Firearms ownership and acquisition: Do you know how it works?

In recent years much has been said about the acquisition of firearms, about the possession and carrying of weapons in Brazil, and how these activities have undergone changes in the Bolsonaro government. But do you know how the acquisition of firearms in Brazil actually works?

First of all, we need to understand the difference between possession and possession, so we can begin to understand how the processes work.

The carrying of weapons is restricted to public security professionals, members of the Armed Forces, police and private security agents. The justification for any individual, who does not fit into the previous activities, can obtain the possession of weapons is the proof that without a firearm, the safety of this individual is so impaired that only with the presence of a public security agent 24 hours by his side this absence would be supplied. The possession once granted, can be revoked if the bearer of the weapon is in a state of intoxication, under the effect of drugs or presenting conditions that alter their motor or psychic capacity.

The possession of weapons is allowed for the common citizen and well, in Brazil, as long as some rules are followed for its marketing, maintenance and registration. Possession is the registration and authorization to obtain and purchase firearms and ammunition, to keep them in your home or workplace or for collectors, hunters and sport shooters. Remembering that possession does not authorize the owner to carry and walk with the weapon, only authorizes its possession for specific purposes.

For the possession of weapons, along with the acquisition of firearms, there are two firearms control systems, according to Decree No. 9,807 of June 25, 2019.

These systems divide the individuals qualified for the acquisition of firearms, that is, for the possession of firearms in two large groups: the CR (obtained by the CACs) and the Sinarm.

It is important to mention that for both systems it is necessary to prove the following items:

The real need to have a gun;

Proof of being at least 25 years old;

Good background, through negative certifications in military, state and federal courts;

Psychological aptitude through the performance of psychological testing done by a psychologist of the Federal Police or accredited;

Proof of lawful occupation of work and fixed residence;

Proof of technical aptitude for handling the firearm, from own courses (shooting report);

Among other documents.

CR (ACC):

The CR will be acquired by the CACs, from the acronym: “hunters, sport shooters and Collectors”, through the military weapons Management System, or Sigma, which was instituted under the command of the army of the Ministry of Defense. That is, the CR is commanded by the Brazilian Army, and the entire process of acquiring the CR will be decided by the Army.

The CR has some specifications, for example, your gun must always be stored inside a safe in your home and to be a CAC you will need, among others, a signed statement alleging the existence of this safe, for the safety of the individual and his family. With the CR the individual will be able to use his firearm for hunting, collection or for sport in shooting stands regulated by the Army, and necessarily be affiliated with a shooting club, and participate in periodic training during the year. The CR must be renewed every 10 years.

As a rule, a weapon acquired by a CAC cannot be used for the defense of its residence or its place of work, the only hypothesis in which a weapon of a CAC can be used is for the purposes for which it is intended or for the protection of the individual’s Military Collection, any other use is a crime.

SINARM:

SINARM (Sistema Nacional de Armas), on the other hand, is commanded by the Federal Police, and serves only to protect the individual’s home or work environment, that is, with a weapon registered in SINARM, the individual cannot transport his weapon, not even to shooting clubs, since the weapon serves only to guarantee the safety of his home or work environment. An exception to this restriction is the fact that an individual who has a weapon registered with SINARM may use it for training up to 1 (once) per month, and for this purpose they must obtain a specific traffic guide from the Federal Police.

For Sinarm it is not necessary to be a member of any shooting club, however, if the individual wants to own weapons of different calibers for registration in Sinarm, it will be necessary to present reports of technical aptitude for each caliber of each weapon.

The Sinarm is the registry that allows the request for possession, however, as mentioned above, the possession of firearms is restricted to public security professionals, members of the Armed Forces, police and private security agents, as well as those who prove that without a firearm, their safety would be so impaired that only with the presence of a public security agent 24h by their side this absence would be supplied.

It is important to mention that although there have been changes in the Bolsonaro government that may have “facilitated” the acquisition of firearms, this practice is still not something simple and not all citizens will be able to obtain firearms. It is still a complex practice and must be analyzed on a case-by-case basis for the authorization or not of the acquisition.

Giovanna Luz Carlos-lawyer, graduated in law, from Centro Universitário Padre Anchieta (2019), enrolled in the Brazilian Bar Association, São Paulo Section (OAB/SP) (2020). Postgraduate in Civil Procedure at Faculdade Damásio De Jesus. Head of the Litigation Department of TM Associados.