Bill 632.

Summary.

The bill proposes administrative and criminal penalties for firing guns into the air in order to protect life, personal integrity, public safety and public order. It covers conduct in both public and private places. Criminal liability would arise when a person fires without justification and endangers another person’s life or physical integrity, or another person’s property.

To that end, the bill adds Article 335-A to Chapter IX of Title XI of Book Two of the Criminal Code (Código Penal). The proposed offense carries a prison term of two (2) to four (4) years. The term rises to six (6) to eight (ocho) years if the act occurs in a populated area or a place open to the public; if the person is under the influence of alcohol or illicit substances; if it occurs during celebrations, large events or public acts; or if the firearm is prohibited, unregistered or used without the legally required permits. In addition to imprisonment, the provision calls for a ban on carrying and possessing firearms and for confiscation of the firearm and ammunition.

The bill changes the title of that chapter of the Criminal Code to “Unlawful Possession, Trafficking and Use of Weapons and Explosives.” It then amends Article 89 of Law 57 of 2011 (Ley 57 de 2011), the General Law on Firearms, Ammunition and Related Materials. The revised article retains a list of serious violations concerning, among other matters, licenses and certificates; the sale and storage of ammunition; firearms training; records kept by gun shops and repair workshops; sales reports; invoices; presentation of documents; and notification when a firearm is lost or stolen. It adds, as item 18, firing a gun into the air in a public or private place without justification or reasons arising from a fortuitous event.

For item 18, the text treats self-defense, performance of a legal duty and warning shots in response to an imminent threat as justifications. It also covers ceremonial, scientific and training activities when the required permits are held and the applicable safety measures are followed. The revised Article 89 retains permanent closure of a commercial establishment and cancellation of its certification for repeated violations of items 12 and 13.

By amending Article 92 of Law 57 of 2011, the bill applies to the item 18 violation the ancillary sanctions used for the most serious violations: cancellation of the possession certificate, carry license or administrative authorization, as applicable, and confiscation of the firearm or ammunition. For other serious and minor violations, the article provides for a three-month license suspension. The bill would take effect upon promulgation. In the Republic of Panama (República de Panamá), its provisions relate to the National Police (Policía Nacional) and may concern firearm owners and carriers, gun shops, shooting instructors and organizers of public events.