1

PROPOSED LAW NO. 222 /X

Exhibition of Motives

In the democratic rule of law, the use of weapons competes, as a rule, to the forces of

security for protection of the rights, freedoms and guarantees of the citizen, maintenance of the

public peace and reinforcement of the authority of the state. Thus, the detention of illegal weapons or the

use of weapons in the commission of crimes must be specially repressed, in order to

respond in an appropriate and proportional manner to violent and serious crime.

For this reason, the present law provides for the aggravation of the penalties for the crime of possession of a weapon

prohibited and the crimes committed with recourse to weapon. In addition, it provides for the arrest, in or

out of flagrant offence, of the agents of crimes of detention of prohibited weapon or of crimes

committed with recourse to weapon, as well as the applicability of preventive detention in all

the cases of crimes of possession of prohibited weapon and of crimes committed with recourse to

weapon, to be matched by prison sentence whose maximum limit is more than three years.

All crimes practiced with guns become the subject of a special aggravation of

one third, at their minimum and maximum limits. This rule works according to a

principle of subsidity and with respect for criminal and procedural principles,

by which the aggravation only applies if another, more serious, is not established and if the use of

weapon do not constitute already an element of the type of crime.

On the other hand, this law receives the lessons of law enforcement over the past two years,

introducing the adjustments that have been shown to be necessary.

In the latter sense, some pre-existing legal definitions regarding the

types of weapons, specifically that of white gun, firearm transformed and of

reproduction of firearm for recreational practices ( softair ).

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It is now established that the weapons can only be allocated to the activity that motivated the

grant, unless dispatch of the National Director of the PSP to the reasoned application of the

interested.

It is governed by the regime of acquisition, arrest, use and possession of weapons intended for activities

sports, adestration of animals, public or private museums, scientific research

or industrial and uses in theatrical, cinematographic or other spectacle achievements

of artistic nature.

Punctual changes are introduced, so as to fully allow the practice of certain

sports activities, specifically, martial arts and softair .

It is restricted to purchase of recreational compressed air guns aimed at the practice of

lucid activities to be greater than 18 years.

They are subject to type-approval for weapons and ammunition intended for sale, acquisition, cedence,

detention, use, import, export and transfer and prohibits the importation,

export, transfer and trade, in national territory, of weapons and ammunition not

homologated.

It is made clear that the situations of exemption or dispensation of legally foreseen leave are

correspondingly applicable the obligations provided for the licence holders.

It allows for the use and possession of hunting weapon at greater than 16 and smaller than 18, provided that

duly accompanied by the paternal power holder and on the condition that it is the

owner of the weapon used by the minor and posits license.

The technical and civic training courses for the use and possession of weapons go on to cover

also the electric weapons and defence aerosols and the courses of updating the holders

of leave intended for hunting go on to take place in every 10 years.

It is perfected the regime of detention and gun custody, going forward to provide for guard made

in non-portable vault.

Limited acquisition of ammunition, not being allowed to holders of the C and D licences to

detention of more than 1000 ammunition or more than 250 ammunition, respectively, saved

3

special authorization.

It is regulated the granting of armeiro alvaras for the exercise of manufacturing activity,

buying and selling or repairing weapons and their ammunition, for the purpose of céic or

cinematographic and for sale and auction of weapons when destined for the collection.

The development of activities for holders of armeiro alvarians is only allowed in the

establishments licensed for the purpose and in accordance with the defined safety rules

and expressly forbids the electronic trade of arms.

It becomes the special obligation of the armeiro to inform the purchaser of the weapon about the

respective safety rules.

Some procedures for the import and export of weapons and ammunition are clarified.

A regime for the temporary transfer of weapons intended for practices is created

venatoriums, sports competitions or collectors ' fairs, recognized by the

respective federations or associations, the requirement of their owners or of the

organisms that promote these initiatives.

They become facts subject to record the registration and enrollment of firearms holders and

respective characteristics.

It will compete for PSP, maintain, organise and make available a national informatics file of

weapons learned, proceed to their statistical and technical analysis and disseminate information to

national and foreign entities. For this purpose, all entities that proceed to

seizure of firearms, communicate their apprehension to PSP, for the purpose of

centralization and handling of information, in accordance with the rules to be established by

dispatch of the members of the relevant Government.

The crime of detention of prohibited weapon goes on to cover any products or substances

explosive.

They go on to constitute counter-ordinances the allocation of weapon the diverse activity of the

authorized and the alteration of the characteristics of firearm reproductions for recreation.

All firearms, ammunition and their licences and manifestos will be seized, or

4

other weapons, when they find themselves outside the legal conditions or in violation of the

requirements of the competent authority.

Finally, in the plan of the special criminal prevention operations, it is incumbent on PSP to

verification of weapons, ammunition, substances or products referred to in this Act which if

find in transit in the international zone, with the possibility of opening volumes

and containers, for assessment of their destination and provenance.

Directives No. 91 /477/CEE and No 2008 /51/CE are also taken into account.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Article 1.

Amendment to Law No. 5/2006 of February 23

Articles 1 to 5, 7, 8, 12, 17, 17, 22, 24 to 19, 28, 32, 32, 32, 32, 32, 32, 32, 32

34º, 35, 39, 42, 47, 51, 51, 60, 62, 62 to 64, 62, 70, 70, 70, 70, 70, 70, 70, 70, 70

71, 73, 74º, 77, 80, 86, 87, 95, 95, 97, 97, 97, 107, 107, 107, 107, 107 and 113.

of Law No. 5/2006 of February 23 approving the new legal regime of the weapons and their

ammunition, as amended by Law No. 59/2007 of September 4, passes the

have the following wording:

" Article 1.

[...]

1-[...].

2-[...].

3-Ficam still excluded from the scope of this Law the activities

referred to in paragraph 1 relating to firearms whose date of manufacture is earlier than

December 31, 1890.

4-Ficam also excluded from the scope of the application of this Law as swords,

5

sabers, spadins and other weapons traditionally intended for honours and

ceremonial military or other official ceremonies.

5-A the detention, use and possession of a weapon by military of the permanent cadres of the

Armed forces and by members of the forces and security services are

regulated by own law.

Article 2.

[...]

For the purpose of the provisions of this Law and its regulations and with a view to

a conceptual uniformity, is understood by:

1-Types of weapons:

a) "Aerosol defence", the entire portable container of gases

pills whose fate is solely that of producing discharges

of momentarily neutralizing gases from the aggressor capacity,

may not for your presentation and characteristics, be confused

with other weapons or objects;

b) [...];

c) [...];

d) [...];

e) [...];

f) [...];

g) 'Weapon of air compressed air', the compressed air weapon

recognized by a sports federation as appropriate for the

sport shooting practice and homologated by the national director of the

PSP;

h) [...];

i) [...];

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j) [...];

l) "White weapon", all the object or portable instrument endowed with

a blade or other cutting or perforating surface of

length equal to or greater than 10 cm in full length of the blade

or exposed surface or with corto-blunt part, as well as

intended to throw blades, arrows or virotons, independently

of its dimensions;

m) [...];

n) "Electric weapon", the entire portable system powered by source

energy and intended solely to produce electrical discharge

momentarily neutralizing of human motor capacity, not

and may for their presentation and characteristics, be confused with

other weapons or objects;

o) [...];

p) [...];

q) [...];

r) [...];

s) [...];

t) "Weapon of fire transformed", the apt device to be converted

in a firearm, or that, upon a mechanical intervention

modifier, has obtained characteristics that allow it to function

as a firearm, or the object which is likely to be modified to

fire bullets or projectiles through the action of a load

propellers, as long as it has the appearance of a firearm, or that

due to its construction or material from which it is manufactured,

can be modified to that effect;

7

u) [...];

v) [...];

x) [...];

z) [...];

aa) [...];

ab) [...];

ac) [...];

ad) "Reproduction of firearm for recreational practices", the

portable mechanism with the configuration of firearm of the classes

A, B, B1, C and D, integral or partially painted in 50% of its

surface, with fluorescent color, yellow or incarnate, indelible

with characteristics defined by dispatching of the national director of the

PSP, so as not to be susceptible to confusion with the weapons of the

same classes, fit solely to fire non-metallic sphere whose

energy at the output of the mouth of the pipe is not greater than 1.3 J and

homologated by the National PSP Directorate;

ae) [...];

af) [...];

ag) [...];

ah) [...];

ai) "extendable bastion", portable telescopic instrument, rigid or

flexible, intended to be wielded, as a means of aggression or

defense;

8

aj) [ Previous Article )];

al) [ Previous point aj )];

am) [ Previous point al )];

an) [ Previous point am )];

to) "Stylete" the white weapon, or instrument with weapon configuration

white, composed of a drillless perforating shaft and by a

fist regardless of its dimensions;

ap) "Star of launching" the white weapon, or instrument with configuration

of white gun, in star shape with cutting tips that if

is intended to be pitched manually regardless of their

dimensions;

aq) "Pitch knife" white gun, or instrument with configuration

of white gun, composed of a blade integrating a zone of

cutting and drilling and another intended to be wield or to serve as a

counterweight with a view to be launched manually,

regardless of their dimensions;

air) "Butterfly knife" white gun, or instrument with configuration

of white gun, composed of a blade articulated in a cable or

wielding split longitudinally in two parts as well

articulated to each other, in such a way that the opening of the blade can be

obtained instantly by a quick one-handed movement

regardless of their dimensions;

the ones) "Automatic opening knife or cutting edge knife and springs" white gun,

or instrument with white gun configuration, composed of

a cable or wielding that lends a blade, whose

availability can be obtained instantaneously by action of a

spring under stress or other equivalent system independently

9

of its dimensions;

at) [ Previous point the )];

au) [ Previous point at )];

av) [ Previous point au )];

ax) "Reproduction of firearm", the portable mechanism with the

configuration of a firearm which, by its presentation and

characteristics, can be confused with the weapons provided for in the

classes A, B, B1, C and D;

az) "revolver", the short, repetition firearm, equipped with

drum containing several chambers;

aaa) "Weapon mistakable with military weaponry", the weapon that, by its

configuration or characteristics, is likely to be confused

with equipment, military means and war material or

considered as such.

2-Parts of firearms:

a) [...];

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) "Ammunition from saves or alarm" the ammunition without projectile and intended

solely to produce a sound effect at the time of the firing.

4-[...].

5-Other definitions:

a) [...];

b) [...];

c) [...];

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d) [...];

e) [...];

f) [...];

g) [...];

h) [...];

i) "Establishment of fun", all public or private places,

constructed or adapted for the purpose, in the sequence or not of a

municipal licensing process, which are found to be working

essentially as bars, discotheques and similar ones, game rooms

trams or manuals and fairs of fun;

j) "Explosive civil", all substances or explosive products whose

manufacturing, trade, transfer, import and use is subject

the authorisation granted by the competent authority;

l) "Explosive Engineer or improvised incendiary", all those who

use substances or explosive products or incendiary

unauthorized artisanal manufacture;

m ) (...);

n ) (...);

o) (...);

p) "Transportation of weapon", the act of transferring a weapon

unloaded and untapped or disassembled from one location to another,

in such a way as not to be susceptible to immediate use;

q) [...];

r) [...];

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s) [...];

t ) "Import", the entry or introduction into the tax limits of the territory

national, of any goods, as well as their stay in

customs office or international zone, to await the

customs legal procedures, when coming from countries

third parties;

u) "Export", The exit from the fiscal limits of the national territory of

any goods with destination the third country, as well as its

stay in customs office or international zone a

waiting for customs legal procedures;

v) "Transit", the passage through national territory, to await the

customs legal procedures, of any goods coming from country

third and which are intended for export or transfer to another

State;

x) "Homologation of weapons and ammunition", the approval of brand, model,

and too many technical characteristics of weapons by the national director of the

PSP, for the record of a catalog.

Article 3.

[...]

1-[...].

2-Are weapons, ammunition and accessories of class A:

a) The equipment, military means and material of war, or

classified as such by the competent entity of the Ministry of

National Defence;

b) [...];

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c) [...];

d) [...];

e) [...];

f) [...];

g) [...];

h) The defence aerosols not listed in point a) of paragraph 7 of the

present article and gas launcher guns or dissembled under the

form of another object;

i) The electric or extendable batons, of exclusive use of the forces

armed or forces and security services;

j) Other gadgets that emit electrical discharges without the

characteristics set out in point b) of paragraph 7 of this Article or

dissimulated in the form of another object;

l) [...];

m) [...];

n) [...];

o) [...];

p) [...];

q) The ammunition with punctured bullet, explosive, incendiary, dashed,

disintegrable, of saves or of alarm;

r) [...];

s) Telescopic miras, other than those that have been allocated to the

exercise of any federated venatory or sports practices;

t) The weapons classified as equipment, military means or material

15

of war or the mistakable ones with military weaponry.

3-[...].

4-Are weapons of the B1 class:

a) The semi-automatic pistols with the calibers 6.35 mm or .25;

b) The revolvers with the named caliber. 32.

5-[...].

6-[...].

7-Are weapons of class E:

a) The gas defence aerosols, the active principle of which, is the

capsaicin or oleoresin of capsicum (pimento gas) with a

concentration not more than 5%, and which cannot be confounded

with weapons from another class or other objects;

b) Electric weapons up to 200000 volts, with safety mechanism and

that cannot be mistakable with weapons from another class, or with

other objects;

c) The firearms and their ammunition, of industrial production,

solely capable of firing non-metallic bullets or boosting

devices, designed of origin to eliminate any

possibility of lethal aggression and which have deserved homologation

on the part of the National PSP Directorate.

8-Are weapons of class F:

a) [...];

b) The replicas of firearms when intended for ornamentation;

c) Unutilized firearms when intended for ornamentation;

9-Are weapons of the G class:

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a) [...];

b) [...];

c) [...];

d) [...];

e) The reproductions of firearms for recreational practices;

f) The weapons of compressed air of recreation.

10-For the purposes of the specific legislation of hunting, the

firearms referred to in points a ), b) and c) of paragraph 5 and in the paragraphs a ), b) and c) from the

n 6, with the exception of those confused with military weaponry.

11-The weapons can only be allocated to the activity that motivated the concession,

may, by order of the national director of PSP, be allocated to more than

that an activity by reasoned request of the person concerned.

Article 4.

[...]

1-[...].

2-Without prejudice to the provisions of the preceding paragraph, upon special permission

of the national director of PSP, may be authorised for sale, the acquisition, the

cedence, detention, use, import, export and

transfer of weapons and accessories from class A intended for public museums

or private, scientific or industrial research and uses in achievements

theatrical, cinematographic or other performances of an artistic nature, of

recognized cultural interest, with the exception of military means and material of

war whose authorization is the competence of the minister who guardiits the sector of

National Defense.

3-Without prejudice to the provisions of paragraph 1, by special permission of the Director

national PSP, may be authorised for sale, acquisition, cedence,

17

detention, use, import, export and transfer of arms

of alarm intended for sports activities or the adestration of

animals.

4-The authorizations to which the previous figures are referred are required with

justification of motivation, indication of time of use and respective

security plan.

Article 5.

[...]

1-[...].

2-[...].

3-[...].

4-Without prejudice to the provisions of the preceding paragraph, upon special permission

of the national director of PSP, may be authorised for sale, the acquisition, the

cedence, detention, use, import, export and

transfer of class B weapons and accessories intended for public museums

or private, scientific or industrial research and uses in achievements

theatrical, cinematographic or other performances of an artistic nature, of

recognized cultural interest.

Article 7.

[...]

1-[...].

2-[...].

3-Without prejudice to the provisions of the preceding paragraph, upon special permission

of the national director of PSP, may be authorised for sale, the acquisition, the

cedence, detention, use, import, export and

transfer of class C weapons and accessories intended for public museums

18

or private, scientific or industrial research and uses in achievements

theatrical, cinematographic or other performances of an artistic nature, of

recognized cultural interest.

Article 8.

[...]

1-[...].

2-[...].

3-Without prejudice to the provisions of the preceding paragraph, upon special permission

of the national director of PSP, may be authorised for sale, the acquisition, the

cedence, detention, use, import, export and

transfer of weapons and accessories from class D intended for public museums

or private, scientific or industrial research and uses in achievements

theatrical, cinematographic or other performances of an artistic nature, of

recognized cultural interest.

Article 11.

[...]

1-[...].

2-[...].

3-A The acquisition of reproductions of firearms for recreational practices is

permitted by the national director of PSP at the age of 18, upon

statement of purchase and sale and proof of enrolment in an association of

sports promotion recognized by the Institute of Sport of Portugal, I.

P. and registered with the PSP.

4-Without prejudice to the provisions of the preceding paragraph, to the minors of 18 and

19

greater than 16 years is allowed to acquire reproductions of firearms

for recreational practices as long as authorized for the purpose by whom to exercise

the paternal power.

5-[ Previous Article No 4 ].

6-[ Previous Article No 5 ].

7-A acquisition of recreational compressed air guns, intended for the practice of

lucid activities, is allowed to be greater than 18 years by the national director

of PSP upon declaration of purchase and sale.

Article 12.

[...]

1-[...].

2-The situations of exemption or dispensation of legally foreseen leave are

correspondingly applicable the obligations provided for the holders of

license.

3-The use and possession of a weapon by whom it performs professional activities that the

require them, other than those performed by the Armed Forces and Forces and Services

of Security, is regulated by dispatching of the national director of PSP.

Article 15.

[...]

1-C and D licences can be granted to greater than 18 years that they gather,

cumulatively, the following conditions:

a) [...];

b) [...];

c) Demonstrem caries of the license for the practice of venomous acts of

larger or smaller hunting, for the licences C or D, respectively, and if

find empowered with a hunter's letter with a firearm or

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demonstrate grounded in the license for reasons

professionals;

d) [ Previous point c )];

e) [ Previous point d )];

f) [ Previous point and )].

2-[...].

3-[...].

4-[...].

Article 17.

[...]

1-A F license is granted to greater than 18 years, which meet, cumulatively,

the following conditions:

a) [...];

b) Demonsrem carving of the license for the sports practice of arts

martials, being federated athletes, recreational practices on property

private and collectibles of replicas and unutilized firearms for

purposes of ornamentation;

c) [...];

d) [...].

2-[...].

3-[...].

4-By dispatch of the national director of PSP, the solicitation of the person concerned,

through whom to exercise parental power, the acquisition, the

detention, the use and possession of the weapons indicated in the paragraph a) of the Article 8 (8)

3. to minors aged 18 and over 14 years.

21

Article 18.

[...]

1-A weapon detention permit in domicile is granted to greater than 18

years, exclusively for the purposes of holding weapons at your residence,

in the following cases:

a) [...];

b) [...];

c) When weapons have been acquired by succession mortis cause and your

venal value, artistic or an estimative the justifies.

2-[...].

3-[...].

4-[...].

5-[...].

6-[...].

7-[...].

Article 19.

[...]

1-[...].

2-A special permit granted pursuant to the preceding paragraph shall lapse after 5

years or with the termination of duties if the period of validity has not been

depleted, and may, in justified cases, be assigned license of use and possession

of a weapon of Class B or B1, pursuant to the provisions of paragraphs 1 and 2 of the article

13.

Article 21.

22

[...]

1-The technical and civic training courses for the use and possession of firearms

of classes B1, C, D and E, with regard to electric and aerosol-aerosol-type weapons of

defence and for the exercise of armeiro activity, are provided by PSP

or by entities per se accredited for the purpose.

2-[...].

Article 22.

[...]

1-[...].

2-licence holders C and D must submit, in every ten years, to a

course of technical and civic upgrading for the use and possession of firearms,

delivered in the terms of the previous article.

