The Second Amendment To Law No. 5/2006, Of 23 February, Which Approves The New Legal Regime Of The Guns And Their Ammunition

Original Language Title: Procede à segunda alteração à Lei n.º 5/2006, de 23 de Fevereiro, que aprova o novo regime jurídico das armas e suas munições

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449794d6931594c6d527659773d3d&fich=ppl222-X.doc&Inline=false

1 PROPOSAL of law No. 222/X explanatory memorandum in the democratic constitutional State, the use of arms, as a rule, the security forces for protection of the rights, freedoms and guarantees of citizens, maintaining public peace and strengthening the authority of the State. Thus the possession of illegal weapons or the use of weapons in the Commission of crimes must be especially repressed in order to respond in an appropriate manner and proportional to the violent and serious crime. For this reason, the present law provides for the increase of the crime of possession of prohibited weapon and of the crimes committed with a gun. In addition, provides for the detention, in or out of flagrante delicto, agents of weapon prohibited detention crimes or crimes committed with a gun, as well as the applicability of custody in all cases of detention of prohibited gun crimes and of crimes committed with the gun, the corresponding prison sentence whose upper limit for more than three years. All crimes committed with guns are the subject of a special one-third aggravation in their minimum and maximum limits. This rule works in accordance with the principle of subsidiarity and with criminal and procedural principles, so the aggravation applies only if other, more serious, is not established and the use of weapon does not constitute an element of the crime. On the other hand, this law receives the lessons of law enforcement over the past two years, introducing the adjustments proved to be necessary. In the latter sense, perfect if some pre-existing legal definitions concerning types of weapons, particularly the white weapon, firearm transformed and reproduction of a firearm for recreational practices (softair).

2 it is established now that weapons can only be assigned to the activity which prompted the concession, safe order of the National Director of the reasoned request of the person concerned the PSP. Regulates the regime of acquisition, possession, use and possession of weapons intended for sports activities, training of animals, public or private museums, scientific or industrial research and use in theatrical, cinematographic achievements or other artistic nature shows. Specific changes are introduced in order to allow for the full practice of certain sports activities, namely, martial arts and softair. Is restricted to purchase of air guns for the recreational practice of fun activities to over 18 years. Are subject to approval the weapons and ammunition intended for sale, acquisition, transfer, possession, use, import, export and transfer and prohibited the import, export, transfer and trade in national territory, weapons and ammunition not approved. Clarifies that the exemption situations or waiver of license legally envisaged are correspondingly apply the obligations laid down for license holders. Permission is granted to use and carry firearms for hunting the largest of 16 and under the age of 18, duly accompanied by the holder of parental authority and on condition that this is the owner of the weapon used by the smaller and has a license. The technical and civic training courses for the use and possession of weapons shall also cover electrical weapons and aerosols and the updating of courses aimed at hunting license holders shall be held in every 10 years. Perfect the system of arrest and custody of arms, passing the guard be made into safe portable. It is limited to the acquisition of ammunition, not being allowed to holders of licences (C) and (D) the detention of more than 1000 ammunition or of more than 250 ammo, respectively, unless special authorization 3. Governed the granting of permits of dealer for pursuit of the activities of manufacture, sale or repair of weapons and their ammunition, for scenic effects or film and for sale and auction of guns when intended for collection. The development of activities of dealer licence holders is only allowed in establishments licensed for that purpose and in accordance with the security rules defined and expressly prohibited the Commerce of arms. Passes to form special obligation of the dealer to inform the buyer of the gun on the respective safety requirements. Clarify some procedures of import and export of weapons and ammunition. Creates a regime for the temporary transfer of arms intended for the hunting season practices, sports competitions or fairs of collectors, recognized by their federations or associations, at the request of their owners or the bodies that promote such initiatives. Become facts subject to registration the registration and registration of holders of firearms and their characteristics. Will the PSP, maintain, organize and make available a computer file of national weapons learned, carry out your statistical analysis and technique and disseminate information to national and foreign entities. To this end, all entities that proceed to the seizure of firearms, communicate the arrest to your PSP, for the purpose of centralizing and processing of information, in accordance with the rules to be laid down by order of the competent Government members. The crime of possession of prohibited weapon passes to cover any products or explosive substances. Become contravention the allocation of diverse activity of authorized weapon and the change of the characteristics of firearm reproductions for recess. Will be seized all firearms, ammunition and their licenses and manifests, or 4

other weapons when they meet outside the legal conditions or in breach of the requirements of the competent authority. Finally, in terms of special operations of criminal prevention, the PSP checking for weapons, ammunition, substances or products referred to in this Act which are in transit in the international zone, with the possibility of opening of packages and containers for your destination and provenance evaluation. Are even taken into account paragraph 91 directives/477/EEC and no 2008/51/EC. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: article 1 amendment to law No. 5/2006, of 23 February articles 1 to 5, 7, 8, 11, 12, 15, 17 to 19, 21, 22, 24, 26, 28, 30, 32, 34, 35, 39 , 41, 42, 43, 47, 48, 51 to 53, 56, 60, 62 to 64, 67, 68, 70, 71, 73, 74, 77, 79, 80, 84, 86, 87, 89, 91, 95, 97 to 99, 107 to 109 and 113 of the law No. 5/2006, of 23 February, which approves the new legal regime of the guns and their ammunition, as amended by Act No. 59/2007 , of 4 September, are replaced by the following: ' article 1 [...] 1 - […]. 2 - […]. 3-Are still excluded from the scope of this law the activities referred to in paragraph 1 relating to firearms whose manufacturing date is earlier than the December 31 1890. 4-are also excluded from the scope of application of this law the swords, sabres 5, billfish and other weapons traditionally intended for honors and military ceremonial or other official ceremonies. 5-the holding, use and possession of weapon for military personnel of the permanent tables of the armed forces and by members of the forces and security services are governed by their own law. Article 2 [...] For the purposes of this Act and your regulation and with a view to standardization, the following definitions shall apply: 1-types of weapons: a) «defense» Aerosol, all the portable container of compressed gases whose fate is only to produce gas discharges momentarily neutralizing the aggressor and capacity for your presentation and characteristics, be confused with other weapons or objects; b) […]; c) […]; d) […]; e) […]; f) […]; g) «sports» compressed air weapon, BB gun by a Federation sport recognized as suitable for the practice of sport shooting and approved by the national director of the PSP; h) […]; i) […];

6 j) [...]; l) «melee weapon», the whole object or portable instrument equipped with a blade or other cutting or surface-piercing round with a length of 10 cm across the extension or blade exposed surface or with blunt cut, as well as destined to throw blades, arrows or virotões, regardless of its size; m) […]; n) ' Weapon ' power, all the portable system powered by energy source and designed only to produce electric shock momentarily neutralizing the human motor skills, and by your presentation and characteristics, be confused with other weapons or objects; o) […]; p) […]; q) […]; r) […]; s) […];

t) ' firearm transformed», the device suitable to be converted into a firearm, or by a mechanical intervention modifier obtained characteristics that enable it to function as a firearm, or the object may be modified to fire bullets or projectiles through the action of a propelling charge, since that has the appearance of a firearm, or due to your construction or material from which it is manufactured , can be modified to this effect;

7 u) [...]; v) […]; x) […]; z) […]; AA) [...]; AB) [...]; AC) [...]; ad) ' Reproduction of a firearm for recreational practices», the portable engine with the setting of a firearm of classes A, B, B1, C, D, or partially painted in 50% of your surface, with fluorescent color, yellow or red, with indelible characteristics set by order of the national director of the PSP, so as not to be liable to confusion with the weapons of the same classes , fit only to shoot non-metallic sphere whose energy off the mouth of the barrel not exceeding 1.3 J and approved by the National Directorate of the PSP;

AE) [...]; AF) [...]; AG) [...]; Ah) [...]; AI) «Bat» extensible, extendable portable instrument, flexible or rigid, intended to be wielded as a means of aggression or defense;

8 aj) [previous subparagraph ai)]; Al) [previous subparagraph aj)]; am) [previous subparagraph al)]; an) [previous) (am)]; the ' Stylus ') melee weapon, or instrument with white gun configuration, consisting of a penetrating Rod without a handle and cutting regardless of their dimensions; AP) "Star released» the melee weapon, or instrument with white gun configuration, star-shaped with sharp tips that intended to be thrown manually regardless of their dimensions; AQ) «throwing Knife» melee weapon, or instrument with white gun configuration, consisting of a blade with a cutting and drilling area and another designed to be wielded or serve as counterweight in order to be released manually, regardless of its size; AR) «Butterfly» knife melee weapon, or instrument with white gun configuration, consisting of a hinged blade in a cable or handle divided lengthwise into two parts also articulated among themselves, in such a way that the opening of the blade can be obtained instantly by a fast moving one hand regardless of their dimensions; the ' automatic opening knife) or Switchblade» melee weapon, or instrument with white gun configuration, consisting of a shaft or handle terminating a blade, whose availability can be obtained instantly by the action of a spring under tension or other equivalent system regardless of size 9; at) [previous subparagraph)]; AU) [previous) (at)]; AV) [previous subparagraph au)]; AX) ' firearm ' Reproduction, the portable engine with the setting of a firearm which, by your presentation and features, can be confused with the weapons referred to in classes A, B, B1, C and D; AZ) «Revolver», the short firearm, equipped with drum containing several cameras; AAA) ' easy with military weapons», the weapon that, by your configuration or features, is likely to be confused with equipment, military and war material or considered as such.


2-Parts of firearms:) [...]; b) […]; c) […]; d) […]; e) […]; f) […]; g) […]; h) […]; i) […];

10 j) [...]; l) […]; m) […]; n) […]; o) […]; p) […]; q) […]; r) […]; s) […]; t) […]; u) […]; v) […]; x) […]; z) […]. 3-Ammunition of firearms and their components: a) [...]; b) […]; c) […]; d) […]; e) […]; f) […]; g) […]; h) […];

11 i) [...]; j) […]; l) […]; m) […]; n) […]; o) […]; p) […]; q) […]; r) […]; s) […]; t) […]; u) […]; v) [Repealed]; x) […]; z) […]; aa) […]; AB) «save ammunition or alarm» the ammunition without projectile and designed only to produce a sound effect at the time of the shooting. 4 – […]. 5-other definitions:) [...]; b) […]; c) […];

12 d) [...]; e) […]; f) […]; g) […]; h) […]; I) «Establishment» fun, all public or private places, constructed or adapted for the purpose, following a municipal licensing process which are running essentially as bars, clubs and the like, electric or manual games rooms and fun fairs;

j) «civil», all Explosive substances or explosive products whose manufacture, trade, transfer, import and use is subject to authorisation by the competent authority; l) «explosive device or improvised incendiary», all those using explosive or incendiary substances or products of manufacture unauthorized craft; m) (…); n) (…); o) (…); p) ' carriage of weapon ' means the Act of transferring a gun unloaded and disassembled or desmuniciada from one location to another, so as not to be liable to immediate use; q) […]; r) […];

13 s) [...]; t) ' Importation ' means the introduction or entry tax boundaries of the national territory, of any goods, as well as your stay in customs or international zone resort awaiting the legal proceedings, when imported from third countries; u) ' export ', the output of the fiscal limits of the national territory of any goods destined to a third country, as well as your stay in customs or international zone resort awaiting the legal proceedings;

v) ' transit ' means the passage through the national territory, pending legal procedures, of any goods from a third country and intended for export or transfer to another State; x) ' type-approval ' weapons and ammunition, the approval of brand, model, and other technical characteristics of weapons by the national director of the PSP, to appear in a catalog. Article 3 [...] 1-[...]. 2-Are weapons, ammunition and accessories of the class: a) The equipment, military and war materials or classified as such by the relevant entity of the Ministry of national defence; b) […];

14 c) [...]; d) […]; e) […]; f) […]; g) […]; h) defence aerosols not listed in subparagraph (a)) of paragraph 7 of this article and the launch customers of gases or weapons concealed in the form of another object;

I) The electric batons or extended, for the exclusive use of the armed forces or forces and security services; j) other appliances that emit electric shocks without the characteristics listed in point (b)) of paragraph 7 of this article or concealed in the form of another object; l) […]; m) […]; n) […]; o) […]; p) […]; q) ammunition with penetrating, explosive, incendiary bullet, tracejante, desintegrável, saves or alarm; r) […]; s) The telescopic sights, except those who have employment for any hunting season or federated sports practices; t) weapons classified as equipment, military means or material 15 of war or the military armed attempt. 3 - […]. 4-weapons of class B1: a) semi-automatic pistols with the calibers 6.35 mm or. 25; b) revolvers with the caliber. 32.5-[...]. 6 - […]. 7-weapons of class and: a) aerosols with gas, whose active ingredient is capsaicin or Oleoresin capsicum (pepper spray) with a concentration of not more than 5%, and which cannot be confused with weapons from another class or other objects; b) electrical weapons up to 200 000 volts, with safety mechanism and which cannot be confused with weapons from another class, or with other objects; c) firearms and their ammunition, industrial production, only able to fire bullets, metal or drive devices, designed to eliminate any possibility of lethal aggression and have earned approval from the National Directorate of the PSP. 8-Are weapons: class F) [...]; b) replicas of firearms when intended for ornamental purposes; c) firearms destroyed when intended for ornamental purposes; 9-Are weapons of class G: 16 a) [...]; b) […]; c) […]; d) […]; e) reproductions of firearms for recreational practices; f) compressed air guns. 10-for the purposes of hunting legislation, allowed the firearms referred to in (a)), b) and (c)) of paragraph 5 and under (a)), b) and (c)) of paragraph 6, with the exception of military weaponry confused with. 11-guns can only be assigned to the activity which motivated the granting, by order of the national director of the PSP, be assigned to more than one activity per reasoned request of the person concerned. Article 4 [...] 1-[...]. 2-Notwithstanding the previous paragraph, by special authorization of the national director of the PSP may be authorised the sale, acquisition, transfer, possession, use, import, export and transfer of weapons and accessories of the class intended for public or private museums, scientific or industrial research and use in theatrical, cinematographic achievements or other artistic nature shows , recognized cultural interest, with the exception of military and war materials whose authorization is the responsibility of the Minister of national defence sector supervision. 3-Notwithstanding the provisions of paragraph 1, by special authorization of the national director of the PSP may be authorised the sale, acquisition, disposal, 17

possession, use, import, export and transfer of weapons intended to alarm sporting activities or training of animals. 4-the authorizations referred to in the preceding paragraphs are claimed with justification of the motivation, the time-of-use and security plan. Article 5 [...] 1-[...]. 2 - […]. 3 - […]. 4-Notwithstanding the previous paragraph, by special authorization of the national director of the PSP may be authorised the sale, acquisition, transfer, possession, use, import, export and transfer of weapons and accessories of the class B intended for public or private museums, scientific or industrial research and use in theatrical, cinematographic achievements or other artistic nature shows , recognized cultural interest. Article 7 [...] 1-[...]. 2 - […]. 3-Notwithstanding the preceding paragraph, by special authorization of the national director of the PSP may be authorised the sale, acquisition, transfer, possession, use, import, export and transfer of weapons and accessories of the class C intended for public or private 18 museums, scientific or industrial research and use in theatrical, cinematographic achievements or other artistic nature shows , recognized cultural interest.

Article 8 [...] 1-[...]. 2 - […]. 3-Notwithstanding the preceding paragraph, by special authorization of the national director of the PSP may be authorised the sale, acquisition, transfer, possession, use, import, export and transfer of weapons and class D accessories intended for public or private museums, scientific or industrial research and use in theatrical, cinematographic achievements or other artistic nature shows , recognized cultural interest. Article 11 [...] 1-[...]. 2 - […]. 3-purchase reproductions of firearms for recreational practices is permitted by the national director of the PSP to over 18 years, upon declaration of sale and proof of registration in a sports promotion association recognized by the Sports Institute of Portugal, i. p. and registered with the PSP. 4-Notwithstanding the previous paragraph, to 18 years and 19 minors older than 16 years are allowed to purchase reproductions of firearms for recreational practices since authorised thereto by whoever exercises parental authority. 5-[previous paragraph 4]. 6-[previous No. 5]. 7-the acquisition of air guns, intended for recreational activities, over 18 years by the national director of the PSP upon purchase and sale statement. Article 12 [...] 1-[...]. 2-The exemption situations or waiver of license legally envisaged are correspondingly apply the obligations laid down for license holders. 3-the use and possession of weapon for who plays professional activities that require, other than those carried out by the armed forces and security forces and Services, shall be governed by order of the national director of the PSP. Article 15 [...] 1-C and D licences may be granted to over 18 years to assemble, cumulatively, the following conditions: (a)) [...]; b) […]; c) Demonstrate lack of license to practice hunting venatórios acts more or less, to the licenses of C or D, respectively, and are enabled with a hunter with gun or 20 show courts for lack of license for professional reasons; d) [previous subparagraph (c))]; e) [Former subparagraph (d))]; f) [previous article)]. 2 - […]. 3 - […]. 4 - […]. Article 17 [...] 1-F license is granted to over 18 years, bringing together, cumulatively, the following conditions: (a)) [...]; b) Demonstrate lack of license to practice martial arts sports, being athletes, recreational practices on private property and collectibles and replica firearms destroyed for purposes of ornamentation; c) […]; d) […]. 2 - […]. 3 - […]. 4-By order of the national director of the PSP, the request of the person concerned, through whom to exercise parental authority, can be allowed the acquisition, possession, use and possession of arms listed under (a)) of paragraph 8 of article 3 under the age of 18 years and over 14 years.

