Comprehensive Study Guide to Guatemalan Decree Number 15-2009: The Arms and Munitions Law

Legislative Framework and Foundational Principles

  • Constitutional and International Legal Basis:

    • The Constitution of the Republic of Guatemala (Constitución Política de la República de Guatemala) formally recognizes the right to possess and carry firearms for personal use, provided they are not legally prohibited, subject to specialized statutory regulation.

    • Under Article 171171, literal a), the Congress of the Republic of Guatemala enacted Decree Number 15−200915-2009 (Decreto Número 15-2009), establishing the statutory framework governing arms and munitions.

    • The state holds an inherent duty to control weapons possession and bearing to guarantee supreme human values recognized in the Constitution: life, physical integrity, liberty, security, and justice.

    • The legislation responds directly to the proliferation of firearms within Guatemalan society and the empirical correlation between armed violence and elevated risks to personal integrity and life.

    • Guatemala is bound by international conventions, notably:

      • The United Nations Convention against Transnational Organized Crime, incorporated via Decree Number 36−200336-2003 of the Congress of the Republic.

      • The Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (CIFTA).

      • Commitments under these treaties mandate the enactment of legislative measures to eradicate illicit trafficking, implement administrative tracking systems, and apply criminal penalties.

General Provisions and Institutional Jurisdiction (Articles 1–3)

  • Nature of the Law (Article 1):

    • Regulates the possession (tenencia) and carrying (portación) of weapons and ammunition within the entire national territory, operating in strict adherence to the Constitution of the Republic of Guatemala.

  • Objective and Material Scope (Article 2):

    • Governs all activities involving weapons and ammunition, including: possession, carrying, importation, exportation, manufacturing, commercialization, donation, relocation (traslado), purchase and sale, storage, clearance from customs or bonded storage (desalmacenaje), transportation, trafficking, and any related support or technical services.

  • State Security Forces (Article 3):

    • The Army of Guatemala (Ejército de Guatemala) and the National Civil Police (Policía Nacional Civil - PNC) are governed by their respective specific organic statutes concerning the use and possession of weapons and ammunition designated for their operational duties.

    • State security forces tasked with citizen security and public order are legally authorized to deploy any weapons categorized under this law as being of individual use and handling (de uso y manejo individual) that are necessary for the fulfillment of their duties.

Technical Classification and Definitions of Weapons (Articles 4–21)

  • Master Classification Scheme (Article 4):

    • Weapons are classified into eleven distinct statutory categories:

      1. Firearms (armas de fuego).

      2. Compressed gas weapons (armas de acción por gases comprimidos).

      3. Edged or contact weapons (armas blancas).

      4. Explosives (explosivas).

      5. Chemical weapons (armas químicas).

      6. Biological weapons (armas biológicas).

      7. Atomic weapons (armas atómicas).

      8. Missiles (misiles).

      9. War traps / Booby traps (trampas bélicas).

      10. Experimental weapons (armas experimentales).

      11. Artisanal and improvised weapons (armas hechizas y/o artesanales).

  • Taxonomy of Firearms (Articles 4, 5, 6, 7, 8, 9, 11):

    • Military or Army Exclusive Use (Articles 4, 5, 7): Weapons essential for external and internal defense as assigned by constitutional mandate, excluding those prohibited by ratified international treaties or express provisions of this law. Encompasses all internationally manufactured war armaments (even if absent from national arsenals) and all collective-use firearms.

    • State Security and Public Order Forces (Articles 4, 6): Includes civil-use and sporting arms, plus tactical military assault rifles, burst-fire pistols (intermittent, continuous, or multiple burst), automatic rifles, mechanical or semiautomatic rifles, assault rifles, automatic carbines, machine guns, submachine guns and machine pistols, carbines and submachine guns built with submachine gun receivers/frames, special-purpose weapons, shortened or standard submachine guns, rifle/grenade launcher combos, standalone grenade launchers, and other task-specific weapons.

    • Collective Use and Handling Firearms (Article 7): Light and heavy machine guns, autocannons (cañones ametralladores), artillery cannons, launch and sighting devices for grenades, and propelled or rocket-assisted projectiles. War firearms, chemical agents, war explosives, war devices, and special-purpose military weapons are restricted exclusively to the Army (except specific explosive handling units of the PNC dedicated to internal security). Includes unmarked weapons, weapons with erased serial numbers, silencer-equipped arms, and non-sporting high-precision systems.

    • Individual Use and Handling Firearms (Article 8): Revolvers, automatic and semiautomatic pistols of any caliber, tactical military assault rifles, burst-fire pistols, mechanical or semiautomatic rifles, assault rifles, automatic carbines, machine guns, submachine guns, shotguns of any type and caliber, grenade launchers, firearms assembled from patented replacement components, and concealed artisanal or modified weapons.

    • Civil Use Firearms (Article 9): Revolvers and semiautomatic pistols of any caliber; pump-action, semiautomatic, breech-loading (retrocarga), and muzzle-loading (avancarga) shotguns with barrel lengths up to 24 inches24\,\text{inches}; rifles with mechanical or semiautomatic action.

    • Sporting Firearms (Article 11): Weapons recognized internationally for competitive target shooting or sport hunting:

      • Short Sporting Firearms: Handguns and revolvers utilized in Olympic and international events sanctioned by national shooting federations.

      • Long Sporting Firearms: Rifles, carbines, and shotguns with barrel lengths up to 36 inches36\,\text{inches} used in sanctioned competitive shooting.

      • Hunting Firearms: Revolvers, pistols, rifles, carbines, and shotguns with barrel lengths up to 36 inches36\,\text{inches} designed specifically for hunting.

      • Sporting/Hunting Carbine Definition: Carbines operating through strictly mechanical or semiautomatic action.

      • Statutory Exceptions: Non-portable, portable, or fixed harpoon-launching mechanisms, line-throwers (gulas), flare and signaling launchers with signaling cartridges, portable muzzle-loaders, and industrial percussion and farming tools are excluded from these firearm constraints.

