Decree-101-2018

PURPOSE OF THE LAW. The purpose of this Law is to control and regulate the activities of importation, exportation, registration, transit, transportation, transfer, distribution, custody, commercialization, intermediation, use, storage, manufacture, illicit manufacture, trafficking, illicit trafficking, modification, repair and reloading of firearms, ammunition, explosives and related materials, as well as the ownership, possession, carrying and use of these. Its provisions are of public order, applicable throughout the national territory, and are derived from the regulations contained in Article 292 of the Constitution of the Republic, Article 238 of Decree No. 39-2001 dated April 16, 2001, which contains the Constitutive Law of the Armed Forces and the legal provisions related to the preservation of public order, the effectiveness of authority and the fulfillment of State commitments assumed in international treaties and conventions linked to the subject matter of this Law. The possession, use and handling of firearms, ammunition, explosives and related materials, as well as the operation of the establishments designated by this Law, must only be carried out by Honduran natural and legal persons, through official authorization, except for the exceptions that this Law determines.

OBJECTIVES OF THE LAW. The objectives of this Law are:

• 1)

  To establish a System of Control and Registration of Firearms, for the purpose of combating the illegal use of firearms, ammunition, explosives and related materials that are unregulated, undeclared and those with unauthorized uses and those of irregular origin or manufacture, as well as maintaining a registry of stolen firearms and those involved in crimes, establishing tracing mechanisms that permit identification at any time of the origin, ownership, carrying, use and destination of the regulated objects;

• 2)

  To establish control of the persons authorized to possess, use and operate firearms, ammunition, explosives and other related materials;

• 3)

  To establish by Law the control and designate the activities authorized to persons that operate or use firearms, ammunition, explosives and related materials;

• 4)

  To carry out the removal of surplus controlled materials that are in the possession of State Institutions and the destruction of all material whose use is not permitted under this Law;

• 5)

  To prevent inadequate and irresponsible use of firearms through information, training and corrective measures, to reduce armed violence and the social and economic damage it causes;

• 6)

  To establish sanctions for misuse and non-compliance with the regulations established in this Law;

• 7)

  To promote campaigns in the community for responsible conduct regarding the use of firearms and ammunition, explosives and related materials regulated by the Law; and,

• 8)

  To establish that the purchase, importation and exportation of firearms, ammunition, explosives and related materials, for the use of State institutions, is reserved and may only be carried out by the State of Honduras, directly with manufacturers without intermediaries in Honduras and abroad.

CONTROL OF FIREARMS, AMMUNITION, EXPLOSIVES AND RELATED MATERIALS. The control system established in numeral 1) of the preceding Article comprises the tracing of firearms, ammunition, explosives and related materials, through:

• 1)

  A system of registers, on the ownership, carrying, use, ballistic impressions, stolen weapons, seized weapons, destroyed weapons and other regulated materials;

• 2)

  Police operations for registration of persons, vehicles, real estate, customs surveillance and the follow-up corresponding to stolen weapons and others in an illegal situation;

• 3)

  Actions of national defense, derived from the provisions established by this Law and actions that it promotes;

• 4)

  Police actions at the international level linked to agreements and treaties for the detection of smuggling and in general to prevent, combat and eradicate the illicit manufacture and trafficking of firearms, ammunition, explosives and other related materials, as well as other actions or mechanisms of international cooperation for said purpose;

• 5)

  The registration of weapons, ammunition, explosives and other regulated materials that enter the country or are exported and those that are produced internally; and,

• 6)

  To establish the registry of destroyed and exported weapons. The Armed Forces, the National Police and other Security institutions, penitentiary establishments, municipal police forces and other State institutions that operate with firearms, are comprised in the control system established by this Law and in matters not provided for herein, in the legal provisions applicable to their organization and operation. In the case of weapons belonging to the Armed Forces, the Registry shall be made on a specialized database that will operate in the Secretariat of State in the Office of Defense, keeping information on the projectile, which must be interconnected with the Registration System of the National Police which must be available to the competent authorities at the request of the Public Ministry. The use of weapons and ammunition by private individuals is only permitted for the purposes of protection and preservation of the lives of persons, their patrimonial assets, the inviolability of the home, privacy and family dignity. The use of weapons and ammunition for sports purposes, collection, private and official security, is permitted under special regulations established in this Law. The use of explosives is permitted to properly authorized private individuals, only in mining work, execution of public and civil works, agricultural works, emergency management and other activities of similar nature that require explosives for the removal of geological material and debris, as well as those used in pyrotechnic displays. Similarly, the provisions contained in this Law shall be applied to the control of any material or substance that serves for the manufacture, activation and detonation of explosives. CHAPTER II GENERAL PRINCIPLES

GENERAL PRINCIPLES. The general principles of this Law are:

• 1)

  Anticipation: Every activity to be carried out with controlled material must enjoy prior authorization;

• 2)

  Correspondence: Consists in that every authorization, license or permit must maintain adequate correspondence with the purpose that determined its grant;

• 3)

  Exclusivity: It is the exclusive faculty granted to the Armed Forces for the manufacture, importation, distribution and sale of firearms, ammunition, explosives and other related materials;

• 4)

  Individualization: Consists in that every object, subject and authorized activity must be identifiable and individualizable;

• 5)

  Non-transferability: Consists in that every authorization, license, permit of firearms, ammunition, explosives and related materials, is for exclusive use of the subject to whom the authorization was issued that at that time requested it. Likewise, controlled materials are non-transferable without prior authorization from the corresponding authority;

• 6)

  Justification and Concreteness: Every request to develop an activity with firearms, ammunition, explosives and related materials, must justify the current, concrete and verifiable need for its grant;

• 7)

  Marking: It is the identification procedure for official weapons;

• 8)

  Non-Recirculation: Consists in that all firearms, ammunition, explosives and related materials seized, declared surplus or voluntarily delivered to the State, must be destroyed;

• 9)

  Prohibition: Determines that the use and performance of any act with firearms, ammunition, explosives and related materials without proper legal authorization is prohibited. All material or activity that is not expressly authorized is prohibited;

• 10)

  Proportionality/Reciprocity: Has as its purpose the preservation of the balance and control of the force or firepower permitted to private individuals, in relation to the force or firepower permitted to the authority;

• 11)

  Restrictivity: Principle that indicates that the requirements and details of this Law must be interpreted with restrictive criteria, so that the granting of authorizations is of an exceptional character;

• 12)

  Revocability: It is understood that every authorization, license or permit remains subject to revocation in case the terms of its grant are not respected or if its revocation is necessary for reasons of public safety, foreign policy or national defense;

• 13)

  Security: Every authorization, license or permit is granted under the criteria of strict compliance with the objectives established in this Law in order to contribute to the preservation of public order and national security;

• 14)

  Temporality: Every authorization, license or permit is granted for a limited period of time or for the execution of a determined act;

• 15)

  Traceability or Tracing: Permits knowing at any time through registral information, police actions and intelligence, the sequence of the weapon, ammunition or explosives from its manufacture, including origin, commercialization, sale and destination; and,

• 16)

  Universality: Consists in that every request and measure is considered and disposed of objectively, without discrimination by position or office, except for contrary indication in Law. CHAPTER III COMPETENT BODIES

SECRETARIAT OF STATE IN THE OFFICE OF NATIONAL DEFENSE. It corresponds to the Secretariat of State in the Office of National Defense, the following control activities:

• 1)

  To ensure compliance with the provisions regarding the manufacture, importation, distribution and sale of firearms, ammunition, explosives and related materials; and, to execute insofar as it corresponds the policy adopted by the State in relation to the carrying, possession and control of firearms, ammunition, explosives and related materials;

• 2)

  To oversee the operation of a system of registers of the sales of firearms, ammunition, explosives and related materials imported or existing in the country, in the following aspects:

  • a)

    To verify, perform and register the marking on weapons;

  • b)

    To verify that all sales of weapons performed correspond to persons that obtain the corresponding license of the weapons that this Law permits to private individuals; and, c) Registry of sale and use of firearms, ammunition, explosives and related materials.

• 3)

  To authorize the operation of establishments that repair or use weapons or their accessories for instruction purposes;

• 4)

  Jointly with the Secretariat of State in the Office of Security, to promote the processes of destruction of weapons, their legal disablement and to perform the registry of such acts, following expert assessment by the corresponding authority. For such purposes, budgetary conditions must be created to generate incentives that promote the voluntary delivery of prohibited weapons, for their subsequent destruction;

• 5)

  To ensure that the sale of weapons is made to persons who meet the requirements designated by this Law;

• 6)

  To establish security measures for the transportation, handling, storage and use of firearms, ammunition, explosives and related materials, in own warehouses and authorized establishments;

• 7)

  To perform inspections on the persons and establishments authorized in the regulated activities they carry out;

• 8)

  To authorize, perform or control, as appropriate, the transportation of firearms, ammunition, explosives and related materials in the national territory;

• 9)

  To supervise the establishments that this Law permits to operate, including the one corresponding to the sale of firearms, ammunition, explosives and related materials;

• 10)

  To provide storage service for weapons intended to be destroyed, or to be maintained in temporary storage for other reasons;

• 11)

  To coordinate interinstitutional actions to achieve the objectives of this Law and to integrate into the shared information system in the phases of the process of control of firearms, ammunition, explosives and related materials, as determined by this Law;

• 12)

  To apply the framework of administrative sanctions that this Law contemplates as appropriate;

• 13)

  To maintain statistical records, documentation of information on the inventory of firearms, ammunition, explosives and related materials located in the country and the conditions, uses and incidents of said materials in the social, economic activity and the State institution to preserve the rational balance of force;

• 14)

  To establish mechanisms of control jointly with the National Police to ensure the non-circulation among private individuals of firearms whose use corresponds strictly to the Security Institutions of the State of Honduras in accordance with their institutional attributions and the provisions contained in Article 292 of the Constitution of the Republic;

• 15)

  To maintain a special registry and ballistic control of weapons belonging to the Armed Forces duly authorized, for which it must have a digital system with sufficient capacity which must be made available to the authorities; and,

• 16)

  Others established by Law.

ORGANIC FRAMEWORK. For the purpose of complying with the attributions designated in this Law, the Secretariat of State in the Office of National Defense, must designate a Unit of Control of Firearms, Ammunition, Explosives and Related Materials, which must be organized in the following manner:

• 1)

  Direction and Sub-direction;

• 2)

  Section of Control and Specialized Services of Firearms and Ammunition;

• 3)

  Section of Control and Specialized Services of Explosives and related materials; and,

• 4)

  Others that are necessary for the fulfillment of its functions.

REQUIREMENTS TO BE DIRECTOR AND SUB-DIRECTOR OF THE UNIT OF CONTROL OF FIREARMS, AMMUNITION, EXPLOSIVES AND RELATED MATERIALS. The requirements to be Director and Sub-Director of the Unit of Control of Firearms, Ammunition, Explosives and Related Materials, are the following:

• 1)

  To be Honduran by birth;

• 2)

  To be a citizen in the exercise of his rights;

• 3)

  To be an Active Superior Officer in the rank of Colonel or General of the Armed Forces, university professional in the military sciences, preferably with training and experience in the area of criminalistics, ballistics or specialist in controlled materials according to this Law; and,

• 4)

  To submit to the respective selection process and pass the confidence evaluation tests, in accordance with Law.

