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Peru: Possession of weapons and ammunitions

(Dec. 2, 2007) On October 17, 2007, President Alan Garcia Perez signed Law No. 29106 amending article 13 of Law No. 25054, which regulated the manufacture, trade, possession and use by individuals of weapons and ammunitions not destined to war and including amendment to articles 36 and 38 of the Criminal Code (Legislative Decree No. 635).

Article 13 deals with granting of licenses for the possession and use of firearms, valid for a period of five years that can be extended. The procedure to obtain a license of possession and initial use, transfer, and renewal requires the mandatory presentation of official documents of a person's criminal history.

Articles 36 and 38 of the Criminal Code determine the effects and duration of the revocation of licenses. The revocation will result in the suspension or cancellation of the authorization to carry or make use of firearms. In cases of guilty verdicts for intentional crimes with punishment depriving the person of freedom for more than four years, the effect will be the ineligibility to obtain a license or certification from the competent authority to carry or make use of firearms.

This Law also adds article 41 to the above mentioned Law No. 25054 concerning the obligation of the Ministry of Justice and the Judiciary to inform the General Directorate for Control of Security Services, Arms Control, Ammunition, and Civil Use of Explosives for the Ministry of Internal Affairs of the results of the procedures following the intentional crimes that led to the suspension, cancellation, or denial of authorization to bear or make use of firearms. (Law No. 29106, Oct. 18, 2007, El Peruano. (Official source) available at http://www.congreso.gob.pe/ntley/Imagenes/Leyes/29106.pdf).