Título III. Fabricación, reacondicionamiento, exportación, importación, transporte y traslado de armas de fuego y municiones

Individual or legal persons who wish to manufacture firearms or ammunition in the country shall submit an application on the form that DIGECAM shall provide, indicating:

a.Full first and last names, age, nationality, marital status, profession or occupation, order number, register and date of issuance of the personal identification document and exact address of domicile and place of work.

b.Legal persons must attach the following documents:

1.Legalized copy of the testimonio of the constitutive deed and its amendments, duly registered. Any entity engaged in this purpose must organize its corporate capital solely with nominative shares.

2.Commercial patent.

3.Certification that they are registered as subjects of fiscal contribution.

4.Appointment of all legal representatives that the entity has.

5.Payroll of the personnel who will intervene in the manufacturing and commercialization process.

6.Certifications of lack of criminal and police records of all personnel of the entity, from its legal representatives to the watchmen or guards.

7.Technical description of the firearms or ammunition it intends to manufacture.

8.Technical description of the manufacturing process and materials to be used.

9.Description and plans of location and design of the place where the factory will operate, prepared by an authorized professional.

10.Description and design of the security structure with which the facilities shall be equipped.

11.Express acceptance of the supervision and control of DIGECAM, in all manufacturing and commercialization processes, on a permanent basis and when DIGECAM deems it convenient.

12.Certificate issued by the competent authority that compliance with what is established in the laws on environmental impact is met.

c.Individual persons must fulfill the same requirements established for legal persons, with the exception of those contained in numerals one (1) and four (4) of the preceding subsection.

The provisions of this article are applicable only to the commercial manufacture of firearms and ammunition. age, marital status, nationality, profession or acti-

Every weapon manufactured in the country shall visibly bear the following information: name of the manufacturer, place of manufacture, caliber, registration number and model.

When weapons are subject to forfeiture and destined for official use, they shall be appropriately marked in accordance with the provisions established by the Regulation of this Law.

Manufacturers have the obligation to prepare monthly reports to DIGECAM on their activities, in which the number of arms and ammunition manufactured shall be detailed, as well as the transactions carried out, which they shall submit to DIGECAM within the first five (5) days of the month. In the event of non-compliance with this provision, DIGECAM shall impose a sanction on the company or manufacturer, in accordance with the Regulation of this Law.

The possessor of duly registered firearms may reload or recondition ammunition for the same and use it under his liability. It is prohibited to transfer or trade in ammunition that he reloads or reconditions, as well as to reload or recondition ammunition for military firearms for the exclusive use of the Army of Guatemala.

To register and authorize possession of a machine for reloading ammunition, interested parties shall meet requirements similar to those met to register a firearm. Fiscal stamps for the value of two hundred quetzales (Q.200.00) shall be affixed to the respective application.

Only machines for the reloading of the caliber or calibers of firearms duly registered in the name of the interested party may be authorized.

It is prohibited to change the usual ballistic characteristics of ammunition or to poison them with chemical or natural products.

Natural or juridical persons authorized for the manufacture of firearms and ammunition shall not need a special license from DIGECAM to export them, provided that such activity is included in the object of the business; however, they shall previously request from DIGECAM, in writing, a certificate of authorization for transfers of lots of firearms, their parts, components and ammunition; in addition, they shall submit a list of firearms and ammunition with the details thereof, the indication of the recipient and the quantity of the export. In every export, authenticated end-user certificates shall be used.

Individual or juridical persons duly registered and authorized by DIGECAM have the right to import firearms, those classified in this Law as firearms for civil use and sporting arms, and ammunition, whether the purpose of the importation is sale to the public in establishments authorized for that purpose, or use for personal purposes of security and recreation.

Sports entities shall be governed by what is established in their laws and regulations, in addition to what is prescribed in this Law.

Importation of arms and ammunition for cases of exception.

Natural or juridical persons who wish to import firearms and their ammunition, of those covered as for individual use and handling with automatic or semiautomatic firing mechanism: tactical assault military rifles, machine guns, submachine guns, carbines, automatic pistols, automatic rifles, must do so through an establishment duly authorized to sell firearms. The establishment shall make the import request, meeting the requirements established for such purpose by the present Law.

Establishments authorized to sell firearms may only import arms of those covered in the preceding paragraph, at the request of a natural or juridical person, when such person already has the favorable opinion of the Ministry of National Defense and the corresponding authorization from the DIGECAM, as established by the present Law.

Establishments authorized to sell firearms may only have in their inventory firearms of those considered in this Law as for civil and sporting use, except for those which it has imported in compliance with the requirements established in the preceding paragraph and which have not yet been collected by its owner.

Requirements for importing firearms and their ammunition.

