Introduces Amendments To Law No 17,798 On Arms Control

Original Language Title: INTRODUCE MODIFICACIONES A LA LEY N° 17.798, SOBRE CONTROL DE ARMAS

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The following amendments to Law No. 17,798, on Arms Control, whose revised text, coordinated and systematized were established by decree (G), are introduced N ° 400, 1977:

1.-Replace Article 1 with the following:
" Article 1.-The Ministry of National Defence through the Directorate-General for National Mobilization shall be responsible for the supervision and control of weapons, explosives and other similar elements of which this law is treated.
To this end, they will perform as executing, contracting or advisory authorities in the terms set out in this law, the Armed Forces of the Armed Forces, the Chilean Carabineros authorities, the Chilean Tests Bank and the Specialized services of the Armed Forces. " 2.-Replace Article 2 with the following:
" Article 2.-They are subject to this control:
(a) Military materiel, understood by such means, weapons of any kind, constructed to be used in war by the armed forces, and means of ground, naval and air combat, manufactured or conditioned especially for this purpose; (b) Firearms, whatever their size, and parts thereof;
(c) Munitions and cartridges;
(d) Explosives, bombs and other similar devices, and their parts and parts;
(e) Chemical substances which are essentially capable of being used or used in the manufacture of explosives, or which serve as a basis for the production of ammunition, projectiles, missiles or rockets, bombs, cartridges, and elements lacrimogenic or physiological effects, and (f) installations intended for the manufacture, shipowner, storage or storage of such items. ";
3.-Replace Article 3 with the following:
" Article 3.-No person may possess or possess long guns whose guns have been trimmed, short weapons of any caliber that are fully automatic, weapons of fantasy, understood by those who hide under a harmless appearance; machine guns; submachine guns; machine guns or any other automatic or semi-automatic weapon of greater destruction or effectiveness, whether by its power, by the caliber of its projectiles or by its devices of puncture.
Likewise, no person may possess or have artifacts manufactured on the basis of asphyxiating, paralyzing or poisonous gases, of corrosive or metal substances that cause the expansion of the gases to produce shrapnel, or implements to be launched or activated.
These prohibitions are exempted from the Armed Forces and the Carabineros of Chile. The Investigations Police of Chile, Gendarmería of Chile, the General Direction of Civil Aeronautics and the National Information Centre will be exempt only from the possession and possession of light and semi-automatic automatic weapons, and of chemical deterrents, tear gas, paralisers or explosives and grenades, up to the amount authorized by the Minister of National Defence, as proposed by the Director of the respective Service. These weapons and elements may be used in such a manner as to indicate the respective Organic Regulation and the Institutional Functioning Rules.
In any case, no person may possess or possess special denominated weapons, which are those corresponding to the chemical, biological and nuclear. "
4.-Replace Article 4 with the following:
" Article 4.-To manufacture, assemble, import or export the weapons or elements referred to in Article 2 and to make installations intended for their manufacture, shipowner, storage or storage, authorization shall be required from the Directorate-General of National Mobilization, which shall be granted in the form and conditions laid down in the rules of procedure.
No person, natural or legal, may possess or possess the weapons and elements referred to in subparagraphs (a), (b), (c), (d) and (e) of Article 2, or transport, store, distribute or hold conventions on such weapons and elements without the possession of authorization of the same address or of the authorities referred to in the next subparagraph in the manner laid down in the regulation. However, in the case of the weapons and elements referred to in Article 2 (a), this authorization may only be granted by the Directorate-General for National Mobilisation.
The authorization required by the preceding subparagraph, with the exception stated, must be granted by the Armed Forces of the Armed Forces or by the authority of Carabineros of Chile of higher rank, designated in one or otherwise by the Minister of National Defence, to the position of the Director General of National Mobilization, who may also be able to indicate to this effect, at the local level, and with the powers indicated in the regulation, other military authorities or Carabineros of the Chile.
Without prejudice to the foregoing, the Banco de Pruebes de Chile will continue to advise the Directorate General of National Mobilization, through the Army Research and Control Institute (IDIC), in the determination of the dangerousness, stability and quality of weapons and elements under control. As for the military materiel produced by private companies, their danger, stability, functioning and quality will be controlled and certified by the specialized services of the Armed Forces.
The Director General of National Mobilization may request, through the Minister of National Defence, technical advice to agencies or personnel attached to the institutions of the Armed Forces, to supervise, in the factories of the authorized war materiel, manufacturing process, production and inventories.
In addition, the Director General may request advice from the National Service for Geology and Mining, in the study of the storage of explosives for mining and other materials in which he or she is entitled. to the Directorate-General for National Mobilisation and to the said Service. It shall also be empowered to seek qualified advice, of any kind, which it deems necessary for the performance of the functions conferred upon it by this law.
