LEY NÚM. 21.412

DIVERSAL MODIFICE FOR THE CONTROL OF ARMS

Bearing in mind that the H. National Congress has approved the following bill initiated in the following consolidated motions:

1. Bulletin No. 5.254-02 of the deputies Fernando Meza Moncada and José Pérez Arriagada, and of the ex-deputies Rodrigo Álvarez Zenteno, Pedro Araya Guerrero, Jorge Burgos Varela, Juan Bustos Ramírez, Alberto Cardemil Herrera, Alejandro Sule Fernández and Gonzalo Uriarte Herrera.

2. Bulletin No. 5.401-02, of former members Marco Enríquez-Ominami Gumucio, Sergio Aguiló Melo, Jorge Burgos Varela, Juan Bustos Ramírez, Álvaro Escobar Rufatt, Ramón Farías Ponce and Guido Girardi Brière.

3. Bulletin No. 5.456-02, of former members Carlos Montes Cisternas, Jorge Burgos Varela, Juan Bustos Ramírez, Marco Enríquez-Ominami Gumucio, Jorge Insunza Gregorio de Las Heras, Antonio Leal Labrín, Roberto León Ramírez and the deputy Jaime Mulet Martínez.

4. Bulletin No. 9.035-02, of the deputies Pedro Álvarez-Salamanca Ramírez, Nino Baltolu Rasera, Sergio Bobadilla Muñoz, Javier Hernández Hernández, Celso Morales Muñoz, Iván Norambuena Farías e Ignacio Urrutia Bonilla, and of the former Eugenio Bauer Jouanne, Gustavo Hasbún Selume and Jorge Ulloa Aguillón.

5. Bulletin No. 9.053-25, of the deputy María José Hoffmann Opazo and of the deputies Pedro Álvarez-Salamanca Ramírez, Nino Baltolu Rasera, Sergio Bobadilla Muñoz, Javier Hernández Hernández, Celso Morales Muñoz, Iván Norambuena Farías e Ignacio Urrutia Bonilla, and of the former members Eugenio Bauer Jouanne and Jorge Ulloa

6. Bulletin No. 9.073-25, of former members Joel Rosales Guzmán, Eugenio Bauer Jouanne, Enrique Estay Peñaloza, Manuel Rojas Molina, David Sandoval Plaza and deputies Nino Baltolu Rasera, Ramón Barros Montero, Javier Hernández Hernández, Enrique Van Rysselberghe Herrera and Gastón von Mühlenbrock Zamora.

7. Bulletin No. 9.079-25, of the deputies Matías Walker Prieto, Pablo Lorenzini Basso and Gabriel Silber Romo; of the ex-deputies María Angélica Cristi Marfil, Marcela Sabat Fernández and Marisol Turres Figueroa and of the ex-deputies Jorge Burgos Varela, Alfonso de Urresti Longton, Cristián Monckeberg Bruner and Carlos Montes Cisternas.

8. Bulletin No. 9.577-25, of the former Gustavo Hasbún Selume and Felipe Ward Edwards and of the deputies Juan Antonio Coloma Álamos, Sergio Gahona Salazar, Javier Hernández, Joaquín Lavín León, Celso Morales Muñoz, Renzo Trisotti Martínez, Osvaldo Urrutia Soto and Ignacio Urrutia Bonilla.

9. Bulletin No. 9,993-25, of former members Daniel Farcas Guendelman, Alberto Robles Pantoja, Cristián Campos Jara and Christian Urízar Muñoz; of the deputies Cristina Girardi Lavín and Marcela Hernando Pérez, of the deputies Javier Hernández and Gabriel Silber Romo, and of the former deputy Loreto Carvajal Ambiado,

Bill:

"Article 1.- Introduce the following amendments to Law No. 17,798, on arms control, the consolidated, coordinated and systematized text of which was set by Decree No. 400 of 1977 of the Ministry of National Defence:

1. Replace the heading of Title I with the following:

"Control and holding responsible for weapons and similar elements."

2. Article 2:

(a) Replace letter (b) with the following:

"b) Firearms, whatever their calibre, and their parts, devices and parts.

It will be understood by fire all that has cannon and that shoots, that is designed to shoot or that can be adapted or transformed to shoot ammunition or cartridges, taking advantage of the force of the expansion of the powder gases, or any chemical compound. The rules of procedure will determine weapons that are considered adaptable or transformable for the shooting.

Firearms are classified, according to their use, in personal defense weapons, private security, sports, hunting for greater or less, of control of harmful fauna, of submarine hunting, of industrial use, of collection, and of ornate or ornament, as well as any other category that the regulations indicate;".

(b) Interclude in the letter (g), following the "test", the expression "reparation, practice or sport,".

(c) Delete the final subparagraph.

3. Article 3:

(a) Replace subparagraph 1 with the following:

"Article 3.- No person may possess or have any of the following weapons, devices or ammunition:

(a) Long weapons whose cannons have been cut.

(b) Short weapons of any calibre that are fully automatic.

(c) Fantasy weapons, understood by such those that hide under a harmless appearance.

(d) Toy, fogueo, pellets, posts or compressed air, adapted or transformed for the shooting of ammunition or cartridges.

