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{{For|other uses|Right to bear arms (disambiguation)}}
{{Short description|Right of citizens to possess weapons}}
{{redirect2|Bear arms|Right to bear arms|other uses|Bear arms (disambiguation)}}{{Redirect|Pro gun|the firearms advocacy group in the Philippines|PROGUN}}{{Lead too short|date=May 2022}}
{{Rights}}
[[File:Defensive gun use training - Prague Cech Republic.jpg|thumb|A woman trains real-life [[defensive gun use]] scenarios with live ammunition at a video shooting range in Prague, Czech Republic in 2018]]


The '''right to keep and bear arms''' (often referred as the '''right to bear arms''' or '''to have arms''') is the people's right to have their own [[armaments|arms]] for their defense as described in the philosophical and political writings of [[Aristotle]], [[Cicero]], [[John Locke]], [[Niccolò Machiavelli|Machiavelli]], the [[Whig (British political faction)|English Whigs]] and others.<ref name="Halbrook, Stephen P. 1994 8">{{cite book|author=Halbrook, Stephen P.|title=That Every Man Be Armed: The Evolution of a Constitutional Right (Independent Studies in Political Economy)|publisher=The Independent Institute|location=Oakland, CA|year=1994|page=8|isbn=0-945999-38-0}}</ref> In countries with an English [[common law]] tradition, a long standing common law right to keep and bear arms has long been recognized, as pre-existing in common law, prior even to the existence of written national constitutions.<ref name='nclr'>{{cite journal|title=Bringing Forward The Right To Keep And Bear Arms: Do Text, History, Or Precedent Stand In The Way?|journal=North Carolina Law Review|date=1997-03|first=Thomas B.|last=McAffee|coauthors=Michael J. Quinlan|volume=|issue=|page=781}}</ref> In the [[United States]], the right to keep and bear arms is also an enumerated right specifically protected by the [[United States Constitution|U.S. Constitution]] and many [[State constitution (United States)|state constitutions]]<ref>[http://www2.law.ucla.edu/volokh/beararms/statecon.htm State Constitutional Right to Keep and Bear Arms Provisions]</ref> such that people have a personal right to own arms for individual use, and a right to bear these same arms both for personal protection and for use in a [[militia]].<ref>{{cite news|last=Wills|first=Garry|title=To Keep and Bear Arms| url= http://www.nybooks.com/articles/archives/1995/sep/21/to-keep-and-bear-arms/?pagination=false| date=September 21, 1995}}</ref>
The '''right to keep and bear arms''' (often referred to as the '''right to bear arms''') is a legal right for people to possess [[weapon]]s (arms) for the preservation of life, liberty, and property.<ref name=Halbrook1994p8>{{cite book |last=Halbrook |first=Stephen P. |year=1994 |title=That Every Man Be Armed: The Evolution of a Constitutional Right (Independent Studies in Political Economy) |url=https://archive.org/details/thateverymanbear0000halb/page/8 |page=[https://archive.org/details/thateverymanbear0000halb/page/8 8] |publisher=[[The Independent Institute]] |location=Oakland, CA |isbn=0945999380 |oclc=30659789 }}</ref> The purpose of gun rights is for [[Self-defense#Armed|self-defense]], as well as [[Hunting#Shooting|hunting]] and [[Shooting sport|sporting activities]].<ref name="Levan">{{cite book |last=Levan |first=Kristine |url=https://books.google.com/books?id=h4aWFrgW74YC |title=Crime Prevention |publisher=Jones & Bartlett |year=2013 |isbn=978-1449615932 |editor1-last=Mackey |editor1-first=David A. |page=438 |chapter=4 Guns and Crime: Crime Facilitation Versus Crime Prevention |quote=They [the NRA] promote the use of firearms for self-defense, hunting, and sporting activities, and also promote firearm safety. |editor2-last=Levan |editor2-first=Kristine |chapter-url=https://books.google.com/books?id=h4aWFrgW74YC&pg=PA93}}</ref>{{rp|96}}<ref name="Larry Pratt">{{cite web |author=Larry Pratt |title=Firearms: the People's Liberty Teeth |url=http://gunowners.org/fs9402.htm |access-date=December 30, 2008}}</ref> Countries that guarantee a right to keep and bear arms include [[Albania]], [[Czech Republic]], [[Guatemala]], [[Mexico]], the [[Philippines]], [[Switzerland]], [[Ukraine]], the [[United States]] and [[Yemen]].


