open dyslexic mode

The 3rd Criminal Division of the Court of Justice of the Federal District and Territories (TJDFT) upheld the conviction of a sports shooter to 2 years and 4 months of semi-open prison for illegal possession of a permitted firearm.
The man, who is registered as a Collector, Sports Shooter, and Collector (CAC), was stopped by the Federal Highway Police on BR-070, heading towards Águas Lindas, Goiás, and was carrying a 9mm pistol with 12 rounds of ammunition in his vehicle. During the stop, officers found the unloaded weapon in the glove compartment and the magazine near the handbrake. The defendant claimed he was on his way to meet his mother-in-law, who needed medical attention, and would later go to the shooting range.
The defense argued that there was no intent in the conduct, since the defendant had the required documents to transport the weapon and that he changed his route due to an emergency. The judge further argued that the firearm was properly unloaded, with the ammunition separated, in accordance with legal requirements. He requested an acquittal or, alternatively, recognition of the atypical conduct due to the justified deviation from the route.
The panel clarified that the authorization granted to the CACs requires strict adherence to regulatory requirements, which includes the previously authorized route. According to the reporting judge, "the establishment of the offense under Article 14 of
Law No. 10.826/2003 does not require proof of specific intent; the possession or transportation of a permitted firearm without authorization or in violation of a regulatory standard is sufficient."
The panel rejected the defense's claims regarding an emergency situation, as no documentary evidence was provided that the defendant was traveling directly to the shooting range. Regarding the prison regime, the judges confirmed the initial semi-open regime due to the convicted man's recidivism, even though he had a sentence of less than four years. For more information, see case number 0734010-48.2023.8.07.0003.
Source: TJDFT News.
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