21 Article 18 [...] 1-the arrest of gun in the home is granted the largest of 18 years, for the sole purpose of possession of weapons in your residence, in the following cases: a) [...]; b) […]; c) When the weapons have been acquired by succession mortis causa and your market value, artistic or justified estimated. 2 - […]. 3 - […]. 4 - […]. 5 - […]. 6 - […]. 7 - […]. Article 19 [...] 1-[...]. 2-the special leave granted under the provisions of the preceding paragraph shall expire after 5 years or with the termination of service, if the expiry date has not been exhausted, and, in justified cases, be assigned use license and gun permit class B or B1 in accordance with the provisions laid down in paragraphs 1 and 2 of article 13 article 21 22 [...] 1-The civic and technical training courses for the use and possession of firearms class B1, C, D and e, with regard to electrical weapons and aerosols and for activity of dealer, are administered by PSP or by bodies accredited for this purpose by themselves. 2 - […]. Article 22 [...] 1-[...]. 2-license holders (C) and (D) shall undergo, in ten years, a course of technical upgrading and civics for the use and possession of firearms, provided in accordance with the previous article. Article 24 frequency of training courses for people with gun registration and frequency in the training course for people with weapon or for the pursuit of the activity of dealer depend on prior authorization of the PSP by means of evaluating the fulfilment of legal requirements for the grant of license.



Article 26 [...] 1-the certificate of approval for the use and possession of arms is the document 23

issued by the national director of the PSP, assigned to the candidate who has obtained the rank of fit in theoretical and practical evidence of aptitude test, proving that the examined can come to obtain a license for the use and possession of weapons of the same class is intended. 2 - […]. Article 28 [...] 1-[...]. 2-the frequency requirement of technical and civic training course for the use and possession of weapon of its class is replaced by proof of the corresponding update course, provided for in article 22, where required. Article 30 [...] 1-[...]. 2 - […]: a) […]; b) […]; c) identification of the brand, model, type and size; d) […]; e) […]. 3 - […]. 4 - […]. 5-[Repealed]. Article 32 Limits of detention and custody 24 1-the holders of the licence B and B1 is only permitted the arrest until two arms of its class, being the guard made in your safe. 2-The licensee (C) is only permitted detention up to five firearms this class, being the guard made in your portable safe or vault or fortified to guard the same, duly verified by PSP, whenever you have more than three guns in this class. 3-D license holder is only allowed to arrest up to five firearms this class, being the guard made in your safe or Cabinet portable security, duly verified by PSP, whenever you have more than three guns in this class. 4-to the holder of license of possession of gun at home is only permitted detention up to five firearms, being the guard made in your safe or Cabinet portable security, duly verified by the PSP. 5 - […]. 6-Can be exceeded the limits set out in paragraphs 2, 3 and 4, by special authorization of the national director of the PSP, at the request of the person concerned. Article 34 [...] 1-[...]. 2-the ammunition acquisition depends on the presentation of the Carnet manifest weapon, the license to use and carry firearms, ammunition record book and proof of the identity of the holder of the licence. Article 35 [...] 1-the purchase and sale of ammunition for the guns of classes C and D is free, 25 upon proof of the identity of the buyer, display of manifest their gun registration, license to use and carry firearms and itemized invoice of the ammunition sold. 2-the holders of licences C and D is not allowed the detention of more than 1000 ammunition for weapons of class D or more than 250 ammunition for weapons of class C, except by special permission of the national director of the PSP, on request based on the interested. 3 - […]. Article 39 [...] 1-[...]. 2 - […]: a) […]; b) […]; c) […];

d) Firing weapons solely in careers or fields of fire or in the exercise of venatórios acts, acts of hunting management, hunting activities, in particular the practice of hunting in specific areas for the effect, in sports or recreational practices evidence in rustic private properties in safety conditions; e) […];

26 f) [...]; g) […]; h) […]; i) […]. Article 41 [...] 1-[...]. 2-the short firearm must be carried safely in Holster or carrying case for your business, with safety device that prevents your involuntary drop, loss or theft, without any ammunition into the explosion Chamber, with the exception of handguns. 3-the gun, short or long, must be transported separately from their ammunition, with lock or trigger mechanism that would prohibit your use or disassembled so as not to be easily useable, purse or Kit suitable for the model in question, with appropriate security conditions. 4 - […].

Article 42 [...] 1-[...]. 2-[...]: a) the exercise of sports practice or venatórios acts, acts of hunting management and hunting activities, in particular the practice of hunting in specific areas;

27 (b)) (...); c) (…). Article 43 [...] 1-the carrier that physically separates the firearm must put it inside of a safe or Cabinet portable security, whenever required and with lock or mechanism that would prohibit the use of the same. 2 - […]. Article 47 [...] By order of the national director of the PSP, can be granted permits of dealer for pursuit of the activities of manufacture, sale or repair of weapons class B, B1, C, D, E, F and G and its ammunition, for scenic effects or film and for sale and auction of guns, when intended for the collection.

Article 48 [...] 1-taking into account the intended activity and security conditions of the facilities, are assigned the following types of licenses: a) Charter of dealer of type 1, for the manufacture, Assembly and repair of firearms and their ammunition; b) […]; c) […];

28 d) License of dealer of type 4, scenic and cinematographic purposes; and) 5 type of dealer License, for sale and auction of weapons intended for the collection. 2-the permits may be required for those who gather, cumulatively, the following conditions: (a)) [...]; b) […]; c) […]; d) Is holder of the certificate of approval for the pursuit of the activity of dealer or, in the case of a legal person, has a technical manager who fulfils the requirements of paragraph 1 (a))); e) […]; f) […]. 3-When the applicant is a legal person, the requirements mentioned under (a)), b), c) and (e)) of the preceding paragraph have to be present for all partners and managers or to the five largest shareholders or directors, as appropriate. 4 - […]. 5 - […]. 6 - […]. 7 - […]. 8 - […]. 9-the elements of the forces and security services and Armed forces, when on active service, not the pursuit of the activity of dealer. 10-gunsmith license holders can only exercise your activity in establishments licensed for the purpose, in accordance with the security rules defined, sticking to your activity to arms, munitions and equipment provided for in this law 29. Article 51 [...] 1-permit holders of dealer, in addition to other obligations of this law, are especially required to: a) [...]; b) […]; c) […]; d) […]; e) […]; f) Present the weapons transferred from another Member State, as well as its documentation, where requested by the competent authorities.

2 - […]. 3 - […]. 4 - […]. 5 - […]. 6 - […]. 7-The records shall be kept for a period of 20 years. Article 52 [...] 1-[...]. 2-it is up to the dealers or their employees to verify the identity of the 30

buyer, the existence of ' qualifying licenses, confirm and explain the characteristics and effects of the weapon and ammunition sold as well as the applicable safety rules. 3 - […]. Article 53 [...] 1-the holder of license of type 1 is required to record the weapons he produced the your name or brand, model, country of origin, and year of manufacture serial number and then the same to the PSP for the purposes of examination. 2 - […].

Article 56 [...] 1-is only allowed to carry out shooting with firearms in careers and fields of fire duly authorised or in the exercise of venatórios acts, acts of hunting management and hunting activities, in particular the practice of hunting in specific areas for the effect, in the sports and recreational practices in rustic private properties with security conditions. 2 - […]. Article 60 [...] 1-import and export of weapons, essential parts of firearms, ammunition and their components, cartridges and its components or wrappers, wrappers with percussion caps or just percussion caps and other accessories and spare parts 31 are subject to prior authorisation of the national director of the PSP. 2 - […]. 3 - […]. 4 - […]. 5 - […]. 6-the application, accompanied by the end-user certificate when the gun is intended for export, indicate the type, make, model, caliber, serial number of manufacture, other characteristics of the gun and the gun have been subject to the control of conformity.

7-prior to granting export authorization the PSP calls on the Ministry of Foreign Affairs opinion on the fulfilment by the country of destination of the criteria laid down in the European Union code of conduct on arms exports. 8-the opinion referred to in the preceding paragraph is binding and sent to PSP within 10 days after the request. 9-can only be accepted in the national territory the weapons approved by order of the national director PSP. Article 62 prior authorization for the temporary import and export 1-national director of the PSP may issue authorization for the temporary import or export of weapons intended for the venatória practice, sports competitions or fairs of collectors, recognized by their federations or associations, at the request of their owners or the bodies that promote those initiatives. 2 - […].

32 3-the authorisation contained in the type, make, model, caliber, serial number and other characteristics of the weapon and its quantities, the presence or absence of the country, as well as, where appropriate, the safety rules to be observed. 4-[Repealed]. Article 63 [...] 1-[...].

2-the expert can only be effected after the importer or exporter providing the data that have not been presented by the manufacturer at the time of the application for prior authorisation, concerning weapons, the essential parts of firearms, munitions, the cartridges or shells with percussion caps or just percussion caps. 3-[previous No. 2]. 4-[previous paragraph 3]. 5-When, following the expert referred to in the preceding paragraph, the weapons, ammunition and accessories are classified as military weapons, confused with the process of assigning authorizations to import, export, transfer, transit and transhipment terminates, the weapons are returned to the origin and the respective international notification process follows the provisions of the legislation applicable, itself under the Ministry of national defense. Article 64 [...] 1-import and export of weapons, essential parts of firearms, ammunition and their components, 33 cartridges and its components, enclosures with percussion caps or just percussion caps and other accessories and spare parts shall be carried out at offices of Lisbon, Porto, Faro, Ponta Delgada, Funchal and the Directorate General of customs and Special taxes on consumption. 2 - […]. 3 - […]. 4 - […].

Article 67 [...] 1-shipment or transfer of weapons, essential parts of firearms and their components, ammunition and cartridges and its components or casings, casings with percussion caps or just percussion caps and other accessories and parts of Portugal for the Member States of the European Union depends on authorisation, in accordance with the following paragraphs. 2 - […]. 3 - […]. 4 - […]. 5 - […]. 6 - […]. Article 68 [...] 1-admission or entry and circulation of weapons, essential parts of firearms and their components, ammunition and cartridges and its components or casings, casings with percussion caps or just percussion caps and other accessories and spare parts 34 from other Member States of the European Union depend on prior consent, when required, in accordance with the following paragraphs. 2 - […]. 3 - […].

4-the requirements of the preceding and following verification by PSP expert of the characteristics of weapons, essential parts of firearms and their ammunition, casings with fulminant or acute only where bearing the particulars referred to in paragraph 2 of the preceding article, shall be issued a permanent transfer, by order of the national director of the PSP. 5 - […]. 6-can only be accepted in the national territory the weapons approved by order of the national director of the PSP. Article 70 [...] 1-[...]. 2 - […]. 3 - […]. 4 - […]. 5-Are registered weapons owned by the applicant and those that are legitimate holder and user, as well as your loss or theft. Article 71 [...] 1-[...].

35 2-the prior approval referred to in the preceding paragraph is not required for the exercise of venatória or sports practice, since proven the point of travel, in particular, upon presentation of an invitation or other document proving the practice of hunting or target shooting in the Member State of destination.

Article 73 [...] 1-[...]. 2 - […]. 3-the issuing of registration is conditional upon completion of a test, in accordance with its own legislation. 4-[previous paragraph 3]. 5-[previous paragraph 4] article 74 [...] 1-the weapons that are not marked with the serial number, name or brand and origin, caliber and model cannot be accepted in the national territory. 2-the weapons that are not marked with the serial number, name or brand and origin, size and model, already in the national territory and have been acquired by succession mortis causa or as collectible are numbered, marked and subjected to puncture by PSP. 3-[previous No. 2]. 4-The ammunition produced, marketed and used in Portugal must be marked so as to identify the manufacturer, the identification number of the 36

batch, the calibre and the type of ammunition, in accordance with the rules to be laid down by order of the national director of the PSP.

Article 77 [...] 1-the holders of licences and permits provided for in this law or those to whom the relevant organic law or professional status assigns or dispensation of the use license and gun permit are civilly liable, regardless of your fault for damage caused to third parties as a result of the use of firearms which they hold or your exercise activity. 2 - […]. 3-with the exception of the holders of licences and or special license, when the gun is not of your property, is required for the conclusion of civil liability insurance contract with insurance undertaking which is transferred to your responsibility until a minimum capital set in joint Ordinance of the Ministers of finance and of the Interior. 4 - […]. 5 - […]. 6-holders of licences and permits provided for in this law or those to whom the relevant organic law or professional status assigned or dispensation of the use license and gun permit, shall prove, at any time and in supervisory headquarters, the existence of valid insurance. Article 79 [...] 1-Annually, the National Directorate for PSP organizes at least one sale at auction of the weapons that have been declared forfeited to the State, 37 seized or found and able to be placed on the market. 2 - […]. 3 - […]. 4-operating rules, obligations, requirements for granting and collect fees for issuing of permits of dealer 4 and type 5 are established by order of the Member of Government responsible for the area of internal affairs. Article 80 [...] 1-[...]. 2 - […]. 3 - […]. 4 - […]. 5-it is up to the PSP, maintain, organize and make available a computer file of national weapons learned, carry out your qualitative and quantitative analysis and disseminate information to national and foreign entities. 6-all entities that proceed to the seizure of firearms, regardless of your legal situation and the reason that determined the seizure, communicate the fact to the PSP, for the purpose of centralizing and processing of information, in accordance with the rules to be laid down by order of the competent Government members. Article 84 [...] 1-the powers conferred in this Act to the national director of the PSP can be delegated and subdelegated in accordance with law.

38 2-it is the national director of PSP issuing technical instructions aimed at establishing operating procedures within the legal regime of weapons and ammunition. Article 86 detention of prohibited weapon crime committed with a gun 1-Who, without even meeting authorized outside the legal conditions or otherwise to the requirements of the competent authority, holding, transport, import, transfer, store, buy, acquire any title or by any means or obtains for manufacture, processing, importation, transfer or export, use or bring with you: a) equipment, military and war materials , biological weapon, chemical weapon, radioactive or weapon capable of nuclear explosion, automatic firearm, explosive, or incendiary explosive device civil improvised is punished with imprisonment from 2 to 8 years; b) products or substances that are intended or may be aimed, wholly or partly, to be used for the development, production, handling, maintenance, storage, or proliferation of biological weapons, chemical weapons or radioactive weapons or explosions, or for the development, production, maintenance or storage of devices capable of delivering these weapons, is punished with imprisonment of 2 to 5 years; c) Gun of the classes B, B1, C and D, rifle or carbine easily dismountable in small size components with a view to concealment, your unmodified rifle smooth-barrel less than 46 cm, firearm disguised in the form of other objects, or firearm transformed or modified, is punished with imprisonment from 1 to 5 years or with a fine penalty up to 600 days;

39 d) weapon and class, melee weapon disguised in the form of other objects, automatic opening knife, box cutter, butterfly knife, throwing knife, throwing star, boxers, other melee weapons or devices or instruments without application set that can be used as a weapon of aggression and your carrier doesn't justify your possession, aerosols of Defense referred to in subparagraph (a)) of paragraph 7 article 3 , weapons launch customers, gas electric baton, electrical weapons listed in subparagraph (b)) of paragraph 7 of article 3 any machines or instruments constructed solely for the purpose of being used as a weapon of aggression, silencer, essential parts of the firearm, ammunition, as well as ammunition with their expansive, piercing projectiles, explosives or incendiaries, is punished with imprisonment up to 4 years or with a fine penalty up to 480 days. 2 - […]. 3-the penalties applicable to crimes committed with a gun are compounded of one third in its minimum and maximum limits, unless the size or use of weapon is its element type of crime or the law already provides for aggravation to the crime higher, depending on the use or carry firearms. 4-for the purposes set out in the preceding paragraph, it is considered that the crime is committed with the gun when any comparticipante bring, at the time of the crime, apparent or hidden weapon referred to in (a)) d) of paragraph 1, even if it is authorized or within the legal conditions or requirements of the competent authority. 5-In case some may be exceeded the maximum 25-year prison sentence. Article 87 trafficking and mediation of 40 weapons

1 - […]. 2 - […]. 3 - […]. Article 89 [...] Who, without being specifically authorized by legitimate reason or by legally competent authority, carrying, holding, use, distribute or carrier, in sports or religious, in exclusion zone, in establishments or places where civic or political demonstration takes place, as well as in institutions or places of fun, fairs and markets, any of the weapons referred to in paragraph 1 of article 2 as well as any munitions, devices, instruments, mechanisms, products or substances referred to in article 86, is punished with imprisonment up to 5 years or with a fine penalty up to 600 days, if more severe penalty you don't fit under any other statutory provision. Article 91 [...] 1-can be temporarily prohibited the frequency, participation or entry into educational establishment, sports grounds, establishments or places of amusement, places where cultural, sports or manifestation occurs venatória, fair or market, or field firing range, who convicted: a) [...]; b) […]. 2 - […]. 3 - […]. 4 - […]. 5 - […].

41 article 95 criminal liability of legal persons and entities regarded as legal persons and similar entities are responsible, in general terms, for the crimes provided for in articles 86 and 87 Article 97 [...] Who, without even meeting authorized outside the legal conditions or otherwise to the requirements of the competent authority, holding, transport, import, store, buy, acquire any title or by any means or obtains for manufacture, processing, import or export, use or bring with you playing a firearm, weapon, blanks or alarm or arms of classes F and G , is punished with a fine of € 600 to € 6000. Article 98 [...] Who, being the holder of a license, stop use or for carrier, carry gun out of legal conditions, affect gun diverse activity authorized by the national director of the PSP or in breach of the standards of conduct provided for in this law is punishable by a fine of € 500 to € 5000.