(e) Artisanal weapons or wizards, artifacts or devices, irrespective of their form of manufacture, parts or appearance, other than those specified in the letters (a) or (b) of Article 2, and which have been created, adapted or transformed for the shooting of ammunition or cartridges.

(f) Weapons whose serial numbers or individualization systems are adulterated, erased or lacking.

(g) Machine guns and sub-machine guns, shrapnels or any other automatic or semi-automatic weapon of greater destructive or effective power, either by its power, by the calibre of its projectiles or by its aiming devices.

(h) Silencers.

(i) Drilling, explosive, incendiary, adapted, high-calibre ammunition and all that, by its nature, does not correspond to civilian use, which will be determined by the Directorate-General for National Mobilization, through a well-founded resolution.

(j) Automated devices, which allow for the modification of the firing systems of semiautomatic weapons to automatic.

(k) Transformed weapons in respect of their original status, unless the Directorate-General for National Mobilization authorizes it for exclusively sporting purposes and provided that it does not involve a structural transformation of the weapon. ".

(b) In the second subparagraph:

I. Elimine the expression "nor the implements intended for launch or activation, nor possess, have or bear".

ii. Add, before the point and end, the phrase "; neither the implements specifically adapted for the release or activation of any of these elements".

(c) Delete the third paragraph.

4. Article 4:

(a) In the first paragraph, replace the expression "or export" by ", incarnate, export or carry out brokering activities".

(b) Replace the second subparagraph with the following:

"No person, natural or legal, may possess or possess the weapons, elements or facilities specified in article 2, or transport, store, distribute, hold or transfer conventions on such weapons and elements, without the authorization of the same Directorate or of the authorities referred to in the following paragraph, granted in the manner determined by the regulation. Without prejudice to the foregoing, adaptable or transformable weapons for the shooting identified in article 2, letter (b), such as fogueo weapons, signals or others, may only be possessed or possessed for duly accredited purposes of professional canine training, control of harmful fauna, public spectacles, filming and performing arts, and others similar to be determined by the regulations. However, in the case of weapons and elements set out in article 2 (a), this authorization may only be granted by the Directorate-General for National Mobilization. ".

(c) In the eighth paragraph, replace the initial expression "The Armed Forces and Carabineros de Chile," by "The Armed Forces, Carabineros de Chile and the Chilean Police of Investigations".

(d) Add the following new final subparagraphs:

"The General Directorate of National Mobilization and the authorities indicated in paragraph 3 may, by virtue of a well-founded decision, refuse, suspend, condition or limit the authorizations required by this law.

Natural or legal persons, of public or private law, who dictate courses, trainings, certifications or grant technical or professional qualifications of armour or similar, shall inform the Directorate-General of National Mobilization, as determined by the regulations, of persons attending them, certify or obtain such qualifications. ".

5. Add the following articles 4 A and 4 B below:

"Article 4 A.- Prior to the entry into the country of firearms or ammunition, the consignee or importer, as the case may be, shall inform the General Directorate of National Mobilization of its origin, and shall include both the manufacturer and the intermediaries who have had the weapon or ammunition prior to the said entry. Such an institution must provide a certificate that certifies the performance of the aforementioned diligence, which must be submitted by the consignee or importer, as appropriate, to the National Customs Service when entering the goods.

Any firearms or ammunition that enters the country and does not have the certificate provided for in this article shall be retained by the National Customs Service and referred to the corresponding taxation authority, without prejudice to the provisions of article 23. The consignee or importer, according to the case, may recover the firearms or ammunition only once he has successfully informed the General Directorate of National Mobilization of the origin and intermediaries of the weapon or ammunition, and shall issue the certificate referred to in the preceding paragraph, which shall be submitted to the National Customs Service for the purpose of customs destination.

The Directorate-General for National Mobilization, prior to authorizing the registration of a weapon in the National Register of Arms Registrations, must proceed to take samples of the effect of the shooting in the bullets and shells or cartridges, and incorporate the information into an automated ballistic identification system.

The regulations may establish a system of complementary traceability for all firearms and ammunition manufactured in the country or imported.

Article 4 B.- The automated ballistic identification systems set out in this law should be interoperable, in order for the police, on the occasion of or on the basis of ongoing criminal investigations, to access the information gathered therein.

The bullet or cartridge shells and shells obtained at the site of the event must be subjected to a procedure of taking samples of the effect of the shooting in them, and incorporate such information into the automated ballistic identification systems of the Order and Public Security Forces, which should be shared for criminal analysis or criminal investigations.

A regulation issued by the Ministry of the Interior and Public Security and also signed by the Minister of National Defence shall establish the minimum standards with which the automated ballistic identification systems referred to in this law shall be counted, ensuring the appropriate interoperability between them. ".

6. Article 5:

(a) Replace the first and second subparagraphs with the following:

"Article 5. Any firearm other than those referred to in article 3 shall be inscribed on behalf of its possessor or holder before the authorities specified in article 4, paragraph 3. In the case of natural persons, the competent authority shall be that which corresponds to the residence of the person concerned and, in the case of legal persons, that of the place where the weapons are kept. The registration of firearms may only be carried out personally by its possessor or holder and, in the case of legal persons, by its legal representative. Only legal persons who have been constituted as national sport federations, associations or clubs affiliated with these federations and those who, without being affiliated, have been constituted for the purpose of imparting the practice of shooting and who have polygons or gunshot or test that meet the requirements of the regulation; collectors; companies of control of harmful fauna, or those referred to in Decree No. 3,607 of 1981. The Directorate-General for National Mobilization shall, by means of a decision issued to the request of the legal person concerned, qualify it in accordance with the requirements set out in this paragraph.