    • Absolute Prohibition on Military and Automatic Weapons (Article 10): Individuals and legal entities are barred from importing, manufacturing, exporting, alienating, carrying, possessing, storing, moving, transporting, trafficking, or trading war firearms, their components, their munitions, and any automatic firearms, unless explicitly exempted by law.

  • Compressed Gas Weapons (Articles 4, 12):

    • Categorized into air-actuated and other compressed gases.

    • Comprises pistols and rifles that expel a projectile using pre-compressed gas via a mechanical piston or gas canister, utilizing projectiles of up to 5.5 mm5.5\,\text{mm} (0.22 inches0.22\,\text{inches}).

  • Edged Weapons / Contact Weapons (Articles 4, 13):

    • Personal or Labor Use: Exploration or survival knives; farming, trade, artistic, or professional tools; pocket folding knives with a blade length not exceeding 10 cm10\,\text{cm}. Handcraft, agricultural, and industrial cutting tools are exempt from this law.

    • Sporting Edged Weapons: Crossbows, archery bows, arrows, foils, sabres, and fencing swords.

    • Military and Security Exclusive: Bayonets, daggers, dirks (puñales), stilettos (verduguillos), automatic/switchblade knives of any length, and any object converted or modified for offensive combat.

    • Geographic Rule: Non-automatic folding knives with blade lengths exceeding 10 cm10\,\text{cm} are permitted exclusively in extra-urban (rural) areas.

  • Explosives and Ancillary Systems (Articles 4, 14):

    • Chemical compounds that, via thermal stimulation (friction, impact, electrical energy, or fulminating heat source), transition rapidly from solid or liquid states to gas, releasing energy through heat and physical volumetric expansion.

    • Deflagrating (Low Explosives): Black powder and smokeless powder.

    • Detonating (High Explosives): Dynamite and comparable high-yield compounds.

    • Military Demolition Elements: Directional blast boxes, directional corners, and purpose-built destructiveness enhancers.

    • Industrial and Civil Explosives: Black powder and patented, registered industrial civil explosive agents.

  • Non-Conventional Weapons (Articles 15–20):

    • Chemical Weapons (Article 15): Organic or inorganic chemical agents and dissemination devices intended for combat that disrupt or destroy physiological functions in humans, animals, or flora upon physical exposure.

    • Biological Weapons (Article 16): Living vectors, microorganisms, infectious pathogens, infectious toxins, and their mechanical dissemination means created to inflict mass extermination or harm upon humans, livestock, or agricultural resources.

    • Atomic Weapons (Article 17): Systems, munitions, and devices utilizing the release of nuclear energy (fission of heavy elements or fusion of light elements) to cause destructive explosions and radiation hazards.

    • War Traps / Booby Traps (Article 18): Concealed, camouflaged, or disguised contraptions designed to kill, incapacitate, or capture humans, operating with or without explosive elements. Distinct from dedicated, exclusive hunting or fishing traps.

    • Experimental Weapons (Article 19): Weapons systems currently in developmental phases using directed energy, lasers, gamma radiation, or related scientific phenomena to inflict structural or organic damage.

    • Artisanal / Improvised Weapons (Article 20): Illegally manufactured devices of clandestine origin capable of discharging conventional firearm ammunition or harmful ballistic projectiles via improvised mechanisms.

  • Non-Lethal Defense Articles (Article 21):

    • Dispensers containing defensive chemical formulations (sprayers, dusters, gasifiers) and electroshock devices that induce transient physiological incapacitation without inducing loss of consciousness, limited to container capacities up to 500 cc500\,\text{cc}.

Administrative Agency: DIGECAM (Articles 22–26)

  • Institutional Nature and Creation (Article 22):

    • Establishes the General Directorate of Arms and Munitions Control (Dirección General de Control de Armas y Municiones - DIGECAM) as a dependency subordinate to the Ministry of National Defense (Ministerio de la Defensa Nacional).

    • Empowered to establish decentralized auxiliary administrative branch offices throughout each of the country's territorial departments.

  • Executive Leadership (Article 23):

    • The Director General and Subdirector General of DIGECAM are appointed directly by the Minister of National Defense.

  • Powers and Mandates (Article 24):

    • Register firearm ownership and grant corresponding ownership registration cards (tarjetas de tenencia).

    • Authorize, evaluate, and issue licenses for carrying firearms.

    • Monitor, authorize, and oversee the manufacture, export, import, storage, transit, and distribution of firearms and ammunition.

    • Register all small arms inventories of the Ministry of the Interior (Ministerio de Gobernación) and civil public administration bodies (excluding the military).

    • Certify commercial gun stores, firing ranges, gunsmith workshops, and reloading operations.

    • Establish, capture, and archive the ballistic signatures (huellas balísticas) of all firearms across the territory.

    • Perform biannual physical inventory audits (at least once every 6 months6\,\text{months}) of commercial arms vendors, exercising full inspection authority over premises.

    • Supervise weapons inventories, carry permissions, and compliance of private security firms, banking entities, and municipal police forces.

    • Administer technical, firearm-handling, legal, and psychological testing for first-time carry license candidates.

    • Collect, impound, and hold custody of weapons surrendered voluntarily or remanded by judicial order.

    • Carry out technical physical markings on imported and domestic firearms.

  • Information Sharing and Confidentiality Exceptions (Article 25):

    • All arms registries and technical data collected by DIGECAM are explicitly non-confidential when requested by the National Civil Police, the Public Prosecutor's Office (Ministerio Público - MP), or the National Institute of Forensic Sciences (Instituto Nacional de Ciencias Forenses de Guatemala - INACIF) for official police or criminal investigations.

  • National Ballistic Databank and Transition from DECAM (Article 26):

    • DIGECAM must establish a physical and digital ballistic repository by test-firing every firearm presented for registration, retaining recovered bullets (ojivas) and spent cartridge casings (vainas o cascabillos).

    • Direct digital search access is granted to the Criminal Identification Bureau of the PNC, the Public Prosecutor's Office, and INACIF.