Article 24.

Frequency of training courses for gun holders

The enrollment and frequency in the training course for gun holders or

for the exercise of the activity of armeiro depend on prior authorization of the

PSP upon assessment of compliance with the legal requirements for the grant

of the license.

Article 26.

[...]

1-The certificate of approval for the use and possession of weapons is the document

23

issued by the national director of PSP, assigned to the candidate who has

obtained the classification of apt in the theoretical and practical proofs of the examination of

aptitude, proving that the examined can come to obtain licence for the use and

possession of weapons of the class to which the same is intended.

2-[...].

Article 28.

[...]

1-[...].

2-The frequency requirement of the technical and civic training course for the use and

weapon size of the respective class is replaced with proof of the frequency of the

corresponding update course, provided for in Article 22, where

demanded.

Article 30.

[...]

1-[...].

2-[...]:

a) [...];

b) [...];

c) Identification of the brand, model, type and caliber;

d) [...];

e) [...].

3-[...].

4-[...].

5-[ Revoked ].

Article 32.

Limits of detention and guard

24

1-The holders of the licences B and B1 are only permitted to hold up to two weapons of the

respective class, being your guard made in non-portable vault.

2-The holder of the license C is only allowed to hold up to five firearms

of this class, being your guard made in non-portable safe or house-fort or

fortified for the guard of the same, duly verified by PSP,

whenever it possessions more than three guns of this class.

3-The licence holder D is only allowed to hold up to five firearms

of this class, being your guard made in safe or security closet not

portable, duly verified by PSP, whenever it posts more than three

weapons of this class.

4-To the holder of a gun detention permit in the domicile is only permitted to

detention up to five firearms, being your guard made in safe or

non-portable safety cabinet, duly verified by PSP.

5-[...].

6-The limits indicated in paragraphs 2, 3 and 4 may be exceeded by

special permission of the national director of PSP, by request of the

interested.

Article 34.

[...]

1-[...].

2-A acquisition of ammunition depends on the presentation of the manifest booklet of the

weapon, the license of use and possession of a weapon, of the ammunition record book and of

proof of the identity of the licence holder.

Article 35.

[...]

1-A The purchase and sale of ammunition for the weapons of classes C and D is free,

25

upon proof of the identity of the buyer, display of the manifest booklet

of the respective weapon, license of use and possession of weapon and discriminated invoice from the

ammunition sold.

2-The holders of licences C and D are not permitted to hold more than 1000

ammunition for weapons of class D or more than 250 ammunition for weapons from the

class C, save by special permission of the national director of PSP, upon

reasoned application of the person concerned.

3-[...].

Article 39.

[...]

1-[...].

2-[...]:

a) [...];

b) [...];

c) [...];

d) Fire up weapons solely in careers or shooting fields or in the

exercise of venatory acts, acts of kinetic management, activities

of venatory character, namely the training of hunting in areas

specific to the effect, in sports evidence or practice

recreational in private rustic properties under conditions of

security for the purpose;

e) [...];

26

f) [...];

g) [...];

h) [...];

i) [...].

Article 41.

[...]

1-[...].

2-A short firearm must be pored in safe conditions, in

holster or own case for your wayside, with safety device, which

prevent your involuntary downfall, stray or theft, without any ammunition

introduced in the blast chamber of the same, with the exception of revolvers.

3-A firearm, short or long, must be transported in a separate manner from the

respective ammunition, with trigger padlock or mechanism that

make it impossible for you to use or disassemblate so that it is not easily

usable, in bag or case suitable for the model in question, with

proper conditions of safety.

4-[...].

Article 42.

[...]

1-[...].

2-[...]:

a) The exercise of sports practice or venomal acts, acts of

kinetic management and venatory character activities, inter alia

the training of hunting in specific areas for the purpose;

27

b) (...);

c) (...).

Article 43.

[...]

1-The holder who physically separating himself from the firearm shall put it on the

interior of a non-portable safe deposit box or closet, whenever

required and with padlock or mechanism that makes it impossible to use the same.

2-[...].

Article 47.

[...]

By order of the national director of the PSP, alvaras may be granted

armeiro for the exercise of the manufacturing, purchase and sale or repair business

of weapons from classes B, B1, C, D, E, F and G and their ammunition, for purposes

céic or cinematic and for sale and auction of weapons, when intended

the collection.

Article 48.

[...]

1-Taking into consideration the intended activity and the conditions of safety

of the facilities, the following types of alvaras are assigned:

a) Type 1 armeiro strand, for the manufacture, assembly and repair of

firearms and their ammunition;

b) [...];

c) [...];

28

d) Type 4 armeiro alvshall for both famous and cinematic effects;

e) Type 5 armeiro alvshall for sale and auction of weapons intended for

collection.

2-Alvarás may be required by whom to gather, cumulatively, the

following conditions:

a) [...];

b) [...];

c) [...];

d) Be holder of the certificate of approval for the exercise of the

activity of armeiro or, dealing with a legal person, posits a

responsible technical officer who fulfils the requirements of points (a) to e);

e) [...];

f) [...].

3-When the applicant is a legal person, the requirements mentioned

in the points a) , b ), c) and e) of the previous number have to be checked in respect of

all partners and managers or the five largest shareholders or

administrators, as per cases.

4-[...].

5-[...].

6-[...].

7-[...].

8-[...].

9-To the elements of the forces and services of security and the Armed Forces,

when in the asset, the exercise of the activity of armeiro is interstated.

10-Armeiro alvshall holders can only carry out their activity in

establishments licensed for the purpose, in accordance with the rules of

security defined, by cinging their activity to arms, ammunition and

29

equipment provided for in this Law.

Article 51.

[...]

1-The holders of alvshall of armeiro, in addition to other obligations arising out of

of this Law, they are, especially, obliged to:

a) [...];

b) [...];

c) [...];

d) [...];

e) [...];

f) Present the weapons transferred from another member state, well

as the respective documentation, whenever requested by the

competent authorities.

2-[...].

3-[...].

4-[...].

5-[...].

6-[...].

7-Records must be kept for a period of 20 years.

Article 52.

[...]

1-[...].

2-It is up to the armeiros or their workers to verify the identity of the

30

buyer, the existence of the licenses empowers, confirm and explain the

characteristics and effects of the weapon and ammunition sold, as well as the rules of

applicable security.

3-[...].

Article 53.

[...]

1-Type 1 alvshall holder is obliged to record in the weapons by him produced

your name or brand, model, country of origin, the year and the serial number of

manufacturing and presenting them, then the same to PSP for examination purposes.

2-[...].

Article 56.

[...]

1-It is only allowed to carry out firing with firearms in careers and fields

of properly authorized shooting or in the exercise of venomal acts, acts of

kinetic management and venomal activities, namely training

of hunting in specific areas for the purpose, in sports evidence and in

recreational practices in private rustic properties with conditions of

security for the purpose.

2-[...].

Article 60.

[...]

1-A The import and export of weapons, essential parts of firearms,

ammunition and its components, cartridges and their components or invoses,

wraps with fulminants or only fulminants and too much accessories and parts

31

are subject to prior permission from the national director of PSP.

2-[...].

3-[...].

4-[...].

5-[...].

6-The application, accompanied by the final user certificate when the

weapon if destine to export, indicates the type, the brand, the model, the caliber, the

serial number of manufacturing, too many characteristics of the weapon and the indication of the

weapon has been subject to compliance control.

7-Previously to the granting of the export permit to PSP solicits for the

Ministry of Foreign Affairs opinion on compliance by the

country of destination of the criteria laid down in the Union Code of Conduct

European on export of arms.

8-The opinion provided in the preceding paragraph shall be binding and sent to the PSP in the

deadline of 10 days after the request.

9-Only approved weapons approved by a national territory may be admitted into national territory

dispatch of the national director PSP.

Article 62.

Prior authorization for import and temporary export

1-The national director of PSP may issue prior authorisation for the import

or temporary export of weapons intended for venatory practice,

sports competitions or collectors ' fairs, recognized by the

respective federations or associations, the application of their owners

or of the organisms that promote those initiatives.

2-[...].

32

3-From the authorization are the type, the mark, the model, the caliber, the number of

manufacturing series and too many characteristics of the weapon and its quantities, the deadline

of the permanence or absence of the Country, as well as, where applicable, the rules

of security to watch.

4-[ Revoked ].

Article 63.

[...]

1-[...].

2-A peritage may only be carried out after the importer or exporter provides

the data which has not been submitted by the manufacturer at the time of

application for prior authorization, relating to weapons, to essential parts of arms

of fire, ammunition, cartridges or casings with fulminants or only

fulminants.

3-[ Previous Article No 2 ].

4-[ Previous Article No 3 ].

5-When, following the peritage referred to in the preceding paragraph, the weapons,

ammunition and accessories are classified as mistakable with

military armament, the process of assigning the authorizations to

import, export, transfer, transit and transhipment is terminated, the

weapons are returned to the origin and the respective notification process

international follows the provisions of the applicable own legislation, within the framework of the

Ministry of National Defence.

Article 64.

[...]

1-A The import and export of weapons, essential parts of firearms,

33

ammunition and its components, cartridges and their components, invodies

with fulminants or only fulminants and too much accessories and parts carry out

in the customs offices of Lisbon, Porto, Faro, Ponta Delgada and Funchal da

Directorate General for Customs and Special Taxes on Consumption.

2-[...].

3-[...].

4-[...].

Article 67.

[...]

1-A dispatch or transfer of weapons, essential parts of firearms and

its components, ammunition and cartridges and their components or invoses,

wraps with fulminants or only fulminants and too much accessories and parts of

Portugal for the member states of the European Union depends on

authorization, in the terms of the following numbers.

2-[...].

3-[...].

4-[...].

5-[...].

6-[...].

Article 68.

[...]

1-A admission or entry and the circulation of weapons, essential parts of weapons of

fire and its components, ammunition and cartridges and their components or

casing, casing in with fulminants or just sooing and too much

34

accessories and parts proceeded from other Member States of the Union

European depend on prior authorization, where required, under the terms of the

following numbers.

2-[...].

3-[...].

4-Met the requirements of the previous figures and after verification by expert

of PSP of the characteristics of guns, essential parts of firearms and

your ammunition, casing in with fulminant or just fulminating from where

construct the elements referred to in paragraph 2 of the previous article, a

final transfer authorization, by dispatch of the national director of the

PSP.

5-[...].

6-Only approved weapons approved by a national territory may be admitted into national territory

dispatch of the national director of the PSP.

Article 70.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-Are averaged the weapons owned by the applicant and those of which it is

legitimate holder and user, as well as their extravio or theft.

Article 71.

[...]

1-[...].

35

2-The prior visa referred to in the preceding paragraph is not required for the

exercise of venatory or sporting practice, provided that it has proven the

reason for displacement, inter alia, by the presentation of a

invitation or other document proving the practice of hunting activities

or sports shooting in the Member State of destination.

Article 73.

[...]

1-[...].

2-[...].

3-A The issuance of the booklet is conditional on the realization of a test shot, in the

terms set out in own legislation.

4-[ Previous Article No 3 ].

5-[ Previous Article No 4 ]

Article 74.

[...]

1-The weapons that are not marked with the serial number of manufacture, name

or brand and origin, caliber and model may not be admitted into territory

national.

2-The weapons that are not marked with the serial number of manufacture, name

or brand and origin, caliber and model, already find themselves on national territory and

have been acquired by succession mortis cause or as the object of

collection are numbered, marked and subjected to puncture by PSP.

3-[ Previous Article No 2 ].

4-The munitions produced, marketed and used in Portugal have to be

marked, in such a way as to identify the manufacturer, the identification number of the

36

lot, the caliber and the type of ammunition, in accordance with the rules to

establish by dispatch of the national director of PSP.

Article 77.

[...]

1-The holders of licences and alvaras provided for in this Law or those to

who the respective organic law or professional status assigns or dispensing from the

license of use and possession of a weapon are civilly responsible,

regardless of your fault, for damage caused to third parties in

consequence of the use of the firearms they detain or the exercise

of your activity.

2-[...].

3-With the exception of holders of licences E or special leave, when the

weapon is not your property, it is mandatory to conclude the contract of

civil liability insurance with insurer company upon which

is transferred its responsibility up to a minimum capital to be defined in

joint office of the Ministers of Finance and the Internal Administration.

4-[...].

5-[...].

6-The holders of licences and alvaras provided for in this Law or those to

who the respective organic law or professional status has assigned or dispensed

of the license for use and possession of a weapon, should make proof, at any time

and in the seat of supervision, of the existence of valid insurance.

Article 79.

[...]

1-Anually, the National PSP Directorate organises at least one sale

at auction of the weapons that have been declared lost in favour of the State,

37

seized or found and who find themselves in a condition to be

placed in the trade.

2-[...].

3-[...].

4-The rules of operation, obligations, concession requirements and the fees to

charge for the emission of the armeiro alloy type 4 and 5 are established by

would pore from the member of the Government responsible for the area of the administration

internal.

Article 80.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-Compete à PSP, maintain, organize and make available a computer file

national of weapons learned, proceed to their qualitative and quantitative analysis

and disseminate information to domestic and foreign entities.

6-All entities that proceed to the seizure of firearms,

regardless of your legal situation and the reason you determined the

apprehension, communicate the fact to PSP, for the purpose of centralisation and

handling of information, in accordance with the rules to be established by

dispatch of the members of the relevant Government.

Article 84.

[...]

1-The competences conferred in this Act to the national director of PSP

may be delegated and subdelegated under the law.

38

2-Compete to the national director of PSP the issuance of technical instructions

intended to establish operative procedures within the framework of the scheme

legal of arms and ammunition.

Article 86.

Detention of prohibited weapon and crime committed with weapon

1-Who, without finding authorized, outside of the legal conditions or in

contrary to the requirements of the competent authority, detain, carry,

import, transfer, store, purchase, acquire any title or by

any means or obtains by manufacturing, processing, importing,

transfer or export, use or bring with you:

a) Equipment, military means and material of war, biological weapon,

chemical weapon, radioactive weapon or capable of nuclear explosion,

automatic firearm, civilian explosive, explosive device or

incendiary improvised is punishy with imprisonment of 2 a to 8 years;

b) Products or substances that are intended or may be intended for, total or

partially, to be used for development, production,

handling, actuation, maintenance, storage or

proliferation of biological weapons, chemical weapons or weapons

radioactive or susceptible to explosion, or for development,

production, maintenance or storage of susceptible engineers

of transporting these weapons, is punishable by imprisonment from 2 a to 5

years;

c) Weapon of classes B, B1, C and D, shotgun or carabine easily

demountable in components of reduced dimension with a view to your

dissimulation, unmodified spingarda of lower smooth soul pipe

a 46 cm, dissimulated firearm in the form of another object, or

firearm turned or modified, is punishy with penalty of

imprisonment of 1 a to 5 years or with penalty of a fine of up to 600 days;

39

d) Weapon of class E, white gun dissembled in the form of another

object, automatic opening knife, stylete, butterfly knife, knife

of pitch, star of throwing, boxers, other white guns or

ingeners or instruments without defined application that may be

used as a weapon of aggression and your porter does not justify your

possession, defence aerosols not listed in point (s) a) of the n. 7 article

3., gas launchers of gases, electric baton, electric weapons not

constants of point b) of Article 3 (7), any ingeniors or

instruments built exclusively with the end of being

used as a weapon of aggression, silencer, essential parts of

firearm, ammunition, as well as ammunition with the respective

expansive, perforating, explosive or incendiary projectiles, is

punished with imprisonment for up to 4 years or with penalty of a fine of up to 480

days.

2-[...].

3-The penalties applicable to crimes committed with a weapon are aggravated by a third

at its minimum and maximum limits, except if the possession or use of a weapon is

element of the respective type of crime or the law already prevents heightened aggravation

for the crime, in function of the use or possession of a weapon.

4-For the purposes set out in the preceding paragraph, the crime shall be deemed to be

committed with weapon when any comparticipant brings, at the time of the

crime, apparent weapon or concealer provided for in points a) a d) of paragraph 1, even

that you find yourself authorized or within the legal conditions or prescriptions of the

competent authority.

5-Under no circumstances can the maximum limit of 25 years of the sentence be exceeded

prison.

Article 87.

Trafficking and mediation of arms

40

1-[...].

2-[...].

3-[...].

Article 89.

[...]

Who, without being specifically authorized by legitimate reason of service or

by the legally competent authority, carry, detain, use, distribute or

for bearer, in sporting or religious enclosures, in an exclusion zone, in

establishments or places where they decorate civic or political demonstration, well

as in establishments or places of fun, fairs and markets, any

of the weapons provided for in Article 2 (1), as well as any ammunition,

resourcefulness, instruments, mechanisms, products or substances referred to in the

article 86, is punished with imprisonment up to 5 years or with penalty of a fine of up to

600 days, if the more serious penalty does not fit him by force of another legal provision.

Article 91.

[...]

1-Can be temporarily interdictated the frequency, participation, or entry into

establishment of teaching, sports enclosure, establishments or places of

fun, places where cultural, sporting or venatory manifestation occurs,

fair or market, field or shooting career, to whom it is sentenced:

a) [...];

b) [...].

2-[...].

3-[...].

4-[...].

5-[...].

41

Article 95.

Criminal liability of legal persons and equiparated entities

Legal persons and equiparal entities are responsible, in the terms

general, for the crimes provided for in articles 86 and 87.

Article 97.

[...]

Who, without being allowed, outside of the legal conditions or otherwise

of the requirements of the competent authority, detain, transport, import,

store, buy, acquire any title or by any means or obtain

by manufacturing, processing, importing or exporting, using or bringing with you

reproduction of firearm, alarm weapon, saves or alarm ammunition or

guns from classes F and G, is punished with a fine of € 600 a € 6000.

Article 98.

[...]

Who, being a licence holder, hold, use or be holder, carry weapon

out of the legal conditions, affect weapon the diverse activity of the authorized by the

national director of the PSP or in violation of the standards of conduct laid down in the

present law is punished with a fine of € 500 a € 5000.

Article 99.

[...]

Who does not observe the provisions of the following provisions:

a) [...];

b) In Article 19, it is punished with a fine of € 500 a € 5000;

42

c) [ Previous point b )];

d) [ Previous point c )];

e) Non-renewal of license of use and possession of weapon on the terms

set out in Article 29 (1) is punished with fine of € 1000 a

€ 10000;

f) Change in the characteristics of firearms reproductions for

recreation, is punched with fine of € 500 a € 1000.

Article 101.

[...]

1-[...].

2-[...].

3-Who, not being a holder of alvshall for the exploration of career or field of

shot, if you find yourself performing this activity is punishable with fine of € 20000 a

€ 40000.

4-Who to exercise electronic commerce of the weapons and their ammunition provided for in the

present law is punishful with fine of € 1000 a € 20000.

5-Who to attend or use unlicensed career or shooting field is

punched with fine of € 500 a € 2000.

Article 107.

[...]

1-The agent or police authority proceeds to the seizure of the or the firearm,

ammunition and their licences and manifestos, or of other weapons, when:

a) [...];

b) [...];

c) Whether they find themselves outside the legal conditions or in violation of the

43

requirements of the competent authority.

2-[...].

3-[...].

4-[...].

Article 108.

[...]

1-[...].

2-In the cases provided for in paragraph 1 of the preceding Article is dishwasher term of cassation

provisional that will follow along with the expedient resulting from the news of the

crime or counterordinance for the services of the Public Prosecutor's Office or for

the PSP, respectively.

3-[...].

4-[...].

5-[...].

6-[...].

7-[...].

