Gun laws in Puerto Rico

Location of Puerto Rico in relation to the continental United States

Gun laws in Puerto Rico regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of Puerto Rico. As Puerto Rico is a commonwealth of the United States, many U.S. federal laws apply, as well as Constitutional rulings and protections.^[1][2]

Summary table

Licensing process

Puerto Rico had a very stringent and restrictive licensing process necessary in order to purchase a firearm in Puerto Rico, but portions of this scheme were ruled unconstitutional in a class action lawsuit in June 2015.^[4] Judge Aníbal Lugo Irizarry ruled that some of the provisions in Puerto Rico's 404 Statute are unconstitutional and violate the individual and fundamental right conferred in the U.S.Constitution's 2nd amendment which guarantees the right to keep and bear arms. Judge Irizarry based his decision on the U.S. Supreme Court Heller decision. The case was brought by William Bermúdez and others in a class action suit. Judge Irizarry ruled that anyone wishing to acquire a firearm will only need to complete the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) form 4473, as currently required by U.S. Federal Law. The government of the Commonwealth appealed and the case is still under revision in Puerto Rican courts. If the decision stands, the ruling immediately would allow Puerto Rico's residents to purchase and carry a concealed firearm without requiring a permit. Up to this point, permits to purchase a firearm have required proof of "need" and a lengthy process, and permits to carry concealed firearms have been extremely difficult to obtain.

The current legal system has it that in order to get a weapons licence, a person needs to be 21, along with several other requirements. A person is required to present a sworn statement attesting to compliance with fiscal laws, purchase a $100 internal revenue stamp, submit 3 statements from community members who aren't related to them attesting to their good reputation, submit a signed application that is notarized, be fingerprinted and photographed, and submit a negative certificate of debt to the child support administration.^[5] That process is just to be able to purchase firearms to store in a residence or business and not for a concealed carry permit. In order to acquire a concealed carry permit a person has to first have a Target shooting license and then appear before a Judge and present proof of a strong reason for a permit. Due to this process, in many cases concealed carry permit applications have been denied. As such Puerto Rico is considered to be an effective "No Issue" territory for concealed carry permits except for in exceptional cases despite the official "may issue" policy. In recent years there has been an uptick in weapons license applications with a 56% increase from 2013. The Puerto Rican Police attribute the increase to the fear of being targeted by criminals in Puerto Rico.^[6] However, crime rates have consistently fallen in the last 2 years.

Ammunition

Prior to Judge Irizarry's June 2015 ruling, a person was not able to possess ammunition unless they held a firearms license. They could also only purchase the type of ammunition that corresponds to the caliber or gauge of ammunition of their registered firearm.^[7]

References