It Amends Act No. 17.798, On Arms Control

Original Language Title: MODIFICA LA LEY Nº 17.798, SOBRE CONTROL DE ARMAS

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
"(Artículo 1º.-Introdúcense las siguientes modificaciones en la ley Nº 17.798, sobre Control de Armas: 1) replace the second paragraph of article 1 ° by the following: ' without prejudice as provided in the preceding paragraph, the General Directorate of national mobilization will act as a central authority for the coordination of all implementing authorities and auditing that correspond to the command of the garrison of the armed forces and Carabineros de Chile authorities and" " also advisory authorities which correspond to the test bench of Chile and the specialized services of the armed forces, in the terms provided for in this Act and its regulations. "."

2) amended article 2 as follows: to) Insert, in the letter d), then the word "bombs", the expression "including the incendiary", between commas (,).
(((b) replacements f letters) and g) by the following: "f) Fireworks, pyrotechnic articles and other artifacts of similar nature, its parts and parts." In this case shall not apply the provisions of articles 8 and 14 (A), and g) plants intended to manufacture, finishings, testing, storage or deposit of these elements. "."
(c) add the following new second subsection: "For the purposes of this control, the authorities referred to in article 1 of this law may be joining polygons shooting.".

((3) amended article 3 in the following manner: to) Insert, in the first paragraph, between the phrases "harmless appearance"; and "machine guns", the phrase "weapon whose serial numbers are adulterated or deleted;".
(b) add, in the second, then from the point and separate subsection (..), that happens to be comma (,), the following sentence: "as well as either bombs or incendiary devices".
(c) add the following paragraph third, again, becoming the current fourth: "In addition, no person may possess or having homemade guns or weapons transformed with respect to its original condition, without the authorization of the General Directorate of national mobilization.".

((4) amended article 4 in the following way: to) Insert, in the first subsection, then the word "arm,", the following: "transform".
(b) replace, in the second subparagraph, the phrase "(las armas y elementos indicados en las letras a) (, b)(, c) (, d) (and e) of article 2,", by the following: "weapons, elements or facilities referred to in article 2,".

(5) Agreganse in article 5, the following paragraphs fifth, sixth, seventh, eighth, ninth, tenth, eleventh and twelfth, new: "compliance with the provisions of the third paragraph can be verified only by audit authorities referred to in article 1 of this law, within their respective jurisdictions, and by officials of Carabineros de Chile, who should exhibit a written order issued by the Commissioner to whose jurisdiction corresponds to the place authorized to keep the weapon.
This diligence can only be performed between eight and twenty-two hours and will not require prior notice. The concerned control will not entitle who practice it to enter the address of the customs.
The possessor or holder is obliged to display the weapon, showing off is that this is not in the authorized place, in case of refusal of him to show it. If the weapon is not displayed, it will report it is, to investigate the possible Commission of any of the offences set forth in articles 11 or 14. If the possessor or holder is not there, can not practice is control.
Without limiting the foregoing, if the possessor or holder is ausentare authorized place to hold the weapon, you can deposit it, for safety reasons, before the Comptroller of his home authority, which, in the manner to be determined by the regulation, will issue a guide to free transit for its transport, custody and deposit.
In addition, the possessor or holder, upon request, be authorised for transport the firearm to the place indicated and keep it there for a period of sixty days. Authorization shall designate specific days in that the weapon can be transported. Only once, when the possessor or holder, for any reason, require transporting the firearm on day other than the one designated in the authorization, may request a special permit to the corresponding Comptroller authority.
Persons who at the time of placing a weapon with the supervisory authority, are credited as sportsmen or hunters will be entitled, in the same Act, to obtain a permit to carry weapons used for these purposes. The aforementioned permission will be granted for a period of two years and not authorized to carry weapons loaded on the public highway.
The transport referred to in this article shall not constitute carrying of weapons for the purposes of article 6.
In the event of death of a holder or holder of registered firearm, the heir or the person having custody of or occupy the property in which the decedent was authorized to keep it, or the one in which indeed it is, you must inform the Comptroller authority the circumstance of the death and the individualization of the heir to under your responsibility, you will have provisional that gun possession until it is awarded, assigned or transferred to a person who meets the requirements to register the weapon to his name. If the allocation, assignment or transfer shall not made within the period of ninety days, after the date of death, the holder shall be obliged to return the gun in a garrison command of the armed forces or in a police station, Police Sub station or holding of Carabineros de Chile. The Comptroller authority will proceed to do the delivery who display the registration, your name, the deposited firearm. Violation of the provisions of this rule shall be punished by the Comptroller authority to fine of five to ten monthly tax units. "."

