FEDERAL LAW OF FIREARMS AND EXPLOSIVES (Mexico)
Translation by
David B. Kopel & Ruben Medardo Tapia,
Feb. 15, 2009.
Do not rely on this unofficial document for legal
advice. If you have questions about the law, consult a Mexican
government official.
This translation is based on the 2004 Mexican government
text.
(Here is the
prior, 1972, law in Spanish).
Some notes on
the translation: This is not an official translation. None of the
translators speak Spanish as their first language. Punctuation follows
the Spanish text, even when the punctuation does not comply with modern
English usage, such as the use of commas in places where modern English
would not use a comma. In general, this translation does not attempt to
rewrite the Mexican statute as if it were an American statute. Rather,
the attempt is to provide a translation of the Mexican statute into
English. For example, “la portación de armas” is often rendered by other
translators as “bearing arms” or “carrying arms,” to match modern
English usage. However, we have rendered the term as “the carrying of
arms,” which is a more literal translation, and preserves more of the
flavor of the Mexican text. Likewise, “requisites” is generally
translated as “requirements.” We instead sometimes translate it as
“requisites,” which, again, adheres more closely to the Mexican text.
The are few cases where we have had trouble with
a term or phrase, and are unclear about the meaning. Those are indicated
in [brackets]. Also in brackets are a few notes in which we provide
some additional information about a technical term. In the text,
(parentheses) are in the original statute. If you have any suggestions
for improvement of this translation, please send them to the e-mail
address in the right-most column on Kopel's
home page.
Firearms federal and explosives
Chamber of Deputies of House of Congress.
General Secretariat Jan. 23, 2004
Ministry of Parliamentary Services
Law federal of Firearms and explosives
New Law published in the Official Gazette on January 11, 1972
Existing Text
Last reform published Jan. 23, 2004
In accordance with the National government, which is to say: United
States of Mexico.-President of the Republic
Luis Echeverria Álvarez, Constitutional President of the United States
of Mexico, to his constituents, know:
That the Congress has directed me to execute the following:
Decree
The Congress of the United States of Mexico, decreed:
FEDERAL LAW OF FIREARMS AND EXPLOSIVES
FIRST TITLE
FIRST CHAPTER
General rules
Article 1st
The provisions of this Act are of public interest.
Article 2d
The application of this Law corresponds to:
I. The President of the Republic;
II The Secretary of the Government;
III. The Secretary of National Defense, and
IV. To the other federal authorities in the cases of their competence.
Article 3d
The authorities of the States, Federal Districts, and the
Municipalities, in their corresponding scopes of competence, will have
the intervention of this Law and its Regulations.
Article 4th
It is the Executive of the Union through the Secretaries of Government and
of
National Defense, according to the respective Law and Regulations, to
control all of the arms in the country, for which there shall be a
Federal Registry of Arms.
Article 5th
The Federal Executive, the Governments of the States, of the Federal
District and the City Councils, will make permanent educational
campaigns that induce the reduction of the possession, the carrying and
the use of arms of any type.
For reasons of public interest, only the advertising of sporting arms,
for cinematic or sporting purposes, is allowed, within the boundaries of
this Law.
Article 6th
The federal Laws or regulations on connected matters are supplementary
to this Law.
SECOND TITLE
Possession and Carrying
CHAPTER I
Preliminary provisions
Article 7th
The possession of any firearm shall be registered to the Ministry of
Defense, by the effect of its inscription in the Federal Registry of
Arms.
Article 8th
Not permitted is the carrying or possession of arms prohibited by the
Law or reserved for the exclusive use of the Army, Navy and Air Force,
save only in cases of exception mentioned in this Law.
Article 9th
People are allowed the possession or carrying, under the terms with the
limitations established by this Law, arms of the following
characteristics:
I. - Pistols of semiautomatic operation of caliber not superior to .380
(9mm.), however excepting pistol calibers .38 Super, .38 Commando, and
also in 9 mm. calibers the Mauser, Luger,
Parabellum and Commando, as well as similar models of the same caliber
of the excepted ones, of other brands.
II. - Revolvers in calibers not superior to .38 Special, with the
exception of the caliber .357 Magnum.
The farmers in cooperatives, cumuneros [? possibly an alternative
spelling of "comuneros", communal land owners] and day laborers of the field,
outside the urban zones, may posses and carry, with a single
declaration, one of the above-mentioned arms, or rifle of .22 caliber,
or a shotgun of whichever caliber, except of those of barrel length
shorter than 635 mm. (25), and those of higher caliber than 12 (.729 or
18.5 mm.).
III. - Those mentioned in Article 10 of this Law
IV. - Those that are integrated in collections of arms, by the terms of
Articles 21 and 22.
Article 10 [Note: in the original text, only Articles 1st-9th are
ordinal. Articles 10 and above are cardinal.]
The arms that can be authorized to sportsmen for shooting or hunting, to
possess in the home and to carry with a license, are the following:
I. - Pistols, revolvers and .22 caliber rimfire rifles.
II. - Pistols of .38 caliber for the purpose of Olympics shooting or
competition.
III. - Shotguns in all calibers and models, except those of barrel
shorter than 635 mm. (25), and those of caliber superior to 12 (.729 or
18.5 mm).
