National law of weapons and explosives

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08/11/13 LAW NO. 20,429 of the 21/3/73
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NATIONAL LAW OF WEAPONS AND EXPLOSIVES
Regulations.
Law Nº 20,429
Bs. As., 21/5/73
in use of the powers conferred by article 5 of the Bylaws of the Argentine
Revolution,
THE PRESIDENT OF THE ARGENTINE NATION SIGNS AND promulgates WITH FORCE
OF LAW:
CHAPTER I
General Provisions
Subject Matter of the law and territorial scope
Article 1 - The acquisition, use, possession, bearing, transmission by any title,
transport, introduction to the country and import of firearms and launch by hand or
by any kind of device, aggressive chemicals of any kind and other materials which
are classified as weapons of war, gunpowder explosives and related, and weapons,
munitions and other materials classified for civilian use, are subject to all the
territory of the Nation to the requirements of this act, No exceptions other than
those specified in article 2 °.
Art Exclusions. 2° - are excluded from the requirements of this act: (
a) acts of any kind related to all kinds of weapons, materials and substances covered
in the preceding article, when they were exercised by the Armed Forces of the
Nation;
(b) The white and blunt weapons, provided that they do not form an integral part or
accessory of the classified as a "weapon of war".
Classification of the material
Art. 3° - For the purposes of this law, the materials referred to in Article 1 shall be
classified into the following categories:
1° Weapons of war.
2° Gunpowder explosives and related.
3° Weapons for civil use.
The Executive Power shall be established in the regulations of this law the elements
that make up each of the categories. In the corresponding category 1) and (2), shall
be determined the "exclusive use for the military institutions", the· "of use for the
public force", the "conditional civilian use", the "special-purpose" and the
"prohibited for use".
Loose Parts, spare parts and consumables
the provisions on the materials covered by this law shall be applied, in the cases that
the regulations determined, to the loose parts that are composed and their spare
parts, or their ingredients if it were of substances, provided that your destination
and use were exclusive or special for the material provided.
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Marks, passwords, numbering
The materials will be the numbering, brands and passwords that appropriate, be
they manufacture or placed by the authority in accordance with the regulations that
determine the.
Jurisdictional Scope, control and inspection
Art. 4° - all the acts referred to in the present law to understand material classified
as "a weapon of war", as well as the import of "weapons of civilian use, and the acts
of Estee Lauder's sympathetic, explosives and related, shall be audited and
monitored by the Ministry of Defense.
Such audit shall be exercised in regard to the "weapons of war" and import of
"weapons of civilian use", through the National Register of arms; and in regard to
gunpowder, explosives and related by the General Directorate of Military
manufactures.
Other acts to understand material classified as "weapons of civilian use", will be
audited by the authorities that determines the article 29 of this law, under the
supervision of the Ministry of Defense through the National Registry of weapons.
Manufacture and export
Article. 5° - the manufacture and export of the materials referred to in Article 1 shall
be governed by the provisions of law 12,709 , without prejudice to the that, for the
export, correspond in the customs order.
Ban shipments of "orders"
Art. 6° - the arms, ammunition, gunpowder, explosives and other materials that are
covered in the article 1 °, with a few exceptions that determine the rules, may not be
shipped "orders" to the Argentine Republic. Knowledge, consular invoices,
certificates of shipment and any other source documentation, will not be accepted
or endorsed in the consulates of the Republic if it did not expressly stated in the
signature shipping agent.
Movement by mail
Art. 7° - prohibited the employment of the postal services for the introduction to the
country and for any form of internal movement, of the materials covered by this law,
with the exceptions that the regulations determine with respect to weapons of
civilian use and the related substances referred to in article 3 °.
Art Inspection. 8° - the Ministry of Defense, through the National Registry of
weapons, you can when it deems it appropriate to call the individuals that possess
weapons of any category, in the whole country or part of it, to submit them to the
competent authorities for the purpose of the inspection of those. The presentation
will be accompanied by the documentation that proves the possession.
For the gunpowder, explosives and related, the respective regulation shall provide
for the inspection regime of a permanent nature, that it will apply to all events
related to this law.
