Army ordinance on weapons resumes issuing licenses

An ordinance from the Brazilian Army Logistics Command (COLOG) published last Tuesday (27) is giving hope of survival to instructors and shooting clubs across Brazil. It regulates the anti-weapons decree of the government of President Luiz Inácio Lula da Silva (PT) and should unlock, from January 10, 2024, the issuance of new Registration Certificates for Hunters, Sports Shooters and Collectors (CACs) and the purchase and sale of weapons, ammunition and accessories.

These processes carried out by the Army for sports shooters had been frozen since January last year, shortly after the publication of the first decree signed by President Lula in his third term (the Federal Police grants authorizations for the purchase and possession of some types of weapons). Lula on that occasion revoked all texts approved by former president Jair Bolsonaro, which reduced bureaucracy for access to firearms by the civilian population. Technically, the decree did not prohibit the issuance of registrations for sports shooters and new weapons, but in practice that was what happened.

The Army, which is responsible for the Military Weapons Management System (Sigma), chose to suspend service for several services, including transfers of weapons between shooters, the acquisition of weapons for restricted use and the issuance of new certificates of registration (CRs) for individuals. The current text that regulates the activity and unlocks the sector has been awaited by shooting clubs since July. July was the month in which the latest government decree (11,615/2023) on the topic was published.

As it is one of the main sources of revenue for clubs, the suspension of CRs for a year meant the dismissal of more than 43 thousand employees and collaborators and the closure of several entities across the country, according to a study by the Brazilian Association of Importation of Weapons and Materials Military (ABIAMB).

For the clubs that managed to survive this troubled period, it is a time of hope with the return of services. Still far from an ideal text, the ordinance makes it possible for the sector to resume, even with a series of restrictions. Romildo Pereira Pires, owner of the Caveira shooting club, in Natal, Rio Grande do Norte, remembers that 2023 was a difficult year for the arms sector, mainly due to the stoppage of Brazilian Army services.

“This ordinance, however limiting it may be, gives us a glimpse of the future, of at least attracting new customers to the sport and giving encouragement to the most pessimistic people who thought our activity would be extinct”, he said.

According to Pires, even in the Northeast of the country, where the culture of sports shooting is weaker, the expectation is that demand for clubs will grow due to repressed demand. “Now we have a breath of fresh air to continue our fight for the sport that we love so much and that is our way of life,” said Pires.

Paulo Aguiar, owner of the Patriotas do Brasil shooting club, in Planaltina de Goiás, remembers that the restrictions imposed by the Lula government forced him to cancel important events throughout the year. “Among these events was a stage of the national championship of Handgun [armas curtas como revólveres e pistolas], which would generate around 100 direct and indirect jobs. With this new ordinance and the resumption of the analysis of the processes, I already feel a flame of hope being lit for 2024. At least we can go back to sleep with a little more peace of mind”, celebrated the businessman from Goiás.

With the new rules published in the ordinance, sales of weapons, ammunition, supplies and accessories should return to normal, with the issuance of authorizations for the purchase of weapons by the Army’s SisGCorp (Corporate Management System). Another new feature is that, starting in January, the Army has a maximum period of 90 days to analyze these authorization requests or evaluate the granting of Registration Certificates for new shooters.

Previously, the entity used the general rule for public processes, which gave a period of 60 renewable days according to the agency’s limitations. In practice, this caused long delays and some people spent more than a year waiting for a decision on their license requests.

What changes in Registration Certificates

The documents known as CRs, which authorize citizens to practice sports shooting and purchase weapons and ammunition, are now valid for 3 years. During the government of former president Jair Bolsonaro (PL), the validity was 10 years.

For shooters who already had CRs before Lula took office, the validity of the document starts from July 21, 2023, the date of the last decree on the sector. For new shooters, the deadline starts from the date of granting the CR starting next year.

The validity of the psychological assessment report has also changed, which is now two years (the previous period was one year). The shooter will also have to confirm his registration data annually online through the SisGCorp system. (See at the end of the text what is needed to obtain a CR under the new ordinance).

Shooting Clubs also need a specific type of CR to function. The new ordinance regulates a new requirement established by the July decree: clubs cannot operate less than one kilometer (in a straight line) from a school or educational institution.

The president of the Brazilian Confederation of Defensive Shooting and Hunting, Sérgio Bittancourt, stated that this is one of the aspects that will cause the most problems for the sector. “The ordinance still needs some specific adjustments, which we will try to change over the next year. One of these absurd points, purely ideological, is the distance between clubs and schools. No technical study has been carried out to justify this measure. If If this is not overturned, more than 80% of the country’s clubs will close”, he explained.