IV. -Shotguns of 3 barrels in the calibers authorized in the previous
section, with a barrel for metallic cartridges of distinct caliber.
V. - High-powered rifles, repeating or semiautomatic, not convertible to
automatic, excluding .30 caliber carbines and rifles, muskets and
carbines of caliber .223, 7 and 7.62 mm and Garand rifles in .30
caliber.
VI. High power rifles of calibers superior to those indicated in the
previous section, with special permission for use abroad, in hunting of
big game not existing in the national fauna.
VII. - The other arms of sporting characteristics in agreement with the
legal norms of hunting, applied by the Secretaries of State or
Organizations according to the national or international regulation of
shooting sports.
The persons who practice the sport of hunting can be authorized to have
revolvers of greater caliber than the ones indicated in the 9th article
of this Law, solely to complete their hunting attire, and having to
carry them unloaded.
Article 10 Second
The possession of cartridges corresponding to the arms that can be
possessed or carried is limited to the quantities that are established
in article 50 of this Law, for each arm registered in the Federal
Registry of Arms.
Article 11
The arms, munitions and material for the sole uses of the Army, Navy and
Air Force are the following:
a). - Revolvers in .357 Magnum and those superior to .38 Special.
b). - Pistols in the calibers 9 mm. Parabellum, Luger and similar, the
.38 Super and Commando, and the superior calibers.
c). - Rifles,
mosquetones [a firearm shorter than a rifle, e.g., the
1916 Mauser], carbines, and
tercerolas,
[a firearm shorter than a carbine, used by cavalry, e.g. the
1871 Remington,
1879
Remington, or the
Spencer repeater] in calibers .223, 7
mm., 7.62 mm. and .30 caliber carbines in all models.
d). - Pistols, carbines and rifles with burst-fire systems, sub-machine
guns, in all calibers.
e). - Shotguns with barrel of length less than 635 mm. (25), those of
caliber superior to 12 (.729 or 18.5 mm) and teargas launchers ["lanzagases"],
with exception of those for industrial use.
f). - The ammunition for the previous arms and cartridges with special
artifices like tracers, incendiaries, armor-piercing, smoke-producing,
expansion of gases [? expansivos de gases] and shells with loads superior to 00 (.84 cms. diameter) for shotguns.
g). - Cannons, artillery pieces, mortars and tanks with their
attachments, accessories, projectiles and ammunition.
h). - Projectile-rockets, torpedoes, grenades, pumps, mines, depth
charges, flame thrower and the like, as well as the apparatuses,
artifices and machines for their launching.
i). - Bayonets, sabers and lances.
j). - Ships, submarines, boats and seaplanes for naval warfare and their
armament.
k).- Aircraft of war and their armament.
l). - Devices of war, gases and chemical substances of exclusively
military application, and diverse inventions for use by the armed
forces.
In general, all the arms, the ammunition and materials destined
exclusively for the war.
Those of this function, by means of the justification of necessity, will
be able to be authorized by the Secretary of National Defense,
individually or to corporations, to those who hold jobs or positions for
the Federation, for the Federal District, for the States or the
Municipalities.
Article 12
The prohibited arms, by effect of this Law, are those listed in the
Penal Code for the Federal District in the Subject of the Common Law and
for all the Republic in the Subject of Federal Laws.
Article 13
Not considered as prohibited arms are utensils, tools or instruments for
working in the field or any office, art, profession or sport that have
well-known application for such, but their use is limited to the
premises or site in which the work or practice takes place.
When those instruments are carried by necessities of work or for the
exercise of a sport, it is necessary to demonstrate, according to the
case, these circumstances.
Article 14
The loss, theft, destruction, seizure or securing of to weapon that is
possessed or carried, must be disclosed to the Secretary of National
Defense, in the words and the channels established by the Regulations of
this Law.
CHAPTER II
Possession of arms in the home
Article 15
In the home it is allowed to posses arms for security and legitimate
defense of residents. The possession must be shown to Secretary of the
National Defense, by the registry.
Each arm must be registered.
Article 16
For the purpose of being able to possess arms, an individual must
declare a sole address of permanent residence for himself and his
family.
Article 17
Any person who acquires one or more arms, is obliged to register it with
the Secretary of National defense within thirty days. The registration
will be made in writing, indicating brand, caliber, model and serial
number if any.
Article 18
The public servants and chiefs of police federal, of the Federal
District, of the States and the Municipalities, are required to make the
registration referred to in the previous Article.
Article 19
The Secretary of the National Defense will have the authority to
determine in each case, what arms for shooting or hunting of the listed
ones in article 10, by their characteristics, can be possessed, as well
as the corresponding ammunition allowances. With respect to the hunting
arms, it will be required to have the opinion of the Secretaries of
State or Agencies that have authority.
The authorization requests should be made directly or by the conduit of
the Club or Association.
Article 20
The Clubs and Associations of the sports of shooting and hunting must be
registered by the Secretaries of the Government and of National Defense,
to effect compliance with the requisites listed in the Regulations.
Article 21
Natural persons or legal entities, public or private, may possess
collections or museums of antique or modern arms, or both, according to
permission of the Secretary of National Defense.
