Key Benefits:
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DRAFT LAW NO. 231 /X
ESTABLISHES THE SPECIAL PROCUREMENT, DETENTION, USE AND
POSSESSION OF FIREARMS AND THEIR AMMUNITION AND ACCESSORIES,
INTENDED FOR SPORTS AND COLLECTIONIST PRACTICES
HISTORICAL-cultural
EXHIBITION OF REASONS
The activities related to sport shooting and gun collectionism, no
despite entrench in the common reason that led to the recent approval by the Assembly
of the Republic of a deep reform of the general regime applicable to the use and possession of
firearms, translating a thematic derivation with specifics that justify
special technical treatment.
That is the aim of the present legislative initiative, the content of which has come to be
proposed in the form of a new chapter to be added to the diploma whose final vote took place in the
day December 21, 2005.
In the touching of the sporting shot, it is about acauteling elementary principles of care and
control, in particular, with regard to the definition of the types of usable weapons, of the
abarched sports modalities, the licensing rules of the activity, well
as of the special relationship of proximity that must be guaranteed, depending on the
matter, in respect of sports agents in it actors, whether individual or
collective.
Already in the case of collectionism, notwithstanding Law No. 1/98 of January 8, it has provided for the
deadline of 45 days for the regulation of this activity of historical-cultural interest,
what did not come to fruition, we are facing matter whose legal treatment
systematized constitutes true innovation in Portugal. Beyond the aspects
related to the safety and control of the activity, it matters, still, to safeguard
in a properly ordered framework, a set of incentives aimed at promoting the
defence of historical heritage, equally relevant in the field of arms.
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They are thus created as a collector's and sports shooter's licences, observing in this
part of the Community Directive 91 /477/CEE and, as far as the shooters are concerned
sports, allows the respective federations to follow up the merit of their
practitioners, conferring the legal mechanisms for the development of some
shooting disciplines with worldwide expression.
New rules for the granting of licences of use and weapon possession are established.
minors for the practice of sport shooting, associating with the indispensable permit by
part of who exerts the respective parental power, the frequency with justified
harnessing compulsory schooling, award-winning solution that is thought to be
suitably fair and beneficial.
The ordering of the collector's activity, for its part, could not leave it
obey the principle of the responsibility of its agents, materialized in the
need for frequency of courses that technically enable a profiteer
pursuit of activity. In addition to its intrinsically lucid strand, it constitutes the
collectionism an obvious potential source of the conservation and cultural dissemination of the
historical heritage, with highlighting for museology, both static and dynamical,
being in this case, for example, the historical reconstitutions.
Thus:
Under the applicable constitutional and regimental provisions, the Deputies of the
parliamentary group of the undersigned Socialist Party present the following
draft law:
Chapter I
General and common provisions
Article 1º
Subject
1-A This Act establishes the special arrangements for the acquisition, detention, use and possession of
firearms and their ammunition and accessories, intended for sporting practices, and of
historical-cultural collectionism, as well as the type of organisation to be adopted by the
respective sports Federations and Associations of collectors.
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2-In all that this Law does not have in particular, it has application to general law and
respective regulations.
3-It shall apply, within the framework of this Law, with the adaptations that are provided for therein, the
criminal and counterordinance liability regime provided for in Chapter X of the law
that regulates the new legal regime of weapons and their ammunition.
Article 2º
Competencies
Without prejudice to the provisions of Article 10 (1) and Article 24º (2) of this Law,
compete with the National Director of Public Security Police (PSP) the licensing and
the granting of the necessary authorizations for the arrest, use and possession of a firearm and
its ammunition and accessories, intended for the exercise of the activities referred to in nº1 of the
previous article.
Article 3º
Types of licences
For the detention, use and possession of firearms intended for the practice of sporting shooting and
collectionism are granted by the National Director of PSP licences of the following
types:
a) Sports shooting licence;
b) Collector's licence.
Article 4º
General conditions for the allocation of licences
1-The licences provided for in the previous article are granted to citizens, greater of age,
approved in the competent medical examination of primarily psychical incidence and which
demonstrate to have idoneity for the effect, being this affixed to the terms and conditions
forecasted for the granting of a class B 1 use and weapon license of a weapon.
2-Without prejudice to the provisions of the preceding paragraph as to the remaining requirements, the licence of
collector only is granted to larger citizens of 21 years of age.
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3-The application for the granting of the licences provided for in the previous article is instructed
with proof of the prior issuance of a federative license of the responsibility of the
competent Federation or reasoned opinion of the Association of collectors
in which the applicant is shown to be registered, depending on the cases.