The Directorate-General for National Mobilization shall maintain a National Register of Arms Inscriptions, which shall record the acquisition of firearms and their transfers on behalf of the acquirers or holders after they have met the requirements set out in article 5 A. Upon request, the corresponding tax authority shall grant a free transit guide for the transfer of the declared firearms, referred to in the domicile, to in the domicile (b). ".

(b) Replace fifth and sixth subparagraphs with the following:

"The enforcement of the provisions of the third and seventh subparagraphs shall be verified by the supervisory authorities referred to in article 1 or by any official of the Order and Public Security Forces, and shall immediately record any action taken, as well as acts associated with it, as provided by the Regulations.

Control can only be carried out between eight and twenty-two hours, either in working days or inability, and will not require prior notice. Control shall not empower those who practise it to enter the authorized place referred to in paragraph 3. Without prejudice to the foregoing, where more than two weapons have been declared in that place, the entry to whom it is practised, however prescribed in the following subparagraphs, shall be permitted for the sole purpose of monitoring compliance with the security measures set out in the law and in the regulations. Except for these restrictions, the prosecutions carried out by the Order and Public Security Forces in the framework of investigative actions entrusted to it by the Public Prosecutor ' s Office, or those provided for in article 83 (a), (b) and (c) of the Criminal Procedure Code. ".

(c) To consider the following seventh subparagraph, new:

"However, in the case of warehouses and warehouses and installations for the manufacture, arming, repair or testing; polygons or shooting or testing courts, and sports organizations referred to in paragraph 1 above, arms, ammunition and other controlled elements may be monitored without notice; their use; their transport permits and pads; the sports registrations and authorizations that correspond to them; the names of the students, the students and the students who are authorized. This procedure may be carried out at the time of operation of the premises, as well as at the time indicated in the preceding paragraph. ".

(d) Replace the seventh subparagraph, which becomes eighth, with the following tenor:

"The possessor or fork will be obliged to display the weapon. If the weapon must be found in the authorized place, it is not displayed, the prosecutor must notify the General Directorate of National Mobilization, which will proceed to the cancellation of the registration. In addition, the prosecutor must file a complaint, in order to investigate any of the offences or offences provided for in this Act. The same procedure should be adopted if it is verified that a weapon is unjustified in a place other than that authorized. ".

(e) Add the following ninth subparagraph:

"If the possessor or holder is not present, the control cannot be carried out, without prejudice to the fact that if this occurs for three consecutive times in a minimum period of forty-five days, the procurator will each time make a written record of the failed control in the authorized place and shall communicate that circumstance to the General Directorate of National Mobilization, which shall initiate an administrative procedure to declare the cancellation of the registration, as provided for in the third part of Article 5 In addition, the complaint must be lodged in order to investigate any of the offences or offences provided for in this Act. ".

(f) In the eighth paragraph, which becomes tenth, delete the initial phrase "Without prejudice to the above", and replace the "yes" conditional conjunction that follows him for "yes".

(g) In the ninth paragraph, which becomes eleventh:

I. Replace the expression "Second fourth" with "Second sixth".

ii. Add next to the point and apart, which becomes point and followed, the following final sentence: "In the same way, the possessor or holder of a personal defense weapon, upon request founded in practice of shooting, may be authorized, twice a year and for a maximum period of twenty-four hours each time, to transport it to the authorized place that indicates for that effect."

(h) In the thirteenth paragraph, which becomes fifteenth, replaces the locution "or in a police station, sub-commission or possession of Carabineros de Chile" by ", in a police station, sub-commissory or possession of Carabineros de Chile, or in a brigade or barracks of the Chilean Police of Investigations".

(i) In the fourteenth paragraph, which becomes a sixteenth one, insert next to the point and apart, which becomes a point and followed, the following final sentence: "The regulation may establish more expeditious mechanisms for the delivery of information to comply with the provisions of this paragraph."

(j) Add the following seventeenth, eighteenth and nineteenth, new subparagraphs:

"In any case, the applicant for an effective possession of inheritance shall, in that request, be brought before the court or before the Civil Registry and Identification Service, the circumstance of knowing that the offender had inscribed to his name firearms and whether they have been subjected to theft, loss or diversion. If it subsequently appears that the applicant was aware of the existence of firearms registered on behalf of the offender at the time of the actual possession, without having been declared, an administrative fine of 11 to 20 monthly tax units shall be applied.

The Directorate-General for National Mobilization shall request the Internal Revenue Service for information on the termination of legal persons referred to in paragraph 1 above.

Any legal person, prior to its dissolution, shall assign or transfer the firearms he or she possesses to a natural or legal person who meets the requirements to register the weapon to his or her name, notwithstanding the duties of information established by the regulations regarding the fate of the weapons prior to its dissolution. This is without prejudice to the provisions of article 23, paragraph 4. ".