(6) Insert the following article 5 A new: "(Artículo 5º A.-Las autoridades señaladas en el artículo 4º sólo permitirán la inscripción de una o más armas cuando su poseedor o tenedor cumpla con los siguientes requisitos: a) of age." Excepted from this requirement minors who are registered as athletes, duly authorized by their legal representatives, for the sole purpose of the development of such activities. In this case, the use and transport of weapons shall be supervised by one person of age, who will be legally responsible for the use and transportation of them;
b) have known address;
(c) prove that it has the necessary knowledge of conservation, maintenance and operation of the weapon that seeks to enrol, and possessing a physical and psychological aptitude compatible with the use of weapons.
The regulations shall determine mode accredit such fitness physical and mental;
(d) not have been convicted of crime or simple offence, you will be credited with the respective certificate of history. However, in the case of people that not have been convicted of crimes that deserve punishment disturbing, the Undersecretary of Guerra, report of the Director-General of national mobilization, it may be authorized is practiced by resolution founded gun registration, which shall consider the nature and gravity of the offence committed, the penalty applied, the degree of participation, recidivism status the time elapsed since the sanctioned fact and the need, use, type and characteristics of the weapon whose registration is required;
(e) not have been issued in its regard auto opening of the oral proceedings. For these purposes, warranty judges must notify monthly the Directorate of national mobilization people which had issued such a resolution, and f) have not been sanctioned in law No. 19.325 on domestic violence-related processes.
The letter c) of the subsection first does not apply to members in active service of the armed forces of order and public security and Gendarmeria de Chile.
Compliance with the requirement laid down in the letter f) will be credited with the respective background certificate issued by the Civil Registry and identification service.
The possessor or holder of a registered firearm shall prove, every five years, counted from the date of the inscription, which complies with the requirement referred to in point (c)) of the first subparagraph of this article.
If by circumstance impending, the possessor or holder of a registered weapon lost the skills listed in the letter c) or is condemned in accordance with point (d)), either sanctioned in the processes referred to in the letter f), the General Directorate of national mobilization shall proceed to cancel the respective registration, replacing it with a new one in the name of the person than the owner or original fork point, and who has authorization for the possession or possession of firearms. "."

(7) replace article 6 ° by the following: "article 6.-no person may carry firearms outside the locations listed in article 5 without permission of the authorities referred to in article 4, which will grant it in certain cases and under a founded resolution, in accordance with the requirements and modalities established the Directorate of national mobilization.
The permit will last a year at most and only authorize the recipient to carry a weapon. These authorisations shall be entered in the national register of arms.
Will not require this permit the staff referred to in the fourth subparagraph of article 3, without prejudice to what is available to the respective institutional regulations. Also, will not require this permission, aspiring police officers or candidates for officers of the investigations police, who are third year in schools of Carabineros and Investigaciones Police, during the performance of the respective law enforcement practices.
Excepted also sportsmen, hunters and private guards which are approved by the Comptroller authority and which comply with the requirements specified in the regulations. They will have the quality of those hunters who have hunting permit issued daily by the agricultural and livestock service and athletes who are registered in clubs affiliate to federations whose partners use guns as sporting equipment. These authorizations do not constitute carrying of weapons permit and only enable to carry and use weapons in the listed activities.
The General Directorate of national mobilization shall ensure the regularity of the inscriptions referred to in article 5 ° representing the designated authorities in the third paragraph of article 4 any illegal or unlawful situation in authorised inscriptions, for immediate correction.
DG and the authorities referred to in the preceding paragraph may, under a founded resolution, deny, suspend, condition or to limit authorizations required by this Act. "."

((8) amended article 7 in the following way: to) Insert, in the second paragraph, the word "resolution" and the preposition "of", "founded" expression.
(b) Insert, in the third paragraph, after the term "hunters", the word "athletes", preceded by a comma (,) and merge, before the final dot (.), the phrase "to sell weapons, and the companies that hire private security".

((9) amended article 9 in the following way: to) replace, in the first paragraph, the phrase "some elements" with the following: "some of the weapons or elements".
(b) replaced, in the same paragraph, the phrase "presidio lower in its minimum degree" with "presidio child in her middle-grade".
(c) replace the second paragraph by the following: "However, if background or circumstances of the process he could brag about is founded that the possession or possession of weapons or elements referred to in the preceding paragraph was intended for purposes other than the alter public order, attack the armed forces or those of order and public security or commit other crimes" , shall apply only once to fifty-seven monthly tax units fine. "."

