Tony Gean de Castro - United Nations Office on Drugs and Crime · Prohibition to donate arms ... Since 1987, regulations of Army Command obliges ... Tony Gean de Castro

Tony Gean de Castro

Federal Police Commissioner

Head of National Division of Firearms Control

Executive Board

Brazilian Federal Police

1.Planning,directing, evaluating and carrying

out police activities related to the control and

monitoring of firearms;

2.Manage the National Firearms System –

SINARM.

EXECUTIVE BOARD

Organogram

NATIONAL DIVISION

OF FIREARMS

DARM/DIREX

General Coordination of

Private Security Control

CGCSP/DIREX

DELEAQ/SR/PF/XX

Police Station of

Firearms monitoring

Organogram

27 Federal

Police Stations

for Firearms

Monitoring

NATIONAL DIVISION

OF

FIREARMS CONTROL

NDF/EB

DISARMAMENT STATUTE

SINARM • The National Firearms System – SINARM established by the Ministry of Justice, within the Federal Police, has national jurisdicition. • competence established by art. 2. Act 10.826 / 03 • Registration of firearms circulating in the country; • Registration of incidencies; • Licensing firearms manufacturers; • Registration of firearms dealers; • Granting access to the Public Security Offices databases.

DISARMAMENT STATUTE

COMPARATIVO Law 9.437/97 - Amended

Licence issued at federal level and

also by each Federal State

Firearms Register in the Public

Security System (SSP)

Permanent registry

Firearms relatively easy to get in

shops

Age: 21

Low penalties

Lesser control of confiscated

weapons

Law 10.826/03

Licence issued only by Federal

Authorities

Federal Register with temporal

validity

Legal restrictions for acquisition

Age: 21

Stronger penalties

Prohibition to donate arms

obtained through disarmament

campaigns

Greater integration between

Police and Army

DISARMAMENT STATUTE

Evolutions of the System - SINARM

States

States

Law 9.437/97

Law 10.826/03

Federal Police

Federal Police

DISARMAMENT STATUTE

FIREARMS REGISTRATION • It is mandatory to register the firearm with the competent body (art. 3, Law 10.826/03). • The firearm registration certificate allows the owner to keep the firearm exclusively within his place of residence, or its outbuildings, or even in his workplace, provided that the owner is the person legally responsible of the establishment or the enterprise (art. 5. Act no. 10.826 / 03).

DISARMAMENT STATUTE

FIREARMS REGISTER RENEWAL Renewal of the firearms registration by the Federal Police is mandatory (art. 5., Act. 10.826 / 03) § 2. For renewing the firearms registration certificate

the requirements should be checked periodically in a period of not less than three (3) years.

FIREARMS TRANSFER Art. 4. (...) Commercialization of firearms, components and ammunitions between individuals will be effective only after its approval/authorization by the Federal Police. The buyer has to comply with the legal requirements.

DISARMAMENT STATUTE

TRANSIT PERMIT The citizen who owns a registered firearm is not allowed to take the firearm outside its designated place (place of residence of workplace), apart from exceptional circumstances. In exceptional circumstances that justifie the transportation of a firearm, e.g. a change in the owners place of residence, the Federal Police Authority can issue a transit guide / permit

DISARMAMENT STATUTE

GUNSMITHS • Authorized persons to carry out reparations to firearms must be registered in the SINARM. Only with the licence issued by the Federal Police it is possible to carry out such activity. (art. 2., VIII, Act. 10.826 / 03). • Practising this activity in violation of the legal precepts is considered a crime according to art. 17 of the Disarmement Statute.

DISARMAMENT STATUTE

DISARMAMENT CAMPAIGN Disarmament Statutearticles 31 and 32: compensation for surrendered firearms. Firearms must be destroyed by the army.

DISARMAMENT STATUTE

Since 1987, regulations of Army Command obliges Brazilian manufacturers to mark firearms:

FIREARMS MARKING

Rossi Carbine .22 LR Gallery Model (Brasil)

Photos: INC/DPF

After 2005, small arms and light weapons manufactured in Brazil must be marked with, at least, the following information:

name or brand logo of manufacturer;

name or initials of the manufacturing country;

calibre;

serial number in alphanumeric characters :

- that enables to identify the year of manufacture;

- marked in at least two places (frame and barrel and in the picture (?), if present).