SECTION OF CONTROL AND SPECIALIZED SERVICES OF FIREARMS AND AMMUNITION. The Section of Control and Specialized Services of Firearms and Ammunition, performs the following activities:

• 1)

  In coordination with "The Armory", to perform before the Secretariat of State in the Office of Security the registries of firearms, ammunition, accessories or related materials that enter the country;

• 2)

  To manage the granting of licenses that correspond to the activity handled by the Single Window System;

• 3)

  To ensure the quality, origin and legality in the firearms, ammunition, accessories or related materials that enter the country;

• 4)

  To supervise every day of destruction of firearms, ammunition and related materials that is performed in the country;

• 5)

  To control the sale of ammunition, its brands and characteristics to be acquired exclusively by persons that have current licenses;

• 6)

  To report to the competent authority the loss or theft of firearms and ammunition of its property or under its custody and care;

• 7)

  To procure information from Intelligence Units, on international transfers of firearms, ammunition and related materials to define its actions;

• 8)

  To supervise and inspect firearms repair workshops and to authorize and inspect establishments regulated by this Law;

• 9)

  To control and supervise the plans and guides of transportation of firearms, ammunition and accessories or related materials;

• 10)

  To control and supervise the plans of storage of firearms, ammunition and accessories or related materials intended for destruction or that for other reasons demand temporary storage;

• 11)

  To guarantee the regionalization at the national level of the provision of the services that in accordance with this Law correspond to it;

• 12)

  To conduct investigations of the social effects generated by the activity developed; and,

• 13)

  Other activities necessary to achieve the objectives of this Law in what respects firearms, ammunition and their accessories that are established by Law.

REQUIREMENTS TO DIRECT THE SECTION OF CONTROL AND SPECIALIZED SERVICES OF FIREARMS AND AMMUNITION. The requirements to direct the Section of Control and Specialized Services of Firearms and Ammunition, are the following:

• 1)

  To be Honduran by birth;

• 2)

  To be a citizen in the exercise of his rights;

• 3)

  To comply with the requirements established in this Law for the granting of licenses related to the use and carrying of weapons;

• 4)

  To be an officer of the Armed Forces of the active senior scale, preferably with training and experience in the area of criminalistics, ballistics or specialist in related materials according to this Law; and,

• 5)

  To submit to the respective selection process and pass the confidence evaluation tests.

SECTION OF CONTROL AND SPECIALIZED SERVICES OF EXPLOSIVES. The Section of Control and Specialized Services of Explosives, has the following attributions:

• 1)

  To maintain the system of registration of all explosive material and its accessories that enter the country;

• 2)

  To grant licenses that correspond to the activity administered by this Section;

• 3)

  To ensure the quality, origin and legality of all explosive material that enters the country;

• 4)

  To supervise every day of disabling and destruction of explosives that is performed in the country;

• 5)

  To develop coordination activities with Intelligence Units, on illegal international transfers of explosive materials;

• 6)

  To supervise authorized pyrotechnic display factories;

• 7)

  To supervise periodically persons authorized for the handling of explosives and related materials as provided by this Law;

• 8)

  Authorization of plans and guides of transportation of explosives and related materials;

• 9)

  Control and supervision of plans for storage of explosives and related materials;

• 10)

  To issue opinions regarding the use, storage and possession of explosives and related materials requested by State entities, or previously authorized private entities;

• 11)

  Periodic evaluation of surpluses, as well as the collection and destruction of damaged or expired explosives, including those that are property of the State of Honduras;

• 12)

  Supervision and protection of scenarios and places that have been declared free of explosives and related materials, by the competent authority; and,

• 13)

  Other activities necessary to achieve the objectives of this Law in what respects explosives and related materials.

REQUIREMENTS TO DIRECT THE SECTION OF CONTROL AND SPECIALIZED SERVICES OF EXPLOSIVES AND RELATED MATERIALS. The requirements to direct the Section of Control and Specialized Services of Explosives and Related Materials, are the following:

• 1)

  To be Honduran by birth;

• 2)

  To be a citizen in the exercise of his rights;

• 3)

  To be an Officer of the Armed Forces of the active senior scale, preferably with training and experience in the area of explosives and related materials controlled according to this Law; and,

• 4)

  To submit to the respective selection process and pass the confidence evaluation tests, in accordance with Law.

ORGANIC PROHIBITIONS. The person who cannot direct the Unit of Control and its respective sections is the one who:

• 1)

  Has been convicted of an intentional or negligent crime;

• 2)

  Is under a formal prosecution order;

• 3)

  Is a contractor of the State of Honduras;

• 4)

  Is a relative within the fourth degree of consanguinity and second of affinity of those who are or may become his immediate superiors and his substitutes by Law;

• 5)

  Is in arrears with the public or municipal treasury;

• 6)

  Has been sanctioned for very serious administrative fault;

• 7)

  Is owner or partner of any Private Security Services company and other establishments regulated by this Law. This prohibition is extended to those who are relatives within the fourth degree of consanguinity and second of affinity of the owners or partners of said companies; and,

• 8)

  Is legally disqualified, for other reasons, for the performance of functions in the Armed Forces.

RESPONSIBILITIES OF THE NATIONAL COUNCIL OF DEFENSE AND SECURITY IN MATTERS OF FIREARMS, AMMUNITION, EXPLOSIVES, AND RELATED MATERIALS. The responsibilities of the National Council of Defense and Security, in matters of Firearms, Ammunition, Explosives and Related Materials, are the following:

• 1)

  To propose public policies, and national action plans to prevent, combat and eradicate illicit manufacture, trafficking, possession, theft and illicit use of firearms, ammunition, explosives and related materials;

• 2)

  To coordinate and integrate the national efforts necessary to prevent and combat illicit manufacture, trafficking, theft or illicit use of firearms, ammunition, explosives and related materials;

• 3)

  To execute agreements to promote research programs on firearms and explosives including a computer network for the exchange of information regarding the actions of control of firearms, ammunition, explosives and related materials;

• 4)

  To implement awareness campaigns, information management and communication regarding the use of firearms, ammunition, explosives and related materials; and,

• 5)

  To evaluate compliance with this Law, the performance of the authorities applying it and the results in achieving the objectives established in public policies related to the objectives of this Law.

COORDINATION MECHANISMS IN CONCURRENT ACTIONS. It corresponds to the Secretariat of State in the Office of National Defense jointly with the Secretariat of State in the Office of Security, to promote before the National Council of Defense and Security and the Municipalities, actions for the purpose of establishing the coordination mechanisms that permit an orderly and effective articulation, in the following aspects:

• 1)

  Registry of ballistic impressions;

• 2)

  Registry of the ownership of firearms;

• 3)

  Registry of use and carrying of firearms;

• 4)

  Operational frameworks of Information and Communications Technology (ICT) Systems, their procedures, contents and conditions of shared access to them by the different institutions that administer matters related to this Law;

• 5)

  Combined police operations with members of the Armed Forces for the detection of illegal carrying of undeclared and not permitted weapons (UPI/NP) and Firearms Involved in Crimes (FIC);

• 6)

  Activities with national and international entities to fulfill obligations contained in international treaties and conventions related to illegal trafficking in firearms, undeclared, not permitted (UPI/NP) or Firearms Involved in Crimes (FIC), ammunition, explosives and related materials;

• 7)

  Registration of weapon registration and address of their owners by the municipalities;

• 8)

  Criminological records on persons and weapons involved in crimes maintained by the Directorate of Forensic Medicine of the Public Ministry and the Secretariat of State in the Office of Security;

• 9)

  To develop proposals for procedures and strategies to combat the illegal carrying and use of firearms, ammunition, explosives and related materials; and,

• 10)

  Others established by Law and linked to the objectives of this Law.

ACTIONS OF THE SECRETARIAT OF STATE IN THE OFFICE OF SECURITY. It corresponds to the Secretariat of State in the Office of Security, within the framework of the objectives of this Law, the following actions:

• 1)

  To authorize licenses for the use and carrying of weapons following verification of compliance with the requirements by the applicants;

• 2)

  To maintain a registry of ownership, transfer, shooting practices, control and follow-up of firearms of private individuals, for which a special unit must be established;

• 3)

  The control and police registry of criminal activity in which firearms, ammunition and related materials are involved, as well as the operation of a technological platform that permits verification of compliance with the requirements of applicants for authorizations or licenses;

• 4)

  To maintain an updated registry and ballistic control, for which it must have a digital system with sufficient capacity and with the security measures that guarantee its unalterability;

• 5)

  To ensure the registry of ballistic impressions of imported weapons and those already existing in the country;

• 6)

  To conduct and coordinate operations for the location of illegal weapons, their seizure and the application of other safety and prevention measures, without prejudice to the actions developed by other units in matters of security;

• 7)

  To conduct investigation operations in coordination with international security organisms for the surveillance of smuggling, international trafficking and theft of firearms, ammunition and related materials, exchange of information and other measures contemplated in treaties and international conventions subscribed and ratified by the State of Honduras;

• 8)

  To establish the observatory of crimes committed with firearms, for the mapping and statistics of criminal incidence, its origin and other useful information to adjust security policies and strategies;

• 9)

  To conduct background investigations of the social conduct of persons for the purposes of granting licenses for the use and carrying of firearms;

• 10)

  To design and execute a special action plan to register and act in relation to the theft of firearms and ammunition;

• 11)

  To establish mechanisms to handle the destination of seized weapons, their preservation as evidence of conviction or their destruction, in accordance with the provisions of this Law;

• 12)

  To integrate the bodies and coordination mechanisms established by this Law;

• 13)

  To regionalize at the national level the provision of service of registry of firearms;

• 14)

  To cancel through resolution at the request of the National Police the carrying licenses granted, when the holder or carrier of a firearm constitutes a risk to society due to his conflictiveness or violent conduct;

• 15)

  To supervise and inspect the establishments for practice, training, collection and shooting clubs, sports shooting and Private Security Services Companies within the framework of compliance with this Law; and,

• 16)

  The other actions determined by the Law of Police and Social Coexistence in relation to the subject matter of this Law.

BALLISTIC FINGERPRINT REGISTRY AND LICENSING. The ballistic fingerprint registry must be operated by the Secretariat of State in the Office of Security through the National Police. The information of the Ballistic Registry must be available in full and immediately to the Public Ministry (MP) for the purposes of the forensic investigation that is the responsibility of this Institution.

FIREARM OWNERSHIP REGISTRY. It is the responsibility of the Secretariat of State in the Office of Security to establish a department in charge of the Firearm Ownership Registry. This registry shall operate integrated into the Single Window system.

INSTITUTIONAL ACTION AND COORDINATION. The Secretariat of State in the Office of Security and the Secretariat of State in the Office of National Defense, for purposes of the present Law, may act through themselves, jointly or through third parties, in those cases permitted by Law. TITLE II RELATED MATERIALS CHAPTER I DEFINITIONS

DEFINITIONS OF CONTROLLED MATERIALS. For purposes of the present Law, controlled materials shall be understood to mean the following:

• 1)

  Firearms: Any portable weapon that consists of at least one barrel through which a bullet or projectile can be discharged by the action of an explosive and that has been designed for such purpose or can be readily converted for such effect, as well as any similar weapon whose projectile is propelled by non-igneous gas pressure, mechanical, electrical or similar means, that produces the effects of a firearm.

• 2)

  Ammunition or cartridge: Every complete cartridge and its components, including: cartridge case, primer or detonator cap, propellant charge or gunpowder, bullet, projectile or multiple projectiles such as pellets, whether buckshot or lead shot, that are used in firearms and any other object used as a projectile.

• 3)

  Explosives: All substances or articles that under certain conditions can produce a large quantity of gases causing heat, pressure or radiation instantaneously, with violent mechanical, thermal or radio-electrical effects.

• 4)

  Fireworks or pyrotechnic devices: Those products made with gunpowder or other chemical components, intended to produce sound effects and colored lights for entertainment purposes.

• 5)

  Related materials: The following are related materials:

  • a)

    All types of firearm spare parts or external attachable accessories that modify or improve its shooting direction, power or rate of fire, suppress noise, and remote control mechanisms that can be used to cause firing;

  • b)

    Any equipment or specific machinery for the production, repair, transformation or reloading of the materials described in numerals 1), 2) and 3) of this Article; and, c) Primers, fuses, detonators for activating and producing the detonation of explosives.

• 6)

  Regulated materials: Firearms, ammunition, explosives, their accessories and other materials related to these, also referred to generically as materials.