Article 99 [...] Those who do not comply with the following provisions: a) [...]; b) article 19A is punished with a fine of € 500 to € 5000;

42 c) [previous subparagraph (b))]; d) [previous subparagraph (c))]; and) do not use license renewal and carry firearms under the terms established in paragraph 1 of the article 29 Working Party is punished with a fine of € 1000 to € 10000; f) alteration of the characteristics of reproductions of firearms for recreation, is punished with a fine of € 500 to € 1000. Article 101 [...] 1-[...]. 2 - […]. 3-Who, not being holder of license for exploration of career or field, meet to engage in this activity is punished with a fine of € 20000 € 40000. 4-Who engage in electronic commerce of weapons and their ammunition provided for in this law is punishable by a fine of € 1000 to € 20000. 5-Who attend or use career or field of unlicensed shooting is punished with a fine of € 500 to € 2000. Article 107 [...] 1-the agent or police authority proceeds to the apprehension of the firearm, ammunition and their licenses and manifests, or other weapons, when: a) [...]; b) […]; c) meet outside the legal conditions or in breach of the requirements of the competent authority 43. 2 - […]. 3 - […]. 4 - […]. Article 108 [...] 1-[...]. 2-in the cases provided for in paragraph 1 of the preceding article is denominated term temporary impeachment will follow along with work resulting from crime or a misdemeanour news for the services of the Prosecutor or to the PSP, respectively. 3 - […]. 4 - […]. 5 - […]. 6 - […]. 7 - […]. 8 - […]. Article 109 [...] 1-[...]. 2 - […]. 3 - […]. 4-it is the PSP checking articles provided for in this Act and that are in transit in the port areas and international airport, with the possibility of opening of packages and containers for your destination and provenance evaluation.

113 Article 44 [...] 1-licenses and permits to use and carry firearms granted under previous legislation are converted when your renewal, for the licenses now provided for in the following terms: a) [...]; b) […]; c) […]; d) Authorization of use and possession of weapon of Defense ' V ' and ' model V-model ' transitions to special license, applying the same rules to this respect of expiry and validity, as well as in regard to requirements for your grant; e) […]. 2 - […]. 3 - […].» Article 2 Amendment to law No. 5/2006, of 23 February Are added to articles 11a, 19A, 50A, 68-, 95th-and 112 to the law No. 5/2006, of 23 February, which approves the new legal regime of the guns and their ammunition, as amended by Act No. 59/2007, September 4 , with the following text:% quot% Article 11a 1-Approval Are subject to approval the weapons and ammunition intended for sale, acquisition, transfer, possession, import, export and transfer. 2-for the purposes of type approval of weapons and ammunition, the person concerned shall submit a request to the national director of 45 PSP, being the process accompanied by the detailed technical description of the weapon and ammunition and with photographic catalogue, in model and conditions to be set by order of the national director of the PSP. 3-it is prohibited to import, export, transfer and trade in national territory, weapons and ammunition not approved. Article 19A permit for minors Without prejudice to the provisions of paragraph 1 of article 15, the under 18 years and the age of 16 years may be authorised the use and possession of arms of class D, for the practice of hunting venatórios acts more or less, since properly monitored in the same game Act, who exercises parental authority , and on condition that it is the owner of the weapon used by the smaller and corresponding licence holder.

Article 50-the electronic commerce electronic commerce of weapons and their ammunition, supplies and equipment, licensed under this law, is prohibited. Article 68-the temporary transfer 1-national director of the PSP may authorise the temporary transfer of arms intended for the hunting season practices, sports competitions or fairs of collectors, recognized by their federations or associations, at the request of their owners or 46

organisms that promote such initiatives. 2-national director of the PSP can also issue authorization for the temporary transfer of weapons and ammunition intended to integrate showcases and demonstrations, at the request of commercial agents and representatives of national and foreign factories, duly accredited by the PSP. 3-the authorisation contained in the type, make, model, caliber, serial number and other characteristics of the weapon and its quantities, the presence or absence of the country, as well as the safety rules to be observed. 4-the authorization referred to in paragraph 1 is to the European card holders of firearms, provided that it be made the weapons transferred.

Article 95-the arrest and pre-trial detention 1-no place to detention in flagrante delicto for crimes provided for in articles 86, 87 and 89 of this law and for crimes committed with a gun, which should remain until the detainee be presented the trial hearing in the form field or the first judicial interrogation for possible application of coercive measure or guarantee. 2-out of flagrante delicto, detention for the crimes provided for in the preceding paragraph may be made by court order of judge or public prosecutor. 3-criminal police authorities may also order the holding out of flagrante delicto, on its own initiative, in the cases provided for in the law, and must do so if there is danger of further criminal activity. 4-apply to the defendant to pre-trial detention when there is strong evidence of felonies provided for in paragraph 1, punishable with imprisonment of a maximum of 47 more than three years, scanned the other conditions of application of the measure. Article 112-reclassification of weapons the weapons that have been licensed under other legal regimes and to be reclassified by order of the national director of the PSP, in the context of this law, shall be used only for the activities defined in the order of re-classification.» Article 3 amendment to the law No. 5/2006, of 23 February 1-chapter II of law No. 5/2006, of 23 February, called «Homologation, licenses for use and possession of guns or your detention». 2-section I of chapter II of law No. 5/2006, of 23 February, called «type-approval, types of license and attribution».

Article 4 Republication is republished, in the annex to this law, which is an integral part, the law No. 5/2006, of 23 February, with the current wording.

Seen and approved by the Council of Ministers of 4 September 2008 the Prime Minister, the Minister of the Presidency, Parliamentary Affairs Minister 48 49 ANNEX Republication of law No. 5/2006, of 23 February CHAPTER I General provisions section I subject-matter and scope Article 1 subject-matter, scope, legal definitions and classification of weapons 1-this law establishes the legal regime concerning the manufacture , Assembly, repair, import, export, transfer, storage, circulation, trade, acquisition, transfer, possession, manifest, guard, security, use and possession of weapons, their components and ammunition, as well as the legal framework of the special criminal prevention operations. 2-Are excluded from the scope of this law the activities relating to weapons and ammunition intended for the armed forces, the forces and security services, as well as other public services whose law expressly the delete, as well as those that are intended solely for military purposes. 3-Are still excluded from the scope of this law the activities referred to in paragraph 1 relating to firearms whose manufacturing date is earlier than the December 31 1890. 4-are also excluded from the scope of application of this law the swords, sabres, billfish and other weapons traditionally intended for honors and military ceremonial or other official ceremonies. 5-the holding, use and possession of weapon for military personnel of the permanent tables of the armed forces and by members of the forces and security services are governed by their own law.

Article 2 50 legal definitions for the purposes of this Act and your regulation and with a view to standardization, the following definitions shall apply: 1-types of weapons: a) «» defense aerosol portable container of compressed gases whose fate is only to produce gas discharges momentarily neutralizing the aggressor and capacity for your presentation and features be confused with other weapons or objects; b) «Arc» the melee weapon intended to launch arrows using muscle strength; c) ' double action» the firearm that is triggered by just pressing the trigger operation; d) ' single action ' the firearm that is triggered by two operations constituted by the arm and firing mechanism manual by activating the trigger; e) ' alarm» the device with the setting of a firearm intended solely to produce a sound effect similar to that produced by that at the time of the shooting; f) «BB gun» the gun operated by compressed air or any other gas, with smooth or grooved pipe, intended to launch metal projectile; g) «BB gun sports» the BB gun by a Federation sport recognized as suitable for the practice of sport shooting and approved by the national director of the PSP;

h) ' recreational ' compressed air compressed air gun, caliber down to 5.5 mm, whose speed of projectile off the mouth of the barrel is less than 360 m/s and whose pipe exceeds 30 cm;

51

I) ' automatic weapon» the firearm which, through a single trigger action, makes a continuous series of several shots; j) ' biological weapon ' the device likely to release or cause contamination with microbiological agents or other biological agents, as well as toxins, whatever your origin or method of production, of types and in quantities that are not intended for the prophylactic protection or other purposes of peaceful nature and deemed harmful or lethal to life; l) «melee weapon» all purpose or portable instrument equipped with a blade or other cutting or surface-piercing round with a length of 10 cm across the extension or blade exposed surface or with blunt cut, as well as destined to throw blades, arrows or virotões, regardless of their dimensions; m) ' the mouth ' loading the firearm where the bolt cannot be opened manually and loading propellant and projectile can only be carried out by the mouth of the pipe, in the case of weapons of one or more pipes, and the mouth of the boards, the weapons equipped with drum, assimilated to the loading mouth the weapons , having a movable breech cannot shoot otherwise fuel cartridge, and the ignition system placed separately outside the Chamber; n) «Gun» electric portable system powered by energy source and designed only to produce electric shock momentarily neutralizing the human motor skills, and by your presentation and characteristics, be confused with other weapons or objects; the) ' firearm ' any device or portable mechanism intended to cause the outbreak of a propelling charge of generating a gas whose mass expansion drives one or more projectiles; p) ' short firearm ' means a firearm whose barrel not exceeding 30 cm or whose overall length does not exceed 60 cm;

52 q) ' firearm unusable» the firearm that was removed or destroyed part or essential part for the firing of the projectile and is accompanied by a certificate of destruction issued or recognized by the National Directorate of Public Security Police (PSP); r) ' long firearm ' means a firearm with the exception of short firearms; s) «modified firearm» the firearm which, through an intervention of any kind, different from those of your characteristics obtained manufacture original concerning the system or trigger mechanism, barrel length, caliber, relevant changes of stock and tags and numbering of origin; t) ' firearm transformed» the device suitable to be converted into a firearm, or by a mechanical intervention modifier obtained characteristics that enable it to function as a firearm, or the object may be modified to fire bullets or projectiles through the action of a propelling charge, since that has the appearance of a firearm, or due to your construction or material from which it is manufactured , can be modified to this effect; u) ' gas thrower» portable device designed to emit gases with a pipe; v) ' spear-cables» portable mechanism with the setting of a firearm, intended solely to launch line or cable; x) ' chemical weapon» the device or any equipment, ammunition or device specifically designed to release toxic chemicals and their precursors that by your chemical action on life processes can cause death or injury to living beings; z) ' radioactive Weapon or likely to nuclear blast» the device or product that could cause an explosion by fission or nuclear fusion or release of radioactive particles or likely to, otherwise, diffuse such particle type 53; AA) ' repeating Firearm ' means a firearm with a fixed deposit or with removable charger that after each shot, is recharged by the action of the shooter on a mechanism that transports and introduces on camera new ammunition, withdrawal of the deposit or of the charger; AB) ' semi-automatic firearm ' means a firearm with a fixed deposit or with removable charger that after each shot, if it automatically loads and cannot, by a single trigger action, make more than one shot; AC) «flare gun» portable mechanism with the setting of a firearm intended to launch a pyrotechnic signalling device, the characteristics of which exclude the conversion to any other type of projectile; ad) ' Reproduction of a firearm for recreational practices» portable mechanism with the setting of a firearm of classes A, B, B1, C, D, or partially painted in 50% of your surface, with fluorescent color, yellow or red, with indelible characteristics set by order of the national director of the PSP, so as not to be liable to confusion with the weapons of the same classes , fit only to shoot non-metallic sphere whose energy off the mouth of the barrel not exceeding 1.3 J and approved by the National Directorate of the PSP; AE) ' underwater Weapon» melee weapon intended solely to shoot Harpoon when submerged in water; AF) ' single-shot weapon or simple shooter» handgun without deposit or charger, of one or more pipes, which is loaded with a manual in each Chamber or chambers or in compartment located at the entrance of these; AG) «veterinary» portable engine Weapon with the setting of a firearm intended solely to raise slug anesthetic injection or 54

other veterinary products on animals; Ah) «electric» electrical gun Stick in the shape of a bat; AI) «Bat» Extensible telescopic portable instrument, flexible or rigid, intended to be wielded as a means of aggression or defense. AJ) «Beast» the melee weapon equipped with firing mechanism that is intended exclusively to launch virotão; Al) «Boxer» the instrument made of metal or other hard material intended to be wielded by a hand when thrown punch in order to magnify the effect of this; am) ' Carbine ' long firearm with pipe grooved soul; an) ' Shotgun ' long firearm smooth-barrel; the ' Stylus ') melee weapon or instrument with white gun configuration consisting of a penetrating Rod without a handle and cutting regardless of their dimensions; AP) "Star released» the melee weapon or instrument with setting the White Star-shaped weapon with sharp tips that intended to be thrown manually regardless of their dimensions; AQ) «throwing Knife» melee weapon or instrument with white gun configuration consisting of a blade with a cutting and drilling area and another designed to be wielded or serve as counterweight in order to be released manually, regardless of its size; AR) «Butterfly» knife melee weapon or instrument with white gun configuration consisting of a hinged blade in a cable or handle divided lengthwise into two parts also articulated among themselves, in such a way that the opening of the blade can be obtained instantly by a fast moving one hand regardless of their dimensions; the ' automatic opening knife) or Switchblade» melee weapon or instrument with 55 white weapon configuration consisting of a shaft or handle terminating a blade, whose availability can be obtained instantly by the action of a spring under tension or other equivalent system regardless of their dimensions; at) «Gun» the short firearm, from shot to shot, pump or semi-auto; AU) «submachine gun» the Automatic Compact firearm, destined to be used within walking distance; AV) "Replica firearm ' means a firearm, loading of manufacture contemporary, capable of firing a projectile using black powder charge or similar; AX) ' Reproduction of a firearm» the portable engine with the setting of a firearm which, by your presentation and features, can be confused with the weapons referred to in classes A, B, B1, C, and D, with the exception of softair guns; AZ) «Revolver» the short firearm, equipped with drum containing several cameras. AAA) ' easy with military weapons» the weapon, by your configuration or features, is likely to be confused with equipment, military and war material or considered as such. 2-Parts of firearms: a) «barrel» Soul the inner surface of the barrel between the camera and the mouth; b) «Soul» striated inner surface of the barrel with helical grooves or other spiral configuration, which allows you to check the rotation projectile with the gyroscopic stability; c) «lisa» Soul the inner surface of the barrel not equipped with any device designed to spin to the projectile motion print; d) ' Mouth of the barrel ' the end of the soul of the barrel where the projectile;

56 e) ' the Box ' the part of the gun where it is contained and moves the bolt; f) «Camera» the portion of the barrel or, revolvers, the cavity of the drum where the ammunition is introduced; g) «Barrel» part of the weapon consisting of a tube intended to guide the projectile at the time of the shooting; h) «Dog» workpiece a percussion mechanism that contains or hits the firing pin in order to shoot the ammunition; I) «Substrate» part of the short weapon that is part or where fixed handle and terminating the firing mechanism; j) «Charger» the removable container where they are housed the ammunition in a firearm; l) «Stock» the part of a firearm that is designed to allow your support in the shooter's shoulder; m) ' part of the ' Slide automatic or semi-automatic weapon that integrates the breech and that moves on tracks on the carcase; n) «Breech breech block or ' part of the firearm that plug the end of the pipe where the camera; the) ' deposit ' immovable compartment of a firearm where are housed the ammunition; p) «Trigger or trigger ' tail piece of the firing mechanism that, when triggered by the shooter, causes the shot; q) «kill» the guard play that protects the trigger of accidental discharge; r) «trigger» the mechanical system or another that, when activated by the trigger causes firing; s) ' locking mechanism» the set pieces designed to lock the bolt in mobile camera shutter position;

57 t) ' essential parts of the firearm ' in revolvers, the barrel, barrel and housing, the other firearms, the barrel, the bolt, the bolt or slide box, receiver and housing; u) ' Pin ' the play of a firing mechanism that activates the ammo, for priming or fulminant impact; v) ' Handle ' the part of the firearm that is gripped by the hand that shoots; x) «» Muffler the accessory that applies over the mouth of the barrel of a gun designed to eliminate or reduce the noise as a result of shoot; z) «Drum» the part of a gun consists of a set of Chambers that form a rotating tank ammunition.