8-[...].

Article 109.

[...]

1-[...].

2-[...].

3-[...].

4-Compete yet to PSP the verification of the articles provided for in this Law and that

find themselves in transit in the port and airport areas

international, with the possibility of opening volumes and containers,

for assessment of your destination and provenance.

44

Article 113.

[...]

1-The licences and permits of use and possession of a weapon granted under the

previous legislation are converted, when from their renewal, to the licences

now provided for, in the following terms:

a) [...];

b) [...];

c) [...];

d) Authorization of use and possession of defense weapon "model V" and " model

V-A " transits for special license, applying the same rules as

to this relatively to the expiry and validity, as well as in what it mentions

to the requirements provided for in the provision thereof;

e) [...].

2-[...].

3-[...]. "

Article 2.

Addition to Law No. 5/2006 of February 23

Articles 11-A, 19.-A, 68-A, 95º-and-112º-A to Law No. 5/2006, 5/2006-A and 112º-A to Law No 5/2006, of

February 23, which approves the new legal regime of the weapons and their ammunition, in the

wording given to it by Law No. 59/2007 of September 4, with the following:

" Article 11.

Homologation

1-They shall be subject to approval of the weapons and ammunition intended for sale,

acquisition, ceding, detention, import, export and transfer.

2-For the purposes of homologation of weapons and ammunition, the person concerned submits

45

application to the national director of the PSP, the process being instructed with the

detailed technical description of the weapon and ammunition and with catalogue

photographic, in model and conditions to be defined by order of the director

national of the PSP.

3-It is prohibited to import, export, transfer and trade, in territory

national, of weapons and unhomologated ammunition.

Article 19-A

License for minors

Without prejudice to the provisions of Article 15 (1), to those under 18 and

greater than 16 years can be authorized the use and possession of weapons of class D,

for the practice of venomous acts of hunting greater or lesser, provided that

duly accompanied in the same cinegetic act, by whom it exercises the

paternal power, and on the condition that this is the owner of the weapon used

by the minor and holder of the corresponding license.

Article 50-A

Electronic commerce

The electronic trade in weapons and their ammunition, materials and equipment,

licensed under this Law, it is prohibited.

Article 68-The

Temporary transfer

1-The national director of PSP may authorise the transfer in advance

temporary weapons intended for venatory practices, competitions

sports or collectors ' fairs, recognized by their respective

federations or associations, the requirement of their owners or of the

46

organisms that promote these initiatives.

2-The national director of the PSP may also issue prior authorization for the

temporary transfer of weapons and ammunition intended to integrate

showcase and demonstrations, at the request of commercial agents and of

representatives of domestic or foreign factories, duly

accredited by PSP.

3-From the authorization are the type, the mark, the model, the caliber, the number of

manufacturing series and too many characteristics of the weapon and its quantities, the deadline

of the permanence or absence of the country, as well as the rules of safety to

observe.

4-A The authorization provided for in paragraph 1 is waived from holders of the European card

of a firearm, provided that in it are averaged the transferred weapons.

Article 95-The

Detention and preventive detention

1-There is place for detention in flagrante delicto for the crimes provided for in the articles

86, 87 and 89 of this Law and for the crimes committed with a weapon, to which if

must keep until the detainee is presented the trial hearing under the

summary form or the first judicial interrogation for possible application of

measure of coating or of equity guarantee.

2-Out of flagrante delicto, the detention for the crimes provided for in the number

previous may be made by warrant of the judge or the Public Prosecutor's Office.

3-Criminal police authorities may also order the detention outside of

blatant offence, on their own initiative, in the cases provided for in the law, and must

do so if there is a danger of continuation of criminal activity.

4-It is applicable to the accused pretrial detention when there are strong indications of the

doloso crime practice provided for in paragraph 1, punishable by imprisonment of

47

maximum of more than three years, verified the remaining conditions of application of the

measure.

Article 112-The

Reclassification of weapons

The weapons that have been licensed under other legal regimes and which

come to be reclassified, by order of the national director of the PSP, in the

scope of this Law, they can only be used for the activities set out in the

dispatch of reclassification. "

Article 3.

Amendment to the systematic of Law No. 5/2006 of February 23

1-Chapter II of Law No. 5/2006 of February 23, goes by the name

"Homologation, licences for use and possession of weapons or their detention".

2-A Section I of Chapter II of Law No. 5/2006 of February 23, goes by the name

"Homologation, types of license and attribution".

Article 4.

Republication

It is republished, in the annex to this Act, of which it is an integral part, Law No. 5/2006, of 23

of February, with the current wording.

Seen and approved in Council of Ministers of September 4, 2008

The Prime Minister

The Minister of the Presidency

48

The Minister of Parliamentary Affairs

49

ANNEX

Republication of Law No. 5/2006 of February 23

CHAPTER I

General provisions

SECTION I

Object and scope

Article 1.

Subject, scope, legal definitions and classification of weapons

1-A present law establishes the legal regime relating to the manufacture, assembly, repair,

import, export, transfer, storage, circulation, trade, acquisition,

cedence, detention, manifest, guard, safety, use and possession of weapons, their

components and ammunition, as well as the legal framework of the special operations of

criminal prevention.

2-Stay excluded from the scope of this Law the activities relating to weapons and

ammunition intended for the Armed Forces, security forces and services, as well as the

other public services whose law expressly excludes them, as well as those that if

targets exclusively for military purposes.

3-Stay still excluded from the scope of this Law the activities referred to in the

n 1 relating to firearms whose date of manufacture is earlier than December 31 of

1890.

4-Stay also excluded from the scope of the application of this Law the swords, sabers,

spadins and other weapons traditionally intended for military honors and ceremonial or the

other official ceremonies.

5-A detention, use and possession of a weapon by military of the permanent cadres of the Forces

Armed and by members of the forces and security services are regulated by law

own.

Article 2.

50

Legal definitions

For the purposes of this Act and its regulations and with a view to a

conceptual uniformity, is understood by:

1-Types of weapons:

a) "Aerosol defence" all the portable container of compressed gases whose

destination be solely that of producing discharges of gases momentarily

neutralizants of the aggressor capacity, not by their presentation and

characteristics, be confused with other weapons or objects;

b) 'Arch' the white weapon meant to throw arrows upon use of force

muscular;

c) 'Dual action weapon' the firearm that is fired by carrying out only the

operation of actuating the trigger;

d) 'Simple action weapon' the firearm that is fired upon two

operations consisting of the manual arm of the firing mechanism and the

actuation of the trigger;

e) 'Weapon of alarm' the device with the setting of a firearm

intended solely to produce a sound effect similar to that produced by

the one at the time of the firing;

f) "Compressed air weapon" the weapon actuated by air or other compressed gas,

with smooth or stirred soured pipe, intended to launch metallic projectile;

g) 'Weapon of air compressed air' the compressed air weapon recognized by

a sports federation as suitable for the practice of sport shooting and

homologated by the national director of PSP;

h) "Recreational air-compressed air gun" the compressed air gun, of caliber up to 5.5

mm, whose velocity of the projectile at the output of the mouth of the pipe is less than 360 m/s

and whose pipe is more than 30 cm;

51

i) "Automatic weapon" the firearm which, upon a single action on the

trigger, makes a continuous series of various shots;

j) 'Biological weapon' the ingenuous capable of releasing or provoking

contamination by microbiological agents or other biological agents, well

as toxins, whatever their origin or mode of production, of types and in

quantities that are not intended for prophylactic purposes of protection or other

of a peaceful character and that show harmful or lethal to life;

l) "White weapon" all the object or portable instrument endowed with a blade or

another cutting or perforating surface of length equal to or greater than 10

cm to the full extent of the blade or exposed surface or with part corto-

blunt, as well as intended to throw blades, arrows, or virotons,

regardless of their dimensions,;

m) 'Weapon of loading by the mouth' the firearm in which the culatran can't

be opened manually and the loading of the propellant and projectile load only

can be carried out by the mouth of the pipe, in the case of the weapons of one or more

pipes, and by the mouth of the chambers, in the weapons equipped with drum, considering-

if equated to those of loading by the mouth the guns that, having a culatric

mobile, can not fire but fuel cartridge, being the system of

ignition placed separately from the outside of the chamber;

n) "Electric weapon" the entire portable system powered by energy source and

intended solely to produce electrical discharge momentarily

neutralizing of human motor capacity, not by its presentation

and characteristics, be confused with other weapons or objects;

o) "Firearm" all the ingenious or portable mechanism intended to provoke the

deflagration of a propelling load generating a mass of gases whose

expansion impels one or more projectiles;

p) "Short firearm" the firearm whose pipe does not exceed 30 cm or whose

total length do not exceed 60 cm;

52

q) 'Weapon of fire unutilised' the firearm to which it was removed or unusable piece

or essential part to obtain the firing of the projectile and which is accompanied by

certificate of unutilisation issued or recognized by the National Directorate of

Public Security Police (PSP);

r) 'Long firearm' any firearm with exclusion from firearms

short;

s) 'Modified firearm' the firearm that, upon an intervention not

authorised of any kind, has obtained characteristics other than those of its manufacture

original with respect to the system or mechanism of firing, length of the

pipe, caliber, relevant alteration of the Bologna and marks and numberings of origin;

t) 'Weapon of fire transformed' the apt device to be converted into a weapon of

fire, or which, upon a modifier mechanical intervention, has obtained

characteristics that allow it to function as a firearm, or the object

likely to be modified to fire bullets or projectiles through the action

of a propellers charge, provided that it has the appearance of a firearm, or that

due to its construction or material from which it is manufactured, it can be

modified to that effect;

u) "Weapon launcher" the portable device intended to emit gases by a

pipe;

v) "Weapon launches" the portable mechanism with the configuration of a weapon of

fire, intended solely to launch line or cable;

x) "Chemical weapon" the ingenuous or any equipment, ammunition or device

specifically designed to release toxic products and their precursors that

for their chemical action on vital processes can cause death or injury

in living beings;

z) 'Radioactive weapon or capable of nuclear explosion' the ingenuous or product

likely to cause an explosion by fission or nuclear fusion or release

of radioactive particles or still likely to otherwise diffuse such

53

type of particles;

aa ) 'Weapon of repetition' the firearm with fixed deposit or with charger

removable that, after each firing, is recharged by the action of the shooter on a

mechanism that transports and introduces into the chamber new ammunition, withdrawal from the

deposit or charger;

ab) "Semi-automatic weapon" the firearm with fixed deposit or with charger

removable that, after each shot, loads automatically and that it cannot,

by a single action on the trigger, make more than one shot;

ac) "Weapon of signaling" the portable mechanism with the weapon configuration of

fire intended to launch a pyrotechnician signalling device, whose

characteristics exclude conversion to the shot of any other type of

projectile;

ad) "Reproduction of firearm for recreational practices" the portable mechanism

with the setting of firearm of classes A, B, B1, C and D, integral or

partially painted in 50% of its surface, with fluorescent color, yellow

or incarnate, indelible with characteristics defined by Despacho of the Director

national of the PSP, so as not to be susceptible to confusion with the weapons of the

same classes, fit solely to fire non-metallic sphere whose energy to the

output from the mouth of the pipe is not more than 1.3 J and homologated by the Directorate

National of PSP;

ae ) "Underwater weapon" the white weapon intended solely to fire arbread when

submerged in water;

af) "Weapon shooting or single shot" the firearm without deposit or

loader, of one or more pipes, which is loaded upon manual introduction

of an ammunition in each chamber or chambers or in compartment situated at the

entry of these;

ag ) "Veterinary weapon" the portable mechanism with the configuration of a weapon of

fire intended solely to fire projectile injection of anaesthetics or

54

other veterinary products on animals;

ah ) "electric bastion" the electric weapon with the shape of a stick;

ai) "extendable" portable instrument telescopic, rigid or flexible, intended for

be wield, as a means of aggression or defense.

aj) "Beast" the white weapon endowed with firing mechanism that is intended

exclusively to launch viroton;

al) "Boxer" the metallic instrument or other hard material intended to be

wield by one hand when it is unhurt punch, so as to broaden the effect

of this;

am) "Carabine" the long firearm with barrel of the gutted soul;

an ) "Espingarda" the long firearm with soulful soul pipe;

to the ) "Stylete" the white gun or instrument with white gun configuration

made up of a perforating shaft without gumes and by a fist

regardless of their dimensions;

ap) 'Star of launching' the white weapon or instrument with weapon configuration

star-shaped white with cutting edges that is intended to be

pitched manually independently of its dimensions;

aq) "Pitch knife" white gun or instrument with weapon configuration

white composed of a blade integrating a cutting and drilling zone and

another intended to be wielded or to serve as a counterweight with a view to being

launched manually, regardless of its dimensions;

air) "Butterfly knife" white gun or instrument with weapon configuration

white composed of a blade articulated in a divided cable or empuncture

longitudinally in two parts also articulated to each other, in such a way that the

aperture of the blade can be obtained instantly by a fast movement

of a single hand regardless of its dimensions;

the ones) "Automatic opening knife or cutting edge knife and springs" white gun or

55

instrument with white gun configuration composed of a cable or

wield that encloses a blade, the availability of which can be obtained

instantaneously by action of a spring under stress or other system

equivalent regardless of their dimensions;

at) "Pistol" the short, shot-to-shot, repeat or semi-automatic firearm;

au) "Pistola-machine Gun" the automatic, compact firearm, intended to be

used at short distance;

av) "Replica of firearm" the firearm of loading by the mouth, of manufacture

contemporary, apt to fire projectile using black powder charge or

similar;

ax) "Reproduction of firearm" the portable mechanism with the configuration of

a firearm that, by its presentation and characteristics, may be

confused with the weapons provided for in classes A, B, B1, C and D, with exclusion

of the softair weapons;

az) "Revoling" the short, repeating firearm, equipped with drum containing

several chambers.

aaa) "Weapon mistakable with military weaponry" the weapon that, by its configuration

or characteristics, is likely to be confused with equipment, means

military and war material or deemed to be such.

2-Parts of firearms:

a) "Soul of the pipe" the inner surface of the pipe between the chamber and the mouth;

b) "Soul stirred" the inner surface of the pipe with helicoidal grooves or other

spiral configuration, which allows to confer rotation on the projectile by dotting it from

gyroscopic stability;

c) "Alma lisa" the interior surface of the undonated pipe of any device

intended to print movement of rotation to the projectile;

d) "Mouth of the pipe" the end of the soul of the pipe by where the projectile comes out;

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e) "Box of the culatra" the part of the weapon where it is contained and moves the culatry;

f) "Chamber" the part of the pipe or, in the revolvers, the cavity of the drum where if

introduces the ammunition;

g) "Pipe" the part of the weapon consisting of a tube intended to guide the projectile in the

moment of the firing;

h) "Dog" the play of a percussion mechanism that contains or beats the percutor

with a view to the firing of the ammunition;

i) "Carcass" the part of the short weapon of which it is part or where the fist is fixed and which

shuts down the firing mechanism;

j) 'Charger' the removable container where the ammunition is housed in a weapon

of fire;

l) "Bologna" the part of a firearm that is intended to enable its support in the

shoulder of the shooter;

m ) "Corrediça" the part of the automatic or semi-automatic weapon that integrates the culatric and

that moves in gutters on the carcass;

n) "Culatra or block of the culturist" the part of the firearm that obtures the edge

of the pipe where the chamber is located;

o) 'Deposit' the unremovable compartment of a firearm where they are

housed the ammunition;

p ) "Trigger or tail of the trigger" the piece of the firing mechanism that, when

triggered by the shooter, causes the firing;

q) "Wardrobe" the piece that protects the trigger from accidental actuation;

r) "firing mechanism" the mechanical or other system which, when actuated

through the trigger, provoases the firing;

s) "locking mechanism" the set of parts intended to block the cullator

mobile in the filling position of the chamber;

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t) "essential parts of the firearm" in the revolvers, the pipe, the drum and the carcass,

in the remaining firearms, the pipe, the culatran, the box of the culatran or strap, the

basics and the carcass;

u) "Percutor" the piece of a firing mechanism that actuates the ammunition, by

impact on slipping or fulminant;

v) "Punho" the part of the firearm that is grasped by the hand that fires;

x) "Silencer" the accessory that applies over the mouth of the barrel of a gun

intended to eliminate or reduce the noise resulting from the firing;

z) "Tambor" the part of a revolver consisting of a set of cameras that

form a rotating deposit of ammunition.

3-Ammunition of firearms and their components:

a) "Bullet or projectile" the component part of an ammunition or load that if

is intended to be launched through the pipe by the gases resulting from the deflagration of

a propelor load or other propulsion system;

b) "Caliber of the weapon" the denomination of the ammunition so that the weapon is manufactured;

c) "Gauge of the pipe" the inner diameter of the pipe, expressed in millimetres or

inches, corresponding, in the gutted soul pipes, to the diameter of brocage

before you open the stretch marks, or equivalent to this diameter in the case of others

manufacturing processes;

d) "Load propellers or powder charge" the chemical compound load used for

carry the ammunition or the load of black powder or similar substance used for

carry the loading arms by the mouth;

e) "Cartridge" the metal box, plastic or other material which is intended to contain the

fulminant, the propellant load and the projectile or load of projectiles for use

in weapons with soulful soul pipe;

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f) "Hunting cartridge" the ammunition for long firearm from soulful soulful barrel,

own for venatory or sporting activity;

g) "Chumbos of hunting" the projectiles, with diameter up to 4.5 mm, with which they carry themselves

the hunting cartridges;

h) "Components for recharging" the cartridges, wraps, fulminants or slips,

propelletic and projectile cargo for firearms ammunition;

i) "Fulminating or slipping" the component of the ammunition composed of a capsule

which contains explosive mixture, which when deflagration causes a flame

intense aimed at inflaming the propeling load of the ammunition, and may also not

be applied on the cartridge or casing in old weapons or replicas;

j) "Investing" the metal box, plastic or other material that is intended to contain

the fulminant, the propellant load and the projectile for use in weapons with pipe

of stirred soul;

l) "Firearm ammunition" the cartridge or casing or other device

containing all components in conditions of being immediately fired

in a firearm;

m ) "Ammunition with game bullet" the hunting cartridge with single projectile;

n) "Ammunition with disintegrable bullet" the ammunition whose projectile is manufactured with the

purpose of disintegrating into the impact with any hard surface or object;

o) "Ammunition with expansive bullet" the ammunition whose projectile is manufactured with the

objective to expand on the impact with a solid body;

p) "Ammunition with explosive bullet" the ammunition with projectile containing a charge that

explodes at the time of the impact;

q) "Ammunition with incendiary bullet" the ammunition with projectile containing a compound

chemical that ignites in contact with air or at the time of the impact;

r) "Ammunition with bullet encamisated" the ammunition with designated projectile

internationally as full metal jacket (FMJ), with metallic shirt that covers

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the core in all its extent, with the exception, or not, of the base;

s) "Ammunition with punctured bullet" the ammunition with steel core projectile

seasoned or other hard or hardened metal, intended to pierce hard targets and

resistant;

t) "Ammunition with dashed bullet" the ammunition with projectile that contains a

pyrotechnical substance intended to produce flame and or smoke in a way to make

visible to its trajectory;

u) "Ammunition with cylindrical bullet" the internationally designated ammunition as

cylindrical or flattened projectile wadcutter, intended to be used in

sport shooting, causing on target a well-defined contour orifice;

v) [ Repealed ];

x) "Anellar or lateral percussion" the ignition system of an ammunition in which the

percutor acts on a peripheral point relatively to the centre of the base of the

same;

z) "Central percussion" the ignition system of an ammunition in which the percutor acts

on the slipping or fulminant applied at the centre of the base of the casing;

aa) "Zagalotes" the projectiles, with a diameter of more than 4.5 mm, which are part of

a set of multiple projectiles to be fired at firearms

with lisa soulful pipe.;

ab) "Ammunition from saves or alarm" the ammunition without projectile and intended solely for

produce a sound effect at the time of firing;

4-Health of firearms:

a) 'Loaded firearm' the firearm that has an ammunition introduced in the

chamber and the weapon of carrying by the mouth in which the propeler load is introduced,

fulminant and projectile in the chamber or chambers;

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b) 'Weapon of fire municiped' the firearm with at least one ammunition

introduced to your deposit or charger;

c) "Cycle of fire" the set of operations carried out sequentially that occur

during the operation of the firearms of carrying by the culatran;

d) "Culatra open" the position in which the culatric or the strap of a weapon if

finds retained in its most backward position, or in such a way that the chamber is not

obturated;

e) "Culatra closed" the position in which the culatran or strap of a gun lies

in its most advanced position, or in such a way as to obturate the chamber;

f) "Firing" the act of pressing the trigger, actuating the firing mechanism of the

weapon, in such a way as to provoke the launch of the projectile.

