Summary.
The draft bill establishes a framework for importing, selling, possessing, carrying and using less lethal defensive devices in the Republic of Panama. It links their use to self defense and the principles of proportionality, reasonableness and protection of life. Its provisions would apply to natural or legal persons, whether Panamanian or foreign, who import, sell or use these devices in the country. It defines electroshock weapons, including direct contact models and those that fire darts, and pepper spray. It also distinguishes carrying a device in public spaces, private transport vehicles and freely accessible areas from possessing one at the holder’s residence, dwelling or workplace.
The Public Security Affairs Directorate (Dirección de Asuntos de Seguridad Pública, DIASP), described in the text as a division of the Ministry of Public Security (Ministerio de Seguridad Pública), would regulate, supervise and authorize use of the devices. To possess and carry them, a citizen would have to obtain a license and provide evidence of legal adulthood, a current criminal record certificate and a mental health certificate. DIASP could set additional requirements. Every applicant would have to complete and pass theoretical and practical instruction on the proper use of electroshock weapons and pepper spray.
DIASP would set the minimum content of that instruction: safety rules, technical handling of both devices and the legal limits of self defense under the Criminal Code (Código Penal). It could deliver the instruction through its technical staff or certify security companies and qualified professionals to teach the courses. It would also issue the certificate of completion required to finish the licensing process.
The draft bill prohibits street vending and informal sales. It confines sales to establishments authorized by DIASP that have systems for registration and tracing by serial number or batch. Importers would need specific permits and would have to ensure that devices meet the technical and safety standards set by the competent authority. The bill refers unjustified or negligent use, possession or carrying without a license, falsification of the license and sales to minors to the Criminal Code for criminal penalties. It allows six (6) months from promulgation for people who already possess the devices to register them and obtain the corresponding license. The proposed law would take effect upon promulgation.
The draft bill concerns DIASP, the Public Security Affairs Directorate and the Ministry of Public Security, as well as the Criminal Code. Its provisions could interest or affect importers, retailers, security companies, professionals who provide the required instruction and people who possess, carry or use these devices in the Republic of Panama.
What it proposes.
- Importation and sale of less lethal defensive devices.
- Licenses for possession and carrying.
- Instruction in their use and sales controls.
Who it would affect.
- People who possess, carry or use electroshock weapons or pepper spray.
- Importers of these devices.
- Establishments that sell them.
- Security companies and professionals certified to provide the instruction.
Key points.
- Establishes the framework for regulating these devices and applies its provisions to those who import, sell or use them in the Republic of Panama.Arts. 1-2
- Defines electroshock weapons, pepper spray, carrying and possession.Art. 3
- Designates DIASP as the authority for regulating, supervising and authorizing use of the devices.Art. 4
- Requires a license for possession and carrying, subject to age, criminal record and mental health requirements.Art. 5
- Requires applicants to pass theoretical and practical instruction whose minimum content DIASP would set.Art. 6
- Prohibits street vending and informal sales, requires traceability at authorized retailers and specific permits for importers.Arts. 7-8
- Refers the specified conduct to the Criminal Code for penalties and allows six (6) months to register devices already possessed and obtain a license.Arts. 9-10