    • Firearms registered under the previous agency (Department of Arms and Munitions Control - DECAM) must be re-registered with DIGECAM within a mandatory maximum window of 3 years3\,\text{years} from the date the law takes effect.

Domestic Manufacturing and Ammunition Reconditioning (Articles 27–30, 40–41)

  • Industrial Arms and Munitions Manufacturing (Article 27):

    • Open exclusively to individual citizens or legal entities registered with DIGECAM through sworn formal application.

    • Legal entities must configure their equity capital strictly through registered nominative shares (acciones nominativas).

    • Mandatory Documentation: Articles of incorporation, commercial patent (patente de comercio), tax identification certificate, legal representation appointments, complete employee payroll, police and criminal record clearances for all personnel (from executives to security guards), detailed blueprints of industrial plants, architectural security specifications, environmental impact clearance certifications, and technical descriptions of weapon mechanisms and materials.

    • Manufacturers must submit to permanent, unannounced DIGECAM technical inspections.

  • Marking Mandates (Article 28):

    • Domestically manufactured weapons must visibly stamp the manufacturer's trade name, place of manufacture, caliber, official registration number, and model.

    • Weapons seized and converted to official state service must receive specialized public property markings in accordance with regulatory bylaws.

  • Monthly Operational Reporting (Article 29):

    • Manufacturers must furnish a formal monthly report to DIGECAM within the first 5 days5\,\text{days} of each calendar month, detailing unit production volumes, serials, and sales transactions. Violations trigger regulatory administrative fines.

  • Ammunition Reloading for Personal Use (Article 30):

    • Registered firearm holders are authorized to reload/recondition ammunition strictly for their own registered firearms under personal legal liability.

    • Reloaded ammunition cannot be sold, transferred, or bartered.

    • Reloading military-caliber ammunition is prohibited.

    • Reloading presses require prior registration with DIGECAM, requiring compliance with regular firearm registration procedures and an affixed fiscal stamp payment of Q 200.00Q\,200.00.

    • Presses are authorized solely for the specific calibers registered to the owner.

    • Altering normal ballistic attributes or coating/infusing bullets with toxic, biological, or chemical substances is prohibited.

  • Manufacturing and Importation of Propellants and Gunpowder (Article 40):

    • Specific DIGECAM licenses are required for importing or producing smokeless or black powder.

    • Applicants must supply notarized affidavits stating the nature, volume, brand, specific destination, storage site conditions, and an ongoing operational commitment to document actual consumption rates.

    • Possession of reloading press registry certifications is mandatory for reloading-grade propellants.

  • Commercial Distribution of Reloading Equipment (Article 41):

    • Only licensed commercial firearms dealers authorized by DIGECAM may import and sell ammunition reloading machines and peripheral reloading components.

International Trade: Import, Export, Customs, and Transit (Articles 31–39, 42–54)

  • Export Protocols (Article 31):

    • Authorized manufacturers do not require an individualized export license if stated in their corporate charter, but must obtain a prior written Lot Transfer Authorization Certificate (certificado de autorización de transferencias de lotes) from DIGECAM.

    • Exporters must provide itemized packing manifests, recipient declarations, export quantities, and authentic, certified End-User Certificates (certificados autenticados de usuario final).

  • Commercial and Personal Import Protocols (Articles 32, 34, 35):

    • Importation rights for civil and sporting firearms are reserved for registered natural or legal entities.

    • Applications must detail lot sizes, serials, calibers, barrel lengths, models, and countries of origin, supported by clean criminal and police records and verifiable financial standing.

    • Mandatory Post-Import Testing and Marking (Article 35): Importers must deliver newly arrived arms to DIGECAM facilities at their own expense for ballistic recording and issuance of registration ownership cards. Commercial weapons must be engraved with the national import code "GUA" by DIGECAM.

  • Importation of Semiautomatic and Specialized Arms by Exception (Article 33):

    • Importation of tactical military assault rifles, submachine guns, automatic carbines, or automatic handguns by private individuals or entities is restricted.

    • These items must be ordered through a licensed commercial dealer and require prior written approval from the Ministry of National Defense along with an authorization from DIGECAM.

    • Vendors cannot hold these weapons in general sales inventory; they may only handle them on pre-authorized consignments awaiting customer retrieval.

  • Temporary Entry by Foreign Nationals (Article 36):

    • Foreigners seeking temporary entry with sporting or civil firearms must petition ahead through Guatemalan Consular Missions.

    • Approved applications generate a temporary carry or transit license communicated to the Ministry of Foreign Affairs (Ministerio de Relaciones Exteriores) to validate shipping documents.

  • License-Free Accessory Imports (Article 37):

    • The following items do not require a DIGECAM import license:

      • Mechanical accessories and minor replacement parts.

      • Sighting systems of all varieties (optical, holographic, iron).

      • Safes and secure lockboxes.

      • Oils, solvents, brushes, and gun care cleaning solvents.

      • Holsters, magazine pouches, tactical cases, and lockboxes.

      • Ammunition magazines (tolvas/cargadores) and grip panels (cachas).

      • Felt, cardboard, or plastic shotgun wads.

      • Reloading components for sporting/civil calibers: empty cartridge cases, primers (fulminantes), unprimed projectiles, birdshot, and buckshot.

      • Blank cartridges, signal flares, airgun pellets, and compressed gas munitions.

      • Compressed gas guns (≤5.5 mm\le 5.5\,\text{mm}), flare pistols, and airguns/toy projectile systems not discharging projectiles over 55 mm55\,\text{mm} in diameter.

      • Crossbows, target bows, arrows, and target quivers.

  • Specific Major Components Subject to Licensing (Article 38):

    • Individual import licenses and physical registry marks are legally required for three primary firearm components:

      1. Barrels (cañones).

      2. Frames (marcos).

      3. Receivers / Mechanism blocks (cajones de mecanismos).

  • Mandatory Spare Parts Quota (Article 39):

    • Commercial firearms importers must allocate at least 2%2\% of the total monetary invoice value of each weapon import order to corresponding mechanical spare parts.

