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The measure facilitates possession, but does not modify the rules of property; decree was signed last week by President Jair Bolsonaro
LEO DAUBERMANN
Policy Editor
Decree 9.685 / 2019, which eases the possession of firearms, signed by President Jair Bolsonaro (PSL) Tuesday (15), was the subject of the agenda of the week yesterday at Radio Folha FM 100.3. In the opinion of Lawyer Getúlio Cruz Filho, little has really changed and, in fact, the new text deals with the regulation of the 2005 referendum.
"In the 2005 referendum, the Brazilians [63,94%] declared themselves in favor .. The continued trade in firearms and ammunition in the country has not been implemented effectively for ideological reasons from the governments that followed from 2005 to here And now, the decree signed by Bolsonaro is the embodiment of what was countersigned, "said the lawyer.
While the new text facilitates the possession and purchase of weapons that people can keep at home, the law still forbids it.
"Citizens who deem it necessary to possess a firearm to defend their residence, commercial or industrial establishment or rural property from now on may acquire their weapons, but the possession of a weapon is still prohibited."
According to the lawyer, the decree does not create obligations, it creates rights, that is to say that it is optional.The citizen chooses where he wants or not having guns at home.
"He will buy weapons that meet the required criteria and that he wishes, not because the equipment is not cheap. Between the training tariff and the acquisition of the weapon, the citizen has to spend an average of R $ 4,000 to 5,000.
According to the lawyer, the decree establishes more objective standards allowing a person to prove the necessity of owning a weapon and extends the "
" What has really changed is the question of elimination of the subjectivity of control bodies to determine who must acquire a firearm. For example, a villager had to convince the federal police of the special need to buy a firearm. Only living in an isolated area without security was not a plausible justification. After the decree, he can do so without having to submit new arguments. "
From now on, a self-declaration of the necessity of a weapon will suffice to grant the right of possession.
" The need to be at least 25 years of age, not to respond to criminal proceedings, to be investigated, to have no criminal record, "
The new decree has not changed the number of arms to which the citizen has
"This was not changed by the decree, it is still the rule of 2003 that provides for 50 ammunition per person. So if you have four weapons, you will have to divide the 50 ammunition among the four weapons, except in specific cases, such as hunters and sportsmen. In this case, the authorization is not granted by the federal police, but by the armed forces, "he says.
The decree, however, extended the validity of the register of weapons of five to ten years.] "The registration had to be renewed every five years and the decree doubled this period, which is very positive because of the great value of the acquisition of a weapon and the payment of fees. . And the citizen who already had a weapon at home and whose file had expired had to legalize the situation and create a new record, "said the lawyer.
It is important to point out, according to L & # 39; lawyer, that those who are interested in acquiring firearms and people who have children, adolescents or mentally handicapped people at home are required to declare that the residence has a safe place reserved for the
"It is not necessary to be a safe, it can be a similar place. to the chest, like a locked drawer. "
According to the lawyer, it takes at least a year to know whether the decree rendering the possession of firearms flexible was positive or not.
" This is only in a year or two that we will have the actual size of the changes. People are making waves, but you have to stay calm in the badessments. "
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