Título VI. Delitos, faltas, penas y sanciones

For the purposes of this Law and its Regulation, intermediation means the action carried out by a person who, in such capacity, participates in the negotiation or arrangement of a contract of purchase-sale, exchange or dation in payment or other [contract] for the acquisition or transfer of firearms or ammunition, or in the facilitation or transfer of documentation, payment, transportation or freight, or the combination thereof, in connection with the purchase, sale or transfer of any firearm or ammunition, between any manufacturer or supplier of firearms or ammunition or service provider, or any buyer or recipient thereof.

Persons who are duly authorized to act as intermediaries and whose purpose is to carry out strictly intermediation-transaction activities within the national jurisdiction or outside it must hold a license granted by DIGECAM, which must be ratified by the Minister of the sector, by means of a Governmental Agreement, whose validity shall be solely for a single transaction and shall expire within a time limit of ninety (90) days if not used by the holder.

The license is obtained after the interested party supplies the information required in the respective form and other documents to be attached in original and copies certified by a notary. The issuance of the license for intermediation activities must be recorded in an intermediation certificate, a public document that shall be valid for ninety (90) days, non-extendable and non-transferable, and shall be valid for a single transaction.

DIGECAM must analyze the frequency with which the intermediary acts to establish measures that provide assurance that firearms or ammunition will not be diverted to a third country or from the established route, or that they will not return by other means to Guatemala.

For the purposes or effects of this Law, the transfer, import, export, transit and intermediation of any type of arms, their parts and components or ammunition is prohibited, relating to:

a.Those countries with which the State of Guatemala has disputes or border conflicts;

b.The States upon which the United Nations has imposed an embargo;

c.Governments that systematically violate human rights;

d.Countries that promote terrorism and crime or that serve as refuge for drug traffickers;

e.Cases in which it is presumed or there are indications that:

1.Such arms, their parts and components or ammunition will be used in acts of genocide or crimes against humanity and/or violations of human rights, in contravention of international law;

2.Such arms, their parts and components or ammunition support terrorist acts and/or irregular armed groups;

3.Bilateral or multilateral agreements on the control or non-proliferation of arms, binding upon the, are violated

Whoever, without having a license or authorization, or without declaring at the respective customs office, brings into the national territory any type of weapon classified in this Law, commits the crime of illegal importation of arms.

The person liable for this crime shall be sanctioned with imprisonment of five (5) to eight (8) years, non-commutable, and forfeiture of the weapons.

If the weapons are more than two (2) or are among those classified in this Law as military firearms or for the exclusive use of the Army of Guatemala, military bladed weapons or for the exclusive use of the Army of Guatemala, explosives, chemical, biological, atomic weapons, military traps and experimental weapons, the penalty to be imposed shall be eight (8) to twelve (12) years of non-commutable imprisonment and forfeiture of the weapons.

If the crime is committed by a public official or public employee, the penalty shall be increased by one third and shall additionally be sanctioned with disqualification from holding public office, function or employment for the same period.

Whoever enters the national territory, without declaring at the respective customs office or without the import license, ammunition for firearms, commits the crime of illegal importation of ammunition for firearms.

The person liable for this crime shall be sanctioned with imprisonment of three (3) to five (5) years if the quantity is less than fifty (50) rounds of ammunition, and of five (5) to eight (8) years if the quantity is equal to or greater than fifty (50) rounds of ammunition, as well as forfeiture of the ammunition.

If the ammunition is of that classified in this Law for military firearms or for exclusive use of the Army of Guatemala, whatever the quantity, the penalty to be imposed shall be eight (8) to twelve (12) years of non-commutable imprisonment and forfeiture of the ammunition.

Whoever, without having prior export authorization from DIGECAM, exports weapons from the national territory commits the crime of illegal export of firearms. The person liable for this crime shall be sanctioned with five (5) to eight (8) years of imprisonment and forfeiture of the weapons.

The penalty shall be six (6) to ten (10) years of imprisonment and forfeiture of the weapons, if they are among those classified in this Law as military firearms or for exclusive use of the Army of Guatemala, military bladed weapons or for exclusive use of the Army of Guatemala, explosives, chemical, biological, atomic weapons, traps and experimental weapons.

A person commits the crime of illegal export of ammunition for firearms who, without prior export authorization issued by DIGECAM, exports ammunition of this type from the national territory, to transfer it to any other country.

