2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 1 - Generally (§§ 1 — 1973) › PART V - Regulation of Firearms, Explosives, and Other Dangerous Devices (§§ 411-454 — 593) › Chapter 51A - Puerto Rico Arms Act of 2000 (§§ 455 — 460k) › Subchapter V - Weapons (§§ 458 — 458t) › § 458r - Weapons within reach of minors and supplying weapons to minors

(a) Any person who negligently leaves a firearm or an automatic weapon, or ammunition thereof within reach of a person under the age of eighteen (18) who does not hold a target shooting or hunting license, and who takes the weapon and harms another person or him/herself, shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for a fixed term of two (2) years. If there were aggravating circumstances, the fixed penalty thus established shall be increased to a maximum of five (5) years; if there were mitigating circumstances, it can be reduced to a minimum of six (6) months and one (1) day.
(b) Any person who intentionally provides or delivers a firearm or ammunitions thereof to a person under the age of eighteen (18) who does not hold a target shooting or hunting license for the possession and transport thereof, shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for a fixed term of twelve (12) years. If there were aggravating circumstances, the fixed penalty thus established shall be increased to a maximum of twenty-four (24) years; if there were mitigating circumstances, it can be reduced to a minimum of six (6) years. If the minor were to cause harm to another person or to him/herself with said firearm or commits a delinquent act while in possession of a firearm, the person who intentionally provided the firearm shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for a fixed term of twenty (20) years, without the right to a suspended sentence or parole or to enjoy the benefits of a diversion program or to benefits or alternatives to imprisonment. If there were aggravating circumstances, the fixed penalty thus established shall increase to a maximum of thirty (30) years; if there were mitigating circumstances, it can be reduced to a minimum of six (6) years.
(c) When the firearm is not legally registered under the name of the person in possession thereof, whether it is a firearm prohibited under the provisions of this chapter, or with a defaced serial number, or that it is otherwise illegal to own or possess, any person who intentionally provides said firearm to a person under the age of eighteen (18) to possess or transport the same, shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for a fixed term of twelve (12) years, without the right to a suspended sentence or parole, or to enjoy the benefits of a diversion program or to benefits or alternatives to imprisonment. If there were aggravating circumstances, the fixed penalty thus established shall increase to a maximum of twenty-four (24) years; if there were mitigating circumstances, it can be reduced to a minimum of six (6) years. If the minor causes harm to another person or to him/herself with said firearm or commits a delinquent act while in possession of a firearm, the person who intentionally provided said firearm shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for a fixed term of twenty (20) years, without the right to a suspended sentence or parole, or to enjoy the benefits of a diversion program or to benefits or alternatives to imprisonment. If there were aggravating circumstances, the fixed penalty thus established shall increase to a maximum of thirty (30) years; if there were mitigating circumstances, it can be reduced to a minimum of six (6) years.
(d) Subsections (a) through (c) of this section shall not apply in the event that a minor is in possession of a firearm in a situation of legitimate self- defense or defense of third parties, or of imminent danger, in which case a prudent and reasonable person would understand that if it were possible for an authorized person of legal age to gain access to the firearm, it would have been a lawful action; when the minor’s father, mother, or legal guardian who is the authorized owner of a legally registered firearm allows said minor to have such firearm accessible, unloaded, and locked in the presence and under direct and continuous supervision of such father, mother, or legal guardian.
History —Sept. 11, 2000, No. 404, § 4.19, renumbered as § 5.19 on Jan. 10, 2002, No. 27, § 18; June 16, 2011, No. 93, § 1.