==Background==
The phrase "right of the people to keep and bear arms" was first used in the text of the [[United States Bill of Rights]] (coming into law as the [[Second Amendment to the Constitution of the United States]]), although similar legal wording can be found in the [[Pennsylvania Constitution of 1776]] and the English [[Bill of Rights 1689]] which states "Subjects which are Protestants may have Arms for their Defence". Beyond the United States of America, and especially in countries without a common law tradition, the general concept of a right to bear arms varies widely by [[jurisdiction (area)|country, state or jurisdiction]] ranging from being recognized to being non-existent. In addition, even within jurisdictions which long had a common law tradition, but no written constitution, Parliamentary supremacy has also largely removed the historical English common law people's right to arms since the early 20th Century, such as in the United Kingdom (in 1903), Canada, and Australia. However, in countries such as the United States, with a common law tradition, and with a written constitution dating to the 18th Century in place of a Parliament, the "right to keep and bear arms" continues to exist. Specifically, following the [[American Revolution]] in 1776, one of the first legislative acts undertaken by each of the newly independent states was to adopt a "[[reception statute]]" that gave legal effect to the existing body of English common law to the extent that American legislation or the [[Constitution]] had not explicitly rejected English law.<ref>{{cite journal|title=Michigan High Court Ruling Offers Positive Guidance on Challenges to Tort Reform Laws|last1=Lammi|first1=Glenn G.|last2=Chang|first2=James|date=December 17, 2004|journal=Legal Backgrounder|publisher=[[Washington Legal Foundation]] |volume=19 |issue=46 |isbn=10563059 |url=http://www.wlf.org/upload/121704LBChang.pdf |ref=harv}}</ref> British traditions such as the [[monarchy]] were rejected by the U.S. Constitution, but many English common law traditions such as the right to keep and bear arms, [[habeas corpus]], [[jury trials]], and various other [[civil liberties]] were adopted in the United States. Significant elements of English common law prior to 1776 still remain in effect in many jurisdictions in the United States, because they have never been rejected by American courts or legislatures.<ref>''Milestones! 200 Years of American Law: Milestones in Our Legal History''. By Jethro Koller Lieberman. Published by West, 1976. Original from the University of California. Digitized Jun 11, 2008. ISBN 0-19-519881-6, ISBN 978-0-19-519881-2, pg. 16 [http://books.google.com/books?id=i_2wAAAAIAAJ&pgis=1]</ref> Approximately one third of the world's population (approximately 2.3 billion people) live in common law jurisdictions or in systems mixed with [[Civil law (legal system)|civil law]].


The [[Bill of Rights 1689]] allowed [[Protestantism|Protestant]] citizens of [[England]] to "have Arms for their Defense suitable to their Conditions and as allowed by Law." This restricted the ability of the [[English Crown]] to have a [[standing army]] or to interfere with Protestants' right to bear arms "when Papists were both Armed and Imployed contrary to Law" and established that Parliament, not the Crown, could regulate the right to bear arms.<ref name="c21WillMarSess2">{{cite web |url=http://www.legislation.gov.uk/aep/WillandMarSess2/1/2/introduction |title=1688 c.2 1 Will. and Mar. Sess. 2 |publisher=The National Archives (UK) |access-date=July 2, 2014}}</ref><ref name=BBCBoR>{{cite news |url=http://news.bbc.co.uk/dna/place-lancashire/plain/A727265 |title=BBC: Bill of Rights Act, 1689 – The Glorious Revolution |author=<!--Staff writer(s); no by-line.--> |year=2002 |website=bbc.co.uk |publisher=BBC |access-date=July 2, 2014 |archive-date=July 14, 2014 |archive-url=https://web.archive.org/web/20140714182517/http://news.bbc.co.uk/dna/place-lancashire/plain/A727265 |url-status=dead }}</ref>
==Australia==
There is no right to own firearms that is recognized or upheld by the [[Government of Australia|federal]] or [[States and territories of Australia|state and territory]] governments of Australia, firearms are usually seized when an individual is charged with an offence (a court order is not required). The laws strictly forbid ownership for the purpose of self-defense however the use of a firearm in self defense is based on the specific characteristics of the case and whether its use represented excessive force. Security Guards may posess weapons for the protection of property and Police for the purposes of public safety and can apply for the firearm to be kept at their residence, this is a separate permit/requirement to being able to use a firearm in the execution of their duties. Carrying Firearms on ones person or in a motor vehicle (if the weapon is being transported it must be rendered inoperative and be taken directly to and from where it is to be used) is illegal without a permit, however such permits are only issued relatively rarely ( e.g. Armoured Car Security) and have stringent qualification requirements. A ''genuine reason'' must be given when applying for a license to own a firearm, and several valid categories such as Sport, hunting or collecting are specified, giving self-defence as a reason is specifically prohibited by law in all states and territories. As with most other jurisdictions persons with criminal convictions cannot acquire a permit.