• 7)

  Transfer of controlled materials: Importation, exportation and transit.

• 8)

  Carrying: It is carrying with oneself or having within reach firearms in an immediate condition of use or not.

• 9)

  Ostensible carrying: It is the act of carrying on the belt, on the shoulder or in any part of the body a firearm that is seen or perceived with ease.

• 10)

  Possession of Firearm: It is the possession of firearms in a specifically determined place.

• 11)

  Use of explosives: Use of explosives is understood to be the activity regulated by the Secretariat of State in the Office of National Defense, by means of which companies engaged in geological exploitation, mining, construction and demolition, acquire, use and dispose of explosives.

• 12)

  Controlled delivery: It is the technique consisting of allowing illicit or suspicious shipments of firearms, ammunition, explosives and other related materials to leave the territory of one or more States, pass through it or enter it, with the knowledge and under the supervision of its competent authorities, in order to identify the persons involved in the commission of the offenses mentioned in Article IV of the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives and Other Related Materials.

• 13)

  Intermediary: It is that person who acts as a link and interlocutor between two (2) or more agents who intervene in the process of illicit trafficking of firearms, ammunition, explosives and related materials.

• 14)

  Intermediation activities: These are the actions carried out by the intermediary aimed at carrying out a process of illicit trafficking of firearms, ammunition, explosives and related materials, whether by direct or indirect means.

• 15)

  Tracing: It is the systematic investigation of firearms and, if possible, of their parts and components, from the manufacturer to the buyer, in order to assist competent authorities in detecting, investigating and analyzing the manufacture and illicit trafficking.

• 16)

  Illicit trafficking: It is the importation, exportation, acquisition, sale, delivery, transfer, diversion or transfer of firearms, ammunition, explosives and related materials, without complying with the requirements established in the present Law.

• 17)

  Accessories: These are parts, pieces, devices or equipment additional to the basic components of original manufacturing of a firearm and that may or may not alter the structure, functioning, ballistic record or serials, such as: telescopic, laser, infrared, light-amplifying sights, silencers, flashlights and others. These are divided into:

  • a)

    Basic: Those that have an aesthetic character that do not affect or condition the functioning of a weapon;

  • b)

    Moderate: Those that increase, complement, or enhance the precision in the functioning of a weapon; and, c) Complex: Those that alter the structure, functioning, effectiveness, lethality, ballistic record or serials of the weapon; and,

• 18)

  Blasting: Total destruction of an object using explosives and causing it to be blown into the air. CHAPTER II CLASSIFICATION OF CONTROLLED USE MATERIAL

CLASSIFICATION OF CONTROLLED MATERIALS. Firearms, ammunition, explosives and related material, in accordance with their restrictions or possibilities of use, are classified as: 1) Those for exclusive use of State institutions in the areas of Defense, Security and other authorized authorities; and, 2) Those for permitted use for authorized private persons.

MATERIALS FOR EXCLUSIVE USE BY PUBLIC ENTITIES. Materials for exclusive use of State Institutions in the areas of Defense and Security include:

• 1)

  Military-use armament used by the armed forces for the protection of territorial sovereignty;

• 2)

  Police-use armament used for citizen protection, property protection and civil order;

• 3)

  Other armament required in special functions of institutions in the justice sector and penitentiary system, legally authorized; and,

• 4)

  Other controlled materials that may be authorized by special laws, treaties and international agreements subscribed and ratified by the State of Honduras, related to each of the aforementioned categories. The material indicated in this Article may only be officially acquired by the State of Honduras without intermediaries for exclusive use of the institutions mentioned at the beginning of this Article; therefore, it cannot be acquired or transferred for use by private parties or officials of these State Institutions in a private manner, nor shall they use these materials outside their official functions.

MATERIALS FOR PERMITTED USE FOR AUTHORIZED PRIVATE PERSONS. Weapons for permitted use by authorized persons, in accordance with Law, are the following: 1) Handguns or short-barreled weapons: Revolvers and semiautomatic pistols up to zero point forty-five inches (0.45), or eleven point five millimeters (11.5) caliber; and, 2) Shoulder weapons or long-barreled weapons: Rifles and Carbines of mechanical and semiautomatic action, up to zero point three hundred eight inches (0.308) caliber or zero point thirty zero six (0.30-06) caliber. As well as shotguns of mechanical or semiautomatic action in calibers ten (10), twelve (12), sixteen (16), twenty (20), and zero point four hundred ten (0.410), provided that the barrel is not less than eighteen (18) inches. Under the provisions of the present Law, natural persons, individual merchants and legal entities, may be owners of a maximum of three (3) firearms of their choosing among the types of weapons and calibers permitted in the present Law, except for those exceptions expressly stated herein. As of the effective date of the present Law, persons who in accordance with Decree No. 274-2005 dated September 1, 2005 and the Law for the Control of Firearms, Ammunition, Explosives and Similar Items, contained in Decree No. 30-2000 dated April 11, 2000, have legally obtained ownership and permission to carry and possess up to five (5) firearms with their respective calibers, must preserve their right of ownership, carrying, possession and transfer of ownership in accordance with law, to persons who meet the requirements of up to five (5) firearms. Permitted ammunition use includes all ammunition not prohibited in accordance with Article 23 of the present Law.

AMMUNITION PROHIBITED FOR USE BY PRIVATE PARTIES. Prohibited ammunition includes:

• 1)

  That which does not correspond to the calibers of weapons whose use is permitted by the present Law;

• 2)

  That which is not acquired or imported through The Armory;

• 3)

  That which does not bear any type of marking;

• 4)

  Those whose projectile or tip has been altered or modified to expand, explode or contain poisonous or toxic substances;

• 5)

  Projectiles with a higher propulsive charge to achieve greater velocity and penetrating or expanding power;

• 6)

  Those whose caliber cannot be precisely determined or identified as permitted for use;

• 7)

  Projectile rounds that penetrate bulletproof vests or blindages, prefragmented explosives or those not contemplated as permitted; and,

• 8)

  Single-load ammunition for shotgun cartridges.

ARMS AND OTHER MATERIALS PROHIBITED FOR USE. Weapons prohibited for use by private parties are:

• 1)

  Firearms of any caliber with automatic functioning or related materials for war purposes or whose use is reserved for security, defense and penitentiary system institutions of the State, and other weapons and related materials that do not correspond to those authorized by the present Law for use by private parties;

• 2)

  Officially used firearms without mandatory marking or with altered marking, with illegible serial numbers and ammunition without/or with altered marking;

• 3)

  Firearms with modified firing mechanism; modifications or alterations in the barrels of any weapon, especially in short-barreled weapons;

• 4)

  Firearms that hide their true purpose under an inoffensive appearance, such as pens, canes, briefcases, among others;

• 5)

  Firearms, devices and ammunition manufactured in an artisanal or homemade manner;

• 6)

  Experimental firearms and ammunition;

• 7)

  Any firearm or ammunition of artisanal or homemade manufacture that can produce fire or that contains paralyzing substances, that can cause temporary blindness, damage to the auditory system, tear gas, emetic agents or explosives;

• 8)

  Armor-piercing, incendiary, tracer or poisoned ammunition;

• 9)

  Caliber conversion or modification equipment and modification of semiautomatic to automatic action system equipment;

• 10)

  Shotguns with a barrel less than eighteen (18) inches;

• 11)

  Flamethrowers in any version;

• 12)

  Noise reducers or suppressors, silencers and any device that permits the launching of grenades;

• 13)

  Weapons or remote firing mechanisms, mounting of weapons on drones or robots and electronic mechanisms or devices for target acquisition;

• 14)

  All special weapons prohibited under international conventions subscribed and ratified by the State of Honduras, such as chemical, biological, electronic and nuclear weapons;

• 15)

  Controlled materials derived from International Humanitarian Law or other international commitments that are prohibited;

• 16)

  In addition to those established in the preceding numerals, expressly the following:

  • a)

    Kalashnikov Rifle 1944 (Ak-47), in all its versions;

  • b)

    Rifle: FAL and FAP;

  • c)

    Uzi and mini Uzi submachine gun in all its versions;

  • d)

    M21 sniper rifle and other weapons of war with similar characteristics;

  • e)

    M-16, M16A1, M16A2, M-4, Galil Rifle;

  • f)

    Rifle: AR-15;

  • g)

    SKS Rifle with the exception of legal entities; and, h) Ammunition of any grain quantity of the following calibers: 5.56mm, 5.56 x 45mm, 5.6 NATO M193; 5.56x45mm; US Ball Cartridge; GP 90; 0.45; 0.50; 7.62x39mm and 7.62x51mm.

• 17)

  Any other firearm, ammunition, explosives or materials that are not specifically authorized for use by private parties.

SEIZURE OF PROHIBITED OR ILLEGAL MATERIALS. All firearms, ammunition, explosives and related materials, classified as prohibited or for illegal use, must be subject to confiscation, seizure, forensic analysis and temporary storage for destruction. CHAPTER III MARKING OR ENGRAVING

MARKING OR ENGRAVING OF WEAPONS. Every firearm, ammunition and related materials, as well as their fundamental components, from the moment of their entry into the State of Honduras, must be properly identified by means of marking or engraving in a visible location in a legible and unalterable manner. The marking of ammunition must include the caliber type.

INALTERABILITY OF MARKING. The marking or engraving made on the weapon by the manufacturer must not be altered.

MARKING INFORMATION. The original factory marking or engraving of weapons must comprise the following information:

• 1)

  Serial number;

• 2)

  Model;

• 3)

  Caliber;

• 4)

  Manufacturer name or brand;

• 5)

  Country of manufacture; and, 6) Distinctive mark of the importing country; in compliance with the provisions established in the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives and Other Related Materials (CIFTA). The foregoing is without prejudice to any information that must be added in compliance with conventions or international treaties subscribed and ratified by Honduras.

PROHIBITION ON ENTRY. Firearms that do not present marking or engraving in accordance with what is established in the preceding Article shall not enter the State of Honduras. Every firearm entering the country intended for exclusive use of the Armed Forces, the National Police, penitentiary establishments, municipal police forces and other Justice and Security institutions that require the use of firearms to perform their functions must display the image of the National Shield.

LICENSES. License is the authorization granted by the Secretariat of State in the Office of Security or Secretariat of State in the Office of National Defense in a non-transferable manner in favor of a natural or legal person regarding a firearm, ammunition, explosives or any related material, authorized in the present Law, without prejudice to its suspension or cancellation based on the causes provided in the present Law. State entities that conduct activities directly related to regulated materials do not require licenses in the areas of defense, security, justice and penitentiary system as provided in Article 21 of the present Law.

PERMITS. A permit is the authorization granted by the Secretary of State in the Office of National Defense or by the Secretary of State in the Office of Security, in a non-transferable manner in favor of a natural or legal person authorized to carry out a specific activity related to the use of firearms, ammunition, explosives or related materials authorized in this Law, without prejudice to its suspension or cancellation based on the causes provided herein.