Art modifications and repairs. 9° - prohibited weapons in carry out modifications that
alter their originating features without prior authorization from the executing
agency which is appropriate for the material, subject to the exceptions to be
determined by the regulations.
The workshops and individuals only accept works of modification and repairs
commissioned by legitimate users.
CHAPTER II
of the weapons of war
record of weapons of war
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Article. 10. - The National Register of Arms shall maintain a register of weapons of
war, which will include all the material of this nature existing in the territory of the
Nation, with the exception of the belonging to the Armed Forces. Those responsible
to be determined by this act and its regulations are obliged to provide all the data
required for its formation and update, within the time limit and in the way that they
establish.
Introduction to the country and import
art. 11. - The introduction to the country and import of material classified as "a
weapon of war", will be adjusted to the regime that is then determined.
By individuals
1° is only permitted the introduction of those materials whose tenure has been
previously authorized in accordance with the provisions of this act and its
regulations.
Such material, as well as the are imposed on those who carry travelers from abroad,
is trapped in the respective customs or police unit up to the presentation of the
relevant permission.
If this has been denied its possessor may opt for dispatching the material to the
exterior, to sell at a registered merchant when appropriate or donate it to the State.
After the end of 180 days of the notification of the denial without has opted for any
of the alternatives mentioned above, the material will be considered abandoned
property and will move to the State. The State may at any time expropriate the
material whose introduction has not been authorized.
Registration of importers
2° the importers, in addition to complying with the requirements that impose other
legal and regulatory provisions, shall: (
a) Register of the records that are determined by regulation;
(b) keep special books, initialled by the competent authorities, and communicate the
same to their operations.
Import
any import 3° for commercial purposes will require prior authorization from the
National Register of Arms, that will be granted only to importers enrolled. Refused
permission, the material should be reembarcado abroad. Upon expiry of the term of
180 days of the notification of the refusal, without which there had been the
shipment of the material, the same shall be deemed abandoned and will be property
of the State.
The State may expropriate at any time the material whose import permit had been
denied.
Customs ports and authorized
4° the import and export should only be carried out by the port and customs that
attach the Executive Branch.
Ships and aircraft or armed with shipments of weapons
5° It is prohibited to any ship or boat of foreign national flag or sail or armed with
shipment of materials classified of weapon of war, in the waters of Argentine
jurisdiction, without patent of legitimate authority, or outside of the cases
determined by this act and its regulations. The same prohibition is extended to the
aircraft flying over the national territory.
International Transit of material
6° the transit through the national territory to another country shall be made upon
authorization of the National Registry of firearms, in accordance with the
international conventions that existed in the area, without prejudice to the
compliance with other provisions which govern in this regard.
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Tank
7° The deposit shall be made in the places that are officially enabled for this purpose.
The Executive regulation shall regulate power concerning: requirements of the entry
in the records and their expiration; shape and amount of the special books and data
would be entered in them, formalities of import orders; knowledge, invoices and
shipping documentation; comptroller and consular improvisation; place and
conditions of delivery and warehouse charges; material in transit.
Art Shuttle. 12. - The transport, shipping or any other form of movement, you will
need prior written consent of the National Registry of weapons. Authorisation is not
required if the transport is carried out by a legitimate user, in the quantity and form
that set the rules. The regulations shall establish the other formalities to be fulfilled
by the concerned and transport companies.
Art Sale. 13. - The weapon of war may not be alienated but in such cases and under
the following conditions:
1° the sale may only be carried out by importers, industrial or traders registered to
legitimate users referred to in article 14 of this law, with prior authorization of the
National Registry of weapons. The regulations shall specify the other requirements
and formalities that must be met, without prejudice to the requiring the ordinances
of customs for the transfer of goods in customs warehouses.
Sale at auction
2° the sale at a public auction, judicial or particular, it may only be carried out to a
legitimate user to which you will be required for the delivery of the material, the
authorization of award referred to in the preceding paragraph.
The operation will be communicated by the auctioneer to the National Register of
Arms.
Garment
3° the operations of possessory pledge shall be made only with official institutions of
loans, provided that the material is deposited in local halle enabled especially for this
purpose.
The operations of garment may not be carried out when the material is in customs
warehouses.