Sir [[William Blackstone]] wrote in the 18th century that the right to have arms was auxiliary to the "natural right of resistance and self-preservation" subject to suitability and allowance by law.<ref>{{cite web |url=http://avalon.law.yale.edu/18th_century/blackstone_bk1ch1.asp |title=Blackstone's Commentaries on the Laws of England |publisher=Avalon.law.yale.edu |access-date=2012-05-22}}</ref> The term ''arms'', as used in the 1600s, refers to the process of equipping for war;<ref>{{cite web|last1=Harper|first1=Douglas|title=arm (n.)|url=http://www.etymonline.com/index.php?term=arm&allowed_in_frame=0|website=Online Etymology Dictionary|publisher=Douglas Harper|access-date=12 March 2015}}</ref> it is commonly used as a synonym for weapon.<ref>{{cite web|title=Arm|url=http://www.thefreedictionary.com/arm|website=Thefreedictionary.com|access-date=12 March 2015}}</ref>
Historically, controls on firearm ownership have usually followed major crimes which resulted in public outcry. This resulted in an incoherent collection of regulations&nbsp;— following the fact that Australia is a federal country. Legality varied wildly between jurisdictions, approaching American latitudes in places like [[Queensland]] and [[Tasmania]]. The current licensing and permit regime was enacted following the [[Port Arthur massacre (Australia)|Port Arthur massacre]] in Tasmania and has largely converged all jurisdictions to a similar standard. The present pressures on gun law legislation in Australia arise from organised-crime activity, particularly the drug trade. Australia has been an agrarian country for much of its history, and therefore there is a significant population of gun owners.{{Citation needed|date=December 2012}}


Inclusion of this right in a written constitution is uncommon. In 1875, 17 percent of national constitutions included a right to bear arms. Since the early twentieth century, "the proportion has been less than 9 percent and falling".<ref name=Ginsburg>{{cite news |last1=Ginsburg |first1=Tom |last2=Elkins |first2=Zachary |last3=Melton |first3=James |title=U.S. Gun Rights Are Truly American Exceptionalism |work=Bloomberg |date=7 March 2013 |access-date=25 March 2016 |url=http://www.bloombergview.com/articles/2013-03-07/u-s-gun-rights-truly-are-american-exceptionalism}}</ref> In an article titled "U.S. Gun Rights Truly Are [[American exceptionalism|American Exceptionalism]]," a historical survey and comparative analysis of constitutions dating back to 1789,<ref name=Ginsburg/> [[Tom Ginsburg]] and colleagues "identified only 15 constitutions (in nine countries) that had ever included an explicit right to bear arms. Almost all of these constitutions have been in Latin America, and most were from the 19th century".<ref name=Elkins>{{cite news |author=Elkins, Zachary |title=Rewrite the Second Amendment |work=New York Times |date=4 April 2013 |access-date=29 March 2016 |url=https://www.nytimes.com/2013/04/05/opinion/rewrite-the-second-amendment.html?_r=0}}</ref>
With the exception of Victoria all states and territories do not require a license to own swords, knifes, bayonets or any other type of blade (with the exception of push daggers). Folding knives are regulated on the mechanism type or on the manner of opening and is consistent throughout all states and territories, Automatic knives, OTF knives, Centripetal force, balisongs/butterfly knives, are prohibited. Assisted Opening knives were legal before a change in regulation post 2011 election and are now prohibited for import, and carry but may be kept in a private home/residence if the knife was imported pre-ban. The carrying of a blade (either folding or fixed, irrespective of length) in public is illegal unless the individual can give a lawful reason (or such reason is clearly evident) to police for why they have a blade, self defence is not a lawful reason. If a reason can not be provided then the individual is usually arrested and is then given the opportunity to give a reason to the Judge/Magistrate who may dismiss the charge if such a reason is provided.


