Library of Congress

Law Library of Congress

The Library of Congress > Law Library > News & Events > Global Legal Monitor

Brazil: New State Law Punishes Manufacture, Transport, and Marketing of Toy Firearm Replicas

(July 29, 2015) On July 27, 2015, legal amendments entered into force in the State of Rio de Janeiro that newly prescribe punishments for illegal activities involving toy guns. Law No. 7,048 of July 24, 2015 amends a state law from 1995 that prohibits the manufacture, sale, transport, marketing, and distribution of toys that replicate firearms or incite violence in the state. (Fabricar ou Vender Arma de Brinquedo Pode Render Multa de Até R$100 Mil, O DIA (July 27, 2015); Lei No. 7.048, de 24 de Julho de 2015, ALERJ [Legislative Assembly of the State of Rio de Janeiro website] [click on 7048 to view text]).) The 1995 law only prohibited such activities without establishing any punishment for them. (Lei No. 2.403, de 24 de Maio de 1995, ALERJ.)

After the amendment, those who fail to comply with Law No. 2,403 will be subject to a fine of up to R$100,000 (about US$29,762) (Lei No. 7.048, creating art. 1-B(II)); suspension of their business license (id. creating art. 1-B(III)); loss of the business registration (id. creating art. 1-B(IV)); and criminal and civil sanctions as applicable (id. creating art. 1-B (sole paragraph [parágrafo único])). If a toy gun is sold to a child or adolescent, the fine will be doubled (id. creating art. 1-D). Paintball and airsoft guns are exempted from the Law’s provisions (id. creating art. 1(sole paragraph 1)).

The amendment also determines that owners of toys that replicate or simulate firearms or that can be confused with a firearm may hand them in to police stations, which must follow the same procedure in handling the toys as that applied to firearms (id. creating art. 1-A). The toy guns will later be destroyed (id. creating art. 1-A (sole paragraph)).