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22/12/23

PUBLICATION OF JOINT ORDINANCE C EX/DF-PF N. 2/2023 BY THE BRAZILIAN NATIONAL ARMY AND THE FEDERAL POLICE, ENLISTING THE CALIBERS OF FIREARMS AND AMMUNITION OF PERMITTED AND RESTRICTED USE

Isabel Lima, Marcela Matheus and Marina Marouelli

On November 14th of 2023, the Brazilian National Army and the Federal Police published the Joint Ordinance C EX/DF-PF n. 2/2023 distinguishing the guns and ammunitions that can be possessed by people in general from the ones with restricted use, according to the Decree n. 11.615/2023, which regulates Brazil’s National Disarmament Statute.

The Joint Ordinance is already in effect and has brought new definitions for the gun’s component parts and types of ammunition, besides delimiting its respective energies (in Joules). Here are some of the main innovations:

 

  • Semi-automatic firearms restriction: the article 8 establishes that portable firearms, long firearms, rifled barrel weapons and semiautomatic guns will be considered as “restricted” when the energy at the end of its test barrel won’t reach above 1.620 Joules using common bullets;

 

  • Multi-caliber firearms: the article 9 establishes that multi-caliber firearms will be classified as “permitted” or “restricted” depending on its use and considering the ammunition’s highest energy;

 

  • Prorogation of the deadline for the owners of firearms acquired during the previous regulatory regime to register their guns: the article 5 points that the 90-day period established by the 2nd paragraph of the article 79 of the Decree n. 11.615/2023 will initiate from the publication of the Joint Ordinance, on 14.11.2023, and not from the publication of the Decree, that happened in July. The envisaged time period enables the gun owner that possess authorization of acquisition or importation (provided by the Command of the Brazilian National Army to collectors, marksmen and hunters) to register the gun at “SIGMA” (Brazilian Military Management System of Guns);

 

  • Definition of the calibers of portable guns, semi-automatic firearms or repeating firearms and ammunitions of restricted use, according to Annex A of the Joint Ordinance:

 

 

  • Definition of calibers 38 Automatic (419,17 Joules), 9x 19 mm (453 Joules) e 40 SW (569,16 Joules) as “restricted”, as they exceed the 407 Joules limit enlisted by article 11 of the Decree 11.615/2023. The calibers of portable guns, repetition firearms or semi-automatic firearms and ammunition of restricted and permitted use are shown on Annex B;

 

  • The “permitted” long weapons, rifled barrel weapons and repetition firearms and ammunition are shown on Annex C, and the “restricted” on Annex D. On the other hand, the “permitted use” long, smooth-bore firearms, repetition firearms, rapid fire guns and ammunition are shown on Annex E, and the “restricted use” on Annex F;

 

  • The benchmarks regarding the speed and weight of the samples, as well as the obtained numbers, are exposed on Annex G, and have been defined according to the following reference standards: AAMI – Z299.1 – Rimfire – 2018; SAAMI – Z299.3 – Centerfire Pistol & Revolver – 2022; SAAMI – Z299.4 – Centerfire Rifle – 2015; e Cartridges of the world. Barnes, Frank C. 11th Edition, GunDigest Books, 2006.

 

Click here to read the Joint Ordinance C EX/DF-PF n. 2/2023, in Portuguese.

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Maria Isabel Lima 

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Marcela Matheus

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