Tuesday , April 20 2021

House may vote next week on gun possession and possession bill | policy



The bill amending the rules for possession and possession of guns can be voted on by the House of Representatives next week. The proposal is included in the plenary session to be debated and reconciled at the session scheduled for Tuesday (20).

Last Wednesday, the rapporteur for the text, Alexandre Leite (DEM-SP), delivered an opinion on the subject, hours after Parliament approved an urgent request (which allows voting directly in plenary without a vote in commission).

House decides to hurry to rush toward gun possession and possession bill

House decides to hurry to rush toward gun possession and possession bill

In the report, Leite proposed changes to the text sent by the federal government, including:

  • withdrawal of the section containing provisions for the allocation of posts to occupational categories by regulation (without change of law);
  • the inclusion of rules for hunters, shooters and collectors contained in a Senate bill.

The right to carry is the permission to carry weapons away from home. It differs from possession which only allows holding the gun indoors.

The proposal discussed in the House was sent by the government in June following the repeal of two decrees facilitating the possession of firearms, issued by President Jair Bolsonaro.

Also on the agenda is an urgent request for another arms shipment. If approved, the proposal may have merit (content) reviewed directly in plenary.

This bill, coming from the Senate, is specifically about gun ownership of rural real estate.

The text makes clear in the law that in rural areas it is permissible to possess a firearm to the full extent of the property, not just within the dwelling.

The rapporteur for the project that facilitates the purchase and use of firearms presents text

The rapporteur for the project that facilitates the purchase and use of firearms presents text

Learn what are the main points of the opinion of the rapporteur Alexandre Leite:

  • Arms purchase – Allowed for persons over 21 years of age and current ID, CPF, proof of address, proof of legal and paid occupation, certificate of technical ability, psychological report to handle firearms, evidence that there is no conviction for the commission of intentional crimes against life, against physical integrity of third parties or abominable.
  • Property – Allows possession of weapons anywhere on the property as well as workplaces.
  • Categories – Includes in the list of categories that can obtain firearm possession: members of the socio-educational system; members of careers of criminal experts from the states and the federal district; security people whose professional activity is carried out with a firearm.
  • Gun size – Applicant must be 25 years old and current ID, CPF, proof of address, proof of legal and paid occupation, certificate of technical ability, psychological report for firearms handling. You also have to prove that you have no conviction for committing intentional crimes against life, third party physical integrity, abhorrent or the like.
  • Proof of effective need – The text reinstates the wording of the Disarmament Statute to make it clear that obtaining a permit requires "demonstrating its effective needs". The government proposal removed this passage from the law. The rapporteur's text adds, in addition to the wording of the current law, a definition of what is "effective necessity": the pursuit of professional activity in the transport of money and cash, the transport of weapons, ammunition and explosives, or the fight against organized crime. (valid for 10 years for postage).
  • Companies – List of public security companies that can purchase firearms of limited use without the need for Army Command: Federal Police, Federal Highway Police, Institutional Security Office, National Penitentiary Department, National Public Security Force, Legislative Police, House and Senate, Civil and Military Police in the federal district.
  • Weapon regulation without registration – Allows regulation for those who have firearms without registration. Interested parties must provide personal identification and proof of permanent residence as well as proof of purchase or proof that the firearm is the legal origin of the firearm.
  • CACs – The Disarmament Statute contains a specific set of rules for hunters, shooters and collectors (CACs). The Army is responsible for authorizing, controlling and overseeing the activities of gathering, sports shooting and hunting. Clubs, federations, sports leagues related to hunting and shooting must register their instructors and army activities.

The government presents to Parliament a new project on the possession and use of weapons

The government presents to Parliament a new project on the possession and use of weapons

Learn what the government sent text predicted:

  • established the expansion of gun ownership throughout the property (urban and rural);
  • provided for the possession of weapons for hunters and collectors who are registered in the Army’s command and given room for other professional categories to also gain possession through a presidential decree, for example, without legislative amendments;
  • decided that in order to gain possession, the person "must demonstrate that he / she is engaged in a risky professional activity or that there is a threat to his or her physical integrity";
  • it released categories of public safety from the need for Army command approval of firearms, such as the PF, PRF, Depen, National Force members, and law enforcement.


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