State autonomy on gun rights advance in Brazil’s House

The House Constitution and Justice Committee on Wednesday approved by a 34-30 majority a bill allowing states to enact legislation on firearms, an effort by the pro-Jair Bolsonaro opposition to reverse gun ownership restrictions enacted by the Luiz Inácio Lula da Silva administration after it took office last year. The bill will proceed to a floor vote before it reaches the Senate.

The bill is heavily supported by the right wing, namely the “bullet caucus” — composed mostly of retired police and military officers.

The bill was penned by far-right Congresswoman Caroline de Toni, who chairs the Constitution and Justice Committee. She wrote that efforts to avoid the “regulatory setback” imposed by the Lula administration “are welcome,” given that “the federal government has been imposing strong limitations on [the] segment of firearms.”

On his first day in office, Lula signed decrees rolling back former President Bolsonaro’s permissive gun control agenda and followed suit with new regulations. In July 2023, Lula signed a decree that reduced the number of guns and ammunition citizens could own, reinstated restrictions on 9-millimeter firearms and other calibers, and banned the so-called collectors, hunters, and sports shooters (known by the acronym CAC) from carrying loaded weapons on their commute to shooting locations.

Congressman Patrus Ananias, a member of the Workers’ Party who opposes the bill and postponed a vote last week, told The Brazilian Report that he believes the bill clashes with constitutional provisions reserving to the federal government the power to “authorize and inspect the production and trade of weapons.” Conservatives argue that the bill is solely about gun permits and does not touch on trade or production.

The opposition “wants to return to the 19th century,” Mr. Ananias said, adding that looser gun regulations will encourage violence. He expects the issue to be litigated before the Supreme Court — which has increasingly been called upon to arbitrate on issues decided (or neglected) by Congress, such as parliamentary immunity, same-sex marriage, social media regulations, indigenous land rights, and, in the case at hand, gun rights.

The Supreme Court’s large role in political issues has created friction between the different branches of government, with both chambers rushing to pass legislation that frontally challenges justices’ interpretation on many issues.

Earlier this month, the Lula administration won two gun-control cases heard before the Supreme Court. The justices struck down a law in the southern state of Paraná that made it easier for CACs to get carry permits, as well as another law in the southeastern state of Espírito Santo that allowed off-duty permits for security professionals.

In unanimous decisions, the justices ruled that only the federal government can issue regulations on firearms.

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