Título IV. De la compraventa, tenencia, portación de armas de fuego y municiones, Registro de las armas de fuego de las fuerzas de seguridad y orden Público del Estado

Natural persons or legal persons who wish to engage in the purchase and sale of firearms and ammunition shall comply with the following requirements:

a.Submit to DIGECAM a sworn statement before a notary public, which shall contain:

Full first and last names of the applicant, age, marital status, nationality, profession or activity in which they engage, capacity in which they act, number of the personal identification document, exact address of domicile and of their workplace, and promise to immediately report any change in the data provided.

b.Attach the following documents:

1.Legalized photocopy of the personal identification document.

2.Certification of lack of criminal and police records issued by the corresponding authorities, of the applicant or of the legal representative, if it is a legal person.

3.Accounting certification of their income or financial statements.

4.Legalized photocopy of the certified copy of the constitutive deed and its amendments, duly entered in the Mercantile register, if the applicant is a legal person.

5.Legalized photocopy of the commercial license of company and of business, if the applicant is a legal person, and legalized photocopy of the commercial license of business, if the applicant is a natural person

6.Legalized photocopy of the appointment of legal representative, if the applicant is a legal person.

7.Certification that they are registered as a subject of fiscal contribution.

Firearm and ammunition purchase-and-sale establishments duly authorized in accordance with the preceding article may commence purchase-and-sale operations when they comply with the following provisions:

a.They shall be connected online to the DIGECAM computer system, for the entry and control of data on the purchase and sale of firearms and ammunition, in accordance with the Regulation of this Law.

b.They shall comply with the pertinent physical, technological, and human security measures established in the respective regulation, in addition to the specific measures that DIGECAM indicates for each establishment, as applicable in the specific case.

Sports entities duly recognized by law are not subject to compliance with the requirements set forth in this chapter of this Law, and shall be governed by what their laws and regulations establish.

The transfer of ownership of firearms classified as for sporting use shall be registered with DIGECAM in accordance with what is established in the regulation. Sports entities duly recognized by law may only sell or donate weapons to their active members.

Sports entities shall not import or commercialize military firearms or firearms for the exclusive use of the Army of Guatemala.

The result of the physical inventory of arms and ammunition shall be exact; any difference detected in this item shall cause a review of the control books for arms, ammunition and documents, as from the last inspection recorded in those same books, in order to clarify the difference, within the time limit of eight (8) days. If it is not clarified, it shall cause the temporary closure of the establishment for a period of fifteen (15) days, period within which the difference must be clarified. DIGECAM shall be obligated to decide on the reopening of the establishment within a time limit of twenty-four (24) hours after the respective difference has been clarified.

Repetition of this noncompliance shall cause the permanent closure of the establishment and the cancellation of the respective license.

To purchase a firearm for civil use, sporting use, or for individual use and handling, the interested party shall submit to the entity authorized to sell it a legalized photocopy of his personal identification document, the original certification of the record of his birth, certification of lack of criminal and police records, ornato tax receipt, thus the buyer shall submit the notarial copy of the deed, which shall become part of the ballistic data file. When due to his economic activity the interested party cannot submit this latter document, he shall submit a sworn statement made before a notary public declaring his income and the activity from which he obtains it.

The seller shall forward this documentation and the firearm to DIGECAM, which after verifying that the documents are in order and that there is no impediment among those set forth herein and in other laws that prohibit the purchase-sale transaction, within a term of no more than five (5) working days shall forward to the seller the authorization to deliver the firearm to the buyer and the possession card therefor. The buyer shall be authorized to transport the firearm within the term of three (3) days following the day on which it was delivered to him, from the commercial establishment that sold it to him to his residence or place of work, if he only seeks the register of possession.

If he wishes to hold a carrying license for the firearm delivered to him, he shall appear before DIGECAM and comply with the requirements provided for in this Law.

Ammunition for firearms may be sold upon the mere presentation of the possession registration card issued by the DIGECAM, or upon presentation of the carrying license for the firearm. Only ammunition of the caliber that is registered in the aforementioned documents may be sold.

