CCJ approves proposal that authorizes States to legislate on the possession and carrying of firearms

BRASÍLIA — The Constitution and Justice Committee (CCJ) of the Chamber of Deputies approved, this Tuesday, 23, a complementary bill that authorizes the States and the Federal District to legislate on the possession and carrying of firearms in case of self-defense, sports practices and control of invasive exotic species.

The proposition is part of the campaign by the bala bench against the “repeal” proposed by President Luiz Inácio Lula da Silva at the beginning of his term and the Federal Supreme Court (STF), which, on repeated occasions, declares unconstitutional state laws that facilitate the carrying weapons.

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The text was approved by 34 votes to 30, and now goes to the plenary, where it will need an absolute majority — that is, at least 257 votes from the 513 deputies — to be approved. The last time the opposition tried to pass a proposal in favor of carrying or possessing weapons, it was defeated by a small margin. In December 2023, the group tried to stop Lula’s “repeal” and lost by three votes. They obtained 254 of the 257 votes needed.

Government deputies question the constitutionality of the complementary bill. Opposition members argue that there is scope in the constitutional text to pass on part of the responsibility attributed to the Union to the States. An excerpt from article 22 of the Constitution says that a “complementary law may authorize the States to legislate on specific issues”. War material is among the themes listed in this article.

Government supporters, on the other hand, use article 21 of the Magna Carta to support their position. The text says that the Union is responsible for “authorizing and supervising the production and trade of war material”.

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Currently, legislation on the subject is solely the responsibility of the federal government. During the Bolsonaro administration, access to weapons was expanded. When he took office, Lula revoked his predecessor’s decrees to contain the proliferation of authorizations to carry and possess weapons.

The complementary bill in question allows States to grant permission to possess and carry firearms both for personal defense and for sports and control of invasive exotic fauna, which can benefit the so-called CACs (collectors, shooters professionals and hunters).

To achieve this, it is necessary that a “cultural and traditionalist” component in the use of firearms be proven, and that the State must certify that it has the capacity to monitor those who possess firearms and, in the case of an invasion of exotic fauna, if there is proof that the State is affected by such a problem.

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As shown by the Estadãowild boar hunting, encouraged to eliminate the species that is considered a pest, has created a recreational market that experts consider to be something that worsens the current situation and allows the animal to spread uncontrollably throughout the country.

“In the current scenario of this year 2023, in which the new Federal Government has been imposing strong limitations on this segment of firearms, signaling other series of restrictions to be implemented, all initiatives to avoid this regulatory setback are welcome, as long as they are promoted peacefully, and within the law”, explains Caroline de Toni (PL-SC), author of the proposal and president of the CCJ.