3-Ammunition of firearms and their components: a) ' bullet or projectile» component of a munition or shipment intended to be thrown through the barrel by the gases resulting from the outbreak of a propelling charge or other propulsion system; b) «caliber of gun» the name of the ammunition for the weapon is manufactured; c) «barrel Caliber» the inside diameter of the barrel, in millimeters or inches, corresponding, in the grooved-bore, the drilling diameter before open stretch marks, or the equivalent of this size in the case of other manufacturing processes; d) «propelling charge or charge» the load of chemical compound used to load the ammo or black powder charge or similar substance used to load the weapons shipment through the mouth; e) «» Cartridge metal housing, plastic or other material that is intended to contain the havoc, the propelling charge and projectile or projectile payload for use on smooth-barrel weapons;

58

f) «hunting» cartridge ammunition for firearm smooth-barrel long, suitable for venatória or sports activity; g) «Leads» hunting projectiles up to 4.5 mm diameter, that carry hunting cartridges; h) «Components» recharge cartridges, percussion caps, wrappers or igniters, propellant and projectiles for firearms ammunition; I) «Fulminans or priming» ammunition component consisting of a capsule that contains explosive mix, which when triggered causes an intense flame destined to ignite the propelling charge of ammunition and can also not be applied to the cartridge or wrapper in ancient weapons or replicas; j) «Wrapper» the metal housing, plastic or other material that is intended to contain the havoc, the propelling charge and projectile for use in guns with barrel of striated soul; l) ' firearm Ammo» the cartridge or casing or other device containing all components able to be immediately fired a firearm; m) ' ammunition with bullet for hunting» trapping projectile cartridge only; n) ' ammunition with bullet desintegrável» ammunition whose projectile is manufactured in order to disintegrate on impact with any hard object or surface; the) ' ammunition with bullet expansive» ammunition whose projectile is manufactured with the aim to expand on impact with a solid body; p) ' ammunition with explosive bullet» ammo with projectile containing a charge which explodes upon impact; q) ' ammunition with incendiary bullet» ammo with projectile containing a chemical compound that ignites on contact with air or at the moment of impact; r) ' ammunition with bullet encamisada» ammo with projectile designated internationally as full metal jacket (FMJ), with metal shirt that covers 59 the core in all your extension, with the exception, or not, of the basis; s) ' ammunition with armor-piercing round» ammo with tempered steel core projectile or other hard metal or hardened, intended for drilling hard targets and resistant; t) ' ammunition with bullet tracejante» ammo with projectile containing a pyrotechnic substance designed to produce calls and or smoke in order to make visible the your trajectory;

u) ' ammunition with cylindrical bullet» ammunition designated internationally as wadcutter of cylindrical or flattened tip projectile designed to be used in target shooting, causing the target a well-defined outline hole; v) [Repealed]; x) «ring or lateral Percussion» ignition system of one round in the firing pin acts on a peripheral point relative to the center of the base of the same; z) «central» the Percussion ignition system of one round in the firing pin acts on priming or fulminant applied in the center of the base of the casing; AA) «Zagalotes» projectiles, with more than 4.5 mm diameter, which are part of a set of multiple projectiles to be fired in firearms with smooth-barrel; AB) «save ammunition or alarm» the ammunition without projectile and designed only to produce a sound effect at the time of the shooting; 4-operation of firearms: a) ' firearm loaded» the firearm that has a ammunition introduced in camera and the weapon to carry through your mouth in which is inserted a propelling charge, fulminant and projectile on board or boards;

60 b) «minute» firearm to firearm with at least one ammunition introduced in your warehouse or loader; c) «fire» cycle the set of operations performed sequentially that occur during the operation of firearms to carry backfired; d) «action open» position the bolt or slide of a gun is retained in your rearmost position, or so that the camera is not blocked; e) «bolt closed» position the bolt or slide of a weapon is in your forward position, or in order to fill the Chamber; f) «Fire» the Act of pressing the trigger, press the trigger of the gun, in order to cause the release of the projectile. 5-other definitions:) ' Dealer ' means any natural or legal person whose occupation consists wholly or partly in the manufacture, sale or repair of firearms and their ammunition; b) «range» outer installation functional and exclusively intended for the practice of shooting with firearms loaded with ammunition of multiple projectiles; c) «range» indoor or outdoor installation, functional and exclusively intended for target practice with firearms loaded with ammunition for projectile only; d) ' safe house or fortified» building or compartment of the bearer or holder use only, entirely built in concrete, or masonry, or with walls, floor and ceiling reinforced with mesh or metal structure, being in all cases equipped with lockable security door locks and, if available, Windows with metal grids; e) ' date of manufacture of gun» the year in which the gun was produced; f) ' detention of weapon» for your or your power in the sphere of 61 availability a gun; g) ' warning shot» the voluntary act of shooting a gun for the free zone of persons and property;


h) ' equipment, military and war materials» equipment, guns, machines, instruments, products or substances manufactured for military purposes and used by the armed forces and security services and forces; I) «Establishment» fun, all public or private places, constructed or adapted for the purpose, following a municipal licensing process which are running essentially as bars, clubs and the like, electric or manual games rooms and fun fairs; j) «civil» all Explosive substances or explosive products whose manufacture, trade, transfer, import and use is subject to authorisation by the competent authority; l) «explosive device or improvised incendiary» all those using explosive or incendiary substances or products of manufacture unauthorized craft; m) ' weapon guard» the Act of depositing the weapon in a safe or security portable Cabinet, vault or fortified, as well as the application of lock or mechanism that would trigger the same, inside the home or other location; n) «gun» the Act of bringing with it a minute or loaded weapon or able to be for immediate use; «Sports» Grounds) the space created exclusively for the practice of sports, with fixed character and building structures you ensure that assignment and functionality, with permanent seats and reserved the wizards, after the last 62 input control; p) ' carriage of weapon» the Act of transferring a gun unloaded and disassembled or desmuniciada from one location to another, so as not to be liable to immediate use; q) «Use» the Act of gun wielding or shoot a gun; r) ' exclusion zone ' movement control zone pedestrian road, or defined by the public authority, temporal duration determined, and may include the routes, highways, train stations, inland trucking or dial or the serving access to sports venues, areas and other public spaces, surrounding him or not, where to focus assistants or supporters of this event; s) «trigger» Lock the device applied to the gun that is intended to prevent the unauthorized use and your clock. t) ' Importation ' means the entry into the national territory, of any goods, as well as your stay in customs or international zone resort awaiting the legal proceedings, when imported from third countries; u) ' export ', the output of the fiscal limits of the national territory of any goods destined to a third country, as well as your stay in customs or international zone resort awaiting the legal customs procedures. v) ' transit ' means the passage through the national territory, pending legal procedures, of any goods from a third country and intended for export or transfer to another State; x) ' approval of weapons and ammunition» approval of brand, model, as well as other technical characteristics of weapons by the national director of the PSP; Article 3 classification of weapons, ammunition and other accessories-1 weapons and ammunition are classified in classes A, B, B1, C, D, E, F and G, of 63 according to the degree of danger, their intended purpose and your use. 2-Are weapons, ammunition and accessories of the class: a) The equipment, military and war materials or classified as such; b) automatic firearms; c) chemical, biological, radioactive or nuclear explosion; d) white or fire weapons concealed in the form of another object; and automatic opening knives), stilettos, butterfly knives, throwing knives, throwing stars and boxers; f) The arms without assignment for any hunting season, commercial practices, agricultural, industrial, household or sports forest, or by your artistic or historical value are not subject to collection; g) Any machines or instruments constructed solely for the purpose of being used as a weapon of aggression; h) defence aerosols not listed in subparagraph (a)) of paragraph 7 of this article and the launch customers of gases or weapons concealed in the form of another object; I) The electric batons or extended, for the exclusive use of the armed forces or forces and security services; j) other appliances that emit electric shocks without the characteristics listed in point (b)) of paragraph 7 of this article or concealed in the form of another object; l) firearms transformed or modified; m) firearms manufactured without authorization; n) reproductions of firearms and weapons of alarm; the) The rifles and carbines easily dismountable in small size components with a view to your concealment;

64 p) Rifles whose barrel length is less than 46 cm; q) ammunition with penetrating, explosive, incendiary bullet, tracejante, desintegrável, saves or alarm; r) silencers; s) The telescopic sights, except those who have employment for any hunting season or federated sports practices; t) weapons classified as equipment, military or war material or the military armed attempt. 3-Are weapons of class B the repeating short firearms or semi-automatics. 4-weapons of class B1: a) semi-automatic pistols with the calibers 6.35 mm or. 25; b) revolvers with named. 32. 5-weapons of class C: a) semi-automatic long firearms, or single-shot barrel of striated soul; b) semi-automatic long firearms, or from shot to shot with two or more pipes, if one of them is striated soul; c) semi-automatic long firearms or repeating, smooth-barrel barrels not exceeding 60 cm d) single-shot short firearms shooting only able to fire ammunition with centrefire percussion; e) firearms of calibre up to 6 mm only able to shoot ammunition percussion ring; f) replicas of firearms, when used for target shooting; g) The air guns of caliber greater than 5.5 mm.

65

6-weapons of class d: a) semi-automatic long firearms or repeating, smooth pipe with a length of more than 60 cm; b) semi-automatic long firearms, or from shot to shot of soul with a striped pipe length exceeding 60 cm, only able to shoot ammunition own smooth-barrel; c) long firearms with single-shot of smooth-barrel. 7-weapons of class and: a) aerosols with gas, whose active ingredient is capsaicin or Oleoresin capsicum (pepper spray) with a concentration of not more than 5%, and which cannot be confused with weapons from another class or other objects; b) electrical weapons up to 200 000 volts, with safety mechanism and which cannot be confused with weapons from another class, or with other objects; c) firearms and their ammunition, industrial production, only able to fire bullets, metal or drive devices, designed to eliminate any possibility of lethal aggression and have earned approval from the National Directorate of the PSP. 8-Are weapons of class F: a) the Nunchucks, swords and other melee weapons traditionally aimed at martial arts; b) replicas of firearms when intended for ornamental purposes; c) firearms destroyed when intended for ornamental purposes; 9-Are weapons of class G: a) The veterinary weapons; b) cue weapons;

66 c) weapons launches-cables; d) The sports air guns; e) reproductions of firearms for recreational practices; f) compressed air guns. 10-for the purposes of hunting legislation, allowed the firearms referred to in (a)), b) and (c)) of paragraph 5 and under (a)), b) and (c)) of paragraph 6, with the exception of military weaponry confused with. 11-guns can only be assigned to the activity which motivated the granting, by order of the national director of the PSP, be assigned to more than one activity per reasoned request of the person concerned. SECTION II acquisition, possession, use and possession of weapons article 4 1-grade Weapons are prohibited the sale, acquisition, transfer, possession, use and possession of firearms, accessories and ammunition the class. 2-without prejudice to the provisions of the preceding paragraph, by special authorization of the national director of the PSP, can be authorized to sale, purchase , the author, the holding, use, import, export and transfer of weapons and accessories of the class intended for public or private museums, scientific or industrial research and use in theatrical, cinematographic achievements or other artistic nature shows, recognized cultural interest, with the exception of military and war materials whose authorization is the responsibility of the Minister of national defence sector supervision.

3-Notwithstanding the provisions of paragraph 1, by special authorization of the national director of 67 PSP may be authorised the sale, acquisition, transfer, possession, use, import, export and transfer of weapons intended to alarm sporting activities or training of animals. 4-the authorizations referred to in the preceding paragraphs are claimed with justification of the motivation, the time-of-use and security plan. Article 5 1 B-class Weapons The arms of class B are acquired through purchase and sale statement or donation, requiring prior authorisation granted by the national director of the PSP. 2-the acquisition, possession, use and possession of arms of class B are authorized the President of the Republic, the President of the Assembly of the Republic, the members, the members of the Government and the representatives of the Republic, the regional members, the members of the regional Governments, the members of the Council of State, the civil Governors, to the Magistrates Court, the public prosecutor and the Ombudsman. 3-the acquisition, possession, use and possession of arms of class B may be authorised: a) who, in accordance with its organic law or professional status, can be assigned or waived the use license and gun permit class B, after verification of the individual situation; (b)) to the holders of the licence B; c) to holders of special license granted under paragraph 1 of article 19 4-without prejudice to the provisions of the preceding paragraph, by special authorization of the national director of the PSP may be authorised the sale, acquisition, transfer, detention, use 68, the import, export and transfer of weapons and accessories of the class B intended for public or private museums , scientific or industrial research and use in theatrical, cinematographic achievements or other artistic nature shows, recognized cultural interest. Article 6 Weapons of class B1 1-weapons of class B1 are acquired through purchase and sale statement or donation, requiring prior authorisation granted by the national director of the PSP. 2-the acquisition, possession, use and possession of arms of class B1 may be authorised: a) the holders of license and gun permit class B1; b) to holders of special license granted under paragraph 1 of article 19 article 7 C 1-class Weapons-weapons of class C are acquired through purchase and sale statement or donation, requiring prior authorisation granted by the national director of the PSP. 2-the acquisition, possession, use and possession of arms of class C may be authorised: a) the holders of license of use and possession of weapon of class C; b) who, in accordance with its organic law or professional status, can be assigned or waived the use license and gun permit class C, after verification of the individual situation.

3-Notwithstanding the preceding paragraph, by special authorization of the national director of the PSP may be authorised the sale, acquisition, transfer, possession, use, import, export and transfer of weapons and accessories of the class C intended for public or private museums, scientific or industrial research and use in theatrical, cinematographic achievements or other nature shows 69

artistic, of recognized cultural interest. Article 8 1 D-class Weapons-weapons of class D are acquired through purchase and sale statement or donation. 2-the acquisition, possession, use and possession of arms of class D may be authorised: a) the holders of a license to use and carry firearms in classes C or D; b) who, in accordance with its organic law or professional status, can be assigned or waived the use license and gun permit class D, after verification of the individual situation. 3-Notwithstanding the preceding paragraph, by special authorization of the national director of the PSP may be authorised the sale, acquisition, transfer, use, possession, import, export and transfer of weapons and class D accessories intended for public or private museums, scientific or industrial research and use in theatrical, cinematographic achievements or other artistic nature shows , recognized cultural interest. Article 9 Weapons and 1 class-class weapons and are acquired through purchase and sale statement.

2-the acquisition, possession, use and possession of arms of class and may be authorized: a) the holders of a license to use and carry firearms and class; b) to holders of license and gun permit class B, B1, C and D, licence of detention of gun at home and special leave, as well as to all those who, by virtue of its organic law or professional status, can be assigned or waived the use license and gun permit, checked your individual situation.

70 article 10 1 class F Weapons-weapons of class F are acquired through purchase and sale statement or donation. 2-the acquisition, possession, use and possession of arms of class F can be allowed to holders of license and gun permit class f. Article 11 Weapons of class G 1-the acquisition of arms and veterinary cables can be authorised, upon declaration of purchase and sale, the largest of 18 years who, for professional reasons or sport , prove need. 2-the acquisition of signaling is allowed upon purchase and sale statement and previous authorization of the PSP, who develop activities to justify the use of pyrotechnic signalling means. 3-purchase reproductions of firearms for recreational practices is permitted by the national director of the PSP to over 18 years, upon declaration of sale and proof of registration in a sports promotion association recognized by the Sports Institute of Portugal, i. p. and registered with the PSP.

4-Notwithstanding the previous paragraph, to under 18 years and the age of 16 years is allowed to purchase reproductions of firearms for recreational practices since authorised thereto by whoever exercises parental authority. 5-the authorization referred to in paragraph 2 shall contain the identification of the buyer and the amount and fate of signaling to acquire weapons and can only be granted to those who demonstrate develop activity to justify the use of these weapons. 6-the possession, use and possession of these weapons are only allowed for the exercise of the mentioned activities.

71 7-purchase of recreational air guns, intended for recreational activities, over 18 years by the national director of the PSP upon purchase and sale statement. CHAPTER II Approval, permits for use and possession of guns or detention section I your Approval, license and assignment types Article 11a 1-Approval Are subject to approval the weapons and ammunition intended for sale, acquisition, transfer, possession, import, export and transfer. 2-for the purposes of type approval of weapons and ammunition, the person concerned shall submit a request to the national director of the PSP, being accompanied by the process a detailed technical description of the weapon and ammunition and with photographic catalogue, in model and conditions to be set by order of the national director of the PSP. 3-it is prohibited to import, export, transfer and trade in national territory, weapons and ammunition not approved. Article 12 classification of use license and gun permit or detention 1-according to the classification of weapons contained in article 3, the purposes for which the same are intended, as well as the justification of your need, can be granted by the national director of PSP the following use licenses and postage or detention: a) licence B, for the use and possession of weapons class B and e; b) B1 Licence, for the use and possession of weapons in classes B1 and e; c) license (C), for the use and possession of arms of classes C, D and e;

72 d) license D, for the use and possession of arms of classes D and e; and) license and for the use and possession of weapons and classes; f) license F, detention, use and possession of arms of class F; g) detention of gun license at home, for the possession of weapons of the classes B, B1, C, D and F and use and carry firearms and class; h) special license for the use and possession of weapons class B, B1 and e. 2-situations for exemption or waiver of license legally envisaged are correspondingly apply the obligations laid down for license holders. 3-the use and possession of weapon for who plays professional activities that require, other than those carried out by the armed forces and security forces and Services, shall be governed by order of the national director of the PSP. Article 13 1 B-License without prejudice to situations of exemption or dispensation, the licence B can be granted to the applicant to make proof of the termination of the right to the use and possession of weapon of class B, at least for a period of four years. 2-the license shall not be granted if the cessation of the right which allowed the applicant to use and carry firearms occurred as a result of the application of disciplinary penalty of dismissal, retirement, as well as retirement pension for psychic or physical disability preclude the use and size of the same. 3-applications for licensing of use and possession of weapon of class B are formulated through the application stating the applicant's full name, identity card number, date and place of issue, date of birth, occupation, marital status, birthplace, nationality and domicile, as well as the justification of the claim. Article 14 B1 73 License

1-B1 licence can be granted to over 18 years to assemble, cumulatively, the following conditions: (a)) are in full use of all civil rights; b) Demonstrating lack of license for professional reasons or circumstances of self-defence or of property; c) Are suitable; d) with medical certificate; and) type-approval certificate of approval for the use and possession of firearms. 2-Notwithstanding the provisions of article 30 of the Constitution and the following paragraph, for the purposes of assessing the requirement contained in subparagraph (c)) of the preceding paragraph, is likely to indicate lack of fitness for the purpose of granting the licence that the applicant have been applied security measure or judicial conviction of crime.

3-during the period prior to the verification of the cancellation of the entry in the criminal record of judicial decisions in which the applicant was convicted, can be recognized the suitability for the intended purposes, by the Court of the last conviction, by reasoned opinion approved by the Court, prepared by the public prosecutor to the effect the applicant's hearing , and determines, if necessary, the collection of other elements considered by relevant to your formulation. 4-requests for licensing of use and possession of weapon of class B1 are formulated through the application stating the applicant's full name, identity card number, date and place of issue, date of birth, occupation, marital status, birthplace, nationality and domicile, as well as the justification of the claim.