Monthly, persons may acquire up to two hundred fifty (250) units of ammunition for each of the firearms duly registered in their carrying license or two hundred (200) units with their possession registration. Natural or legal persons who need a greater quantity of ammunition than those regulated in this article may acquire them with a special permit issued by the DIGECAM, justifying and demonstrating the situation motivating such request.

In the invoice evidencing the purchase and sale of the ammunition there shall be transcribed, in addition to the buyer's name, their address, their tax identification number -NIT-, the number of the possession registration card or of the firearms carrying license and the buyer's signature stating that they received the ammunition.

The seller shall affix the seal of their establishment on each ammunition box and add the date of sale and send to the DIGECAM a report and copy of the sales invoice at the end of each calendar month.

Any transfer of ownership of ammunition between private individuals is prohibited.

Every transfer of ownership of a firearm between private individuals shall be recorded in a public deed.

The public deed, in addition to any other register required by law, shall be presented for its entry in the register at DIGECAM within the eight (8) days following the date of execution of the contract.

In order for the notary to be able to authorize the transfer of ownership of a firearm, the notary shall have before him and identify in the body of the public deed the following documents:

a)Personal identification document of the buyer and of the seller.

b)Title of ownership of the firearm in question and the register card for the same, issued by DIGECAM.

Where it is not possible to prove ownership of the firearm with the respective title, the procedure shall be as set forth in Article 138, literal c) of this Law.

The notary shall give notice to DIGECAM within the fifteen (15) days following the execution of the contract, indicating the names of the seller and of the buyer, the identification data of the firearm, the title of ownership that the notary had before him. Omission of notice to DIGECAM shall give rise to a fine of one thousand quetzales (Q.1,000.00) on the notary, to be imposed by a judge at the request of DIGECAM, except in case of material impossibility of giving such notice.

The legalized copy of the public deed containing the transfer and the register card of possession of the firearm and the copy of the entry in the register at DIGECAM shall authorize the buyer to transport it to their domicile, provided they do so within the eight (8) days following the execution of the contract.

Firearms for the use of the State security and public order forces shall not be transferred between private individuals.

All citizens have the right to possession of firearms in their place of residence, except those prohibited by this Law, upon fulfilling only the requirements expressly set forth in the present Law.

Procedure for register of possession.

The register of possession of firearms shall be made personally by the interested party before the DIGECAM, upon presenting the firearm or firearms that he intends to register, with the invoice evidencing ownership or certified copy of the deed of sale.

The interested party shall provide three (3) rounds of ammunition meeting the requirements and techniques established by the DIGECAM in accordance with a technical opinion for such purpose, for the purpose of taking the ballistic fingerprints of the firearm, which it shall do in the same act. The projectiles and the cases or cartridge cases, those for use by the security and public order forces of the DIGECAM. Immediately thereafter, the DIGECAM shall proceed to issue to the interested party the possession card, which shall indicate: name, residence and domicile of the interested party, nationality, number of the Unique Identification Code -CUI-, indication of the make of the firearm, model, caliber, serial number, length of the barrel or barrels and caliber conversions it may have, as well as place and date of register.

If the interested party is unable to attend personally, he may do so through a special mandatary with representation, in accordance with the law; the representative must be empowered to comply with all the requirements required by this Law.

Once the requirements have been met, on no additional ground may the DIGECAM refuse the register of possession, nor retain or keep the firearms presented.

If, upon conducting the ballistic test, the firearm for any reason fails to function or cannot be fired, it shall be returned to the interested party to proceed with the corresponding repair and a provisional possession registration card shall be issued to the interested party, so that the firearm may be presented again within a time limit not exceeding thirty (30) days. The provisional card shall expire, unless its extension for another equal period is requested, upon prior review of the functioning of the firearm.

For purposes of this Law, the following are classified as collectible firearms:

a.Muzzle-loading weapons, which may be:

1.Matchlock.

2.Stone (flint).