5-Other definitions:

a) "Armeiro" any natural or legal person whose professional activity

consist, wholly or partially, in the manufacture, purchase and sale or repair of weapons

of fire and its ammunition;

b) "Field of shooting" the functional exterior facility and exclusively intended for

practice of shooting with firearm loaded with multiples projectile ammunition;

c) "Career shooting" the indoor or outdoor installation, functional and exclusively

intended for the practice of shooting with firearm loaded with projectile ammunition

single;

d) "strong or fortified house" the construction or exclusive use compartment of the

bearer or holder, fully edited in concrete, or masonry, or with

walls, sogarlic and ceiling reinforced with mesh or metal structure, being in

all cases endowed with a security door with lock of locks and, case

there are, windows with metallic railings;

e) "Date of manufacture of weapon" the year in which the weapon was produced;

f) 'Possession of weapon' the fact of having in its power or in its sphere of

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availability a weapon;

g) 'Warning Fire' the voluntary act of firing a weapon aimed at

free zone of persons and goods;

h) "Equipment, military means and material of war" the equipment, weapons,

resourcefulness, instruments, products or substances manufactured for military purposes and

used by the Armed Forces and forces and security services;

i) "Establishment of fun", all public or private places, built

or adapted for the purpose, in the sequence or not of a licensing process

municipal, which find themselves operating essentially as bars, discotheques and

similar, electric game rooms or manuals and fairgrounds;

j) "Explosive civil" all substances or explosive products whose manufacture,

trade, transfer, import and use is subject to authorisation

granted by the competent authority;

l) "Explosive Engineer or improvised incendiary" all those who use

substances or explosive products or artisanal manufacturing arsonists not

authorized;

m) 'weapon guard' the act of depositing the weapon in safe or secure locker

not portable, house-strong or fortified, as well as the application of padlock or

mechanism that makes it impossible to fire the same, in the interior of the domicile or other

authorized location;

n) "Possession of weapon" the act of bringing with it a weapon municiped or loaded or in

conditions of the being for immediate use;

o) "Sports receptive" the space created exclusively for the practice of sport,

with fixed character and with building structures that guarantee you this allocation

and functionality, endowed with permanent posts and reserved to assistants, after the

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last check-in;

p) "Transportation of weapon" the act of transfer of an unloaded weapon and

detached or disassembled from one location to another, so as not to be

susceptible to immediate use;

q) "Use of weapon" the act of wielding or firing a weapon;

r) "Exclusion zone" the control zone of the pedestrian or road circulation, defined

by the public authority, with a given temporal duration, in it may

include the journeys, roads, railway stations, fluvial or trucking stations with

connection or to serving access to sports precincts, areas and other spaces

public, from it engaging or not, where to focus on assistants or supporters

of this event;

s) "Trigger padlock" the device applied to the weapon that is intended to prevent its

use and unauthorized firing.

t ) "Importation", the entry into national territory, of any goods, as well as its

stay in customs office or international zone, to await the

customs legal procedures, when coming from third countries;

u) "Export", the departure of the tax limits of the national territory of any goods

with destination the third country, as well as its stay in office

customs or international zone to await customs legal procedures.

v) "Transit", the passage through national territory, to await legal proceedings

customs, of any goods originating in third country and which are intended to

export or transfer to another State;

x) "Homologation of weapons and ammunition" the approval of brand, model, as well as

too much technical characteristics of weapons by the national director of PSP;

Article 3.

Classification of weapons, ammunition and other accessories

1-The weapons and ammunition are classified in classes A, B, B1, C, D, E, F and G, of

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agreement with the degree of dangerousness, the end to which they are intended and their use.

2-Are weapons, ammunition and accessories of class A:

a ) The equipment, military means and war material, or classified as such;

b) Automatic firearms;

c) Chemical, biological, radioactive or susceptible nuclear weapons;

d) Dissimulated white or fire weapons in the form of another object;

e) The automatic opening knives, stilettes, butterfly knives, pitch knives,

stars of casting and boxers;

f) White guns without assignment to the exercise of any venatory practices,

commercial, agricultural, industrial, forestry, domestic or sporting goods, or that

for their historical or artistic value are not the subject of collection;

g) Any ingenious or instruments built exclusively with the end of

be used as a weapon of aggression;

h) The defence aerosols not listed in point a) of paragraph 7 of this article and the

Gas launcher weapons or concealed in the form of another object;

i) The electric or extendable batons, of exclusive use of the Armed Forces or

forces and security services;

j) Other gadgets that emit electrical discharges without the characteristics

constants of point b) of paragraph 7 of this article or dissembled in the form of

another object;

l) The firearms processed or modified;

m) The firearms manufactured without authorization;

n) The reproductions of firearms and the arms of alarm;

o) Easily dismountable shotguns and carabines in components of reduced

dimension with a view to its dissimulation;

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p) The shotguns whose length of pipe is less than 46 cm;

q) The ammunition with punctured bullet, explosive, incendiary, dashed, disintegrable,

of saves or alarm;

r) The silencers;

s) Telescopic mire, other than those that are allocated to the exercise of

any federated venatory or sports practices;

t) The weapons classified as equipment, military means or war material

or the mistakable ones with military weaponry.

3-Are Class B guns the short or semi-automatic short fire firearms.

4-Are weapons of the B1 class:

a) The semi-automatic pistols with the calibers 6.35 mm or .25;

b) The revolvers with the caliber named .32.

5-Are weapons of class C:

a) The semi-automatic long firearms, repeat or shot to shoot, from pipe

of stirred soul;

b) The semi-automatic long firearms, repeat or shot to shoot with two

or more pipes, if one of them is of a gutted soul;

c) The semi-automatic or repeating long firearms, from soulful soul pipe, in

that this does not exceed 60 cm

d) The short-shot firearms solely capable of firing ammunition from

central percussion;

e) Firearms of calibre up to 6 mm solely capable of firing ammunition from

anellar percussion;

f) The replicas of firearms, when used for sport shooting;

g) The arms of compressed air of a gauge of more than 5.5 mm.

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6-Are weapons of class D:

a) The semi-automatic or repeating long firearms, from soulful soulful pipe

with a length of more than 60 cm;

b) The semi-automatic long firearms, repeat or shot the barrel shot

of stirred soul with a length of more than 60 cm, solely apt to

fire ammunition of own from the soulful soulful pipe;

c) The long shot guns the soulful shot of soulful soul pipe.

7-Are weapons of class E:

a) Gas defence aerosols, the active principle of which is the capsaicin or

capsicum oleoresin (pepper gas) with a concentration not exceeding 5%, and

that they may not be confused with weapons from another class or other objects;

b) Electric weapons up to 200000 volts, with safety mechanism and which do not

may be mistakable with weapons from another class, or with other objects;

c) The firearms and their ammunition, of industrial production, solely apt to

fire non-metallic bullets or boost devices, conceived of origin

to eliminate any possibility of lethal aggression and have merited

homologation by the National Directorate of PSP.

8-Are weapons of class F:

a) The matracas, sabres and other white guns traditionally meant for the arts

martial;

b) The replicas of firearms when intended for ornamentation;

c) Unutilized firearms when intended for ornamentation;

9-Are weapons of the G class:

a) The veterinary weapons;

b) The signalling weapons;

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c) The weapon launches-cabs;

d) The weapons of air compressed air;

e) The reproductions of firearms for recreational practices;

f) The weapons of compressed air of recreation.

10-For the purpose of the specific legislation of the hunting, the weapons of

fire referred to in points a ), b) and c) of paragraph 5 and in the paragraphs a ), b) and c) of paragraph 6, with

exception of those mistakable with military weaponry.

11-The weapons may only be allocated to the activity that motivated the concession, and may, by

dispatch of the national director of PSP, be allocated to more than one activity by

reasoned request from the person concerned.

SECTION II

Acquisition, arrest, use and possession of weapons

Article 4.

Weapons of class A

1-The sale, acquisition, cedability, detention, use and possession of weapons, are prohibited,

accessories and ammunition of class A.

2-Without prejudice to the provisions of the preceding paragraph, upon special permission of the

national director of PSP, may be authorised for sale, acquisition, cedence,

detention, use, import, export and transfer of arms and accessories

of class A intended for public or private museums, scientific research or

industrial and uses in theatrical, cinematographic or other performances

of artistic nature, of recognized cultural interest, with the exception of military means

and war material whose authorization is the competence of the minister who guardiisthe the sector

of National Defense.

3-Without prejudice to the provisions of paragraph 1, upon special permission of the national director of the

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PSP, may be authorised for sale, acquisition, cedability, detention, use,

import, export and transfer of alarm arms intended for activities

sports or the adestration of animals.

4-The authorizations to which the previous figures are referred are required with justification

of the motivation, indication of the time of use and the respective safety plan.

Article 5.

Weapons of class B

1-Class B guns are acquired upon declaration of purchase and sale or donation,

careening of prior permission granted by the national director of PSP.

2-A The acquisition, detention, use and possession of Class B guns are authorized to the

President of the Republic, to the President of the Assembly of the Republic, to the Members, to the

members of the Government, the representatives of the Republic, regional MPs, the

members of the Regional Governments, the members of the Council of State, the

civil governors, judicial magistrates, the magistrates of the Public Prosecutor's Office and

to the ombudsman.

3-A The acquisition, detention, use and possession of Class B guns may be authorized:

a) To whom, pursuant to their respective organic law or professional status, may be

assigned or dispensed with a Class B gun use and possession license, after

verification of the individual situation;

b) To the holders of the licence B;

c) To special licence holders assigned under Article 19 (1).

4-Without prejudice to the provisions of the preceding paragraph, upon special permission of the Director

national PSP, may be authorised for sale, acquisition, cedability, detention,

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use, import, export and transfer of class B weapons and accessories

intended for public or private museums, scientific or industrial research and

uses in theatrical, cinematographic, or other nature performances

artistic, of recognized cultural interest.

Article 6.

Weapons of class B1

1-Class B1 weapons are acquired upon declaration of purchase and sale or

donation, lacking in advance permission granted by the national director of PSP.

2-A The acquisition, detention, use and possession of weapons of class B1 may be authorized:

a) To licence holders of use and weapon possession of class B1;

b) To special licence holders assigned under Article 19 (1).

Article 7.

Weapons of class C

1-Class C weapons are acquired upon declaration of purchase and sale or donation,

careening of prior permission granted by the national director of PSP.

2-A The acquisition, detention, use and possession of Class C weapons may be authorized:

a) To licence holders of use and weapon possession of class C;

b) To whom, pursuant to their respective organic law or professional status, may be

assigned or waived of class C weapon use and possession license, after

verification of the individual situation.

3-Without prejudice to the provisions of the preceding paragraph, upon special permission of the Director

national PSP, may be authorised for sale, acquisition, cedability, detention,

use, import, export and transfer of class C weapons and accessories

intended for public or private museums, scientific or industrial research and

uses in theatrical, cinematographic, or other nature performances

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artistic, of recognized cultural interest.

Article 8.

Weapons of class D

1-Class D weapons are acquired upon declaration of purchase and sale or

donation.

2-A The acquisition, detention, use and possession of weapons of class D may be authorized:

a) To licence holders of use and weapon possession of classes C or D;

b) To whom, pursuant to their respective organic law or professional status, may be

assigned or waived the license of use and possession of class D weapon, after

verification of the individual situation.

3-Without prejudice to the provisions of the preceding paragraph, upon special permission of the

national director of PSP, may be authorised for sale, acquisition, cedence,

use, detention, import, export and transfer of arms and

class D accessories intended for public or private museums, research

scientific or industrial and uses in theatrical, cinematographic or other achievements

spectacles of artistic nature, of recognized cultural interest.

Article 9.

Weapons of class E

1-The weapons of the class E are acquired upon declaration of purchase and sale.

2-A The acquisition, detention, use and possession of weapons of the class E may be authorized:

a) To licence holders of use and weapon possession of class E;

b) To licence holders of use and weapon possession of classes B, B1, C and D, license of

possession of a weapon at home and special license, as well as to all those who, by

strength of the respective organic law or professional status, can be assigned or

dispensed with the license of use and possession of a weapon, verified to your individual situation.

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Article 10.

Weapons of the F class

1-Class F weapons are acquired upon declaration of purchase and sale or donation.

2-A The acquisition, detention, use and possession of weapons of class F may be authorized to the

licence holders of use and weapon possession of class F.

Article 11.

Weapons of the G class

1-A acquisition of veterinary weapons and launches-cables may be authorised, upon

declaration of purchase and sale, to the largest of 18 years which, for professional reasons or from

sports practice, prove to need the same.

2-A acquisition of signage weapons is permitted, upon declaration of purchase and sale

and prior permission of PSP, to whom to develop activity justifying the appeal to

pirotechnical means of signaling.

3-A The acquisition of reproductions of firearms for recreational practices is permitted by the

national director of PSP at the age of 18, upon declaration of purchase and

sale and proof of enrolment in a sports promotion association recognized by the

Institute of the Sport of Portugal, I. P. and registered with the PSP.

4-Without prejudice to the provisions of the preceding paragraph, to those under the age of 18 and greater than 16

years is allowed to acquire reproductions of firearms for recreational practices

as long as they are authorised for the effect by who exercises parental power.

5-A The authorisation referred to in paragraph 2 shall contain the identification of the buyer and the quantity

and fate of the signalling weapons to be acquired and may only be granted to whom it demonstrates

to develop activity justifying the use of these weapons.

6-A The detention, use and possession of these weapons are only allowed for the exercise of the

mentioned activities.

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7-A acquisition of recreational compressed air arms, intended for the practice of activities

lucid, is allowed to be greater than 18 years by the national director of PSP upon

statement of purchase and sale.

CHAPTER II

Type-approval, licences for use and possession of weapons or their detention

SECTION I

Type-approval, types of licence and assignment

Article 11-The

Homologation

1-They shall be subject to type-approval for weapons and ammunition intended for sale, purchase,

ceding, detention, import, export and transfer.

2-For the purpose of homologation of weapons and ammunition, the person concerned submits application

to the national director of PSP, the process being instructed with the technical description

detailed of the weapon and ammunition and with photographic catalogue, in model and conditions

to be defined by dispatching of the national director of PSP.

3-It is prohibited to import, export, transfer and trade, on national territory,

of weapons and unhomologated ammunition.

Article 12.

Classification of licences for use and possession of weapon or detention

1-In accordance with the classification of the arms of Article 3, the purposes to which the

are they are intended, as well as the justification of their need, they can be granted

by the national director of PSP the following licences of use and possession or detention:

a) License B, for the use and possession of weapons of classes B and E;

b) License B1, for the use and possession of weapons of classes B1 and E;

c) License C, for the use and possession of weapons of classes C, D and E;

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d) License D, for the use and possession of weapons of classes D and E;

e) License E, for the use and possession of weapons of the classes E;

f) License F, for the detention, use and possession of weapons of class F;

g) Weapon detention permit at home, for the detention of weapons of the classes

B, B1, C, D and F and use and weapon possession of class E;

h) Special license for the use and possession of guns from classes B, B1 and E.

2-The situations of exemption or dispensation of legally foreseen leave are

correspondingly applicable the obligations provided for the licence holders.

3-The use and possession of a weapon by whom it performs professional activities that require it,

that not those performed by the Armed Forces and Forces and Security Services, is

regulated by dispatching of the national director of PSP.

Article 13.

License B

1-Without prejudice to the situations of exemption or dispensation, licence B may be granted to the

applicant who makes proof of the cessation of the right that allowed him the use and possession of a weapon

of class B, at least over a period of four years.

2-A licence is not granted if the cessation of the right which has allowed the applicant to use and

weapon size occurred as a result of the application of disciplinary penalty of resignation, of

compulsive retirement, as well as retiming by psychic or physical disability

impediment to the use and possession of it.

3-Applications for granting of Class B gun use and possession licences are formulated

by application of which the applicant's full name, the number of the

identity card, date and place of issue, date of birth, profession, marital status,

naturalness, nationality and domicile, as well as the justification of the pretension.

Article 14.

License B1

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1-A B1 license can be granted to the largest of 18 years that meet, cumulatively, the

following conditions:

a) They find themselves in full use of all civil rights;

b) Demonstrate to lack the license for professional reasons or by circumstances of

personal or property defence;

c) Be it idogens;

d) Be holders of medical certificate;

e) They are holders of the certificate of approval for the use and possession of firearms.

2-Without prejudice to the provisions of Article 30 of the Constitution and the following number, to

effects of the assessment of the constant requirement in the c) of the previous number, is

liable to indict a lack of idoneity for the purposes of granting the licence the fact that

to the applicant has been applied for security measure or judicial conviction by the practice

of crime.

3-In the course of the period prior to the verification of the final cancellation of the inscription

in the criminal record of the judicial decisions in which the applicant has been convicted, may be-

it recognized him the suitability for the intended purposes, by the court of the last

sentencing, upon a reasoned opinion approved by the judge, drawn up by the

magistrate of the prosecutor's office that for the purpose proceeds to the hearing of the applicant, and

determines, if necessary, the collection of other elements taken by pertinent to its

formulation.

4-The applications for the granting of B1 class use and weapon licences are

formulated through an application from which to consume the full name of the applicant,

identity card number, date and place of issue, date of birth, profession,

marital status, naturalness, nationality and domicile, as well as the justification of the

pretension.

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5-The application referred to in the preceding paragraph shall be accompanied by the certificate of

approval for the use and possession of firearms of the B1 class.

Article 15.

C and D licenses

1-C and D licences can be granted to greater than 18 years that they gather,

cumulatively, the following conditions:

a) They find themselves in full use of all civil rights;

b) Demonstrem caries of the license for the practice of venomous acts of hunting larger

or smaller, for the licences C or D, respectively, and find themselves enabled

with letter of hunter with a firearm;

c) Demonstrem caries of the licence for the practice of venomous acts of hunting greater or

minor, for the licences C or D, respectively, and find themselves enabled with

letter of hunter with a firearm or demonstrate grounded reasons

of the licence on professional grounds;

d) Be it idogens;

e) Be holders of medical certificate;

f) They are holders of the certificate of approval for the use and possession of firearms.

2-A The suitability of the suitability of the applicant is made pursuant to the provisions of the n. paragraphs 2 and 3

of Article 14 para.

3-The applications for the granting of use permits and weapon possession of classes C and D are

formulated through an application from which to consume the full name of the applicant,

identity card number, date and place of issue, date of birth, profession,

marital status, naturalness, nationality and domicile.