74 5-the application referred to in paragraph 1 shall be accompanied by the certificate of approval for the use and possession of firearms of class B1. Article 15 C and D Licences 1-C and D licences may be granted to over 18 years to assemble, cumulatively, the following conditions: (a)) are in full use of all civil rights; b) Demonstrate lack of license to practice hunting venatórios acts more or less, to the licenses of C or D, respectively, and are enabled with a hunter with a firearm; c) Demonstrate lack of license to practice hunting venatórios acts more or less, to the licenses of C or D, respectively, and are enabled with a hunter with gun or demonstrating why lack of license for professional reasons; d) Are suitable; and) with medical certificate; f) type-approval certificate of approval for the use and possession of firearms. 2-the assessment of the suitability of the applicant is made in accordance with the provisions laid down in paragraphs 2 and 3 of article 14 3-applications for licensing of use and possession of weapon of class C and D are formulated through the application stating the applicant's full name, identity card number, date and place of issue , date of birth, occupation, marital status, birthplace, nationality and domicile. 4-the application must be accompanied by the certificate of approval for the use and possession of firearms of the class C or d. 5-Without prejudice to the provisions of paragraph 1, the under 18 years and the age of 16 years may be authorized using 75 and arms of Class D, for the practice of hunting more or less venatórios duly accompanied by whoever exercises parental authority, and on condition that it is the owner of the weapon used by the minor. Article 16 1 and license-license and can be granted over 18 years to assemble, cumulatively, the following conditions: (a)) are in full use of all civil rights; b) Demonstrating lack of license and rightly so; c) Are suitable; d) with medical certificate.

2-the assessment of the suitability of the applicant is made in accordance with the provisions laid down in paragraphs 2 and 3 of article 14 3-applications for licensing of use and carry firearms and are formulated through the application stating the applicant's full name, identity card number, date and place of issue , date of birth, occupation, marital status, birthplace, nationality and domicile, as well as the justification of the claim.

Article 17 F 1 License-F license is granted to people over 18 years, bringing together, cumulatively, the following conditions: (a)) are in full use of all civil rights;

76 b) Demonstrating lack of license to practice martial arts sports, being athletes, recreational practices on private property and collectibles and replica firearms destroyed for purposes of ornamentation; c) Are suitable; d) with medical certificate. 2-the assessment of the suitability of the applicant is made in accordance with the provisions laid down in paragraphs 2 and 3 of article 14 3-applications for licensing of use and possession of weapon of class F are formulated through the application stating the applicant's full name, identity card number, date and place of issue , date of birth, occupation, marital status, birthplace, nationality and domicile, as well as the justification of the claim. 4-By order of the national director of the PSP, the request of the person concerned, through whom to exercise parental authority, can be allowed the acquisition, possession, use and possession of arms listed under (a)) of paragraph 8 of article 3 under the age of 18 years and over 14 years. Article 18 arrest of gun license at home 1-the arrest of gun in the home is granted the largest of 18 years, for the sole purpose of possession of weapons in your residence, in the following cases: a) When the use license and gun permit have ceased, for your willingness of the holder, or lapsed and this does not go for the transmission of the weapon concerned; (b)) When the right of use and possession of weapon has ceased and your owner opts for the gun transmission not covered; c) When the weapons have been acquired by succession mortis causa and your market value, artistic or justified estimated. 2-requests for arrest of licensing gun at home are formulated 77

through application of stating the applicant's full name, identity card number, date and place of issue, date of birth, occupation, marital status, place of birth and residence, as well as the justification of the claim. 3-In case any detention of arms could be accompanied by ammunition for the same. 4-If the class in which the weapons are classified make the existence of safe at home or portable security cabinet, the assignment of the licence of detention is dependent on the demonstration of your existence, and apply the provisions of paragraph e) of paragraph 2 of article 30 5-the house arrest cannot be granted in the following cases :) When the use license and businesses has been revoked; (b)) When the right of use and possession of weapon has ceased for the reasons set out in paragraph 2 of article 13; c) When the applicant does not gather, cumulatively, the requirements laid down in paragraph 1 (a)), c) and (d)) of paragraph 1 of article 14 6-assessing the suitability of the applicant is made in accordance with the provisions laid down in paragraphs 2 and 3 of article 14 7-Verified any of the circumstances referred to in paragraph 5, has the armiger 180 days to promote the transmission of the same , under penalty of being declared forfeited to the State. Article 19 special license 1-special licences may be granted for the use and possession of weapon of the classes B and B1 78 when requested by the President of the Republic, the President of the Assembly of the Republic and the Ministers, for allocation to employees at your service. 2-the special leave granted under the provisions of the preceding paragraph shall expire after 5 years or with the termination of service, if the expiry date has not been exhausted, and, in justified cases, be assigned use license and gun permit class B or B1 in accordance with the provisions laid down in paragraphs 1 and 2 of article 13 Article 19A permit for minors Without prejudice to the provisions of paragraph 1 of article 15 , to under 18 years and the age of 16 years may be authorised the use and possession of arms of class D, for the practice of hunting venatórios acts more or less, since properly monitored in the same game Act, who exercises parental authority, and on condition that it is the owner of the weapon used by the smaller and corresponding licence holder. Article 20 refusal to grant apart from not checking the requirements in this Act for the grant of license sought, can the application be refused, in particular, where it has been determined the forfeiture of the licence to the applicant, are not considered relevant the reasons justifying the claim or not consider suitable for the required purposes. SECTION II training and updating courses, examinations and certificates article 21 79 1-training courses technical training courses and civic for use and possession of firearms in classes B1, C, D and e with regard to electrical weapons and aerosols and to the activity of dealer exercise are administered by PSP or by bodies accredited for this purpose by themselves. 2-the frequency, successfully, the training courses for the use and possession of firearms gives the form a certificate specifying the class of weapons. Article 22 updating Courses 1-B1 license holders must submit, in every five years, a course of technical upgrading and civics for the use and possession of firearms, provided in accordance with the previous article. 2-license holders (C) and (D) shall undergo, in ten years, a course of technical upgrading and civics for the use and possession of firearms, provided in accordance with the previous article. Article 23 the medical examination medical examination, physical and psychic impact, is intended to make sure the applicant is fit, or fit with restrictions, to detention, use and carry firearms, as well as if you are in possession of all his mental faculties, without medical history that let suspect could threaten the physical integrity or your third party. Article 24 frequency of training courses for people with gun registration and frequency in the training course for people with weapon or for the pursuit of the activity of dealer depend on prior authorization of the PSP by means of evaluating the fulfilment of legal requirements for the grant of license.

80 article 25 1-fitness exams Completed the training courses take place fitness tests. 2-the exams will be held at date and place to be fixed by the PSP and comprise a theoretical and a practical test. 3-examination juries are made up of three members to be designated by the national director of the PSP, being able to integrate representatives of the Ministry of agriculture, Rural development and fisheries, in cases of assignment of licenses for use and arms of the classes C and d. Article 26 1 approval certificate-the certificate of approval for the use and possession of weapons is a document issued by the national director of the PSP , assigned to the candidate who has obtained the rank of fit in theoretical and practical evidence of aptitude test, proving that the examined can come to obtain a license for the use and possession of weapons of the same class is intended. 2-the acceptance of the application for registration and frequency in the training course as well as approval in the aptitude test does not confer any rights to the applicant as to the grant of license. SECTION III renewal and revocation of licences article 27 1 licences-use licenses and postage or gun detention shall be issued for a specified period and may be renewed at the request of the person concerned. 2-In case some assigned lifetime licenses. 3-use licenses and permit for class B, B1, C and D and the special license granted under article 19 are valid for a period of five years.

81 4-use licenses and gun permit of classes E and F are valid for a period of six years. 5-arrest of gun licenses at home are valid for a period of 10 years.


Article 28 renewal of license to use and carry firearms 1-the renewal of the license to use and carry firearms shall be required until 60 days before the end of your term, and depends on the date of the verification request, the requirements required for your award. 2-the frequency requirement of technical and civic training course for the use and possession of weapon of its class is replaced by proof of the corresponding update course, provided for in article 22, where required. Article 29 expiry and non-renewal of licence 1-in cases where the expiry of the permit, the holder has the period of 180 days to promote your renewal or to the transmission of their weapons. 2-in cases other than authorized the renewal of the license, the applicant must deliver its weapon on the PSP, accompanied by the documents involved, within 15 days after the notification of the decision, under penalty of incurring qualified disobedience crime. 3-within the time limit set in paragraph 1, can the applicant to proceed to the transfer of the gun, referring to the PSP its proof.

82 CHAPTER 3 procurement of weapons and ammunition section I acquisition permits and declarations of sale or donation of weapons article 30 Authorization 1 acquisition-purchase authorization is a document issued by PSP that allows the holder to your purchase, whether or not for a consideration, of grade a weapon which it refers. 2-the application to request the authorization of acquisition must contain: the complete identification of the buyer) or grantee; b) the number and the type of license that is holder or the licence number of the entity who carries out the function; c) identification of the brand, model, type and size; d) Declaration, under rules of engagement, to possess in your domicile or facilities, respectively, a safety deposit box or portable security cabinet, or safe house or fortified, as well as reference to the existence of children at home, if any; e) authorization for the PSP checks safety conditions for custody of the weapons. 3-safety check by the PSP always takes into account the existence or not of minors in the domicile of the applicant, the authorisation may be conditional on acquisition performance of changes in them. 4-authorization of acquisition has the expiry date of 60 days and it shall contain the particulars referred to in (a)), b) and (c)) of paragraph 2. 5-[Repealed]. Article 31 83 Declarations of sale or donation 1-the Declaration of sale or donation is the document which is in the full identification of the seller or giver and the purchaser or grantee, type and number of licenses or permits, data, identification of the make, model, type, size, capacity or voltage of the gun, as appropriate, and manufacturing number If you have one. 2-the Declaration referred to in the preceding paragraph is made in triplicate, the original for the PSP, the duplicate to the purchaser or grantee and the triplicate to the seller or giver. 3-the seller or giver refers the original statement to the PSP, as well as the manifest Carnet, within 15 days, for the purpose of issuance of registration of manifest, registration of the weapon and of your property, as appropriate. Article 32 Limits of detention and guard 1-the holders of the licence B and B1 is only permitted the arrest until two arms of its class, being the guard made in your safe. 2-The licensee (C) is only permitted detention up to five firearms this class, being the guard made in your safe or portable vault or fortified to guard the same, duly verified by PSP, whenever you have more than three guns in this class. 3-D license holder is only allowed to arrest up to five firearms this class, being the guard made in your safe or Cabinet portable security, duly verified by PSP, whenever you have more than three guns in this class. 4-to the holder of license of possession of gun at home is only permitted detention up to five firearms, being the guard made in your safe or Cabinet portable security, duly verified by the PSP.

5-regardless of the number of weapons held under licences referred to in the preceding paragraphs, where the holder holding in total more than 25 firearms is required to have strong or fortified House to guard the same, duly verified by the PSP 84. 6-Can be exceeded the limits set out in paragraphs 2, 3 and 4, by special authorization of the national director of the PSP, by reasoned request of the person concerned. SECTION II acquisition of ammunition article 33 record book of ammunition for the weapons of the classes B and B1 1-the ledger of ammunition is given with the registration of weapons manifest class B and B1. 2-the book of registration of ammunition is intended to enroll in camps own dates and quantities of ammunition acquired and fired him and shall bear the name of the holder of the Carnet number and manifest your caliber. 3-every purchase of ammunition shall be recorded in the book and certified and dated by the gunsmith. 4-each shot or series of shots made by the owner in the range must be registered in the book and certificate and dated by the person in charge of career. 5-the ledger of ammunition can be replaced in the framework of the implementation of a centralized computer record on PSP of all purchases and expenses of ammunition including the assignment and management of an electronic card with secret identification code.

Article 34 the possession and acquisition of ammunition for the weapons of the classes B and B1 1-the owner of a gun of the classes B and B1 cannot, at any time, take your power more than 250 ammunition for each of those classes.

85

2-the ammunition acquisition depends on the presentation of the manifest of gun registration, license to use and carry firearms, ammunition record book and proof of the identity of the holder of the licence. Article 35 procurement of ammunition for the weapons of class C and D 1-the purchase and sale of ammunition for the guns of classes C and D is free, upon proof of the identity of the buyer, display of manifest their gun registration, license to use and carry firearms and itemized invoice of the ammunition sold. 2-the holders of licences C and D is not allowed the detention of more than 1000 ammunition for weapons of class D or more than 250 ammunition for weapons of class C, except by special permission of the national director of the PSP, on request based on the interested. 3-the regulatory legislation of this law defines the measures necessary for the implementation of electronic registration and centralized management on PSP of all purchases. Article 36 Rebound and reload components 1-reloading of ammunition is allowed to license holders (C) and (D), and may not exceed the loads drivers indicated by manufacturers. 2-is only permitted the sale of equipment and reload the components who submit the licences referred to in the preceding paragraph.

3-The ammunition from the recharge cannot be sold or transferred and may only be used on venatórios acts, practices or evidence. SECTION III acquisition by succession mortis causa and loan-providing 86 article 37 acquisition by succession mortis causa 1-the acquisition by succession mortis causa of any weapon manifested is allowed with the permission of the national director of the PSP. 2-national director of the PSP may allow the gun be registered on behalf of the couple to head if Division of property of the author of the inheritance, being in this case required the gun to the PSP. 3-If the head-of-couple or another heir fulfils the legal conditions for the detention of the weapon, can be requested at your endorsement name, getting the same to your guard. 4-at the request of double-head, can the gun be transmitted to who meet conditions for your detention, being the buyer chosen by the interested, or can be sold at auction to the PSP, being the value of the award, less the charges, delivered to the inheritance. 5-after the sharing, the weapon will be delivered to the beneficiary heir, provided it fulfils the legal conditions for your detention. 6-After 10 years without claim of right, be declared lost in favour of the State.

Article 38 on loan-providing 1-may be subject to disposal, on loan, the arms of classes C and D, since for the exercise of venatória practice, under the conditions laid down in the regulatory legislation of this law. 2-the loan must be formalized by means of written document, drawn up in triplicate issued by the owner and by this signed and dated, being 87 certified PSP, that archives the original and the duplicate to be kept by the owner and the triplicate follow the gun. 3-it is not allowed to the loan for more than 180 days, except for the Museum. 4-the legal loan gun declines the owner of liability inherent to that caused damage. CHAPTER IV rules of conduct of weapon bearers common Obligations article 39 section 1 General obligations 1-any gun holders undertake to comply with the legal provisions laid down in this law and its regulations, as well as the rules of any kind relating to concealed weapons inside public buildings, and the particulars of the competent authorities regarding detention , guard, transportation, and use of same.

2-The people with guns are in particular required to: a) Present the guns, as well as its documentation, where requested by the competent authorities; b) Declare, without delay and by whatever means, to the police the loss, theft or theft of weapons, as well as the loss, theft, robbery or destruction of Carnet manifest or the use license and gun permit; c) does not display or bear arms without manifest reason for such;

88 d) Firing weapons solely in careers or fields of fire or in the exercise of venatórios acts, acts of hunting management, hunting activities, in particular the practice of hunting in specific areas for the effect, in sports or recreational practices evidence in rustic private properties in safety conditions; and) Communicate immediately to situations in which police authorities have resorted to arms for personal defense or circumstances; f) notify the police any type of accident; g) does not lend or assign the weapons, in any capacity outside of the circumstances provided for in this law; h) have a use to the weapons according to the justification of the claim asserted at the time of your licensing; I) Maintain valid and effective the insurance contract concerning your civil liability, when this is obliged pursuant to this law.

Article 40 The weapons Security weapon bearers are permanently responsible for the safety of the same, at home or out of it, and shall take all the necessary precautions to prevent your loss, theft or robbery, as well as the occurrence of accidents. SECTION II use of firearms, and aerosols of Defense article 41 Use, businesses and 89 1-transport use, postage and carriage of firearms must be especially disciplined and strictly follow the rules and safety procedures. 2-the short firearm must be carried safely in Holster or carrying case for your business, with safety device that prevents your voluntary drop, loss or theft, without any ammunition into the explosion Chamber, with the exception of handguns. 3-the gun short or long must be transported separately from their ammunition, with lock or trigger mechanism that would prohibit your use or disassembled so as not to be easily useable, purse or Kit suitable for the model in question, with appropriate security conditions. 4-the possession of firearms, weapons, ammunition and defence sprays in airport security restricted areas and on board an aircraft requires the authorization of the competent authority, with the aircraft transport your cargo, subject to the provisions of the Convention of International Civil Aviation.


Article 42 use of firearms 1-exceptional use of a firearm to your actual use under the following circumstances:) as a last means of Defense, to make cease or repel an aggression and illegal directed against his own or third parties, when there is imminent danger of death or serious harm to physical integrity and when this defense cannot be guaranteed by law enforcement officers of the State and the shot be preceded by verbal warning or warning shot and under any circumstances and may target the body's lethal zone; b) as a last means of Defense, to make cease or repel an assault and unlawful 90 directed against the assets of own or third and when this defense cannot be guaranteed by law enforcement officers of the State, and the only warning shots. 2-it is considered exceptional use of a firearm: a) the exercise of sports practice or venatórios acts, acts of hunting management and hunting activities, in particular the practice of hunting in specific areas; (b)) as a means of alarm or distress call, in an emergency situation, when other means cannot be used with the same purpose; c) as a means of repelling an imminent aggression or running, perpetrated by animal likely to endanger the life or physical safety of himself or others, when this defense cannot be guaranteed otherwise.