4° The Transmission domain transmission, possession or possession by any title will
require prior authorization. The material that may not be in possession of those who
need to receive is considered to be of public utility and subject to expropriation,
apply in this case the provisions of article 19.
Legitimate users
Article. 14. - Will Be legitimate users of the classified material as a weapon of war:
security policemen
1° The security policemen qualified for the "use of the public force". The quantity of
the same be in proportion to the number of troops, will be subject to the capacity
vocational-technical and will be maintained with respect to the demands of order
and security of each police in particular.
Members of armed forces and security police
2° the members of the Armed Forces and those of the security police, provincial or
national, for the "conditional civilian use" and "prohibited use" with the scope and
limitations that set the
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regulations.
Residents of regions with poor surveillance and other inhabitants
3° the inhabitants of regions that have little police surveillance and all other
inhabitant who for security reasons it is essential to grant this franchise, to the
material conditional civilian use.
Hunting
4° individuals who dedicate themselves to hunting, to the material conditional
civilian use.
Associations of
5° draft associations in that the sport of shooting recognized, registered and audited
by the command in Chief of the Army (General Directorate of Pull) for the material of
"conditional civilian use". The class and quantity of the material will respond to the
needs of the institution and shall be determined by the respective agency. The
materials that will provide the State and the property of the drawbar institutions
must be kept at the premises of these, under the responsibility of the authorities of
the same and in the conditions of security and safety regulations that determine. In
the case of infringement of regulations, the respective agency may order the
suspension or withdrawal of recognition, which will mean the prohibition of any
practice with this material.
In the case of withdrawal shall be the expropriation as set out in article 18,
paragraph 2 °.
Members of the associations of
6° draft The members of the associations in which the sport is practiced drawbar, for
the use of conditional civilian.
Boats - Aerodromes
7° the crews of the vessels or other craft or foreign national patent in jurisdictional
waters argentinas, for qualified as "special-purpose" intended for fishing, safety
signs, in the quantity and form that the regulations authorize. The staff of the
aerodromes, for signals and security services.
Institutions
8° official institutions and the private with its own legal personality, banking and
commercial, with respect to the material described as "special use" and "conditional
civilian use" to provide for their safety.
For the use of armoured vehicles intended for the carriage of money and effects of
great value, institutions must apply to the national register of arms the adoption of
the model as a precondition for its possession.
These vehicles must be stored in the places determined by the competent authority.
When the save in government departments, the appropriate authorities may require
the payment of a fee in accordance with the usual price in the area for this class of
services.
The regulations shall establish for each of the cases referred to in subparagraphs (2 °,
3 °, 4 °, 5 °, 6° and 8° of the present article the conditions and requirements to be
fulfilled by users to obtain the relevant permission of tenure.
The granting of permission of tenure does not matter, in any case, authorization for
the possession of the weapons that the same understanding, that is so forbidden.
Communication of subtractions, bewilderment and losses
Article. 15. - Every user of "weapons of war" is obliged to inform the competent
authority the subtractions, bewilderment and losses immediately produced, without
prejudice to the complaint that can or should do to the police or the justice.
Use prohibited Material
Art. 16. - May not be any kind of acts with the material described as "use
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prohibited", except those expressly authorized by the Executive Branch.
Denunciation of the material - Amnesty
Article. 17. - Persons or public and private institutions that currently have in their
possession, by any title, material classified as weapons of war, must declare it to the
National Register of arms in the term to be determined by the regulations. Are
amnestied by criminal offenses and administrative all offenders that they are lodged
within the time limit set. Administrative actions necessary to regularize their
situation will not annotated as background in the unfavourable police or
administrative order.
Regime of existing material
Art Review of authorisations. 18. - In relation to the material classified as a weapon
of war, we shall observe the following provisions:
1 authorizations granted tenure with prior will be ratified if they conform to the
present law and its regulations.
2° The material that, in accordance with article 14 of the present law and its
regulations, cannot be in possession of its current users, must be transferred to a
third party legitimate user within ninety days of the publication of this law.
After this period without that i will check the transmission, the material will be
considered declared of public utility and subject to expropriation.
3° The expropriation procedure shall be fixed by regulation. The compensation will
be due to the legitimate users according to the above provisions and to those who
kept the material unlawfully for personal defense or other justifiable cause.
