1 Decree Nº 308 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that the first paragraph of article 2 of the Constitution establishes that everyone has the right to life, to physical and moral integrity, freedom, security, work, property and possession, and to be protected in the preservation and defence of the same;
II.-that the State's obligation, is to establish public policies for the prevention and eradication of the crime, so it becomes necessary to establish the relevant legal provisions in order to ensure peace and tranquility citizen;
III.-in accordance with provisions in the recitals which precede, is indispensable to issue the relevant legal regulations that facilitate the voluntary surrender of firearms, ammunition, explosives and similar articles in the hands of natural or legal persons.
Therefore, use of his constitutional powers and at the initiative of MEPs: José Antonio Almendáriz Rivas, Ramón Aristides Valencia Arana, Guillermo Antonio Gallegos Navarrete, Sigifredo Ochoa Pérez, Benito Antonio Lara Fernández, Antonio Echeverría Véliz, José Rafael Machuca Zelaya and José Wilfredo Guevara Díaz.
DECREES the following: provisions transitional for the delivery volunteer for firearms, ammunition, explosives and articles like article 1.-the present transitional provisions are intended to facilitate the voluntary surrender, as well as the destruction of firearms, ammunition, explosives and similar articles, in order to guarantee peace and public tranquility.
Article 2.-starting from the entry into force of this Decree, persons who possess items referred to in the previous provision, will have ninety days to deliver them according to the instructions issued by the relevant authorities.
Article 3.-the people who voluntarily surrender firearms, ammunition, explosives and similar articles, is host to the following provisions: a) during dates and in the places that are established according to article 5 of this Decree, shall not be subject of criminal, civil or administrative action against him, for holding and driving or illegal carrying of the weapon , ammunition, explosives and similar articles, 2 even if they are weapons of war or making homemade or handmade; and, b) that will provide them with a copy of the duly detailed minutes of the delivery of the weapons, ammunition, explosives and similar items, signed and stamped by the Ministry of national defense.
Article 4.-are excluded from the effects of the present Decree, persons who are being prosecuted or serving sentences for any of the offences provided for and punished under the Penal Code.
Article 5.-the Ministry of Justice and public security in coordination with the Ministry of national defence shall designate the places, dates and the form of delivery of the articles referred to in this Decree.
The Ministry of Justice and public security, through the National Civil Police, specializing in the matter of arms and explosives, as well as scientific investigation of crime, will receive and initiate the respective procedures for processing of the delivered weapons.
The destruction of the weapons handed over, will be carried out after being determined by the respective authorities, that such weapons are not proof of any criminal act, falling under the responsibility of the Ministry of national defense for its destruction, as established in article 75 of the Act for the Control and regulation of fire arms, ammunition, explosives and similar articles; except those who prove that they are owned by the armed forces or of the National Civil Police and which have been reported as lost, stolen or stolen, which will be returned to their rightful owners if and when it is found that they have not been linked in the Commission of an offence.
Article 6.-the Ministry of Justice and public security shall report to the legislature monthly, of the results of the implementation of this Decree, as also, the Ministry of national defense, shall submit a detailed report of the destruction of the same.
Article 7.-this Decree shall enter into force from the day of its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, fourteen days after the month of February in the year two thousand thirteen.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ALBERTO ARMANDO ROMERO RODRÍGUEZ, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
DURAN JOSE FRANCISCO MERINO LÓPEZ, FRANCISCO ROBERTO LORENZANA, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
3 ROBERTO JOSE D'AUBUISSON, fifth Vice President.
LORRAINE GUADALUPE PENA MENDOZA, CARMEN ELENA CALDERÓN SOL STEP, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA PALACIOS LOURDES VASQUEZ, MARGARITA ESCOBAR, FIFTH SECRETARY. SIXTH SECRETARIAT.
FRANCISCO JOSE ZABLAH SAFIE, REYNALDO ANTONIO LOPEZ CARDOZA, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, twenty-seven days of the month of February in the year two thousand thirteen.
PUBLISHED, Carlos Mauricio Funes Cartagena, President of the Republic.
David Victorian Munguía Payés, Minister of Justice and public security.
D. OR. No. 41 vol. No. 398 date: February 28, 2013 SV/ielp 02-04-2013 legislative index