The person liable for this crime shall be sanctioned with non-commutable imprisonment of two (2) to five (5) years and forfeiture of the ammunition.

If the ammunition is for weapons classified in this Law as war firearms or for exclusive use of the Army of Guatemala, explosives, chemical, biological, atomic weapons, war traps or experimental weapons, the penalty to be imposed shall be five (5) to eight (8) years of non-commutable imprisonment and forfeiture of the ammunition.

Whoever, without having due authorization from DIGECAM, sells firearms commits the crime of illegal sale of firearms.

The case contemplated in Article 61 of this Law is excepted.

The person liable for this crime shall be sanctioned with a penalty of five (5) to eight (8) years of non-commutable imprisonment and forfeiture of the weapons.

If the weapons sold are among those classified in this Law as weapons of war or for exclusive use of the Army of Guatemala, the penalty shall be eight (8) to twelve (12) years of non-commutable imprisonment and forfeiture of the weapons.

Whoever, without having due authorization from DIGECAM, sells ammunition for firearms commits the crime of illegal sale of ammunition.

The person liable for this crime shall be sanctioned with a penalty of five (5) to eight (8) years of non-commutable imprisonment and confiscation of the ammunition.

If the ammunition is for weapons classified as weapons of war or for the exclusive use of the Army of Guatemala under this Law, the penalty shall be eight (8) to twelve (12) years of non-commutable imprisonment and confiscation of the ammunition.

Commits the crime of illegal sale of explosives, whoever sells without the authorization of the Ministry of National Defense, any class of explosives determined in the present Law.

The person liable for this crime shall be sanctioned with a penalty of ten (10) to fifteen (15) years of non-commutable imprisonment and forfeiture of the explosives.

marked by DIGECAM. Commits the crime of possession

Whoever, without having the respective license from the DIGECAM, manufactures firearms commits the crime of illegal manufacture of firearms.

The penalty to be imposed shall be from five (5) to eight (8) years of non-commutable imprisonment and the forfeiture of the firearms, the instruments and manufacturing materials.

If among the manufactured weapons there are those classified in this Law as weapons of war or for exclusive use of the Army of Guatemala, the penalty shall be from eight (8) to twelve (12) years of non-commutable imprisonment and the forfeiture of the firearms, the instruments and manufacturing materials.

Whoever manufactures this type of weapons commits the crime of manufacture of makeshift or artisanal firearms.

The person liable for this crime shall be sanctioned with a penalty of six (6) to nine (9) years of non-commutable imprisonment and the forfeiture of the firearms, the instruments and manufacturing materials.

Whoever, without holding the respective license, manufactures ammunition for firearms of any type, commits the crime of illegal manufacture of ammunition for firearms.

The person liable for this crime shall be sanctioned with imprisonment of five (5) to eight (8) non-commutable years and forfeiture of the manufacturing instruments, materials and manufactured ammunition.

If the ammunition includes ammunition for military firearms or for the exclusive use of the Army of Guatemala, the penalty shall be eight (8) to twelve (12) years of non-commutable imprisonment and forfeiture of the manufacturing instruments, materials and manufactured ammunition.

Natural persons or legal persons who engage in the manufacture of bulletproof or armored vests, implements or apparel of this nature, shall have the authorization of the DIGECAM, in which shall be specified the number of bulletproof vests, implements or apparel manufactured, the security level thereof and, in due course and within a time limit of no more than forty-eight (48) hours, the name of the buyer, whether it is a natural person or legal person, who shall be identified with their personal identification document, their Tax Identification Number -NIT- and the other requirements established in the Regulation of this Law.

Natural persons or legal persons who engage in the sale of bulletproof vests, implements or apparel of this nature, shall have the authorization of the DIGECAM for the sale thereof. They shall record in a special book the name and identification of the buyer, the number of bulletproof vests, implements or apparel of this nature sold and the security level thereof and the other requirements established in the Regulation of this Law, and shall send monthly to the DIGECAM a complete report on the sales of bulletproof vests, implements or apparel of this nature made in the calendar month.

Whoever infringes these provisions shall commit the crime of illicit commercialization of bulletproof vests, implements or apparel of the same nature and shall be sanctioned with imprisonment of two (2) to four (4) years and confiscation of the merchandise.