Article 43 1 home security-the carrier that physically separates the firearm must put it inside of a safe or Cabinet portable security, whenever required and with lock or mechanism that would prohibit the use of the same. 2-the safe or Cabinet referred to in the preceding paragraph may be replaced by House-Fort or fortified. Article 44 electrical Weapons, aerosols and other reduced lethality weapons 1-use of electrical weapon, aerosols and other non-lethal weapons must be preceded by warning explicit as to your nature and intention of your use, applying mutatis mutandis, the limitations laid down in article 42 91 2-these weapons or devices must be transported in own bag to the effect with the safety catch on, and be stored at home in a safe place. SECTION III Prohibition of use and carry firearms article 45 intake of alcohol or other substances 1-it is forbidden to arrest or carry firearms under the influence of alcohol or other narcotic or psychotropic substances, and the gun carrier, by order of the competent police authority, obliged, under penalty of incurring qualified disobedience crime , to submit the evidence for your detection.

2-means to be under the influence of alcohol who present a blood-alcohol rate equal to or greater than 0.50 g/l. 3-The proof referred to in paragraph 1 comprise research surveys of alcohol in exhaled air, blood tests and other medical tests. Article 46 1 Surveillance-the examination of alcohol in exhaled air is carried out by any authority or officer of the authority, through the approved device. 2-whenever the result of the test is positive, the agent must notify the authority in writing of the relevant result examined and ensuing penalties and the possibility of this require the achievement of rebuttal by blood analysis. 3-If the suspicion to existence of narcotic substances or other, the exam is done by blood test or other medical tests, and the suspect was driven by 92 authority agent nearest health facility equipped with means enabling your accomplishment. 4-the collection of blood for the purposes of the preceding paragraphs shall be carried out within 2 hours and is performed in official health facility or, in the case of rebuttal of examination that already consisted of blood analysis, in another health facility, public or private, indicated by the examined, since your location and hours of operation for your weight within the period referred to. 5-for the purposes of the supervision referred to in this article, the police authorities can use the devices and other means approved under the highway code and supplementary legislation.

Chapter V Gunsmithing section I types of permits, your assignment and forfeiture article 47 granting of permits By order of the national director of the PSP, can be granted permits of dealer for pursuit of the activities of manufacture, sale or repair of weapons class B, B1, C, D, E, F and G and its ammunition, for scenic effects or film and for sale and auction of guns when intended for collection. Article 48-1 permits types in consideration of the intended activity and security conditions of the facilities, are assigned the following types of licenses: a) Charter of dealer of type 1, for the manufacture, Assembly and repair of 93 firearms and their ammunition; b) License of dealer of type 2, for the sale and repair of weapons class B, B1, C, D, E, F and G and their ammunition; c) License of dealer of type 3, for the sale and repair of arms of classes E, F and G and its ammunition. d) License of dealer of type 4, scenic and cinematographic purposes; and) 5 type of dealer License, for sale and auction of weapons intended for the collection. 2-the permits may be required for those who gather, cumulatively, the following conditions: a) is greater of 18 years; (b)) is in full use of all civil rights; c) is in good standing; d) Is holder of the certificate of approval for the pursuit of the activity of dealer or, in the case of a legal person, has a technical manager who fulfils the requirements of paragraph 1 (a))); and) Is carrying medical certificate; f) Is owner of commercial or industrial premises properly licensed and direct you to the safety conditions laid down for desired activity. 3-When the applicant is a legal person, the requirements mentioned under (a)), b), c) and (e)) of the preceding paragraph have to be present for all partners and managers or to the five largest shareholders or directors, as appropriate. 4-the assessment of the suitability of the applicant is made in accordance with the provisions laid down in paragraphs 2 and 3 of article 14 5-the gunsmith license is granted for a period of five years, renewable, your renewal conditional on verification of the conditions required for your award is not however required the certificate provided for in point (d)) of paragraph 2.

94

6-the gunsmith license is only granted after checked the safety conditions of the facilities, as well as proven ability that applicants possess for the activity, and the PSP, to this end, request the opinion of the class associations. 7-the requirements laid down in paragraph 2 are mandatory verification to the natural or legal persons from Member States of the European Union or third countries.

8-for the purposes set out in the preceding paragraph, can the National Directorate of PSP carry out assimilation of certifications issued by third States to the pursuit of the activity of dealer the corresponding license of type 1, without prejudice to the applicability of any treaties or agreements that Portugal is, in this domain, part celebrant or adherent. 9-the elements of the forces and security services and Armed forces, when on active service, not the pursuit of the activity of dealer. 10-gunsmith license holders can only exercise your activity in establishments licensed for the purpose, in accordance with the security rules defined, sticking to your activity to arms, ammunition and equipment provided for in this law. Article 49 Surrender of Charter the gunsmith license may only be transferred to a natural or legal person possessing equal conditions to those of your holder for the activity, your assignment dependent on authorisation from the national director of the PSP. Article 50 of the Charter 1 Impeachment-national director of the PSP can determine the appeal of the gunsmith license in the following cases: the 95) non-compliance with the legal provisions laid down for the practice of the activity; (b)) change in the assumptions on which the granting of the permit; c) for reasons of security and public order. 2-the forfeiture of the licence is preceded by an inquiry procedure, instructed by PSP with all documents related to the ground of appeal relating to infringement and other elements that are required. 3-the gunsmith who is impeached the planning should terminate the installation within 48 hours after the notification of the decision, under penalty of incurring the crime of qualified disobedience, without prejudice to the PSP opt for another procedure, in particular the immediate closure and preventive sealing of the facilities. Article 50-the electronic commerce electronic commerce of weapons and their ammunition, supplies and equipment, licensed under this legal regime is forbidden. SECTION II obligations of gunsmiths, records and maps Article 51 special Obligations of dealers as the activity 1-gunsmith license holders, in addition to other obligations of this law, are especially required to: a) the activity according to your planning and legal standards; b) Keep the records updated required; c) Send to the PSP copy of required records; d) Observe strictly all safety rules to which it is subject the activity; e) Provide Oversight Services PSP, whenever requested by them, the 96 access to the registers of arms and ammunition, as well as the Conference of the weapons and ammunition in existence; f) Present the weapons transferred from another Member State, as well as its documentation, where requested by the competent authorities.

2-The gunsmiths are especially required to register daily the following acts: a) the import, export and transfer of arms; b) import, export and transfer of ammunition; c) purchase of arms; d) sale of arms; e) purchase and sale of ammunition; f) Manufacture and Assembly of arms; g) repair of weapons; h) stocks of arms and ammunition. 3-In each of the records referred to in the preceding paragraph are recorded separately, the weapons and ammunition by classes, indicating if your manufacturer, model number, size, date and entity with whom he performed the transaction, its licence or permit number of the permit, when required. 4-the records are made in books or data medium and must exist in all the places of manufacture, sale or repair of weapons and their ammunition. 5-at the gunsmith has only required the register referred to in paragraph h) of paragraph 2. 6-the gunsmith refers to the PSP until the day 5 of each month, a copy of the records required. 7-The records shall be kept for a period of 20 years. Article 52 97 special Obligations of gunsmiths in 1 retail-sale to the public of firearms and their ammunition may be carried out only by persons duly authorized to that effect, with domain of the Portuguese language. 2-it is up to the dealers or their employees to verify the identity of the buyer, the existence of ' qualifying licenses, confirm and explain the characteristics and effects of the weapon and ammunition sold as well as the applicable safety rules. 3-the gunsmith and their workers shall refuse the sale of a firearm or ammunition whenever the buyer shows signs of drunkenness, notorious psychic disturbance drug consumption or ingestion of any substance that will affect behavior. SECTION III obligations of gunsmiths in the manufacture, Assembly and repair of arms article 53 source tag 1-the holder of license of type 1 is required to record the weapons he produced the your name or brand, model, country of origin, and year of manufacture serial number and then the same to the PSP for the purposes of examination. 2-The firearms produced in Portugal must have entered a source and puncture a marking by a bank officer of evidence recognized by order of the Minister of internal affairs. Article 54 weapons manifest the manifest of weapons manufactured or assembled is always done in favour of gunsmiths enabled with license of type 2 or 3.

98

Article 55 special Obligations of the gunsmiths on repair of firearms 1-it is forbidden to repair of firearms that are not properly manifested and accompanied by the corresponding booklets or manifest document that replace them. 2-When the repair of weapons could result in elimination of the manufacturing serial number or alteration of its characteristics, should weapons be previously examined and tagged by PSP. 3-the weapons without serial number of manufacture shall be subject to examination and marking referred to in the preceding paragraph. 4-for the purposes of greater Sports Fitness can be authorized by the national director of PSP changes in arms exclusively used in this activity, being mandatory the endorsement to its manifest. CHAPTER VI Careers and fields of fire section I practice article 56 1-enabled Sites is only allowed to carry out shooting with firearms in careers and fields of fire duly authorised or in the exercise of venatórios acts, acts of hunting management and hunting activities, in particular the practice of hunting in specific areas for the effect, in the sports and recreational practices in rustic private properties with security conditions.

99 2-shall be excluded from the scope of this law the careers and fields of fire for military or police use, whether or not engaged in the practice of shooting sports. SECTION II Attribution of authorizations, your transfer and forfeiture article 57 1 Competence-the licensing of the careers and fields of fire depends on chartered by the national director of the PSP. 2-the creation of careers and fields of fire in rustic properties, with the area suitable for this purpose, for restricted use of the owner, depends on license granted by PSP. 3-Are excluded from the provisions of paragraph 1 the careers and fields of fire of the initiative of the Institute of sport in Portugal, since they are guaranteed security conditions. Article 58 granting permits natural or legal persons wishing to install careers or fields of fire must apply to the national director of the PSP Charter and the respective local licensing, observing, on the applicable, the provisions of paragraphs 2 et seq. of article 48 article 59 Assignment and forfeiture of the Charter Are applicable to assignment and forfeiture of permits for exploration and career management and take the provisions of the articles 49 and 50 CHAPTER VII 100 import, export, transfer and European card firearms section I import and export of weapons and ammunition article 60 prior permission to import and export 1-import and export of weapons, essential parts of firearms, ammunition and their components, cartridges and its components or wrappers, wrappers with percussion caps or just percussion caps and other accessories and parts are subject to prior authorisation of the national director of the PSP. 2-the authorisation may be granted: a) the holder of the license of dealer, according to the activity carried out; (b)) to the license holder (B), or exempt under the law, to class B firearms; c) to the holder of license B1, C, D, E or F, to the class weapons permitted by its licence. 3-each year is only granted permission to import a gun licence holders B, B1, C, D, E and F, or are exempt. 4-citizens returning nationals of third countries after an absence of more than one year and foreigners from these countries who wish to take up residence in the national territory may be authorized to import weapons class B, B1, C, D, E, F or G and their ammunition, however subject to proof of getting its license to use and or detention.

5-the authorization referred to in the preceding paragraph may, in duly substantiated cases, be granted by the national director of the PSP, the returning nationals of third countries before the expiry of a year.

101 6-the application, accompanied by the end-user certificate when the gun is intended for export, indicate the type, make, model, caliber, serial number of manufacture, other characteristics of the gun and the gun have been subject to the control of conformity. 7-prior to granting export authorization the PSP calls on the Ministry of Foreign Affairs opinion on the fulfilment by the country of destination of the criteria laid down in the European Union code of conduct on arms exports. 8-the opinion referred to in the preceding paragraph is binding and sent to PSP within 10 days after the request. 9-can only be accepted in the national territory the weapons approved by order of the national director PSP. Article 61 Procedure for granting a prior authorization 1-the application of the import authorization shall contain the number and date of the license, the license of the applicant, a description of the items to import, your origin, characteristics and quantities, the name of the manufacturers and resellers, as well as the indication of the weapons have been placed under the control of conformity. 2-the authorization is valid for a period of 180 days, extendable for one period of 30 days. 3-the authorization is provisional, definitive expertise to be carried out after by PSP. 4-the preceding paragraphs shall apply mutatis mutandis to the export authorisation whenever the national director of PSP deems necessary. Article 62 prior authorization for the temporary import and export 102

1-national director of the PSP may issue authorization for the temporary import or export of weapons intended for the venatória practice, sports competitions or fairs of collectors, recognized by their federations or associations, at the request of their owners or the bodies that promote those initiatives, 2-national director of the PSP can also issue authorization for the temporary import or export of arms and ammunition intended to integrate showcases and demonstrations at the request of commercial agents and representatives of national and foreign factories, duly accredited by the PSP. 3-the authorisation contained in the type, make, model, caliber, serial number and other characteristics of the weapon and its quantities, the presence or absence of the country, as well as, where appropriate, the safety rules to be observed. 4-[Repealed]. Article 63 1-Expertise the expertise shall be carried out within five days of your request and is intended to verify that the items declared for import, and where appropriate for export are in accordance with the provisions of this law.

2-the expert can only be effected after the importer or exporter providing the data that have not been presented by the manufacturer at the time of the application for prior authorisation, concerning weapons, the essential parts of firearms, munitions, the cartridges or shells with percussion caps or just percussion caps. 3-the opening of packages with weapons, essential parts, ammunition, casings with percussion caps or just percussion caps can only be carried out in the Customs offices in the presence of an expert of the PSP, on submission of the customs declaration 103 accompanied by all required documents, ready for verification. 4-the expert referred to in the preceding paragraph is made jointly with the Directorate General of armaments and defence equipment in the case of weapons, ammunition or accessories whose dual civil and military feature the become suitable in the following standards of article 3 a) (a)) (c)), q) and r) of paragraph 2; b) No. 3; c) (a)) c) of paragraph 5, only in the case of semi-automatic weapons and repetition; d) (a)) of paragraph 6, only the semi-automatic weapons. 5-When, following the expert referred to in the preceding paragraph, the weapons, ammunition and accessories are classified as military weapons, confused with the process of assigning authorizations to import, export, transfer, transit and transhipment terminates, the weapons are returned to the origin and the respective international notification process follows the provisions of the legislation applicable, itself under the Ministry of national defense.

Article 64 1 customs procedures-import and export of weapons, essential parts of firearms, ammunition and their components, cartridges and their components, enclosures with percussion caps or just percussion caps and other accessories and spare parts shall be carried out at offices of Lisbon, Porto, Faro, Ponta Delgada, Funchal and the Directorate General of customs and Special taxes on consumption. 2-the customs declaration for import or export depends on the presentation of the 104 import or export authorisation granted by PSP and renders with observance of the applicable customs rules, without prejudice to the provisions of this law. 3-the import authorisation is filed at Customs Office customs declaration processing. 4-the customs declaration for import or export is communicated to the PSP in the 15 days following their completion. Article 65 No regularization of customs status 1-in the absence of prior authorisation for import or export weapons, ammunition and essential parts of firearms, shells with percussion caps or just percussion caps are deposited in a place to be determined by PSP or by the head of the Customs Office, if this meet appropriate security conditions, and the owner notified that the weapons and ammunition or other articles will be lost to the State if it is not paid to your situation within 180 days.

2-for the purposes of confiscation in favour of the State or of auction, the Customs offices till delivery to auto PSP articles originating in third countries indicating the tariff classification and rate of Community own resources and other charges payable on importation, in accordance with community and national legislation. 3-The charges by way of Community own resources and other charges payable upon import, although the articles have a destination other than the sale, are forwarded to the DGAIEC. Article 66 Dispatch of arms for diplomats and official escorts 105 1-entry into the national territory and the output of this firearms and ammunition of the missions accredited to the Portuguese State, or other diplomatic character contemplated by agreements between States, are exempt from customs formalities. 2-input and movement in the national territory and the output of this firearms and ammunition for use, business and transport by elements of forces and security services of other States, on an official mission in Portugal or in transit to or from third countries, without the authorization of the national director of the PSP, being exempted of customs formalities. SECTION II article 67 Portugal transfer Transfer to Member States 1-shipment or transfer of weapons, essential parts of firearms and their components, ammunition and cartridges and its components or casings, casings with percussion caps or just percussion caps and other accessories and parts of Portugal for the Member States of the European Union depends on authorisation, in accordance with the following paragraphs. 2-the application for authorization shall be addressed to the national director of the PSP and must contain: a) the identity of the buyer or transferee; b) the name and surname, date and place of birth, residence and identification number, and the date of issue and an indication of the authority that issued the documents, in the case of a natural person; c) the name and registered office, as well as the elements of identification referred to in the preceding paragraph with regard to your representative, in the case of a legal person; d) the address of the location where you are sent or transported the weapons;

106

and) the number of weapons belonging to the sending or transportation; f) type, make, model, caliber, serial number and other characteristics of the weapon, as well as the indication of the weapons have been placed under the control of conformity; g) the means of transfer; h) the date of departure and the estimated date of arrival of the weapons. 3-the application referred to in the preceding paragraph shall be accompanied by the authorization issued by the Member State of destination of the weapons when required. 4-the PSP checks the conditions under which the transfer takes place to determine if security conditions warrant it. 5-the requirements of the preceding paragraphs, is issued an authorization for the transfer, by order of the national director of the PSP, where containing all data required in paragraph 2 of this article.

6-the transfer authorization must accompany the gun or guns to the point of destination and must be provided, whenever requested, the authorities of the EU Member States of transit or destination. Article 68 Member States Transfer to Portugal 1-admission or entry and circulation of weapons, essential parts of firearms and their components, ammunition and cartridges and its components or casings, casings with percussion caps or just percussion caps and other accessories and parts from other States. 2-authorization is granted by order of the national director of the PSP, subject to the provisions of this Act, upon request of the person concerned, accompanied by the particulars referred to in (f)) of paragraph 2 of the preceding article.

