Experts evaluate Lula’s new weapons decree

The new decree that restricts the population’s rights to acquire weapons, ammunition and to enjoy shooting clubs may be challenged in court for removing the Army’s supervisory powers that are attributed by law, according to analysts and parliamentarians heard by the People’s Gazette.

When he took office in January, one of the first measures taken by President Luiz Inácio Lula da Silva (PT) was to issue a decree that undid the main changes added by the previous government to the sector and made it impossible to grant new registrations for shooters and purchase certain types of weapons that were previously acquired normally. This Friday (21), Lula announced the creation of a new decree, a little more flexible than the initial one, but which has not yet been published.

For the coordinator of Proarmas in Rio de Janeiro, Felipe Nini, the new decree is flagrantly illegal in that it removes inspection powers from the Army and passes them on to the Federal Police. “This is subject to judicial review, since the gun control law explicitly states that this inspection is up to the Brazilian Army. The decree, in theory, cannot change that”, pointed out Nini.

Before the decree, it was up to the Army to grant purchase authorizations and inspect weapons for hunters, sport shooters, and collectors (CACs).

The president of the Commission for Public Security and Combating Organized Crime, federal deputy Sanderson (PL-RS), who is a career federal police officer, pointed out that he is against the transfer of competence over gun control.

“Only Parliament can make legislative changes. First, the executive branch cannot change the law. Second, because the Federal Police does not have enough staff to take on this function, which will certainly bring losses to operations to combat organized crime”, pointed out the deputy.

Another hypothesis is that the government is trying to create an “artificial bottleneck”. This is because the Federal Police may not be able to respond to all gun and shooter licensing requests. This has the potential to prevent, in practice, citizens from exercising their freedom to own weapons.

A People’s Gazette contacted the press office of the Federal Police to seek information on the migration of competencies to the agency. In response, the PF press office only mentioned that it could not meet the demand because the decree had not yet been published.

Bolsonaro’s decrees did not go against the arms law

Former President Jair Bolsonaro also made changes to the rules for buying weapons through decrees, but in general terms, the changes created by him and now revoked by Lula did not overlap with the laws approved by Parliament.

There was a decree by Bolsonaro that tried to extrapolate this competence. He ended up overthrown by the STF.

Edited in 2019, it provided for the removal of the control exercised by the Army Command over projectiles for weapons of up to 12.7 mm, machines and presses for reloading ammunition and different types of sights, such as telescopic sights. This device, however, was suspended by the Federal Supreme Court.

The suspension of the decrees was motivated by actions filed by the PT and PSB parties. At the time, the rapporteur, STF Minister Rosa Weber said that the rules issued by Bolsonaro exceeded the limits of the regulatory power attributed to the President of the Republic and violated public policies for the protection of fundamental rights.

Lula’s arms decree is expensive and bureaucratic, evaluates deputy

Specialists have been cautious when analyzing the information passed on so far by the Planalto Palace about Lula’s arms decree. “It is necessary to wait for the publication of the decree, because we can always have surprises”, warned the writer, public security analyst and specialist in weapons and ammunition, Benedito Barbosa, in a live broadcast on social networks after the ceremony of signing the decree.

However, in an analysis at the end of the video, Bene pointed out that “crime will grow too much”. “The bandits will again feel encouraged and safe to attack the citizen”, completed the expert.

For congresswoman Caroline De Toni (PL-SC), it is very difficult to identify the worst point, among those already published, of Lula’s weapons decree.

“The new decree addresses several axes that have worsened the rules on weapons. In summary, the process will become more expensive and bureaucratic, making life even more difficult for good citizens who want and need to defend themselves. Lula is taking big steps to put an end to freedom and the possibility of exercising self-defence”, evaluated the deputy from Santa Catarina.

Norm of distance from schools can make the operation of shooting clubs unfeasible

Experts classified as critical the measure that provides for the restriction of shooting clubs near schools. According to information already disclosed, the clubs will have to stay at a distance of more than one kilometer from public or private educational establishments.

Shooting clubs that are currently located in this vicinity will have to move within a period of 18 months, starting from the date of publication of the decree. For Bene Barbosa this is a bad measure.

“Establishments such as ‘bocas de fumo’ [pontos de tráfico de drogas] and others are much more harmful and operate near schools these days,” he said. The expert also predicted that most clubs will not survive, due to the difficulty and complexity of meeting the standards that will be imposed.

Restriction of 9mm pistols affects shooters and could strangle sport shooting

The resumption of the distinction between weapons used by security agencies and weapons accessible to ordinary citizens was one of the points that generated a lot of repercussions among arms manufacturers. As of 2019, the 9mm, .40 and .45 pistols have become accessible to ordinary citizens. Now, they are restricted again. These three calibers in question are used only in light weapons.

According to the prosecutor and sports shooter, Luciano Lara, 95% of world production is handgun calibers, such as the 9mm.

“None of this is acceptable because it is an unwarranted setback. The whole world uses it and it’s not because of the risk. It is one of the weakest in existence and precisely because of this it is easier to use, more controllable and more durable”, highlighted Lara.

Lara’s criticism of the rules imposed on pistols is due especially to the fact that, according to him, there were promises by the government that the sport would not be affected.

“To make this caliber restricted is to strangle the sport. There has already been a restriction of almost 90% on the number of weapons and the amount of ammunition that can be purchased. There would already be more than enough cut for the intended restriction. Unjustifiably limiting the caliber is excessive revenge”, evaluated Lara, who is also responsible for the Beaba do Tiro website.

Dino says decree is “weighted and balanced”

In his speech, the Minister of Justice, Flávio Dino, said the published decree will be considered and balanced.

“Today we are ending a tragic, dark chapter in Brazilian life. today sir [Lula] he is signing the decree that definitively puts an end to irresponsible armaments”, stressed Lula’s minister. President Lula highlighted his participation in the disarmament campaign, carried out after the approval of the Disarmament Statute, in 2003. “I participated in a disarmament campaign in that country. We collected thousands and thousands of weapons. […] That is why we will continue fighting for an unarmed country”, highlighted the president.