The Armed Forces and the Carabineros of Chile will be exempt from the authorizations and controls referred to in the preceding subparagraphs, as well as what the Army, Army, and Maestrances of the Navy and the Navy and the Navy and the Navy Maestrances National Aeronautics Corporation to produce for the use of the National Defense Institutions. However, the Minister of National Defence shall authorize such Companies as regards the export of the weapons and the items referred to in Article 2, and in respect of what they produce for private individuals and the private war industry. "
5.-Replace the third subparagraph of Article 5 with the following:
"Enrollment only entitles your holder or holder to keep the weapon on the stated root property of his or her residence, place of work or the place to be protected."
6.-Replace Article 6 with the following:
" Article 6.-No person may carry weapons outside of the places specified in the preceding article without the permission of the authorities referred to in the third subparagraph of Article 4, which may be granted in accordance with the requirements and modalities to be established by the Directorate-General for National Mobilization.
The permit shall last for a maximum of one year and shall only authorize the recipient to carry a weapon.
These authorizations shall be entered in the National Register of Arms.
This permit shall not be required by the staff referred to in the third subparagraph of Article 3, without prejudice to the provisions of the respective institutional regulations.
It shall be for the Directorate-General for National Mobilization to ensure the regularity of the registrations referred to in the preceding article and the permits to carry firearms, representing the authorities referred to in the subparagraph. Article 4 of any illegal or anti-regulatory situation in the authorized registrations and the permits granted, for their immediate correction.
The Directorate-General and the authorities referred to above may refuse, suspend, condition or limit the authorizations and permits required by this law, without any expression of cause, except for the registration of the article 5 ".
7.-Amend article 7 in the following manner:
(a) In the second subparagraph, delete the point (.) with which the phrase "legal", the phrase: "or natural persons duly qualified", terminates and is enlarged.
(b) Replace the third and fourth subparagraphs with the following:
" Except as provided for in the preceding subparagraphs, natural or legal persons who are registered as collectors, hunters or traders are exempt from the provisions of the Convention.
Persons authorized as collectors have the power to maintain their declared weapons, with their original characteristics and status, and the security measures outlined in the regulation should be adopted.
The hunters may enroll those weapons that correspond to the nature and hunting class they make, not being able to be automatic or semi-automatic weapons.
The Rules of Procedure shall lay down the detailed rules and limitations in respect of the authorizations, permits and registrations referred to in the three preceding subparagraphs. "
8.-Amend article 8 as follows:
(a) In its first subparagraph, replace the phrase "minor to the maximum grades" with "greater in any grade".
(b) In the second subparagraph, replace the phrase "its minimum grades in the middle", as follows: "the maximum degree to which he or she is to preside or relegate the minimum to the minimum degree".
(c) In the third subparagraph, insert after the word "order" and before the comma (,) that follows, the expression "and Public Security".
9.-Amend article 9 (3) as follows:
(a) In the first subparagraph, subparagraph (a) and the comma (,) following the words "and" between (c) and (d) shall be deleted by a comma (,), and the words "and (e)" shall be added to the words "and (e)".
(b) Replace the second subparagraph with the following:
" However, if the circumstances or background of the proceedings permit presumption that the possession or possession of the weapons or elements referred to in subparagraphs (b), (c), (d) and (e) of Article 2 was not intended to alter the order of the the public, attacking the Armed Forces or those of Order and Public Security, or perpetrating another offence, the penalty of a fine of 10 to 15 minimum income shall be imposed only. If, in addition to the circumstances or circumstances referred to, the proceedings of the accused are irreproachable in the proceedings, the court may impose a fine of up to nine minimum income, definitively surpass or dictate the sentence. acquittal. ". (c) In the third subparagraph, replace the words "Carabineros or civilians" with the phrase: "to the forces of order and public security or to civilians.";
10.-Replace Article 10 with the following:
" Article 10.-Those who manufacture, armaren, import, import, transport, transport, store, distribute or hold conventions in respect of the elements referred to in Article 2 (a), (b), (c), (d) and (e), without the The authorization referred to in Article 4 shall be penalized with the penalty of imprisonment of less than half a maximum degree of pressure.
The same penalty shall apply to those who construct, condition, use or possess the installations referred to in Article 2 (f), without the authorization required by the first subparagraph of Article 4.