==Countries recognizing the right to keep and bear arms==
==Canada==
===North America===
{{Further|Gun politics in Canada}}
====Guatemala====
In Canada, although citizens do not have a constitutional right to bear arms, gun ownership is allowed, regulated and many models of firearms are not available or are prohibited.<ref name="canadafirearmsact">[http://laws-lois.justice.gc.ca/eng/acts/F-11.6/ Firearms Act (S.C. 1995, c. 39)]. Department of Justice. Retrieved 2011-11-22.</ref> Certain models are classified as ''prohibited firearms'', as defined by the [[Firearms Act, 1995|Firearms Act]]. Possession of a restricted firearm requires a [[Possession and Acquisition License|Restricted Possession and Acquisition License]] or RPAL.<ref name="rcmp5592">[http://www.rcmp-grc.gc.ca/cfp-pcaf/form-formulaire/pdfs/5592EW.pdf RCMP 5592: Application for a Possession and Acquisition Licence Under the Firearms Act]. RCMP. Retrieved 2011-11-22.</ref> An RPAL may be obtained at the same time as, or subsequent to, a PAL with additional testing and scrutiny by the [[Royal Canadian Mounted Police]]. An [[Authorization to Transport]] allows RPAL holders to transport their restricted firearms directly to and from gun ranges and gunsmiths or to a change of address.<ref>[http://www.rcmp-grc.gc.ca/cfp-pcaf/form-formulaire/num-nom/679-eng.htm Form CAFC 679: Authorization to Transport Restricted Firearms and Prohibited Firearms]. RCMP. Retrieved 2011-11-22.</ref>


{{quote box|align=right|quote=
Under certain circumstances, an [[Authorization to Carry]] may be issued, allowing one to carry a loaded restricted firearm on their person;<ref>[http://www.rcmp-grc.gc.ca/cfp-pcaf/form-formulaire/num-nom/680-eng.htm Form CAFC 680: Application for an Authorization to Carry Restricted Firearms and Prohibited Handguns]. RCMP. Retrieved 2011-11-22.</ref> however, these permits are rarely acquired by ordinary citizens. In 2002, only 6172 permits were issued across the entire country and over 94% were related to armoured vehicle protection and related services.<ref>[http://www.garrybreitkreuz.com/publications/ATCs1999-2002.xls Authorization To Carry Permits, by Province, 1999-2002] Spreadsheet on website of Garry Breitkreuz, Canadian Member of Parliament</ref>
The right to own weapons for personal use, not prohibited by the law, in the place of inhabitation, is recognized. There will not be an obligation to hand them over, except in cases ordered by a competent judge.<ref>{{cite web|url=https://www.businessinsider.com/2nd-amendment-countries-constitutional-right-bear-arms-2017-10|title=Only 3 countries in the world protect the right to bear arms in their constitutions: the US, Mexico, and Guatemala|first=Brennan Weiss, James|last=Pasley|website=Business Insider}}</ref>
|source=Article 38 of Guatemala Constitution
|width=40%}} {{see also|Gun law in Guatemala}}


While protecting the right to keep arms, Guatemalan constitution specifies that this right extends only to "weapons not prohibited by law".
==Chile==
Citizens meeting certain requirements may legally acquire firearms that are not automatic or semi-automatic. The requirements for eligibility include obtaining a certification of mental health, having a fixed address, and having a secure storage method. Firearm owners also must agree that firearms that are legally acquired, along with the secure storage location, may be inspected at any time between the hours of 8 AM to 10 PM upon a request of the national police. It is illegal for citizens to acquire ammunition other than what is used in the specific firearms that are registered to them. Upon the death of a registered gun owner, the person responsible for the estate shall transfer the firearm(s) to a legally eligible and registered owner within 90 days, or else must turn in the firearm(s) to either the closest military facility or the closest national police station.<ref name='chile_law'>{{cite web|url=http://psm.du.edu/media/documents/national_regulations/countries/americas/chile/chile_law_no17798__control_of_arms_and_similar_articles.pdf | title=Republica de Chile, Ministerio de Defensa Nacional, Dirección General de Movilización Nacional, Control de Armas y Elementos Similares, Ley 17798 |accessdate=2013-02-08 }}</ref> In practice, single shot and double barrel shotguns, lever action rifles, and revolvers account for the majority of the registered civilian firearms owned by citizens, although any firearms that are not automatic or semi-automatic may be legally owned by citizens. Firearms may be used for legal hunting, outside of the home or business, or, within one's home or business, for legal defense.