Also they will be able to have, with the same requisites, arms that are
prohibited by this Law, when they have value or cultural, scientific,
artistic or historical significance.
When in a collection or museum not assigned to a military institution of
the Nation, arms exist which are reserved for the exclusive use of the
Army, Navy and Air Force, there is required further authorization in
writing, of the respective department.
Article 22
Individuals who have collections of weapons must ask permission for
acquisition and possession of new arms destined to the enrichment of the
collection or of the museum, in writing.
Article 23
The weapons which form part of a collection may be sold altogether, or
individually, according to the terms of the dispositions of this Law and
with the prior the written permission of the Secretary National of
Defense given to competent authorities.
CHAPTER III
Cases, conditions, requirements and places for the carrying of arms
Article 24
In order to carry arms the respective license is required.
The members of the Army, Navy and Air Force are excepted from the
previous item, in cases and conditions listed in the applicable laws and
regulations.
The members of the institutions of police, federal,
state, Federal District and municipalities, as well as private security
services, may carry weapons according to the cases, conditions and
requirements established by the present law and other applicable laws.
Article 25
The licenses for carrying of arms will be of two classes:
I. - Particular; which must be revalidated every two years, and
II. - Official, which will remain valid for the duration of the office
or employment on which the license is based.
Article 26
The particular license for the carrying of arms will individuals for
private individuals, or collective for legal entities, and may be issued
when there is compliances with the following requirements:
I. In the case of private individuals:
A. Have an honest living;
B. Have completed the obligations of National Military Service;
C. Not have physical or mental impairment for the use of arms;
D. Not have been convicted of crimes committed with arms;
E. Do not uses drugs, enervating or psychotropic, and
F. Prove, at the discretion of the Secretary of Defense, the need to
carry arms for:
a) The nature of his occupation or employment, or
b) Special circumstances of the place where he lives, or
c) Any other justifiable reason.
There may also be issued particular licenses, for one or several arms,
for sporting activities, either shooting or hunting, only if those
involved are members of some registered club or association and meet
with the requirements set out in the first five paragraphs of this
section.
II. In the case of legal entities:
A. Being constituted in accordance with Mexican laws.
B. For private security services:
a) Have authorization to function as a private security service, and
b) Have the favorable opinion of the Secretary of the Interior of
justification of the need for the carrying of arms, and limits of number
and characteristics of the arms, as well as places of utilization.
C. As for other legal entities, when the circumstances warrant , in the
judgment of the Secretary of National Defense, for internal security
services and the protection of his installations; according to the
prescriptions, controls and supervision determined by the Secretary.
D. Prove that those who carry weapons comply with the provisions of the
first five points of Section I above.
With prior authorization from the Ministry of National Defense, the
title-holders of collective licenses, will be issued personal
identification credentials, which contain the dates on the collective
license and shall be renewed biennially.
The time limit for issuing individual and collective licenses will of
fifty working days, counted from the formal application.
Article 27
Foreigners may only be authorized to carry arms when, in addition to
satisfying the requirements listed in the previous article, prove their
quality as immigrants, except in cases of temporary licenses for
tourists for sporting purposes.
Article 28
(repealed).
Article 29
The official licenses for the carrying of arms can be collective or
individual.
I. The collective licenses can be issued to:
A. The federal departments and public agencies in charge of guarding
strategic facilities in the country.
The holders of collective licenses will be issued personal
identification credentials, which contain the dates on the collective
license and shall be renewed biennially.
B. Police institutions. These licenses will sees subject to the
following guidelines:
a) The institutions must comply with the applicable federal or local
laws.
b) The Secretary of the Interior Ministry will ask the Secretary of
National Defense to issue collective licenses to police institutions,
which will only be requested for people who are part of the operational
organization and are listed on the payroll; the Secretary should be
notified of any change in its workforce. The competent authorities will
resolve the application within the sixty days following the filing of
the application to the Secretary of the Government, and
c) The heads of police institutions, shall issue to the operational
staff, written in the registry established by the relevant law, the
personnel identification credentials, which during their period shall be
treated as individual licenses.
C. The holders of collective licenses shall regularly send to the
Secretary of National Defense, a report of the weapons in its
possession, duly correlated with its structure and operational
organization, listing the credentials and employment dates of the
persons who carry arms.
D. The competent authorities shall coordinate with the governments of
the States to obtain, with timeliness and accuracy, information
necessary for compliance with this law.
E. The Secretary of National Defense shall regularly inspect the
weapons, only for verification, without having any authority over
personnel.
II. Individual licenses shall be issued to those who hold office or
employment in the Federation or State Entities, for the implementation
of their required obligations, in the opinion of the competent
authority, to carry weapons.
III. The public servants referred to in this article shall also meet the
requirements in the first five paragraphs of section I of Article 26 of
this law.
Article 30
The Secretary of National Defense, with the exceptions noted in Article
32 of this Law, shall be responsible for the issuance, suspension and
cancellation of the licenses for carrying of arms, as well as his
registry, control and surveillance.
The Secretary will timely notify the Interior of the licenses which are
authorized, suspended or canceled.