CONTENT OF LICENSES AND PERMITS. Licenses and permits must contain at a minimum:

• 1)

  Indication of the type of authorization granted, specifying concretely the authorized activity;

• 2)

  Clear identification of the natural or legal person holding the authorization;

• 3)

  A unique code or number for each authorization, associated with the Identity Card of the bearer or legal personality of the authorized person;

• 4)

  Specific indication of the controlled material or the type of material authorized for the development of the activity subject to the authorization;

• 5)

  The condition of non-transferability and exclusive use by the holder of the authorization;

• 6)

  Authorizations are only granted to Honduran natural persons, foreigners with legal residence in Honduras and to legal persons constituted, regulated or authorized in accordance with national laws; and,

• 7)

  Indication of the period of validity of the authorization. CHAPTER II REQUIREMENTS TO OBTAIN LICENSES AND PERMITS

REQUIREMENTS FOR A NATURAL PERSON TO OBTAIN A FIREARM LICENSE. The requirements to obtain firearm licenses established in this Law by a natural person are:

• 1)

  To be twenty-one (21) years of age;

• 2)

  Toxicological examination to evidence the absence of addiction to psychoactive drugs, narcotics or alcoholic beverages, conducted by personnel authorized by the Secretary of State in the Office of Security;

• 3)

  Examination to evaluate the conduct and personality of the applicant, conducted by personnel authorized by the Secretary of State in the Office of Security;

• 4)

  Certificate of having passed a course on firearm handling, covering obligations, prohibitions, safety measures, sanctions and other aspects contained in this Law, related to the carrying, ownership and use of regulated materials conducted by the Secretary of State in the Office of Security;

• 5)

  Certificate of criminal record issued by the Judicial Branch;

• 6)

  Present the application form authorized by the Secretary of State in the Office of Security with the information required therein, personal identification documentation of the applicant;

• 7)

  Certificate of residency, issued by the municipality of the applicant's place of residence; and,

• 8)

  Document, invoice or title that accredits ownership of the firearm.

REQUIREMENTS FOR LEGAL PERSONS OR COMPANIES TO OBTAIN LICENSES PERMITTED IN THIS LAW. The requirements for legal persons to obtain licenses permitted in this Law are:

• 1)

  Original and copy of the document that accredits their legal personality duly registered;

• 2)

  Plan of activities to be performed with the authorized material, as well as the composition of their governing bodies;

• 3)

  Certificate of criminal record of the members of the board of directors of the legal person;

• 4)

  Indication of the place of custody of the controlled material that it possesses or plans to acquire;

• 5)

  Original and copy of a general security plan for the handling and storage of controlled materials that it possesses or plans to acquire and the designation of a security officer, who must be an authorized natural person, who shall be responsible for compliance with safety measures to prevent unauthorized use, theft, robbery or damage to controlled materials;

• 6)

  Create a Contingency Fund of no less than one percent (1%) of its total payroll or accredit the contracting of insurance to cover damages to third parties that could be caused with the controlled materials without prejudice to the civil liability that may apply; and,

• 7)

  List of company personnel who will handle firearms or material controlled by this Law, who must meet the requirements indicated in the previous Article.

OTHER AUTHORIZED ENTITIES. The defense forces, security forces, penitentiary institutions and other State institutions authorized pursuant to this Law must register with the Secretary of State in the Office of Security the portable firearms they possess as well as the security personnel authorized for their use, with security classification of such information, according to the cases determined by the Law for the Classification of Public Documents related to Security and National Defense, contained in Decree No. 418-2013, dated January 20, 2014. In the case of firearms belonging to the Armed Forces and the personnel authorized for their use, they must be registered in the special register operated by the Secretary of State in the Office of National Defense.

OBLIGATIONS OF AUTHORIZED PERSONS. Without prejudice to the specific obligations that this Law establishes for each activity, authorized persons have the following obligations:

• 1)

  In the case of performing any act of transfer of ownership by transfer or delivery of firearms, ammunition and related materials, exclusively with another authorized person, they must appear with the acquirer to previously formalize before the institution issuing the license or permit the corresponding procedures;

• 2)

  Inform the institution issuing the license or permit of any change in the requirements that supported the license or permit granted;

• 3)

  Facilitate to the respective authority the inspection of firearms, ammunition, explosives and related materials and authorized activities in each specific case;

• 4)

  Report within a maximum period of twenty-four (24) hours or one (1) day, the theft, larceny or loss of firearm(s), ammunition, explosives and related materials. When it is a firearm, they must contact the Unit for Control of Firearms, Ammunition and Explosives to perform the corresponding blocking;

• 5)

  Report immediately the theft, larceny or loss of the license of an authorized person, as well as any other license granted;

• 6)

  Preserve the documentation corresponding to firearms, ammunition, explosives and related materials under their responsibility; and,

• 7)

  Make prudent use of authorized materials, avoiding making shots unnecessarily, in an intimidating manner, recklessly or under conditions that create risks, hazards or damages to property and persons. CHAPTER III EXPIRATION, REVOCATION OR SUSPENSION OF LICENSES AND PERMITS

REVOCATION OF CONDITION OF AUTHORIZED PERSON. The quality of authorized person shall be revoked by death or permanent mental or physical incapacity that prevents the natural person from making use of the firearm; by dissolution or absolute disqualification of the legal person; or by criminal sentence of absolute disqualification in crimes related to the use of firearms.

TEMPORARY SUSPENSION OF CONDITION OF AUTHORIZED PERSON. The quality of authorized person is suspended by being subjected to criminal proceedings, domestic violence, by special disqualification of the legal person or by violation of the provisions of this Law.

AUTOMATIC SUSPENSION OF LICENSES. The loss, revocation or suspension of the condition of authorized person produces automatic suspension of all licenses granted and in cases where the firearm or controlled material has not been subject to seizure, it obligates the person or their successors or representatives, within thirty (30) days of the loss, revocation or suspension, to divest themselves of controlled materials, within one of the following options:

• 1)

  Transfer them, with prior authorization from the institution issuing the license or permit to another authorized person;

• 2)

  Deliver them to the Unit for Control of Firearms, Ammunition, Explosives and Related Materials for their destruction; and,

• 3)

  Designate them as collection firearms complying with the classification and neutralization requirements provided by this Law. In the case of succession or inheritance and guardianship, the beneficiaries and administrators of assets in cases of civil interdiction may register the firearms, ammunition and related materials in the institution issuing the license or permit, subject to prior compliance with the requirements indicated in this Law.

EXPIRATION, REVOCATION OR SUSPENSION OF LICENSES OR PERMITS. The expiration, revocation or suspension of licenses or permits occurs in the following cases:

• 1)

  By expiration of the period for which it was granted;

• 2)

  By the disappearance of the circumstance that originated the authorization;

• 3)

  By loss of the condition of authorized person;

• 4)

  By revocation or suspension ordered as administrative or judicial sanction; and,

• 5)

  By reasons of public security or defense of the State, with an emergency declaration issued by the competent authority. TITLE IV ACTIVITIES CHAPTER I COMPETENCE REGARDING ACTIVITIES

COMPETENCE REGARDING ACTIVITIES. The competencies regarding activities that involve the use of firearms, ammunition, explosives and related materials, described in the following articles correspond to: 1) The Secretary of State in the Office of National Defense; and, 2) The Secretary of State in the Office of Security.

AUTHORIZATIONS GRANTED BY THE SECRETARY OF STATE IN THE OFFICE OF NATIONAL DEFENSE. It is incumbent upon the Secretary of State in the Office of National Defense in relation to controlled materials under this Law, the authorization of establishments dedicated to:

• 1)

  Storage;

• 2)

  Internal transport;

• 3)

  International transfers: importation, exportation and transit;

• 4)

  Ammunition or cartridge reloading;

• 5)

  Operation of sports shooting ranges;

• 6)

  Operation of establishments for firearm repair;

• 7)

  Certification of explosives expert;

• 8)

  Use of explosives and manufacture of pyrotechnic displays; and, 9) Special permits for foreigners who introduce and carry firearms in the country in diplomatic missions, official matters and in sporting events authorized by the State.

LICENSES GRANTED BY THE SECRETARY OF STATE IN THE OFFICE OF SECURITY. It is incumbent upon the Secretary of State in the Office of Security to grant the following licenses and special permits for carrying and using firearms:

• 1)

  Carrying of firearms;

• 2)

  Restricted carrying;

• 3)

  Carrying under special conditions;

• 4)

  Carrying and use of firearms for: Shooting instructor, sports shooting centers, hunting event organization, repair, private security services and, for collection; and,

• 5)

  Possession of firearms. It is the authority of the Secretary of State in the Office of Security to issue licenses for possession of firearms. CHAPTER II AUTHORIZATIONS OF THE SECRETARY OF STATE IN THE OFFICE OF NATIONAL DEFENSE

REGULATION OF PERMITTED ACTIVITIES. The Secretary of State in the Office of National Defense must issue internal technical regulations in the following aspects:

• 1)

  Organizational and administrative functioning schemes, ensuring that personnel who handle controlled materials comply with the carrying requirements that this Law establishes for natural persons;

• 2)

  The system of administration and protection of inventories of materials and other assets of the institution that require special security and handling measures;

• 3)

  Operational security regarding the organizational systems of registration and information management systems;

• 4)

  Physical security to eliminate risk conditions against any type of accident that affects property or the integrity of personnel, including fire, robbery, loss, theft and other damages;

• 5)

  Technical and legal instruction for those who possess firearms;

• 6)

  The evaluation of administrative decisions that ensure compliance with functions and the purpose of the activity carried out;

• 7)

  Administrative and technical audit systems;

• 8)

  System of coverage of physical and administrative risks insurable for its own benefit and before third parties; and,

• 9)

  Others that determine prudent administrative action.

STORAGE. Storage is understood as the activity by means of which the Secretary of State in the Office of National Defense through the corresponding Unit receives, collects and preserves in the capacity of deposit, firearms, ammunition, their parts and components, explosives and related materials, of its own property or of others, in specially conditioned physical facilities.

6. - OBLIGATIONS REGARDING STORAGE. The following controlled materials must be stored:

• 1)

  Firearms, ammunition and related materials intended for destruction;

• 2)

  Weapons for purposes of marking or engraving;

• 3)

  Controlled materials seized;

• 4)

  Firearms, ammunition and related materials intended for internal commerce;

• 5)

  Firearms, ammunition and explosives in poor condition, damaged or unserviceable; and,

• 6)

  Firearms, ammunition, explosives and related materials in transit that require temporary storage. Persons or entities that, due to reasons of their official functions or the activities for which a license is granted, need to store controlled materials, must do so in facilities that comply with the technical specifications for construction safety and handling determined by the Secretariat of State in the Office of National Defense through the corresponding Unit, including those intended for purposes of criminal investigation, seizures or confiscation of firearms intended for technical-ballistic registration, firearms and related materials under repair, weapons from shooting ranges and sporting shooting facilities, collections and hunting clubs. The Secretariat of State in the Office of National Defense through the corresponding Unit, in addition to the approval of storage conditions, shall conduct inspections thereof at least once (1) per year.

INTERNAL TRANSPORT AND CUSTODY. - Internal transport and custody of controlled materials means the activity through which the Armed Forces through "The Armory" as a unit of the Military Social Security Institute (IPM), carries out the physical transfer and custody of controlled materials within the national territory. The conditions for internal transport and custody are as follows:

• 1)

  The Secretariat of State in the Office of National Defense must issue an Internal Regulation to ensure that the transport of controlled materials is carried out under conditions that guarantee that firearms, ammunition, explosives and related materials must not be subject to theft, robbery, loss or damage, under the effective custody of the Armed Forces;

• 2)

  Internal transport of Fireworks or Pyrotechnic Devices must be carried out directly by authorized persons, respecting the provisions established in the Transit Law, Law on Land Transportation of Honduras, Police and Social Coexistence Law and the particular provisions established by municipalities; and,

• 3)

  Others that in the future are considered pertinent. Expenses generated by internal transfer and custody of firearms, ammunition, explosives and related materials must be borne by the owner of the cargo.

8. - PROHIBITIONS REGARDING TRANSPORT. The transport of firearms, ammunition, explosives and related materials is prohibited by postal mail, land, maritime or air parcels, with the exception of "The Armory".

9. - INTERNATIONAL TRANSFERS. International transfers of firearms, ammunition and related materials means the activity through which the Secretariat of State in the Office of National Defense authorizes the Armed Forces through "The Armory" to carry out the following activities:

• 1)

  Exportation, which is the departure of material outside the jurisdiction of the State of Honduras;

• 2)

  Importation, which is the entry of material into the jurisdiction of the State of Honduras;

• 3)

  Transit, which is the passage through the territory of the State of Honduras of a shipment or cargo without the State of Honduras being the place of origin nor the place of final destination of such shipment; and,

• 4)

  Re-exportation, which is the exportation of imported material once the final recipient has taken possession of the material.