4-For the practice of modalities or shooting disciplines recognized by the respective
International federations is permitted, exclusively for sporting purposes, the
grant of leave to minors with minimum ages of 14 years, in the case of guns
long soulful soulful pipe, and 16 years for the stirred soured barrel guns that
use anellar percussion ammunition, provided that they are shown to be registered in a Federation
of Tiro with recognition on the part of the Olympic Committee of Portugal, and meet the
following conditions:
a) Frequentem, with proven use, compulsory education;
(b) they are authorised, by whom to exercise parental power, to the practice of sporting shooting;
c) They have not been the target of educational tutelary measure by fact typified in the criminal law.
Article 5º
Validity and Renewal
1-The licences provided for in Article 3º have a validity of five years.
2-A The renewal of the licences is dependent on the verification of the requirements applicable to the
respective concession.
Article 6º
Ceding to loan title
1-A yielding by loan of firearms for sporting purposes and
collectionism, is permitted under the terms and conditions generically provided for in the law
regulating the new legal regime of weapons and their ammunition, and in accordance with the rules
specifically provided for in this article.
2-Can be subject to ceding, by loan, the weapons of classes C and D, since
which are intended for their use in drills or sports evidence, by staying such
reserved possibility, in the case of weapons that are the property of associations or
sports federations, to the shooters who in them will find themselves concretely affiliated.
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3-Collector's licence holders and collectors ' associations can
give in by borrowing arms from the collection that are from your property, provided that
intended for exhibition at collection arms fairs or in museums, public or
private.
4-Museums of the Associations of collectors can receive from loan the
weapons from the collections of the collector's licence holders, as well as those that are
in the possession of other public or private entities, targeting them, exclusively, the
exposure to the public.
Article 7º
Cassation
1-In cassation of the licences set out in Article 3º, the scheme provided for in the
permits for use and weapon possession of classes B 1.
2-A the entity responsible for the sports shooter or the collector, shall
communicate immediately to the National Directorate of PSP (DN/PSP), any facts or
circumstances liable to involve the initiation of the cassation tendon of the
respective license.
Article 8º
Technical qualifications
The approvals, opinions and certifications that, in the terms and for the effects of the present
law, be it the competence of the federations and associations in it provided for, are always
performed by technically enabled personnel and as such identified, according to
the concrete nature of the treated subjects.
Chapter II
Sport shooting
Article 9º
Definitions
1-Sportsmanlike shooting:
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a) Of precision , what is subject to international competitive framing, being
practiced with firearms with stirred soured pipe, on specific targets, in
that the shooter is in a fixed position and in places approved by the competent
federation;
b) Dynamic , what is subject to international competitive framing, being
practiced with firearms with stirred soured pipe, on specific targets, in
that the shooter shifts to the execution of the shot;
c) Of recreation , what is subject to the national competitive framework and
international, being practiced with arms of reduced caliber with soulful barrel
or gutted, within the legal limitations provided for in this diploma;
d) With long guns of soulful soulless pipe , what is subject to framing
competitive, national or international, being practiced from one or more posts
of shot or on a hunting pathway, and executed on specific targets.
2-For the purposes of the application of points (a), (b) and (d) of the preceding paragraph, they consider themselves to be targets
specific to those determined by the national or international instances that tutelize the
respective modalities or disciplines.
Article 10º
Sports shooting federations
1-The shooting Federations are the entities that superintending in the practice of shooting
sports, provided that recognized in that quality by the public entity that guardiits the
national sport, and by the Olympic Committee of Portugal, in the case of modalities or
Olympian shooting disciplines.
2-. The shooting Federations are recognized as the entities that regulate the shot
sports and who have the competence to comment on the ability of the shooters
for the use of weapons to that effect, by giving them to decide on the allocation of the
federative licences for the practice of the modalities or disciplines developed under the
your égide, and issue opinions on the granting of the sports shooting licences.
Article 11º
Competencies
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1-In the development of its tasks within the framework of the practice and development of the
sports shooting, it is also incumbent on the shooting Federations:
(a) issuing opinions, with a binding character, on the technical and technical conditions
safety of shooting careers and shooting fields where sport proofs are held and
respective surrounding areas;
b) Define and regulate the parameters of the allocation of federative licences;
c) Define, within the legal limits, the types of weapons, calibers and own ammunition
for the practice of modalities, and their disciplines, developed under their
aegis;
d) Set, within the legal limits, the n. maximum of arms and ammunition that may
be acquired for the practice of modalities, and their disciplines;
(e) Require the clubs annual presentation, in a traditional or electronic format, of
maps of consumption of the acquired ammunition, when dealing with ammunition from
purchase conditioned by law, as well as keep them properly updated;
(f) to demand the submission of the arms manifest booklets to the federated shooters,
in the drills and competitions developed under its aegis, with the exception of the
elements of the Armed Forces, Military Forces and Security Forces or
equals, and sports licences;
(g) require annually, as a condition of affiliation or renewal, a certificate,
resulting from medical examination, which makes proof enough of the physical and psychic aptitude of the
practitioner and to declare the non-existence of any counter-indications.
