Federal Law of Firearms and Explosives (Mexico)

Translation by David B. Kopel, 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. /p>

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./p>

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 acomplementary 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.

 

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