Amazonas State Assembly approves law that allows carrying of handguns for CACs

The project had only one vote against (Reproduction)

March 10, 2022

08:03

Malu Dacio – Cenarium Magazine

MANAUS – The Amazonas Legislative Assembly (Aleam) approved during the ordinary session of Wednesday, 9, the Bill No. 44/2022 that allows the carrying of firearms with ammunition to Hunters, Sport Shooters and Gun Collectors (CACs). Of the 24 lawmakers, only Rep. Serafim Correa (PSB) voted against.

The approval was received with applause by the public present in the gallery of the Legislative House, which can be seen in the transmission of the session.

The bill recognizes the risk of the activity and the effective need to carry firearms to the members of legally constituted sports entities in accordance with item IX of Article 6 of Federal Law No. 10.826/2003.

Authored by lawmaker Péricles, with the approval of the Executive Power, within 90 days, it will regulate this law and establish the criteria for its implementation and compliance.

Péricles said there are many misinterpretations about the project. “The CAC, to be a shooter, a collector, he needs first of all to fulfill legal requirements that the federal law establishes. Including psychological aptitude, training, often being more qualified even than the state itself”, said the lawmaker.

“There are women, elderly people, and children practicing shooting sports. What I advocate is that society should have the right of defense, that it should be able to go to a shooting stand, in a healthy way, and not leave firearms only in the hands of criminals”, he continued.

Opponent is booed

The only lawmaker to vote against the project, Serafim Correa (PSB) was strongly booed by the public present in the gallery when he said he was against arming the population. “Who has to have weapons is the State, is the police. I respect all manifestations to the contrary. I am a democrat, I know how to participate in the debate and listen to the contradictory. But my position is that arming the population will not solve the problem”, he said.

The lawmaker recalled the tragic assassination of Rio councilwoman Marielle Franco. “I would never, ever, facilitate access to weapons. That gun ends up falling into the hand of militiamen. The gun that killed Marielle Franco came from this fragility with which the issue of weapons in Brazil is dealt with today”, warned Serafim.

About the project

In the text that foresees the PL, there is the defense that Federal Law n. 10.826 of 2003, which instituted the Disarmament Statute, in its article 6th, item IX, grants the gun possession “to members of legally constituted sports entities”, according to the regulation of that law.

The justification defends that in this sense, Decree # 5,123, 2004, which regulates the Disarmament Statute, states in its article 32 that “the transit permit for firearms of collectors and hunters will be issued by the Army Command” and adds, in the sole paragraph of the same provision, that “collectors and hunters will carry their weapons without any ammunition”, but is silent as to sport shooters.

“Thus, if collectors and hunters must carry their weapons unloaded, using the contrary interpretation sensu, sport shooters are not obliged to do the same, applying to the case the art. 5, clause II, of the Federal Constitution, i.e., “no one will be obliged to do or not to do something, except by force of law”, says the approved project.

Federal imbroglio

In the Senate, the Constitution and Justice Committee (CCJ) granted on Wednesday, 9, for the third time, access to the bill that alters the Disarmament Statute and makes more flexible the access to firearms by hunters, collectors and shooters – the so-called Cacs.

The bill also increases from five to ten years the validity of the short firearm carry document for sport shooters and reduces from five to one year the period that the sport shooter must wait, from the first issuance of the Registration Certificate, before being authorized to carry a firearm.

See the bill in its entirety:

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