7. Replace Article 5 A with the following:

"Article 5 A.- The authorities referred to in Article 4 shall only permit the registration of one or more weapons when their possessor or holder meets the following requirements:

(a) Being older and having Chilean nationality or definitive residence.

However, minors, duly authorized by their legal representatives, who have Chilean nationality or definitive residence, may register their names as firearms, and who are registered as athletes, for the sole purpose of the development of such activities. In this case, the use and transport of weapons shall be supervised by an older person, who shall be legally responsible for their use and transportation.

(b) Have a known home.

(c) Accredit that it has the necessary knowledge on the maintenance, maintenance and handling of the weapon it intends to register, and that it has a physical and psychic aptitude compatible with the use of weapons.

In order to establish knowledge of the conservation, maintenance and management of firearms, the applicant must adopt a specialized course. The Directorate-General for National Mobilization shall authorize and monitor entities requesting such courses and the persons who will give them, in accordance with the requirements set out in the regulations. This will determine the procedure of certification and authorization for the conduct of the courses, which will have a minimum of four hours of theoretical content, its essential content; and the requirements to be met by the entities regarding their technical and security elements.

The applicant ' s physical and mental aptitude for the use of the firearm will be certified by a psychiatrist physician, accredited as such, according to the National Register of Individual Health Benefits administered by the Superintendency of Health.

(d) Personal conduct consistent with the possession or possession of firearms, which shall be declared by a substantiated resolution, in accordance with the criteria established by the rules of procedure, and shall be considered for this purpose the police record registered in the Unified Data Bank, referred to in article 11 of Act No. 20,931, which facilitates the effective application of the penalties established for the offences of theft, theft and receptiveness and improvement of criminal prosecution in such offences.

(e) Failure to be convicted of crime or mere offence, which shall be credited with the respective certificate of record. However, in the case of persons who have not been convicted of crimes of criminal punishment, the Assistant Secretary-General for the Armed Forces, after a report by the Director-General for National Mobilization, may authorize the registration of the weapon by a substantial resolution, which should consider the nature and seriousness of the offence committed, the penalty applied, the degree of participation, the condition of recidivism, the time elapsed from the fact sanctioned and the need, the use,

In any event, the authorization provided for in this paragraph shall not apply to a person convicted of two or more offences.

(f) A person has not been granted an opening of the oral trial or a prosecutor ' s opinion proposing a sanction under article 145 (2) of the Code of Military Justice. For this purpose, the guarantee judges or the military judges, if any, shall, on a monthly basis, notify the General Directorate of National Mobilization of the number of persons in respect of which such resolutions have been issued.

(g) Not to have been sanctioned in proceedings relating to Act No. 20.066, which establishes the Domestic Violence Act.

(h) Not subject to protection or precautionary measures that prevent the possession, possession or carrying of firearms, ammunition or cartridges, by a decision of criminal courts, in family or military matters, as appropriate. The above will also apply to those who are imposed on them as a condition for the prohibition of possession and bearing of arms in the context of a conditional suspension of the procedure in accordance with articles 237 et seq. of the Criminal Procedure Code.

For the control of this requirement, the courts with jurisdiction in criminal matters, in family or military matters, as appropriate, shall notify the investigating authority of the resolution containing the prohibition, or of the measure of protection or precautionary of impediment of possession or possession of firearms, within twenty-four hours of its firm or enforceable existence.

(i) No firearms registration had been cancelled.

(j) To have timely compliance with the obligations set out in the fifth and final subparagraphs, when the applicant has firearms registered with his name.

(k) Accredit the origin of funds used to acquire the weapon.

(l) Not to have been previously sanctioned for abandonment of arms or controlled elements under article 14 A; not to have suffered the loss or diversion of arms or controlled elements, or not to have been the victim of theft or theft of arms or controlled elements, except exemption from the Directorate-General for National Mobilization for qualified cases, in the case of theft.

(c) of the first subparagraph shall not apply to members in active service of the Chilean Armed Forces, Orders and Public Security and Gendarmerie, or to collectors whose weapons are completely unused for the shooting as the authority is established, in accordance with article 7.

Compliance with the requirement set out in letter (g) shall be credited with the respective background certificate issued by the Civil Registration and Identification Service.

Those who comply with the requirements set forth in this article shall obtain from the General Directorate of National Mobilization a licence for the possession of firearms, with which the corresponding registration may be requested in the National Register referred to in the preceding article, within six months.

The possessor or holder of a registered weapon shall update or ratify the information on the firearms register annually, and shall note that the registered weapon is in the declared property and that a responsible possession has been carried out, for which the General Directorate of National Mobilization shall have a virtual platform. The regulation shall establish the procedure for updating or ratifying and the minimum contents of the virtual platform.

The possessor or holder of a registered weapon shall credit every five years, counted from the date of registration, which meets the requirements set out in the first subparagraph (c) of this article, unless the authority provides, on a substantial basis, that such accreditation shall be made within a lesser period, according to the criteria determined by the regulation, given the age, the general state of health of the applicant and the existence of other physical or mental conditions. ".