REQUEST FOR TRANSIT. For International Transit of controlled materials through the national territory, an application must be presented in advance before the Secretariat of State in the Office of National Defense in order to obtain the respective permit under the measures it establishes.

PROHIBITIONS FOR CARRYING OUT INTERNATIONAL TRANSFERS. International transfers of controlled materials with the following States are prohibited:

• 1)

  States with which the State of Honduras has border conflicts;

• 2)

  States to which the United Nations (UN) has established embargoes or sanctions;

• 3)

  States that have been condemned for systematic violation of human rights; and,

• 4)

  Cases in which it is presumed or there are indications that:

  • a)

    They are used in acts of genocide or crimes against humanity and/or violations of human rights in contravention of international law;

  • b)

    They support terrorist acts and/or irregular armed groups or organized crime; and, c) They violate bilateral or multilateral agreements binding on the State of Honduras regarding the control or non-proliferation of weapons and other controlled materials.

OBLIGATIONS OF THE STATE OF HONDURAS REGARDING INTERNATIONAL TRANSFERS OF CONTROLLED MATERIALS. The State of Honduras, in accordance with its international commitments and to facilitate international cooperation, must: 1) Inform other countries, multilateral entities and/or international bodies of its international transfers by submitting comprehensive and complete reports on those transfers; and, 2) Exchange quarterly with other countries the information they have available regarding the registration of international transfers, national laws and customary practices relevant to the policy, procedures and documentation of transfers of regulated materials.

3. - REQUIREMENTS FOR AUTHORIZATION OR LICENSES FOR EXPORTATION, IMPORTATION AND INTERNATIONAL TRANSIT. To obtain the authorization or license for exportation, importation and international transit of firearms, ammunition, explosives and other related materials, the following requirements must be met: 1) For the authorization of transit of firearms, ammunition, explosives and other related materials, it must be proven that the recipient State has issued the corresponding license or authorization; and, 2) For the authorization of shipments of firearms, ammunition, explosives and other related materials for exportation, it must be proven that the importing and transit countries have issued the necessary licenses or authorizations. In case of importation, the State of Honduras shall inform the exporting State that so requests of the receipt of shipments of firearms, ammunition, explosives and other related materials. The State through the Secretariat of State in the Office of Security and the Secretariat of State in the Office of National Defense must adopt the measures necessary to detect and prevent the illicit trafficking of firearms, ammunition, explosives and other related materials in national territory and in that of other States, by strengthening controls at points of exportation.

CONFIDENTIALITY. Except for the provisions established in the Constitution of the Republic, all State institutions must maintain the strictest confidentiality of all information they receive when requested by another State party to the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives and Other Related Materials, which within the framework of that Convention supplies the information. If for legal reasons such confidentiality could not be maintained, the State that provided the information must be notified before its disclosure.

EXCHANGE OF EXPERIENCES AND TRAINING. The National Defense and Security Council must promote that the Secretariat of State in the Office of Security and the Secretariat of State in the Office of National Defense formulate programs for exchange of experiences and training between competent officials and collaborate with each other to facilitate access to equipment or technology that has proven effective in the implementation of the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives and Other Related Materials, taking appropriate actions to ensure that adequate training exists to prevent, combat and eradicate the illicit manufacturing and trafficking of firearms, ammunition, explosives and other related materials.

INTERNAL COMMERCE. Internal commerce is the activity through which the Armed Forces through "The Armory", on a regular basis, sell to another authorized person, controlled materials within the national territory. Transfer of property of firearms between individuals may only be carried out if both parties are authorized natural or legal persons, which must be done in accordance with the provisions of this Law.

DIVERSITY OF SUPPLIERS. The Armed Forces of Honduras for purposes of sale of firearms, ammunition, explosives and other related materials, must have as a minimum at least three (3) suppliers in order to offer the consumer a variety of products with the highest quality.

PROHIBITED TRANSACTIONS. The following transactions are prohibited:

• 1)

  Sales and auctions of firearms, ammunition, explosives and related materials to non-resident foreigners;

• 2)

  Sales and auctions of major firearm parts to anyone who is not an authorized gunsmith;

• 3)

  Sales and auctions of ammunition to the natural or legal person not authorized to carry a firearm or of a caliber other than that authorized;

• 4)

  Sale of ammunition components, except for ammunition casings that "The Armory" acquires;

• 5)

  Sales and auctions of ammunition between individuals;

• 6)

  Renting or lending a firearm;

• 7)

  Selling or lending the permit to carry a firearm; and, 8) Selling or disposing of the firearm in any manner without complying with the requirements determined by this Law. "The Armory" within a period of six (6) months after this Law enters into force must open branches for the sale of firearms and ammunition in the departmental capitals and in the cities of greatest importance in the country, as designated for such purpose, provided there is no legal provision prohibiting it. The individual who wishes to dispose of the ammunition acquired must choose one of the following options: 1) Deliver it in consignment to The Armory, so that once it has verified its quality, legality of its origin and good condition, it may proceed to its sale and subsequent delivery of the funds obtained from it, with the deduction of administrative expenses incurred; or, 2) Deliver them to the Secretariat of State in the Office of National Defense through the respective Unit for destruction.

ESTABLISHMENTS FOR TRAINING, WEAPON HANDLING AND TARGET PRACTICE. Establishments for training, weapon handling and target practice are authorized areas for the handling of weapons and shooting practices, training and instruction in the use of firearms, authorized and certified as established in this Law, as well as for the conduct of sporting competitions with such materials and that have the necessary infrastructure for the practice of sporting or defensive shooting. The facilities must comply with the safety standards mandated by this Law and maintain the corresponding records of shooting practices that are conducted. Shooting practices conducted in authorized facilities must be reported to the competent authority.

0. - HANDLING OF WEAPONS IN SHOOTING FACILITIES. Shooting practice must be carried out within the authorized establishment under the supervision of a shooting instructor or a duly authorized person. Weapons and ammunition must in no case be removed from the establishment by third parties or users.

1. - PROHIBITIONS ON SHOOTING RANGES. Shooting ranges must comply with safety measures to prevent noise and neutralize the effects of fired projectiles. The opening of open shooting ranges in populated areas or at a distance less than five kilometers (5 km) from powder magazines and related materials is not permitted.

MANUFACTURE OF FIREARMS. The manufacture of firearms, ammunition, explosives and other related materials is an activity exclusive to the Armed Forces in the national territory in accordance with Article 292 of the Constitution of the Republic.

LICENSE FOR EXPLOSIVES EXPERT. It is the authorization for the exercise of the activity by means of which a natural person prepares, handles and controls the activities for the use of commercial explosives in controlled blasting for purposes of demolition, construction, removal of debris, mining, quarries and roads and others. In addition to the requirements set forth in this Law for firearm licenses for natural persons, it is also necessary to demonstrate, through study or work certifications, on an individual basis, suitability in the specialty.

VALIDITY OF THE EXPLOSIVES EXPERT LICENSE. The explosives expert license has a validity of four (4) years and may be renewed once the requirements of the preceding Article are met. Explosives experts must exclusively provide their services to companies or establishments authorized by the State Secretariat in the Office of National Defense.

PERMIT FOR ORGANIZATION OF HUNTING EVENTS. Any activity by means of which an authorized person organizes, manages and develops sport hunting activities for its members or for third parties must have the respective authorization. To obtain the license for organization of hunting events, the following requirements must be met:

• 1)

  Describe the type of events to be developed, the quantity and type of firearms to be used in them, indicating whether they will be their own, those of their members or those of third parties participating in the events;

• 2)

  Present a plan of hunting events to be developed, duly authorized by the regulatory body for hunting of the jurisdiction in which these are foreseen to take place; and,

• 3)

  Participants must have a Carry License or Restricted Carry License for hunting.

  The authorized person who organizes hunting events and for such purpose foreign participants enter, must conduct the procedures for temporary entry of weapons with the State Secretariat in the Office of National Defense and the permit with the State Secretariat in the Office of Security, with anticipation of at least one (1) month. The hunting event permit has a validity equivalent to the duration of the organized event, for which it must comply with the regulations that special laws establish for this activity.

REPAIR LICENSE. It is the authorization for the exercise of the activity of repairing, modifying or conditioning firearms or related materials. To obtain the license, compliance with the following requirements must be demonstrated:

• 1)

  Have an establishment authorized by the State Secretariat in the Office of National Defense, which provides safety conditions for physical installations in accordance with the type and quantity of material to be repaired;

• 2)

  Describe the activities it intends to perform; and,

• 3)

  Only firearms permitted for use by individuals pursuant to this Law may be repaired.

VALIDITY OF THE LICENSE FOR FIREARM REPAIR WORKSHOPS. The license for firearm repair workshops shall have a validity of five (5) years and may be renewed once the requirements established by this Law have been met.

OBLIGATIONS OF GUNSMITHS. Authorized gunsmith technicians and repair workshops have the following specific obligations:

• 1)

  Maintain a daily logbook authorized by the State Secretariat in the Office of National Defense of repairs performed;

• 2)

  Request authorization from the State Secretariat in the Office of National Defense for the acquisition, modification or disposal of specific machinery needed to perform firearm repairs;

• 3)

  Request, prior to receipt of the material to be repaired, a photocopy of the corresponding license that certifies ownership and authorized uses of the firearm delivered for repair, as well as the personal identification documents of the owner thereof, being necessary that this documentation remain in the possession of the authorized establishment while the firearm repair is being carried out; and,

• 4)

  If the repair requires the replacement of a main element of a firearm, the following procedure must be observed:

  • a)

    The repair workshop or the authorized gunsmith technician must acquire the new part through "The Armory", being obligated to deliver the damaged part together with the firearm documentation. Once the repair is completed, the replaced part must be destroyed, previously conducting all investigations to determine that the firearm is not involved in criminal acts;

  • b)

    When the replaced part is the barrel, firing pin or extractor, the State Secretariat in the Office of Security must previously perform the corresponding ballistic and marking test; and, c) Once the repair is completed, the firearm must be delivered to the State Secretariat in the Office of Security for its verification, correction in the records and the replacement of the license that records the changes made and delivery to the owner of the firearm with the new license.

PROHIBITIONS ON HOLDERS OF REPAIR LICENSE: It is prohibited for holders of repair licenses to:

• 1)

  Introduce modifications that substantially alter the original characteristics of the firearm;

• 2)

  Receive materials that have had their original marking suppressed or adulterated;

• 3)

  Rent, lend or use firearms for purposes other than repair tests;

• 4)

  Receive or repair firearms considered as prohibited use; and,

• 5)

  Reactivate firearms that have been deactivated by The Armory for being considered as collection pieces, except by the corresponding authorizations in accordance with this Law.

LICENSE FOR THE ACQUISITION OF INDUSTRIAL EXPLOSIVES. It is the responsibility of the State Secretariat in the Office of National Defense to authorize Licenses for the acquisition, use and disposal of industrial explosives to companies engaged in geological, mining, construction, demolition and similar exploitation. This license has a validity of three (3) years and must be issued after legal and technical review by its specialized bodies and "The Armory". The acquisition of this material must be done solely through "The Armory".

LICENSE FOR THE ACQUISITION OF GUNPOWDER EXPLOSIVES AND CHEMICAL PRECURSORS. It is also the responsibility of the State Secretariat in the Office of National Defense to authorize the License for the acquisition, use and disposal of gunpowder and chemical precursors for the manufacture of Pyrotechnic Displays, only those authorized for their manufacture. This License has a validity of three (3) years and must be issued after legal and technical review by its specialized bodies and "The Armory".

