Supreme Tribunal Federal (STF) Minister Alexandre de Moraes ordered the destruction of specified firearms surrendered by former President Jair Bolsonaro, according to judicial decisions issued on Friday, August 28, and Tuesday, September 1.
Judicial Rationale and Precedent for Destruction
According to the court decision, Moraes determined that the armaments served as instruments of a crime because they were employed or destined for criminal practices. The ruling notes that Bolsonaro was convicted of crimes including armed criminal organization. This directive follows prior rulings in analogous cases, such as AP No. 2,577/DF and Pet No. 11,392/DF, where the court ordered the destruction of weapons devoid of interest for penal prosecution.
The Procuradoria-Geral da República (PGR) had suggested that the military could choose between destroying the items or donating them to the Armed Forces or public security agencies. However, the final judicial determination specified the destruction of the listed armaments rather than donation.
Specific Firearms Targeted for Destruction
According to the court records, the Federal Police surrendered a total of ten weapons. Moraes ordered the Comando de Operações Especiais do Exército Brasileiro to destroy seven specific firearms after the completion of required expert reports:
- Forjas Taurus pistol, serial number KVJ78119, .380 Auto caliber (permitted use), SIGMA registration No. 77,886.
- Forjas Taurus pistol, serial number SGW80868, .40 Smith & Wesson caliber (restricted use), SIGMA registration No. 754,078.
- Springfield Armory carbine/rifle, serial number 1198953, 7.62×51 mm caliber (restricted use), SIGMA registration No. 1,070,836.
- Typhoon shotgun, serial number JMB0001, 12 GA caliber (restricted use), SIGMA registration No. 1,386,851.
- Arex pistol, serial number 0038, 9×19 mm Parabellum caliber (restricted use), SIGMA registration No. 1,632,503.
- SIG Sauer pistol, serial number M17091397, 9×19 mm Parabellum caliber (restricted use), SIGMA registration No. 1,784,434.
- Maestro Arms Company shotgun, serial number 481-H21YD-1017, 12 GA caliber (permitted use), SIGMA registration No. 1,816,471.
As reported, the Polícia Federal (PF) had asked the Supreme Court to determine the destination of the seized weapons because the agency lacks jurisdiction to decide their fate and confirmed the items are not part of an ongoing PF criminal investigation.
Did You Know? In July, Minister Alexandre de Moraes ordered the cancellation of Jair Bolsonaro’s CAC (Colecionador, Atirador e Caçador) registration and revoked his gun permit, a measure triggered after a pistol was discovered with a security agent during a blitz in the Distrito Federal.
Exemptions and Ongoing Investigations
One firearm surrendered by the defense is exempt from the destruction order. According to court filings, a Glock pistol remains in the custody of the Polícia Civil do Distrito Federal because it was seized from an Institutional Security Cabinet (GSI) agent during a blitz and serves as an object in an active investigation. When questioned by authorities, the employee stated that the item was broken and that he intended to take it for repairs.
Frequently Asked Questions
Why are the weapons being destroyed instead of donated?
Although the Procuradoria-Geral da República suggested that the Army could choose between destruction or donation to public security agencies or the Armed Forces, Minister Alexandre de Moraes ordered the destruction because the armaments were determined to be instruments of a crime used in an armed criminal organization.
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Who will carry out the destruction of the firearms?
According to the court decision, the weapons designated for destruction will be sent to the Comando de Operações Especiais do Exército Brasileiro after the preparation of expert reports.
Are all of the seized weapons being destroyed?
No. An exception applies to a Glock pistol currently held by the Polícia Civil do Distrito Federal because it was seized from a GSI agent during a blitz and remains part of an active investigation.
What steps might the military take next once the expert reports on the firearms are finalized by authorities?