Place of seizure
A gun in the garage, the yard or the owner's business premises may constitute possession, not carrying. The seizure record must describe the place precisely.
Criminal · Disarmament Statute
Firearm carrying or possession: what distinguishes the offenses and how the defense is conducted
Keeping an unregistered gun at home and carrying a gun in the street are different offenses with different sentences. Expired registration, shooter licenses and an unloaded weapon change the classification.
Straight answer: what is the difference between possession and carrying
Irregular possession (article 12 of Law 10,826/2003) is keeping a permitted-use firearm without registration inside the home or the workplace owned by the person; the sentence is one to three years of detention plus a fine, and bail may be set at the police station. Illegal carrying (article 14) is transporting or carrying the gun outside those places; the sentence is two to four years of imprisonment plus a fine. If the gun is of restricted or prohibited use (article 16), the sentence rises to three to six years and the offense receives stricter treatment.
This page is for persons arrested or investigated over firearms, licensed shooters, hunters and collectors, and relatives who need to understand the situation. Emergency in-person assistance in the city of São Paulo (East, North and South zones), Guarulhos and the metropolitan area; other cases are handled throughout the State of São Paulo, Brazil, with remote meetings when appropriate.
Points the defense checks
Expired registration
A registered gun with an expired certificate is not the same as an unregistered gun. There is case law that mere administrative delay is not an offense, or is a lesser one.
Licensed shooters, hunters and collectors
Army licenses define where and how the gun may be transported. Transport outside the license conditions raises arguments of atypicality or mistake.
Ammunition and accessories
Ammunition alone, without a gun, has its own treatment, with a discussion of insignificance for small quantities. Accessories such as magazines depend on the caliber.
Lawfulness of the approach
Most seizures happen in street stops or home searches. The validity of those measures is the first point examined.
Expert report
The gun must be examined to prove its capacity to fire. A missing or inconclusive report affects the proof of the offense.
What changes at the police station
Bail
In irregular possession and carrying of permitted-use guns, bail may be set by the police chief or the judge. The amount is negotiable according to income.
Statements
Explaining 'whose gun it is' or 'what it is for' without guidance may turn possession into carrying or implicate third parties. Silence is a right.
License documents
Registration, certificate and transport permit must be located and presented as soon as possible, even if expired.
How the defense is organized
1. Classification
Analysis of the place, the type of gun, the documents and the manner of seizure.
2. Custody hearing or inquiry
Acting for release and bail when there is an arrest, or following the inquiry when there is none.
3. Procedural defense
Challenging the approach, discussing the classification and, when applicable, a non-prosecution agreement.
Do not try to regularize the gun in a hurry after the seizure by presenting documents dated afterwards. That may constitute forgery and worsens the case.
Frequently asked questions about firearm possession and carrying
Is an unloaded gun an offense?
Majority case law says yes, as an abstract-danger offense. The absence of ammunition may, however, influence sentencing and bail.
Is a non-prosecution agreement available?
In irregular possession and carrying of permitted-use guns, the minimum sentence is below four years and there is no violence, which as a rule allows the agreement, provided the other requirements are met.
Is a gun inherited from my father and kept at home an offense?
Keeping an unregistered gun at home is irregular possession, even if inherited. Personal circumstances and good faith influence the sentence and the possibility of an agreement.
Official references and related pages
Reference legislation in Brazil. The exact classification depends on the place of seizure, the type of gun and the existing documents.
Was a gun seized or someone arrested for carrying?
State where the gun was and which documents exist through the secure channel. The screening defines the likely classification and the immediate steps.