FIREARMS MARKING (Law 10.826/03 - Army Regulation 14-DLOG, October 20th, 2005)

Manufacturer and Client (importer)

Caliber

Year/month of manufacturing in a serial number

Logo

Country

Photos: Taurus

BRAZILIAN FIREARMS MARKING

Year/month of manufacturing in a serial number

Photos: Taurus

SZ103655

Country

Model

Manufacturer

BRAZILIAN FIREARMS MARKING

Other regulations:

Except for the serial number, marking could be done with LASER tools and has to have a depth of at least 0,10mm;

Serial number has to be marked:

- at least at 0,20 mm depth;

- through “hot stamping” techniques that hinders possible tampering attempts, and increases the possibility of recovering deleted numbers (LASER or engraving, including micro-percussion technology is not allowed).

FIREARMS MARKING

(Law 10.826 / 03 – Army Regulation 14-DLOG/2005)

Other obligatory marks:

Firearms belonging to the Brazilian Special Forces, Federal Police, Federal Highway Police and to State Police must include the mark of the Federal Republic or the State Shield, as well as the name or the initials of the organization

FIREARMS MARKING

(Law 10.826/03 - Army Regulation 14-DLOG, October 20th,

2005)

Other mandatory marks:

Manufactured firearms for exportation: markling has to include the name or initials of the importing country

• Imported firearms for civilian purposes: have to be marked by the manufacturer in order to show the name of the Brazilian importer.

FIREARMS MARKING

(Law 10.826/03 - Army Regulation 14-DLOG, October 20th,

2005)

FIREARMS MARKING

• All the mandatory marks established by Law10.826 / 03 (“Disarmament Statute") are registered in the electronic systems that have been developed to facilitate the firearms and ammunitions tracing and for helping criminal investigations.

• Since the information, and its backup copy, are registerd in electronic systems, their costs are lower compared to their benefits.

Photos: Brazilian Army

FIREARMS MARKING

• For many years, improving the marking methods was not a priority for the manufacturers. Investigation and development investments in this area were non-existent.

• The aim is having a safe and efficient marking method that:

a) allows the identification of every single firearm;

b) prevents its tampering;

c) justifies the registries maintenance costs and provides safety to investigation requests

FIREARMS TRACING

• In order to carry out tracing it is essential to extract all the information about the firearm and its main elements, that is generally marked on the frame and/or on other parts.

• Such includes: information on the manufacturer/make, serial number, calibre, model, and type/class of the firearm; all together allow to identify the firearm as a unique device.

FIREARMS TRACING

• Other complementary data, that also help to speed up and increase the accuracy of the identification, are the country of origin, the importing company, logos, symbols and other marks within the firearms structure and other mechanisms.

FIREARMS TRACING

• Adoption of a standardized questionnaire for tracing requests.

• Recommendation: use as data source the experts report, since the seizure note, drafted when the police investigation is formalised, often includes incomplete or superficial specifications of the seized firearms.

FIREARMS TRACING

• Recommendation: It would be advisable that the agents who participated in the detention, carry out, if possible, an Internet research, especially in English websites, where is easier to identify make and manufacturers world wide, the models, indicators, localization of the production site, and other relevant information. The same should be done with firearms parts, components, ammunition and explosives.

FIREARMS TRACING

Manufacturer Firearm

type Model Calibre

Serial

number

Country

Of

Origin

Other

marks

(importer,

institutions,

acronims,

etc.)

Place of

seizure, date,

circumstances

and other

seized

materials

Owner and

date of

birth

related crimes

Police Unit

and

Investigation

number

Comments

SINARM

SIGMA

P

I

C

T

U

R

E

S

1

2

3

FIREARMS TRACING

• This form is used by the Federal Police for submitting search requests to various national and international agencies and organizations (ATF, Interpol), as well as for manufacturers (Taurus, Glock, Rossi, etc.), since it contains the most relevant data to identify and individualize firearms and ammunition.

• Information is sent through electronic messages, and messages system control has been created containing numbers, date, origin and theme.

RASTREO DE ARMAS DE FUEGO

• Without an effective method and tool for monitoring and tracing, the systematic surveillance of firearms and, where possible, their parts, components and ammunition, from manufacturers to purchasers is jeopardized. As it is jeopardized the capability of assisting National Authorities on investigating and analysing illicit firearms trafficking, in order to fight national and international organized crime.

Tony Gean de Castro

Federal Police Commissioner

Head of National Arms Division

Jefe de la

Divisíon Nacional de Control de Armas de Fuego

Brazilian Federal Police

+ 55 (61) 2024 8242

+ 55 (61) 9139 3547

[email protected]

Thank You!