The Ministry of Defense, through the General Directorate of National Mobilization (DGMN) controls weapons, explosives, fireworks, pyrotechnic articles and other similar elements, without prejudice to the functions of the Ministry of the Interior and Public Security in maintaining of public order, public safety, data processing and treatment, coordination and promotion of prevention measures, and control of violence related to the use of weapons.
What kinds of weapons are under control?
- The material for warlike use (weapons, ammunition, explosives or similar elements, built to be used in war by the Armed Forces; together with the means of land, naval and air combat, manufactured or specially equipped for this purpose).
- Firearms, whatever their caliber and their parts, devices and pieces.
- Ammunition and cartridges.
- Explosives for industrial, mining or other legitimate use, which requires authorization, as well as their parts and pieces, including detonators.
- Chemical substances that are essentially capable of being used for the manufacture of explosives or ammunition.
- Fireworks, pyrotechnic articles and other similar devices, together with their parts, devices and pieces.
- Weapons based on electrical pulsations, such as electric batons, or electroshock, and the like.
- The facilities for the manufacture, assembly, testing, storage or deposit of these elements.
What weapons or war artifacts are prohibited?
- Long guns whose barrels have been clipped.
- Automatic short weapons of any caliber.
- Fantasy weapons, which are hidden under a harmless appearance.
- Toy, blank, pellet, pellet or compressed air weapons, adapted or transformed to fire ammunition or cartridges.
- Weapons whose serial numbers are adulterated, erased or suppressed.
- Machine guns and sub machine guns.
- Submachine guns or any automatic or subautomatic weapon with greater destructive power or effectiveness, either due to its power, the caliber of its projectiles or its targeting devices.
- Artifacts manufactured on the basis of asphyxiating, paralyzing or poisonous gases; of corrosive substances or metals that, due to the expansion of their gases, produce splinters; implements intended for launch or activation; and incendiary devices.
- Any handcrafted weapon, or weapons transformed from their original condition.
- Special weapons, such as chemical, biological and nuclear weapons.
Excepted from these prohibitions, those who have been authorized by the DGMN, as well as the armed and police institutions.
How does the registration of weapons operate?
The DGMN only allows the registration of a weapon when, in its opinion, it presumes that whoever has it will do so in order to protect the declared site or place. This entity must keep the register of the registered weapons.
To request legal possession of a weapon, the DGMN has a permit form to carry security and protection weapons. In addition, knowledge of its handling must be proven, as well as physical and mental fitness, to which is added not having been convicted of a crime or simple crime or sanctioned by the law of domestic violence, among other requirements.
The weapon can only remain in the place authorized by the DGMN, except in the case of hunters or athletes, who can transport authorized weapons and ammunition, although they cannot carry them loaded on public roads.
Carabineros de Chile is the institution that controls that the registered weapon is in the residence that has been indicated.
What requirements must be met to register a weapon?
- Be of age. Minors who are registered as athletes and are duly authorized by their legal representative are excepted.
- Have a known address.
- Prove that you have the necessary knowledge on conservation, maintenance and handling of weapons, in addition to demonstrating physical and mental fitness compatible with the use of weapons (the regulations determine how to prove such skills).
- Present a background certificate to prove it.
- Not having been convicted of a crime or simple crimes.
- Not having issued an order for the opening of an oral trial or the opinion of a military prosecutor proposing a sanction against him.
- Not having been punished in the process of domestic violence.
- Not be subject to a personal precautionary measure, which prevents the possession, possession or carrying of firearms, ammunition or cartridges.
- No firearms registration had been canceled in the five years prior to the application.
For their part, hunters and athletes – after proof of their status as athletes – have a two-year transport permit, which in any case does not entitle them to carry loaded weapons on public roads.
Who can carry weapons?
People belonging to:
- Armed Forces (Army, Navy and Air Force).
- Police from Chile.
- Investigation police.
- Chilean Gendarmerie.
- General Directorate of Civil Aviation.
- Civilians who receive in qualified cases an authorization from the DGMN to carry small arms, for a maximum period of one year.
