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

Subject/Law	Long guns	Handguns	Relevant statutes	Notes
Permit to purchase?	No	No		Firearms purchases are subject to the requirements of US Federal law
Firearm registration?	No	No
Assault weapon law?	No	No
Magazine capacity restriction?	No	No
Owner license required?	No	No
Carry permits issued?	No	Situation Unclear		The Commonwealth had a may-issue policy for the issuance of concealed carry permits, however this scheme was ruled unconstitutional. As of June 20, 2015, both concealed and open carry without a permit are technically legal, but authorities in some areas have been continuing to detain or arrest persons carrying in public under pre-existing statutes.[3][4][5] Under the court’s guidelines, all one would have to do henceforth to obtain a firearm is complete a Bureau of Alcohol, Tobacco, Firearms and Explosives Form 4473 at purchase from a licensed dealer and pass a NCIS instant background check. Once obtained, it could be carried, either openly or concealed, anywhere not already prohibited by law.[6][7] The ruling was reportedly stayed for 60 days pending a possible appeal. It seems as though the stay has expired, but authorities in some areas are still enforcing the previous laws pending resolution of the appeal process.[8][9]
Open carry?	Yes	Situation Unclear		See notes for Concealed Carry Permits above.
NFA weapons restricted?	Yes	Yes		Automatic firearms are prohibited.
Peaceable journey laws?	No	No		Federal law (FOPA) applies.

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.^[7] 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.^[10] 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.^[11] 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.^[12]

References

1. "Gun Laws: Puerto Rico", National Rifle Association – Institute for Legislative Action. Retrieved August 03, 2014.
2. "Puerto Rico", Handgunlaw.us. Retrieved August 03, 2014.
3. Webber, Lee P. (July 15, 2015). "Gun Case May Have Ripple Effect", Pacific Daily News. Retrieved March 18, 2016.
4. Hawkins, Awr (June 22, 2015). "Puerto Rican Court: 2nd Amendment Means No License Required for Open Carry", Breitbart. Retrieved March 18, 2016.
5. "Court Victory Gives Puerto Rico Permitless Concealed Carry and Open Carry", Concealed Nation, June 20, 2015. Retrieved September 6, 2015.
6. "Judge's ruling threatens upheaval of Puerto Rico gun laws". Guns.com. Retrieved 2016-03-28.
7. "SAF Lauds Puerto Rico Court Victory for Gun Rights", Second Amendment Foundation, June 19, 2015. Retrieved September 6, 2015.
8. "Justicia solicitará reconsideración en caso de Ley de Armas". www.justicia1.pr.gov. Retrieved 2016-03-28.
9. "Puerto Rico Court Ruling on Carrying Firearms", Handgunlaw.us.
10. "Puerto Rico Gun Laws Guide", Bureau of Alcohol, Tobacco, Firearms and Explosives. Retrieved August 03, 2014.
11. "Más Puertorriqueños Armados" ("More Armed Puerto Ricans"), El Nuevo Día. Retrieved August 3, 2014.
12. "Puerto Rico Gun Laws", TheTruthAboutGuns.com. Retrieved August 03, 2014.