Whoever, without having a license from DIGECAM, has in his or her possession one or more ammunition reconditioning machines for firearms commits the crime of illegal possession of an ammunition reconditioning machine for firearms.

The person liable for this crime shall be sanctioned with imprisonment of two (2) to five (5) years, non-commutable, and confiscation of the machines and materials.

Illegal possession of materials for the manufacture and/or reconditioning of ammunition for firearms. The crime of illegal possession of materials for the manufacture and/or reconditioning of ammunition for firearms is committed by whoever has in their possession special gunpowder and primers for such purpose, without having obtained a license from the DIGECAM.

The person liable for this crime shall be sanctioned with imprisonment of two (2) to five (5) years non-commutable and forfeiture of the materials.

Illegal possession of military firearms or firearms for the exclusive use of the Army of Guatemala or of the State security and public order forces, explosives, chemical, biological, atomic weapons, warfare traps and experimental weapons. Whoever has one or more weapons of this class without being authorized commits the crime of illegal possession of military firearms or firearms for the exclusive use of the Army of Guatemala or of the State security and public order forces, explosives, chemical, biological, atomic weapons, warfare traps and experimental weapons.

The person liable for this crime shall be sanctioned with imprisonment of ten (10) to fifteen (15) non-commutable years and forfeiture of the weapons.

Illegal possession of artisanal or homemade firearms, firearms with altered register number, firearms with erased number or not legally marked, non-commutable imprisonment and forfeiture of the firearms. Illegal possession of firearms with altered, erased or not legally marked register number, the person who has one or more firearms in any of the conditions mentioned.

The person liable for this crime shall be sanctioned with imprisonment of five (5) to eight (8) years, non-commutable, and forfeiture of the firearms.

If the firearms were those covered in this Law as artisanal or homemade firearms, the penalty shall be increased by one third.

Whoever has in his possession ammunition exclusive for firearms for exclusive use of the Army of Guatemala, anti-armor, explosive, incendiary or poisoned with chemical and natural products commits the crime of illegal possession of ammunition for firearms.

The person liable for this crime shall be sanctioned with imprisonment of five (5) to eight (8) non-commutable years and forfeiture of the ammunition.

Any person who, without having registered them with DIGECAM, has in their possession three (3) or more arms of this class commits the crime of illegal deposit of arms for civilian and/or sporting use.

The person liable for this crime shall be sanctioned with imprisonment of five (5) to eight (8) non-commutable years and forfeiture of the arms.

Illegal deposit of military firearms or firearms for the exclusive use of the Army of Guatemala or of the State security and public order forces, explosives, chemical, biological, atomic weapons, military booby traps and experimental weapons. Whoever has them in his possession, without being authorized by DIGECAM, commits the crime of illegal deposit of military firearms or firearms for the exclusive use of the Army of Guatemala or of the State security and public order forces.

Whoever has in his possession explosives, chemical, biological, atomic weapons, military booby traps and experimental weapons commits the same crime.

The person responsible for this crime shall be sanctioned with imprisonment of ten (10) to fifteen (15) years, non-commutable, and forfeiture of the weapons.

Whoever, without holding a license from DIGECAM, on a permanent or habitual basis, provides maintenance or repair to firearms not owned by that person, commits the crime of possession of an illegal gunsmith shop.

The person liable for this crime shall be sanctioned with imprisonment of three (3) to five (5) years, non-commutable, and confiscation of the firearms, without prejudice to the other crimes in which that person may incur.

Whoever, without holding a license from DIGECAM, transports or transfers firearms within the national territory commits the crime of illegal transport and/or transfer of firearms.

The person liable for this crime shall be sanctioned with non-commutable imprisonment of eight (8) to ten (10) years and forfeiture of the weapons.

The penalty to be imposed shall be non-commutable imprisonment of ten (10) to fifteen (15) years and forfeiture of the weapons, if they are among those classified in this Law as military firearms or for the exclusive use of the Army of Guatemala, explosives, chemical, biological, atomic weapons, military traps, experimental weapons, and when they are artisanal or homemade weapons.

Whoever, without holding the respective carrying or possession license from DIGECAM, transports and/or transfers fifty (50) or more rounds of firearm ammunition commits the crime of illegal transportation of firearm ammunition. The person liable for this crime shall be sanctioned with imprisonment of three (3) to five (5) years and forfeiture of the ammunition.