Article 31
The licenses for carrying arms may be canceled, without prejudice to
application of resultant sanctions, in the following cases:
I. - When their possessors have misused the arms or the licenses;
II. - When their possessors have altered the licenses;
III. - When arms have been used outside of authorized places;
IV. - When an arm has been carried other than that covered by the
license;
V. - When the licensed arms had been modified from its original
characteristics;
VI. - When the issuance of the license was based on deception, or when
in the opinion of the Secretary of National Defense the reasons that
were taken into account in awarding the license no longer exist or for
supervening causes is no longer needed.
VII. - By order of competent authority;
VIII. - When the possessors change their domiciles without notifying the
Secretary of National Defense;
IX. - For noncompliance with the provisions of this Law, its Regulations
or those of the Secretary of National Defense which are issued based on
this Legislation.
The suspension of licenses to carry arms, shall proceed only if in the
opinion of the Secretary of the Interior it is needed to maintain or
restore the peace of people or regions.
Article 32
The Secretary of Government shall have the power for the issuance,
suspension and cancellation of individual licenses to carry arms of the
federal employees, of which he shall notify the Secretary of National
Defense for the purposes of inscribing the arms in the Federal Register
of Arms.
The Secretary of Government also has the power for the suspension and
cancellation of the credentials of identification issued by the
officials of the political institutions, under the protection of an
official collective license for the carrying of arms and which grants
rights to licensed individuals.
Article 33
The credentials of honorary agents or police or informers and similar
others do not empower them to carry arms, without the corresponding
license.
Article 34
The licenses to carry arms shall state that the territorial limits in
which they have validity. In the cases in which they are limited to
certain areas or determinate zones, they shall specify the area in which
they shall be valid.
Article 35
The licenses authorize only the carrying of arms listed by person for
whose name it is issued.
Article 36
It is prohibited to armed individuals to assist demonstrations and
public celebrations, deliberative assemblies, together with those on
controversies, any meeting that, for their purposes, has predictable
opposition tendencies, and, in general, any act which seeks results
obtained by the threat or uses of weapons; with the exception of the
parades and meetings for the sporting purposes of horsemanship, shooting
or hunting.
THIRD TITLE
Manufacture, Trade, Import, Export and Related Activities.
CHAPTER I
Preliminary provisions
Article 37
It is exclusively the authority of the President of the Republic to
authorize the establishment of manufacturers and sellers of arms.
The control and monitoring of the activities and industrial and
commercial operations carried out with arms, munitions, explosives,
devices and chemical substances, will be made by the Secretary of
National Defense.
The specific permits that are required for these activities will be
awarded by the Secretary of National Defense with the consent of the
Secretary of the Government and without prejudice to the powers falling
within the remit of other authorities.
Public federal departments and agencies carrying out these activities,
are subject to the laws that regulate them.
Article 38
The permits referred to in the previous article, do not relieve those
concerned from following the requirements laid down in other laws,
according to the nature of the activities.
Article 39
In the cases referenced in articles 37 and 38 of this Law, it is
required to conform to the local and municipal authorities respecting
the safety and location of the establishments concerned.
Article 40
Industrial and commercial activities related to arms, munitions,
explosives and to other objects regulated by this Law, are subject to
rules made by the Secretary of National Defense. When the material is
for the exclusive uses of the Mexican Navy, the activities will be
subject to the provisions of the Secretary of the Navy.
Article 41
The provisions of this title are applicable to all activities related to
arms, items and materials listed below:
I. – ARMS
a) . - All the permitted firearms plows permitted, contained in articles
9 and 10 of this Law;
b) . - Gas Weapons;
c) . - Industrial Cannons; and
d) . - The constituent parts of the previous arms.
II. - MUNITIONS
a) . - Ammunition and its constituent parts for the weapons mentioned in
the previous section;
b) . - The cartridges used in the tools setting anchors in the
construction industry and those whose functions use gunpowder.
III. – GUNPOWDER AND EXPLOSIVES
a) . – Gunpowder in all its compositions;
b) . - Picric acid;
c) . - Dinitrotoluene;
d) . - Nitrostarch;
e) . - Nitroglycerin;
f) . - Nitrocellulose: Fibrous type, moistened in alcohol, with a
maximum concentration of 12.2% nitrogen, with a minimum of 30% solvent.
Cubic type (dense-paste), with a maximum concentration of 12. 2%
nitrogen and having a minimum of 25% solvent;
g) . - Nitroguanidine;
h) . - Tetryl;
i) . - Pentrite (P.E.T.N.) or Pentaerythritol tetranitrate;
j) . - trinitrotoluene;
k) . - Fulminates of mercury;
l) . - Nitrides of lead, silver and copper;
m) . – Dynamites and amatoles;
n) . –
Lead styphnate;
o) . - Nitrocarbonites (explosives with ammonium nitrate);
p) . - cyclonite (R.D.X.).
q) . - In general, any substance, mixes or compound with explosive
properties.
IV. - DEVICES
a) . - Initiators;
b) . - Detonators;
c) . - Safety fuses;
d) . - Detonating cords;
e) . - Pyrotechnics.
f) . - Any instrument, machine or invention applied to the uses of
explosives.
V. - CHEMICAL SUBSTANCES ASSOCIATED WITH EXPLOSIVES
a) . - Chlorates;
b) . - Perchlorates;
c) . - Sodium metal;
d) . - Magnesium powder;
e) . - Phosphorus.
f) . - All those that alone or in combination are liable to be employed
as explosives.
