Resumo de Armas Leis Doutrina e Jurisprudência

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  • Porte + Registro vencido = é crime;
  • Posse + Registro vencido = Para o entendimento majoritário = não é crime;
  • Arma desmontada ou desmuniciada – Há crime da lei 10.826/03. Não majora o art. 157 (Roubo);
  • Arma de brinquedo / Simulacro / Réplica – Não há crime da lei 10.826/06. Cuidado – Até pode haver 157, MAS NÃO MAJORADO;
  • Arma branca – Não é crime da lei 10.826/03. CUIDADO! Majora o roubo de 1/3 até metade (Art. 157, § 2º, VII);
  • Roubo com emprego de Arma de Fogo – Hediondo;
  • Roubo com emprego de arma de fogo de uso restrito – Hediondo;
  • Roubo com emprego de arma de fogo de uso proibido – Hediondo;
  • Roubo com emprego de arma de fogo de uso restrito ou proibido – Majora em dobro;
  • *Homicídio com emprego de arma de fogo de uso restrito ou proibido – Hediondo *;
  • Tráfico internacional de arma de fogo – Hediondo;
  • Crime de comércio ilegal de armas de fogo – Hediondo;
  • Posse ou porte ilegal de arma de fogo de uso proibido – Hediondo;
  • Posse ou porte ilegal de arma de fogo de uso Restrito = NÃO HEDIONDO
  • Porte de granada de gás lacrimogêneo – não se enquadram no conceito de artefatos explosivos;
  • STJ – Arma de fogo de uso PERMITIDO + arma de fogo de uso RESTRITO = CONCURSO FORMAL;
  • Arma de fogo de uso PERMITIDO + arma de fogo de uso PERMITIDO
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     = CRIME ÚNICO ou seja Apenas 1 crime.

—————————————————————————————————–

OUTRAS OBS:

  • Autorização para o Porte: PF após autorização do Sinarm;
  • Autorização para compra de Arma de Fogo: Sinarm;
  • Autorizar a aquisição de armas de fogo de uso restrito: Comando do Exército;
  • Autorização do porte de arma para os responsáveis pela segurança de cidadãos estrangeiros em visita ou sediados no Brasil: Ministério da Justiça;
  • Expedir Certificado de Registro de Arma de Fogo de uso permitido: PF após autorização do Sinarm;
  • Concessão de porte de trânsito de arma de fogo para colecionadores, atiradores e caçadores e de representantes estrangeiros em competição internacional oficial de tiro realizada no território nacional: Comando do exército.

Fonte: Matheus Oliveira.

CEBRASPE (2023):

QUESTÃO CERTA: Julgue o próximo item, pertinentes à Lei Antiterrorismo — Lei n.º 13.260/2016 e ao Estatuto do Desarmamento — Lei n.º 10.826/2003. A posse de arma de fogo de uso permitido com registro vencido é mera infração administrativa e conduta penalmente atípica.

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