(h) require all sports officers who may be present in the areas
reserved to the practice of modality, the entitlement of valid sports insurance and
behold;
(i) to revoke the licences per se granted and to seize the respective titles.
2-Federations can sign up in Federations or International Associations
recognized as responsible for regulation and direction at the global level of
other sports shooting modalities, the adoption of which is deemed to be of interest to the
pursuit of its objectives.
Article 12º
Obligations
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For control of validity of sports shooting licences granted under the terms of
provisions of Article 3º (a) of this Law, shall the Federations communicate to the
DN/PSP, in any support:
a) A map with the entirety of its affiliates, monthly or annually,
as it deals with gutted soured pipe guns, or from soulful barrel guns
lisa, indicating, for each, the name, n. and type of the sports license and club to which
belongs;
b) Anually, a map where they build the shooters who have lost their licences
federatives, or whose type has been changed, by subsequent accreditation or by
non-compliance with the standards set for its concession or maintenance;
c) The emergence, in drills and in competitions organized under its aegis, of weapons
in illegal or unmanifest situation;
d) All federative regulations that refer to the granting of licences and the
inherent conditions of accreditation and maintenance.
e) Inform immediately the DN/PSP, without embargo of the provisions of (b), of the loss
of licences that arise from disciplinary or other sanctions, which they determine,
cumulatively, the loss of the right of use of the corresponding weapons.
Article 13º
Types of federative licences
1-For the practice of sport shooting, they are granted, by the respective federations, the
following licenses:
a) federative licence A: practice of precision sport shooting disciplines, in which
whether they use pistols, revolvers or compressed air carabines of caliber 4.5mm and
pistols, revolvers or caliber carabines up to 22, provided that the ammunition is from
anellar percussion;
b) Federative licence B: practice of precision sport shooting disciplines, in which
whether they use pistols or revolvers using ammunition from the calibers 32 S&W Long
Wadcutter and 38 Special Wadcutter, caliber carabines between 6 mm and 8 mm, and weapons
short and long black powder;
c) federative licence C: practice of precision sport shooting or dynamic, where if
use pistols or caliber revolvers up to 11 ,4mm or 45, carabines of caliber between
6mm and 8 mm and carabines of caliber ordinance up to 7.92 mm;
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d) federative license D: practice of the recreational sport shooting, where they use
carabines, pistols or compressed air revolvers of the calibers allowed by law,
as well as carabines, pistols or revolvers up to the 22 caliber provided that the ammunition is
of anellar percussion, and still shotguns up to caliber 9 mm;
e) federative licence E: sport shooting practice with shotgun, of the calibers and
permitted loads for the practice of the disciplines covered by this license, with the
specifications determined by the respective Federation.
2-The federative licences are valid for the period of one year, being documented by
own model card of the respective Federation, personal and incommunicable, where
conscries the n. of the sports shooting license, the name of its holder, the club representing and
the sporting season to which it relates, coincident with the calendar year.
Article 14º
Granting and maintenance of federative licences
1. The granting of the federative licences is done by fulfilling the following
conditions:
a) licences A, D and E are granted to the shooters who sign up for the first
time in the Federation that tubs the modality or discipline, being subjected to a
prior examination of suitability for the granting of the respective licence;
b) The B licence is granted to the shooter who demonstrates, cumulatively:
i) To be a holder of federative shooting licence A for the minimum period of two years;
ii) To have participated annually in two or more proofs of the official calendar of the
respective Federation, and have obtained the constant access scores of the
regulation of licences in force in it;
iii) Not to have been the target of federative sanction for violation of the safety rules or
by anti-sporting practices;
iv) When you intend to practice shooting with black powder weapons, it was also
approved in appropriate course, delivered by trainers accredited by the
respective Federation.
c) The C licence is granted to the shooter who demonstrates, cumulatively:
i) To be a holder of a federative licence B for the minimum period of two years;
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ii) To have participated, annually, in two or more evidence of the official calendar of the
respective Federation, and have obtained the constant access scores of the
regulation of licences in force in it;
iii) Not to have been the target of federative sanction for violation of the safety rules or
by anti-sporting practices;
iv) When you intend to practice shooting in the dynamic shooting modality, have also
frequented with harnessing a suitable course, provided by the club to which
belongs, and subsequently, to obtain use in examination with curriculum plan
approved by the respective Federation;
2-A The use of the weapons purchased under the sports shooting licences only is
permitted in places appropriate to the practice of the modality or disciplines to which they refer
and approved by the respective federation.