Article 42
The specific permits referred to in article 37 of this Law, may be:
I. - General, those awarded to businessmen or persons who work for a
living in these activities permanently;
II. – Ordinary, which is issued in each case for the conduct of
mercantile transactions domestically or with foreign commercial
businesses, to the businesses with a current general permit in force,
and
III. - Extraordinary, which is awarded to those who have need to
effectuate any transaction to which this Title relates.
Article 43
The Secretary of National Defense may deny, suspend or cancel at his
discretion the permits referred to in the preceding article, when the
activities protected involve danger to the security of persons,
facilities, or may disrupt the public tranquility or order.
Article 44
The permits are nontransferable.
The general permits will have validity during the year in which they
expire, and can revalidated at the judgment of the Secretary of National
Defense.
The ordinary and extraordinary permits will have validity which is
indicated concretely in each case.
Article 45
The factories, industrial plants, workshops, shops and other
establishments that engage in activities regulated under this Title,
must meet the conditions of safety, technical operation, location and
production which are determined in the Regulations.
Article 46
(Repealed).
Article 47
(Repealed).
CHAPTER II
Of commercial and industrial activities and operations
Article 48
The general permits for the production, organization, repair and
connected activities with respect to arms, objects and materials that
this Title covers, include the authorization of the purchase of parts or
elements that are required.
Article 49
To sell to individuals more than one gun, dealers must have receive
special permission in advance.
Article 50
The dealers may sell to individuals only:
a) . - Up to 500 cartridges in .22 caliber.
b). - Up to 1,000 cartridges for shotguns or others that are loaded with
ammunition, new or reloaded, although they are of different calibers.
c) . - Up to 5 kilograms of gunpowder for reloading, canned or in
containers, and 1,000 pieces each of the constituent parts of shotgun
cartridges, or 100 bullets or constituent elements for cartridges for
other permitted arms.
d) . - Up to a maximum of 200 cartridges, for other permitted arms.
The Regulations of this Law, shall identify timelines for carrying out
new sales to the same person.
Article 51
The dealing of arms and cartridges for the exclusive use of the Army,
Navy and Air Force will be conducted by the official institution which
is indicated by the President of the Republic, and will be carried out
in the terms and conditions which are indicated by orders issued by the
Secretary of National Defense or the Secretary of the Navy, as
appropriate.
Article 52
The Secretary of National Defense has the power to establish, by means
of general administrative arrangements, terms and conditions regarding
the acquisition of arms and ammunition for branches and organizations of
the Federal Executive, of the states, of the Federal District and of the
municipalities, as well for as the individuals of authorized security
services or for sport activities of shooting and hunting.
Article 53
The dealing, donation or exchange of arms, ammunition and explosives
between individuals, require extraordinary permission.
Article 54
Those who lack permits under Article 42 of this Law and who need to
purchase quantities in excess of: five kilograms of gunpowder in cans or
containers, a thousand primers, or any quantity of explosives and
fireworks, must obtain authorization under the terms of this Law.
CHAPTER III
Of import and export
Article 55
The weapons, items and materials referred to in this Act which are
imported under permits ordinary or extraordinary, shall be put precisely
to the use stated in the said permit. Any amendment, change or
transformation that seeks to introduce a new use requires a new license.
Article 56
For the issuing of export permits for the arms, items or materials
mentioned, the interested party must certify to the Secretary of
National Defense, that he holds an import permit from the government of
the destination country.
Article 57
When the arms, items and materials of commercial import or export
business come under the control of the respective customs offices, the
interested parties will inform the Secretary of National Defense by its
designated representative involved in the customs office concerned,
without which condition it is not permitted to take them back to the
fiscal dominion ["dominio fiscal" ?] or to leave the country.
Article 58
Individuals who acquire weapons or ammunition
abroad, must apply for extraordinary permission from the fiscal
dominion.
Article 59
Temporary imports and exports of arms and ammunition from hunting
tourists and shooting sportsmen, must be covered by the corresponding
special permit, which sets out the conditions that must be complied with
in accordance the Regulations of this Law
CHAPTER IV
Of Transport
Article 60
General permits for any regulated activities in this title, include the
authorization for the transportation within the national territory, of
the arms, items and materials which are covered, but their holders are
subject to the relevant laws, regulations, and orders.
Article 61
Transportation which is based on permits issued by the Secretary of
National Defense to persons or merchants, to carry out one or several of
the activities listed in this title, shall comport with the safety
measures which are specified in the permits.
Article 62
The person or
business that owns general permits for the special transport of arms,
items and materials contained in this title shall require from its
senders, a certified copy of the permit they have been granted.
Article 63
The persons who
enter the country in transit, may not carry or acquire arms items or
materials mentioned in this title, without the corresponding license or
permit.
Article 64
When the Mexican
Postal Service accepts shipments of arms, objects and materials
mentioned in this title, it must demand the corresponding permit.
CHAPTER V
Of storage
Article 65
The storage of the
arms, objects and materials referred to in this title, will be
authorized as a complementary activity of the general permission
granted, or for specific persons or businesses.