The same opinion is shared by the president of the National Association of the Arms and Ammunition Industry and CEO of Taurus, one of the largest factories in the segment in the world, Salesio Nuhs. “If we are unable to discuss it politically, we will seek it legally. We understand that the Union cannot interfere in the municipalities’ zoning plan”, said the businessman in a statement released by the association for shooting clubs this year. Salesio understands that the issue is defined in the master plan of each municipality.

Throughout the year, more than 350 Brazilian municipalities approved specific laws on the operation of weapons clubs and stores. The decisions were based on an opinion from the Federal Supreme Court, issued in May 2020, which states that municipal councils are responsible for zoning and the operation of commerce.

Ordinance should create difficulties for future revalidation of Registration Certificates

A new bottleneck in issuing licenses should form in two and a half years, when the validity of Registration Certificates issued before the Lula government will expire. According to estimates from industry entities, there are currently around 1.2 million active CRs. All of these documents will expire at the same time on July 21, 2026, possibly overloading the system.

In addition, there are a series of new requirements for the revalidation of CRs for sports shooters based on attendance at training and shooting competitions that will make renewal difficult.

Revalidation will not be authorized for sports shooters who do not prove that they have completed eight training sessions or competitions at a shooting club, in different events, in the twelve months prior to the request, for each caliber of weapon that the shooter possesses.

New shooters can purchase at least four different calibers of weapons (this number increases for those who have been shooters for longer). If a person exercises this right to have four weapons of different calibers, he will have to prove participation in 32 training sessions or competitions over the course of a year. This will make the maintenance of many weapons very expensive and difficult.

Taurus businessman, Salesio Nuhs, also criticized the mandatory number of training sessions per caliber which, according to him, goes against the Lula government’s main speech, which is to take weapons out of circulation. “Then the government itself forces the shooter to leave home with four or five weapons to go to a club on a weekend,” he said in the statement.

The new ordinance also regulated the return of levels among shooting athletes, according to the proven number of participations in training and competitions – the so-called habitualities. A similar rule was valid during the government of former president Dilma Rousseff. The distinction, among other points, determines how many weapons, supplies and ammunition the CAC will be able to acquire during the year. Three levels were created for this.

Level 1 shooters will be able to purchase up to four permitted weapons, such as pistols, revolvers and 22, 380 and 38 caliber rifles and 12 caliber shotguns. They will be able to purchase 4,000 rounds of ammunition per year (8,000 in the case of 22 caliber, which is one of the weakest in sports shooting). Level 2 shooters will have access to up to eight permitted weapons and 10,000 rounds per year (16,000 rounds in the case of 22 caliber).

Level 3 shooters, who have been registered for many years, will be able to have up to 16 weapons, four of which are for restricted use, including rifles. They will be allowed to purchase up to 20,000 rounds of ammunition per year (32,000 in the case of 22 caliber).

How much does it cost and what is the bureaucracy to become a sports shooter?

The Lula government’s rules for licensing sports shooters aim to make the activity increasingly restrictive because of the necessary bureaucracy and high costs involved.

The issuance of a Registration Certificate for CACs is intended for those who really want to practice shooting and not for those who want to have weapons for personal defense. In the past, the CAC category was highly sought after by those who just wanted to have a weapon for defense, because the process was less bureaucratic and arbitrary than the Federal Police system.

Although a referendum held in 2005 refuted the Disarmament Statute in Brazil, Workers’ Party governments have been implementing policies that restrict citizens’ freedom to decide whether or not they want to own firearms, arguing without presenting concrete evidence that weapons would contribute to an increase in violence.

When the disarmament decree was established in January 2023, the issuance of new CAC registrations was suspended. But the Federal Police continued to issue authorizations for the purchase and possession of weapons for personal defense, in specific cases upon proof of need. Weapon permits are only granted in extremely specific cases.

From January 10, 2024, citizens will be able to request new CRs from the Army, but to do so they will have to meet an extensive list of requirements and document presentation. Issuing these vouchers, carrying out exams and mandatory membership in a shooting club must generate high costs. In Brasília, the process should cost approximately R$1,500 (just for issuing the CR, without purchasing weapons). In São Paulo, the process can cost up to R$5,000, according to prices determined by the report.

Check below the requirements required by the new ordinance for issuing a Registration Certificate for Hunters, Sport Shooters and Collectors:

• Personal identification document
• Criminal Record Certificate (Nada Consta), through certificates from the Federal, State (or District), Military and Electoral Courts. (To prove suitability, specific negative certificates must be presented, referring to the interested party’s place of residence in the last five years)
• Proof of lawful occupation
• Proof of fixed residence for the last five years
• Declaration of storage address for the weapons collection
• Collection security declaration
• Psychological aptitude report for handling a firearm
• Proof of technical capacity to handle a firearm
• Proof of membership to a shooting or hunting organization
• Fee payment receipts