If the ammunition transported or transferred is ammunition for military firearms or for the exclusive use of the Army of Guatemala, whatever the quantity, such person shall be sanctioned with non-commutable imprisonment of five (5) to eight (8) years and forfeiture of the ammunition.

Whoever imports, exports, acquires, sells, delivers, transports or transfers any type of firearm, its parts, components or ammunition from or through the national territory to another State commits the crime of illicit trafficking of firearms or ammunition if:

a.If any of the States involved does not authorize it.

b.Without holding the respective license from the DIGECAM.

c.If the firearms have not been marked.

d.If the markings of the firearms have undergone falsification, suppression or unlawful alteration.

The person liable for this crime shall be sanctioned with imprisonment of ten (10) to twelve (12) non-commutable years and forfeiture of the weapons if they are those classified in this Law as for civil or sporting use.

If the weapons are those classified in this Law as weapons of war or for the exclusive use of the Army of Guatemala or of the security and public order forces of the State, explosives, chemical, biological, atomic weapons, war traps and experimental weapons, the penalty to be imposed shall be twelve (12) to eighteen (18) years of

Whoever transits firearms, their parts, components or ammunition through the national territory without the respective authorization from the DIGECAM commits the crime of illicit transit of firearms or ammunition.

The person liable for this crime shall be sanctioned with imprisonment of ten (10) to twelve (12) non-commutable years and forfeiture of the weapons.

If the weapons are among those classified in this Law as weapons of war or for the exclusive use of the Army of Guatemala, explosives, chemical, biological, atomic weapons, booby traps and experimental weapons, the penalty to be imposed shall be twelve (12) to eighteen (18) years of imprisonment, non-commutable, and forfeiture of the weapons.

Illegal carrying of bladed weapons for the exclusive use of the Army of Guatemala or of the State security and public order forces. Any person who carries weapons of this class commits the crime of carrying bladed weapons for the exclusive use of the Army of Guatemala or of the State security and public order forces.

The person liable for this crime shall be sanctioned with imprisonment of three (3) to five (5) years, non-commutable, and confiscation of the weapons.

Whoever, without a license from DIGECAM or without being legally authorized, carries firearms classified in this Law as for civil use, sporting use, or both classes, commits the crime of illegal carrying of firearms for civil and/or sporting use.

The person liable for this crime shall be sanctioned with imprisonment of eight (8) to ten (10) years, non-commutable, and forfeiture of the weapons.

Whoever carries in any manner makeshift or artisanally manufactured weapons commits the crime of illegal carrying of makeshift or artisanally manufactured weapons.

The person liable for this crime shall be sanctioned with imprisonment of ten (10) to fifteen (15) non-commutable years and confiscation of the weapons.

Illegal carrying of military firearms or firearms for the exclusive use of the Army of Guatemala or of the State security and public order forces. Whoever carries weapons of this class without authorization commits the crime of illegal carrying of military firearms or firearms for the exclusive use of the Army of Guatemala or of the State security and public order forces.

The person responsible for this crime shall be sanctioned with imprisonment of ten (10) to fifteen (15) years, non-commutable, and forfeiture of the weapons.

Illegal carrying of explosives, chemical, biological, atomic weapons, war traps and experimental weapons. Whoever carries military weapons of this class commits the crime of illegal carrying of explosives, chemical, biological, atomic weapons, war traps and experimental weapons.

The person liable for this crime shall be sanctioned with non-commutable imprisonment of twelve (12) to eighteen (18) years and forfeiture of the weapons.

Whoever fires a firearm without justified cause commits this crime.

The person liable for this crime shall be sanctioned with imprisonment of one (1) to three (3) years and forfeiture of the firearm or firearms. DIGECAM shall not grant a license to carry firearms for a period of three (3) years to whoever is found guilty of this crime.

Carrying of a firearm in a state of drunkenness or under the effects of drugs, narcotics or barbiturates. A person commits this crime who, in a state of drunkenness or under the effects of any type of drug prohibited by the Law, narcotics, barbiturates or under the effect of any substance that alters or diminishes his mental and/or volitional faculties, carries a firearm even while holding the respective valid license.

The person liable shall be sanctioned with a fine of one thousand (Q.1,000.00) to three thousand quetzales (Q.3,000,00) and suspension of the firearm carrying license for a time limit of one year.

