Citation(s) from the GunPolicy.org literature library

Soares, Eduardo. 2013 ‘Acquisition [and Possession] of a Firearm.’ Firearms-Control Legislation Policy - Brazil; Section V.B, pp. 39-40. Washington DC: Law Library of Congress (USA). 1 February

Relevant contents

Acquisition [and Possession] of a Firearm

To acquire a permitted firearm1 (15) a person must, in addition to stating the actual need for acquiring the firearm, present:(16)

(I) evidence of suitability, through the submission of records that indicate no prior criminal activities provided by Federal, State, Military, and Electoral tribunals and that one has not been subject to police investigation or criminal prosecution, which may be provided by electronic means;

(II) documentary evidence of lawful occupancy and place of residence;

(III) evidence of technical capacity and psychological ability to handle firearms, attested in the manner provided for in the regulations of Law No. 10,826.(17)

After all the established requirements are met by the person interested in acquiring a firearm, SINARM will then issue a non-transferable authorization to purchase a firearm in the name of the applicant and for the weapon indicated in the application.(18) Only ammunition corresponding to the caliber of the registered gun may be acquired, and that in the quantity established in the regulations of the Law.(19) It is mandatory for the company selling the firearms to report the sale to the responsible authority and maintain a database containing all the features of the gun being sold, along with copies of the documents mentioned in article 42 of the Law. (20)

A company that sells firearms, accessories, and ammunition is legally responsible for them, and they must be registered as the company's property until they are sold.(21) The trade of firearms, accessories, and ammunition between individuals is only permitted upon authorization by SINARM.(22) The authorization referred to in article 4(§1) of the Law must be granted or denied, with the supporting reasons, within thirty business days from the date of the applicant's request.(23)

The registration certificate of a firearm, which is valid throughout the national territory, authorizes its owner to keep the firearm exclusively inside his residence or domicile, or at his workplace, as long as he is the owner of or legally responsible for the establishment or company.(24) The firearms registration certificate must be issued by the Federal Police and preceded by an authorization issued by SINARM.(25) A firearm registration certificate must be renewed every three years, renewal being contingent upon satisfying the requirements enumerated in sections I, II and III of article 4 of the Law.(26)

[SINARM = Sistema Nacional de Armas/National Arms System]

Sources:

15) Article 10 of Decree No. 5,123 of July 1, 2004, defines a permitted firearm as one whose use is authorized for individuals as well as corporations, in accordance with the norms of the Army Command and the conditions established in Law No. 10,826 of December 22, 2003. Decreto No. 5.123 de 1 de julho de 2004, art. 10, https://www.planalto.gov.br/ccivil_03/_Ato2004-2006/2004/Decreto/D5123.htm

16) Lei No. 10.826, de 22 de dezembro de 2003, art. 4, http://www.planalto.gov.br/ccivil_03/Leis/2003/L10.826compilado.htm

17) For more information on evidence of technical capacity and psychological ability for handling firearms, see article 12(§3) of Decree No. 5,123 of July 1, 2004, https://www.planalto.gov.br/ccivil_03/_Ato2004-2006/ 2004/Decreto/D5123.htm

18) Lei No. 10,826, art. 4(§1)

19) Id. art. 4(§2). Article 21(§2) of Decree No. 5,123 of July 1, 2004, determines that the amount of ammunition and number of accessories that every owner of a firearm may purchase will be determined through an administrative act (Portaria) issued by the Ministry of Defense, after consultation with the Ministry of Justice.

Administrative Act No. 1,811 issued by the Ministry of Defense on December 18, 2006, establishes the maximum annual quantity of permitted ammunition of the same caliber that a citizen can acquire in specialty stores to keep and stock as fifty units. Portaria Normativa No. 1.811, de 18 de dezembro de 2006, art. 1,
https://www. defesa.gov.br/sistemas/bdlegis/dados_norma.php?numero=1811&ano=2006&serie=A

20) Lei No. 10,826, art. 4(§3)

21) Id. art. 4(§4)

22) Id. art. 4(§5)

23) Id. art. 4(§6)

24) Id. art. 5

25) Id. art. 5(§1)

26) Id. art. 5(§2)

ID: Q11516

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