Individual or legal persons who wish to import firearms and their ammunition shall fulfill the following requirements:

a)Application addressed to DIGECAM, on a form to be provided by the respective department, to which shall be attached a sworn statement made before a notary public, with the following information:

1.Complete given names and surnames of the applicant, activity in which he/she is engaged, order number, register, date and place of issuance of his/her personal identification document, exact address of domicile, of his/her place of work, and promise to immediately report any change in the data provided.

2.Quantities, characteristics of the firearms comprising the lot, brand, caliber and conversions to other calibers, the register number, model, length of the barrel or barrels of the firearm and country of origin. In the event of any change in the data provided, the corresponding party shall be immediately informed.

b)Attach the following documents:

1.Legalized photocopy of the personal identification document.

2.Certification of lack of criminal records and of lack of police records.

3.Work certification or accounting certification of his/her income; or prove having a craft, profession or occupation.

c)Legal persons shall additionally attach:

1.Legalized photocopy of the certified copy of the constitutive deed, duly registered in the Mercantile Register.

2.Legalized photocopy of the commercial license.

3.Appointment of representation.

4.Certification that it is registered as a subject of fiscal contribution.

The importer shall, at the importer's cost, remit all imported arms to DIGECAM, so that ballistic fingerprints are taken and possession cards are issued in the name of the importer.

When the arms enter the country for the purpose of being commercialized, they shall be marked by DIGECAM with the letters GUA, at the importer's cost.

Foreigners who wish to temporarily bring firearms for civilian and/or sporting use into the country shall submit their application with due advance notice through the respective Consular Mission of Guatemala, or its representative, which shall be forwarded to DIGECAM for its authorization.

If favorably decided, DIGECAM shall grant a special and temporary license for carrying and/or transportation, and shall communicate it to the Ministry of Foreign Affairs so that it orders the consular authorities to authorize the shipping documents.

The importation of the following articles for civilian-use, sporting and compressed-gas-actuated weapons is permitted without the need for a license from the DIGECAM:

a)Accessories and spare parts.

b)Aiming systems of any kind.

c)Security boxes.

d)Oils, solvents, maintenance materials and accessories.

e)Carrying accessories: holsters, magazine holders, protective and transport cases.

f)Hoppers, magazines and grips.

g)Felt, cardboard and plastic wads or similar.

h)Implements for reconditioning or reloading cartridges for civilian and/or sporting firearms, such as cases or shells, primers, bullets, buckshot and pellets.

i)Blank cartridges, signal cartridges, pellets and ammunition for compressed-gas-actuated weapons.

j)Compressed-gas-actuated rifles and pistols to which this Law refers, signal pistols and those classified as toys, provided they do not fire ammunition greater than 5.5 millimeters in diameter.

k)Crossbows, bows, arrows, javelins and other similar articles and their spare parts.

For the importation of specific firearm components, the corresponding import license issued by DIGECAM shall be required. The following shall be considered specific components:

a.Barrels.

b.Frames.

c.Receivers.

The specific components listed in this article shall be marked in accordance with the applicable provisions of this Law and pursuant to the respective regulation.

Importers of firearms engaged in sale to the public have the obligation to include in each order at least two percent (2%) of the value of their imports in spare parts for the same.

To seal the goods, ordering their storage.

The manufacture and/or importation of gunpowder or propellants for firearm ammunition shall require a specific license from DIGECAM, which shall grant it upon prior compliance with the following requirements:

a)To submit before DIGECAM a sworn statement made before a notary public, which shall contain the following information:

1.Full first and last names of the applicant, age, residence, marital status, nationality, profession or occupation, number of the personal identification document, indicating a place to receive notifications and the promise to report any change in the data provided.

2.Indication of the quantity of gunpowder or propellants, brand and other characteristics thereof, when importing them.

3.Indication of the purpose for which it will be used.

4.Indication of the place where the gunpowder or propellants will be deposited and worked.

5.Commitment to timely report on the use and consumption of the products manufactured with the gunpowder or propellants.

b)In addition, the following documents must be attached:

1.Legalized photocopy of the personal identification document, legalized photocopy of the testimony of the constitutive deed and of the appointment of the legal representative, if it is a legal person.

2.Certification of the register of the reconditioning machine, when dealing with gunpowder or propellants for reloading or reconditioning ammunition.

Individual or juridical persons duly registered and authorized by DIGECAM that hold the authorization for the importation and sale of arms and ammunition may import and commercialize machines for reloading ammunition, as well as the inputs necessary for such purposes, fulfilling the same requirements established by the present Law for the importation, sale of arms and ammunition.

When due to lack of import license or for any other reason, the arms, ammunition, as well as the specific components established in Article 38 of this Law, remain deposited in the fiscal warehouse, the competent authorities shall proceed to in a specific place that meets the necessary security measures, immediately informing the competent authorities to order the transfer of the arms and ammunition to DIGECAM, for the corresponding legal effects.

When the merchandise arrives closed with factory packaging it shall be stored without being opened, and if for any circumstance the packaging is open, its inspection, counting and detailed description shall be carried out before a competent authority.

