons is the registration and authorization to buy and have firearms and ammunition at home or at work, provided that the owner of the object is legally responsible for the establishment, which NOT authorizes the citizen to carry/carry the weapon. To obtain ownership, you must be at least 25 years old, legally occupied (work) and reside permanently. In addition, it is necessary to undergo an evaluation to prove the technical and psychological capacity to handle the weapon.
O carry weapons it is the authorization for the individual to carry a weapon outside their home or workplace. At Law No. 10,826, of December 22, 2003, the possession was allowed to public security agents, members of the Armed Forces, police and private security agents. The use of weapons was made more flexible by
Decree signed by President Jair Bolsonaro in May 2019, including to the group of authorized persons the following individuals:- Collector or hunter with a Firearm Registration Certificate issued by the Army Command;
- Lawyers;
- Justice Officers;
- Journalists who work in police coverage;
- transit agents;
- Politicians (during the term);
- Residents of rural areas;
- Business and self-employed drivers (cargo transportation);
- Guardianship Counselor;
- Employees of private security and cash transport companies;
- Owner of a shooting school, of an establishment that sells weapons and ammunition;
- Public agents of the Brazilian Intelligence Agency (Abin), penitentiary administration and socio-educational measures.
The possession can be revoked if the bearer of the weapon is in a state of intoxication, drugged or presents a condition that alters the motor or mental capacity, such as the use of some medications.
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Possession and possession of weapons in Brazil
Brazil has the Disarmament Statute (Law 10.826/2003), legislation that determines the rules for obtaining firearms and ammunition, in addition to defining situations in which there is a crime for the acquisition or use of weapons. The main objective of the Disarmament Statute is the decrease in the number of crimes involving the use of firearms, establishing inspection parameters for the possession and possession of weapons.
The Disarmament Statute was approved in 2003 and, in 2005, the Brazilian population was consulted about the prohibition of trade in firearms and ammunition in national territory, through a referendum. Most of the participants voted not to ban the sale, giving the "not" 63% of the "Yes". As a result, it continued to be possible to acquire weapons, but with restrictions established by law.
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The existence of legislation such as the Disarmament Statute is resisted by part of the population, what is your speech about the need for defense and freedom in having a weapon supported by a portion of politicians. In January 2019, the effects of law 10.826/2003 began to be relaxed, since the president Jair Bolsonaro signed a decreefacilitating the registration, ownership and sale of firearms in Brazil.
Changes established by the decree
Extension of the registration period from 5 to 10 years;
A paragraph has been included in the law that allows for up to four firearms per citizen;
Expansion of cases where it is allowed to have a weapon.
Before the decree, the citizen interested in the possession of a weapon had to present a justification to the Federal Police explaining the actual need. As the law did not specify the cases in which the possession of a weapon was granted, this decision was up to the evaluating agent. This assessment was a controversial point, as ownership could or could not be granted depending on who would make the assessment.
The current decree provides a description of the cases that fall under the "effective need". Are they:
Living in a city or state with a homicide rate above 10 for every 100,000 inhabitants;
Living in the countryside;
Have a commercial or industrial establishment;
Be military;
Being a public agent in the area of public security, penitentiary administration, socio-educational system, Brazilian Intelligence Agency (Abin) and in the Army;
Be a registered marksman, hunter or collector in the Army.
See too: Violence in Brazil
Even with compliance with some requirements established by law, not every weapon can be acquired by the person who obtains possession, such as machine guns and rifles, which are unauthorized weapons.
Attacks in public places, such as schools, have worried society in relation to gun ownership.
Who can apply for possession of a weapon?
The person who wants to apply for the possession of a weapon has to meet some requirements described in the article 12 of law 10826/2003 for the acquisition of the Firearm Registration Certificate, request that is made at the Federal Police. Check it out below:
It is necessary to demonstrate the effective need to have a weapon (as described above);
You must be at least 25 years old;
It is necessary to present an original and a copy (or only a certified copy) of the personal identification document in the application;
The person must prove the inexistence of a police investigation or criminal proceeding, through the criminal record certificates of the Federal, State, Military and Electoral Courts. The proof is made at the time of application for possession and also periodically.
You must prove legal occupation (work) and permanent residence through documentation;
The person must prove technical aptitude to handle the firearm (from the proper course);
The applicant will have to prove psychological aptitude, which must be attested in a report provided by a psychologist from the Federal Police or an accredited psychologist;
If the person lives in a place with a child, teenager or person with intellectual disabilities, the requirement is that there is a safe or secure place to store the firearm.
Read too: What are Human Rights?
Deaths by firearm
The premise of the Disarmament Statute is related to the high rate of firearm-related deaths. THE Global Firearms Mortality Survey (Global Mortality from firearms) showed that, in Brazil, 43,200 deaths 2016 were due to gunshots (homicide, accidents and suicides), which put the country in first in the world ranking.
Brazil is the country with the highest number of firearm-related deaths in the world – data from the Global Firearms Mortality Survey
THE Global Mortality from firearms evaluated 195 countries and compared rates from 1990 to 2016. The study recorded that Brazil, the United States, Mexico, Colombia, Venezuela and Guatemala together hold half of firearm deaths worldwide — more than 125,000 of the panorama's approximately 251,000 total worldwide.
Map shows countries that account for 50.5% of firearm-related deaths in the world. (Credit: Global Mortality Survey from firearms/reproduction)
One given away draws attention in the study on deaths from the use of firearms: Brazil appears in first place and does not have a firearm released for the population, while the United States — with a licensed permit — is in second place (more than 37,000 deaths).
Each country has its own legislation regarding the possession and carrying of weapons, as well as the sociocultural characteristics of each territory that can influence death rates. The data collected by Global Mortality from firearms allow you to draw a profile of deaths of different types, such as attacks in schools and places with clusters of people; homicides (wrongful or intentional); gun-handling accidents and even suicides.
Countries that allow the carrying of weapons
The carrying of weapons by civilians is banned in most countries. In a few, it is allowed in special situations, such as a proven threat to life and higher risk professions (lawyers, judges, public prosecutors, politicians and ministers). Examples of these countries are Argentina, Philippines, Turkey, Sweden, Bosnia and Herzegovina, Slovenia, Serbia, Germany, Spain and Italy. In Russia and Canada, the possession of weapons can be granted for hunting and for residents of regions at risk of attack by wild animals.
You United States is the greatest example of a country that permits the carrying of weapons, as it is a right protected by the Second Amendment to the Constitution and by most state constitutions. States have autonomy to regulate the carrying of weapons and how they are transported, that is, whether the weapon can be exposed (open transport) or not (hidden transport). However, in recent years, some states have restricted the right to carry guns after attacks on schools, universities, supermarkets and concerts.
By Lorraine Vilela
Journalist