LICENSE FOR THE MANUFACTURE OF PYROTECHNIC DISPLAYS. The State Secretariat in the Office of National Defense, for reasons of safety and control, must issue the License for the Manufacture of Fireworks or Pyrotechnic Displays. The applicant must meet the following requirements:

• 1)

  Indication of the place where the establishment, branches and facilities are located;

• 2)

  Present a safety and contingency plan authorized by the Fire Department;

• 3)

  Present the list of operational personnel who will work with the controlled material, as well as their police background;

• 4)

  Projection of use, quantity and type of controlled materials for manufacturing and storage;

• 5)

  Operation Permit issued by the Municipality where operations are conducted. Municipalities must issue the legal instruments corresponding to regulate this commercial activity; and,

• 6)

  Prove that they have received training on safety measures and use of controlled materials, provided by the corresponding unit of the State Secretariat in the Office of National Defense.

OBLIGATIONS OF AUTHORIZED PERSONS FOR USE OF INDUSTRIAL EXPLOSIVES. The Armed Forces and companies engaged in geological, mining, construction, demolition and similar exploitation, as well as those dedicated to the manufacture of Fireworks or Pyrotechnic Displays, have the following obligations:

• 1)

  Maintain a daily logbook, which must be authorized and numbered by the State Secretariat in the Office of National Defense on the existence and movements of entries and exits actually performed, in which must appear, the type of controlled material, the means of transport used, delivery points, transfer value, origin and destination of explosives, in addition to the general data of buyers and sellers;

• 2)

  Submit a monthly report to the State Secretariat in the Office of National Defense of the operations developed using explosives;

• 3)

  Inform of the roster of qualified personnel who handle controlled materials;

• 4)

  Permit inspection of facilities and review of records; and,

• 5)

  Maintain a valid life and medical-hospital insurance policy in favor of its employees and, for damage to third parties in their lives and their property.

CONDITIONS FOR THE USE AND APPLICATION OF INDUSTRIAL EXPLOSIVES. The use and assignment of industrial explosives to the personnel of the license holder is subject to the following limitations:

• 1)

  Explosives assigned to these services may only be used by persons authorized by the State Secretariat in the Office of National Defense;

• 2)

  Explosives assigned to these services may only be used in the place and time of actual performance of the company's service provision;

• 3)

  Industrial explosives must remain in the place authorized to the license holder, having to return any surplus material at the end of the operation;

• 4)

  Industrial explosives owned by the legal person holding said license cannot be transported in any case without the safety measures and supervision coordinated by the Armed Forces; and,

• 5)

  In eventual blasting works that require the use and application of explosives by private parties and that do not possess the experts or technicians for their handling, they will be coordinated by the Armed Forces through the special unit, whose costs will be borne by the applicant.

PROHIBITION ON TRANSFER OF EXPLOSIVES. International transfers of explosives, Fireworks and Pyrotechnic Displays that lack specific authorization are prohibited. Violation of this norm shall result in the retention of the controlled material in the offices of the State customs agency, in coordination with the Revenue Administration Service (SAR) and delivered to the Armed Forces through the special unit for definitive seizure and destruction, without prejudice to the corresponding criminal actions in case of failure to prove the legality of its origin.

MANAGEMENT OF LIGHT SPECTACLES. The municipal authority, upon prior request, shall authorize light spectacles of Pyrotechnic Games, whether public or private, indicating the place and time, with the respective technical authority approving the activity plan and supervising its execution.

TECHNICAL SPECIFICATIONS ON THE MANUFACTURE AND USE OF FIREWORKS AND PYROTECHNIC GAMES. Manufacturers of firecrackers, small rockets, and personal use lights must limit their manufacture to an explosive or thermal power that does not cause serious personal injury in case of incorrect handling; the manufacturing specifications and other technical elements must be established in the regulations of this Law. Manufacturers are obliged to label warnings on the product and packaging, regarding the risk and recommendations on the use and handling of these products, which may only be operated or handled by adult persons. CHAPTER III AUTHORIZATIONS OF THE SECRETARY OF STATE IN THE OFFICE OF SECURITY

CARRYING LICENSE. The carrying license is the privilege granted by the State of Honduras, through the issuance of a document that authorizes a natural person, having complied with the requirements established in this Law, to carry with them or have within their reach a firearm. This license shall be granted limiting its carrying to the places and conditions that this Law permits. The carrying license shall be granted with a strictly revocable character as long as the objective conditions that gave rise to its granting persist; no more than two (2) firearms per person may be carried at the same time, one short arm and one long arm. In case the authorized person does not own the firearm, a restricted carrying license must be issued to them.

VALIDITY OF THE CARRYING LICENSE. The Carrying License has a validity period of four (4) years, renewable every four (4) years provided that the requirements indicated in this Law are met.

CARRYING AND ITS LIMITATIONS. The license permits the carrying of weapons with the following exceptions:

• 1)

  In a visible manner in authorized places for carrying;

• 2)

  In places where there is massive concourse of people, such as: hospitals, educational centers, stadiums and sports fields, entertainment centers and banking establishments;

• 3)

  Under the effects of psychotropic substances, alcohol, drugs and similar substances that alter the normal state of the individual's personality;

• 4)

  During weapon use closures determined in accordance with this Law;

• 5)

  During all types of elections; and,

• 6)

  In parades, social, religious or political acts. From these limitations are excluded agents of public authority, authorized personnel of private security companies and personnel working for the institution in security functions in the entities and events aforementioned. Personnel of the Police and Armed Forces are authorized to enter commercial and private establishments with their firearm while exercising their functions or forming part of the protection service of officials, authorities or dignitaries. The Secretaries of State in the Offices of Security and National Defense shall make use of technological means and their advances to facilitate verification of compliance with the provisions contained in this Law.

POSSESSION LICENSE. The possession license is the privilege granted by the State of Honduras, through the issuance of a document that authorizes a natural or legal person, having complied with the requirements established in this Law, to have firearms in a specific place determined by the applicant. The possession license has a validity period of six (6) years, renewable provided that the requirements established by this Law are met.

TEMPORARY PROHIBITION. In case of disturbance of peace or public order, the authorities to whom the application of this Law corresponds shall take within the scope of their competence the necessary measures to ensure strict compliance with it, which includes the prohibition of carrying firearms throughout the national territory, specific regions or sub-regions thereof. The territorial scope and duration of the measures must be determined by the Executive Power in the National Council of Defense and Security, based on the reports presented by the Secretaries of State in the Offices of Security and National Defense, in accordance with constitutional provisions. When this provision is contravened, the National Police or the Armed Forces must proceed to seize the firearm and its permit, proceeding to the return of both until the expiration of the measure and when there is no legal cause preventing it. Prior to the return of the firearm and permit, an economic sanction must be paid, not less than one (1) minimum wage, nor more than two (2). When the firearm is not legally registered or is a non-commercial or prohibited weapon, the pertinent legal actions must be taken before the Public Ministry (MP).

RESTRICTED CARRYING LICENSE. The restricted carrying license is the privilege granted by the State of Honduras, through the issuance of a document that authorizes a natural person to carry a firearm that is not their property for exclusive use in facilities, spaces, farms, public areas, residential areas, neighborhoods or districts where they provide private security services, custody of valuables, personal protection services or practice of sports or hunting, this condition must be specified in the respective license, and must comply with the requirements established for the carrying of firearms.

SPECIAL CARRYING LICENSE. Special Carrying License shall be granted to government officials and dignitaries at the level of President of the Powers of State, heads of special constitutional bodies, Magistrates of the Honorable Supreme Court of Justice, Deputies to the National Congress and Secretaries of State during the exercise of their positions. The license must be officially requested from the Secretary of State in the Office of Security, accompanied by the act, resolution or document that certifies the condition required for its granting, and must comply with all procedures and requirements established in this Law; with the exception of numerals 2), 4) and 6) of Article 80 of this Law.

SHOOTING INSTRUCTOR LICENSE. The shooting instructor license is the privilege granted by the State of Honduras, through the issuance of a document that authorizes the exercise of the activity, through which a natural person instructs, trains and provides training in the handling of firearms and determines the suitability of third parties based on their learning. It is a requirement to obtain a shooting instructor license, in addition to the requirements indicated in this Law for the firearms carrying license, to demonstrate through study or work certifications, individually, the suitability in the specialty.

VALIDITY OF THE SHOOTING INSTRUCTOR LICENSE. The shooting instructor license has a validity period of four (4) years, and may be renewed upon compliance with the requirements of the previous Article. Shooting instructors must conduct their instruction activity exclusively in shooting ranges or in properly authorized sports establishments.

LICENSE FOR SPORTS SHOOTING CENTERS. It is the authorization granted to the National Federation of Sports Shooting and to the clubs that are part of it, for the operation of an establishment for the practice of shooting in the sports modality, using short and long firearms in competition events to test the conditions and abilities of persons with regard to concentration and precision in the handling of such weapons.

PROVISIONS FOR ESTABLISHMENTS AND SPORTS SHOOTING CENTERS. The National Federation and Sports Shooting Clubs must comply with the following conditions:

• 1)

  Firearms owned by the shooting establishment and by the Federation or Club must remain confined to the facilities where the sport is practiced, under security measures that prevent theft or loss;

• 2)

  The use of firearm models, calibers and types of ammunition that are included in the catalog authorized by the relevant international body;

• 3)

  The mobilization to participate in competitions outside their own facilities must be done under special security measures, authorized by the Secretary of State in the Office of National Defense;

• 4)

  The Shooting Establishment and the corresponding National Federation must send to the Secretary of State in the Office of Security a semi-annual report of their sports activities, indicating precise dates, locations and changes in membership and support personnel;

• 5)

  Weapons that are discarded due to damage or obsolescence must be destroyed by the Secretary of State in the Office of National Defense, canceling the corresponding registrations and licenses; and,

• 6)

  The National Federation and its clubs must observe the corresponding provisions regarding collection weapons.

OTHER SPORTS WEAPONS. The National Federation and clubs that conduct practices recognized as a sports discipline with instruments such as simple or compound bows, crossbows, sabers, swords, foils, spears, among others related, must maintain a registry of their members and notify their activities to the Secretary of State in the Office of Security, without the need to hold a license.

COLLECTION LICENSE. It is the authorization issued for the activity of acquiring and preserving for purposes of historical, aesthetic and technological interest, firearms, their accessories and ammunition. Weapons manufactured before the year 1900 must be considered as a collection due to their historical value; those manufactured after this year are so due to their aesthetic and technological value.

REQUIREMENTS TO OBTAIN A COLLECTION LICENSE. The applicant must comply with the following requirements:

• 1)

  Be over twenty-one (21) years of age;

• 2)

  Certificate of Police and Criminal Background of the applicant;

• 3)

  Original and copy of the applicant's personal identification document;

• 4)

  Document proving ownership of the firearm or, failing that, notarized deed or authenticated sworn statement regarding the origin of the firearm, its accessories and ammunition;

• 5)

  Certification of the deactivation of the firearm's firing system and barrel issued by "The Armory";

• 6)

  Describe the controlled materials to be collected;

• 7)

  Have a local or establishment that is supervised, authorized and licensed by the Secretary of State in the Office of National Defense, in the case of natural persons, present a sworn statement of the place where the firearm will be kept;

• 8)

  In the case of museums or public exhibitions, present a roster of temporary and permanent personnel; and,

• 9)

  In the case of legal entities, specify the activities to be developed with the collection material.

VALIDITY OF THE COLLECTION LICENSE. The collection license has a validity of four (4) years, and may be renewed once the requirements of the previous Article are met.

PROHIBITION TO COLLECTORS. The collection of firearms with active firing systems is prohibited. The deactivation of the firearm's firing system and barrel must be verified by "The Armory" at the time of firearms registration. Auction houses cannot auction collection firearms without prior authorization from "The Armory", nor can collection firearms be awarded in judicial auctions without such authorization.