  • Customs Clearance and Bonded Storage (Articles 42–46):

    • Unlicensed or undocumented arms reaching bonded customs warehouses (almacenes fiscales) must be sealed with official security tags (marchamos) and transferred directly to DIGECAM custody.

    • Clearance requires proof of full payment of customs duties, taxes, and presentation of the DIGECAM import license within an absolute statutory limit of 8 business days8\,\text{business days}.

    • Freight carriers must notify DIGECAM and the Tax Administration Superintendency (Superintendencia de Administración Tributaria - SAT) immediately upon bringing weapons into Guatemalan territory.

  • Domestic Transportation and Custody Limits (Articles 47–51):

    • Customs-to-DIGECAM and DIGECAM-to-dealer movements require armed escorts arranged through DIGECAM at the importer's expense.

    • Sporadic Transfers (Article 48): Civil/sporting weapon owners may request a free sporadic transfer license valid for up to 15 days15\,\text{days} to relocate firearms for maintenance, hunting, or recreation; weapons must be completely unloaded, cased, and ammunition separately boxed.

    • Sporting Club Transits (Article 49): Valid membership credentials from an authorized shooting federation or club serve as transit permits between domicile and ranges, provided firearms are unloaded in cases with magazines detached.

    • Ammunition Transport Thresholds (Articles 50, 51): An individual holding a carry license or ownership card may transport up to 500 rounds500\,\text{rounds} of matching caliber per registered weapon without special cargo permits. Shipments of 1010 or more firearms, over 10,000 cartridges10,000\,\text{cartridges}, or exceeding 25 lbs25\,\text{lbs} of gunpowder require an official DIGECAM armed security escort.

  • International Movement of Weapons (Articles 52–54):

    • Exporting personal weapons requires written authorization from DIGECAM, which must be resolved within 72 hours72\,\text{hours}.

    • National teams moving sporting weapons for international competition must apply via the National Shooting Federation, approved through the Autonomous Sports Confederation of Guatemala (Confederación Deportiva Autónoma de Guatemala - CDAG) and the Guatemalan Olympic Committee (Comité Olímpico Guatemalteco - COG), resolved within 72 hours72\,\text{hours}.

    • Transit of international arms shipments across Guatemalan territory requires prior authorization from DIGECAM coordinated with SAT, backed by foreign import certificates, carrier documentation, cargo manifests, and specified transit routes.

Commercialization and Private Transfers (Articles 55–61)

  • Commercial Merchant Licensing Requirements (Article 55):

    • Merchants must supply notarized declarations of personal details, authenticated personal identification, clean police and criminal records, audited balance sheets, corporate deeds registered in the Commercial Registry (Registro Mercantil), commercial patents, and active tax registrations.

  • Operational Security for Commercial Vendors (Article 56):

    • Vendors must maintain a permanent, real-time computerized link connected directly to the internal computer registry of DIGECAM for continuous transaction logging.

    • Facilities must incorporate physical, electronic, and structural access barriers specified by regulatory guidelines.

  • Exemptions and Limits for Sporting Entities (Article 57):

    • Sanctioned athletic shooting federations operate under their own internal organic charters. They can transfer or donate sporting weapons solely to active members, and are barred from importing or marketing military armaments.

  • Inventory Auditing Discrepancies and Sanctions (Article 58):

    • Physical stocks in gun stores must match book inventories with zero variance. Any discrepancy triggers an audit back to the last clean inspection date, allowing an administrative window of 8 days8\,\text{days} to reconcile records.

    • Failure to reconcile results in a temporary commercial closure of 15 days15\,\text{days}. Once reconciled, DIGECAM must rule on reopening within 24 hours24\,\text{hours}.

    • Unresolved or repeat inventory discrepancies cause permanent commercial license cancellation and closure.

  • Customer Purchasing Requirements (Article 59):

    • Buyers must present certified identity copies, original birth certificates, clean criminal and police records, local municipal tax receipts (boleto de ornato), and formal employment/income verifications.

    • The dealer forwards these records and the specific firearm to DIGECAM, which reviews the documents within 5 business days5\,\text{business days}.

    • Upon approval, DIGECAM returns the weapon to the vendor alongside the ownership registration card (tarjeta de tenencia).

    • The buyer is granted a non-extendable period of 3 days3\,\text{days} to transport the purchased firearm from the store to their primary residence or work address.

  • Ammunition Quotas and Invoicing Controls (Article 60):

    • Ammunition purchases require showing an ownership card or a carry license, restricted strictly to matching registered calibers.

    • Standard Monthly Quotas: Up to 250 rounds250\,\text{rounds} per registered firearm under a carry license, or up to 200 rounds200\,\text{rounds} per registered firearm under an ownership registration card.

    • Additional quantities require specialized written requests to DIGECAM proving exceptional operational needs.

    • Dealers must stamp each commercial box sold with their establishment's seal and transaction date, record the buyer's Tax ID (NIT), name, address, and license/card numbers, and submit monthly sales manifests to DIGECAM.

    • Private secondary sales of ammunition between individuals are strictly prohibited.

  • Private Firearm Transfers Between Individuals (Article 61):

    • Must be executed via formal public deed (escritura pública) authorized by a practicing notary.

    • The buyer must submit the authorized public deed transcript (testimonio) to DIGECAM within 8 days8\,\text{days} of contract execution.

    • The notary must verify the identity documents, ownership deeds, and DIGECAM registration cards, and submit formal written notice to DIGECAM within 15 days15\,\text{days} of contract signing.

    • Notaries who fail to provide notice to DIGECAM are subject to a civil fine of Q 1,000.00Q\,1,000.00 imposed by a competent judge.

    • The certified deed copy, current registration card, and DIGECAM filing receipt grant the buyer an authorization period of 8 days8\,\text{days} to transport the weapon to their residence.

    • Weapons issued for state security and public order use cannot be transferred between private individuals.

Possession, Carrying, and Special Authorizations (Articles 62–80)

  • Right to Domestic Possession (Articles 62–64):

    • Citizens hold the constitutional right to keep registered non-prohibited firearms within their home or dwelling place (lugar de habitación).

