Moraes Pauses Supreme Court Ruling on Municipal Guards’ Gun Requirements

Overview

• Minister Alexandre de Moraes requested a pedido de vista on Monday, June 1, which suspended the Supreme Court judgment in ADI 7.717 and gives him up to 90 days to return the case to the court.
• The case was brought by three associations seeking to remove documentary and training prerequisites for functional firearm carry by municipal guards, including criminal-record certificates, proof of residence and psychological and technical aptitude tests.
• Relator Kassio Nunes Marques has already voted to deny the associations’ request, arguing that the 2021 ruling that removed population-based limits does not excuse municipal guards from minimum federal training, control and oversight requirements.
• Because of the suspension the legal status quo under the Estatuto do Desarmamento remains in effect, meaning municipalities must meet training and internal-control conditions and sometimes arrange agreements with the Federal Police to satisfy those rules.
• The dispute tests the limits of the 2021 STF precedent that included GCMs in public security and highlights practical consequences for cities and guards, who face legal uncertainty about access to armed duty while the court pauses its final ruling.