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May 3, 2014Amended

Prohibition of Carrying Firearms, Ammunition, and Explosives in Tourist Zones

Poder Ejecutivo

  • Decree: 117-2012
  • Published: May 3, 2014
  • Issuing body: Poder Ejecutivo
  • Category: Criminal
  • Type: Other

Summary

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This law prohibits carrying firearms, ammunition, and explosives in Honduras's tourist zones, even if registered or authorized. Military, police, and authorized private security companies are exempt. The goal is to protect tourists and residents by improving security in tourist destinations.

Considerations

That the Constitution of the Republic in its article 59 establishes that the human person is the supreme purpose of society and the State. Everyone has the obligation to respect and protect it. Likewise, article 61 guarantees Hondurans and foreigners residing in the country the right to the inviolability of life, to individual security, to freedom, to equality before the law, and to property.

That the tourism sector has priority within the National Development Plan and it is advisable to adopt measures that allow the organs and entities of the sector to fulfill their specific functions efficiently and effectively in order to contribute to the economic and social development of the country, within the economic policies approved by the Government, collected through Executive Decree PCM-No. 011-2014 dated May 3, 2014, the tourism sector was declared as a priority sector for the social and economic development of the country.

That in accordance with article 2 of the Law for the Control of Firearms, Ammunition, Explosives and other similar items contained in Decree No. DN-2000 of April 11, 2011 and published in the Official Gazette La Gaceta on June 29 of that same year, the application of this Law corresponds to the Executive Power through the State Secretariat in the Office of Security, as well as to maintain peace and internal security of the Republic in accordance with article 254 immemorial 5 of the Constitution of the Republic.

That in case of alteration of public tranquility, the authorities to whom the application of the Law cited in the preceding recital corresponds shall take, within the scope of their competence, measures to ensure strict compliance with it, including the suspension or immediate cancellation of permits.

That the "ratio legis" of the legislator in sanctioning the illegal possession and carrying of weapons is the protection of the community, the defense of society and public order; to prevent the misuse that could eventually be made of firearms given the lethal potential that characterizes them, which makes a permissive and indiscriminate possession eminently dangerous and unavoidable.

That security implies the regulation of society's behavior through normative provisions of public order, with the objective of guaranteeing the maintenance of peace as well as prevention and prosecution actions executed by the entities that make up the justice and security sector of the State, therefore, it is necessary to issue provisions for the State to effectively control the possession, registration, and illicit carrying of firearms in the hands of private individuals. In this sense, disarmament is ordered for the purposes of safeguarding peace, coexistence, citizen and institutional security, as well as the physical integrity of persons and their properties.

That through Decree 117-2012, dated August 2, 2012 and published in the Official Gazette La Gaceta on August 7 of that same year, article 37 of the Law for the Control of Firearms, Ammunition, Explosives and other similar items was reformed by addition in the sense of prohibiting the carrying of firearms throughout the national territory, specific regions or subregions thereof. Honduran Tourism Institute, Executive Decree PCM-011-2014 and Agreement 312 dated November 29, 1982.

Amendments

Articles

Article 1.-

It is prohibited in the tourist zones of the national territory, the carrying of any firearm, ammunition, explosives and similar items even if registered or with permission for their carrying, both in public places and the transportation of the same, this measure being adopted in the first instance in the Department of the Bay Islands, and necessarily in each of the tourist zones and other zones according to the priority indicated by the National Defense and Security Council with the participation of the Honduran Tourism Institute. In the case of the Department of the Bay Islands, an identification and disarmament control shall be carried out at the exit points of passenger transportation, whether private or public, from mainland or between the Islands.

Article 2.-

Excepted from this provision are the State Defense and Security bodies and commercial enterprises that for the operation of their commercial activity require private security services, which must be limited solely to the premises where such activity is conducted or in the exterior part up to five (5) meters outside the perimeter of the property. Companies that provide private security and illicit asset transportation services must have authorization from the National Interinstitutional Security Force at its Departmental headquarters.

Article 3.-

When the private security service requires movement through the tourist zone, it must be duly authorized by the National Interinstitutional Security Force, at its respective departmental headquarters, and must carry such authorization visibly displayed on the vehicles used for that activity.

Article 4.-

This Decree is of immediate execution and must be published in the Official Gazette. Given at the Presidential House, in the city of Tegucigalpa, Municipality of the Central District, on the eighth (08) day of the month of July of the year two thousand fourteen (2014). BE IT COMMUNICATED. JUAN ORLANDO HERNÁNDEZ ALVARADO CONSTITUTIONAL PRESIDENT OF THE REPUBLIC JORGE RAMÓN HERNÁNDEZ ALCERRO SECRETARY OF GENERAL GOVERNMENT COORDINATION ROBERTO ZACAPA SECRETARIAT OF THE PRESIDENCY, BY LAW RIGOBERTO CHANG CASTILLO SECRETARIAT OF HUMAN RIGHTS, JUSTICE, GOVERNANCE AND DECENTRALIZATION MIREYA DEL CARMEN AGÜERO TREJO SECRETARIAT OF FOREIGN AFFAIRS, AND INTERNATIONAL COOPERATION DILCIA AGUIRIANO SECRETARIAT OF STATE IN THE OFFICE OF ECONOMIC DEVELOPMENT, BY LAW LISANDRO ROSALES BANEGAS SECRETARIAT OF DEVELOPMENT IN THE OFFICES OF DEVELOPMENT AND SOCIAL INCLUSION ALEJANDRA HERNÁNDEZ SECRETARIAT OF STATE IN THE OFFICE OF SECURITY, BY LAW SAMUEL ARMANDO REYES SECRETARIAT OF STATE IN THE OFFICE OF DEFENSE EDNA YOLANI BATRES SECRETARIAT OF STATE IN THE OFFICE OF HEALTH MARLON ONIEL ESCOTO VALERIO SECRETARIAT OF STATE IN THE OFFICE OF EDUCATION CARLOS ALBERTO MADERO ERAZO SECRETARIAT OF LABOR AND SOCIAL SECURITY JACOBO PAZ BODDEN SECRETARIAT OF STATE IN THE OFFICES OF AGRICULTURE AND LIVESTOCK JOSÉ ANTONIO GALDAMES SECRETARIAT OF STATE IN THE OFFICES OF NATURAL RESOURCES, ENVIRONMENT AND MINES CARLOS M. BORJAS SECRETARIAT OF STATE IN THE OFFICE OF FINANCE, BY LAW

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Notes

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