(10) add the following article 9 A, new: in article 2. "
2 ° being owner, holder or bearer of a registered firearm, adquiriere ammunition, or cartridges that do not match the caliber of this.
3rd selling ammunition or cartridge without the respective authorization.
4th being authorized to sell ammunition, or cartridges, omits to record the sale with complete individualization of the buyer and of the respective weapon. "."

((11) amending article 10 of the following form: a) interlayer, paragraph first, then the term "you attitude", the word "they transformaren", followed by a comma (,).
(b) replace, in the second paragraph, the expression "letter f)", "letter g").
(c) replace the third subparagraph by the following:) and (c) of article 2 were not meant to disturb public order, attack the armed forces or those of order and public security, or to perpetrate other crimes " , shall apply only once to fifty-seven monthly tax units fine penalty. "."
(d) replace, in the fourth paragraph, the phrase "fifty to five hundred minimum income" for "one hundred ninety to thousand nine hundred monthly tax units".

((12) amended article 11 in the following way: to) Replace subparagraph first with the following: "which portaren firearms without permission established in article 6 shall be liable to the penalty of imprisonment less in its middle-grade to higher in their minimum prison.".

(b) replace the second paragraph by the following: "However, if the circumstances or background of the process he could boast founded that the possession or porte de gun was intended for purposes other than the disturb the public order, to attack the armed forces or of order and public security or commit other crimes, shall apply only once to fifty-seven monthly tax units fine penalty.".

((13) amended article 13 in the following way: to) replaced first paragraph with the following: "which they held or have any weapons or elements referred to in subparagraphs first, second or third in article 3 will be punished with prison less in their maximum to prison in its minimum degree.".

(b) Insert, in the second paragraph, between the expressions "war" and "worthwhile", the phrase "or those indicated in the final paragraph of the article 3".

(14) replace article 14th by the following: "article 14.-that any weapons or items listed in subparagraphs portaren first, second or third in the section 3 will be punished with prison less in their maximum to prison in its minimum degree.
If such weapons are military use material or those indicated in the final paragraph of article 3, the penalty is presidio in their degrees minimum to medium.
In time of war, the penalty shall be increased its presidio middle to perpetual prison. "."

((15) amending article 14 as follows: to) replace, in the first paragraph, the phrase "of five to ten minimum income", by the following: "from eight to 100 monthly tax units".
(b) add, in the second paragraph, the following new second paragraph: "If this communication has been made to Carabineros de Chile or the investigative police of Chile, these institutions shall disclose it timely to the mentioned authorities.".

(16) replace article 14 (C) by the following: ' article 14 C-in the offences referred to in articles 9 and 13 degrees, circumstance constitutes the voluntary surrender of weapons or elements to the authorities referred to in article 1 the, without that has mediated action police, judicial or prosecutors of any kind. ".

(17) replace paragraph fourth of article 16 by the following: 'without prejudice to the foregoing and the powers of supervision and control of weapons that correspond to the Ministry responsible for national defence or to bodies of their dependence, Carabineros de Chile and the investigative police of Chile will be interconnected with the database of registrations and registration of weapons that must be maintained by the Directorate of national mobilization. Only officials of the institutions to the levels of superior officers and prefects will have access to it. The regulation shall determine the rules pursuant to which that database be consulted and must, in any case, register such consultation and safeguard the history contained in that book. "."

(18) Insert the following article 17 A new: "article 17 a. public employee who violates or consintiere in another violates the obligation to reserve the information contained in the database that final article 16 ° referred, shall be subject to the penalty of imprisonment less in their maximum in its minimum degree imprisonment and the disqualification temporary in its middle-grade to perpetua for office and" public offices.
The official who will use the information contained in that database to benefit himself or others, to the detriment of any person, authority or body, or to exert pressure or threats, will be punished with the imprisonment in their degrees minimum to maximum and the disqualification absolute and perpetual to exercise public office. "."

((19) amending article 18 of the following way: to) added, in the first paragraph, the following new second paragraph: "the same courts will know of the offences set forth in articles 13 and 14 when they were committed with weapons of craftsmanship or processed with respect to its original condition, or with weapons whose serial numbers are adulterated or deleted.".
((b) delete, in the letter to), the phrase "in communities that are not military court seat,", and entered with capitalized initial article "la" that followed.

(20) repealed article 19.
((21) amending article 20 of the following form: a) the heading shall be replaced by the following: "the handling of processes that under article 18 degrees need to be known by military courts shall be submitted to the rules laid down in title II of book II of the code of military justice.".

(((((b) repeal the letters b), c), d) and e).
(22) add, in article 21, the following paragraph second, new, passing his final point to be followed: "In addition, disseminated the provisions of this Act through the media, according to its budgetary availabilities.".

(23) repeal article 25 ° and the third subparagraph of article 26.