4-The application must be accompanied by the certificate of approval for the use and possession

of firearms from Class C or D.

5-Without prejudice to the provisions of paragraph 1, to those under the age of 18 and greater than 16 years may

75

be authorized the use and possession of Class D weapons, for the practice of venatory acts of

larger or smaller hunting, as long as duly accompanied by who wields power

paternal, and on the condition that this is the owner of the weapon used by the minor.

Article 16.

License E

1-A License E can be granted to the largest of 18 years who gather, cumulatively, the

following conditions:

a) They find themselves in full use of all civil rights;

b) Demonetisation justifiably caretaker of the licence;

c) Be it idogens;

d) Be holders of medical certificate.

2-A The suitability of the suitability of the applicant is made pursuant to the provisions of the n. paragraphs 2 and 3

of Article 14 para.

3-The applications for the granting of class E weapon use and possession licences are formulated

by application of which the applicant's full name, the number of the

identity card, date and place of issue, date of birth, profession, marital status,

naturalness, nationality and domicile, as well as the justification of the pretension.

Article 17.

License F

1-A F licence is granted to the largest of 18 years, which meet, cumulatively, the

following conditions:

a) They find themselves in full use of all civil rights;

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b) Demonstrate carving of the license for the sports arts practice of martial arts, being

federated athletes, recreational practices in private property and collectionism of

replica and firearms unutilised for purposes of ornamentation;

c) Be it idogens;

d) Be holders of medical certificate.

2-A The suitability of the suitability of the applicant is made pursuant to the provisions of the n. paragraphs 2 and 3

of Article 14 para.

3-Applications for granting of class F weapon use and possession licences are formulated

by application of which the applicant's full name, the number of the

identity card, date and place of issue, date of birth, profession, marital status,

naturalness, nationality and domicile, as well as the justification of the pretension.

4-By dispatch of the national director of PSP, the solicitation of the person concerned, through whom

exercise the parental power, the acquisition, detention, use and possession of the

weapons indicated in the paragraph a) of Article 3 (8) to minors of 18 years and greater than 14

years.

Article 18.

Gun detention permit at home

1-A weapon detention permit in the domicile is granted to greater than 18 years,

exclusively for the purpose of holding arms in your residence, in the following cases:

a) When the permit for use and possession of a weapon has ceased, by the express will of the

its holder, or lapsed and this does not opt for the transmission of the weapon covered;

b) When the right of use and possession of a weapon has ceased and its holder does not opt

by the transmission of the weapon covered;

c) When weapons have been acquired by succession mortis cause and its value

venal, artistic or an estimative the justifies.

2-Applications for granting of a firearm detention permit in the domicile are formulated

77

by application of which the applicant's full name, the number of the

identity card, date and place of issue, date of birth, profession, marital status,

naturalness and domicile, as well as the justification of the pretension.

3-In no event the detention of the weapons may be accompanied by ammunition for the

Same.

4-If the class in which the weapons are classified obliges to exist at the domicile

of safe deposit box or non-portable security cabinet, the assignment of the detention permit is

dependent on the demonstration of its existence, the provisions of (e) being applicable.

of Article 30 (2)

5-A domiciliary detention permit cannot be granted in the following cases:

a) When the permit for use and possession has been cassated;

b) When the right of use and possession of a weapon has ceased for the constant reasons of the

n Article 13 (2);

c) When the applicant does not gather, cumulatively, the constant requirements of the

points a) , c) and d) of Article 14 (1)

6-A The suitability of the suitability of the applicant is made pursuant to the provisions of the n. paragraphs 2 and 3

of Article 14 para.

7-Verified some of the circumstances referred to in paragraph 5, has the holder of the guns 180

days to promote the transmission of the same, under penalty of being declared lost to

favour of the State.

Article 19.

Special license

1-Special licences may be granted for the use and possession of weapon of classes B and B1

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when requested by the President of the Republic, by the President of the Assembly of

Republic and by the ministers, to allocate to officials at their service.

2-A special permit granted pursuant to the preceding paragraph shall lapse after 5 years or with

the cessation of functions, if the period of validity has not been exhausted, and may, in

justified cases, be assigned license of use and weapon possession of class B or B1, in the

terms of the provisions of paragraphs 1 and 2 of Article 13.

Article 19-A

License for minors

Without prejudice to the provisions of Article 15º (1), to those under 18 and greater than 16

years may be authorized the use and possession of weapons of class D, for the practice of acts

poaching venatories larger or smaller, as long as they duly accompanied in the same act

kinetics, by whom it exercises parental power, and on the condition that this is the owner of the

weapon used by the minor and holder of the corresponding license.

Article 20.

Refusal of concession

In addition to the non-verification of the requirements required in this Act for the granting of the

permit intended, may the application be refused, inter alia, when it has been

determined the cassation of the licence to the applicant, are not deemed to be relevant the

reasons justifying the claim or do not consider themselves appropriate for the purposes

required.

SECTION II

Training and updating courses, examinations and certificates

Article 21.

Training courses

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1-The technical and civic training courses for the use and possession of firearms of the classes

B1, C, D and E with respect to electrical weapons and defence aerosols and for the financial year

of armeiro activity are provided by PSP or by entities by you accredited

to the effect.

2-A frequency, with harnessing, of the training courses for the use and possession of weapons

of fire conferring by forming a certificate with specification of the class of weapons to which

is intended.

Article 22.

Courses of updating

1-B1 licence holders must submit, in every five years, to a course of

technical and civic update for the use and possession of firearms, delivered on the terms

of the previous article.

2-The licence holders C and D must submit, in every ten years, to a course of

technical and civic update for the use and possession of firearms, delivered on the terms

of the previous article.

Article 23.

Medical examination

The medical examination, with physical and mental incidence, is intended to certify if the applicant

is fit, or fit with restrictions, to the detention, use and possession of a weapon, as well as whether it is in the

possession of all its psychic faculties, with no clinical history that let be suspected power

come to attest against your physical or third party integrity.

Article 24.

Frequency of training courses for gun holders

The enrollment and the frequency in the training course for weapon holders or the

exercise of the activity of armeiro depend on prior permission of PSP upon

assessment of compliance with the legal requirements for the granting of the licence.

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Article 25.

Examinations of aptitude

1-Completed the training courses take place exams of aptitude.

2-The exams will be held on date and place to be fixed by the PSP and comprise a proof

theoretical and a practice.

3-The examination juries consist of three members to be appointed by the national director

of the PSP, and may integrate representatives of the Ministry of Agriculture, of the

Rural Development and Fisheries, in the cases of allocation of licences for use and

size of arms of the C and D classes.

Article 26.

Certificate of approval

1-The certificate of approval for the use and possession of weapons is the document issued by the

national director of PSP, assigned to the candidate who has obtained the classification of

apt in the theoretical and practical proofs of the aptitude exam, proving that the examined

may come to obtain license for the use and possession of weapons of the class to which the same is intended.

2-The deferris of the application for enrolment and frequency in the training course as well as the

approval in the aptitude examination shall not confer any rights to the applicant as to the

grant of the license.

SECTION III

Renewal and expiry of licences

Article 27.

Validity of licences

1-The licences of use and possession or possession of a weapon are issued for a period of

time determined and can be renewed at the request of the person concerned.

2-In no case are any lifetime licences assigned.

3-Use licenses and weapon possession of classes B, B1, C and D and the special license

granted under Article 19 shall be valid for a period of five years.

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4-The licences of use and weapon possession of classes E and F are valid for a period of six

years.

5-The gun detention permits in the domicile are valid for a period of 10 years.

Article 28.

Renewal of the license for use and possession of a weapon

1-A renewal of the permit for use and possession of a weapon must be required up to 60 days before the

term of your term and depends on the verification, on the date of the application, of the required requirements

for your grant.

2-The frequency requirement of the technical and civic training course for the use and size of

weapon of the respective class is replaced with proof of the frequency of the course of updating

corresponding, provided for in Article 22, where it is required.

Article 29.

Expiry and non-renewal of the licence

1-In cases where the expiry of the licences occurs, the respective holder has the

period of 180 days to promote its renewal or proceed to the transmission of the

respective weapons.

2-In cases where the renewal of the licence is not allowed, the person concerned shall

deliver the respective weapon in the PSP, accompanied by the inherent documents, on the deadline

of 15 days after the notification of the decision, under penalty of incurrention in crime of

qualified disobedience.

3-Within the time limit set in the preceding paragraph, the person concerned may proceed to the transmission of the

weapon, referring to the PSP the respective demonstrator.

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CHAPTER III

Acquisition of weapons and ammunition

SECTION I

Purchase authorizations and declarations of purchase and sale or donation of arms

Article 30.

Authorization of acquisition

1-A The acquisition permit is the document issued by the PSP that allows its holder to

acquisition, either onerous or free of charge, of a weapon of the class to which the same relates.

2-The requirement to apply for the purchase authorisation shall contain:

a) The complete identification of the buyer or a donator;

b) The number and type of license of which is holder or the number of the alvshall of the entity

which exercises the activity;

c) Identification of the brand, model, type and caliber;

d) Declaration, under commitment of honour, of owning at your domicile or

facilities, respectively, a non-portable safety vault or locker, or

house-strong or fortified, as well as reference to the existence of minors in the

Household, if any;

e) Authorisation for PSP to check the existence of the security conditions for the

guard of the weapons.

3-A check of the safety conditions on the part of PSP leads always in

consideration of the existence or not of minors at the domicile of the applicant, and may

acquisition authorisation is conditional on making changes to them.

4-A The acquisition permit has the shelf life of 60 days and of it must appear in the

elements referred to in points a) , b) and c) of paragraph 2.

5-[ Revoked ].

Article 31.

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Declarations of purchase and sale or donation

1-A statement of purchase and sale or donation is the document of which is listed in

full identification of the seller or donor and the buyer or tenant, type and

number of licences or alvarás, date, identification of the brand, model, type, caliber,

capacity or voltage of the weapon, as per cases, and manufacturing number, if it has.

2-A The declaration referred to in the preceding paragraph is made in triplicate, the original being for the

PSP, the duplicate for the buyer or tenant and the triplicate for the seller or

donor.

3-The seller or donor refers the original of the declaration to the PSP, as well as the booklet

of manifest, within a maximum of 15 days, for the purpose of issuance of booklet of

manifest, from the registration of the weapon and its ownership, as per the cases.

Article 32.

Limits of detention and guard

1-The holders of the licences B and B1 are only allowed to hold up to two weapons of the class

respective, being your guard made in non-portable vault.

2-To the holder of licence C is only permitted to hold up to five firearms of this class,

being your guard made in non-portable vault, or house-strong or fortified for the guard

of the same, duly verified by the PSP, whenever it possessions more than three weapons

of this class.

3-To the holder of the licence D is only allowed to hold up to five firearms of this class,

being your guard made in safe or non-portable safety locker, properly

verified by PSP, whenever it possessions more than three guns of this class.

4-To the holder of a gun detention permit in the domicile is only allowed for detention until

five firearms, being your guard made in safe or security closet not

portable, duly verified by PSP.

5-Irrespective of the number of weapons held under the licences referred to us

previous figures, whenever the holder holds in total more than 25 firearms is

thank you to have house-strong or fortified for the guard of the same, duly

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verified by PSP.

6-The limits indicated in paragraphs 2, 3 and 4 may be exceeded by authorisation

special of the national director of the PSP, by duly substantiated request of the

interested.

SECTION II

Acquisition of ammunition

Article 33.

Ammunition record book for the weapons of classes B and B1

1-The ammunition record book is granted with the manifesto booklet of the weapons of the

classes B and B1.

2-The ammunition record book is intended to enrol in own fields the dates and

quantities of ammunition acquired and fired, from it owing to the name of the

holder, number of the manifest booklet of the weapon and its caliber.

3-Each purchase of ammunition carried out shall be recorded in the book and certified and dated

by the armeiro.

4-Each shot or set of firing carried out by the owner in shooting career

must be registered in the book and certified and dated by the career officer.

5-The ammunition record book can be replaced in the frame of the implementation of a

centralized informatics record in the PSP of all the acquisitions and spending of ammunition that

include the assignment and management of an electronic card with identification code

secret.

Article 34.

Possession and acquisition of ammunition for the weapons of classes B and B1

1-The owner of a weapon of classes B and B1 cannot, at any time, have at

its power more than 250 munitions per each of the said classes.

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2-A The acquisition of ammunition depends on the presentation of the weapon's manifest booklet,

license for use and possession of a weapon, ammunition record book and proof of the

identity of the licence holder.

Article 35.

Acquisition of ammunition for the weapons of classes C and D

1-A The purchase and sale of ammunition for the weapons of classes C and D is free, upon proof

of the identity of the buyer, display of the manifest booklet of the respective weapon,

license for use and possession of weapon and discriminated invoice from the ammunition sold.

2-The holders of licences C and D are not permitted to hold more than 1000 ammunition

for weapons of class D or more than 250 ammunition for Class C weapons, saved by

special permission of the national director of the PSP, upon a reasoned request

of the interested.

3-A Regulatory legislation of this Law sets out the necessary measures for the

implementation of means of electronic registration and centralised management in the PSP of all

acquisitions.

Article 36.

Recharge and recharge components

1-A ammunition recharge is allowed to licence holders C and D, not being allowed

surpass the propulsive loads indicated by the manufacturers.

2-Only the sale of equipment and recharge components to whom to submit

the licences referred to in the preceding paragraph.

3-The ammunition coming from recharging cannot be sold or ceded and can only

be used in the practice of venomal acts, drills or sports evidence.

SECTION III

Acquisition by succession mortis cause and yielding by loan

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Article 37.

Acquisition by succession mortis cause

1-A acquisition by succession mortis cause of any weapon manifested is permitted upon

authorization of the national director of the PSP.

2-The national director of the PSP may authorize the weapon to be averaged in the name of the

head-of-couple until proceeding to the sharing of the estate of the author of the inheritance, being in this

mandatory case the deposit of the weapon at the guard of the PSP.

3-Should the head-of-the-couple or other heir gather the legal conditions for the detention of the

weapon, can be requested to be averse in your name, staying the same at your guard.

4-A request from the head-of-the-couple, may the weapon be transmitted to anyone gathering conditions for

his or her detention, being the purchaser chosen by the person concerned, or it can be sold at

auction that PSP promotes, being the value of the award, deducted from the charges,

delivered to the inheritance.

5-Finda the sharing, the weapon will be handed over to the beneficiary heir, as long as this assemble the

legal conditions for his detention.

6-Decorrides 10 years without there being a complaint of the good, it will be the same declared lost

in favour of the State.

Article 38.

Ceding to loan title

1-Can be subject to ceding, by way of loan, the weapons of classes C and D,

provided that it is intended for the exercise of venatory practice, under the conditions set out in the

regulatory legislation of this Law.

2-The loan shall be formalized upon written document, drawn up in

triplicate, issued by the owner and by this dated and signed, being certified by the

87

PSP, which archives the original, owing the duplicate to be guarded by the owner and the

tripled to accompany the weapon.

3-It is not allowed the loan for more than 180 days, except if it is the museum.

4-The legal loan of the weapon exburns the owner of the civil liability inherent in the

damage for that caused.

CHAPTER IV

Standards of conduct of gun carriers

SECTION I

Common obligations

Article 39.

General obligations

1-The bearers of any weapon obligate themselves to comply with the constant legal provisions

of this Act and its regulations, as well as the regulatory standards of any

nature concerning the possession of weapons in the interior of public buildings, and the indications of the

competent authorities concerning the detention, custody, transport, use and possession of the

Same.

2-The carriers of arms are, inter alia, obliged to:

a) Present the weapons, as well as the respective documentation, whenever

requested by the competent authorities;

b) Declare, immediately and by any means, to the police authorities the extravio,

theft or theft of the weapons, as well as the extravio, theft, or destruction of the

manifest booklet or the license of use and possession of a weapon;

c) Not displaying or wielding weapons without there being manifest justification for such;

88

d) Fire up weapons solely in careers or shooting fields or in the exercise of

venatory acts, acts of kinetic management, activities of a venatory nature,

particularly hunting training in specific areas for the purpose, in evidence

sports or recreational practices in private rustic properties in

conditions of safety for the purpose;

e) Communicate immediately to the police authorities situations in which they have resorted

to arms by circumstances of personal defence or property;

f) Communicating to the police authorities any type of accident occurred;

g) Not lending or ceding the weapons, to any title, out of the circumstances

provided for in this Law;

h) Giving a use of the weapons according to the justification of the claim stated

at the time of its licensing;

i) Keep valid and effective the insurance contract relating to your civil liability,

when this is required under this Act.

Article 40.

Safety of arms

The carriers of arms are permanently responsible for the safety of them, in the

home or outside of it, and must take all necessary precautions to prevent your

stray, theft, or theft, as well as the occurrence of accidents.

SECTION II

Use of firearms, electrical and aerosol defence aerosols

Article 41.

Use, porting and transport

89

1-The use, porting and transportation of firearms should be especially disciplined and

follow strictly the rules and procedures of security.

2-A short firearm must be pored in safe conditions, in holster or

own case for your waybill, with safety device, which prevents your downfall

voluntary, stray or theft, without any ammunition introduced in the chamber of

explosion of the same, with the exception of revolvers.

3-A short or long firearm must be transported in a separate manner from the

respective ammunition, with trigger padlock or mechanism that makes it impossible for your

use or disassembled in such a way that it is not easily usable, in bag or case

suitable for the model in question, with appropriate conditions of safety.

4-The possession of a firearm, electric weapons, defence aerosols and ammunition in the areas

security restricted from airports and on board an aircraft lacks authorization

of the competent authority, being its transport on board of aircraft, as cargo,

subject to the provisions of the International Civil Aviation Convention.

Article 42.

Use of firearms

1-An exceptional use of firearm is deemed to be used in its actual use in the following

circumstances:

a) As a last means of defence, to make a cessation or reel in a current aggression and

illicit directed against one's own or third parties, when there is imminent danger of

death or serious offense to physical integrity and when that defense can't be

guaranteed by agents of the authority of the State, owing the firing to be preceded

of verbal warning or warning shot and in no case may

target lethal zone of the human body;

b) As a last means of defence, to make a cessation or reel in a current aggression and

90

illicit directed against the heritage of the own or the third party and when such defence

cannot be guaranteed by agents of the authority of the State, and the firing

be exclusively warning.

2-An unexceptional use of firearm is deemed to be:

a) The exercise of sports practice or venatory acts, acts of management

kinetics and venomal character activities, namely hunting training in

specific areas for the purpose;

b) As a means of alarm or distress call, in an emergency situation,

when other means may not be used for the same purpose;

c) As a means of repelling an imminent or running aggression, perpetrated by

animal likely to cause danger to life or physical integrity of the own or of

third parties, when such a defense cannot be guaranteed otherwise.

Article 43.

Safety at home

1-The holder who physically separating himself from the firearm shall place it in the interior of a

safe or non-portable safety locker, whenever required and with padlock or

mechanism that makes it impossible to use the same.

2-The safe or cupboard referred to in the previous number can be replaced by house-fort

or fortified.

Article 44.

Electric guns, defense aerosols and other reduced lethality weapons

1-The use of electric weapon, defense aerosols and other non-lethal weapons must be preceded

of explicit warning as to its nature and intention of its use, applying, with

the due adaptations, the limitations set out in Article 42.

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2-These weapons or devices must be carried on their own bag for the purpose,

with the security device actuated, and be stored in the domicile in place

insurance.

SECTION III

Prohibition of use and possession of a weapon

Article 45.