QUANTITY OF REGISTRABLE COLLECTION FIREARMS. Natural persons may register a maximum of ten (10) collection firearms, and legal entities a maximum of seventy (70) collection firearms, with such limits being extendable upon request, supervision, diagnosis and issuance of a report by the Secretary of State in the Office of Security. As an exception, collection materials that are permitted and non-permitted materials that are disabled and deactivated, of historical interest for museums owned by the State of Honduras, are authorized without a limit on collection pieces.

LICENSE FOR CARRYING FIREARMS IN PRIVATE SECURITY AND SURVEILLANCE SERVICES.- The license for carrying firearms by personnel of companies providing private security and surveillance services, granted by the Secretary of State in the Office of Security, upon request of the private security and surveillance company, issued in its favor, must indicate the name of the person authorized to carry the firearm, complying with the following requirements:

• 1)

  Present the list of operational personnel to whom the license for carrying the assigned firearm is granted, which in all cases must comply with the requirements for carrying firearms by natural persons described in Article 33;

• 2)

  Accompany the documentation required in Article 33, regarding the requirements for issuing a Carrying License for a natural person and other requirements demanded by this Law, regarding training for those who use firearms in the provision of private security and surveillance services;

• 3)

  The requesting company must be properly authorized to provide security and surveillance services by the Secretary of State in the Office of Security;

• 4)

  Describe the activities to be developed, the quantity and type of controlled materials to carry out such tasks; and,

• 5)

  Present an estimated projection of activities for the first year of operations and, where applicable, present an annual report of activities conducted in the previous year. Those providing private security and surveillance services must immediately notify the Secretary of State in the Office of Security regarding any situation such as: theft, loss of controlled materials and change of operational personnel with a license to carry the assigned firearm. This license has a validity of two (2) years and may be extended upon compliance with the requirements for its issuance. In case of change in the person authorized to carry the firearm, the company must request modification of the license in order to update the name of the firearm bearer, at no cost provided such change is made within the validity period of said license. The provision of private security and surveillance services shall be regulated by a Special Law. TITLE V CONTROL AND COMPLIANCE MECHANISMS CHAPTER I SANCTIONS

The manufacture, storage, transport, commercialization, trafficking, importation or exportation of the country, supply and use of firearms, ammunition, explosives and related materials, without permission from the competent authority, are prohibited by this Law and shall be sanctioned as established in the Penal Code.

SANCTIONS. The administrative sanctions applicable according to the type of infraction are:

• 1)

  Warnings: To prevent irregularities from occurring or worsening before they can cause damage;

• 2)

  Precautionary measures: Precautionary measures include temporary suspension of administrative rights granted and operations authorized with materials regulated in the following cases: a) Suspend operations when provisions relating to personal safety and property damage are not complied with; and, b) Stop activities when safety procedures, good practices, uses, methods and procedures established in this Law are not complied with, until such irregularities are remedied.

• 3)

  Temporary cancellation of licenses: When the provisions contemplated in the licenses or work plans are breached.

• 4)

  Definitive cancellation of licenses in the following cases:

  • a)

    When environmental damage occurs;

  • b)

    When the firearm is used in situations that do not represent a danger to one's own life and in which self-defense is not justified; and, c) When the firearm is confiscated by competent authority for being involved in the commission of criminal acts.

• 5)

  Temporary or definitive suspension in the performance of work positions in establishments and operations regulated by the Secretary of State in the Office of National Defense, in the following cases: a) When the active license is not in effect; and, b) When there is recidivism in the breach of security measures.

• 6)

  Seizure: Seizure applies to regulated materials that are classified as undeclared firearms, prohibited firearms or those involved in crimes; and,

• 7)

  Fines: As provided by this Law for each infraction committed, accompanied where applicable by other sanctions. Recidivism shall be sanctioned with measures corresponding to the higher level of sanctions established herein.

COMMON PROVISIONS TO THE SANCTIONING FRAMEWORK. The power to apply the administrative sanctioning framework of this Law corresponds to the Secretaries of State in the Offices of Security and National Defense according to their competence, subject to the following provisions:

• 1)

  When an infraction is contemplated in another legal provision, the most severe administrative sanction must be applied by the authority that upholds the applicable provision;

• 2)

  If in an infraction committed by a natural person there is intervention by a legal entity through its legal representative, the sanction must be applied to both persons according to the criteria established in this Law and according to the type of infraction that in each case corresponds;

• 3)

  The application of the framework of infractions and administrative sanctions provided in this Law must be applied without prejudice to any other administrative, penal or civil responsibility that corresponds; and,

• 4)

  To challenge acts arising from this Law, the procedures and remedies established in the Administrative Procedure Law must be applied.

OTHER SANCTIONS. A fine of ten (10) to fifteen (15) minimum salaries must be applied to pawn shops that receive firearms as collateral. The manufacture, commercialization, trafficking and use of firearms, ammunition, explosives and material related and prohibited by this Law, shall be sanctioned as established by the Penal Code.

CLASSIFICATION OF INFRACTIONS APPLICABLE TO ESTABLISHMENTS. Considering the nature of the infraction, whether culpable or intentional, that causes damage, undue profit, the duration of the irregularity, intentionality and recidivism, infractions committed by establishments are classified as:

• 1)

  Minor Infractions;

• 2)

  Serious Infractions; and,

• 3)

  Very Serious Infractions. Minor Infractions are: Non-compliance with administrative requirements, hindering or delaying or obstructing or limiting the function of inspectors, non-compliance for a short time with equipment requirements in facilities mandated by Law and in any case, without having caused damage or obtained undue profit. Serious Infractions are: When there is single recidivism of a minor infraction and very minor damage is caused to persons or property or minor undue profits are generated and that do not have an intentional character. Very Serious Infractions are: When the interests of society are harmed or when serious damage is caused to persons or property or major undue profits are generated that have an intentional character.

CLASSIFICATION OF INFRACTIONS COMMITTED BY NATURAL PERSONS. Infractions committed by natural persons are classified as serious or very serious. Serious infractions committed by natural persons are the following: 1) Carry the firearm in breach of Article 80 of this Law; 2) Fail to report the theft or loss of a firearm within the time specified by this Law; 3) Make improper use of the firearm by handling it in a threatening manner and putting community members at risk; 4) Carry the firearm in a place not permitted by Law; 5) Enter places where firearm entry is prohibited and those that are duly marked at the entrance door; and, 6) Carry the firearm with an expired permit, without prejudice to the penal sanction that corresponds. Very serious infractions committed by natural persons are:

• 1)

  Fire shots into the air;

• 2)

  Use the firearm to commit crimes;

• 3)

  Use the firearm to protect the transport or possession of illicit substances or acts of terrorism;

• 4)

  Supply the firearm to another unauthorized person;

• 5)

  Carry the firearm in breach of Article 78 of this Law;

• 6)

  Carry or use any type of firearm, materials and other devices of prohibited use, as well as any firearm that has the condition of being illegal according to this Law; and,

• 7)

  Resist or oppose verbal requests from law enforcement and defense force agents in the verification of the firearms carrying permit. Serious infractions result in temporary cancellation of licenses and permits, after which the return of confiscated authorized materials shall proceed once the warnings ordered by the competent authority have been complied with and no damage has been caused. Very serious infractions result in definitive cancellation of licenses or permits, as well as confiscation and consequent loss of property of authorized materials, without prejudice to the criminal actions that correspond. It is the authority of the Secretary of State in the Office of Security to apply the sanctioning framework to holders of firearms carrying licenses in their different categories, as well as those related to public order infractions, regarding non-compliance with provisions on licenses and provisions of the Police and Social Coexistence Law, some of which are also protected and sanctioned by the municipal authority.

Without prejudice to the penal responsibility that may apply, infractions of this Law and its Regulation shall be sanctioned as follows:

• 1)

  When it is a natural person from five (5) to ten (10) times the highest monthly minimum wage in effect in the area where the infraction was committed, according to its severity; in the case of legal entities, it shall be from ten (10) to fifty (50) highest monthly minimum wages in effect in the area where the infraction was committed, according to its severity;

• 2)

  Suspension of the license for a minimum of six (6) months and a maximum of two (2) years, when the provisions contemplated in the licenses are breached, as well as payment of the fines described in the previous item, increased by one-third;

• 3)

  Revocation of the license according to the severity of the infraction; and,

• 4)

  In the foregoing cases, controlled material must be confiscated, without prejudice to the penal responsibility that applies. CHAPTER II FEES FOR LICENSE ISSUANCE AND ALLOCATION OF COLLECTED AMOUNTS

FEES FOR LICENSES AND PERMITS. For licenses issued or renewed after the entry into force of this Law and for permits, fees must be charged in accordance with the following values:

CHARGE FOR SERVICES. The corresponding entities must charge for the extraordinary services they provide, determining the cost thereof.

CHARGE BY MUNICIPALITIES. Municipalities are authorized to establish in their Tax Budget the fees corresponding to firearm registrations within their municipal jurisdiction, as well as those for operation permits of businesses dedicated to the Manufacture of Fireworks or Pyrotechnic Devices and other activities related to this Law. Firearm registrations carried out at municipal offices shall be subject to mandatory updating each time a license renewal procedure is conducted, for which reason municipalities must also establish the corresponding fee for this service.

DESTINATION OF COLLECTED VALUES. The values derived from the issuance of licenses, permits, imposition of fines, and others generated by the application of this Law must be deposited with the General Treasury of the Republic. The State, through the Secretary of State in the Office of Finance, must establish a program of transfers in favor of the Secretaries of State in the Offices of Security and National Defense. Such Secretaries must utilize these values in actions of investment and police intelligence, such as operations for the detection and seizure of prohibited and illegal weapons and those proceeding from illegal trafficking, acquisition of laboratory equipment for investigation and ballistic registration, as well as in campaigns for prevention, reduction, collection, and destruction of weapons. Values derived from the sale of weapons, explosives, ammunition, and other related materials shall be deposited directly in the patrimony of "La Armería" as a dependency of the Institute of Military Prevention (IPM), for the adequate constitution and sufficiency of the technical reserves of the Special Risks Regime (RRE). For such purposes "La Armería" shall continue to enjoy the tax payment exemptions established in the Law of the Institute of Military Prevention (IPM) in relation to the commercial operations it carries out, and must allocate twenty-five percent (25%) of the actuarial contribution to the strengthening of educational institutions of the Special Risks Regime (RRE). TITLE VI REDUCTION, COLLECTION, AND DESTRUCTION OF CONTROLLED MATERIALS CHAPTER I REDUCTION OF SURPLUSES

SURPLUSES. Surplus shall be understood as any firearm, ammunition, or related material in the possession of a state institution that is in a state of deterioration, damaged, declared abandoned, and that does not respond to a current or future need of the functions in its charge or does not maintain a relationship of correspondence with the purposes and remaining available materials, or whose accumulation may generate risks to security or which is the product of a reduction agreement. All surplus material shall be destroyed by the Secretary of State in the Office of National Defense in accordance with the nature of the controlled material to be destroyed, with the presence of the Superior Court of Accounts (TSC) for the preparation of discharge reports as these are state assets.

EVALUATION AND EXAMINATIONS TO DETERMINE SURPLUSES. Every state institution that possesses controlled materials must evaluate at least once per year the existence of surpluses of such materials. For such evaluation, the following must be ensured: 1) Ensure the observance of the principles of justification and specificity, correspondence, and non-recirculation; and, 2) Take into account the following indicators:

• a)

  The situation of internal security and threats to national defense;

• b)

  International commitments undertaken regarding proportionality and reasonable use of force, including international peace-keeping operations;

• c)

  Modernization of controlled materials inventories or acquisition of new material; and,

• d)

  Controlled materials that are in disuse due to their age, obsolescence, or lack of adaptation to current operational needs and deteriorated materials. CHAPTER II COLLECTION OF WEAPONS, SEIZED AND CONFISCATED MATERIALS

COLLECTION OF WEAPONS. Collection shall be understood as the reception of controlled materials voluntarily delivered by their possessors for purposes of their subsequent destruction. The Secretary of State in the Office of National Defense, through the corresponding Unit, is authorized to implement campaigns for the collection of firearms, ammunition, and related materials. Prior to the destruction of these weapons, the corresponding criminological investigation must be conducted to rule out that they do not constitute evidence of conviction in pending cases.