    • Registration Protocol (Article 63): The applicant presents the weapon at DIGECAM alongside the purchase invoice or notarial title deed, supplying 2 rounds2\,\text{rounds} of live ammunition for immediate forensic ballistic sampling. DIGECAM issues the ownership registration card (tarjeta de tenencia), which cannot be denied if statutory requirements are satisfied.

    • Defective Weapons (Article 64): Firearms that fail to fire during ballistic testing are issued a provisional registration card valid for up to 30 days30\,\text{days} for mechanical repair, renewable once for an additional 30 days30\,\text{days}.

  • Collector Firearms Classification (Article 65):

    • Muzzle-loaders: Matchlock (mecha), flintlock (pedernal), and percussion/caplock (chimenea/pistón).

    • Unserviceable Arms: Mechanically broken or structurally impaired weapons incapable of discharging.

    • Obsolete Arms: Firearms whose ammunition is no longer produced or has been out of commercial production for more than 15 years15\,\text{years}.

    • Serviceable Arms: Fully functional historical firearms with active commercial ammunition supplies.

    • Security Requirement for Military Collections: Collectors holding war or state security firearms must store them under high-security safeguards with the firing pins (percutores) completely removed and deposited at DIGECAM.

  • Loss, Theft, and Seizure Safeguards (Articles 66–69):

    • Theft or loss must be reported immediately to the PNC or MP, with a duplicate filed at DIGECAM (as well as subsequent recovery notifications).

    • Firearms can be seized solely via a warrant from a competent judge, except in cases of delicto flagrante (unregistered firearms are seized on sight).

    • Weapons of compressed gas under 5.5 mm5.5\,\text{mm} (0.22 inches0.22\,\text{inches}) are entirely exempt from registration and transit licensing.

    • Third-party custody or storage agreements for firearms must be documented in writing and reported to DIGECAM within 3 business days3\,\text{business days}.

  • General Carrying Licenses (Articles 70, 72):

    • Available to citizens and lawful temporary or permanent foreign residents.

    • A single carrying license document can endorse and cover up to 3 distinct firearms3\,\text{distinct firearms}.

    • Standard validity runs from 11 to 3 years3\,\text{years}, renewable upon compliance with mandatory prerequisites.

    • Application Dossier: Application form, certified identity documents, clean criminal and police record certificates, notarial mental health affidavit confirming no history of mental illness, no military desertion records, no dishonorable dismissal from the PNC, and payment of the regulatory tariff.

  • Public Order Exclusions (Article 73):

    • Carrying licenses will not be issued or renewed for individuals convicted of: intentional homicide (homicidio doloso), murder (asesinato), kidnapping (secuestro), extrajudicial execution, robbery, aggravated robbery, serious or very serious bodily injuries caused by firearms, illegal carrying of firearms, or offenses under the Law Against Organized Crime (Ley contra la Delincuencia Organizada, Decree Number 21−200621-2006).

  • Official Carry Authorizations by Reason of Public Office (Article 74):

    • The following active and former public officials may carry permitted firearms by virtue of their credential alone, provided the weapons are registered with DIGECAM:

      • Presidents of the three branches of the State (Executive, Legislative, Judicial).

      • Vice President of the Republic.

      • Deputies of the Congress of the Republic.

      • Ministers of State.

      • Attorney General of the Republic and Chief of the Public Prosecutor's Office (Fiscal General y Jefe del Ministerio Público).

      • Solicitor General of the Nation (Procurador General de la Nación).

      • General and Private Secretaries of the Presidency and Vice Presidency.

      • Magistrates of the Supreme Court of Justice, Constitutional Court, Supreme Electoral Tribunal, Appellate Courts, and Judicial Judges.

      • Former Presidents and former Vice Presidents of the Republic.

      • Former Deputies of the Congress of the Republic.

  • Competency Evaluations (Article 75):

    • Mandatory for first-time applicants, covering safe weapon handling, knowledge of the law, technical shooting proficiency, and psychological evaluations. Unsuccessful candidates are informed of specific deficiencies and may retest at will.

  • License Renewals (Article 76):

    • Requires physical firearm inspection to ensure mechanisms have not been altered, an updated application, and new criminal and police clearance certificates.

    • The expired license paired with a stamped renewal filing copy acts as an official provisional license valid for up to 45 days45\,\text{days}.

    • Licensees who have maintained a clean carrying permit for 3 years3\,\text{years} qualify to renew for an extended validity period of up to 3 additional years3\,\text{additional years}.

  • Carrying in Rural Estates (Article 77):

    • Property owners may carry civil and sporting firearms within the boundaries of their rural estates (propiedades rústicas) using only their ownership registration cards, provided the names of authorized individuals are logged with DIGECAM.

  • Private Security Companies (Articles 71, 79):

    • Guards carry civil-use weapons using specialized credentials issued by DIGECAM, restricted strictly to active working hours and designated patrol sectors.

    • Armed escorts for monetary transport and financial values may deploy individual military-grade weapons (Article 71), requiring an annual license and a favorable recommendation from the Ministry of National Defense.

    • Guards must wear official company uniforms, display visible identification badges and weapon registration cards, and maintain daily ammunition and personnel logs submitted monthly to DIGECAM.

  • Disqualifications from Carrying Firearms (Article 80):

    • Individuals under 25 years of age25\,\text{years of age} (except active, trained members of state security forces).

    • Individuals declared legally incompetent or under judicial interdiction (estado de interdicción).

    • Individuals barred under public order exclusion terms (Article 73).

General Prohibitions and State Armament Controls (Articles 81–84)

  • Impoundment Procedures and Recovery Timelines (Article 81):

    • Officers seizing weapons must issue a signed, stamped receipt.

    • Weapons seized for administrative misdemeanors must be claimed within 6 months6\,\text{months} following final judgment, upon payment of fines and documentation verification.

    • Weapons seized in criminal proceedings can be reclaimed within 3 months3\,\text{months} of a final acquittal judgment, provided the claimant holds proof of legal registration. Unclaimed weapons are remitted to the Judiciary for final disposition.

