President Luiz Inácio Lula da Silva sanctioned the Disarmament Act (No. 10,826) on 22 December 2003. The new law restricts the carrying, ownership and sale of firearms.
The main elements of the Act are as follows:
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International arms trafficking is considered a crime under penal law. Offenders are liable to jail sentences ranging from 4 to 16 years.
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Commercialisation of firearms is prohibited. Firearms may only be sold to armed forces personnel, police organizations, municipal guards, the Brazilian Intelligence Agency, prison guards, coast-guards, private security firms, and firms engaged in transporting valuables and authorized sports entities.
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Further restrictions are imposed on the private ownership of firearms. Applicants for a gun permit are required to prove that the gun is necessary for their profession or for personal protection against a credible threat. Applicants must not be under police investigation or answering criminal proceedings. They are also required to provide proof of residence and of employment; be able to handle guns; and hold a certificate issued by the federal and state courts and by the military and electoral authorities to the effect that they do not have a criminal record.
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Firearm permits will be issued by the Federal Police (state-level public security authorities may also deliver permits under certain conditions).
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The minimum age for purchasing firearms is raised from 21 to 25 years.
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Carrying a firearm without a permit and/or firing a gun at random in a public place is considered a criminal offence, without right to bail and subject to a two- to four-year prison term.
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A gun permit will be permanently cancelled if the person to whom it was issued is found to be carrying a gun while under the influence of alcohol or while suffering from the effects of hallucinogenic drugs.
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Current gun permits will expire 90 days after the new law has been published (renewal will depend on the fulfillment of the new requirements.
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Persons in possession of an unregistered gun may hand it to the Federal Police within 180 days of the publication of the law. A receipt will be issued and reimbursement paid to the gun owner.
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Decommissioned guns will be entered in a register and, after forensic examination, destroyed by the Army. Re-use of decommissioned guns or their conversion to any other use is prohibited.
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Fines ranging from R$100,000 to R$300,000 will be levied on firms which undertake, promote, facilitate or allow the transportation of firearms or ammunition without proper authorisation. The advertising of the manufacturing or sale of firearms, outside specialised technical publications, will be penalised with fines.
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A referendum will be held in October 2005 to decide whether the sale of weapons and ammunition should be banned.