3.Chimney (piston).

b.Unserviceable or disused weapons: unserviceable or disused weapons means all those that cannot be fired due to mechanical or structural defect.

c.Obsolete weapons: obsolete weapons means any type of weapon whose ammunition is not manufactured or has been discontinued for more than fifteen (15) years.

d.Usable weapons: usable weapons means those that are in good working condition and for which ammunition exists on the world market.

Individual or juridical persons wishing to collect weapons of war or weapons for the exclusive use of the State security and public order forces shall keep them under special security conditions, removing the firing pin therefrom, which shall remain on deposit with DIGECAM.

The owner of the weapon shall be liable civilly and criminally for any improper use made of them.

Whoever has a duly registered firearm and it is stolen from them or they lose it for any cause, shall give notice to the National Civil Police or the Public Prosecutor's Office, presenting a copy thereof to DIGECAM. Likewise, they shall give immediate notice to the same institutions if the firearm appears.

Only by order of a competent judge does an obligation exist to deliver registered arms, except in cases of flagrant crime.

Unregistered arms shall be seized immediately by the authorities, with the corresponding complaint to be filed.

Possession without registration and transport without a license of compressed gas-operated weapons, whether actuated by piston or containerized gas and which use ammunition of up to five point five (5.5) millimeters or zero point twenty-two (0.22) inches in diameter, is permitted.

The deposit or custody of firearms with third persons shall be made in writing, notice to DIGECAM being given within three (3) working days of its execution, with the following information:

a)Personal identification data of the depositor and of the depositary.

b)Place in which the firearms will be deposited.

c)Identification of the deposited firearm or firearms together with its DIGECAM register card.

The deposit of firearms may only occur between individual or juridical persons authorized by DIGECAM for such purpose.

With authorization from DIGECAM, Guatemalan citizens and foreigners with legally authorized temporary or permanent residence may carry firearms permitted by the present Law, except for the prohibitions contained in this body of law.

DIGECAM may grant possession and/or the license to carry firearms in those classified as for individual use and handling, and State, to individual or legal persons, as applicable, whose purpose is the provision of private security services, solely and exclusively for custody of distribution of monetary valuables in the national financial system, which situation must be stated in the service contract in force, with compliance with the requirements established in the Regulation of this Law.

In the case of citizens whose safety makes necessary the possession and/or the license to carry the firearms referred to in this article, they shall obtain the favorable opinion of the superior office of the Ministry of National Defense, which shall determine the type of firearm and the quantity to be authorized, the security measures therefor and security escorts that meet the carrying requirements established by this Law.

The carrying license for the exception cases established in this article shall have validity for the time limit of one year. To request renewal of the license, the applicant shall demonstrate that the situation that gave rise to the original authorization persists.

Citizens, in order to carry firearms permitted under this Law, must previously obtain the carry license. The license may cover and protect up to three (3) different firearms, which must have been previously registered with DIGECAM.

DIGECAM shall simultaneously proceed to register the possession of a firearm when a citizen requests the carry license for a firearm that is not previously registered. DIGECAM shall issue the firearm carry license, which shall have a validity of one (1) to three (3) years, which may be renewed, upon prior fulfillment of the following requirements:

a)Application on the form to be provided by DIGECAM, which must contain:

1.Full first and last names of the applicant, age, marital status, nationality, profession or activity engaged in, residence, personal identification document number and place to receive notifications.

2.Make, model, caliber, length of the barrel or barrels, serial number of the firearm and identification of any caliber conversions it may have.

3.Sworn statement that he/she neither suffers nor has suffered from mental illness, nor is a deserter from the Army of Guatemala and/or has abandoned employment in the National Civil Police.

b)Attach the following documents:

1.Legalized photocopy of the personal identification document.

2.Certification of lack of criminal and police records, issued by the corresponding authorities.

3.Certification of having passed the evaluations established in Article 75 of this Law.

