A Summary of Gun Laws in El Salvador

El Salvador’s current gun regime falls under legislative decree No. 461, dated Feb. 9, 1995. One of the fundamental approaches of the gun regime is criminalization and repression against the use of firearms. The decrees set regulations for the use, possession or carrying of weapons and ammunitions.
In other words, the gun regime is punitive as opposed to regulatory. The law emphasizes the suppression and prohibition of firearms.
In this task, two main bodies have been created: the Directorate General for the Production, Commercialization, Import, Export, Registration and Owners Identification of Firearms and the National Civil Police.
The Directorate General for the Production, Commercialization, Import, Export, Registration and Owners Identification of Firearms has three responsibilities. First , it grants entry permits for guns. Second, it has jurisdiction over the granting of gun ownership and carrying permits. Finally, it may hear administrative appeals challenging decisions made by the police.
The National Civil Police may deny entry permits and guns ownership or carrying permits. In addition, the local police may search citizens for guns at any time. They have the right to take away guns from arms dealers and search households for guns without a warrant. The police may only search private property if they have the consent of the owner.
As a consequence of the existence of this punitive gun regime, many Salvadorans buy guns illegally to avoid prosecution. In addition, the insurance of safety has become another consideration.

Requirements for Gun Ownership

To become a legal gun owner in El Salvador, there are specific eligibility criteria that individuals must meet. Firstly, one must be at least 18 years of age and a citizen or permanent legal resident of El Salvador. While minors cannot own a firearm, this does not necessarily exclude them from participation in hunting or outdoor activities with family members legally permitted to own firearms. Secondly, individuals must not have any outstanding criminal convictions or pending criminal charges. A background check conducted by the national police is required as part of the application process for a license to own firearms, and certain specific criminal convictions can disqualify an applicant from being granted a license.
Additionally, it is important to note that even if you have never been convicted of a crime, the Department of Justice must still be notified if you are charged with a non-minor crime while your license application is being processed. This notification must be made in writing. Furthermore, depending on your particular circumstances, a mental health evaluation may be required to certify that you do not have any history of suicidal or aggressive behaviors, or any conditions that would impair your judgment or lower your self-control. A medical certificate issued by a government-authorized psychiatrist may be necessary.
Once granted, your license for the possession or carrying of firearms is valid for five years from the date of issuance. At the end of this period, your license can be renewed, provided that you have not committed any additional crimes or changed your behavior in a way that would render you unfit to own or possess firearms.

Types of Firearms Allowed

According to the Gun Law website, "A citizen or resident of El Salvador may possess various types of rifles, shotguns and handguns without problems as long as they are not classified as ‘specially dangerous.’"
The Salvadoran government classifies as "specially dangerous" all firearms and weapons that are:

• For automatic, semi-automatic or reversible use, except those for sporting purposes;
• Capable of exploding using electricity or possessing a ‘flame thrower’ or other projectile works;
• For incendiary, poison, corrosive, or noxious gases use, or that contain explosive substances;
• Capable of ejecting biogenic agents;
• Able to shoot projectiles covered with a pointed projectile or explosive projectile (vulgar bullets);
• Able to shoot lead shots covered with a pointed projectile (vulgar bullets);
• Capable of shooting flechette projectiles;
• Capable of shooting lead shots before the use of firearms propellant (vulgar buckshot);
• For military use except sporting guns, such as those used by the police or military;
• Capable of shooting more than three shots before stopping or being fed manually;
• Capable of shooting lead shots before the use of firearms propellant;
• Capable of shooting flechette projectiles; and
• Capable of shooting electrically charged ammunition.

Note that El Salvador does not allow civilians to own any automatic, semi-automatic or reversible firearms.

Obtaining a Gun License

Step 1: Preliminary Assessments

The Government of El Salvador does not permit the carrying or possession of firearms for personal purposes. In 2014, the Constitutional Chamber of the Supreme Court of Justice, in its ruling of October 29, 2014 in the Amparo Case 66-14, stated that the possession of weapons for personal self-defense goes against the intention of the legislator, meaning that the use of weapons by individuals outside of the use of the police or armed forces are prohibited. Consequently, prior to obtaining a gun license, it is recommended that consultation be made with a Salvadoran lawyer experienced in these matters.