==China==
====Honduras====
{{quote box|align=right|quote=
According to [[PRC law]], there are firearms regulations and according to those regulations "whoever, in violation of firearm-control regulations, secretly keeps firearms or ammunition and refuses to relinquish them shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention."<ref name='chinalaw'>{{cite web|url=http://www.novexcn.com/criminal_law.html |title=CRIMINAL LAW OF THE PEOPLE'S REPUBLIC OF CHINA |accessdate=2008-05-10 }}</ref>
Every person, in the exercise of their civil rights, may request a maximum of five (5) license for the possession and carrying of up to five (5) firearms by submitting an application with the following information<ref>{{cite web|url=https://www.gunpolicy.org/firearms/citation/quotes/9262|title=Licences to Possess and Carry Firearms (Licencias para la Tenencia y Portación de Armas de Fuego) |website=www.gunpolicy.org}}</ref> {{hidden|(...)| (1) Form with personal information and residence; (2) Brand, model, serial number, identification of modification of calibre, if any; as well as any other characteristics of the weapon; (3) Proof of having undertaken a ballistic test; (4) Payment of municipal matriculation and criminal background check; and, (5) Identification documents.}}
|source=Article 27 of Decree No. 69-2007, Modifying the Act on the Control of Firearms, Ammunition, Explosives and Other Related Materials (Honduras)
|width=40%}} The constitution of [[Honduras]] does not protect the right to keep and bear arms.


Although not explicitly mentioned in the legislation, every person is entitled to receive a license to keep and carry arms by Honduran Statute law, provided that they fulfill the conditions required by the law.<ref>{{cite web|url=https://www.gunpolicy.org/firearms/region/honduras|title=Guns in Honduras – Firearms, gun law and gun control|website=www.gunpolicy.org|access-date=2019-08-23}}</ref>
Private ownership of firearms in China was first banned by the [[Qing dynasty]].<ref>{{cite book|url=http://books.google.com/?id=4Z7PAAAAMAAJ&pg=PA309&dq=military+examinations+administered+surprising+knowledge+of+firearms#v=onepage&q=possession%20of%20firearms%20is%20forbidden%20peking%20government&f=false|title=The Family magazine, or, Monthly abstract of general knowledge, Volume 2|author=|year=1837|publisher=Eli Taylor.|location=|page=309|isbn=|pages=|accessdate=2010-06-28}}</ref>


==Cuba==
====Mexico====
{{quote box|align=right|quote=
Chapter 1, Article 3 of the [[s:Constitution of Cuba#CHAPTER I. POLITICAL, SOCIAL AND ECONOMIC PRINCIPLES OF THE STATE|Constitution of Cuba]] states the following: ''"When no other recourse is possible, all citizens have the right to struggle through all means, including armed struggle, against anyone who tries to overthrow the political, social and economic order established in this Constitution."
The inhabitants of the United Mexican States have the right to possess arms within their domicile, for their safety and legitimate defense, except those forbidden by Federal Law and those reserved for the exclusive use of the Army, Militia, Air Force and National Guard. Federal law shall provide in what cases, conditions, under what requirements and in which places inhabitants shall be authorized to bear arms.<ref name="auto">{{cite web
| url= http://www.ordenjuridico.gob.mx/Constitucion/articulos/10.pdf
| title= Mexican Constitution (As amended)
|pages= Article 10}}</ref>
|source=Article 10 of [[Mexican Constitution]]
|width=40%}} {{See also|Gun politics in Mexico}}


The Mexican constitution of 1857 first included the right to be armed. In its first version, the right was defined in similar terms as it is in the Second Amendment to the United States Constitution. A new Mexican [[Firearms regulation in Mexico#Constitution of 1917|constitution of 1917]] revised the right, stating that its utilization must be in line with local police regulations.
==Czech Republic==
{{main|Gun politics in the Czech Republic}}