8. Add the following articles 5 B and 5 C, new ones, passing the current article 5 B to be article 5 D, replaced by the following:

"Article 5 B.- If, by any circumstances, the possessor or holder of a registered weapon loses the qualities or abilities provided for in subparagraphs (a), (b) or (c), or verifies what is stated in paragraph (l) of the previous article, the Directorate-General for National Mobilization shall cancel the respective registration, without prejudice to the provisions of Article 5 C.

In the resolution that decrees the cancellation of the registration, the possessor or holder shall be informed of his or her right to transfer it within a period not exceeding ninety days from his notification on behalf of a third party, who in turn must comply with the requirements for the registration of firearms. If such a period has not been transferred, it will be destroyed.

In the act of notification of the previous resolution, the supervisory authority shall proceed to withdraw the weapon for its custody and deposit, as long as the fate of the weapon is resolved. The possessor or holder shall be obliged to deliver it and it shall be presumed that it is not in the authorized place, in case of refusal of the holder to his delivery. If the weapon is not delivered, it shall be denounced, in order to investigate any of the offences or offences provided for in this law.

Failure to comply with any of the obligations set out in the fifth or final subparagraphs of Article 5 A shall be fined from 5 to 10 tax units per month, and in the event of repeated cancellation of registration.

Article 5 C.- If the possessor or holder of a registered firearm is convicted of a crime or mere offence, or for violation of Act No. 20.066, which establishes the law of domestic violence, the court shall order the cancellation of all its firearms registrations in the final judgment. Such a resolution shall be communicated to the Directorate-General for National Mobilization within twenty-four hours of its final or enforceable performance.

If, during the judicial procedure referred to in the preceding paragraph, a measure of protection or caution has been decreed, or the conditional suspension of the criminal procedure, which prevents the possession, possession or carrying of firearms, ammunition or cartridges, they shall be provisionally retained, by order of the respective court, and referred directly to the deposits specified in article 23, as appropriate. The court shall issue this same order in the ruling that summons the hearing of the preparation of an oral trial when the indictment has been filed, and when the conviction is rendered, it is not firm or enforceable.

To that end, the judge shall order in the same resolution that it decrees the measure of protection or precautionary, or the conditional suspension of the criminal procedure; cites to hearing of preparation of oral trial, or pronounces a conviction, the immediate withdrawal of such weapons and ammunition or cartridges by any of the police, authorizing them, in case of refusal of surrender, to enter the place where the weapon is maintained. Such a resolution should be communicated to the Directorate-General for National Mobilization within twenty-four hours of its issuance.

Once the precautionary or protective measure is terminated, the final dismissal of the case is decreed, or the acquittal judgement is rendered and the case is firm or enforceable, the possessor or holder of the registered firearms may request its return, in conjunction with its ammunition or cartridges, upon payment of the corresponding rights. Such a resolution should be communicated to the Directorate-General for National Mobilization within twenty-four hours of its issuance. ".

9. Replace Article 5 B, which has become 5 D, with the following:

"Article 5 D.- It shall be up to the General Directorate of National Mobilization to ensure the regularity of the inscriptions referred to in Article 5, and shall represent to the executing authorities and counterlores any illegal or unregulated situation in the authorized registrations, for immediate correction."

10. Article 6:

(a) In the first paragraph, replace the term "Article 4" by "Article 4 third paragraph".

(b) In the third paragraph, replace the "Article 3 (4)" wording with "Article 3 third paragraph".

(c) Replace subparagraph 4 with the following:

"The private athletes, hunters and monitors who are authorized by the counter-lora authority and who comply with the requirements set out in the regulations may transport and use the weapons in the activities specified in the respective authorization, which shall not constitute a carrier permit. They will be hunters who have hunting permits per day granted by the Agricultural and Livestock Service, and athletes, who are duly registered in the sporting organizations referred to in article 5, paragraph 1, and meet the other requirements of the supplementary regulation of this law. ".

(d) Delete fifth and sixth subparagraphs.

11. Replace article 7 with the following:

"Article 7. The authorities referred to in article 4 (3) may not grant authorizations and permits or accept the inscriptions set out in articles 4, 5 and 6 of more than two firearms on behalf of the same natural or legal person. Except for the legal persons registered as traders authorized to sell weapons; the control companies of harmful fauna, or those referred to in Decree-Law No. 3,607, 1981.

Legal persons who have been constituted for the purpose of delivering the practice of shooting and who have polygons or shooting or test courts that meet the requirements of the regulation may register up to two weapons per member, and may not exceed a total of twenty. These entities may only purchase ammunition or cartridges for their weapons.

Natural or legal persons authorized as collectors are empowered to maintain their declared weapons, with their original characteristics and status, and shall take the security measures indicated in the Regulations. Without prejudice to the above, the maximum number of collection weapons that a person may own may not be more than ten, unless they are unused for the shooting. In the latter case they may have a total maximum of fifty. However, in the light of qualified circumstances, the Directorate-General for National Mobilization, through a well-founded resolution, may exceptionally exceed the maximum limit of possession of collection weapons, which may not exceed twenty in the case of weapons fit for the shooting. This authorization shall be requested annually by the interested party. In no case does the possession of collection weapons authorize the purchase of ammunition or cartridges.

For the purposes of the provisions of this law, the weapons of collection are those permitted, new or used, suitable or not for the shooting, that for their aesthetics, design, place and year of manufacture, historical interest, special characteristics, sequential line of manufacture, special mechanisms or other distinctive characteristics, are qualified as such by the Directorate General of National Mobilization. Ancient weapons, that is, manufactured before the year 1900, will always be considered as collection.