3-The members of the Armed Forces, Military Forces and Security Forces or
equistops, can access the federative licence C upon approval in examination
promoted by the respective Federation, regardless of the prior title of the
other sports licences.
4-Federative licence holders have to substantiate, annually, for the purposes of
respective renewal, participation in official competitions.
5-A The validity of federative licences is always conditioned by the issuance and effective
of the licences provided for in point (a) of Article 3º of this diploma.
Article 15º
Aptitude exams for the granting of federative leave
1-The prior examination of aptitude for habilitation to a federative shooting permit
sports is the responsibility of the respective federations, and shall cover the
following subjects and objectives:
a) the legal regime of weapons and their ammunition;
(b) regulation of the use of weapons for sporting purposes;
c) Safety in handling;
d) Notions of ballistics and ballistics of effects;
e) Technical execution.
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2-The process of evaluation is the responsibility of the respective federations, within the
its competences, is composed of the following successive and phased phases, when
applicable:
a) For the issuance of the federative licences A and D:
i) Written test on the constant theoretical matter of paragraph 1 of this article;
ii) Practical handling of handling, having the candidate to perform correctly the
security operations, of loading and unloading a pistol and a carabine of
caliber .22 LR, aim in a safe direction, place the weapon safely,
check the chamber and land the open weapon and appointed equally in a direction
secure.
iii) Practical technical execution test, verifying that the candidate is able to perform
in safety a concentration of 10 shots with 20 cm to 10 meters, using a
compressed air pistol or 10 cm in diameter, under the same conditions, using
a carabine of compressed air.
b) For the issuance of federative license E;
i) Written test on the constant theoretical matter of paragraph 1 of this article;
ii) Practical test focusing on the transport of the weapons
iii) Practical test on the safety and handling of weapons, their loading and
unloading
iv) Test run practice.
3-A prior instruction of the candidates and their presentation at the places determined for
the tests are the responsibility of the Clubs to which they belong.
4-The dates and venue of the tests, as well as the nominal list of the candidates, are
previously communicated to DN/PSP.
5-A The carrying out of the tests referred to in this article is accompanied by a
element of the PSP, to whom it competes to ensure compliance with the law.
Article 16º
Validity and revocation of federative licences
1-The federative licences lapse when:
a) Do not be renewed until the date of their term;
b) Do not be issued or cesse, for any reason, the licence referred to in paragraph (a) of the
article 3º of this diploma;
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c) Orun the dissolution of the club in which the holder shows off.
2-The federative licences are revoked in the following cases:
a) If your holder is the target of federative disciplinary sanction for violation of the rules of
safety or for anti-sport practices;
b) If your holder, at will, irresponsibility or manifests disability,
causing damage to the infrastructure or other goods under guardia or liability of the
respective Federation or of the Clubs their affiliates, or in them use weapons or ammunition
inappropriate;
c) If your holder has not complied with the legal determinations relating to your
maintenance;
d) If your holder ceases sports activity;
Article 17º
Acquisition of weapons and ammunition
1-It is up to the respective Federation, the application of the clubs and their associations,
present to the DN/PSP the applications, in the name of natural or legal persons, to
acquisition of firearms with gutted soured pipe and its ammunition.
2-Of the applications relating to the weapons referred to in the preceding paragraph, the following are listed
elements:
a) Identification of the holder in the name of whom the weapon is going to be acquired;
b) Identification of the club where the acquirer is enrolled, in case it is a person
singular;
c) The type of weapon intended, the brand, the model and the caliber, accompanied by
figurative elements, when requested, as well as to appear mandatory on the
your sporting aptitude;
d) Type of federative license possessed by the acquirer, when natural person;
e) Comoration of the idoneity of the President and vowels of the direction of the shooting clubs,
when the weapons are acquired in the name of these.
3-Of the applications relating to the purchase of ammunition of more than .22 caliber, are listed
following elements:
a) Quantitative intended, with the indication of the caliber and type of projectile installed;
b) Identification of the shooters to which they are intended;
c) Quantitative intended for the club or association for the training of shooters.
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4-The subsequent acquisitions of ammunition become dependent on the presentation of the maps
of consumption as referred to in point (e) of Article 11º (1).
5-In all cases referred to in the preceding n. s.
existence of appropriate safety conditions for the guard of arms and ammunition,
whose authorization to purchase is required.
6-A refusal to issue the authorisations provided for in this article is always
substantiated, in the legally applicable terms.