In other cases, the material shall be confiscated.
Material of traders
4° traders who despise material existence qualified as weapons of war may choose
to maintain in tank for future sales within the scheme of the present law or export it
in accordance with existing rules. Do not be carried out the sale or not the export
within the term of 180 days, such material shall be deemed declared of public utility
and subject to expropriation.
Inauguration of the expropriated
Art materials. 19. - The Ministry of Defense, through the National Registry of
weapons, you can take immediate possession of the material subject to
expropriation, if there is no agreement with its owner will be subject to the inclusion
of its fair value (price) set by experts, with more compensation not greater of ten
percent (10 % ).
Distribution
The Ministry of Defense, to proposal and with the advice of the National Registry of
weapons, will distribute the expropriated material between the armed forces and
institutions referred to in article 14, paragraphs 19 and 59, according to their nature
and need.
The foregoing provisions and the provisions of article 18 shall be applicable and will
be remaining every time, by reform of the classification, go to the category of
weapons of war, existing materials for civilian use.
CHAPTER III
of the gunpowder, explosives and related
Art Registry. 20. - Importers, exporters, manufacturers, users and anyone who is
involved in
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trade, industrialization and employment of gunpowder, explosives and related must
be entered in the register to be organized by the Ministry of Defense in accordance
with the rules, which shall determine the conditions and terms of the registration
and documentation.
Realization of acts. Agents. Waiver to small users
Article. 21. - The import, export, manufacture, marketing, tenure and employment of
gunpowder, explosives and related may only be carried out by agents registered in
the registry established in the preceding article. Are required the complaint and the
provision of all data and information and the compliance of all the requirements
established by the regulations, in the manner and within the same determine. Such
regulations may dispense with all the formalities prescribed, or part of them, to the
small users, under conditions that ensure the purposes of public safety that pursues
this law.
Import - Export
Article. 22. - Import and export of gunpowder, explosives and related, were carried
out by the port and customs that determine the Executive Branch, leaving the
materials brought to the country deposited to the order of the Ministry of Defense,
as belonging to the importer.
If the import permit is denied, the material must be re-exported or shall be owned
by the State, without the right to any compensation if that operation is not carried
out by the deadline that is fixed or doeth abandoning them.
Art Regulations. 23. - The Executive Power shall be determined in the regulations
governing the requirements that you must meet the conditioning of the gunpowder,
explosives and related; its transport, loading and unloading, storage, tenure and any
other requirement for security and identification.
Technical and safety requirements
Article. 24. - For its import, export, manufacture and marketing, the materials must
successfully respond to the technical and safety requirements set forth in the
regulations.
If you do not respond, and not feasible repair the deficiencies noted, the Ministry of
Defense shall arrange for its destruction, without which the owner or consignee is
entitled to any compensation.
Art Storage. 25. - The storage of gunpowder, explosives and related must take place
in premises previously authorized by the Ministry of Defense. The regulations shall
determine the conditions of their location and their characteristics, the maximum
amount to be deposited in each one of them, and any other requirement for security
and surveillance.
Art Shuttle. 26. - Regulations shall determine the conditions in which the transport
took place of gunpowder, explosives and related by determining, in addition, the
prohibitions and limitations in relation to the technical requirements and security
and the materials and the use and destination of the same.
Possession and bearing
Art. 27. - Is prohibited the possession of gunpowder and firearms, explosives and
related in any way and place, outside of the cases covered by this act and its
regulations.
Applicable Provisions
Article. 28. - The provisions of articles 11 (points 5° and 6 ° ), 15 and 16 apply to the
materials covered in this chapter, in the cases determined by the regulations and on
the basis of classification of the same.
CHAPTER IV
of the civil use of arms
control regime and applicable
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Article. 29. - The acquisition or transmission by any title, use, possession and carrying
of arms in civilian use, shall be audited in the Federal Capital and other places under
federal jurisdiction by the Federal Police, the National Gendarmerie and Prefectura
Naval Argentina within their respective jurisdictions, and in the provinces by the
local police officers, without prejudice to the supervision of the Ministry of Defense,
in accordance with article 4 °. The regime will be the following:
1° Only older people may be holders of the acts referred to in the first part of this
article, with the formalities to be established by the regulations.