The hunters and sportsmen may register those weapons that correspond to the nature and kind of hunting or sport they make, with a limit of six, and may not be semi-automatic in the case of hunters.

The Directorate-General for National Mobilization, by a well-established decision, may authorize qualified athletes to possess a greater number of weapons as stated in the preceding paragraph, for reasons of properly certified professional demand, and may in no case exceed a total limit of twenty weapons.

The rules of procedure shall establish the modalities and limitations for the authorizations, permits and registrations referred to in the preceding paragraphs and the security measures to be taken. In any event, the weapons deposit sites of the federations and the shooting and hunting clubs, and the legal persons authorized to possess or have more than two firearms, shall have in their enclosures sufficient security measures for the protection of the place where the weapons are deposited. Such places shall be restricted to authorized personnel and shall be inaccessible from the public sector. They must have alarm systems and closed television circuits, and comply with any other conditions established by the regulations.

The Directorate-General for National Mobilization may exempt from the limits set out in this article those non-profit legal persons, when the authorization is requested in respect of collection weapons and provided that they are intended to protect and disseminate property and the other requirements set out in the regulation are met. It is exempted from that limit to the National Cultural Heritage Service.".

12. Reference is made in article 9 to the following third paragraph:

"If the offender has any permission from those provided for in article 4 and in the rules of procedure of this law for the elements set out in subparagraphs (b) and (c) of article 2, but different from that which is punishable in the preceding paragraphs, or no more than six months have elapsed since the loss of force of any of them, the court may dispense with any penalty, without prejudice to the appropriate administrative penalties. ".

13. Replace article 9 A with the following:

"Article 9 A.- It shall be punished with the penalty of minor presiding at a minimum to a half and a fine of 100 to 500 tax units per month, the person who, with the corresponding authorization, sells ammunition or cartridges to whom it is not possessor, holder or carrier of a registered firearm.

When the sale falls on ammunition or cartridges of a calibre other than the one authorized to which it is entitled as possessor, holder or carrier of a registered firearm, or does not comply with the obligations set out in article 4, paragraph 4, the penalty shall be less presiding at its minimum level and a fine of 100 to 500 tax units per month. ".

14. Add the following article 9 B, new:

"Article 9 B.- The natural or legal person authorized for the sale of ammunition and cartridges in whose commercial establishment any of the conduct indicated in the preceding article shall be punished by an administrative fine of 100 to 500 tax units per month and, in the event of a second penalty, with the cancellation of the permit.

If any of the conduct indicated in the previous article is carried out by the authorized natural person, or by any of the partners exercising the administration in any form of the authorized legal person or possessing in it a social interest of more than 10 per cent, the immediate cancellation of the corresponding permit shall be administratively effected. ".

15. In the second paragraph of Article 10, replace the term "Article 3, first, second and third decisions" with "Article 3, first and second decisions".

16. In article 10 A, replace the first, second and third subparagraphs with the following:

"Article 10 A.- The person who, with the authorization referred to in Article 4, shall surrender to a minor of any of the elements specified in the letters (a), (b), (c), (d) and (e) of Article 2, shall be punished with the penalty of minor presiding in his or her mid to maximum grades.

The same penalty, reduced to one degree, shall be imposed on the person who, having such authorization, allows a minor to have in his or her power any of the above-mentioned elements.

An administrative fine of 20 to 30 tax units per month and the cancellation of the permit shall be imposed on the authorized holder of such items when, for their mere imprudence or negligence, they shall be held by a minor. The sanctioned offender will have five working days to hand over the respective weapons or elements to the National Mobilization Directorate, which will destroy them. After that period has not been handed over the weapon or the elements, its possession, bearing or possession shall be deemed illegal, and shall be punished in accordance with the provisions of article 9.."

17. Incorporate the following article 10 B, new:

"Article 10 B.- Anyone who commits, alters, erases or destroys the system of complementary traceability of a firearm or ammunition referred to in the final paragraph of Article 4 A shall be punished with the penalty of lesser imprisonment to its midpoint."

18. Replace article 11 with the following:

"Article 11.- Those who, having the permit for their possession or possession, carry or transfer firearms from those specified in article 2, letter (b), ammunition or cartridges, outside of the places authorized for their possession or possession and without any of the permits established in articles 5 and 6, shall be punished with an administrative fine of 7 to 11 monthly tax units and the cancellation of the permit. Canceled permission, the sanctioned offender will have five working days to hand over these elements to the National Mobilization Directorate, which will destroy them. After that time without the delivery of weapons, ammunition or cartridges, their possession, bearing or possession shall be deemed illegal, and shall be punished in accordance with article 9.."

19. Article 12 replaces the expression "Articles 9 and 10" by "Articles 9, 10, 13 and 14".

20. In article 13, paragraph 1, replace the "first, second or third" locus by "first or second decisions".

21. In article 14, paragraph 1, replace the term "first, second or third decisions" with "first or second decisions".

22. Replace article 14 A with the following:

"Article 14 A.- Those who, having the corresponding authorizations, abandon weapons or elements subject to the control of this law, incur the administrative fine penalty of 8 to 100 monthly tax units and the cancellation of the permit. The abandoned weapons and elements will be destroyed by the Directorate-General for National Mobilization.