107 3-the weapons entering or circulate in Portugal must be accompanied by the authorization issued by the competent authorities of the country of origin. 4-the requirements of the preceding and following verification by PSP expert of the characteristics of weapons, essential parts of firearms and their ammunition, casings with fulminant or acute only where bearing the particulars referred to in paragraph 2 of the preceding article, shall be issued a permanent transfer, by order of the national director of the PSP. 5-for reasons of internal security, the Minister of internal affairs can authorize the transfer of arms to Portugal with exemption of the formalities laid down in the preceding paragraphs, and should communicate the list of exempted guns to the authorities of the other Member States of the European Union. 6-can only be accepted in the national territory the weapons approved by order of the national director of the PSP. Article 68-the temporary transfer 1-national director of the PSP may authorise the temporary transfer of arms intended for the hunting season practices, sports competitions or fairs of collectors, recognized by their federations or associations, at the request of their owners or the bodies that promote such initiatives. 2-national director of the PSP can also issue authorization for the temporary transfer of weapons and ammunition intended to integrate showcases and demonstrations, at the request of commercial agents and representatives of national and foreign factories, duly accredited by the PSP. 3-the authorisation contained in the type, make, model, caliber, serial number and other characteristics of the weapon and its quantities, the presence or absence of the country, as well as the safety rules to be observed.

108 4-the authorization referred to in paragraph 1 is to the European card holders of firearms, provided that it be made the weapons transferred. Article 69 1 Communications-PSP sends all relevant information in its possession about definitive transfers of weapons to the corresponding authorities of the Member States of the European Union to perform the transfer. 2-whenever the Portuguese State is bound by agreement or international treaty to notify third countries concerning the export of weapons, the PSP makes the communications necessary for the entity in accordance with the obligations assumed jurisdiction for that purpose. SECTION III European Card firearms article 70 European Card firearms 1-the European firearms card is the document that entitles the holder to hold your one or more firearms in any Member State of the European Union since authorized by Member State of destination. 2-the European card firearms is granted by the national director of the PSP and is valid for a period of five years, renewable for equal periods, provided that the requirements arise that led to your issue. 3-applications for granting European card firearms are instructed with the following documents: a) the granting of request Request stating the complete applicant identification, including marital status, age, occupation, birthplace, nationality and domicile;

109 b) two photographs of the applicant and passport size; c) copy of the license or licenses of use and possession of firearms or evidence of your exemption; d) copy of manifest Carnets of weapons that intends to take; e) copy of the identity card or passport. 4-national director of the PSP can determine at any time the seizure of the European card firearms for reasons of security and public order of particular note. 5-Are registered weapons owned by the applicant, as well as your loss or theft. Article 71 1 Visas-the authorization referred to in paragraph 1 of the preceding article is the form of prior approval and must be requested to the PSP when Portugal is the State of destination. 2-the prior approval referred to in the preceding paragraph is not required for the exercise of venatória or sports practice, since proven the point of travel, in particular, upon presentation of an invitation or other document proving the practice of hunting or target shooting in the Member State of destination. CHAPTER VIII Marking and registration section I Manifest article 72 Competence the PSP the Organization and maintenance of the registration and supervision of 110 guns

classified in article 3 and its ammunition. Article 73 1-Manifest manifest weapons class B, B1, C and D and those provided for in subparagraph (c)) of paragraph 7 of article 3 is required, results of your import, transfer, manufacture, presentation or purchase and in light of its characteristics, classifying them according to the provisions of article 3 2-every weapon manifested a manifest Carnet , to be issued by PSP. 3-the issuing of registration is conditional upon completion of a test, in accordance with its own legislation. 4-manifest in the Carnet number and issue date, class, make, caliber, serial number, number of pipes and your owner identification. 5-In case of loss or destruction of the Carnet, a duplicate is granted after organized its justification process. Article 74 1-marking and Numbering the guns that are not marked with the serial number, name or brand and origin, caliber and model cannot be accepted in the national territory. 2-the weapons that are not marked with the serial number, name or brand and origin, size and model, already in the national territory and have been acquired by succession mortis causa or as collectible are numbered, marked and subjected to puncture by PSP. 3-Being collectible weapons, the marking must be carried out so as to not lessen your value. 4-The ammunition produced, marketed and used in Portugal must be marked so as to identify the manufacturer, the identification batch number, the calibre and the type of 111 ammunition, in accordance with the rules to be laid down by order of the national director of the PSP. Article 75 Facts subject to registration 1-the loss, theft, robbery and weapon transmission shall be subject to registration on the PSP. 2-the weapons that disable altogether are delivered on the PSP with its manifest Carnet and ammunition record book, if you have one.

CHAPTER IX common provisions Article 76 pursuit of the activity of dealer and career management and shot 1-the Constitution of legal persons in the form of a public limited company whose corporate purpose consists in whole or in part, in the pursuit of the activity of dealer or in the exploitation and management of careers and fields of fire requires that all shares representative of share capital are your registered shares. 2-regardless of the type of legal person whose object consists in whole or in part, in the pursuit of the activity of dealer or of holding and managing careers and fields of fire, any transmission of your shareholdings must always be authorized by the national director of the PSP, being required to the new holder verification of the legal requirements for the activity. Article 77 liability and compulsory insurance 1-the holders of licences and permits provided for in this law or those to whom the relevant organic law or professional status assigns or dispensation of the use license and gun permit are civilly liable, regardless of your fault, for damages caused to third parties 112 as a result of the use of firearms which they hold or your exercise activity. 2-the gross violation of code of conduct for the custody and transport of firearms determines always sympathetic your owner's liability for damage caused to third parties by using legitimate or not, that the same will be given.

3-with the exception of the holders of licences and or special license, when the gun is not of your property, is required for the conclusion of civil liability insurance contract with insurance undertaking which is transferred to your responsibility until a minimum capital set in joint Ordinance of the Ministers of finance and of the Interior. 4-the conclusion of civil liability insurance contract to the venatórios acts does not relieve the contract referred to in the preceding paragraph, unless the policy its contemplation. 5-If the insured is holder of more than one only license is bound to a single civil liability insurance. 6-holders of licences and permits provided for in this law or those to whom the relevant organic law or professional status assigned or dispensation of the use license and gun permit, shall prove, at any time and in supervisory headquarters, the existence of valid insurance. Article 78 Weapons declared lost in favour of the State Without prejudice to special legislation, all weapons declared lost in favour of the State are delivered to the custody of the PSP, which will promote your destination. Article 79 weapons seized 113 1-auctions Annually, the National Directorate for PSP organizes at least one sale at auction of the weapons that have been declared forfeited to the State, seized or found and able to be placed on the market. 2-Can bid on auctions of weapons: a) The legally exempt from license to use and carry firearms; b) license holders to use and carry firearms suitable for class auction piece, provided they fulfil the conditions as are legally required for possession of the weapon concerned; c) permits holders of a kind Made 2 and 3, depending on the class of the pieces present the auction; d) collector's license holders and collectors with Museum, running the process of issuing authorization to purchase after the bid, if necessary. 3-upon request of the National Directorate of the PSP or of public entities responsible for scientific expertise and ballistic laboratories, can be taken from any arms sale with scientific interest for the study and investigation, and assigned free of charge. 4-operating rules, obligations, requirements for granting and collect fees for issuing of permits of dealer 4 and type 5 are established by order of the Minister of internal affairs. Article 80 1 seized Weapons-all weapons seized to the criminal prosecutions are on availability of judicial authority until final decision on the same fall. 2-the weapons are deposited at the premises of the PSP, the Guarda Nacional Republicana, or military unit which best ensures your security and availability at all stages of the process, without prejudice to the provisions of special legislation applicable to criminal police bodies.

114 3-will only be deposited weapons on the premises of the National Republican Guard in the area of the Court that ordered the seizure does not operate the PSP.


4-exceptionally, given the nature of the weapon and your danger, can the judge order the deposit in your military unit, security conditions to the effect, after details of the Ministry of national defence. 5-it is up to the PSP, maintain, organize and make available a computer file of national weapons learned, carry out your statistical analysis and technique and disseminate information to national and foreign entities. 6-all entities that proceed to the seizure of firearms, regardless of the reason that determined the seizure, communicate the arrest to your PSP, for the purpose of centralizing and processing of information, in accordance with the rules to be laid down by order of the competent Government members. Article 81 Advertising advertising is not allowed the guns, their characteristics and abilities, except in industry publications, trade shows, exhibitions of hunting weapons, evidence, and shooting sports for long guns, agricultural fairs. Article 82 compulsory Delivery of weapon found 1-Who find firearm is required to deliver the same to the police authorities, against receipt of delivery. 2-with delivery should be denominated term of justification for the possession, containing all the circumstances of time and place where the finding occurred. 3-all weapons delivered must be the subject of analysis and ballistics expertise to be carried out by the competent Department of the judicial police.

115 4-find, as soon as made available by the authorities, if it's likely to trade, will be subject to auctioning, reversing the proceeds from the sale to the Finder. Article 83 fees 1-filing requirements, the granting of licences and permits, and their renewals, permits, inspections and examinations, the manifests and all acts subject to order, referred to in this law, are dependent on the payment by the interested of a value to be fixed by order of the Minister to protect the internal administration , subject to annual updating, taking into account the average price index with the officially published consumer and for the immediately preceding year. 2-the provisions of this law shall be without prejudice to the exemptions provided for in the law. 3-the product of the rates provided for in paragraph 1 revert in favour of the PSP. 4-for the purposes of paragraph 1, can be used electronic means of payment, in accordance with the conditions and time limits laid down in the regulatory legislation of this law. 5-the lack of voluntary payment of amounts due pursuant to paragraph 1 determines the automatic suspension of any permit provided for in this law. Article 84 1-delegation of powers the powers conferred in this Act to the national director of the PSP can be delegated and subdelegated in accordance with law. 2-it is the national director of PSP issuing technical instructions aimed at establishing operating procedures within the legal regime of weapons and ammunition.

116 Article 85 the Exemption provisions of this law concerning certificate of approval for the use and possession of firearms does not apply to applicants who, by your professional experience within the armed forces and of the forces and security services, has acquired its own statement in the use and handling of firearms to be considered adequate and fairly on the certificate issue by command or competent direction under the regulatory legislation of this law. CHAPTER X criminal responsibility and offences section I criminal responsibility and common danger offences article 86 detention of prohibited weapon crime committed with a gun 1-Who, without even meeting authorized outside the legal conditions or otherwise to the requirements of the competent authority, holding, transport, import, transfer, store, buy, acquire any title or by any means or obtain by manufacture , processing, import, transfer or export, use or bring with you: a) equipment, military and war materials, biological weapon, chemical weapon, radioactive or weapon capable of nuclear explosion, automatic firearm, explosive, or incendiary explosive device civil improvised is punished with imprisonment from 2 to 8 years;

b) products or substances that are intended or may be aimed, wholly or partly, 117 to be used for the development, production, handling, maintenance, storage, or proliferation of biological weapons, chemical weapons or radioactive weapons or explosions, or for the development, production, maintenance or storage of devices capable of delivering these weapons, is punished with imprisonment of 2 to 5 years; c) Gun of the classes B, B1, C and D, rifle or carbine easily dismountable in small size components with a view to concealment, your unmodified rifle smooth-barrel less than 46 cm, firearm disguised in the form of other objects, or firearm transformed or modified, is punished with imprisonment from 1 to 5 years or with a fine penalty up to 600 days; d) weapon of class, melee weapon disguised in the form of other objects, automatic opening knife, box cutter, butterfly knife, throwing knife, throwing star, boxers, other melee weapons or devices or instruments without application set that can be used as a weapon of aggression and your carrier doesn't justify your possession, aerosols of Defense referred to in subparagraph (a)) of paragraph 7 article 3 , weapons launch customers, gas electric baton, electrical weapons listed in subparagraph (b)) of paragraph 7 of article 3 any machines or instruments constructed solely for the purpose of being used as a weapon of aggression, silencer, essential parts of the firearm, ammunition, as well as ammunition with their expansive, piercing projectiles, explosives or incendiaries, is punished with imprisonment up to 4 years or with a fine penalty up to 480 days. 2-the detention of unregistered gun or manifested, when required, is, for the purposes of the preceding paragraph, possession of weapon outside the legal conditions. 3-the penalties applicable to crimes committed with a gun are compounded of one third in its minimum and maximum limits, unless the size or use of weapon is its element type of crime or the law already provides for aggravation to the crime higher, depending on the use or carry firearms. 4-for the purposes set out in the preceding paragraph, it is considered that the crime is committed with the gun when any comparticipante bring, at the time of the crime, apparent gun or 118

hides provided for in (a)) d) of paragraph 1, even if it is authorized or within the legal conditions or requirements of the competent authority. 5-In case some may be exceeded the maximum 25-year prison sentence. Article 87 trafficking and mediation of arms 1-Who, without even meeting authorized outside the legal conditions or otherwise to the requirements of the competent authority, sell, cede in any capacity or in any way distribute, mediate a transaction or, with intention to forward your detention, possession or property, adopt some of the behaviors referred to in the previous article, involving any equipment, military and war materials , guns, machines, instruments, mechanisms, ammunition, substances or products mentioned therein, shall be punished with a penalty of 2 to 10 years in prison. 2-the penalty referred to in paragraph 1 is of 4 to 12 years in prison: a) the agent is an employee responsible for prevention or prosecution of any of the illicit activities referred to in this Decree; or (b)) that thing or things are, with the knowledge of the agent, criminal associations, organisations or groups; or c) agent do those pipelines. 3-the penalty can be specially mitigated or not take place to your punishment if the agent leave voluntarily your activity away or decrease considerably the danger caused by it, prevent the result the law wants to avoid that or assist in the collection of the decisive evidence for identification or capture of other officials.

Article 88 119 Use and carry firearms under the influence of alcohol and narcotic drugs or psychotropic substances 1-Who, at least by negligence, holding, transport, use or carry gun with a blood-alcohol rate equal to or greater than 1.2 g/l is punished with imprisonment up to 1 year or with a fine penalty up to 360 days. 2-the same penalty who incurs at least negligently, holding, transport, use or carry gun not being able to do it safely, for meeting under the influence of narcotic drugs or psychotropic substances or products with a similar disturbing effect of physical fitness, mental or psychological. Article 89 of the possession of weapons and other devices, products or substances prohibited locations Who, without being specifically authorized by legitimate reason or by legally competent authority, carrying, holding, use, distribute or carrier, in sports or religious, in exclusion zone, in establishments or places where civic or political demonstration takes place, as well as in institutions or places of amusement , fairs and markets, any of the weapons referred to in paragraph 1 of article 2, as well as any munitions, devices, instruments, mechanisms, products or substances referred to in article 86, is punished with imprisonment up to 5 years or with a fine penalty up to 600 days, if more severe penalty you don't fit under any other statutory provision.

SECTION II accessory Penalties and security measures article 90, Ban use and arms 120 1-may incur in temporary interdiction of detention, use and possession of weapon or weapons who is convicted for a crime under this law or by practice, the wrongful or negligent, title of crime in whose preparation or execution has been relevant use or availability on the gun. 2-the period of prohibition has the minimum one year and maximum equal to the upper bound of the criminal frame of the crime in question, not counting for this purpose as long as the weapons, licences and other documents have been seized to the process or where the convict has been subject to coercive measure or penalty or security measure. 3-the ban implies the prohibition of possession, use and possession of weapons, in particular for personal effects, functional or industrial, or other venatórios, as well as for the granting or renewal of a license, European card firearms acquisition permit or firearm during the prohibition, and the condemned do or delivery of weapons , licenses and other documentation at post or police unit in the area of your residence within 15 days of transit. 4-the ban is enacted regardless of the convict enjoy exemption or waiver of license or special permit. 5-the ban decision is reported to the PSP and, where appropriate, to the relevant public or private entity in the procedure of assignment of a firearm or who the convicted depends.

6-the convict who fails to deliver the weapons in the period referred to in paragraph 3 incurs qualified disobedience crime. Article 91 prohibition of frequency, participation or entry into certain places 121 1-can be temporarily prohibited the frequency, participation or entry into educational establishment, sports grounds, establishments or places of amusement, places where cultural, sports or manifestation occurs venatória, fair or market, or field firing range, who convicted: a) the practice of crime provided for in this law practiced in one of the places referred to; (b)) by the practice of crime committed in one of these locations or that should be reflected significantly in the same and in whose preparation or execution was relevant a gun. 2-the period of prohibition has the minimum period of one year and a maximum of five years, not counting the time in which the condemned is subject to coercive measure or in compliance of safety sentence or deprivation of liberty. 3-the ban decision is reported to the PSP and the administrative authority, Sports Federation, association or public or private entity to regulate or enforce the sector or activity or organize the event. 4-the failure does incur the convicted crime of qualified disobedience. 5-the decision to ban can comprehend the obligation of presentation of the condemned at the station or police unit in the area of your residence on the day or days of the fair, or market, cultural sporting event or hunting.