  • Absolute Prohibitions for Private Parties (Article 82):

    • Manufacturing, importing, exporting, brokering, possessing, or carrying:

      • War weapons, conventional explosives, chemical, biological, or atomic systems, booby traps, and experimental weapons.

      • Sound suppressors, mufflers, or silencers.

      • Mechanical components or conversion kits that convert firearms to automatic fire.

      • Concealed discharge apparatuses disguised as everyday items (e.g., briefcases, pens, walking sticks, books).

      • Military-issue ammunition, armor-piercing rounds, incendiary rounds, or chemical/poison-laced projectiles.

      • Artisanal, improvised, or homemade firearms.

      • Weapons devoid of serial numbers, with erased or altered numbers, or lacking make, model, caliber, and country of origin data.

      • Unauthorized transit of international weapons across national territory.

      • Open, ostentatious carrying of weapons, or the use of extended magazines that protrude past the factory dimensions of the weapon grip.

  • State Public Inventories (Articles 83, 84):

    • The Ministry of the Interior must register all weapon inventories belonging to the PNC and special task forces with DIGECAM.

    • All public administration entities employing armed personnel must file full registries with DIGECAM and submit monthly operational distribution reports.

Gunsmith Facilities and Firing Ranges (Articles 85–96)

  • Gunsmith Workshops / Armerías (Articles 85–88):

    • Must be licensed by DIGECAM; applications require an attached fiscal stamp payment of Q 100.00Q\,100.00, certified identities, clear criminal/police records, commercial patents, and proof of technical and scientific armorer competency.

    • Must maintain a DIGECAM-authorized control ledger detailing client identities, serial numbers, calibers, and registration card data, submitting written transaction summaries monthly.

    • Prohibitions: Cannot sell weapons or ammunition, perform commercial reloading, build silencers, convert mechanisms to automatic fire, accept unregistered firearms, or store bulk gunpowder (maintaining only minimal testing rounds).

  • Firing Ranges / Polígonos de Tiro (Articles 89–96):

    • Licensing and Structural Requirements (Articles 89, 90, 92): Requires an application with an attached fiscal stamp payment of Q 500.00Q\,500.00, professional architectural blueprints, environmental impact studies, safety measures, and internal rules. Physical construction requires verification by DIGECAM inspectors alongside municipal building permits.

    • On-Site Ammunition Sales (Article 91): Authorized strictly for civil and sporting calibers for consumption exclusively on range premises; requires monthly sales reporting to DIGECAM. Unauthorized sales trigger temporary closure; repeat infractions lead to permanent license revocation.

    • Operational Protocols (Articles 93, 94): Real-time network connection to DIGECAM computer systems. Range ammunition purchases do not count against personal monthly purchase quotas. Range use requires logging personal identity and weapon serials in the range ledger.

    • Prohibitions: Use of unregistered or prohibited firearms, silencers, explosive targets, and operations between 18:0018:00 and 06:0006:00 hours without prior DIGECAM oversight.

    • Instructors and Minors (Articles 95, 96): Range instructors require certification from DIGECAM (and labor permits for foreign nationals). Youth competitors under 25 years of age25\,\text{years of age} may practice target shooting under federation sponsorship, but cannot transport their firearms personally; weapons must be transported by DIGECAM-authorized escorts.

Arms Brokering and International Prohibitions (Articles 97–98)

  • Definition and Certification of Brokering / Intermediación (Article 97):

    • Covers actions by any person who negotiates, arranges, or facilitates contracts, documentation, payments, cargo shipping, or transfers of firearms or ammunition between manufacturers, suppliers, and buyers.

    • Brokers require a specific license issued by DIGECAM and ratified by the Minister of National Defense via Governmental Agreement (Acuerdo Gubernativo).

    • The license takes the form of an Intermediation Certificate (certificado de intermediación), valid strictly for a single transaction over an unextendable and non-transferable period of 90 days90\,\text{days}.

    • DIGECAM audits transaction frequency to prevent deviations to unauthorized destinations or secondary diversions back into Guatemala.

  • Prohibited Transfer Destinations (Article 98):

    • Brokering, exporting, importing, or transiting weapons or ammunition is prohibited when involving:

      • Nations engaged in active territorial disputes or border conflicts with Guatemala.

      • States subject to binding United Nations arms embargoes.

      • Governments engaged in systematic human rights violations.

      • States harboring narcotics cartels or supporting international terrorism.

      • Circumstances where weapons could support acts of genocide, crimes against humanity, irregular non-state militias, or breaches of non-proliferation treaties.

Criminal Offenses, Penalties, and Misdemeanors (Articles 99–136)

  • Import and Export Offenses (Articles 99–102):

    • Illegal Import of Weapons (Article 99): Entering uncertified or undeclared weapons through customs carries 55 to 8 years8\,\text{years} of non-commutable imprisonment (prisión inconmutable) and confiscation (comiso). If involving more than 2 weapons2\,\text{weapons}, or any military, chemical, biological, atomic, or explosive systems, the penalty increases to 88 to 12 years12\,\text{years} of non-commutable imprisonment. Sentences for public officials are elevated by one-third, plus permanent disqualification from public office.

    • Illegal Import of Ammunition (Article 100): Under 50 rounds50\,\text{rounds} carries 33 to 5 years5\,\text{years} of imprisonment; 50 rounds50\,\text{rounds} or more carries 55 to 8 years8\,\text{years}; military-grade ammunition carries 88 to 12 years12\,\text{years} of non-commutable imprisonment.

    • Illegal Export of Weapons (Article 101): Unauthorized arms exports incur 55 to 8 years8\,\text{years} of imprisonment; military, explosive, or specialized armaments incur 66 to 10 years10\,\text{years}, plus confiscation.

    • Illegal Export of Ammunition (Article 102): Incurs 22 to 5 years5\,\text{years} of non-commutable imprisonment; military or non-conventional ammunition incurs 55 to 8 years8\,\text{years}.