The same penalty shall be imposed on those who, having the corresponding authorizations, do not denounce in the manner provided for in article 173 of the Code of Criminal Procedure the theft or theft of weapons or elements subject to the control of this law, or do not communicate to any of the authorities specified in article 4, paragraph 3, their loss or misuse within forty-eight hours of the act, or at the time of their loss, theft, theft, theft or theft.

The sole record before the authority shall not exempt from the obligation to report theft or theft provided for in the preceding paragraph. ".

23. In article 14 B, add the following second subparagraph:

"If the implements referred to in the preceding paragraph are those referred to in the letters (h), (i) and (j) of article 3, the minimum degree or the minimum of the penalty shall not be imposed on the offence without that circumstance. ".

24. In article 14 C, replace in paragraph 1 the initial sentence "In the offences provided for in articles 9 and 13, it constitutes a circumstance exempt" by "In the offences provided for in articles 9, 13 and 14, the court may dispense with any penalty if the defendant proceeds to."

25. Add the following article 14 F, new:

"Article 14 F.- They shall be jointly responsible for the civil effects of those unlawful ones in which their firearms have been used, who have abandoned them, have not promptly communicated or denounced their diversion, theft or theft, and those who have not made the declarations referred to in article 5, paragraph 3.

In the case of legal persons, the liability for solidarity shall be extended both to that and to its legal representative. ".

26. In article 16, replace the final subparagraph with the following:

"Without prejudice to the foregoing and the powers of supervigilance and control of the weapons that belong to the Ministry of Defence or to the agencies of its unit, Carabineros de Chile and the Chilean Police of Investigations will be interconnected with the database on registrations and registration of arms that must be maintained by the Directorate General of National Mobilization and with all other databases regulated by this law, excluding the records of the firearms. Only officials designated by such institutions shall have access to them, provided that the function they do so requires; prosecutors of the Public Prosecutor ' s Office in charge of an ongoing criminal investigation, or belonging to a unit of the Criminal Analysis and Investigative Focos System, and officials of the Financial Analysis Unit designated for this purpose. The information consulted exclusively for the purpose of the institution should be used. The regulations shall set the rules under which such databases may be consulted on a permanent basis by the above-mentioned institutions. In any case, the consultation must be registered and the reservation of the history contained therein must be safeguarded. ".

27. Article 17 A:

(a) In the first paragraph, replace the expression "the basis" with "the bases".

(b) In the second paragraph, replace the "old base" locution with "ten bases".

28. Incorporate the following article 17 C, new:

"Article 17 C.- It will be a special mitigating circumstance of criminal responsibility, and will allow the penalty to be reduced by up to two degrees, effective cooperation leading to the clarification of facts investigated that are constituting any of the offences provided for in this law or permit the identification of those responsible; or to prevent or prevent the perpetration or consummation of other crimes of equal or greater gravity covered by this law.

With regard to the offence under article 8, the reduction of the penalty may amount to three degrees.

Effective cooperation means the provision of accurate, verifiable and verifiable data or information, which necessarily contributes to the purposes set out in paragraph 1 above.

The Public Prosecutor ' s Office shall express, in the formalization of the investigation or in its indictment, whether the cooperation provided by the accused has been effective for the purposes set out in paragraph 1 above.

The reduction of the penalty shall be determined after the individualization of the penalty according to the rules of articles 12, 14 B and 17 B, and shall be applied to all penalties imposed in the application of those provisions. ".

29. Add the following articles 19 A and 19 B, new:

"Article 19 A.- Whenever a conditional suspension of the procedure is decreed in an investigation for the offences covered by this law, one of the conditions to be imposed will be the prohibition of registration of firearms and their possession, possession or bearing, as well as their ammunition or cartridges, while the case is suspended conditionally.

The conditional suspension in the offences provided for in this Act shall only proceed if the person responsible has cooperated effectively with the investigation in the terms of article 17 C, which shall be expressly declared by the Public Prosecutor at the hearing.

Article 19 B.- The special techniques of Title II of Law No. 20,000, which punishes the illicit traffic in narcotic drugs and psychotropic substances, as well as the protection measures provided for in Title III, paragraph 2. ".

30. Incorporate, following Article 20, Titles IV and V, new, of the following tenor:

PART IV

Firearm records of State institutions

Article 20 A.- Each of the institutions that comprise the Armed Forces and Order and Public Security, the Gendarmerie of Chile and the General Directorate of Civil Aviation, shall maintain a Register of Firearms, and have systems of traceability of their weapons and ammunition. For these purposes, the elements set forth in subparagraphs (b) and (c) of article 2 and those of subparagraph (a) of the same rule shall be recorded as determined by the rules of procedure, such as assault rifles, semi-automatic rifles of military use, revolvers and semi-automatic pistols of military use, light machine guns, and machine guns including machine guns.

The institutions mentioned in the preceding subparagraph, prior to the registration of their weapons in the record set out in the preceding paragraph, should proceed to take samples of the effect of the shooting in the bullets and shells, and to incorporate the information into an automated ballistic identification system.