Article 92 prohibition of exercise of activity 1-may incur in temporary interdiction of exercise of the activity of dealer or licence holder of exploitation of field or shooting range that is condemned, callous and title in any form of participation, by the practice of crime committed with severe deviation of the purpose for which it was licensed or accredited or with serious violation of duties and rules governing the exercise of the activity. 2-the ban has the minimum duration of 6 months and a maximum of 10 years, not counting to 122

This effect the time in which the condemned has been subject to a measure of coercion or in compliance with sentence or execution of custodial security measure. 3-the ban implies the prohibition of the exercise of the activity or practice of any act in that it translates, as well as the granting or renewal of permits, authorization, licence or accreditation in the period of interdiction. 4-the activity or practice of acts in which the same to translate during the period of interdiction does incur a crime of disobedience. 5-the provisions of paragraph 3 of article 90 Article 93 1-security measures Can be applied to a security measure of forfeiture of license, use and possession of weapons or planning the who: the convicted for) a crime provided for in this law, the practice of any of the offences referred to in paragraph 2 of article 14 or for crimes related to firearms or committed with violence against persons or goods;

b) Is acquitted of the crimes referred to in the preceding paragraph only by could, since the agent's personality and the fact that practiced do fear the Commission of new crimes involving such weapons or the agent proves unfit for detention and use of the same. 2-the measure lasts a minimum of 2 and maximum of 10 years. 3-the appeal involves the expiry of titles, the ban on granting new license or permit or firearm acquisition permit for the duration of the measure and the prohibition of possession, use and carry firearms or weapons, including to personal effects, functional or industrial, venatórios or others during the same period 123 and should the accused or who he is responsible to make delivery of arms, licenses and other documentation at post or police unit in the area of your residence within 15 days of transit. 4-the provisions of paragraphs 4 to 6 of article 90 article 94 loss of weapon 1-without prejudice to be declared forfeited to the State in general terms, any weapon handed in PSP, by virtue of the application to the convicted a penalty or security measure accessory, can be sold to who meet conditions for own. 2-sale, required by the condemned, is made by PSP the buyer indicated by him or, if there is no indication of buyer within 180 days as of the submission of the application, is taken the auction in accordance with article 79, reversing the proceeds from the sale to the convict, deducted expenses and fees to be fixed by order of the Minister that the internal administration.



Article 95 criminal liability of legal persons and entities regarded as legal persons and similar entities are responsible, in general terms, for the crimes provided for in articles 86 and 87 article 95-the arrest and pre-trial detention 1-no place to detention in flagrante delicto for crimes provided for in articles 86, 87 and 89 124 of this Act and for crimes committed with a gun , which should remain until the detainee be presented the trial hearing in the form field or the first judicial interrogation for possible application of coercive measure or guarantee. 2-out of flagrante delicto, detention for the crimes provided for in the preceding paragraph may be made by court order of judge or public prosecutor. 3-criminal police authorities may also order the holding out of flagrante delicto, on its own initiative, in the cases provided for in the law, and must do so if there is danger of further criminal activity. 4-apply to the defendant to pre-trial detention when there is strong evidence of felonies provided for in paragraph 1, punishable by a maximum prison term of more than three years, scanned the other conditions of application of the measure.

SECTION III Administrative Responsibility Article 97 illegal detention of gun Who, without even meeting authorized outside the legal conditions or otherwise to the requirements of the competent authority, holding, transport, import, store, buy, acquire any title or by any means or obtains for manufacture, processing, import or export, use or bring with you playing a firearm, weapon, blanks or alarm or arms of classes F and G , is punished with a fine of € 600 to € 6000. Article 98 125 General Violation of the standards of conduct and duties of weapon bearers Who, being the holder of a license, stop use or for carrier, carry gun out of legal conditions, affect gun diverse activity authorized by the national director of the PSP or in breach of the standards of conduct provided for in this law is punishable by a fine of € 500 to € 5000. Article 99 specific Violation of standards of conduct and other obligations who does not observe the provisions laid down in the following provisions: a) in paragraph 1 of article 28, paragraph 3 of article 31 and article 34, shall be punished with a fine of € 250 to € 2500; b) in paragraph 5 of article 11, paragraph 3 of article 18, paragraphs 1 and 3 of article 38 and article 56, paragraph 1, shall be punished with a fine of € 600 to € 6000;

c) in articles 32, 33 and 36, in paragraph 1 of article 45 and in paragraphs 1 and 2 of article 53, is punished with a fine of € 700 to € 7000. d) d) changing the characteristics of reproductions of firearms for recreation is punished with a fine of € 500 to € 1000. Article 100 violations of the standards for the pursuit of the activity of dealer 1-Who, being holder of license to pursue the activities of a gunsmith, meet to operate in violation of the rules and legal rules for the activity is punished with a fine of € 1000 to € 20000. 2-is punishable by fines referred to in the preceding paragraph the gunsmith who has retail establishment and do not observe the rules and obligations of conduct that is thank you as well as your employees. Article 101 126

Illegal exercise of activities subject to authorisation 1-Who, being holder of license for exploration of career or field, meet to operate in violation of the rules and legal rules for the exercise of same is punished with a fine of € 1000 to € 20000. 2-Who, not being authorized by the national director of the PSP, organize theatrical, cultural manifestation or another where they are used or fired guns, shows or gun show, auction or other type of initiative open to the public is punishable by a fine of € 1000 to € 20000. Article 102 illicit publicity Who make advertising for firearms and who publish, edit or transmit out of the conditions provided for in this law is punishable by a fine of € 1000 to € 20000. Article 103 Aggravation fines are compounded in its minimum and maximum limits for the triple if the holder of the licence or permit, the organizer or promoter, is a legal entity or equivalent, being responsible in solidarity for paying your partners, managers, investors and administrators. Article 104 Negligence and attempt 1-neglect and the attempt is punishable. 2-in the case of attempt, the fines provided for in the respective administrative offense are reduced to half in their maximum and minimum limits. SECTION IV supplementary Arrangements and competencies 127 article 105 1-subsidiary Regime in matters concerning the criminal liability or for offences is applicable in the Penal Code, the code of criminal procedure and the general scheme of the contravention. 2-the provisions of the preceding paragraph shall not preclude the application to the matter regulated by this law of the regime concerning the fight against organized crime and economic and other special legislation. Article 106 skills and product of fines 1-statement of alleged infringement it is for the PSP. 2-the application of the respective fines it is the national director, who may delegate this responsibility. 3-the product of the fines provided for in this Decree reverses in the percentage of 40% for the State, 40% for the PSP and 20% to be distributed among the other enforcement entities compliance with the present law. Section V arms Seizure and forfeiture of licences 107 Seizure of arms 1-the agent or police authority proceeds to the apprehension of the firearm, ammunition and their licenses and manifests, or other weapons, when: a) who holds, carry or transport to meet under the influence of alcohol, narcotic drugs, psychotropic substances or products of similar effect , verified in accordance with this law or refuse to submit to tests for your detection;

128 b) there is evidence of the practice by the suspected crime of mistreatment of a spouse, whom with he live in conditions similar to those of spouses, the progenitor of common descent in the first degree, the children, minor or person particularly defenceless on grounds of age, disability, illness or pregnancy and that is your care, your guard or under your management or education and responsibility before the grievance, complaint or observation of the Act, check likely in your use. c) meet outside the legal conditions or in breach of the requirements of the competent authority.

2-the seizure includes the firearm detained under exemption or waiver of license or special permit, as well as the firearm that is owned by public or private entity. 3-beyond the transmission of news of the crime to the Prosecutor or to the PSP, in the case of a misdemeanour, the seizure pursuant to the preceding paragraph is communicated to the public or private holder of the weapon, for the purposes of disciplinary action and/or refund of the weapon, in general terms. 4-In case of manifest State of inebriation or intoxication by drugs or psychotropic substances to person holding, use, size or can transport gun, the gun can be retained for any Hunter or sports shooter or by any person who can safely until the appearance of agent or police authority. Article 108 Cassation 1 license-subject to the forfeiture of permits by judicial authority, the national director of the PSP can determine the forfeiture of permits in cases where: a) the holder has been convicted of any crime;

129 b) the holder has been convicted of an offence in the exercise of hunting Act, having been banned a right to hunt or revoked the authorization or ceased, for revocation, that authorization; (c)) the holder has been convicted of crime of mistreatment to the spouse or the who with him to live in similar conditions, to children or minors to your care, or for the same crime was given the provisional suspension of the process of investigation; d) The holder was applied coercive measure of obligation not to contact certain persons or not attend certain places or certain means; and the holder was applied) as provisional suspension of the investigation process by imposing identical orders or rules of conduct; f) the holder used the gun for unauthorized purposes or different from those to which it is intended or has violated the rules of conduct of weapon; g) the holder has been kicked out of Sports Federation whose activity relates to the use of weapons; h) the holder contributed with blame for the theft or loss of the weapon; I) the holder contributed fault, on guard, security or transport of the gun, to the creation of danger or verification of accident. 2-in the cases provided for in paragraph 1 of the preceding article is denominated term temporary impeachment will follow along with work resulting from the news of the crime or of against-to the Prosecutor or to the PSP, respectively. 3-in the cases referred to in points (a) to (f)), g), (h)) and i) of paragraph 1, the granting of a new license shall be authorised only after five years of appeals and always involves the verification of all the requirements for your lease. 4-the General Directorate of forests should communicate to the National Directorate of the PSP, within 60 days after your event, the appeal or the expiry of the authorization for the practice of acts venatórios, as well as all the actual bans right to hunt that I know of.

130

5-for the purposes of subparagraphs (a)), c), (d)) and e) of paragraph 1, the Cassation will not occur if, subject to the procedure laid down in paragraph 3 of article 14, introduced by interested until 30 days after the final transit of condemnation, coercion measure set or the decision of the provisional suspension of the process of inquiry, there is judicial recognition of the reputation of the holder for your maintenance.

6-for the purposes of subparagraphs (a) (f)), g), (h)) and i) of paragraph 1, the PSP introduces a process of investigation with all elements related to the ground of appeal relating to the offence and others deemed necessary. 7-withdrawal of the license implies the delivery on your PSP, accompanied by the weapon or weapons that it authorizes and their inherent documents within 15 days after notification of the order, under penalty of Commission of crime of qualified disobedience. 8-within 180 days should the owner promote the sale of the weapon, under penalty of being declared lost in favour of the State. SECTION VI special crime prevention Operations article 109 strengthening the effectiveness of criminal prevention 1-security forces must plan and to implement, periodically, special criminal prevention operations in geographical areas bounded with the purpose to control, detect, locate, prevent the introduction, ensure the removal or verify the correctness of the weapons, their components or ammunition or substances or products referred to in this law by reducing the risk of offences provided for in this chapter, as well as other offences that these are typically associated with or when there is suspicion that some of these crimes may have been committed in order to carry out or cover up others.

131 2-the demarcation of geographical areas for the performance of special prevention operations may include: a) access control points to places in which constitute a crime the possession of weapons, devices, products or substances referred to in this law; b) Marshalling collective transport road, rail, inland waterways, as well as within these transport and in ports, airports, public roads or other public places, and their access, frequented by people who by reason of actions, patrolling or surveillance information officer is to admit that engaged in the practice of offences referred to in paragraph 1. 3-special operations prevention can understand, when necessary, the identification of the persons present in the geographical area where they are held, as well as the magazine people, vehicles or equipment and, where there is evidence of the practice of the crimes referred to in paragraph 1, risk of resistance or disobedience to the public authority or the need of driving to the police station not be possible to identify enough, conducting searches in the place where they are. 4-it is still the Public Security Police verification of articles referred to in this law and in transit in the international zone, with the possibility of opening of packages and containers for your destination and provenance evaluation. Article 110 Triggering and monitoring 1-Special preventive operations are always reported to the public prosecutor's Office, through the District Attorney General with jurisdiction in the geographical area concerned. 2-the communication must be made in advance and geofencing and temporal specification of the measures laid down by the national director of the PSP, the Commander General of the GNR or both, in the case of joint operation. 3-Without prejudice to the autonomy technique and tactics of the security forces, 132 operations may be accompanied, in technically available that is more suitable for a magistrate, who will be responsible for the practice of acts of jurisdiction of the Prosecutor that they may require. 4-operations can continue beyond the geographical and temporal spaces determined if the actions to be undertaken are resulting from other started within the original boundaries. Article 111 Acts of the exclusive competence of the examining magistrate 1-When in the course of a special operation becomes necessary prevention to carry out house searches or other acts of the exclusive competence of the examining magistrate, are adopted the necessary measures to follow up on the part of this magistrate, in technically available that is more appropriate. 2-when the operation should be developed in more than one judicial district, the investigating magistrate who, under the law, have jurisdiction in the territory of the district in which the operation begins. CHAPTER XI transitional and final provisions section 1 transitional provisions article 112 Weapons expressed in countries which were under Portuguese administration manifested weapons owners in countries that were under Portuguese administration have the term of 180 days after the entry into force of this law to replace the manifest document granted by the Portuguese authorities of the registration granted by the manifest national director of PSP and ammunition record book.

133

Article 112-reclassification of weapons the weapons that have been licensed under other legal regimes and to be reclassified by order of the national director of the PSP, in the context of this law, shall be used only for the activities defined in Article 113 reclassification dispatch transition to the new legal regime 1-licenses and permits to use and carry firearms granted under previous legislation are converted When your renewal, for the licenses now provided for in the following terms: a) license to use and carry firearms for Defense moves to use license and gun permit B1; b) license of use and possession of shotgun transitions to use license and gun permit C or D, as appropriate; c) use license and gun permit recreation Smoothbore transitions to use license and gun permit D; d) Authorization of use and possession of weapon of Defense ' V ' and ' model V-model ' transitions to special license, applying the same rules to this respect of expiry and validity; e) for the purposes of point (a)) of paragraph 3 of article 5, the existing references in the respective organic laws or statutes professionals to use and carry firearms for Defense means made to use license and gun permit class b. 2-The gunsmiths who are duly licensed in the pursuit of the activity shall have a period of six months from the date of entry into force of this law to require the granting a Charter for the intended activities in the new legal framework.

134 3-the owners of establishments engaged in arms sales in classes G and F have a period of six months from the date of entry into force of this law to require the granting of a license of type 3 for the continuation of the pursuit of the activity. Article 114 lifetime Detention of arms at home 1-The holders of weapons held under house arrest licenses issued pursuant to 46 of the Regulation approved by Decree-Law No. 37313, of 21 February 1949, retain the right to hold these weapons in accordance with previously established. 2-The owners of ornamental weapons covered by article 5 of the regulation approved by Decree-Law No. 37313, of 21 February 1949, retain the right to stop these weapons in accordance with previously established. 3-The owners of firearms expressed pursuant to Decree-Law No. 328/76, of 6 may, and that in accordance with the provisions of this law should be considered weapons grade to retain the right to stop these arms, since showing at the National Directorate of the PSP that are legitimate keepers and with security conditions laid down in this law. 4-The owners of firearms expressed and recorded under the previous regime as defense weapons and that by virtue of this law are not classified as weapons of class B1 retain the right to hold, use and carry those weapons, since showing at the National Directorate of the PSP that are legitimate keepers and with security conditions laid down in this law.

5-the possible transmission of the weapons referred to in paragraphs 1, 3 and 4 shall be subject to your destruction, be classified as weapons of class F, unless transmitted 135 public museums or, with the permission of the national director of the PSP, the associations of collectors with Museum, or, if this is the case, your reclassification as a weapon from another class legally allowed. Article 115 volunteer Manifest and house arrest 1 Provisional-all owners of firearms not expressed or recorded shall, within 120 days of the your entry into force, apply for your exam and presentation there is manifest in this case place the criminal procedure. 2-after examination and manifest, at the request of the person concerned, such weapons are, if likely to be legalized under this diploma, under temporary house arrest for a period of 180 days, and within that period claim with the necessary license, getting lost in favour of the State cannot be legalized. 3-the application for the temporary house arrest must be accompanied by a certificate of the applicant's criminal record. 4-In case of refusal or expiry referred to in paragraph 2 of this article without the presenter show be enabled with its licence, are the weapons stored in warehouse on the PSP, and apply the provisions of paragraph 7 of article 18 Article 116 ledger of ammunition Through the use license and gun permit and the manifest of the gun , is issued by the national director of the PSP, at the request of the person concerned, a ledger of ammunition. Article 117 regulations approve 1-Are adopted by regulatory decree the rules concerning following subjects: 136 a) licensing and the granting of permits for the exploitation and management of careers and fields of fire; b) technical conditions of operation and safety of careers and fields of fire. 2-Are approved by order of the Minister that the Internal rules relating to the following matters: a) Conditions for the exercise of the activity of dealer; b) technical training and civic arrangements for use and possession of firearms, including the contents and duration of the courses; c) aptitude test procedure for obtaining the certificate of approval for the use and possession of firearms; d) model of licences, permits, certificates and other necessary for the execution of this law; and fees to be charged by the) services and other acts provided for in this law. SECTION II-early Revocation of article 118 Standard set Are revoked the following diplomas: a) Decree-Law No. 37313, of 21 February 1949; b) Decree-Law No. 49439, 15 December 1969; c) Decree-Law No. 207-A/75 of 17 April; d) Decree-Law No. 328/76, of 6 may; e) Decree-Law No. 432/83, of 14 December;

137

f) Decree-Law No. 399/93, of 3 December; g) Law No. 8/97, of 12 April; h) Law No. 22/97, of 27 June; I) Law No. 93/97, of 22 August; j) Law No. 29/98, 26 June; l) Law No. 98/2001 of 25 August; m) Decree-Law No. 258/2002, of 23 November; n) Decree-Law No. 162/2003, of July 24; the) article 275.º of the Penal Code, approved by Decree-Law No. 48/95, of 15 March, amended by law No. 98/2001 of 25 August. Article 119 special legislation Legislation of its own, to be drawn up within 180 days, covers: a) the use and possession of firearms in sporty activities, including the definition of the types of weapons can be used, the procedures and the rules for licensing, continuing to apply, pending the entry into force of the new regime, the current legal framework;

b) collector's activity, in particular with regard to licensing, security and incentives to promote the Defense historical heritage; c) special law will govern the terms and conditions under which companies with license of dealer may provide evidence banks own or common to several of these companies. Article 120 Beginning of 138 the present law shall enter into force 180 days after your publication, with the exception of articles 109 to 111, which apply from the day following publication of this law.