Citation(s) from the GunPolicy.org literature library

Puerto Rico. 2000 ‘Carrying and Using Firearms Without a License.’ Puerto Rico Arms Act of 2000; Title 25, Subtitle 1, Part V, Chapter 51A (Sub-chapter 5, Section 458c). San Juan: Puerto Rico. 11 September

Relevant contents

25 L.P.R.A. § 458c (2013)

Section 458c. Carrying and Using Firearms Without a License

Any person who transports any firearm or any part thereof without having a weapons license,1 or carries any firearm without the corresponding permit to carry1 weapons, shall be guilty of a felony and upon conviction shall be punished with a penalty of imprisonment for a fixed term of ten (10) years. Should the person commit any other statutory offense while behaving as described in this subsection, the person shall not have the right to a suspended sentence, parole, or to enjoy the benefits of a diversion program or to benefits or alternatives to imprisonment acknowledged in this jurisdiction, having to serve in calendar years the total amount of the penalty imposed. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of twenty (20) years; should there be extenuating circumstances, it may be reduced to a minimum of five (5) years.

When the firearm is pneumatic, a pistol or an electrical shock device, or is a toy or an imitation of a weapon and is carried or transported with the intention of committing a crime, or is used to commit a crime, the penalty shall be imprisonment for a fixed term of five (5) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of ten (10) years; should there be mitigating circumstances, it may be reduced to a minimum of one (1) year.

It shall be deemed as a mitigating circumstance when the weapon is unloaded and the person does not have ammunition within reach. It shall be furthermore deemed as a mitigating circumstance of the crime established in the first paragraph of this section when there is no proof of intent to commit a crime.

Any situation in which the illegal weapon is used to commit or attempt to commit any crime shall be deemed as an aggravating circumstance. When the weapon is used to commit any of the following crimes: murder in any degree, aggravated kidnapping, rape, sodomy, lascivious acts, mutilation, robbery, carjacking, conduct which constitutes domestic violence as typified in §§ 601 et seq. of Title 8, conduct which constitutes stalking as typified in §§ 4013--4026 of Title 33, or conduct which constitutes child abuse as typified in Act No. 342 of December 16, 1999, as amended, the person shall not be entitled to a suspended sentence or to be released on parole. Nor shall the person be able to enjoy the benefits of any other diversion program or alternative to the prison sentence recognized in this jurisdiction.

Notwithstanding the above, when a person transports any firearm or part thereof without having a weapons license in force, or does not have the license with him/her, but while so behaving does not commit any other statutory offense, and is a person who has never been convicted of any violation of this chapter, Act No. 348 of December 21, 1999, the provisions set forth in §§ 1476--1482 of Title 32, or Act No. 27 of January 10, 2002, or any of the offenses set forth in § 456j of this title, he/she shall incur a misdemeanor and upon conviction shall be punished by imprisonment for a term of not more than six (6) months, a fine of not more than five thousand dollars ($5,000), or both penalties at the discretion of the court. The court, at its discretion, may impose the penalty of rendering community services in lieu of the penalty of imprisonment established herein.

ID: Q11242

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