Governor Jorginho Mello decided to veto Bill (PL) 129/2022, approved by the Legislative Assembly of Santa Catarina, which recognizes the risk of professional activity and the need for security guards of private security companies to carry firearms.

Private security guards are banned from carrying weapons – Photo: Information Disclosure/ND

In a decision published in the Official Gazette of the State, the Governor said that the LP is riddled with organic formal unconstitutionality as it interferes with the exclusive competence of the Union to enact laws on the ownership of firearms, thereby violating the Constitution of the Republic.

The governor followed guidance from the state Attorney General’s Office and the military and civilian police legal branches and recommended vetoing the bill outright.

In October, state legislators overwhelmingly approved the bill, which recognizes the risk of this activity and the need to carry weapons, including during off-duty time.

It is alleged that he simply recognized the need for the guard to carry it as he was trained in the use of firearms.

Changes to mask rules are being discussed in the Senate

The Senate is discussing Bill (PL) 3,713/2019, which amends the Disarmament Statute (Law No. 10,826 of 2003), which regulates the registration, storage and sale of firearms and ammunition.

The rapporteur on this issue in the Committee on the Constitution and Justice, Senator Alessandro Vieira (PSDB-SE), proposes to suspend the ownership of weapons in cases of domestic violence and to hold legal entities or individuals accountable for the diversion of arsenals.

Carrying a firearm is characterized as the owner’s movement of a loaded handgun in a ready-to-use condition outside of the home, agriculture, or workplace.

Carrying firearms is prohibited throughout the country, except as provided by law.

Although gun ownership is legal in Brazil for ordinary citizens, subject to gun sales and registration regulations, gun ownership is restricted to public safety professionals, military personnel, police officers, and private security agents.

The draft extends the permit to inactive members of the military and security forces, highway patrol agents, employees of public defenders’ offices, court officials, state and county legislative police, tax agents and auditors, among others.

The project also satisfies the requirement of municipal security guards to carry weapons without limiting the number of residents of the municipality, but this prerogative is subject to special training.