Article 18º
Characteristics of own weapons for sport
1. Considering guns fit for the practice of sporting shooting in their different
modalities and disciplines:
a) Tiro sport of precision:
i) Compressed Air: pistols, revolvers or carabines of 4.5mm caliber, with
adjustable point apparatus, using air or gas as a booster;
ii) Tiro with bullet, up to .22 gauge of anellar percussion: pistols, revolvers and carabines
that use only ammunition with officially admitted initial speeds,
smooth, non-expansive lead projectable with adjustable pond system and
mechanism of firing adjustable, single shot or repetition in the carabines, and of
simple, repetitive or semi-automatic shot in the pistols or revolvers, whose
total length cannot be less than 220mm;
iii) Tiro with bullet in caliber .32 and .38: pistols or revolvers with length
total not less than 220mm, which use, exclusively, ammunition of the calibers
.32 S&W Long Wadcutter to .38 Special Wadcutter, with pontery system
adjustable and mechanism of firing adjustable;
iv) Tiro with bullet, in calibers between 6mm and 8mm: carabines using ammunition
between 6mm and 8mm, with fully encamped projectiles (FMJ) non-perforating,
arsonists or dashed, with adjustable and simple shooting system or
of repetition;
b) Recreation sport tiro: all weapons of propulsion by compressed air or gas,
of bullet of the caliber up to .22 of anellar percussion and soulful soul pipe down to the caliber of
9mm;
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c) Dynamic sports Tiro: Pistols or revolvers using ammunition of the caliber
minimum 9x19mm or .38 and maximum 11 ,4mm or .45, with lead projectiles or
fully encamped (FMJ type) of ogival or trunk-conical profile, with the tip
rounded, with the velocities at the mouth of pipe determined by the regulations
international modality, with the minimum length of the pipes of 105mm in the
pistols and 4 " (101 ,6mm) on the revolvers;
d) Pistol Sport 9mm: pistols of calibre 9mm, which use lead projectiles or
fully encamped (FMJ) of ogival or trunk-conical profile, with the tip
rounded off, with a distance between miras superior 153mm, not being allowed to
application of extenders for your support;
e) Black pólvora: originals or replicas of industrial production of gunpowder weapons
black from mecha, pederneira or percussion, accepted by the international body
regulator, with the exclusion of any prototype, yet certified in bank of
official evidence.
f) Ordinance: carabines and pistols whose use for campaigning or garnishing has been
determined by the army formerly at 1960, with the calibers understood
between 6 and 8 mm for the shotguns and between 7.65 and 9 mm for the pistols.
g) Sport tiro with shotguns: all long guns with soulful soul pipe,
recognized by the respective Federation as their own for sport shooting
developed under your aegis.
2. Without prejudice to the provisions of the preceding paragraph of this Article, they are still considered
apt for sport shooting all civil use weapons that meet homologous
by national or international sporting bodies.
3-When required by the respective regulations, the weapons intended for the practice of the
precision shot and dynamic shooting must possess a minimum trigger weight for
carry out the firing.
Article 19º
Maximum gun limit per shooter
1-Considering the type of federative license possessed, as well as the modalities and
disciplines practiced, the following limits of detention establish themselves:
a) For federative licence holders B, two weapons per discipline or modality;
b) For federative licence holders C:
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i) In the dynamic sport shooting, three guns per division up to the maximum of six weapons;
ii) In the precision sport shooting, two weapons for the sport pistol modality 9
mm and four weapons of ordinance, two by discipline;
c) For federative license holders D, four weapons;
2-For the purposes set out in this Article, the sets or systems for conversion of
calibers are accounted for as a weapon.
Article 20º
Master Shooter
1. The Federations that tutele the sporting shot of precision or dynamical can ascribe
the distinction of Master Shooter to practitioners who have achieved scores
relevant in the modalities practiced under your aegis.
2. To the Atiratory Masters is allowed to purchase weapons beyond the limits
set out in Article 19º, provided that appropriate to the practice of the modality in which
have obtained the distinction.
3. To the Atiratory Masters who cease their competitive activity, as long as they do not
have been the subject of federative disciplinary sanction, administrative cassation,
judicial conviction for the practice of crime or to have been applied for security measure
that prevents them from detaining firearms in their possession, is allowed to keep guns
acquired in that capacity, under the legal provisions relating to detention
domiciliary, or upon reclassification to another applicable license, under information
of the respective Federation or Collectors Association, within their
competencies.
Article 21º
Veteran shooters, incapacitated or who voluntarily cease their activity
To shooters that by age, or by suitably proven physical impossibility,
it is not possible to maintain sports activity, as well as to all those who cease
voluntarily its activity, the scheme provided for in paragraph 3 of the article may be applied
previous.
Article 22º
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Recharge
1. The ammunition recharge is authorised to the holders of the federative licences B, C and E, and
be governed by the provisions of this article.
2-A the purchase of powder and fulminants is made upon application directed at the
DN/PSP and previously informed by the respective Federation that it should draw up a
individual registration of each shooter;
3-A sale by armeiro or powder watertight and fulminants for recharging can only
occur upon substantiation of possession of the licences referred to in paragraph 1, and of the
authorization issued by DN/PSP, being registered on a map of its own.
