Daniel Russo Advogados

Acquisition of Firearms in Brazil
Part 3

Aquisição de Arma de Fogo no Brasil

The acquisition of firearm is legal and relatively simple, bureaucratic but simple. However, carrying a firearm is, as a general rule, prohibited throughout the national territory, except for cases provided for in specific legislation and for members of the Armed Forces, federal police, federal highway police, civil police, military police and military firefighters and other entities contained in art. 144 of the Constitution of the Federative Republic of Brazil.


It is important to highlight that item IX of article 6 of Law 10.826/2003 which authorizes the carrying of firearms for members of legally constituted sports entities, whose sports activities require the use of firearms, pursuant to the regulation of this Law, observing if applicable, the environmental legislation. However, so far, the regulation desired by the legislator has not occurred.


The possession of a weapon granted by the Federal Police is authorization and is subject to proof of the requirement referred to in item III of art. 4th, that is, declaring effective need and proving suitability by presenting clearance certificates of criminal background and not responding to criminal proceedings. It must also prove legal occupation and correct residence.


Previously, the candidate for authorization to carry a firearm must prove technical capacity and psychological aptitude for handling a firearm, attested in the manner provided for in the regulation of Law 10.826/2003.


Collectors, sport shooters and hunters are authorized to carry transit permits granted by the Brazilian Army and must comply with the same requirements demanded by the Federal Police.


The transit postage is provided for in art. 24 of the aforementioned law. The Army Command is responsible for authorizing and supervising the production, export, import, customs clearance and trade of firearms and other controlled products, including the registration and transit of firearms by collectors, shooters and hunters.


Law 10.826/2006 brings some exceptions in which it authorizes the carrying of firearms, as provided in its art.10, the authorization for the carrying of firearms for permitted use, throughout the national territory, is the responsibility of the Federal Police and it will only be granted after authorization from SINARM to those who demonstrate their effective need to engage in a professional activity that poses a risk or threat to their physical integrity.


Federal possession is a full authorization, but it brings some restriction that prohibits the person authorized to carry their weapon at events with crowds of people, football stadiums, bars, etc.


The transit permit authorizes collectors, shooters and hunters to carry a loaded, loaded and loaded firearm, belonging to their collection registered with SIGMA, on the way between the authorized guard location and those for training, instruction, competition, maintenance, exhibition, hunting or killing, through presentation of the Firearm Registration Certificate and the valid Traffic Guide, issued by the Army Command. However, it should be noted that the legislation observes that, a route is considered any itinerary made between the authorized custody location and the training, instruction, competition, maintenance, exhibition, hunting or killing, regardless of the time, the right to return to the place where the collection is kept is assured.


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