STF invalidates law that made it easier for sports shooters to carry weapons in MS

STF invalidates law that made it easier for sports shooters to carry weapons in MS
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Competence invaded

The Plenary of the Federal Supreme Court declared unconstitutional a law in Mato Grosso do Sul that facilitated the possession of firearms by sports shooters in the state, recognizing the risk of the activity carried out by them. The unanimous decision was taken in a virtual session, in the analysis of direct action of unconstitutionality (ADI).

Law invaded the Union’s competence by providing for the activity of sports shooters

Filed by the Presidency of the Republic, the action alleged that the state rule invaded the Union’s competence to authorize and supervise the use of war material, as well as to legislate on the matter.

The vote of the rapporteur, Minister Dias Toffoli, guided the court’s understanding of the merits of the request. For Toffoli, State Law 5,892/2022, by defining the activity of a sports shooter as part of legally constituted sports entities as a risk activity, disregarded regulations at the federal level, such as the rules of the Disarmament Statute and Decree 11,615/2023.

Transit charge

The minister noted that the decree specifically regulates the situation of sports shooters. He explained that article 33 of this rule establishes the figure of “transit carriage” for this category, which is granted by the Army for the transit of unloaded firearms, accompanied by ammunition packed in a specific container. This postage is valid for a pre-established route, for a determined period, and in accordance with the purpose declared in the corresponding registration.

“In addition to not having formal competence to legislate on war material, the state of Mato Grosso do Sul also did so contrary to Union regulations on the subject”, concluded the minister. With information from the STF press office.

Click here to read Dias Toffoli’s vote
ADI 7,567


The article is in Portuguese

Brazil

Tags: STF invalidates law easier sports shooters carry weapons

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