Ingestion of alcoholic beverages or other substances

1-Is prohibited from detention or possession of a weapon under the influence of alcohol or other

narcotic or psychotropic substances, being the bearer of a weapon, by order of

competent police authority, thank you, under penalty of incurrymistaking in crime of

qualified disobedience, to submit to evidence for their detection.

2-Understand to be under the effect of alcohol who presents a blood alcohol rate

equal to or greater than 0.50 g/l.

3-The evidence referred to in paragraph 1 comprises examinations of alcohol research in the expired air,

analysis of blood and other appropriate medical examinations.

Article 46.

Surveillance

1-The exam for alcohol research in the expired air is carried out by any authority or

agent of authority, upon recourse to approved apparatus.

2-Where the result of the examination is positive, the agent of authority shall notify the

examined in writing of the respective result and sanctions arising therefrom and still from the

possibility of this immediately requiring the realization of contrapproves by analysis of the

blood.

3-If the suspicion is to report to the existence of narcotic substances or others, the examination is

made by blood analysis or other medical examinations, the suspect being given

92

conducted by the agent of authority to the nearest health establishment endowed

of means that allow them to be carried out.

4-A collection of the blood for the purpose of the previous figures must take place on time

maximum of two hours and is carried out in official health establishment or, in the case of

contrapproves of examination that has already consisted of blood analysis, in another establishment of

health, public or private, indicated by the examined, provided that it is located and

time of operation allow for your efection within the said period.

5-For the purpose of the surveillance provided for in this article, law enforcement authorities may use

apparatus and other means type-approved under the Road Code and legislation

complement.

CHAPTER V

Armeiros

SECTION I

Types of alvaras, their attribution and cassation

Article 47.

Concession of alvarás

By order of the national director of the PSP, alvarás de armeiro can be granted for the

exercise of the activity of manufacture, purchase and sale or repair of weapons of classes B, B1,

C, D, E, F and G and their ammunition, for céic or cinematic effects and for sale and

auction of weapons when destined for the collection.

Article 48.

Types of alvaras

1-Taking into consideration the intended activity and the conditions of safety of the

facilities, the following types of alvaras are assigned:

a) Type 1 armeiro alvshall for the manufacture, assembly and repair of weapons of

93

firearms and their ammunition;

b) Type 2 armeiro alvshall, for the purchase and sale and repair of weapons of the

classes B, B1, C, D, E, F and G and their ammunition;

c) Type 3 armeiro alvshall, for the purchase and sale and repair of weapons of the

classes E, F and G and their ammunition.

d) Type 4 armeiro alvshall for both famous and cinematic effects;

e) Type 5 armeiro alvshall for sale and auction of weapons intended for collection.

2-Alvarás may be required by whom to gather, cumulatively, the following

conditions:

a) Be more than 18 years old;

b) Find yourself in full use of all civil rights;

c) Be it idoneo;

d) Be holder of the certificate of approval for the exercise of the activity of

armeiro or, dealing with a legal person, posits a technical officer who

fill in the requirements of the points a) a and );

e) Be a medical certificate holder;

f) Be possessor of properly licensed commercial or industrial facilities and

that they observe the safety conditions set for intended activity.

3-When the applicant is a legal person, the requirements mentioned in points (s)

a) , b) , c ) and e) of the previous number have to be checked in respect of all the partners and

managers or the five largest shareholders or administrators, as per the cases.

4-A The suitability of the suitability of the applicant is made pursuant to the provisions of the n. paragraphs 2 and 3

of Article 14 para.

5-Armeiro's alvwill is granted for a period of five years, renewable, by staying the

its conditioned renewal to the verification of the conditions required for its concession,

not however required the certificate provided for in paragraph d) of paragraph 2.

94

6-Armeiro alvshall is granted only after verified the safety conditions

of the facilities, as well as of the proven capacity that the applicants possess

for the exercise of the activity, and PSP may, to the effect, request to appear at

associations of the class.

7-The requirements set out in paragraph 2 are for mandatory verification for natural persons

or legal originate from member states of the European Union or countries

third parties.

8-For the effects provided for in the preceding paragraph, may the National PSP Directorate

proceed with the equiparation of certifications issued by third States for the financial year

of the armeiro activity to which it corresponds alvshall of type 1, without prejudice to the

applicability of any treaties or agreements of which Portugal is, in the present

domain, part celebrant or adherent.

9-To the elements of the security forces and services and the Armed Forces, when in the

active, the exercise of the activity of armeiro is interstated.

10-Armeiro alvshall holders can only carry out their activity in

establishments licensed for the purpose, in accordance with the rules of safety

defined, by cinging their activity to the weapons, ammunition and equipment provided for in the

present law.

Article 49.

Ceding of the alvwill

The heirloom of armeiro can only be ceded to the natural or legal person who assemble equal

conditions to those of your holder for the exercise of the activity, staying their ceding

dependent on permission of the national director of the PSP.

Article 50.

Cassation of the alvshall

1-The national director of the PSP may determine the cassation of the harbard of armeiro in the

following cases:

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a) Failure to comply with the legal provisions set for the practice of the activity;

b) Alteration of the assumptions on which the concession of the alvshall was based;

c) For reasons of safety and public order.

2-A cassation of the alvée is preceded by a process of inquiry, instructed by PSP with

all documents reaching the grounds of the cassation relating to the infringement and with

other elements that prove necessary.

3-The armeiro to whom it is cassed the alvshall shall terminate the installation within forty

and eight hours after the notification of the decision, under penalty of incurrention in crime of

qualified disobedience, without prejudice to the PSP opting for another procedure,

particularly the immediate closure and preventive sealing of the premises.

Article 50-A

Electronic commerce

The electronic trade in arms and their ammunition, materials and equipment, licensed

under the present legal regime is prohibited.

SECTION II

Obligations of the archers, records and maps

Article 51.

Special obligations of armors as to the activity

1-The holders of alvshall of armeiro, in addition to other obligations arising from the

present law, are, especially, obligated to:

a) Carry out the activity in accordance with your alvshall and with the legal standards;

b) Keep up to date the mandatory records;

c) Send to PSP copy of the mandatory registrations;

d) Observe strictly all the safety standards to which it is subject to activity;

e) To provide the PSP's supervisory services, where by these requested, the

96

access to the arms and ammunition records, as well as the conference of arms and

ammunition in existence;

f) Present the weapons transferred from another member state, as well as the respective

documentation, whenever requested by the competent authorities.

2-The armeers are especially obliged to record the following acts on a daily basis:

a) Import, export and transfer of arms;

b) Import, export and transfer of ammunition;

c) Purchase of weapons;

d) Sale of arms;

e) Purchase and sale of ammunition;

f) Manufacturing and assembly of weapons;

g) Repair of weapons;

h) Stocks of arms and ammunition.

3-In each of the records referred to in the items in the preceding paragraph are scripted,

separately, the weapons and ammunition by classes, indicating their manufacturer, number,

model, caliber, date and entity with whom the transaction was carried out, respective licence

or alvshall, as well as the number of the purchase authorization, when required.

4-Records are carried out in books or informatics support and must exist in all

the places of manufacture, purchase and sale or repair of weapons and their ammunition.

5-In the warehouses that the armeiro posits is only obligatory the registration referred to in paragraph (h) of the

n. 2.

6-The armeiro refers to the PSP, up to the day 5 of each month, a copy of the mandatory registrations.

7-Records must be kept for a period of 20 years.

Article 52.

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Special obligations of the armeers in the sale to the public

1-A The sale to the public of firearms and their ammunition can only be carried out by

suitably qualified people for the purpose, with mastery of the Portuguese language.

2-It is up to the armeers or their workers to verify the identity of the buyer, the

existence of the enabling licences, confirm and explain the characteristics and effects of the

weapon and ammunition sold, as well as the applicable safety rules.

3-The armeiro and its workers must refuse the sale of weapon or ammunition always

that the buyer presents notorious signs of drunkenness, psychic disturbance,

consumption of narcotic drugs or ingestion of any substance affecting you the

behavior.

SECTION III

Obligations of armeers in the manufacture, assembly and repair of arms

Article 53.

Brand of origin

1-The alvshall holder of type 1 is obliged to record in the weapons by him produced his

name or brand, model, country of origin, the year and the serial number of manufacture and the

present, then the same to the PSP for examination purposes.

2-Firearms produced in Portugal must have inscribed a puncture of origin and

a trade mark affixed by an official evidence bank recognized by dispatch of the

Minister of the Internal Administration.

Article 54.

Manifest of weapons

The manifest of the weapons manufactured or assembled is always done in favour of the armeers

enabled with alvars of type 2 or 3.

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Article 55.

Special obligations of armors in the repair of firearms

1-It is prohibited to repair firearms that are not properly manifested and

accompanied by the respective manifest booklets or document that replaces them.

2-When the repair of weapons can result in elimination of serial number of manufacturing

or alteration of their characteristics, must the weapons be, in advance, examined and

marked by PSP.

3-Farms without serial number of manufacturing shall be subject to the examination and marking provided for

in the previous number.

4-For the purpose of higher sporting fitness may be authorised by the national director

of PSP changes in the weapons exclusively used in that activity, being

mandatory the averaging to the respective manifest.

CHAPTER VI

Careers and shooting fields

SECTION I

Practice of shooting

Article 56.

Places allowed

1-It is only allowed to carry out gunfire with firearms in careers and shooting fields

duly authorized or in the exercise of venatory acts, acts of kineegetic management

and venomatory activities, namely hunting training in specific areas

for the purpose, in sports evidence and in recreational practices in rustic properties

toilets with safety conditions for the purpose.

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2-Stay excluded from the scope of this law the careers and fields of shooting for military use

or police, whether or not they are affected to the practice of sporting shooting.

SECTION II

Allotment of alvarás, its ceding and cassation

Article 57.

Competence

1-The licensing of the careers and shooting fields depends on alvation granted by the

national director of PSP.

2-A creation of careers and shooting fields in rustic properties, with suitable area

for the purpose, for restricted use of the owner, depends on leave granted by the PSP.

3-Ficam excluded from the provisions of paragraph 1 the careers and shooting fields of the initiative of the

Institute of the Sport of Portugal, provided that the conditions of

security.

Article 58.

Concession of alvarás

Natural or legal persons who wish to install careers or shooting fields

shall apply to the national director of the PSP for the assignment of the respective alvshall and

licensing of the site, observing, in the applicable part, the provisions of paragraphs 2 and the following

of Article 48 para.

Article 59.

Ceding and cassation of the alvshall

They are applicable to the ceding and cassation of the alvarás for the exploration and management of careers and

fields of shooting the provisions set out in Articles 49 and 50.

CHAPTER VII

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Import, export, transfer and European firearm card

SECTION I

Import and export of arms and ammunition

Article 60.

Prior authorization to import and export

1-A The import and export of weapons, essential parts of firearms, ammunition and

its components, cartridges and their components or casings, casings with

fulminants or only fulminants and too much accessories and parts are subject to preview

authorization of the national director of the PSP.

2-A authorisation may be granted:

a) To the holder of the shoulder strand, in accordance with the activity carried out;

b) To the licence holder B, or exempt under the law, for firearms of the class

B;

c) To the licence holder B1, C, D, E or F, for weapons of the class permitted by the

respective license.

3-In each year only permission to import a weapon to the holders is granted

of licences B, B1, C, D, E and F, or that of them are exempt.

4-National citizens returned from third countries after no more than one year

and foreigners from those countries wishing to set up residence in territory

national may be allowed to import their weapons from classes B, B1, C, D, E, F

or G and their ammunition, however, but subject to the proof of the respective licence of

use and possession or detention.

5-A authorisation provided for in the preceding paragraph may, in cases duly

grounded, be granted, by the national director of the PSP, to nationals returned

of third countries before one year has elapsed.

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6-The application, accompanied by the final user certificate when the weapon is

destine to export, indicates the type, the brand, the model, the caliber, the serial number of

manufacturing, too many characteristics of the weapon and the indication of the weapon having been subjected to the

compliance control.

7-Previously to the granting of the export permit to PSP requests the Ministry of

Foreign Affairs Opinion pertaining to compliance by the country of destination of the

criteria set out in the European Union Code of Conduct on export of

weapons.

8-The opinion provided for in the preceding paragraph shall be binding and sent to PSP within 10

days after the request.

9-Only approved weapons approved by dispatch of the Domestic Territory can be admitted into national territory

national director PSP.

Article 61.

Procedure for the granting of the prior authorization

1-From the application of the import permit must appear in the number and the date of the

alvances, the licence of the applicants, the description of the articles to be imported, their provenance,

characteristics and quantities, the name of the manufacturers and resellers, as well as the

indication that the weapons have been subject to compliance control.

2-A authorisation is valid for the term of 180 days, extended by a single period of 30

days.

3-A authorisation is provisional, converting to final after peritage to be carried out

by PSP.

4-The provisions of the preceding paragraphs shall apply, with due adaptations, to

export permit whenever the national director of PSP considers it

necessary.

Article 62.

Prior authorization for import and temporary export

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1-The national director of PSP may issue prior authorization for the import or

temporary export of weapons destined for venatory practice, sports competitions

or collectors ' fairs, recognized by their respective federations or associations, the

application by its owners or the bodies that promote those

initiatives,

2-The national director of PSP may also issue prior authorization for the import

or temporary export of weapons and ammunition aimed at integrating showcase and

demonstrations, at the request of commercial agents and representatives of national factories

or foreign, duly accredited by PSP.

3-From the authorization are the type, the mark, the model, the caliber, the serial number of

manufacturing and too many characteristics of the weapon and its quantities, the term of stay or

absence of the Country, as well as, where appropriate, the safety rules to be observed.

4-[ Revoked ].

Article 63.

Peritage

1-A peritage takes place within a maximum period of five days after your request and

is intended to check whether the articles declared for import, and if any for

export, are in accordance with that provided for in this Law.

2-A peritage may only be carried out after the importer or exporter provides the

data that has not been submitted by the manufacturer at the time of the request for

prior authorization, relating to weapons, to the essential parts of firearms, to the

ammunition, cartridges or casings with fulminants or only fulminants.

3-A opening of the volumes with weapons, essential parts, ammunition, invodyons with

fulminants or only fulminants can only be carried out at the customs offices in the

presence of PSP expert, upon presentation of the customs declaration

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accompanied by all the required documents, ready for verification.

4-A The expertise referred to in the preceding paragraph shall be made jointly with the Directorate-

General of Armament and Defense Equipment whenever it deals with weapons,

ammunition or accessories whose dual, civil and military characteristic will make them frictionable in the

the following standards of Article 3 para.

a) Points. a) a c ), q) and r) of paragraph 2;

b) No. 3;

c) Points. a) a c) of paragraph 5, only with respect to semi-automatic weapons and

repetition;

d) Point a) of paragraph 6, only as to semi-automatic weapons.

5-When, following the period of the expert referred to in the preceding paragraph, the weapons, ammunition and

accessories are classified as mistakable with military weaponry, the process

of allocation of the authorisations for import, export, transfer, transit and

transshipment is shut down, the weapons are returned to the origin and the respective process of

international notification follows the provisions of the applicable own legislation, within the framework of the

Ministry of National Defence.

Article 64.

Customs procedures

1-A The import and export of weapons, essential parts of firearms, ammunition and

its components, cartridges and their components, casings with fulminants or only

fulminants and too much accessories and parts carry out in the customs offices of

Lisbon, Porto, Faro, Ponta Delgada and Funchal of the Directorate General of Customs and of the

Special Taxes on Consumption.

2-A customs declaration of import or export depends on the presentation of the

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import or export authorisation granted by PSP and process with

observance of the applicable customs regulations, without prejudice to the provisions of the

present law.

3-A import permit is filed in the customs instance of processing the

customs declaration.

4-A customs declaration of import or export is communicated to PSP in the 15

days following the respective ultimation.

Article 65.

Non-regularization of the customs situation

1-In the absence of prior authorization of import or export, the weapons,

ammunition and essential parts of firearms, casing casing with fulminants or only

fulminants stay deposited in place to be determined by PSP or the head of the

customs office, if this meets appropriate security conditions, the

owner notified that the weapons and ammunition or other articles will be lost to

favour to the State if it is not regularised to its situation within 180 days.

2-For the purpose of declaration of loss in favour of the State or for auction, the offices

customs lavram auto from delivery to PSP of the articles originating in third countries

indicating the tariff classification and the rate of community and other own resources

impositions due on importation under the terms of the Community and National Law.

3-The importances to be charged for the title of community and other own resources

impositions due on importation, even if the articles have a destination that does not

be the sale, are remitted to DGAIEC.

Article 66.

Dispatch of weapons to diplomats and escorts of official missions

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1-A entry into the national territory and the exit of this from firearms and ammunition from the

missions accredited to the Portuguese State, or others of a diplomatic nature

contemplated by agreements between the states, are dispensed with formalities

customs.

2-A entry and circulation in national territory and the outflow of this from firearms and

ammunition for use, porting and transport by elements of forces and security services

from other states, on official mission in Portugal or in transit from or to countries

third parties, lack the permission of the national director of PSP, being exempted from

customs formalities.

SECTION II

Transfer

Article 67.

Transfer from Portugal to member states

1-A dispatch or transfer of weapons, essential parts of firearms and their

components, ammunition and cartridges and their components or casings, casings

with fulminants or just fulminants and too much accessories and parts from Portugal for the

Member states of the European Union depend on authorization, in the terms of the

following numbers.

2-The requirement to apply for permission is addressed to the national director of the PSP and must

contain:

a) The identity of the buyer or transferee;

b) The name and nicknames, the date and place of birth, the residence and the number of the

identification document, as well as the date of issue and indication of the

authority that has issued the documents, treating itself as a natural person;

c) The denomination and the registered office, as well as the identification elements referred to

in the previous paragraph with respect to their representative, dealing with a person

collective;

d) The address of the place to where they are sent or carried the weapons;

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e) The number of weapons that integrate the sending or the transport;

f) The type, the brand, the model, the caliber, the serial number of manufacture and too much

characteristics of the weapon, as well as the indication of the weapons having been subject to the

control of compliance;

g) The means of transfer;

h) The date of exit and the estimated date of the arrival of the weapons.

3-The application to which the preceding paragraph is referred shall be accompanied by the agreement

advance issued by the member state of the destination of the weapons, when required.

4-A PSP verifies the conditions under which the transfer is carried out with the purpose of

determining whether to guarantee the safety conditions of the same.

5-Complied with the requirements of the previous figures, a permit is issued

transfer, by dispatch of the national director of PSP, from where they build all the

data required in paragraph 2 of this Article.

6-A The transfer permit must accompany the weapon or weapons to the point of

destination and must be submitted, whenever requested, to the authorities of the States

members of the European Union of transit or destination.

Article 68.

Transfer of the member states to Portugal

1-A admission or entry and the circulation of weapons, essential parts of firearms and their

components, ammunition and cartridges and their components or casings, casings with

fulminants or just fulminants and too many accessories and parts proceeded from others

States.

2-A permission is granted by dispatch of the national director of PSP, observed the

provisions of this Law, upon application by the person concerned, instructed with the

elements referred to in the paragraph f) of paragraph 2 of the previous article.

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3-The weapons entering or circulating in Portugal must be accompanied by the

authorization dispatched by the competent authorities of the country of provenance.

4-Complied the requirements of the previous figures and after verification by PSP expert

of the characteristics of the weapons, essential parts of firearms and their ammunition,

wraps with fulminant or only fulminant from where they build the referred elements

in paragraph 2 of the preceding Article, a definitive transfer permit is issued, by

dispatch of the national director of the PSP.

