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Guillermo Lasso modifies weapons law in Ecuador

Guillermo Lasso modifica ley de armas en Ecuador

Ecuadorian President Guillermo Lasso modified an executive decree that regulates the use of weapons to authorize civilians to have and carry weapons amid a strong wave of violence.

Lasso explained that he decided, also by presidential decree, to authorize the carrying of weapons for civilian use for personal defense within the framework of “a crossed security strategy” in which the Armed Forces will support the police on the streets.

According to the president, this is a necessary measure to confront organized crime, drug trafficking, and common crime.

The announcement came in the midst of an unstoppable sequence of kidnappings and murders that keep the public in suspense.

The possession and carrying of weapons was allowed until 2009, when then-President Rafael Correa abolished them indefinitely and prohibited private security guards from carrying weapons.

WHAT DOES THE DECREE SAY ABOUT THE CARRYING OF WEAPONS?

Ecuadorians are authorized to possess and carry weapons for civilian use for personal defense, as well as the use of pepper spray for the same use.

Permits to carry or possess firearms for natural and legal persons are valid for two and five years, respectively, and for their renewal the requirements established in a regulation must be met.

The new decree amends article 84 of the previous decree to add the mention: “Natural persons may have and carry weapons for civilian use for personal defense if they meet the following requirements.” It then lists the requirements in seven sections.

WHAT ARE THE REQUIREMENTS TO OBTAIN A CARRY OR OWNERSHIP PERMIT?

To process a permit, a minimum age of 25 years is required, certificates of psychological tests issued by the Ministry of Public Health, passing a training course in the use of weapons and obtaining a certificate of skill granted by the Ministry of National Defense. In turn, the user must not have been convicted of any criminal offense or reported for family violence and have no toxicological history.

WHAT WEAPONS CAN ECUADORIANS CARRY?

Authorized personal defense weapons are pistols up to 9mm caliber; semi-automatics with magazines of up to 10 rounds, revolvers up to 38 caliber, sawed-off shotguns from 10 to 410 caliber or their equivalents.

WHAT HAPPENS IF SOMEONE WITH A CARRYING OR POSSESSING PERMIT INJURES OR KILLS A PERSON?

He will be arrested and criminally prosecuted until he proves that he fired in self-defense or from a third party. To do this, it must be demonstrated that he was the victim of an unlawful assault or an unprovoked and unjustified imminent attack and that there was a rational need for defense. There must also be a balance between the level of aggression and the level of response.

In a trial these variables will be at the discretion of the judge.

HOW WILL WEAPON OWNERSHIP BE CONTROLLED?

Through a computer record. The presidential provision also established the prohibition of the artisan manufacture of weapons and their registration and possession.

FROM WHEN CAN PERMITS BE APPLICATED?

The authorities hope to draw up the necessary regulations for the carrying and possession of weapons within a maximum period of six months.

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