US embassy cable - 02TEGUCIGALPA3012

C O N F I D E N T I A L SECTION 01 OF 02 TEGUCIGALPA 003012 
 
SIPDIS 
 
STATE FOR WHA/CEN, DS/ICI/ITA 
 
E.O. 12958: DECL: 10/31/2012 
TAGS: PARM, PGOV, KCRM, HO, ASEC 
SUBJECT: AMBITIOUS NEW GUN CONTROLS IN EFFECT--BUT WILL 
THEY BE EFFECTIVE? 
 
Classified By: Political Chief Francisco Palmieri; 
Reasons 1.5 (b) and (d). 
 
1.  (U) SUMMARY: On October 12, a new Honduran gun control 
law went into effect, requiring registration of all pistols, 
revolvers, rifles and shotguns with the National Criminal 
Investigation Division (DGIC) of the Ministry of Public 
Security (MoPS).  The new law requires registration by both 
individuals and businesses.  It also mandates that 
registrants present both the firearm and samples of the 
appropriate ammunition, so that ballistic fingerprints can be 
recorded--although the GOH lacks the technological capability 
to record or use such potential evidence.  In exchange, 
owners will receive registration documentation, including a 
license to carry the weapon.  The new law prohibits civilians 
from owning or possessing automatic weapons such as AK-47s, 
M-16s and Uzis.  On October 17, the GOH announced a delay in 
the implementation of the law until November.  END SUMMARY. 
 
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NEW LAW IN EFFECT 
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2.  (U) On October 12, the new Honduran Law for the Control 
of Firearms, Munitions and Explosives went into effect, 
requiring registration of all pistols, revolvers, rifles and 
shotguns with the National Criminal Investigation Division 
(DGIC) of the Ministry of Public Security (MoPS).  The law 
requires all gun owners, both individual and commercial, to 
register their weapons.  (NOTE: Due to the shortage of police 
personnel in Honduras, there exists a plethora of private 
security firms that arm their guards.  Approximately 35,000 
to 40,000 men work as security guards, with 20,000 working as 
armed guards for registered and non-registered companies. 
END NOTE.)  Registration was to commence October 22, with 
owners having six months to register their firearms. 
Registration was to be done alphabetically--for example, in 
October individuals whose last names begin with A through Ch 
were to register, in November D through G, etc.  However, on 
October 17 the GOH announced that the registration would not 
commence until November--presumably to allow the GOH 
additional time to educate the public about the new 
requirements.  (NOTE:  Interestingly, gun owners need not 
provide specific proof of ownership during this initial 
six-month period in order to register their gun.  Thereafter, 
owners must have specific information such as the date the 
firearm is acquired, the place of purchase and from whom the 
firearm is purchased.  END NOTE.) 
 
3.  (U) The law requires gun owners to appear in person at 
the DGIC offices in Tegucigalpa or San Pedro Sula, since the 
lack of government resources makes it impossible for 
registration to take place in other locations.  Individuals 
must pay a $30 registration fee for each firearm registered, 
and may register up to five firearms.  Should an owner lose 
his permit, there is a $12 fee to replace it.  Additionally, 
residents of Tegucigalpa must pay a $12 tax to the city and 
present proof of payment at the time of registration with the 
DGIC. 
 
4.  (U) In addition to the requisite fees, applicants must 
present their national identification card (along with a 
photocopy for the DGIC to retain), two (according to some 
accounts four) recent photographs of themselves and 
documentation that they own the firearms.  Moreover, the law 
requires that gun owners bring the gun itself, along with 
three (3) rounds of ammunition.  This requirement is designed 
to enable the GOH to do ballistic "fingerprinting," though 
reportedly the GOH lacks the technology to actually develop 
and utilize ballistic fingerprinting evidence. 
 
5.  (U) Registration for businesses that own firearms differs 
somewhat from individual registration.  Businesses provide a 
variety of information, including the name and type of the 
business, type of legal entity (e.g., corporation), chamber 
of commerce registration number, proof of municipal business 
registration, tax identification number, name of its legal 
representative, the number and type of arms to be registered 
and a list of people who will be carrying the arms.  As in 
the case of individual registration, businesses must present 
three (3) rounds of ammunition for each firearm, in order to 
allow for ballistic fingerprinting.  All registrants (both 
individual and commercial) receive documentation that their 
firearms are properly registered, as well as licenses to 
carry the weapons.  (NOTE:  The RSO points out that the GOH 
track record for attempting to register security companies is 
poor.  Over a year ago, the previous Minister of Public 
Security (Gautauma Fonseca) mandated that security companies 
register.  A number of firms complied with the onerous and 
detailed requirements, including Post's contractor InterCon. 
To date, not one security firm has received a license from 
the MoPS.  END NOTE.) 
 
6.  (U) Honduras' new Law for the Control of Firearms, 
Munitions and Explosives prohibits civilians from owning or 
possessing automatic weapons such as AK-47s, M-16s and Uzis. 
Persons carrying any firearm without the appropriate 
registration and permit are subject to fines. 
 
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EFFECTIVE NEW LAW? 
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7.  (U) Honduras is still suffering from serious problems 
with crime, despite President Maduro's so-called Zero 
Tolerance campaign that he implemented shortly after his 
inauguration in January 2002.  The Maduro Administration has 
consistently voiced its concern about the proliferation of 
weapons in Honduras, and despite deploying the Honduran Armed 
Forces to assist the police, crime remains a significant 
issue.  Honduras has the third highest homicide rate in Latin 
America--trailing only Colombia and El Salvador.  Gang 
violence continues to be a grave problem in the larger 
cities, as are both arms smuggling and drug trafficking. 
 
8.  (U) Until passage of this law, Honduras had no effective 
arms control or regulation of firearms.  Honduras is known 
for having a significant number of firearms in the hands of 
its civilian population.  Moreover, according to the RSO, 
approximately 80% of the firearms in Honduras are illegally 
obtained.  La Armeria (an entity connected to the Honduran 
Armed Forces) is the sole legal distributor/seller of 
firearms in Honduras. 
 
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COMMENT 
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9.  (C) The passage of this law underscores the Maduro 
Administration's commitment to tackle the firearms dilemma 
that exists in Honduras.  At this stage, it is unclear as to 
whether or not Honduras' new gun control law will be 
effective.  Some sources charge that while the new law is 
intended to appear consistent with the GOH's anti-crime 
goals, the real motivation is to generate sorely-needed 
revenue (with some municipalities hopping on the bandwagon). 
The cost will be great for security companies with thousands 
of weapons, and one of the hardest hit will be the U.S.-based 
InterCon.  Moreover, the ability of the police to safeguard 
gun owners' names, addresses and weapons information is 
questionable at best, thereby raising some additional 
security concerns.  To a large extent, the success of the new 
law will depend not only upon efficient administration of the 
system for registering guns and issuing permits, but also on 
the ability to prosecute offenders who violate the law.  The 
current inability of authorities to fairly and evenhandedly 
prosecute common criminals raises questions about the GOH's 
ability to guarantee the proper enforcement and 
implementation of this new gun law. 
 
10.  (C) An RSO source reports that one cause for the delay 
in the implementation of the new law is that the DGIC wants 
to receive its portion of related fees in cash.  Reportedly, 
the relevant parties are unable to agree how to handle the 
municipality's share of the fees.  Moreover, to date Honduras 
does not have the equipment, technical expertise or 
procedures required to actually do the ballistic 
fingerprinting.  There are unconfirmed allegations that a 
company named ATESA (with connections to Maduro's inner 
circle) may be seeking to provide the GOH with the necessary 
equipment to do ballistic fingerprinting. 
PALMER