2° The owners, managers or persons responsible for armory and business of any kind
that traded with "weapons of civilian use", even when such activity is incidental,
shall be obliged to carry a special register. Furthermore, they must notify the local
authorities of control operations, in the form and time limits set by the regulations.
Banks and houses of loans
3or the banks loan officers pawnbrokers and pawnshops incorporated at the same
speed when they were authorized by law to sell extrajudicially executed or public
auction, the efforts of term expired, shall keep a record of special operations that
understand weapons for civil use, with the safeguards set out in the preceding
paragraph, and with the same obligation to communicate to the local authorities of
control.
Sale at auction
4° the responsible for the sale of weapons for civil use at a public auction, judicial or
particular must comply with the formalities provided for in subparagraph (2 °.
Inventory Record
5° The responsible referred to in paragraphs (2 °, 3° and 4° shall keep a record of its
existence, in which will settle the whole of the material that they possess, as well as
its ups and downs, with the obligation to report regularly to the local authority
control.
Transmission between individuals
6° The regulations shall establish the procedure to adjust the transmission of arms in
civilian use between individuals, must foresee intervention in such cases the local
authority control.
Art. 30. - Met the precautions and formalities that set the rules for the acquisition of
the weapon, the applicant shall obtain from the local authority to audit the relevant
certificate of possession.
The certificate does not authorize tenure in any case the possession of the weapon
to which it relates, which only will be given prior permission, in the cases that with
exclusionary this act or its regulations determined.
Import - Introduction
Article. 31. - The import of arms in civilian use shall be governed by the provisions of
subparagraphs (2 °, 3° and 4° of article 11 of this law.
Art. 32. - The introduction of weapons for civilian use by inhabitants of the country
or travelers from abroad, shall be permitted only after obtaining on behalf of the
interested party of the corresponding certificate of tenure, which shall manage
before the local authority of audit, with the formalities that set the rules. Until both
will not get the certificate the material shall be deposited in the special places that
the effect is determined.
Art Shuttle. 33. - The transport of weapons for civilian use in quantities, will require
special permission from the local authority of audit with jurisdiction in the place of
origin. The regulations shall establish the procedures that must be carried out such
transport.
Transport operators and any other person that could be devoted to this activity, it
will not accept charges of such material, if the same is not accompanied by the
special permit.
Individual transport must be carried out on all the cases, accompanied by the
weapon of the corresponding
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certificate of possession.
Denunciation of the weapon
Art. 34. - Every holder, by any title, of weapons for civil use, is obliged to your
complaint within the time period and with the formalities that set the rules. Failure
to comply with this obligation shall render the offender liable to the penalties
provided for in this law.
CHAPTER V
Art temporary limitation. 35. - The Chief Executive may, when the circumstances
require it for reasons of security or defense, to prohibit or restrict on a temporary
basis the whole or any of the acts referred to in article 1 of the present law, relating
to the arms and ammunition, gunpowder explosives and related. The adoption of
this measure should be left on record of the period of its validity.
CHAPTER VI
of the infringement of this law and its sanction
Art. 36. - Any violation of the prohibitions or failure to comply with the obligations
under this act and its regulations, shall be punished by the control authorities that
appropriate, as determined by the article 4 °, through the joint or separate
application, as the case may be, of the penalties set out below:
1° formal administrative Warning.
2° Fine of twenty (20) pesos to two thousand (2,000 ) pesos, in the case of
individuals or individual responsible.
3° Fine of two hundred (200) pesos to twenty thousand (20,000 ) pesos, in cases of
businesses, industries, factories, mines, construction, importers, exporters or
responsible commercial or collective.
4° Temporary suspension in the registration or authorisation granted, between one
(1) month and one (1) year to legitimate individual users and three (3) days to one
(1) year, in the case of businesses, industries, factories, mines, construction,
importers, exporters, or business leaders or collective.
5° Closure of the local operation or place of work where the commerce, industry,
factory, mine, work, etc. , between three (3) days and seven (7) months.
6° Confiscation of material breach.