The data and documents submitted to DIGECAM shall be made under sworn statement given before a notary public in accordance with the law, that all information is truthful.

c)Payment of the respective special fee, which shall be established in the Regulation of this Law

For reasons of public order, a carrying license shall neither be issued nor renewed to a person who has been convicted by a competent tribunal for the crimes of intentional homicide, murder, kidnapping, extrajudicial execution, robbery and aggravated robbery, serious and very serious injuries caused with a firearm or illegal carrying of a firearm, in addition to the crimes established in the Law against Organized Crime, Decree Number 21-2006 of the Congress of the Republic, or the present Law.

The following public officials may carry firearms permitted by this Law, by reason of their office, upon mere presentation of the document accrediting them, whenever the firearm or firearms are duly registered in the DIGECAM:

a.The Presidents of the Organs of the State.

b.The Vice President of the Republic of Guatemala.

c.The deputies to the Congress of the Republic.

d.The Ministers of State.

e.The Prosecutor General of the Republic and Head of the Public Prosecutor's Office.

f.The Attorney General.

g.The General and Private Secretaries of the Presidency and of the Vice Presidency of the Republic.

h.The Magistrates of the Supreme Court of Justice, of the Constitutional Court, of the Supreme Electoral Tribunal, of the Appeals Chambers of the Supreme Court of Justice and judges of the Judicial Branch.

i.The former presidents and former vice presidents of the Republic of Guatemala.

j.The former deputies to the Congress of the Republic.

Firearm carrying licenses shall be issued by DIGECAM when the applicant demonstrates that he possesses the aptitude for the handling and knowledge of firearms, in such a manner that the carrying of the firearm does not represent a risk to himself, his family, and society.

public order of the State of Guatemala shall have For such purpose, it shall be necessary for the applicant to pass the evaluations that DIGECAM shall establish in the corresponding regulation, which shall include safety measures for the handling of firearms, general knowledge of this Law, technical evaluations and psychological evaluations. Failure to pass the evaluations has as its effect the denial of the carrying license. DIGECAM shall indicate to the applicant the deficiencies he showed in the tests and he may submit to the same again whenever he requests it.

The technical examinations or evaluations shall cover the instructional material to be prepared by DIGECAM, on general knowledge of the use of the weapon, its composition and general provisions of the Law. The evaluations shall be in verbal or written form; in any case documentary record thereof shall remain, and they shall be conducted only for the first license.

For the application for renewal of a license to carry firearms, presentation of the firearm or firearms shall be required in order to verify that they have not been modified, the application with the information referred to in Article 72, literal a), numerals 1 and 2 of this Law and certification of lack of criminal and police records.

The expired license and the stamped copy of the renewal application shall constitute a provisional license while the application is decided and shall be valid for a maximum of forty-five (45) days. The rejection of the application for carrying or renewal must be made stating the reasons, which may be no others than those contemplated in this Law. The affected person may file the remedies allowed by law.

Guatemalan citizens and permanent resident foreigners who have held a license to carry a firearm for three (3) years may obtain renewal of their license for a period of up to three (3) additional years, making the corresponding payments for said period.

With possession and exclusively within the boundaries of their rural properties, the owners thereof may carry firearms for civil and/or sporting use, requiring only the register of the firearm or firearms with DIGECAM and the names of the persons who will carry them. In the event of a change of the persons who will carry them, the corresponding notice shall be given.

Members of the State security and public order forces may carry firearms throughout the national territory, when they are on duty or in performance of their mission functions, with the limitations expressly contemplated in this Law.

All members of the security forces and registered the firearms of their property, of civil or sporting use that belong to them.

Carrying of firearms for civilian use by members of private security companies.