5-For reasons of internal security, the Minister of the Internal Administration may authorize the

transfer of arms to Portugal with exemption from the formalities provided for in the

previous figures, and they shall communicate the list of the weapons subject of exemption to the

authorities of the remaining member states of the European Union.

6-Only approved weapons approved by dispatch of the Domestic Territory can be admitted into national territory

national director of PSP.

Article 68-The

Temporary transfer

1-The national director of the PSP may authorize the temporary transfer of

weapons aimed at venatory practices, sports competitions or fairs of

collectors, recognized by their respective federations or associations, the

application by its owners or the bodies that promote such

initiatives.

2-The national director of the PSP may also issue prior authorization for the

temporary transfer of weapons and ammunition aimed at integrating showcase and

demonstrations, at the request of commercial agents and representatives of factories

national or foreign, duly accredited by PSP.

3-From the authorization are the type, the mark, the model, the caliber, the serial number of

manufacturing and too many characteristics of the weapon and its quantities, the term of stay or

absence of the country, as well as the rules of safety to be observed.

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4-A The authorization provided for in paragraph 1 is waived from holders of the European gun card

of fire, provided that in it are averaged the transferred weapons.

Article 69.

Communications

1-A PSP sends all relevant information that it has on transfers

definitive arms to the corresponding authorities of the member states of the Union

European to where the transfer is carried out.

2-Whenever the Portuguese State is bound by agreement or international treaty to the

notification of third countries concerning the export of arms, PSP makes the

communications necessary to the entity that pursuant to the assumed obligations is

competent for the purpose.

SECTION III

European firearm card

Article 70.

European firearm card

1-The European firearm card is the document that empowers its holder to hold

one or more firearms in any member state of the European Union since

which authorized by the member state of destination.

2-The European firearm card is granted by the national director of the PSP and is

valid for the period of five years, extended by equal periods, provided that

check the requirements that led to their issuance.

3-The applications for granting the European firearm card are instructed with the

following documents:

a) Application to apply for the granting of where the complete identification of the

applicant, namely marital status, age, profession, naturalness,

nationality and domicile;

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b ) Two photographs of the applicant in colour and in a type pass size;

c) Copy of the license or licenses of use and possession of firearms or proof of your

exemption;

d) Copy of the arms manifest booklets that you intend to avert;

e) Copy of the identity card or passport.

4-The national director of PSP may determine at all time the seizure of the card

European firearm for security grounds and public order of special relief.

5-Are averaged the weapons owned by the applicant, as well as their extravio or

shoplifting.

Article 71.

Visas

1-A The authorisation referred to in paragraph 1 of the preceding Article shall be the form of a prior visa and shall

be required to PSP when Portugal is the State of destination.

2-The prior visa referred to in the preceding paragraph shall not be required for the exercise of

venatory or sporting practice, provided that the reason for the displacement is proven,

in particular, by the submission of an invitation or other document which

prove the practice of hunting or sports shooting activities in the Member State of

destination.

CHAPTER VIII

Manifest

SECTION I

Marking and registration

Article 72.

Competence

It is incumbent on PSP to organise and maintain the enrollment and surveillance of weapons

110

classified in Article 3 and its ammunition.

Article 73.

Manifest

1-The manifest of the weapons of classes B, B1, C and D and those provided for in paragraph 1 c) of paragraph 7 of the

article 3 it is obligatory, results from its import, transfer, manufacture, presentation

voluntary or acquisition and is in function of the respective characteristics, classifying-

as in accordance with the provisions of Article 3.

2-A each weapon manifested corresponds to a manifest booklet, to be issued by the PSP.

3-A The issuance of the booklet is conditional on the realization of a test shot, in the terms

provided for in own legislation.

4-From the manifest booklet appears the number and date of issue, class of the weapon, brand,

caliber, number of manufacture, number of pipes and identification of its owner.

5-In case of stray or unutilisation of the booklet, a second route is granted after

organized the respective justifying process.

Article 74.

Numbering and marking

1-The weapons that are not marked with the serial number of manufacture, name or

brand and origin, caliber and model cannot be admitted into national territory.

2-The weapons that are not marked with the serial number of manufacture, name or

brand and origin, caliber and model, already find themselves on national territory and have

been acquired by succession mortis cause or as the object of collection are numbered,

marked and subjected to puncture by PSP.

3-Being weapons of collection, the marking shall be carried out in such a way as not to decrease the

its value.

4-The munitions produced, marketed and used in Portugal have to be

marked, in such a way as to identify the manufacturer, the lot identification number, the

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caliber and the type of ammunition, in accordance with the rules to be established by

dispatch of the national director of the PSP.

Article 75.

Facts subject to registration

1-The extravio, theft, theft and transmission of weapons become subject to registration in PSP.

2-The weapons that are unusable by complete are delivered in the PSP with the respective booklet

of manifest and book of ammunition registration, if you have it.

CHAPTER IX

Common provisions

Article 76.

Exercise of the activity of armeiro and career management and shooting fields

1-A the constitution of legal persons in the form of anonymous society whose object

social consist, in whole or in part, in the exercise of the activity of armeiro or in the

exploration and management of careers and shooting fields requires that all actions

representative of your social capital are nominative.

2-Irrespective of the type of legal person whose social object consisted, total or

partially, in the exercise of the activity of armeiro or of the exploration and management of

careers and shooting fields, any transmission of your social shareholdings should be

always authorised by the national director of PSP, being required by the new holder to

verification of the legal requirements for the exercise of the activity.

Article 77.

Civil liability and compulsory insurance

1-The holders of licences and alvaras provided for in this Law or those to whom the

respective organic law or professional status assigns or dispensation of the permit to use and

weapon size are civilly responsible, regardless of your fault, for damage

112

caused to third parties as a result of the use of the firearms they detain or

of the exercise of its activity.

2-A gross violation of standard of conduct concerning the guard and transport of the weapons of

fire always determines the sympathetic accountability of its owner for the damage

caused to third parties by the use, legitimate or not, that the same comes to be given.

3-With the exception of holders of licences E or special leave, when the weapon is not

of your property, is compulsory the conclusion of liability insurance contract

civil with insurer company upon which it is transferred its responsibility until

a minimum capital to be defined in joint office of the Ministers of Finance and the

Internal Administration.

4-A conclusion of contract of civil liability insurance for the practice of acts

venatories not waiving the contract referred to in the preceding paragraph, except if the policy

respective to contemplate.

5-If the insured person is the holder of more than one licence is only obliged to a single insurance of

civil liability.

6-The holders of licences and alvaras provided for in this Law or those to whom the

their respective organic law or professional status assigned or waiving the permit for use and

weapon size, shall make proof, at any time and in the seat of supervision, of the

existence of valid insurance.

Article 78.

Weapons declared lost in favour of the state

Without prejudice to the provisions of special legislation, all weapons declared lost in favour

of the State are handed over to the PSP guard, who will promote his fate.

Article 79.

Auctions of weapons seized

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1-Anually, the National PSP Directorate organises at least one sale at auction

of the weapons that have been declared lost in favour of the State, seized or

found and that they find themselves in a position to be placed in the trade.

2-Can bid in arms auctions:

a) The legally exempt from license to use and possession of a weapon;

b) The licence holders of use and possession of a weapon suitable to the class of the part at auction,

provided that they fulfil the legally required conditions for detention of the weapon in

cause;

c) Armeiros holders of alvarás of types 2 and 3, depending on the class of parts

present the auction;

d) Collectors 'licence holders and collectors' associations with

museum, running the process of issuing the purchase authorization later

to the bidding, if necessary.

3-Under requisition of the National Directorate of PSP or the public entities responsible for

labs of scientific and ballistic expertise, can be removed from any arms sale

with scientific interest for the study and research, sensing them free of charge.

4-The rules of operation, obligations, concession requirements and the fees to be charged

by the issuance of the armeiro type 4 and 5 alvaras are established by the Minister's porterie

of the Internal Administration.

Article 80.

Weapons seized

1-All weapons seized to the order of criminal prosecutions stay on availability

of the judicial authority until final decision that on the same recair.

2-The weapons are deposited in the premises of the PSP, the Republican National Guard, or

military unit that better guarantees its safety and availability in all phases

of the proceedings, without prejudice to the provisions of special legislation applicable to the organs of

criminal police.

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3-Only weapons will be deposited in Republican National Guard facilities if

in the area of the court that ordered the seizure not to operate the PSP.

4-Exceptionally, attentive to the nature of the weapon and its dangerousness, can the judge order

their deposit in military unit, with safety conditions for the effect, after

indication from the Ministry of National Defence.

5-Compete à PSP, maintain, organize and make available a national informatics file of

weapons learned, proceed to their statistical and technical analysis and disseminate information to

national and foreign entities.

6-All entities that proceed to the seizure of firearms, independently

of the reason that determined the seizure, they communicate their apprehension to the PSP, to

effects of centralization and handling of information, according to the rules a

establish by dispatch of the competent Government members.

Article 81.

Advertising

Advertisements to weapons, their characteristics and skills are not permitted, except in

publications of the specialty, arms fairs, hunting fairs, shooting sports evidence and,

relatively to long guns, agricultural fairs.

Article 82.

Mandatory delivery of weapon found

1-Whoever finds a firearm is bound to immediately deliver the same to the authorities

police officers, upon receipt of delivery.

2-With delivery must be laundered term of justification of the possession, containing all the

circumstances of time and place in which the find occurred.

3-All weapons delivered shall be the subject of analysis and ballistic expertise, to be carried out by the

competent department of the Judicial Police.

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4-The find, as soon as made available by the authorities, if it is susceptible to trade,

will be the subject of sale at auction, reversing the proceeds from the sale to the achador.

Article 83.

Fees due

1-A submission of applications, the granting of licences and alvargas, and their

renovations, of permits, the realization of surveys and examinations, the manifestos and all the

acts subject to dispatch, provided for in this Law, are dependent on payment

on the part of the person concerned of a value fee to be fixed by the minister's porterie who tutele

the internal administration, subject to annual update, taking into account the average index of

prices with the officially published consumer and regarding the year immediately

previous.

2-The provisions of this Law shall be without prejudice to the exemptions provided for in the Act.

3-The product of the fees provided for in paragraph 1 reverses in favour of PSP.

4-For the purposes of the provisions of paragraph 1, electronic means of

payment, under the conditions and deadlines set out in the regulatory legislation of the present

law.

5-A lack of voluntary payment of the amounts due pursuant to paragraph 1 determines the

automatic suspension of the whole and any authorisation provided for in this Law.

Article 84.

Delegation of competences

1-The competences conferred in this Act to the national director of PSP may be

delegated and subdelegated under the law.

2-Compete to the national director of PSP the issuance of technical instructions aimed at

establish operative procedures in the framework of the legal regime of arms and

ammunition.

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Article 85.

Exemption

The provisions of this Law with respect to the certificate of approval for the use and possession of

firearms is not applicable to applicants who, by their professional experience in the breast

of the Armed Forces and the security forces and services, have acquired instruction

own in the use and manhandling of firearms that is deemed to be appropriate and quite in

certificate to be issued by the competent command or direction, pursuant to the legislation

regulation of this Law.

CHAPTER X

Criminal and counterordinate liability

SECTION I

Criminal liability and crimes of common danger

Article 86.

Detention of prohibited weapon and crime committed with weapon

1-Who, without finding authorized, outside the legal conditions or otherwise

requirements of the competent authority, detain, transport, import, transfer,

buy, acquire any title or by any means or obtains by manufacture,

processing, importing, transferring or exporting, using or bringing with you:

a) Equipment, military means and material of war, biological weapon, chemical weapon,

radioactive weapon or capable of nuclear explosion, automatic firearm,

explosive civilian, explosive device or improvised arsonist is punishable

of imprisonment from 2 a to 8 years;

b) Products or substances that are intended or may be intended, in whole or in part,

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to be used for the development, production, handling,

actioning, maintenance, storage or proliferation of biological weapons,

chemical weapons or radioactive weapons or capable of explosion, or for the

development, production, maintenance or storage of ingeners

liable to carry these weapons, is punished with imprisonment of 2 a to 5 years;

c) Weapon of classes B, B1, C and D, shotgun or carabine easily dismountable in

components of reduced size with a view to their dissimulation, shotgun no

modified soulful soulless pipe less than 46 cm, concealed firearm under the

form of another object, or weapon of fire turned or modified, is punished

with a prison sentence of 1 a to 5 years or with penalty of a fine of up to 600 days;

d) Class E weapon, dissimulated white weapon in the form of another object, knife of

automatic opening, stylus, butterfly knife, pitch knife, star of launching,

boxers, other white weapons or contraptions or instruments without defined application

that can be used as a weapon of aggression and your porter does not justify your

possession, defence aerosols not listed in point (s) a) of paragraph 7 to Article 3, weapons

gas launchers, electric baton, electric weapons not listed in point b) from the

n Article 3 (7), any engineers or instruments constructed exclusively

with the end of being used as a weapon of aggression, silencer, essential parts

of the firearm, ammunition, as well as ammunition with the respective projectiles

expansive, puncture, explosives or arsonists, is punishable with imprisonment

up to 4 years or with penalty of fine up to 480 days.

2-A unregistered or manifested weapon detention, when mandatory, constitutes, for

effects of the previous number, arrest of weapon outside of legal conditions.

3-The penalties applicable to crimes committed with a weapon are aggravated by a third in their

minimum and maximum limits, except if the possession or use of a weapon is element of the

their respective type of crime or the law already prevents higher aggravation for the crime, in

function of the use or possession of a weapon.

4-For the purposes set out in the preceding paragraph, the crime shall be deemed to be committed with

weapon when any comparticipant brings, at the time of the crime, apparent weapon or

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hidden provided for in points a) a d) of paragraph 1, even if you find yourself authorized or within

of the legal conditions or prescriptions of the competent authority.

5-Under no circumstances can the maximum limit of 25 years of the prison sentence be exceeded.

Article 87.

Trafficking and mediation of arms

1-Who, without finding authorized, outside the legal conditions or otherwise

requirements of the competent authority, sell, give in to any title or by any

means to distribute, mediate a transaction or, with the intention of transmitting their detention,

possession or property, adopt some of the behaviours provided for in the article

previous, involving any equipment, military means and warfare material,

weapons, resourcefulness, instruments, mechanisms, ammunition, substances or products therein

referred to, is punished with a sentence of 2 a to 10 years in prison.

2-A The sentence referred to in paragraph 1 is 4 a to 12 years in prison if:

a) The agent is an employee entrusted with the prevention or repression of some of the

illicit activities provided for in this diploma; or

b ) That thing or things are intended, with the knowledge of the agent, to groups,

organizations or criminal associations; or

c) The agent makes those conduits way of life.

3-A penalty may be specially mitigated or not take place your punishment if the agent

voluntarily abandon their activity, ward off or make a decrease

considerably the danger by it provoked, stop the result that the law wants

avoid whether to check or assist concretely in the collection of the decisive evidence for the

identification or the capture of others responsible.

Article 88.

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Use and possession of a weapon under the effect of alcohol and narcotic substances or

psychotropic

1-Who, at least for negligence, detain, carry, use or pore gun with a

alcohol rate in blood equal to or greater than 1.2 g/l is punish-punished by 1

year or with penalty of fine up to 360 days.

2-On the same penalty incurs who, at least for negligence, detains, transporting, using or

pore gun not being in a position to do it safely, for finding under the

influence of narcotic or psychotropic substances or products with effect

analogous analogues of physical fitness, mental or psychological fitness.

Article 89.

Detention of weapons and other devices, products or substances in places

prohibited

Who, without being specifically authorized by legitimate reason of service or by

legally competent authority, transport, detain, use, distribute or be holder, in

sporting or religious enclosures, in an exclusion zone, in establishments or places

where to decorate civic or political demonstration, as well as in establishments or places of

fun, fairs and markets, any of the weapons provided for in Article 2 (1), as well as

any ammunition, ingeners, instruments, mechanisms, products or substances

referred to in Article 86, is punished with imprisonment up to 5 years or with penalty of a fine of up to

600 days, if the more serious penalty does not fit him by force of another legal provision.

SECTION II

Accessory feathers and safety measures

Article 90.

Interdiction of detention, use and possession of weapons

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1-It may incur the temporary interdiction of detention, use and possession of a weapon or weapons

whoever is convicted of the practice of crime provided for in this law or by the practice, the

title dolly or negligent, of crime in whose preparation or execution has been

relevant to the use or availability of the weapon.

2-The interdiction period has the minimum threshold of one year and the maximum equal to the limit

superior of the criminal frame of the crime concerned, not counting for this effect the time

in which the or the weapons, licences and other documents have been seized upon

order of the case or in which the convict has been subject to coaction

or feather or execution of security measure.

3-A interdiction implies a ban on detention, use and possession of weapons, specifically

for personal, functional or labour effects, sports, venatories or others, well

as of concession or renewal of licence, European firearm card or of

authorization to purchase firearm during the interdiction period, and the

doomed to make delivery of the or the weapons, licenses and too much documentation in the post or

police unit of the area of his residence within 15 days counted from the transit in

judged.

4-A interdiction is decreed regardless of whether the convict enjoys exemption or

dispensation of leave or special permit.

5-A The decision for interdiction is communicated to the PSP and, being the case, to the public entity or

private relevant in the procedure for the assignment of the firearm or who the

doomed depends.

6-The convict who left to surrender to or arms within the time referred to in paragraph 3 incurs

in the crime of qualified disobedience.

Article 91.

Frequency interdiction, participation or input in certain locations

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1-Can be temporarily interdictated the frequency, participation, or entry into

establishment of teaching, sports precinct, establishments or places of fun,

places where cultural, sporting or venatory manifestation occurs, fair or market,

field or shooting career, to whom it is sentenced:

a) By the practice of crime provided for in this law practiced in one of the places referred to;

b) For the practice of crime committed in one of these places or which is passed on

significantly in the same and in whose preparation or execution has been

relevant a weapon.

2-The period of interdiction has the minimum period of one year and maximum of five years, no

counting for the effect the time when the convict is subject to coaction

or in fulfillment of penalty or a measure of deprivative security of liberty.

3-A The interdiction decision is communicated to PSP and to the administrative authority, federation

sports, association or public or private entity that regulates or scrutinize the sector or

activity or organize the event.

4-The default makes incurring the convict in the crime of qualified disobedience.

5-A The decision of interdiction may understand the obligation to submit the convict

at the post or police unit of the area of your residence on the day or days of realisation of

fair, market or sporting event, cultural or venatory.

Article 92.

Interdiction of activity exercise

1-It may incur the temporary interdiction of activity of the activity the alvshall holder of

armeiro or field exploration or shooting career that is doomed, by title

doloso and in any form of participation, by the practice of crime committed with grave

deviation from the purposes for which it was licensed or accredited or with serious violation of the

duties and rules that discipline the exercise of the activity.

2-A interdiction has the minimum duration of 6 months and maximum of 10 years, not counting for

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this effect the time in which the convict has been subject to codet measure or

in fulfillment of penalty or execution of privacy measure of liberty.

3-A interdiction implies a ban on the exercise of the activity or the practice of any act

in which the same translates, as well as the granting or renewal of alvshall,

accreditation, license or authorization in the period of interdiction.

4-The exercise of the activity or the practice of acts in which the same of translates during the

interdiction period makes incurring a crime of qualified disobedience.

5-The provisions of Article 90 (3) shall apply.

Article 93.

