Bolsonarists organize vote on project for states to legislate on weapons – 12/06/2023 – Panel

Bolsonaro supporters plan to vote next week in the Public Security Committee of the Chamber of Deputies on a complementary bill that would give states authorization to legislate on topics related to firearms.

The text, authored by Bolsonaro congresswoman Caroline de Toni (PL-SC), is reported by an ally of the parliamentarian, fellow Bolsonaro supporter Junio ​​Amaral (PL-MG). The project was discussed in the collegiate at the meeting on November 21, but there was a request for a review from deputy Pastor Henrique Vieira (PSOL-RJ). The expectation is that it will return to the agenda next week.

Caroline de Toni argues that an article in the Constitution would allow states to legislate on the topic. She cites a provision that states that the Union is exclusively responsible for legislating on “civil, commercial, criminal, procedural, electoral, agrarian, maritime, aeronautical, space and labor law”. The sole paragraph of this item states that “complementary law may authorize States to legislate on specific issues relating to the matters listed in this article.”

In justification, the deputy says that, in the 2023 scenario, “in which the new federal government has been imposing strong limitations on this segment of firearms, signaling with other series of restrictions to be implemented, all initiatives to avoid this regulatory setback are welcome, as long as they are promoted peacefully and legally.”

“One line of action to achieve these purposes of preventing setbacks resulting from legislative changes with regard to ‘firearms’ would be to try to obtain in the National Congress a minimum consensus required for this purpose, so that a Complementary Law can be approved, authorizing states to legislate residually on topics related to firearms.”

The rapporteur, who voted in favor of the project, made wording changes. The proposal authorizes states and the Federal District to deal with the possession and carrying of firearms for the purposes of personal defense, sports and control of invasive exotic species. The text stipulates some requirements, such as a declaration of a cultural and traditionalist component in the use of firearms and proof of centralized capacity to monitor those who possess firearms and their accessories.

The project also says that authorizations granted by the state “may not imply access to weapons and ammunition that have been considered prohibited by federal legislation.”

According to experts, the project would be unconstitutional. They cite a previous article of the Constitution, which states that it is the Union’s competence to “authorize and supervise the production and trade of war material.”

In a note, the Sou da Paz Institute criticizes the initiative and says that the text “seeks to replicate the United States model in Brazil by proposing that each state legislate on the release and carrying of weapons.”

“Giving the states the power to legislate on weapons is clearly unconstitutional. The Federal Supreme Court has even invalidated state laws that dealt with the expansion of gun ownership in Acre and Amazonas, since it is up to the Union to legislate on the subject. It deals with another desperate maneuver by the bullet bench to show some service to its public”, evaluates Carolina Ricardo.

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