  • Commercial and Manufacturing Crimes (Articles 103–109):

    • Illegal Sale of Firearms (Article 103): Unauthorized sale carries 55 to 8 years8\,\text{years} of non-commutable imprisonment; sale of military firearms carries 88 to 12 years12\,\text{years}.

    • Illegal Sale of Ammunition (Article 104): Incurs 55 to 8 years8\,\text{years} of non-commutable imprisonment; military-caliber ammunition incurs 88 to 12 years12\,\text{years}.

    • Illegal Sale of Explosives (Article 105): Selling unauthorized explosives carries 1010 to 15 years15\,\text{years} of non-commutable imprisonment and confiscation.

    • Illegal Manufacture of Firearms (Article 106): Incurs 55 to 8 years8\,\text{years} of non-commutable imprisonment; manufacturing military firearms incurs 88 to 12 years12\,\text{years}.

    • Manufacture of Artisanal/Homemade Firearms (Article 107): Fabricating improvised firearms carries 66 to 9 years9\,\text{years} of non-commutable imprisonment.

    • Illegal Manufacture of Ammunition (Article 108): Incurs 55 to 8 years8\,\text{years} of non-commutable imprisonment; manufacturing military-grade rounds incurs 88 to 12 years12\,\text{years}.

    • Illicit Trade in Body Armor (Article 109): Manufacturing or selling ballistic vests without a DIGECAM permit, failing to record sales, or failing to register customer Tax IDs within 48 hours48\,\text{hours} carries 22 to 4 years4\,\text{years} of imprisonment and product confiscation.

  • Illicit Possession and Stockpiling (Articles 110–117):

    • Illegal Possession of Reloading Presses (Article 110): Incurs 22 to 5 years5\,\text{years} of non-commutable imprisonment and machine confiscation.

    • Illegal Possession of Reloading Materials (Article 111): Unlicensed possession of propellants or primers carries 22 to 5 years5\,\text{years} of non-commutable imprisonment.

    • Illegal Possession of Military Weapons, Explosives, or CBRN (Article 112): Possessing war armaments, booby traps, or chemical/biological/atomic arms carries 1010 to 15 years15\,\text{years} of non-commutable imprisonment.

    • Possession of Altered or Unmarked Firearms (Article 113): Firearms with erased, altered, or unverified serial markings incur 55 to 8 years8\,\text{years} of non-commutable imprisonment; penalties are elevated by one-third for homemade or improvised firearms.

    • Illegal Possession of Specialized Ammunition (Article 114): Incurs 55 to 8 years8\,\text{years} of non-commutable imprisonment for possessing military-exclusive, armor-piercing, explosive, incendiary, or toxic/chemical rounds.

    • Illegal Stockpiling of Civil/Sporting Arms (Article 115): Unregistered possession of 33 or more civil/sporting firearms constitutes stockpiling (depósito ilegal), penalized with 55 to 8 years8\,\text{years} of non-commutable imprisonment.

    • Illegal Stockpiling of Military Weapons and Explosives (Article 116): Unregistered holding of military arms, explosives, or CBRN agents carries 1010 to 15 years15\,\text{years} of non-commutable imprisonment.

    • Operating an Illegal Gunsmith Workshop (Article 117): Habitual maintenance or repair of third-party arms without a license carries 33 to 5 years5\,\text{years} of non-commutable imprisonment.

  • Transport and International Movement Crimes (Articles 118–121):

    • Illegal Transport of Firearms (Article 118): Moving arms without authorization carries 88 to 10 years10\,\text{years} of non-commutable imprisonment; moving military, CBRN, or homemade weapons carries 1010 to 15 years15\,\text{years}.

    • Illegal Transport of Ammunition (Article 119): Moving 5050 or more unauthorized rounds carries 33 to 5 years5\,\text{years} of imprisonment; moving military ammunition of any quantity carries 55 to 8 years8\,\text{years} of non-commutable imprisonment.

    • Illicit Trafficking in Firearms or Munitions (Article 120): Cross-border importation, exportation, transfer, or acquisition without bilateral state approval, without markings, or with falsified markings carries 1010 to 12 years12\,\text{years} of non-commutable imprisonment for civil arms, and 1212 to 18 years18\,\text{years} for military/CBRN hardware.

    • Illicit Transit of Arms or Ammunition (Article 121): Moving shipments across Guatemalan territory without DIGECAM authorization carries 1010 to 12 years12\,\text{years} of non-commutable imprisonment for civil items, and 1212 to 18 years18\,\text{years} for military/CBRN weapons.

  • Illegal Carrying and Behavioral Offenses (Articles 122–132):

    • Illegal Carrying of Military Edged Weapons (Article 122): Incurs 33 to 5 years5\,\text{years} of non-commutable imprisonment.

    • Illegal Carrying of Civil or Sporting Firearms (Article 123): Carrying without a license carries 88 to 10 years10\,\text{years} of non-commutable imprisonment.

    • Illegal Carrying of Artisanal/Homemade Firearms (Article 124): Carries 1010 to 15 years15\,\text{years} of non-commutable imprisonment.

    • Illegal Carrying of Military Firearms (Article 125): Incurs 1010 to 15 years15\,\text{years} of non-commutable imprisonment.

    • Illegal Carrying of Explosives, Chemical, Biological, or Atomic Weapons (Article 126): Carries 1212 to 18 years18\,\text{years} of non-commutable imprisonment.

    • Discharge Without Just Cause (Article 127): Discharging firearms without justification carries 11 to 3 years3\,\text{years} of imprisonment, confiscation of the firearm, and a mandatory 3-year3\text{-year} disqualification from obtaining carrying licenses.

    • Carrying Under Influence of Alcohol or Drugs (Article 128): Carrying while intoxicated or under the influence of narcotics or mind-altering drugs carries a fine of Q 1,000.00Q\,1,000.00 to Q 3,000.00Q\,3,000.00 and a 1-year1\text{-year} license suspension. Repeat violations result in doubled fines, permanent license revocation, and firearm confiscation.

    • Possession or Carrying of Altered-Serial Arms (Article 129): Incurs 1010 to 12 years12\,\text{years} of non-commutable imprisonment.