4-The rechargeable ammunition is intended exclusively for the sport's use of the shooter
which produced them, being only allowed for the purpose of using powder and
fulminants of industrial production.
5-No embargo of the quantities of components of which the shooter possesses, is prohibited
the possession in excess of five hundred ammunition recharged at each time, owing the
same to be registered on the consumption map of the shooter, certified by his
Federation.
6-A guard and conservation of refill components by the clubs depends on the preview
certification of the necessary conditions by DN/PSP, which will also define the
storable quantities.
Article 23º
Black powder
1. The acquisition and use of the inflammable components for black powder weapons is
permitted to clubs and federative licence holders B and E, enabled with the
course referred to in paragraph (b) of Article 14º (b) (b) of Article 14º, the
provisions of paragraphs 2 a to 4 of the previous article and staying, still, subject to the following
conditions:
a) The maximum amount of gunpowder acquired annually by shooters in the name
individual cannot exceed the 1,000 grams, by maximum parcellaring acquisitions of
500 grams;
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b) Saved at the time of the acquisition, the transport of quantities of
black powder exceeding 200 grams, and should always be carried in
individual containers with the maximum capacity of 5 grams;
c) Saved at the time of the acquisition, the transport of quantities is not permitted
greater than 100 fulminants, and a suitable container shall be used;
2-For the execution of international competitions, the organization of the proof providence the
supply of powder and fulminants to the participants, upon authorization
express from DN/PSP, under duly substantiated proposal of the respective
Federation.
Chapter III
Collectionism of firearms and their ammunition
Article 24º
Associations of gun collectors
1-The Associations of collectors are the entities entitled to the organization of the
historical study, conservation, preservation and museological exposure of weapons and their
accessories.
2-The Associations of collectors are accredited by dispatching the Minister of
Internal Administration.
Article 25º
Competencies
In the development of its assignments, it competes especially with the Associations of
recognized collectors:
(a) issuing opinions, with a binding character, on the historical, technical interest or
artistic subject of the thematic of the collections of its affiliates;
b) Organise colloquia, seminars and lectures on the subjects under study,
notably the knowledge and preservation of the national historical heritage;
c) Organize and take over the technical direction of Museums as well as cultural samples
and historical;
d) Promote historical reconstitutions;
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e) Advise, where it is requested by DN/PSP, the work of peritage
and classification of weapons;
f) Check and certify the safety conditions in which the collections are located
of their affiliates;
g) Assuring, as a condition of membership, the suitability of its members;
(h) Comment, on the historical, technical or artistic interest, as well as its
thematic insertion, of any weapon whose acquisition is intended by one of its
filtered;
i) To ensure the realization of courses and tests concerning the knowledge for the
detention of a collector's license;
j) Communicate to DN/PSP the emergence of weapons in illegal or unmanifest situation;
Article 26º
Certificate of Aptitude
1-It is the responsibility of the duly accredited Associations, the evaluation of the
applicants for the granting of a collector's licence, whose approval in their own examination
confers on them a certificate of aptitude.
2-The examination referred to in the preceding paragraph is aimed at the following subjects:
a) the legal regime of arms and ammunition;
(b) regulations relating to detention, use and possession of a weapon;
c) Safety of the handling of all types of firearms of civil use;
d) Knowledge concerning the mechanisms of firing and its historical evolution;
e) Knowledge concerning the studies of the evolution of the ballistics of effects;
3-The evaluation process is composed of the following successive and eliminating phases:
a) written test on the constant theoretical matter of the preceding paragraph of this article;
b) Practical handling of handling, having the candidate to perform correctly the
security operations, of loading and unloading various types of weapons from
deal with the chosen theme, aim in a safe direction, place the weapon
safely, check the chamber and land the open weapon and pointed equally
in a secure direction.
c) practical test of technical execution;
4-It shall apply to the tests referred to in the paragraphs above the provisions of paragraphs 3 a to 5 of the
article 15º.
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5-Stay dispensed from the tests referred to in the preceding paragraph, all those interested that already
possess, or are exempted from possessing, license to use and possession of weapon of the
classes B and B 1.
Article 27º
Thematic collections
Thematic collections of non-obsolete ammunition up to two copies are admissible
by type, as well as the collectionism of alarm guns, firearms replicas,
unutilized firearms and white weapons.
Article 28º
Conditions of safety
1-A The granting of a collector's licence obliges the person concerned to possess conditions of
security for the guard of your firearms.
2-In case the person concerned does not pose any security conditions for the domicile custody of the
your weapons, can the same be raised or exhibited at the Museum premises
of the Association where to show themselves filleted.
3-Applying to the collectors of firearms, with the due adaptations, the
regulated safety rules for arms trading establishments and
ammunition.