By way of derogation from the preceding subparagraphs, if the circumstances or antecedents of the process allow to be presumed to be based on manufacture, shipowner, import, internation into the country, export, transport, storage, distribution, distribution, distribution, distribution, distribution, distribution, distribution, or conventions in respect of the elements referred to in Article 2 (b) and (c) were not intended to alter the public order, to attack the Armed Forces or those of Public Order and Security or to carry out other offences, were shall apply only the penalty of a fine of ten to fifteen minimum income. If, in addition to the circumstances or circumstances referred to, the proceedings of the accused are irreproachable in the proceedings, the court may impose a fine of up to nine minimum income, definitively surpass or dictate the sentence. acquittal.
The serious breach of the conditions laid down in the authorization granted in the manner laid down in Article 4 shall be punishable by a fine of 50 to five hundred minimum income and by the closure of the warehousing facilities or deposits, in addition to the suspension or revocation thereof, in the form laid down in the regulation.
The penalty provided for in the first subparagraph shall, in time of war, be more than half a death sentence. "
11.-Replace the second and third subparagraphs of article 11 with the following:
" However, if the circumstances or background of the process allow him to presume that the possession or carrying of the weapon was not intended to alter the public order, attack the Armed Forces or those of Public Order and Security, or to to carry out another offence, only the penalty of a fine of 10 to fifteen receipts shall be imposed. If, in addition to the circumstances or circumstances referred to, the proceedings of the accused are irreproachable in the proceedings, the court may impose a fine of up to nine minimum income, definitively surpass or dictate the sentence. acquittal.
In time of war, the penalty shall be greater than the death penalty, provided that the circumstances or circumstances allow the court to presume that the weapon being carried was intended to alter the public order or to attack the Armed Forces or those of Order and Public Security, or civilians. " 12.-Replace Article 13 with the following:
" Article 13.-Those who possess or have some of the weapons and elements referred to in article 3 shall be punished with lower pressure in their average degree of pressure to their lowest degree.
If such weapons are material of war, the penalty shall be higher in their minimum degree than in the medium.
In time of war, the penalty will be higher in his average degree to death.
The preceding subparagraphs shall not apply to those who have been authorized in the form and for the purposes set out in the first subparagraph of Article 4. "
13.-Insert the following new articles, under article 14, of the following articles:
" Article 14 A.-Those who abandon weapons or elements under the control of this law shall incubate the penalty of imprisonment of a minimum of five to 10 minimum income in their minimum degree or a fine of five to ten.
Abandonment shall be presumed to have been abandoned where one of the authorities referred to in Article 4 has not been communicated, the loss or loss of the species within five days of the loss or the knowledge of the loss or of the loss of the species Extravk. " " Article 14 B.-It constitutes an aggravating circumstance of the offences referred to in this law by endowing weapons or ammunition, which are or have, of devices, implements or characteristics which are intended to make them more effective, to cause more damage or to facilitate the impunity of the deceased ". " Article 14 (c) constitutes a circumstance of criminal responsibility for the possession or illegal possession of prohibited weapons, the surrender of them by their possessor or holder to the competent authority, before the commencement of proceedings in their possession. against. ". 14.-Incorpórase as Article 16, the following:
" Article 16.-The staff of the Directorate-General for National Mobilization and those of the other bodies referred to in Article 1 may not disclose the facts, information and the content of the applications received by them relating to the information and the information received by the staff of the Directorate-General for the matters covered by this law.
The same obligation shall be in respect of the judgments, offices and orders issued by the Directorate-General and the bodies referred to in Article 1 of this Law.
The offences referred to in the preceding subparagraphs shall be punished by the penalties provided for in the second subparagraph of article 246 of the Criminal Code. "
15.-In article 19, in its final part, replace the word "and" with the word "Garrison" by a comma (,), and remove the end point (.), adding following the words "Carabineros", the following: " and Officers of the Investigations Police of Chile under the command of a Prefecture. " 16.-Replace the words "Carabineros de Chile, by the Armed Forces, or both at the same time with the Armed Forces, by the Armed Forces, by the Armed Forces, by the Armed Forces, by the Armed Forces, by the Armed Forces or by the Armed Forces," in the second subparagraph of article 20 (a), all at once, " 17.-Amend article 23 as follows:
(a) In the third subparagraph, replace the words "of the Ministry of National Defence" with the words "of the Directorate-General for National Mobilization".
(b) Replace the fifth and sixth subparagraphs, with the following:
" A War Materiel Commission, composed of technical personnel of the Armed Forces and the Carabineros of Chile, appointed by the Minister of National Defense, to the position of the Director General of National Mobilization, will propose the armament and other elements subject to control which shall be used for the use of the institutions of national defence, or of their personnel, and those which must be destroyed. " 18.-To add as article 27, the following:
"Article 27.-Invoice those who possess or possess weapons permitted by this law, to register them before proceedings are initiated against them, before the authorities referred to in Article 4."