    • Failure to Carry License Document (Article 130 - Misdemeanor): Carrying a licensed weapon without having the physical permit on hand results in a fine of Q 1,000.00Q\,1,000.00 to Q 1,500.00Q\,1,500.00. The weapon is held by police and remitted to DIGECAM within 24 hours24\,\text{hours}; the judge must rule within 72 hours72\,\text{hours}. Repeat offenses result in doubled fines and weapon retention for 11 to 3 months3\,\text{months}.

    • Ostentatious or Open Carrying (Article 131 - Misdemeanor): Open, visible, or intimidating carrying leads to a 6-month6\text{-month} license suspension and a fine of Q 1,000.00Q\,1,000.00 to Q 1,500.00Q\,1,500.00. A second offense triggers license cancellation for up to 1 year1\,\text{year}; a third offense triggers suspension for up to 3 years3\,\text{years}. Law enforcement and active private guards are exempt.

    • Carrying with Expired License (Article 132 - Misdemeanor): Carrying within 30 days30\,\text{days} post-expiration incurs a fine of Q 1,500.00Q\,1,500.00 to Q 3,000.00Q\,3,000.00. Repeat offenses result in doubled fines, firearm confiscation, and a license suspension of 11 to 3 years3\,\text{years}.

  • Miscellaneous Structural and Operational Offenses (Articles 133–136):

    • Clandestine Construction of Firing Ranges (Article 133): Unlicensed construction carries 55 to 8 years8\,\text{years} of imprisonment.

    • Illegal Modification of Mechanisms (Article 134): Modifying actions (such as converting semiautomatics to automatic fire) carries 66 to 8 years8\,\text{years} of non-commutable imprisonment.

    • Repair of Unregistered Firearms (Article 135): Repairing unverified weapons in a workshop carries 66 to 8 years8\,\text{years} of non-commutable imprisonment and workshop suspension for 11 to 3 years3\,\text{years}. Repeat violations result in doubled sentences, permanent facility closure, and confiscation of all machinery.

    • Embezzlement or Withholding of Seized Weapons (Article 136): Authorities who fail to remit seized weapons to DIGECAM or who divert them for personal use face 55 to 8 years8\,\text{years} of non-commutable imprisonment.

Transitional, Financial, and Derogatory Provisions (Articles 137–151)

  • Amnesty and Ownership Regularization Window (Articles 137, 138):

    • Unregistered firearm holders are granted an administrative window of 6 months6\,\text{months} from enactment to register weapons with DIGECAM.

    • Proof of ownership is established via commercial invoice, certified public deed of transfer, or, as a temporary exception during this initial 6-month6\text{-month} window, via notarial sworn affidavit when other documentation is missing.

  • Executive Organizational Adjustments (Articles 139, 140):

    • The Executive Branch is authorized to evaluate moving DIGECAM from the Ministry of National Defense to the Ministry of the Interior within an assessment period of 2 years2\,\text{years}, contingent on internal security conditions.

    • Existing commercial arms businesses are granted a window of 3 months3\,\text{months} to install digital system links and comply with modern security standards.

  • Integration with Anti-Organized Crime Measures (Article 141):

    • Investigation and prosecution of arms trafficking, serial obliteration, and illicit weapons manufacturing apply special procedural tools, special methods of criminal prosecution, precautionary measures, and protected collaborator rules under the Law Against Organized Crime (Decreto Número 21-2006).

  • Administrative Validity and Financial Frameworks (Articles 142, 143, 148):

    • Licenses for commercial gun dealers, firing ranges, and gunsmith shops remain valid for 5 years5\,\text{years}, subject to complete documentation renewals.

    • Revenues generated from carrying license fees, inspections, ballistic services, and registration costs constitute dedicated funds (fondos privativos) for DIGECAM, earmarked specifically for maintaining and modernizing the national ballistic databank and operational infrastructure.

  • Prohibited and Forfeited Judicial Armaments (Articles 144, 145):

    • Non-registrable military edged weapons surrendered or seized must remain deposited at DIGECAM; seized military explosives are assigned to Ministry of National Defense storage.

    • Weapons held in custody connected to concluded judicial proceedings are forfeited to the State; functional items are marked and transferred to national security bodies, while unserviceable weapons are destroyed.

  • Legacy Agency Transition from DECAM to DIGECAM (Article 146):

    • Prior licenses issued by DECAM retain validity until their stated expiration date.

    • Legacy DECAM ownership registration cards remain valid for a transitional period of 3 years3\,\text{years}, within which period owners must present weapons for forensic ballistic sampling.

    • All financial balances, property, physical archives, equipment, and digital databases belonging to DECAM are transferred directly into the property of DIGECAM.

  • Regulatory Implementation and Public Outreach (Articles 147, 149):

    • The Executive Branch must draft and issue the general administrative regulations (Reglamento de la Ley) within 3 months3\,\text{months} of enactment.

    • The Executive must finance and execute a national public awareness campaign detailing legal responsibilities under this law.

  • Derogations and Effective Date (Articles 150, 151):

    • Formally repeals Decree Number 39−8939-89 of the Congress of the Republic (the prior Weapons and Munitions Law) and its subsequent amendments, alongside item 1111 of Article 55 of Decree Number 37−9237-92 (Tax Stamp Act), and all conflicting rules.

    • Decree Number 15−200915-2009 enters into legal force 8 days8\,\text{days} after official publication in the Official Gazette (Diario de Centro América).

    • Legislative Enactment: Passed by the Congress of the Republic in Guatemala City on March 31, 2009 (signed by President José Roberto Alejos Cámbara, Secretary Maura Estrada Mansilla, and Secretary Baudilio Elinohet Hichos López).

    • Executive Sanction: Promulgated at the National Palace, Guatemala City, on April 20, 2009 (signed by President Álvaro Colom Caballeros, Minister of National Defense Abraham Valenzuela González, Minister of the Interior Salvador Gándara Gaitán, and Secretary General of the Presidency Lic. Carlos Larios Ochaita).