4-All shootings carried out with collection weapons must be recorded in book
own, provided by the Association of collectors, and annually seen and
certified by DN/PSP.
5-Sports events with collection guns are only allowed in encounters
of collectors or at commemorative parties, owing the same proceeding under the
égide of a recognized collectors ' Association and respected the conditions
of safety required of sports shooters.
6-In the historical reconstitutions only the saves shot is allowed.
7-The holders of a collector license may apply for the DN/PSP a
license of use and weapon possession of class B1, exclusively for defense purposes
personnel either in the transport of collection weapons, or in the respective domicile when
the collection finds itself seated at your residence.
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Article 29º
Conditions of security of the Museums
1-Museums of collectors ' Associations are authorized by dispatch of the
National Director of PSP.
2-The Museums of the collectors ' Associations are endowed with exhibitors
inviolable and mechanisms and safety systems that allow for surveillance
permanent.
3-Where technically possible, one or more essential parts must be removed
or other mechanisms, from firearms on display to the publico.
4-The facilities are to be still donated from grids on the windows and security door in the
access to the outside.
5-Museums may contain a section for restoration, repair and preservation of the parts
that are part of their estate, as well as of their affiliates.
6-Employees of Museums, who may have contact with weapons, must possess
suitability sufficient for the purpose, to be affixed to this in the terms of the provisions of
obtaining a permit of use and weapon possession of type B 1.
7-Are applicable to the Museums of the collectors ' Associations, as to the installations
where they keep the weapons, in the applicable part, the safety conditions required for the
arms and ammunition trading establishments.
Article 30º
Acquisition of firearms
1-Collector's licence holders may acquire for their collection, in
function of the prosper-themed subject, weapons of classes B, C, D, E, F and G.
2-A The issue of purchase authorisation, when required, is conditional on the
verification of the conditions referred to in Section I, Chapter III, of the General Law on
weapons and their ammunition, as well as proof of the historical, technical or artistic interest
of the said weapon, upon declaration by the Association of collectors in which the
even if it shows filleted.
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3-The Associations of collectors with Museum may apply for permission from
purchase of any weapons of the types referred to in paragraph 1 of this article, provided that
are the same intended solely for the exhibition.
4-License holders of collectors may also apply for permission from
purchase of weapons solely intended to be exhibited in Museum.
5-When it is in question the purchase and recovery for the national historical heritage
of weapons from classes B, C or D, Portuguese, or produced under order
portuguese, acquired in international legal trade, must DN/PSP ensure in
deadline for the fulfillment of the legal conditions of import or transfer which,
for the purpose and attest the concrete circumstances, if shown to be appropriate.
6-Mediant authorization of DN/PSP, can the Associations of collectors
arranging fairs, cultural samples and arms sales auctions with historical interest,
being admitted to participate and bidding solely persons qualified with the licence
of collectors or with another that allows you the possession of the intended weapon.
7-In the case referred to in the preceding paragraph the weapon or weapons bid shall be delivered only after the
course of the process of issuing the competent purchasing authorisation.
Article 31º
Weapons using obsolete ammunition
The weapons using obsolete ammunition, namely the Annex to the
General law on weapons and their ammunition can be held, regardless of the
titration of a collector's license, in the following cases:
a) At the domicile of the possessor;
b) in public or private museological spaces;
c) In manifestations of artistic character;
d) At fairs, cultural samples and arms sales auctions organized in the terms
of the provisions of paragraph 6 of the preceding Article.
Article 32º
Black powder
1. On the acquisition and use of the flammable components for black powder weapons, it is
applicable the provisions of Article 23º, with the following specifications:
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a) The habilitation required for the shot with black powder weapons is given upon
approval in appropriate course provided by trainers accredited by the respective
Association of collectors;
b) The maximum amount of powder to be acquired annually by each of the
collectors can't exceed the 3,000 grams, by maximum partial takeovers
of 1,000 grams;
c) Without prejudice to the rules of accommodating the components and the initial acquisition,
it is not permitted to transport quantities of black powder and fulminants
higher than, respectively, 500 grams, and 500 fulminants;
2-For the execution of historical manifestations or reconstitutions or events
sports may be authorised by DN/PSP the acquisition by the Association of
collectors of powder quantities higher than those referred to in paragraph (b) of the n.
previous, as well as their yielding to foreign participants.
Chapter IV
Criminal and counterordinate liability
Article 33º
Applicability
They apply, in the present scope, the standards provided for in Chapter X of the General Law on
weapons and their ammunition, as well as the rules set out in this Chapter.
