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DRAFT LAW NO. 230 /X

ESTABLISHES THE TERMS AND CONDITIONS OF INSTALLATION IN

NATIONAL TERRITORY OF FIREARMS EVIDENCE BANKS AND

YOUR AMMUNITION, PROVIDED THAT OF CIVIL USE

EXHIBITION OF REASONS

The existence of banks of evidence for firearms and their ammunition, in addition to

constitute means of safeguard of safety in the operation, sets up, equally,

increased source of quality of the goods produced, consenting to the bet assumed by

Portugal in the valorisation of its international productive competitiveness.

In this area, it emerges as a reference a set of technical standards and good practices

of manufacture whose establishment and promotion constitute the essential core arising from the

activity of the Standing International Commission, established within the framework of the Convention of

Brussels on Reciprocal Recognition of Punishments in Portable Fire Arms, 1

of September 1969 and which, henceforth, is intended to be applied.

The fulfillment of the technical and safety conditions required for a bank of evidence of

firearms advises that establishments to create comply with various requirements,

whose guiding principles are verted in this Law, without prejudice to the rest

supervenient regulation. Thus, and in harmony with the new general regime law that

regulates the weapons and their ammunition, lay down rules regarding the constitution of the

bank establishments of evidence, their essential purposes, certification and signs of

brand, giving itself, still, fulfillment to the constant prediction of the al. c), of the art. 119 th

General Regime.

Thus, under the applicable constitutional and regimental provisions, the Deputies of the

Parliamentary group of the undersigned Socialist Party present the following project

of law:

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Article 1.

Subject

This Act sets out the terms and conditions of installation on national territory of

databases of evidence of firearms and their ammunition, provided that of civilian use.

Article 2.

Definition

1-Understand by bank of evidence the technical establishment aimed at testing the weapons of

fire, its parts and ammunition, so as to ensure the safety of the user, in advance to the

your introduction on the market or later, when requested.

2-Proofing banks may also proceed:

a) To the unutilisation of firearms, their components and ammunition, in the terms

legally provided for;

b) Various technical periings.

3-Excepcionalmente, may the Minister of the Internal Administration authorize in the banks of

proofs referred to in this Law, the carrying out of tests of equipment, means

military and war material, intended or used by the Security Forces, in the

terms and conditions to be set in dispatch.

Article 3.

Titular entities

1-Can install evidence banks the entities holding holders of type 1 armeiro, the

referred to in paragraph 1 (1) of Art. 48, of the legal regime of arms and their ammunition,

as well as legal persons participated by armeiros, as long as they const as

associate armeiro who is a holder of that type of alvshall.

2-They may also install evidence-benches other natural or legal persons whose

social object is exclusively disdestine to the activity of certification under the

present diploma and who will obtain type 1 armeiro, regardless of the

exercise of the manufacturing activity and assembly of firearms and their ammunition.

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Article 4.

Tests

1-The tests to be carried out in the bank of evidence consist, specifically, of the evaluation:

a) of the resistance of the essential parts of firearms;

b) of the operation and safety of arms;

c) of the behaviour of ammunition;

d) of the internationally established dimensional parameters.

2-The criteria and technical parameters of description, evaluation and measurement to be adopted in the tests

referred to in the preceding paragraph shall comply with the regulatory requirements in force in the framework of the

Institutive Convention of the Standing International Commission for Weapons Testing of

Portable Fire (CIP)

Article 5.

Certificates and marks

1-A approval of the weapons, their components, and ammunition in test-bench tests,

as well as their unutilisation, are listed in a certificate of conformity, dated and

numbered, to be issued by the titular entity of the establishment, of it constying

obligatory:

a) the identification of the establishment;

b) Data referring to the requesting entity;

c) Data relating to the manufacturer;

d) Brand, model, caliber and number of the subject weapon of certification, or, if it is the case, of

essential parts of the weapon;

e) Brand, caliber and lot, in the case of ammunition;

f) The result certified by the test.

2-After approval in bank of evidence are affixed to all weapons tested signs of

brand-puncture identifiers of the respective establishment and the tests carried out, well

as in the following parts, in the event of an avulsa test:

a) Cano;

b) Box of the culatran

c) Corrediça;

d) Bascula;

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e) Carcaça;

f) Tambor.

Article 6.

Inuse

1-A The unutilisation of arms in the evidence bank depends on permission to be granted by the

National Directorate of Public Security Police (DN/PSP), under the terms and deadline

in Article 109 of the Code of Administrative Procedure.

2-A The unutilisation of weapons and ammunition is always accompanied by the issuance of a

certificate, where the identification of the weapon or ammunition, entry and exit dates are listed

of the establishment and the type of misuse practiced.

Article 7.

Recognitions

1-The recognition of a bank of evidence referred to in Article 53 (2) of the Act,

regulates the new legal regime of weapons and their ammunition, may have by object any

establishment officially recognized by a member state, as well as by countries

third parties, considered the principle of reciprocity.

2-Compete to DN/PSP the recognition of certificates of unusable issued by

entities accredited by the Member States or by third countries.

Article 8.

Regulation

1-Compete to the Government, through the Ministries of the Internal Administration and the Economy and

Innovation, regulatory on:

a) The technical conditions to which they comply with the banks of evidence;

b) The certification of the tests or processes to be performed.

2-Compete to the Government, through the Ministry of Internal Affairs, regulatory

about:

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a) the compulsory registrations of the establishments;

b) The models of certificate of conformity and of unutilisation.

3-The signs of trademark-puncture referred to in Article 5 (2) of this Law are

homologated by dispatch of the Minister of Internal Administration, following the

certification of the tests or processes they aim to identify.

Article 9.

Subsidiary regime

To the activity to be developed by the establishments referred to in this Law, they apply

subsidally and with the necessary adaptations, the standards provided for in the legal regime

of the weapons and their ammunition.

Article 10.

Start of term

This Law shall come into force on the day following that of its publication.