Security measures

1-Can the security measure of detention, use and porting license cassation be applied

of weapons or of alvshall to whom:

a) Be convicted of the practice of crime provided for in this Law, by the practice of

any of the crimes referred to in Article 14 (2) or by related crime

with firearms or committed with violence against persons or property;

b) Be acquitted of the practice of the crimes referred to in the preceding paragraph only by

inimitability, as long as the personality of the agent and the fact practiced do

fear the comortment of new crimes involving such weapons or the agent if

setback unfit for the detention use and possession of them.

2-A The measure has the minimum duration of 2 and maximum of 10 years.

3-A cassation implies the expiry of the or the securities, the prohibition of granting of new

license or alvshall or authorization of a weapon acquisition for the duration of the

measure and still the prohibition on detention, use and possession of a weapon or weapons, specifically

for personal, functional or labour effects, sporting, venatories or others during

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the same period, owing to the accused or who by he is responsible to make delivery of

weapons, licences and too much documentation in the rank or police unit of the area of your

residence within 15 days counted from the transit on trial.

4-The provisions of Article 90 (90) (90) shall apply.

Article 94.

Loss of the weapon

1-Without prejudice to being declared lost in favour of the State in the general terms, any

weapon delivered at PSP, by force of application to the convict of an ancillary penalty or

safety measure, it can be sold to whoever assemble conditions to possess them.

2-A sale, required by the convict, is carried out by the PSP to the buyer indicated by

that or, in case there is no indication of buyer within 180 days counted from the

presentation of the application, is taken up for auction pursuant to the provisions of Article 79,

reversing the proceeds from the sale to the convict, deducted the expenses and fees

applicable, to be fixed by porterie of the minister who guardianship the internal administration.

Article 95.

Criminal liability of legal persons and equiparated entities

Legal persons and equiparous entities are responsible, in the general terms, for the

crimes set out in articles 86 and 87.

Article 95-The

Detention and preventive detention

1-There is place for detention in flagrante delicto for the crimes provided for in Articles 86, 87 and

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89. of this Law and for the crimes committed with a weapon, to which it is to hold until the

held to be presented the trial hearing in summary form or the first

judicial interrogation for possible application of coaction or warranty measure

patrimonial.

2-Out of flagrant offence, detention for the crimes provided for in the preceding paragraph may be

carried out by a warrant from the judge or the prosecutor's office.

3-Criminal police authorities may also order the detention out of flagrante

delito, on their own initiative, in the cases provided for in the law, and must do so if there is a danger

of continuation of criminal activity.

4-It is applicable to the defendants ' preventive detention when there are strong indications of the practice of

doloso crime provided for in paragraph 1, punishable with a maximum imprisonment of more than three

years, verified the remaining conditions of application of the measure.

SECTION III

Counterordinational liability

Article 97.

Illegal detention of weapon

Who, without being allowed, outside of the legal conditions or otherwise

requirements of the competent authority, detain, transport, import, store, purchase,

acquire any title or by any means or obtains by manufacturing, processing,

import or export, use or bring with you reproduction of firearm, weapon of

alarm, saves or alarm or weapons of classes F and G, is punish-ed with a fine

from 600 a to € 6000.

Article 98.

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General violation of the standards of conduct and obligations of arms carriers

Who, being a licence holder, hold, use or be holder, carry weapon outside of the

legal conditions, affect weapon the diverse activity of the authorized by the national director of the

PSP or in violation of the standards of conduct provided for in this Law shall be punished with a

coima from 500 a to € 5000.

Article 99.

Specific violation of standards of conduct and other obligations

Who does not observe the provisions of the following provisions:

a) In Article 28 (1), in Article 31 (3) and Article 34, it is punished with a

coima from 250 a to € 2500;

b) In Article 11 (5), Article 18 (3), paragraphs 1 and 3 of Article 38 and in the

n. 1 of Article 56, is punished with a fine of € 600 a € 6000;

c) In Articles 32, 33 and 36, in Article 45 (1) and in Article 53 (1) and (2), it is

punched with a fine of € 700 a € 7000.

d) d) A change in the characteristics of firearm reproductions for recreation is

punched with fine of € 500 a € 1000.

Article 100.

Violation of standards for the exercise of the activity of armeiro

1-Who, being a holder of alvshall for the exercise of the activities of armeiro, encountering the

engage in business in violation of the legal standards and rules for the exercise of the

activity is punched with a fine of € 1000 a € 20000.

2-It is punished with the fine referred to in the preceding number the armeiro which has

establishment of sale to the public and do not observe the standards and duties of conduct to

who is obliged as well as your employees.

Article 101.

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Illegal exercise of activities subject to authorisation

1-Who, being a holder of alvwill for career exploration or shooting range, if

find to carry out the activity in violation of the legal norms and rules for the exercise

of the same is punched with a fine of € 1000 a € 20000.

2-Who, not being authorised by the national director of PSP, to organise demonstration

theatrical, cultural or other where they are used or fired firearms, shows or

arms fair, auction or other kind of initiative open to the public is punished with a

coima from 1000 a to € 20000.

Article 102.

Illicit advertising

Who to carry out firearms advertising and who to publish, edit or transmit outside the

conditions laid down in this Law shall be punished with a fine of € 1000 a € 20000.

Article 103.

Aggravation

Fines are aggravated in their minimum and maximum limits for the triple if the holder of the

license or alvshall, the organizer or promoter, is a collective or equated entity,

being responsible in solidarity with the payment of their associates, managers, shareholders and

administrators.

Article 104.

Negligence and attempt

1-A negligence and the attempt are punishable.

2-In the case of attempt, the imposed fines for the respective counter-ordinance are

reduced to half in their maximum and minimum limits.

SECTION IV

Subsidiary scheme and competences

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Article 105.

Subsidiary regime

1-In respect of criminal liability or counter-ordinance is applicable

subsidiary, the Criminal Code, the Code of Criminal Procedure and the general regime of the

counterordinations.

2-The provisions of the preceding paragraph shall be without prejudice to the application to the regulated matter in the present

law of the regime relating to combating organized and economic-financial and economic crime and

too much special legislation.

Article 106.

Skills and product of fines

1-A The instruction of counterordinance processes competes with PSP.

2-A The application of the respective fines competes with the national director, who may delegate this

competence.

3-The product of the fines provided for in this diploma reverses in the percentage of 40% to the

State, from 40% to the PSP and from 20% to re-depart among the remaining fiscalizing entities

of compliance with this Law.

SECTION V

Seizure of weapons and cassation of licences

Article 107.

Seizure of arms

1-The agent or police authority proceeds to the seizure of the or the firearm, ammunition

and their licences and manifestos, or of other weapons, when:

a) Whoever detains, poring or transporting themselves under the influence of alcohol, of

narcotic drugs, psychotropic substances or analogue-effect products,

verified under this Act or refuse to submit the evidence for its

detection;

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b) There are indications of the practice by the suspected crime of mistreatment of the spouse, the

who with him alive in conditions analogous to those of the spouses, the progenitor of

common descendant in 1. degree, to children, the person minor or particularly

indefence on the grounds of age, disability, illness or pregnancy and that is his / her

care, at your guard or under your responsibility for direction or education and,

in the face of the complaint, complaint or the finding of flagrant, check

probability in its use.

c) Whether they find themselves outside the legal conditions or in violation of the prescriptions of the

competent authority.

2-A seizure includes the firearm held under exemption or licence waiver or

of special license, as well as the firearm that is owned by public entity

or private.

3-In addition to the transmission of the news of the crime to the Public Prosecutor's Office or PSP, in case

of counter-ordinance, the seizure under the terms of the preceding paragraph is communicated to the

respective public or private entity holder of the weapon, for the purposes of disciplinary action and

or of restitution of the weapon, in the general terms.

4-In the event of a manifest state of drunkenness or intoxication by substances

narcotic or psychotropic persons of person who hold, use, carry or transport

with a firearm, the weapon can be retained by any hunter or shooter

sporting or still by any person who can do so under safe conditions

until the comparency of agent or police authority.

Article 108.

Cassation of licences

1-Without prejudice to the cassation of licences by judicial authority, the national director of the

PSP may determine the cassation of the licences in cases where:

a) The holder has been convicted of any crime;

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b) The holder has been convicted of the practice of offence in the exercise of venatory act,

having been interdicted with the right to hunt or cassate the respective authorisation,

or has ceased, by lapse, the said authorization;

c) The holder has been convicted of the crime of mistreatment of the spouse or who with it

live in analogous conditions, to the children or to minors in their care, or by the

same crime has been determined the provisional suspension of the investigation process;

d) To the holder has been applied for coaction of obligation not to contact with

certain persons or not to attend certain places or certain means;

e) To the holder has been applied to the provisional suspension measure of the investigation process

upon the imposition of identical injunctions or rules of conduct;

f) The holder used the weapon for purposes unauthorized or different from those to which the

same is intended or has violated the standards of conduct of the weapon holder;

g) The holder has been expelled from sports federation whose activity is relacious

with the use of weapons;

h) The holder has contributed guilt to the theft or stray of the weapon;

i) The holder contributed guilt, in the guard, safety or transport of the weapon, to the

creation of danger or accident check.

2-In the cases provided for in paragraph 1 of the previous article, provisional cassation term is dislawed

which will follow along with the expedient resulting from the news of the crime or the counter-

ordering for the services of the Public Prosecutor's Office or for PSP, respectively.

3-In cases provided for in points f) , g ), h) and i) of paragraph 1, the granting of new licence is only

authorized decorations five years after the cassation and always implies the verification of

all the requirements required for your grant.

4-A Directorate General of Forests shall report to the National PSP Directorate, on time

of 60 days after its occurrence, the cassation or the expiry of the authorisation for the

practice of venatory acts, as well as all effective interdications of the right to hunt

of which you have knowledge.

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5-For the purposes of the provisions of the provisions of a) , c) , d) and and ) of paragraph 1, cassation will not occur if,

observed the procedure laid down in Article 14 (3), instituted by the person concerned

up to 30 days after the transit on trial of the conviction, coaction measure fixed or the

decision of the provisional suspension of the investigation process, there is recognition

judicial of the idoneity of the holder for its maintenance.

6-For the purposes of the provisions of the provisions of f) , g) , h) and i) of paragraph 1, PSP instacates a process of

enquiry with all the elements reaching the grounds of cassation concerning the

infringement and others deemed necessary.

7-A The cassation of the license implies its delivery on PSP, accompanied by the weapon or weapons that

the same authorises and their inherent documents, within 15 days after the

notification of dispatch, under penalty of committing a crime of disobedience

qualified.

8-Within 180 days must the owner promote the sale of the weapon, under penalty of being

declared lost in favor of the state.

SECTION VI

Special criminal prevention operations

Article 109.

Enhancing the effectiveness of criminal prevention

1-Security forces shall plan and carry out the effect, periodically, operations

criminal prevention specials in bounded geographical areas with the purpose of

control, detect, locate, prevent the introduction, ensure removal or check the

regularity of the situation of weapons, their components or ammunition or substances or

products referred to in this Law, reducing the risk of the practice of infringements

provided for in this Chapter, as well as of other offences which these are found to be

usually associated or yet when there is a suspicion that some of these crimes

may have been committed as a way of carrying out or covering up others.

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2-A delimitation of the geographical areas for the realization of the special operations of

prevention can cover:

a) Access control points to places in which it constitutes a crime to hold arms,

devices, products or substances listed in this Law;

b) Garters of road, rail or river transport as well as in the

interior of such transport, and still in ports, airports, public roads or other

public places, and their accesses, frequented by people who on the grounds of

actions of surveillance, patrolling or police information is to admit that if

depart to the practice of the offences provided for in paragraph 1.

3-Special preventive operations can understand, depending on the need, the

identification of the people who find themselves in the geographical area where they take place, well

as the magazine of persons, of viatures or of equipment and, when there are indications of the

practice of the crimes provided for in paragraph 1, risk of resistance or disobedience to the

public authority or still the need for the conduct of the police post, for not being

possible the identification sufficient, the carrying out of searches on the spot where they meet.

4-Compete still to the Public Security Police the verification of the articles provided for in the

present law and to find themselves in transit in the international area, with the possibility

of opening volumes and containers, for assessment of their destination and provenance.

Article 110.

Triggering and monitoring

1-Special preventive operations are always communicated to the Public Prosecutor's Office,

through the district attorney general with territorial competence in the geographical area

targeted.

2-A communication is made, in proper advance and specification of the delimitation

geographical and temporal of the measures envisaged, by the national director of the PSP, by the

commander-general of GNR or by both, should they handle joint operation.

3-Without prejudice to the technical and tactical autonomy of the security forces, the operations

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can be accompanied, in the technically available modality that proves more

appropriate, by a magistrate, which will be responsible for the practice of acts of

competency of the Public Ministry that they may require.

4-Operations can proceed beyond the geographical and temporal spaces

determined if the acts to be carried out are arising from other insiders in the

scope of the initial delimitation.

Article 111.

Acts of the exclusive competence of judge of instruction

1-When in the framework of a special prevention operation it becomes necessary to take the

cable searches of domiciliary or other acts of the exclusive competence of investigating judge,

the necessary measures are adopted by the monitoring by this magistrate,

in the technically available modality that proves to be more appropriate.

2-When the operation should be developed in more than one comarch, it intervenes the judge of

instruction that, pursuant to the law, has competence in the territory of the comarch in which the

operation if it starts.

CHAPTER XI

Transitional and final provisions

SECTION I

Transitional arrangements

Article 112.

Weapons manifested in countries that have been under Portuguese administration

The owners of the weapons manifested in the countries that have been under the administration

Portuguese have the deadline of 180 days after the entry into force of this Act to replace

the manifest document granted by the Portuguese authorities of then by the booklet

of manifest granted by the national director of PSP and book of ammunition registration.

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Article 112-The

Reclassification of weapons

Weapons that have been licensed under other legal regimes and to come to

be reclassified, by order of the national director of the PSP, within the framework of this Law, only

may be used for the activities set out in the reclassification dispatch

Article 113.

Transition to the new legal regime

1-The licences and permits for use and possession of a weapon granted under legislation

previous are converted, when from their renewal, to the licences now provided, in the

following terms:

a) License of use and possession of defense weapon transits for license of use and porting of

weapon B1;

b) License of use and possession of a hunting gun transits for license of use and porting of

weapon C or D, as per cases;

c) License for use and possession of lysate barrel recreation gun transits for use license

and possession of a weapon D;

d) Authorization of use and possession of defense weapon "model V" and "V-A model"

transits for special license, applying the same rules as to this

regarding the expiry and validity;

e) For the purposes of the provisions of the a) of Art. 5 (3), the existing references

in their respective organic laws or professional statutes the license of use and carry of

weapon of defense understand-if made for license of use and possession of class B gun.

2-The duly licensed armeers who find themselves in the exercise of the activity

they shall have a period of six months counted from the date of entry into force of the present

law to apply for the granting of an alvshall for the exercise of the intended activity in the

new legal framework.

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3-The owners of the establishments that carry out arms sales of classes G and F

they shall have a period of six months from the date of the entry into force of this Law

to apply for the grant of a type 3 alvshall for the continuation of the exercise of the

activity.

Article 114.

Lifetime detention of weapons at home

1-The possessors of arms held under home detention permits issued

pursuant to the provisions of the provisions of 46 of the Regulation approved by the Decree-Law No 37313,

of February 21, 1949, they retain the right to hold these weapons on the terms

previously established.

2-The possessors of ornamentation arms covered by the provisions of Article 5 of the

regulation passed by Decree-Law No. 37313 of February 21, 1949, they maintain

the right to hold such weapons in the previously established terms.

3-The possessors of firearms manifested under the Decree-Law No. 328/76, of

May 6, and that pursuant to this Law should be considered weapons of class A

they retain the right to hold such weapons, as long as they are evidenced by the Directorate

National PSP who are legitimate holders and who have the conditions of

security provided for in this Law.

4-Firearms possessors manifested and registered under the previous regime

as defence weapons and that by virtue of this diploma are not classified

as B1-class weapons retain the right to detain, use and pore these weapons, since

that voucher with the National PSP Directorate that are legitimate holders and that

they have the conditions of safety provided for in this Law.

5-A The eventual transmission of the weapons referred to in paragraphs 1, 3 and 4 is subject to their

unusable, going on to be classified as weapons of class F, except if transmitted

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public museums or, upon permission of the national director of PSP, to associations

of collectors with museum, or, if that is the case, to their reclassification as a weapon

from another legally permitted class.

Article 115.

Voluntary manifesto and provisional home detention

1-All possessors of firearms not manifested or registered shall, in the

deadline of 120 days counted from your entry into force, apply for your submission to

examination and manifesto, and there is no such case as criminal procedure.

2-After examination and manifest, the application of the person concerned, the said weapons stay, if

likely to be legalized under this degree, in detention arrangements

provisional domicile for the period of 180 days, and in that time it shall be entitled to

the necessary leave, getting lost in favour of the state if they cannot be

legalized.

3-The application for provisional domicile detention shall be instructed with

certificate of criminal record of the applicant.

4-In case of dismissing or elapsing the period referred to in paragraph 2 of this article without that

the present show is enabled with the respective license, are the weapons

guarded in deposit at the PSP, the provisions of Article 18 (7) being applicable.

Article 116.

Book of ammunition records

Upon display of the license of use and possession of weapon and the manifest of the weapon, it is issued

by the national director of the PSP, the application of the person concerned, a book of record of

ammunition.

Article 117.

Regulations to be adopted

1-They are approved by decree regulating the standards referring to the following subjects:

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a) Licensing and awarding of alvwill for the exploration and management of careers and

shooting fields;

b) Technical conditions of operation and safety of the careers and fields of

shot.

2-They are approved by the Minister's porterie who guardianship the Internal Administration the standards

referring to the following subjects:

a) Conditions of safety for the exercise of the activity of armeiro;

b) Scheme for technical and civic training for use and possession of firearms, including

the programmatic contents and duration of the courses;

c) Aptitude examination regime for obtaining the certificate of approval for the use

and possession of firearms;

d) Model of the licences, alvarás, certificates and others necessary for the implementation of the

present law;

e) The fees to be charged for the provision of the services and other acts provided for in the present

law.

SECTION II

Revocation and start-up

Article 118.

Abrogation standard

The following diplomas are revoked:

a) The Decree-Law No 37313 of February 21, 1949;

b) The Decree-Law No 49439 of December 15, 1969;

c) The Decree-Law No 207-A/75 of April 17;

d) The Decree-Law No 328/76 of May 6;

e) The Decree-Law No 432/83 of December 14;

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f) The Decree-Law No 399/93 of December 3;

g) The Act No. 8/97 of April 12;

h) The Act No. 22/97 of June 27;

i) The Law No. 93-A/97 of August 22;

j) The Act No. 29/98 of June 26;

l) The Act No. 98/2001 of August 25;

m) The Decree-Law No 258/2002 of November 23;

n) The Decree-Law No 162/2003 of July 24;

o) Article 275 of the Criminal Code, approved by the Decree-Law No. 48/95, of 15 of

March, amended by Law No. 98/2001, of August 25.

Article 119.

Special legislation

Legislation of its own, to be drawn up within 180 days, regulates:

a) The use and possession of weapons in sporting activities, including the

definition of the types of usable weapons, the modalities and rules of

licensing, continuing to apply, until the entry into force of new regime, the

current legal framework;

b) The collector's activity, in particular in respect of licensing, to the

security and incentives to promote the defence of historical heritage;

c) Special law shall regulate the terms and conditions in which companies with alvshall of

armeiro may have own evidence banks or common to several of these

companies.

Article 120.

Start of term

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This Law shall come into force 180 days after its publication, with the exception of the provisions

in Articles 109 to 111, which vigorates from the day following that of the publication of the present

law.