Article 34º
Incidental probation of interdiction of the exercise of official activity
1-Can incur the temporary interdiction of performance of any posts in the
federations and associations provided for in this diploma, the leaders, responsible
or representatives of those, who are condemned, on a dolly basis and under any
form of participation, by the practice of crime or counterordinance committed with
serious deviation from the scope, object and social purpose of the activity pursued
by the respective collective entity or with serious violation of the duties and rules that
discipline the exercise of the activity.
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2-A interdiction has the minimum duration of 6 months and maximum of 10 years, not counting
for this purpose the time in which the convict has been subject to measure of
coeriton or in penalty enforcement or execution of safety measure
deprivation of liberty.
3-The exercise of the activity interdicted in the terms of this Article, as well as the
practice of any act in which the same translates, is punishy as a crime of
qualified disobedience.
4-To the interdiction referred to in this Article shall apply to the provisions of paragraph 3 of the article
90º of the General Law on guns and their ammunition.
.
Article 35º
Specific counterordinational liability
1-The exercise of activity without preexistence recognition or accreditation to
which refer to, respectively, paragraph 1 (1) and Article 24 (2), is punished with
a fine of 1500 a to 15000.
2-Who does not observe the provisions of the following provisions of this diploma:
a) In Article 31, it is punished with a fine of 2000 a to 20000
(b) in Article 28 (1), it is punished with a fine of 1500 a to 15000;
(c) in Articles 13, 14, in Article 28 (5) and (6) (a) to (c) of paragraph 1 of the
article 23 and in points (b) and (c) of Article 32 (1), is punished with fine of 700 a
7000;
d) In paragraphs 2 a to 4 of Article 6, in Article 8 and (j) of Article 25, it is punished with
a fine of 600 a to 6000;
(e) in Article 7 (2), (e) (h) of Article 11 (1), (a), (b),
(c) and (e) of Article 12 and paragraph 4 of Article 28, is punished with a fine of 250 a to 2500;
3-For the purposes of previous n. s, they are jointly and jointly and severally responsible the
elements of the direction of the federation or association or, if there are no social bodies,
the signatories of the constitutive document of the said entities.
Chapter V
Final and transitional provisions
Article 36º
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Special authorizations
1-The import and export of weapons, essential parts of firearms, is permitted,
ammunition, cartridges or casings with fulminants or only fulminants by the
shooting federations and associations of collectors with museum as well as holders
of sports or collector's licences, provided that authorized by the National Director
of the PSP, observing, with the necessary adaptations, the scheme provided for in the Chapter
VII of the General Law on weapons and their ammunition.
2-A conducting sports evidence and the realization of cultural initiatives or
historical reconstitutions of recognized interest, the nature of which is not shown to be adjusted
to the provisions of this degree, they are the subject of their own authorisation, granted by the
National Director of PSP, upon analysis of the security conditions of the event,
appreciation of the suitability of the participants and the quality of the respective promoter.
Article 37º
Duty of information
1-The shooting federations and the associations of collectors communicate
obligatorily to DN/PSP the identity of the holders of the respective social bodies and
prove their suitability, as well as specially-enabled technicians who
have at their service.
2-Compete to the shooting federations the fulfillment of the obligation laid down in the preceding n.
in the cases of their federated associations and the clubs in these enrolled.
3-When to proceed to elections for the social bodies of the entities referred to in the
this article, the shooting federations and associations of collectors communicate to the
DN/PSP to its new composition, within the 60 days subsequent to suffrage.
Article 38º
Listings of federated clubs
Sports Federations must deliver at DN/PSP, within 180 days of the
entry into force of this diploma, the listing of all associations and clubs in them
federates as well as the listing of their shooters and the types of sports licences of
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who are possessors, duly converted to the federative licences, referred to
in the present diploma.
Article 39º
Application for allocation of collector's licence
1-Together with the application for the allocation of the collector's licence, and in the
period of 180 days counted from the entry into force of this Law, it shall be attached to
relation of the arms set out in the collection, by holding the applicant in his possession.
2-The unmanifested weapons in the possession of the applicant are, without another formality,
manifested free of charge in the name of the same.
3-The weapons manifested in the name of a different person, deceased or whereabouts
unknown are manifested free of charge on behalf of the applicant, making this a
proof, by any means, of its acquisition.
Article 40º
Delegation of competences
The competences assigned in this Act to the National Director of PSP may be
delegated, in the terms of the law.
Article 41º
Fees due
1-A submission of applications, the granting of licences, and their renewals, of
permits, the realization of surveys and examinations, the manifestos and all the subject acts
the order, provided for in this diploma, are dependent on payment by the
interested in the rate fixed by the competent porterie concerning the general scheme of use and
weapon size.
2-The acts aimed at the recognition of sports federations and the accreditation of the
collectors ' associations shall be exempt from the payment of any fees.
Article 42º
Start of effective
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This Law shall come into force on the day following that of its publication.