STF decision on weapons harms sport shooting, says expert

The annulment made by the Federal Supreme Court (STF) of the decrees of former President Jair Bolsonaro (PL), which expanded access to weapons, may have a direct impact on the practice of sport shooting in the country. In the understanding of the ministers of the Supreme Court, the acquisition of weapons restricted to use by the Armed Forces by civilians is unconstitutional. For specialists in the subject, the sport can be affected by using the mentioned weaponry.

In addition to this annulment, the Supreme Court considered unconstitutional the decrees dealing with:

• The presumption of truth about circumstances and facts declared for the purpose of acquiring a firearm;
• The expansion of the amount of weapons that can be acquired;
• Private acquisition of caliber weapons for restricted use by the Armed Forces;
• The increase to ten years of the period of validity for carrying weapons; It is
• The importation, by merchants and individuals, of foreign arms.

The actions targeted Decrees 9,785/2019, 9,685/2019, 10,627/2021, 10,628/2021, 10,629, 2021, 10,630/2021 and Interministerial Ordinance 1,634/2020.

According to writer Bene Barbosa, author of the book “Lied to Me About Disarmament”, the court’s decision brings legal uncertainty to the use of weapons.

“It is quite absurd. If you take the changes that other governments made, as in the Dilma government, in the Temer government, they were always via decree, via the Executive. They never suffered interference from the Judiciary precisely because it was an Executive prerogative. The first big problem was this invasion. Worst of all is having a scenario where there is no definition of what is valid and what is not. This opens up a sea of ​​interpretations”, says Barbosa.

He adds that the biggest impact of the decision fell on sport shooting practitioners, an audience that uses restricted calibers.

“The biggest impact, especially in sport shooting, was the decision that restricted calibers are only, and only, for public safety or national defense interests. In practice, it excludes sport shooters. Today you have some sports, such as precision shooting, for example, which practically use what is considered a restricted caliber. This will bring a serious problem to these categories”, says the writer.

Barbosa also mentions that there is a possibility that other calibers will be restricted again, such as the 9mm, .40, .45 and .357 Magnum, which were released to civilians before the government of Jair Bolsonaro (PL).

“If they decide to return these calibers to the restricted range, in practice, they disappear for civil use and for sport shooting. Example: the IPSC (International Practical Shooting Confederation), which is practical shooting, always uses calibers that today are considered restricted, but which in the past were not restricted”.

For the expert, the decision is laden with ideology. He recalls that the drop in homicides recorded last year occurred at a time of greater circulation of weapons in the country. According to data from the Brazilian Public Security Forum, the country recorded 40,800 homicides in the country. The number is the lowest in the historical series recorded by the institution, which has been collecting data since 2007.

“This is not a technical question, but an ideological one, since in the last four years, even with thousands more guns being sold, the fact is that homicides have dropped. And they fell to the levels of the 90s. That old mantra “more guns, more crimes” turned out to be untrue”, he points out.

For federal deputy Marcos Pollon (PL-MS), founder of the Pro-Weapons movement, the STF decision also affects the arms industry in the country.

“These are political decisions, since Data SUS numbers indicate that crime decreased during this period. So there was no increase in the number of homicides, but a reduction. This shows that it is a political decision, with a disarmamentist ideological bias, with progressive contamination. This sacrifices an entire segment that generates jobs, income and is responsible for Brazil’s first gold medal”, said the congressman.

Government has not yet sanctioned a new gun decree

In addition to the STF decision, the government of President Luiz Inácio Lula da Silva (PT) is preparing a new decree to make access to weapons more difficult for civilians. Minister Flávio Dino, of Justice and Public Security, gave clues about what is to come, but the regulation has not yet been sanctioned by Lula – which could bring uncertainty about the situation of sport shooters.

The text should create a buy-back program to acquire weapons from CACs (hunters, shooters and collectors), restrict the use of rifles and establish that shooting clubs stay away from schools.

The proposal must also establish authorization for the acquisition of a restricted use weapon only for level 3 shooters, the highest, who must prove six participations in competitions, two of which at national or international levels.

The president of the Parliamentary Front for Public Security, known as the Bancada da Bullet, deputy Alberto Fraga (PL-DF), says he is in dialogue with the government to avoid confiscation of weapons.

“What we negotiated with the Ministry of Justice was that they would release all the weapons that were bought and sold until December 31st. Another point that was agreed upon is that there would be no confiscation of weapons and whoever bought it, bought it; and from now on follow the current rules”, said the deputy.

He adds: “The only thing we are calling for is not to make 9mm and .40, .45 and .357 Magnum calibers restricted. If that happens, for example, with the caliber of 9 millimeters, the market ends. As far as I know, despite the disarmamentists ignoring this, the Referendum (on Disarmament) does not end the trade in firearms. The referendum allows you to buy a gun as long as you meet the requirements.”

Fraga also advocates government regulation for collectors, sport shooters and hunters (CACs). On the other hand, the parliamentarian understands that the category needs to be able to carry loaded weapons during the journey to the training or hunting location.

“CACs need to be disciplined. They need to have specific standards. I defend that the CACs, who can buy rifles, have the license to go from their house to the training place, with a loaded gun. It makes no sense that the government wants the shooter, with a rifle or pistol, to move around without a loaded weapon. If the criminal finds out about this, he’ll take his gun. Go rob. We have to have the common sense to allow this CAC to have, when it is going to transport its collection, at least one weapon equipped to defend its collection. I think it’s a fair measure.”, points out the congressman.