Article 66
The arms, objects
and materials that are protect by the permits, can only be stored in the
quantities and premises authorized.
Article 67
The storage of
arms, objects and materials referred to in this Title, must be subject
to the requirements, tables of compatibility and distance-quantity
indicated by the Secretariat of National Defense.
CHAPTER VI
Of control and
monitoring
Article 68
Whoever has a
general permit, will have to render to the Secretary of National
Defense, within the first five days of every month, a detailed report of
their activities, in which is specified the turnover which occurred in
the previous month.
Article 69
The businesses
dedicated to the regulated activities in this Law, have the obligation
to give the facilities necessary to the Secretary National Defense to
practice inspection visits.
Article 70
In cases of
disturbance of the public tranquility, the correspondent authorities for
the application of this Law, will dictate within their scopes to
competence, the measures necessary to assure the strict fulfillment the
orders of suspension or cancellation of the permits.
Article 71
In cases of war or
disturbance of the public order, the factories, industrial plants,
workshops, warehouses and establishments that make, produce, organize,
repair, store or sells whatever arms, objects and materials referred to
in this Law, under previous agreement of the President of the Republic,
will come under the direction and control of the Secretary of National
Defense, in accordance with the legal orders that are issued.
Article 72
The Secretary
National Defense, when he estimates it necessary, will inspect the
security conditions of factories, industrial plants, workshops,
warehouses, munitions dumps and vehicles assigned to the activities to
referred to in this title.
Article 73
The permitees
referred to in this Title are obliged to comply with the measures of
information, control and security that are established by the Secretary
of National Defense, subject to this Law.
Article 74
The auctioning of
the arms, objects and materials mentioned in this Law is prohibited.
Excepted are administrators and judges, in which case, the respective
authorities will have to communicate it to the Secretary of National
Defense, so that he can designate a representative who attends the act.
The only bidders are the persons or business who have permission of the
Secretary of National Defense.
Article 75
In the case of
judicial or administrative awarding of the arms, objects and materials
referred to in this Law, the awardee, within the fifteen following days,
will have to ask for the corresponding permission to have such,
indicating the purpose that he intends for them.
Article 76
The holders of
general permits are obliged to conserve, for a term of five years, all
the documentation related to these permissions.
TITLE FOUR
Sanctions
ONLY CHAPTER
[Note: This chapter makes frequent
reference to "days of fines." This is a civil law practice in which a
fine is assessed as a fraction of a person's annual income. So if one
person makes income X, and a second person earns income 2X, and both
persons are penalized "three days of fines," the second person will pay
twice as much as the first person. Article 91 provides the
cross-reference for how "days of fines" are calculated in Mexico.]
Article 77
There will be
fines of ten to one hundred days for:
I. Whoever
possesses arms without having made the declarations of the same to the
Secretary of National Defense;
II. Whoever
possesses arms, cartridges or the ammunition in a non-authorized place;
III. Whoever
infringes arrangements in article 36 of this Law. In this case, in
addition to the sanction, the weapon will be secured, and
IV. Whoever has
cartridges in superior amounts to those which article 50 of this Law
refers.
To effectuate the
imposition of the administrative sanctions referred to in this article,
the case will be referred to notify the local administrative authority
which has the competence to impose police punishments.
Article 78
The Secretary of
National Defense, as well as the rest of authorities federal, state, of
the Federal District or municipal that perform security functions, will
gather the arms, being obliged upon receipt of correspondence, from all
those persons who carry them without license, without carrying it
himself [? "sin llever ésta consigo"], or from anyone having it, has badly
made use of the arms.
The confiscated
weapon will not be given to the interest holder, but only after previous
payment of ten days of fines and the exhibition of the license. The term
to exhibit the license will be of fifteen days. To effectuate the
payment of the fine above-mentioned, the infraction will be transferred,
as soon as possible, to the corresponding federal fiscal authority.
Article 79
When an arm is
secured or taken under the terms of the previous article, the civil
employee that takes it will have to inform immediately his superior, who
will inform the Federal Registry of Arms of the Secretary of National
Defense, as well as the other authorities established by applicable
legal orders, about the results that follow. If information is not
provided, the person in charge will have to cover the amount with ten
days fines.
It is comparable
to the crime of robbery described in article 367 of the Penal Code for
the Federal District in the subject of common law and for all the
Republic in the subject of federal law, and the same penalties will be
applied, when the public servant who secures or gathers a weapon does
not give it to his superior or, as the case may be, to the competent
authority.
Article 80
There will be
cancelation of the registration of the Club or Association of shooting
or hunting, that does not fulfill the obligations imposed by this Law
and its Regulations.
There will be
suspension of the license of carrying arms for the sport of shooting or
hunting, when the registration of the club or association to which the
license pertains has been cancelled, until the interested party files
another registration with the Secretaries of Government and of National
Defense, in agreement with article 20 and the last paragraph of article
26 of this Law.
The license will
be cancelled when the owner infringes the duties that are indicated by
this Law and its Regulations for him, or when he no longer belong to the
Club or Association of which he was a member.
Article 81
There will be
sanctions of two to seven years of prison and of fifty to two hundred
days of fines, for whoever carries an arm included in articles 9 and 10
of this Law without having been issued the corresponding license.