In case of recidivism the fine shall be doubled and the firearm carrying license shall be definitively cancelled and forfeiture of the firearm or firearms.

In the event that this crime is committed, the security forces are obligated to remit to the competent judge the seized firearm or firearms and the firearm carrying license, for whatever may be appropriate according to the law.

Possession or carrying of a firearm with an altered or erased register number or not legally marked by DIGECAM. The person who possesses or carries one or more firearms in any of the aforementioned conditions commits the crime of possession or carrying of a firearm with an altered or erased register number.

The person liable for this crime shall be sanctioned with imprisonment of ten (10) to twelve (12) years, incommutable, and forfeiture of the firearms.

A person who, holding a license to carry a firearm, carries it without having the respective license with them, commits a misdemeanor, provided that it is valid. In this case the security forces shall verify with DIGECAM the validity of the license and shall collect the respective firearm or firearms, which shall be sent to DIGECAM within a time limit of no more than twenty-four (24) hours; the competent Judge shall decide within a time limit of no more than seventy-two (72) hours.

The judge hearing the case shall impose on the offender a fine of one thousand (Q. 1,000.00) to one thousand five hundred quetzales (Q. 1,500.00),

In case of recidivism the sanction shall be doubled and the Judge hearing the case shall retain the firearm for one (1) to three (3) calendar months, sending the firearm to DIGECAM as a deposit, where the owner may request its return in accordance with this Law.

Persons with a weapon carrying license shall carry it concealed and without ostentation.

A person who displays one or more weapons and/or their accessories, carrying them in a visible manner, commits the offense of ostentatious or intimidating carrying. The person liable for this offense shall be sanctioned with suspension of the carrying license for six (6) months and a fine of one thousand (Q. 1,000.00) to one thousand five hundred quetzales (Q.1,500.00).

If the violation indicated above is repeated once more, the competent judge may order the cancellation of the firearm carrying license for a period not exceeding one (1) year. If the offense is committed a third time, the corresponding judge may suspend the weapon carrying license for up to a period of three (3) years.

A person who has not paid the fines imposed by the competent judge may not renew the firearm carrying license.

Members of the State security and public order forces, of the Army of Guatemala and of private security service companies, when in the exercise of their functions, are excepted from this article.

A person who carries a firearm with an expired license, within thirty (30) days following its expiry, commits a misdemeanor.

The security forces shall collect the firearm or firearms and the license, which shall be placed at the disposal of the competent judge within the time limits established in this Law; the license and the firearm or firearms being forwarded to DIGECAM for deposit, where the owner or whoever is duly authorized for that purpose may claim them, in compliance with the requirements of this Law.

A fine of one thousand five hundred (Q. 1,500.00) to three thousand (Q.3,000.00) quetzales shall be imposed on the offender. In case of a repeat offense, the fine shall be doubled, forfeiture of the firearm or firearms shall be declared, and the carrying license shall be suspended for one (1) to three (3) years.

Whoever, without authorization from DIGECAM, installs or adapts places for shooting practice, whether for public or private use, commits the crime of clandestine construction of shooting ranges. The person liable for this crime shall be sanctioned with imprisonment of five (5) to eight (8) years.

Whoever modifies or transforms the mechanisms of firearms so that they can operate in a manner different from that for which they were designed commits the crime of illegal modification of firearms. The person liable for this crime shall be sanctioned with imprisonment of six (6) to eight (8) years, non-commutable, and forfeiture of the firearm or firearms.

Whoever orders the repair of or repairs, within an armory, firearms not registered with DIGECAM, shall be sanctioned with six (6) to eight (8) years of non-commutable imprisonment and one (1) to three (3) years of suspension of the corresponding license and forfeiture of the firearm or firearms.

In case of recidivism, the penalty shall be doubled, with definitive cancellation of the armory's license, closure and forfeiture of the corresponding firearms, materials and equipment of the armory.

Whoever, in the exercise of office or authority, fails to remit to DIGECAM, within the time limit indicated in this Law, weapons seized, confiscated or subject to forfeiture, or removes the weapon or weapons seized, confiscated or subject to forfeiture, shall be sanctioned with five (5) to eight (8) years of non-commutable imprisonment.

of Governance. The Executive Branch is empowered