To initiate the procedures for removal from storage and transport before the corresponding authority, the interested party shall present the import license for the firearm or firearms, ammunition or their specific components as applicable, issued by DIGECAM.

Once this requirement has been satisfied, delivery shall be verified in accordance with the procedures indicated in tax laws, provided that the interested party has made the tariff payments, fees and other taxes levied on the importation, unless he enjoys an exemption, which he must present.

Transport companies that upon arrival in the country bring as cargo firearms for civil and/or sporting use shall immediately notify DIGECAM and the Superintendency of Tax Administration -SAT-, so that their delegates take charge of custody and the applicable duties in accordance with the law.

In the bonded warehouse, the appropriate reception and registration controls shall be maintained. Prior to the entry of imported arms for civilian and/or sporting use, the corresponding authority shall proceed to inspect and count the same, taking such precautionary measures as may be necessary, ordering their duly sealed storage in a place that meets the necessary security conditions with the corresponding custody, under its responsibility. The DIGECAM shall be informed of the proceedings carried out, for such action as may be appropriate.

The merchandise shall remain in the fiscal warehouse for up to eight (8) working days, a time limit within which the interested party shall submit the respective documentation. Upon expiration of said time limit without a claim being filed or ownership of the merchandise being proven, it shall be transferred to DIGECAM for the corresponding legal effects.

or more than twenty-five (25) pounds of gunpowder, shall require

All transport and/or transfer of firearms and ammunition from the bonded warehouse to the DIGECAM, and from the latter to the warehouse authorized by the importer, shall be guarded by DIGECAM security personnel, or personnel that this Directorate coordinates with other State security agencies.

Expenses arising from the transport and the per diem costs of the custody of the merchandise shall be covered by the importer.

Firearms for civilian and/or sporting use, as well as ammunition, may be transported sporadically for purposes of maintenance, hunting, recreation or other occasional needs. For such purpose, the holder of the firearm or firearms shall submit, free of charge, a sporadic transport license, which shall have a maximum duration of fifteen (15) days.

Firearms shall be transported unloaded, kept in their holster or case or suitably packed; ammunition shall be in its boxes or adequately packed.

The document accrediting a citizen as an active member of a legally recognized shooting club or federation shall serve as authorization for the transport, from the domicile of the interested party to the corresponding shooting range and return, of the sporting firearms that are duly registered on the possession card, as well as the ammunition for his training or competition.

Such firearms must be transported in their respective cases or transport bags, unloaded and with the magazines separated therefrom.

DIGECAM shall grant the authorization for the transport of ammunition, powder and/or propellants, which shall contain: the origin, destination, itinerary to be followed, security conditions, surveillance, class and quantity of the ammunition, powder and/or propellants covered and the authorized means of transport.

Its authorization may be conditioned upon compliance with the security measures that DIGECAM deems necessary, with regard to the class and circumstances of the transport. Individual persons may transport ammunition in a number not greater than five hundred (500) units per registered firearm, covered solely by their carrying license or possession card; the ammunition must correspond to the registered firearm or firearms.

Any transfer of ten (10) or more firearms and/or more than ten (10) thousand cartridges shall necessarily have custody at the expense of the interested party, with prior authorization from DIGECAM.

Natural persons who need to transport arms owned by them outside the country shall request authorization from DIGECAM, accompanying the registration card of possession, indicating the destination and the reason for the transport; the request shall be decided within a time limit of no more than seventy-two (72) hours.

To transfer sporting arms outside the country for international competitions, it shall suffice for the Shooting Federation, with the authorization of the Autonomous Sports Confederation of Guatemala and the Guatemalan Olympic Committee, to request authorization from DIGECAM, sending a list of the arms, the names and identification document numbers of the competitors who will use them; the request shall be resolved within a time limit of no more than seventy-two (72) hours.

Transit of firearms, their parts, components and ammunition through the national territory shall be permitted only when the interested party holds the shipment or transit cargo authorization granted by DIGECAM. Control of transit shall be carried out in coordination with the authorities of the Superintendency of Tax Administration -SAT-.

The requirements for granting the authorization are the following:

a.Presentation of the certificate or import permit of the final destination country.

b.Identification of the legal representative or its agent and copy of the constitutive instrument of the corporate name of the exporter or its legal representative, in case it is a legal person.

c.Detail of the lot of firearms, their parts, components and ammunition, including quantities and characteristics.

d.Information on the importing country, details of the import permit or certificate issued by the competent authority or body.

e.Identification of the corporate name of the importer or its legal representative, in case it is a legal person.

f.Identification and corporate name of the end recipient, in case it does not coincide with the importer.

g.Identification of the company responsible for transport and presentation of the certificate or cargo transit permit for the corresponding country, if applicable.

h.Specific shipment information.

as proof of employment or certification of income.