Art. 37. - In the event of the concurrence of two or more offenses, the maximum
limit of amounts and the fines provided for in subparagraphs (2° and 3° and the
terms of suspension or closure referred to in subparagraphs (4° and 5 °, all of the
preceding article, shall be raised to double.
The fines imposed by resolution firm, should be bent in the term that set the rules.
Not verified your payment within the time-frame to be determined, the same shall
be enforceable by the track set out in articles 604 and 605 of the Code of Civil
Procedure and Commercial Nation (Law No. 17,454 ), serving as a sufficient title
resolution that imposed the fine or its duly authenticated copy.
Recidivism
Art. 38. - There Will Be repetition when it commits a new crime within the time limit
referred to in article 40 for the prescription of the last penalty, although any
mediated pardon or commutation.
The formal administrative warning shall not be taken into account for the effects of
recidivism.
Art. 39. - In case of recurrence the minima and maxima of the sanctions provided for
in subparagraphs (2 °, 3 °, 4° and 5° of article 36 shall be doubled.
From the second relapse, in addition to the application of appropriate sanctions in
accordance with the provisions contained in the preceding paragraph, it will be
possible to have the definitive cancellation of the permit or
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approval granted.
Art. 40. - Action to punish offenses prescribed to the year of consummate the lack,
to count the day that it was committed, or in which ceased to be committed if
outside continues.
The statement of actions aimed at checking the lack, or the commission of a new
offense, have interruptivos effects.
The sanctions prescribed to the two (2) years from the firm resolution that the
imposed.
Art and appeal procedures. 41. Infractions will be verified via written proceedings
and summary executions by the police authority or administrative responder. The
final resolution will be dictated by the regulatory authority concerned, after hearing
the concerned and with the internal procedures to be established within the limits
prescribed by this act and its regulations.
The resolutions which impose a sanction may be appealed within five (5) days of
being notified the applicant before the national court jurisdiction because of the
place where the offense was committed in accordance with the procedure laid down
in articles 588 and 689 of the Code of Criminal Procedure (Law number 2,372 )
in the case of the destruction of seized material, the judge or the regulatory
authority may order compensation corresponding to the value of the same at the
time of its destruction only when it is proved that the measure was manifestly
unreasonable.
Preventive Measures
Art. 42. - The control authorities may have preventively and until final decision is
taken, the abduction of the material in breach, the temporary suspension of permit
or authorization granted or the temporary closure of the local or place of operation
in a manner to be determined by the regulations.
The time of suspension or preventive closure will be subtracted from the time of the
penalty, if any.
It may also provide for the seizure and immediate destruction of the material in
infringement when there are serious and urgent security reasons.
Against the preventive measures set forth in this article the person concerned may
appeal to the highest authority of audit, asking for his impeachment.
CHAPTER VII
National Registry of
Art weapons. 43. - The National Register of Arms provided for in the second
paragraph of article 4° will operate in and will be organized by the command of
arsenals of the Chief Command of the Army, under the direct dependence to all the
purposes of this act of the Minister of Defense.
Art. 44. - The address of the National Register of arms shall be exercised by a
committee chaired by the commander of arsenals of the Chief Command of the
Army and integrated by a representative of the command in Chief of the Navy and
one of the Chief Command of the Air Force, who will be appointed by the Minister of
Defense on a proposal from the respective commanders-in-chief.
CHAPTER VIII
Art budgetary allocation. 45. - The expenses accrued the enforcement of this act and
its regulations will be cared for by the items of the budget allocated to the effect.
Tariffs and charges fixed by administrative services provided and the amount of the
fines will be affected to the enforcement of this law, to which end will be opened the
relevant special accounts.
Art. 46. - There are validated to the date of enactment of this law the provisions
adopted by the authority for the application of the Law No. 13,945 , linked to a
temporary suspension of the exercise of the acts relating to weapons of war and
civilian use and their ammunition, which was mentioned in the article
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1 of the act.
Art. 47. - Declared of public order the provisions of this law.
Art. 48. - Repeal Act No. 13,945 of weapons and explosives,
Art. 49. - Please Contact, published, transmitted to the National Directorate of the
Official Registry and Archives.
Lanusse.
Eduardo E.
Aguirre Obarrio.
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