In cases involving
two or more arms, the corresponding penalty will be increased up to
two-thirds.
Article 82
There will be
imposed form one to six years of prison and from one hundred to five
hundred days of fines, on those who transmit the ownership of an arm
without the corresponding permission.
The transmission
of ownership of two or more arms, without permission, or the recidivism
in the conduct indicated in the previous paragraph, will be sanctioned
according to article 85 Second of this Law.
Article 83
Whoever without
the corresponding permission carries an arm of exclusive use of the
Army, Navy or Air Force, will be sanctioned:
I. With prison of
three months to a year and one to ten days of fines, when it concerns
one of arms covered in subsection i) of article 11 of this Law;
II. With prison of
three to ten years and fifty to two hundred days of fines, when
concerning arms covered in subsections a) and b) of article 11 of this
Law, and
III. With prison
of four to fifteen years and one hundred to five hundred days of fines,
when concerning the other arms covered in article 11 of this Law.
In cases involving
two or more arms, the corresponding penalty will be increased up to
two-thirds.
When three or more
people, members of a group, carry arms covered by section III of the
present article, the penalty corresponding to each one of them will be
increased to double.
Article 83
Second
Whoever without
the corresponding permission stockpiles arms, will be sanctioned:
I. With prison of
two to nine years and ten to three hundred days it fines, if the arms
are covered in subsections a) or b) of article 11, of this Law. In the
case of subsection i) of the same article, there will be imposed one to
three years of prison and of five to fifteen days of fines; and
II. With prison of
five to thirty years and one hundred to five hundred days of fines, if
any other of the covered arms in article 11 of this Law.
By stockpiling
must be understood the possession of more than five arms of those of
exclusive use of the Army, Navy and Air Force.
For the
application of the sanction by crimes of carrying or stockpiling arms,
the Judge will have to take into account the activity to which the
author was dedicated, its antecedents and the circumstances in which he
was stopped.
Article 83
Third
Whoever without
the corresponding permission possesses a weapon of exclusive use of the
Army, Navy or Aerial Force, will be sanctioned:
I. With prison of
three months to a year and one to ten days of fines, when the arms are
covered in subsection i) of article 11 of this Law;
II. With prison of
one to seven years and twenty to one hundred days of fines, when the
arms are covered by subsections a) and b) of article 11 of this Law, and
III. With prison
of two to twelve years and fifty to two hundred days of fines, when the
arms are any other covered in article 11 of this Law.
Article 83 4th
Whoever possesses
cartridges in greater amounts than allowed, will be sanctioned:
I. With prison of
one to four years and ten to fifty days of fines, if they are for the
arms that are covered in articles 9, 10 and 11, subsections a) and b),
of this Law, and
II. With prison of
two to six years and twenty-five to one hundred days it fines, if they
are for the arms that are covered in the remaining subsections of
article 11 of this Law.
Article 84
There will be
imposed five to thirty years of prison and of twenty to five hundred
days of fines:
I. To whoever
participates in the introduction to the national territory, in
clandestine form, of arms, ammunition, cartridges, explosives and
materials of exclusive use of the Army, Navy and Air Force or subject to
control, in agreement with this Law;
II. To the public
servant, who being required by his functions to prevent this
introduction, does not do it. In addition, there will be imposed the
forfeiture of the job or position and incapacitation to carry out any
position or public commission, and
III. To whoever
acquires the objects referred to in subsection I for mercantile aims.
Article 84
Second
Whoever introduces
to the national territory in clandestine form firearms that are not
reserved for the use of the Army, Navy and Air Force, there will be
imposed three to ten years of prison.
The resident
abroad who for the first time introduces a single arm of those
referenced in the previous paragraph, will have only administrative
sanction of two hundred days of fines and he will be given a receipt for
the arm. When the person leaves the country, the arm will be given back
to him upon presentation of the receipt.
Article 84
Third
The penalties
referred to in articles 82, 83, 83 Second, 83 Third, 83 Fourth, 84 and
84 Second of this Law will be increased up to half when the responsible
person is or has been the public servant of any police corporation,
member of any security service or member of the Army, Navy or Air Force
in retirement, reserve, or in active-duty.
Article 85
There will be
imposed two to ten years of prison and twenty to five hundred days of
fines on retailers of arms, ammunition and explosives, who acquire them
without verifying the legal origin of such.
Article 85
Second
There will be
imposed five to fifteen years of prison and one hundred to five hundred
days of fines:
I. To those who
make or export arms, ammunition, cartridges and explosives without the
corresponding permission;
II. To the
retailers in arms that without permission transmit the property of the
objects that subsection I refers to, and
III. To those who
have arms illegally which have been equipment for the federal bodies of
police, state or municipal or of the Army, Navy or Air Force.
Article 86
There will be
imposed three months to three years of prison and two to two hundred
days of fines, to those who without the respective permission:
I. Buy explosives,
and
II. Transport,
organize, repair, transform or store the objects referred to in this
Law.
The prison
sentence anticipated by this article will be increased to double when
the transport to referred to in subsection II is of the arms covered by
subsections a) or b) of article 11 of this Law.
