Brazil's Supreme Court overturns decree banning gun sales
October 19, 2000
Web posted at: 3:37 PM EDT (1937 GMT)


SAO PAULO, Brazil (AP) -- The Supreme Court has overturned
a nationwide ban on gun sales decreed earlier this year as
part of a government program to curb rising crime rates in
Latin America's largest country. 

Ruling on an appeal filed by the Liberal Social Party, the
court's 11 justices voted unanimously to overturn a June
21 decree that banned the issuing of gun permits through
the end of the year. The decree in effect imposed a
nationwide ban on firearm sales, because nobody can buy a
gun without a permit. 

"Criminals don't buy their weapons in gun stores," Chief
Justice Carlos Velloso told reporters in explaining the
court's ruling. He said the decree had no impact in
curbing crime in this nation where recent statistics say a
killing takes place every 13 minutes. 

The Supreme Court accepted the party's arguments that the
decree undermined the right to self-defense and violated
the constitution's free enterprise guarantees. 

The government issued the now-defunct decree as a stopgap
measure until a comprehensive gun-control bill that has
been stuck in Congress for months is approved. 

The bill would restrict possession of firearms to the
armed forces, police, private security personnel,
collectors and gun clubs, people in rural areas, and
private security agencies. 

Everyone else would have 360 days to turn in their guns
and ammunition. Those who return the guns will be
compensated, but the bill doesn't say by how much. Illegal
weapons would be confiscated. 

The decree was part of a major anti-crime package
introduced in June. Besides severely limiting gun sales,
the $1.7 billion National Security Law also includes the
hiring of 2,000 new federal agents, better training and
equipping of police forces and improved lighting in
neighborhoods across the nation. 

"The government did its part," Justice Minister Jose
Gregori said when told of the Supreme Court's decision.
"A ruling by the judiciary must be obeyed." He refused
to comment further. 

The country's two biggest arms manufacturers -- Taurus
and Rossi_ would not immediately comment on the Supreme
Court's decision.



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