When is it allowed to carry a weapon?
To carry a weapon, it must first be duly registered. Therefore, no one can carry a weapon outside the place that they declared they want to protect with the same, whether it is a residence, workplace or another place. That is, if a person registered a weapon to protect their home, they cannot carry it outside of it.
Only authorities and institutions authorized by law can carry weapons permanently.
The General Directorate of National Mobilization can grant permits to civilians to carry weapons. This authorization will last a maximum year and will only entitle the beneficiary to carry a weapon. These authorizations will be registered in the National Arms Registry.
To what sanctions is the person who violates the Law on Arms Control exposed?
Some of the sanctions are:
Major prison in any of its degrees, for those people who organize, belong, finance, equip, instruct, incite or induce the creation and operation of private militia, combat groups or organized military parties (five years and one day to twenty years of presidio).
If these crimes are committed by officials of the Armed Forces or Public Order and Security, in retirement or active duty, the penalties will be increased by one degree.
People who carry firearms without permission will be sentenced to imprisonment for between 541 days and 10 years.
Those who possess spelled or modified weapons will be sentenced to prison for between 3 years and one day, and 10 years. However, there is an exception when the carrying of the weapons is to voluntarily hand them over to the authorities.
In turn, those who manufacture, assemble, modify or bring into the country weapons under control without authorization, risk a penalty of between 541 days and 15 years.
For carrying or possessing incendiary bombs (Molotov), the penalties range from 3 years to one day and 10 years.
Those who illegally possess, have or carry firearms, their parts, devices and pieces or explosives, including their parts, devices and pieces, detonators and other similar elements, will be punished with a minor prison in its maximum degree (3 years and one day to 5 years in prison).
What is the penalty for someone who gives a weapon to a minor?
The person who, having authorization to have weapons, delivers them to a minor, will receive the penalty of minor imprisonment in its minimum degree, that is, three years and one day to five years.
What punishment is given to those who shoot on the public highway?
Whoever unjustifiably shoots a firearm from or towards the public highway, public buildings or freely accessible to the public, or within or against means of public transport, sanitary facilities, storage or transportation of fuels, distribution facilities or generation of electrical, port, aeronautical or rail energy, including those of subways, or other places or similar objects, will be punished with the penalty of minor imprisonment in its maximum degree, that is, three years and one day to five years.
If the shooting occurred in another place, the penalty will be a minor imprisonment in its medium degree, that is, 541 days to three years. But if a weapon of war is fired, the penalty will be higher, up to ten years imprisonment for shooting in public places.
What penalty is assigned to the placing of bombs?
For the placement and activation of bombs or incendiary, corrosive, toxic or infectious devices from or to the public highway, in public buildings or freely accessible to the public, or within or against means of public transport, sanitary facilities, storage or transportation of fuels, of electricity, port, aeronautical or rail power generation or distribution facilities, including those of subways, or other places or similar objects, the sentence assigned will be of greater imprisonment in its medium degree, that is, ten years and one day to fifteen years in prison. The same penalty will be imposed on anyone who sends explosive, chemical, incendiary, toxic, corrosive or infectious letters or parcels of any kind.
Can those who commit crimes using weapons serve their sentence outside of jail?
The benefits of alternative compliance to jail, which is contemplated in Law No. 18,216, will not apply to those convicted of extortionate kidnapping, kidnapping for more than fifteen days or aggravated kidnapping (with serious damage to the victim, homicide, rape or serious injuries ), if the perpetrator (s) use firearms, ammunition, explosives, or prohibited flammable or asphyxiating chemicals.
Those who use these prohibited elements to commit child abduction, rape, parricide or homicide, must also serve effective prison sentences.
Neither will those who commit crimes of the Law of Control of Arms, such as the formation of irregular armed groups, will not benefit; the possession or manufacture of weapons without authorization; and the placement of bombs, among others.
What precautionary measure within the criminal process refers to the possession and carrying of weapons?
In a change to the Code of Criminal Procedure, a possible precautionary measure applied to the accused was incorporated, the prohibition to possess, have or carry firearms, ammunition or cartridges.
