Announcements -
20/02/25Maria Isabel Lima, Marcela Matheus and Mariana Duek
On December 30, 2024, Decree No. 12.345 was published, introducing significant amendments to Decree No. 11.615/2023 (Firearms Decree), including:
1. SHOOTING CLUBS WITHIN 1 KM OF EDUCATIONAL INSTITUTIONS
Shooting clubs located within 1 km of educational institutions may continue offering firearms training and sport shooting practice at designated hours (Article 38, §3, items I and II):
This provision addresses a legal gap left by the Firearms Decree (Article 38, item II), which required new shooting facilities to be located at least 1 km away from educational institutions, but did not specify rules for pre-existing shooting clubs.
Under the new rules, existing clubs will not need to relocate, preventing financial losses and ensuring operational stability for members and staff. Shooting clubs will have 18 months to comply with the updated operational requirements.
2. REGULAR PRACTICE REQUIREMENT
Regular practice is an essential criterion for classification as a shooter. Previously, shooters were required to prove affiliation with a shooting entity and demonstrate participation in multiple training sessions or competitions for each registered caliber.
Now, Article 35 of Decree No. 12.345/2024 allows proof to be made by a representative weapon for each category of use (permitted or restricted), i.e. by group:
With this new classification, the focus shifts away from caliber-specific verification to considering the characteristics and types of firearms used in sport shooting. This change reduces bureaucracy and streamlines the verification process.
3. HIGH-PERFORMANCE SHOOTING ATHLETES
Decree No. 12.345/2024 established the “high-performance shotting athlete” category, which applies to marksmen who (i) are affiliated with a National Confederation or League, (ii) actively participate in competitions and (iii) achieve a minimum ranking in the national classification system.
This new classification grants specific benefits to these athletes:
4. .22 LR FIREARMS AND AIR GUNS OR SPRING-ACTION PRESSURE GUNS
The new decree modifies firearm classification rules, particularly for permitted-use firearms.
For instance, the .22 Long Rifle is now classified as a permitted-use firearm. Previously, it was categorized as restricted, a decision that faced criticism from specialists who argued that the firearm’s power is relatively low.
Additionally, air guns or spring-action pressure guns are no longer restricted. The Registration Certificate must be presented only when purchasing models with a caliber above 6.35mm.
Regulatory Comparison: Old vs. New Rules
Overall, Decree No. 12.345/2024 fills important gaps left by Decree No. 11.615/2023 in response to industry concerns. However, the regulation of firearms and ammunition requires ongoing oversight and adaptation. The effectiveness of these changes and the potential need for further revisions should be evaluated over time.
The team of experts at Nasser Advogados is available for any inquiries
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