Step 2: Requirements

The following original documents are required to begin the process of obtaining a gun license:
• Completed application (available at the office where the request is made)
• Payment of a fee for study of the request
• Legalized birth certificate
• Criminal background certificate from the local police in the area where the applicant is registered as domiciled
• Copy of employment contract or proof of repeated deposits into a bank account for a minimum of six months, including ID-number of bank, account-number and stamp of the bank
• Personal Identification documents (passport, certificate of citizenship, or similar document showing identity and age)
• Once an application has been submitted, a designated official will review this document and advise if any further documentation is required or anything else is needed
Costs
The cost of the application for a gun license is approximately US$300-500.
The validity of the authorisation will be for 5 years, and at the end of this period, a fee of US$25 will be charged for the renewal of the document, as well as an additional fee payable at the time of renewing the authorisation.
At the time that a firearm is registered, a fee of US$20 is payable through Bank Deposit Slip. The document must be submitted to the Ballistic Laboratory within 48 hours of its issuance. The filing fee for this application is US$100. Section 61 of the Firearms Law provides that the receipt for the payment of the filing fee must be presented when requesting a Firearms Registration.
The processing time for a gun license is approximately two (2) months, and the cost is approximately US$50.

Restrictions and Bans on Gun Ownership and Use

El Salvador is considered one of the countries with the highest number of restrictions and restrictions as to where and for what purposes a firearm can be used. The use of firearms for aggressive purposes, hunting, and in public places is strictly prohibited.
In addition to the above, the use and possession of firearms is strictly limited within public institutions, schools, courts of law, hospitals, banks, mass transit stations and at public events , such as concerts and sporting events. Guns are also prohibited in places "dedicated to the worship of a cult", even if the activity is not a religious event, such as a wedding or a funeral. The prohibition extends to all places dedicated to the teaching of any subject and to those of intellectual recreation, such as libraries. It also applies to places of occupation, study or relaxation, such as hotels, lodges and resting areas in shopping malls, as well as to places of recreation open to the public.
The use of guns while intoxicated is also prohibited.

Punishments for Breaking Gun Laws

Violations of gun laws carry significant penalties in El Salvador. Those found guilty of violating these regulations can face both civil and criminal consequences.
Fines
The Commercial Law Code (Código de Comercio) establishes fines and penalties for violating these regulations. For example, imports made in violation of the regulations are subject to a fine equal to the value of the imported items. Similarly, these imports can be seized. The importer must also pay all taxes and other fees related to the importation. For violations of the Import Regulations, offenders may face a fine of up to 100 times the amount of duty paid on the goods. There are also penalties for failing to complete the necessary documentation and requirements prior the importation of firearms and ammunition. These fines can be substantial, sometimes exceeding the value of the goods in question. In addition, the Customs Directorate has the authority to file criminal charges for these violations.
Criminal Liability
Missing or falsifying documentation connected to weapon imports could lead to a criminal charge. The penalties within these cases vary by the severity of the charge. A more serious crime could result in 20 to 25 years in prison, while lesser crimes might result in 6 months to 1 year sentences. It is necessary to obtain a prior authorization from the Secretary of Defense before entering the country. Failure to do so represents a criminal offense that carries between 3 to 5 years in prison. Sellers of firearms must retain documents in relation to their sales for 5 years after the transaction. Failure to do so is a criminal offense that would carry a maximum sentence of 2 years in prison. The sale of weapons is a regulated activity that cannot be performed without the corresponding authorizations granted by the Ministry of Defense. Those who break this law are subject to up to 20 years in prison.

Current Controversies and Reforms

While the current state of gun laws in El Salvador reflects a government heavily invested in regulating private ownership, many Salvadorans feel this is not enough. There are two basic lines of thought in the country today. The first calls for a complete ban on private gun ownership. These advocates believe such a ban would help reduce the level of violence in the country. Critics of a total ban argue that the country cannot afford to ban firearms for self-defense, as poverty and violence are major issues.
The second line of thought proposes a change in the type of firearms legal for private ownership, rather than an outright ban. Acceding to public sentiment, one Salvadoran senator proposed a bill May 2015 to ban fragmentation and automatic weapons, a recent phenomenon in gangs. His proposal met immediate opposition from private citizens who had applied for permits to buy such weapons.
Immigration is another topic that concerns Salvadorans when it comes to gun control. Many Salvadorans see gun bans as a way to get tougher on immigration from their country , which is something the U.S. government has pushed for at various times.
The Salvadoran government might lobby harder for such a ban if the nation’s murder rates remain stable or worsen, but there has been little movement on total ban initiatives. On the other hand, Salvadoran advocates have garnered support for the idea of stricter regulation of firearms for private ownership. The Salvadoran Supreme Court upheld provisions on March 11, 2016 that added prohibitions for people with criminal records to the existing law, which prohibits the sale of fragmentation and automatic weapons.
It will be interesting to see how any potential reforms or changes in Salvadoran public policy fare in the new administration, which took office in firm control June 1. The ruling National Liberation Party, which took the presidency in 2010, also took control of the 57-member Legislative Assembly. The party is expected to have a different approach than the previous administration when it comes to reforming gun laws.