A regulation issued by the Ministry of the Interior and Public Security, and also signed by the Minister of National Defence, shall establish the regulation of the records set out in paragraph 1 above.

PART V

From the Annual Firearms Control Plan

Article 20 B.- The Directorate-General for National Mobilization in conjunction with the authorities and the Order and Public Security Forces shall develop and propose annually a plan for the control of firearms subject to the control of this law, to be implemented in the following year. This plan will be sanctioned by a joint free resolution of the Ministry of the Interior and Public Security and the Ministry of National Defence and will be reserved.

The plan will define the coordinated control action of the authorities referred to in article 1 and the officials of the Order and Public Security Forces, according to the territorial distribution established therein, and will consider the registration records, transfers, thefts, thefts, losses, diversions and abandonment, deaths, results of pre-trial prosecutions and sanctions imposed; reports of arms entry into the country; figures of crimes committed with firearms and their use.

Such a plan should have qualitative and quantitative indicators of compliance for evaluation and continuous improvement. An annual report should be evacuated with its results, which will be prepared by the Directorate-General for National Mobilization in conjunction with the Fiscal Authorities and the Order and Public Security Forces, and forwarded to the Minister of the Interior and Public Security and the Minister of National Defence. ".

31. Article 21:

(a) In the first paragraph, insert following the "Prefecture de Carabineros", the expression "of Chile, in the brigades or barracks of the Chilean Police of Investigations".

(b) Add the following second subparagraph:

"All natural or legal persons authorized to market firearms shall place notices in places authorized for marketing, which contain their obligations to weapons users, in accordance with this law and its regulations. The Directorate-General for National Mobilization, through an exempt resolution, which must be permanently available on its institutional website, shall establish the contents of the notices. ".

32. Article 23:

(a) Incorporate the following sixth subparagraph:

"However, prior to the destruction of firearms in accordance with this article, as well as those surrendered to the authority voluntarily, samples of the effect of the shooting will be taken in its bullets and shells or cartridges for incorporation into the corresponding automated ballistic identification system."

(b) In the sixth paragraph, which becomes the seventh, insert the following modifications:

I. Replace the "Carabineros de Chile" locution with the "Forces de Orden y Seguridad Pública".

ii. Replace the expression "in the proposal of the Director General of National Mobilization and the General Director of Carabineros" for "in the proposal of the Director General of National Mobilization, the Director General of Carabineros de Chile and the Director General of the Chilean Police of Investigations".

Article 2.- Please introduce the following amendments to article 1 of Act No. 18,216, which provides for penalties that are alternatives to custodial or restrictive sentences:

(a) In the second subparagraph:

I. Delete the expression "in Articles 8, 9, 10, 13, 14 and 14 D of the Law No. 17.798;".

ii. Elimine the voice "quoted."

(b) The following new fourth and fifth subparagraphs, including the current fourth, fifth and sixth subparagraphs, shall be sixth, seventh and eighth respectively:

"Neither shall the penalties laid down in the first paragraph be imposed on those convicted of crimes or mere offences covered by law No. 17,798, unless the mitigating circumstance provided for in article 17 C of that legal body has been recognized.

In the case of mere offences provided for in the Act and not in the case of the preceding paragraph, only sentences of partial detention and intensive probation shall be imposed. ".

Article 3.- Insert the following amendments to the Code of Criminal Procedure:

1. Article 226 bis:

(a) In the first paragraph, delete the locution "in law No. 17.798,".

(b) Delete the third paragraph.

2. In article 406, insert the following second subparagraph, new, through the current second and third subparagraphs, to be third and fourth respectively:

"It will also apply when the prosecutor requires the imposition of a custodial sentence of not more than ten years of imprisonment or imprisonment of greater to a minimum degree, dealing with the illegals provided for in Act No. 17.798, on arms control."

Article 4.- Please enter the following amendments to article 1 of Act No. 20,393, which establishes the criminal liability of legal persons in the offences which states:

1. In article 1, paragraph 1, add the following phrase "in article 8 of Law No. 18,314", the expression "in Title II of Law No. 17,798, on arms control".

2. In article 15, insert the following final subparagraph, new:

"The offences covered by Title II of Act No. 17,798, on arms control, shall be applied to the penalties provided for in this Act for crimes or mere offences, in accordance with the provisions of the preceding article, in consideration of the penalty assigned to each offence in the abstract."

Transitional arrangements

And for I have had it good to approve and punish it; therefore, promute and take it into effect as the Law of the Republic.

Santiago, January 13, 2022.- SEBASTIÁN PIÑERA ECHENIQUE, President of the Republic.- Rodrigo Delgado Mocarquer, Minister of the Interior and Public Security.- Baldo Prokurica Prokurica, Minister of National Defense.- Rodrigo Cerda Norambuena, Minister of Finance.- Hernán Larraín Fernández, Minister of Justice and Human Rights.- María Teresa Valenzuela Bravo, Minister of Health (S).- María Emilia Undurraga Marimón, Minister of Agriculture.- Consuelo Valdés Chadwick, Minister of Cultures, Arts and Heritage.- Cecilia Pérez Jara, Minister of Sport.

What I am transcribing to you for your knowledge. Say hello to you, Juan Francisco Galli Basili, Undersecretary of the Interior.