If the transport
is of the arms covered in article 11 of this Law, except the ones
mentioned in subsection a), b) and i), the penalty will be of five to
thirty years of prison and twenty to five hundred days of fines.
Article 87
There will be
imposed a month to two years of prison and two to one hundred days of
fines, to those who:
I. Manage
industrial factories, plants, workshops, warehouses and other
establishments that are dedicated to the activities regulated by this
Law, without adjusting to the security conditions that are obligatory;
II. Send the
objects material to this Law, if the transport takes place by conduit of
non-authorized companies;
III. Make the
transportation that the previous section mentions, and
IV. Alienate
explosives, artifices and chemical substances related to explosives, to
businesses or people who do not have the corresponding permission of the
Secretary of National Defense.
Article 88
The arms material
to the crimes indicated in this chapter, will be seized to be destroyed.
Those of exclusive use of the Army, Navy and Air Force that will be sent
to these institutions, and those of historical, cultural, scientific or
artistic value are excepted, they will be sent to the Museum of Arms of
the Secretary of National Defense. The seized objects, explosives and
other materials will be applied to works of social benefit.
Article 89
For the infraction
of any of the norms of the present Law, independently of the sanctions
established in this Chapter, the Secretary of National Defense will be
able, in the terms that the Regulation indicates, to suspend or to
cancel the permissions that have been granted.
Article 90
Other infractions
to the present Law or its Regulations, not specifically anticipated,
will be able to be sanctioned with the penalty of one to two hundred
days of fines.
Article 91
For the
application of the pecuniary sanction of days of fines, it will be
arranged according to article 29 of the Penal Code of the Federal
District in the Subject of Common Law and to all the Republic in the
Subject of Federal Law.
TRANSITIONS
Article the
First
This Law will take
effect fifteen days after its publication in the Official Newspaper of
the Federation.
Article the
Second
Inasmuch as the
regulations of this Law are issued, they will be applied to relative
dispositions of the regulations in force that are not against to the
arranged thing in the same one.[?]
Article the
Third
At the 90th day of
the use of the present Law, the previous licenses of carrying arms will
be without effect. But within that term, the interested parties adjust
to the arrangements of this Law, their licenses will be revalidated.
Article the
Fourth
The societies
existing and in operation at the date of the present Law, will not be
affected in their constitution by the dispositions of the same law; but
if they wish to acquire other businesses or to install new industrial
units of those mentioned in article 46, they will require the permission
of the Secretary of Exterior Relations that, in cases which are resolved
to grant it, will only be able to be granted by means of the fulfillment
of the requirements anticipated for the new societies.
Article the
Fifth
Within the 90 days
following the effective date of this Law, commerce and industries will
have to adjust to the precepts of the same.
Article the
Sixth
All persons who
have one or more arms in their domicile, are obliged to show it to the
Secretary of National Defense, within a term of ninety days as of the
effective date of this Law.
Article the
Seventh
The corresponding
Regulations will indicate the form and terms in which the individuals
will have to show the arms that, having been allowed and already
registered as of the date of the publication of this Law, are reserved
for exclusive use of the Army, Navy and Air Force.
Eighth article
All orders
contrary to the present Law are repealed.
Mexico, DF, the
29th of December of 1971. - Victor Manzanilla Schaffer, S.P.-Juan Moisés
Calleja, D.P.-Juan Sabines Gutiérrez, S.S.-Mark Antonio Espinosa P,
D.S.-Titles.
In fulfillment of
the arrangement of section I of article 89 of the Political Constitution
of the Mexican United States and for their due publication and
observance, I issue the present Decree in the residence of the Federal
Executive authority, in the city of Mexico, Federal District, on the
thirtieth day of the month of December one thousand nine hundred
seventy-one. - Luis Echeverria Alvarez. - title. - The Secretary of
National Defense, Hermenegildo River basin Diaz. -Title. - The Secretary
of Interior, Mario Moya Palencia. - Title. - The Secretary of Outer
Relations, Emilio Or. Rabasa. - Title. - The Secretary of Navy, Luis M.
Brave Race. - Title. - The Secretary of Property and Public Credit, Hugo
B. Margáin. - Title. - The Secretary of the National Patrimony, Horacio
Flores of the Rock. - Title. - The Secretary of Industry and Commerce,
Carlos Torres Manzo. - Title. - The Secretary of Agriculture and Cattle
Ranches, Manuel Bernardo Aguirre. - Title. - The Secretary of
Communication and Transport, Eugene Méndez Docurro. - Title. - The
Public Work Secretary, Luis Enrique Bracamontes. - Title. - The
Secretary of Hydraulic Resources, Leandro Rovirosa Wade. - Title. - The
Secretary of Public Education, Brave Victor Ahuja. - Title. - The
Secretary of Health and Assistance, Jorge Jiménez Cantú. - Title. - The
Secretary of the Work and Social Security, Rafael Hernandez Ochoa. -
Title. - The Secretary of the Presidency, Hugo Cervantes del Rio. -
Title. - The Head of the Department of Agrarian Subjects and
Colonization, Augusto Gómez Villanueva. - Title. - The Head of the
Department of Tourism, Agustín Olanchea Borbón. - Title. - The Head of
the Department of the Federal District, Octavio Sentíes Gómez. - Title. |