POLICE OPERATIONS. The Secretary of State in the Office of Security shall proceed to conduct systematic police operations aimed at the detection of illegal weapons, for which the required person must present:

• 1)

  Identity Card in the case of being Honduran or Residency Card when it concerns a foreigner;

• 2)

  An authorized license, which must be current; and,

• 3)

  The controlled material: firearm and ammunition. Otherwise, seizure must be proceeded with for materials that present irregularities. In coordinated form with different authorities related to the compliance of commitments acquired in the treaties and international agreements subscribed and ratified by the State of Honduras regarding the illegal trafficking of weapons, ammunition, explosives, and related materials, actions must be taken to control the entry into the country and the population's access to weapons from illicit trafficking, particularly those associated with organized crime.

REPORT ON CONFISCATED MATERIAL. The Judicial Branch, the National Police, the Public Ministry (MP), and other competent agencies that in the exercise of their functions proceed to confiscate firearms, ammunition, explosives, and related materials, must, within five (5) business days following the date of confiscation, inform the Secretary of State in the Office of National Defense of the following:

• 1)

  Place and date of seizure or confiscation and summary description of the circumstances;

• 2)

  Type of material and marking;

• 3)

  Judicial or administrative authority involved, case number, and data of the persons involved; and,

• 4)

  Deposit to which the materials were sent, indicating the authority responsible for it.

MANDATORY DEPOSIT OF SEIZED OR CONFISCATED MATERIAL. Weapons, ammunition, explosives, and related materials that have been confiscated must be deposited in the places and under the storage security conditions established by this Law. When the confiscated material is properly registered and provided that it is procedurally proper in accordance with law, the judicial or administrative authority that intervenes may deliver it to its rightful holder. Such decision must be reported to the Secretary of State in the Office of National Defense.

GENERAL SUSPENSION AND TEMPORARY PROHIBITIONS. Through a Decree issued by the National Congress of Honduras, the general suspension of the privilege of carrying weapons may be ordered, through a general disarmament; however, through a properly reasoned Decree of the Executive Branch, temporary prohibitions for the carrying of firearms, ammunition, and explosives may be established, communicating such to the National Congress. CHAPTER III DESTRUCTION OF CONTROLLED MATERIALS

DESTRUCTION OF WEAPONS. Destruction of firearms, ammunition, explosives, and related materials shall be understood as their total and permanent disabling. In all cases, the following material must be destroyed:

• 1)

  That of prohibited use;

• 2)

  Material in evident deterioration not suitable for use in accordance with its normal performance, not susceptible to repair;

• 3)

  Seized or confiscated, in cases where a conviction sentence has been rendered or which the Law expressly declares, including bladed weapons;

• 4)

  That declared surplus; and,

• 5)

  That voluntarily delivered for its destruction.

DESTRUCTION AND REGISTRATION OF REGULATED MATERIALS. The Secretary of State in the Office of National Defense must coordinate together with the authorities of the Secretary of State in the Office of Security, Public Ministry (MP), and Judicial Branch the activities of destruction of firearms, ammunition, and related materials, within the scope of their respective competencies. The Secretary of State in the Office of National Defense must maintain a detailed record of the specific destructions of firearms, ammunition, and related materials, based on reports concerning incidents that involve seizure or confiscation of weapons and the documents that record every act of destruction, in which the unequivocal identification of each element destroyed must be recorded, as well as the final destination of the material resulting from the destruction. In addition, it must ensure that prior to its destruction every weapon is subjected to the respective expert examination to rule out that it is not involved in some criminal act that would make its use as evidence of conviction in trial necessary. TITLE VII SPECIAL, TRANSITIONAL, AND FINAL PROVISIONS CHAPTER I SPECIAL PROVISIONS

SECURITY CAMPAIGNS IN RELATION WITH USES OF CONTROLLED MATERIALS. Each year and in a mandatory manner for the festivities of Holy Week, Christmas, October holidays, throughout the country and at each patron saint fair, the Secretary of State in the Office of National Defense, the Secretary of State in the Office of Security, Municipal Mayors in coordination with the Secretaries of State in the Offices of Education and Health, must conduct educational campaigns, warning society about the risk that constitutes firing into the air, the burning of gunpowder, and unsupervised light shows or spectacles without safety measures and the sanctions and penalties incurred. Information shall be provided on deaths and injuries caused by the use of firearms, Fireworks, and Pyrotechnic Games that occurred during each year in the country and other topics aimed at reducing armed violence and accidents caused by firearms, creating awareness in the population. Such campaigns must be transmitted by the media at no cost to the State.

WARNINGS. All firearm sales establishments of "La Armería" must deliver to each buyer and client a copy of this Law, as well as an instructive or brochure on the maintenance and use of firearms, in which the following warning must be visibly incorporated: In all places where the carrying of weapons is not permitted, as provided by this Law, the following icon must be used:

PROHIBITION ON THE PROMOTION AND USE OF CONTROLLED MATERIALS. The promotion of the purchase and use of firearms, ammunition, and explosives is prohibited. That which is related to Fireworks and Pyrotechnic Games and sporting activities must be adjusted to what is established in the Regulation of this Law. Non-compliance with this provision gives rise to the application of a fine of fifteen (15) to twenty (20) minimum salaries.

SPECIAL REGULATIONS. Regulations with respect to the acquisition and use of weapons that do not correspond to the classification of firearms, such as: crossbows, bows and arrows, electrical weapons, and air weapons and others, must be established by the Secretary of State in the Office of Security, through Executive Agreement. CHAPTER II TRANSITIONAL AND FINAL PROVISIONS

SINGLE ADMINISTRATIVE WINDOW PROCEDURE. The licenses for carrying or possessing firearms, their registration and property certificate, as well as the respective ballistic test, shall be processed through an integrated inter-institutional procedure using a Single Window system. The Regulation of this Law must regulate the functioning of the Single Window.

SALE OF AMMUNITION. The purchase and sale of ammunition permitted by this Law is authorized exclusively through the Armed Forces, and interested parties must present the respective current firearm carrying license, with a registry record of sales associated with the holders of licenses in the corresponding caliber indicated therein.

PERIOD FOR ADMINISTRATIVE REGULARIZATION. Natural or legal persons who possess firearms, ammunition, explosives and related materials, of permitted use whose license has expired, shall have six (6) non-extendable months counted from the effective date of this Law to regularize them. The procedures to be carried out are of a personal nature, except for legal persons whose procedures must be conducted by the legal representative. After the regularization period has expired, those citizens who possess the ownership and carrying license of up to five (5) firearms and who have not regularized them in accordance with the provisions of the preceding paragraph shall forfeit their right to the benefit of ownership, possession and carrying of up to five (5) firearms and are subject to the provisions of this Law. CHAPTER III GENERAL PROVISIONS REGARDING THE BALLISTIC REGISTRATION SYSTEM

BALLISTIC REGISTRATION SYSTEM. The Ballistic Registration System has open architecture so that it allows it to communicate and interact with other systems or biometric solutions and/or fingerprint systems existing or that may arise in the future, to allow, when the Government of Honduras so decides, integration into its ballistic fingerprint files, signatures, photos, fingerprints and any other type of biometric identification that is decided to be used and/or is deemed necessary for better compliance with the Ballistic Registration System.

ACQUISITION OF EQUIPMENT AND SOFTWARE. The State of Honduras must acquire the equipment and software usage licensing corresponding to the proper functioning of the Ballistic Registration System. In the event that the design of software for the operation of the Ballistic Registration System is contracted, it shall be the exclusive property of the State of Honduras, as well as its associated programs and applications whether as part of the system or in the future, in accordance with what is established in the Copyright Law and Related Rights.

INFORMATION ENTERED INTO THE BALLISTIC REGISTRATION SYSTEM. The information entered into the Ballistic Registration System or peripheral or auxiliary storage and filing systems is the exclusive property of the State of Honduras, which may dispose of its use as it deems most convenient according to the case. Under no circumstances may the existing records be modified, deleted, or subjected to practices that put them at risk, which is why there must be security controls where users do not have privileges to modify, delete or update records. Additionally, a log of events must be recorded for all and each of the events carried out by all software, associated programs and applications.

ACCESS TO INFORMATION. Only Official State Institutions that have a relationship with national information and security protocols have access to the information entered into the Ballistic Registration System or the peripheral or auxiliary storage and filing systems.

OWNER OF INFORMATION. For all legal purposes, the State of Honduras is the exclusive owner of all information contained in the Ballistic Registration System and the peripheral or auxiliary storage and filing systems. As well as information generated by the application of this Law.

DURATION OF THE FIREARM CARRYING REGISTRATION AND EXPORT AND IMPORT REGISTRATION. Records of firearm carrying are of a permanent nature and must be updated in accordance with modifications made, including all processing and ballistic tests, so that the State of Honduras maintains an updated record of the firearm's fingerprint. Likewise, a manufacturing record must be maintained for at least thirty (30) years and an export and import record must be maintained for at least twenty (20) years.

EXPEDIENCE IN THE IDENTIFICATION PROCESS. For expedience of the identification process, scanned images must be native 3D and be viewed directly without the need to resort to external objects or accessories.

SECURITY POLICIES. The Government, as part of the State's security policies, is obligated on a permanent basis to define and execute a specific policy with strategies and plans in order to combat smuggling and illegal trafficking of firearms.

REGULATIONS OF THIS LAW. The Secretary of State in the Office of Security and the Secretary of State in the Office of National Defense must prepare the Regulations of this Law for its promulgation by the Executive Branch within a period of three (3) months counted from the publication of this Law.

Reform Article 5 of Decree No. 239-2011, dated December 8, 2011, which contains the SPECIAL LAW OF THE NATIONAL DEFENSE AND SECURITY COUNCIL, which should read as follows: "ARTICLE 5. The attributions of the National Defense and Security Council are: 1)…; 2)…; 3…; 4…: 5)…; and, 6) To constitute itself as a consultative body and inter-institutional coordination for creating policies on Firearms, Ammunition, Explosives and Related Materials. In these cases the Council may invite to participate in its meetings Governmental and Non-Governmental Organizations that it deems appropriate. The National Defense and Security Council is the liaison body between Honduras and the State Parties to the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives and Other Related Materials and shall have the competencies established in Article 20 of said Convention, for purposes of cooperation and information exchange."

ABROGATION AND REPEALS. This Law abrogates the Law for the Control of Firearms, Ammunition, Explosives and Similar Items, contained in Decree No. 30-2000 dated April 11, 2000, and its reforms; likewise it repeals Article 1 of Decree No. 117-2012 dated August 2, 2012 and related provisions contained in Decrees No. 257-2002 dated August 6, 2002, 413-2002 dated November 13, 2002, 187-2004 dated November 25, 2004, Decree No. 274-2005 dated September 1, 2005, 69-2007 dated May 31, 2007, 184-2013 dated September 1, 2013 and any others that conflict with this Law.

EFFECTIVE DATE. This Decree shall become effective three (3) months after its publication in the Official Newspaper "La Gaceta" with the exception of Article 106 whose effective date shall be from the day of its publication. Done in the city of Tegucigalpa, municipality of the Central District, in the Hall of Sessions of the National Congress, on the twenty-fifth day of the month of September of the year two thousand eighteen. ANTONIO CÉSAR RIVERA CALLEJAS PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY SALVADOR VALERIANO PINEDA SECRETARY To the Executive Branch Therefore: Let it be executed. Tegucigalpa, M.D.C., February 08, 2018. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF SECURITY JULIAN PACHECO THE SECRETARY OF STATE IN THE OFFICE OF NATIONAL DEFENSE FREDY SANTIAGO DÍAZ ZELAYA