Legally authorized private security companies may use firearms for civilian use, except as provided in Article 71 of this Law. For such purpose, the legal representative of the company may apply for a special carrying license. Private security companies shall comply with the following requirements:

a.To be duly qualified and authorized for the provision of security services in accordance with the specific law on the matter;

b.To describe the activities to be carried out, quantity and type of firearms to be used;

c.To submit the personnel roster, which personnel shall meet all the requirements established by this Law for carrying a firearm;

d.To indicate the personnel who will actually use the firearms, who in all cases shall meet the requirements established by this Law for a carrying license;

e.The personnel of the security company who carries the firearm shall prove such carrying by means of a credential issued by the DIGECAM;

f.Firearms and ammunition may only be used during the performance of the functions inherent to the security service being provided, or within the framework of practice and training of its personnel;

g.Firearms may only be used by personnel accredited by the DIGECAM;

h.Firearms may only be carried within the physical area and during the time of effective performance of the function so requiring it;

i.Firearms and ammunition shall remain in the storage location of the security services provider, and shall only be removed by reason of service and with security measures, and must be returned to the establishment upon completion of the function;

j.Private security agents, in the performance of their functions, shall be duly uniformed, with their visible badge containing personal information, the license evidencing the register number of the firearm carried and the name of the employer company;

k.To keep a daily register that shall be remitted monthly to the DIGECAM and that shall include:

Expired. Unregistered firearms shall not be returned.

1.The ammunition consumption recorded during the month, whether for instruction or training activities, as well as ammunition that has been fired in the exercise of the functions they provide.

2.Any change in its personnel roster.

Without prejudice to what is regulated in this article, the control and use of firearms of legally authorized companies and providers of private security services shall be governed by the special law, bylaws and other legal provisions regulating their organization and operation.

No firearm carrying license may be granted to the following persons:

a.Persons under twenty-five years of age.

b.Persons declared in a state of interdiction.

c.Those covered in Article 73 of this Law.

Excepted from subparagraph a) of this article are members of the State security and public order forces or persons who join said forces as active members, after the corresponding training process.

The authority that proceeds to collect weapons as forfeiture is obligated to immediately issue a certificate, duly signed and sealed, evidencing such situation. Weapons forfeited for a minor offense may be claimed by the owner within a time limit not exceeding six (6) months counting from the date of the judgment that declared the temporary forfeiture, after paying the corresponding fine and presenting the relevant documentation.

If within criminal proceedings instituted against a person accused of participating in an act classified as a crime the seizure of the weapons has been ordered, they may be recovered if the accused has been declared acquitted in a final judgment, subject to the rights of third parties.

The request for return of the seized weapons may be made within a time limit of no more than three (3) months, counted from the date on which the judgment became final. The request must be accompanied by certification of the judgment that acquitted the accused and a certificate from the corresponding tribunal indicating the status of the proceedings is The weapons that are not claimed within the aforementioned periods, DIGECAM shall notify the competent authority of the Judicial Branch, for appropriate action.

Private individuals are prohibited from the manufacture, import, export, intermediation, possession and carrying of:

a)Military weapons, explosives, chemical weapons, biological weapons, atomic weapons, military traps and experimental weapons.

b)Noise reducers, suppressors or silencers.

c)Conversion mechanisms to automatic operation.

d)Devices for firing the weapon in a concealed manner, such as briefcases, cases, pens, books and similar items.

e)Ammunition for exclusively military use or poisoned with chemical or natural products or incendiary ammunition.

f)Improvised or artisanal firearms.

g)Firearms without a register number or with an erased, altered or struck-through register; without model, caliber, manufacturer's name, or country of origin.

h)Unauthorized transit of arms and ammunition through national territory for the purpose of importing them into or exporting them to another country.

i)Openly and ostentatiously carrying in plain view weapons and/or magazines for more cartridges than those for which the weapon was originally manufactured or that protrude from its grip.

Register of firearms of the State security and public order forces.

The Ministry of Governance shall register in the DIGECAM the arsenal of arms existing in its inventories, including that of the National Civil Police, that of its units and special agents.

The Ministry of Governance shall be responsible for the assignment of all its arms and ammunition and shall establish institutional registers and controls in accordance with its internal laws and regulations and in a complementary manner to that prescribed in this Law.

Article 84. Registration of firearms of the institutions and agencies of the Public Administration. All institutions and agencies of the Public Administration that, by reason of their functions, use firearms, must register them with DIGECAM, and shall also be responsible for controlling the distribution and assignment made of them, for which they are obligated to keep the corresponding records and to report to DIGECAM on a monthly basis.