Another change was included in 1917 Constitution. Since then, Mexicans have the right to be armed only within their home and further utilization of this right is subject to [[Gun politics in Mexico|statutory authorization in Federal law]].
==Finland==
{{Further|Gun politics in Finland}}
To possess firearms in Finland, citizens require a valid reason, such as recreation or exhibition, and licensed by local police. Permission may be denied if the citizen has a criminal background or a history of substance abuse or mental illness. The right to possess a firearm does not include the right to carry it in public, except while hunting. At home, firearms must be kept behind locks or inoperative. Knives and similar items may not be carried in public.<ref>{{cite web|url=http://www.finlex.fi/fi/laki/ajantasa/1998/19980001 |title=Firearm Act of Finland |publisher=Finlex.fi |date= |accessdate=2012-05-22}}</ref><ref>{{cite web|url=http://www.finlex.fi/fi/laki/ajantasa/1993/19930615 |title=Hunting Act of Finland |publisher=Finlex.fi |date= |accessdate=2012-05-22}}</ref><ref>{{cite web|url=http://www.intermin.fi/intermin/bulletin.nsf/HeadlinesPublicFin/4271D5FF919AD47EC22574D300458042 |title=A letter by the Ministry of the Interior |publisher=Intermin.fi |date= |accessdate=2012-05-22}}</ref><ref>{{cite web|url=http://www.finlex.fi/fi/laki/ajantasa/2003/20030612 |title=Public Order Act of Finland |publisher=Finlex.fi |date= |accessdate=2012-05-22}}</ref>


====United States====
==India==
{{quote box
{{Further|Gun politics#India}}
| align = right
| quote = A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.<ref>{{Cite web|title=U.S. Senate: Constitution of the United States|url=https://www.cop.senate.gov/civics/constitution_item/constitution.htm#amdt_2_(1791)|access-date=2021-12-30|website=www.cop.senate.gov}}</ref>
| source = [[Second Amendment to the United States Constitution]]
| width = 40%
}} {{Main|Right to keep and bear arms in the United States}}
{{further|Second Amendment to the United States Constitution}}


In the [[United States]], which has an English [[common law]] tradition, a longstanding common-law right to keep and bear arms was practiced prior to the creation of a written national constitution.<ref name=McAffeeQuinlan>{{cite journal |last1=McAffee |first1=Thomas B. |last2=Quinlan |first2=Michael J. |year=1997 |title=Bringing Forward The Right To Keep And Bear Arms: Do Text, History, or Precedent Stand In The Way? |url=http://scholars.law.unlv.edu/facpub/512/ |journal=Scholarly Works |volume=Paper 512 |issue= |pages= }}</ref> Today, this right is specifically protected by the [[United States Constitution]] and many [[State constitution (United States)|state constitutions]].<ref name=Volokh2008>{{cite web |url=http://www2.law.ucla.edu/volokh/beararms/statecon.htm |title=State Constitutional Right to Keep and Bear Arms Provisions |last=Volokh |first=Eugene |date=2008 |website=law.ucla.edu |publisher= |accessdate= }}</ref>
In [[India]], purchase and possession of firearms requires a license and is a stringent process.<ref name="Lakshmi">{{cite news|url=http://www.washingtonpost.com/wp-dyn/content/article/2010/01/31/ AR2010013102079.html |title=New groups mobilize as Indians embrace the right to bear arms |publisher=washingtonpost.com |date= 1 February 2010|accessdate=17 March 2010 | first=Rama | last=Lakshmi}}</ref> The Arms Act of 1959 and the Arms Rules 1962 prohibits the sale, manufacturer, possession, acquisition, import, export and transport of firearms and ammunition unless under a license. Firearms are classified into two categories: Prohibited Bore (PB) and Non-Prohibited Bore (NPB), where semi-automatic and fully automatic firearms fall under the Prohibited Bore category. The criteria considered during the issue of NPB firearm permits are whether the person faces threats and for PB firearms is more strict.<ref name="AAP-Draft">{{cite web|author=GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS INTERNAL SECURITY-II DIVISION ARMS SECTION |url=http://www.mha.nic.in/pdfs/DAAM-PolicyIndividuals-211209.pdf |title=ARMS AND AMMUNITION POLICY FOR INDIVIDUALS |publisher=GOVERNMENT OF INDIA |date=21 December 2009 |accessdate=18 May 2013}}</ref>


==Israel==
===Europe===
According to the licensing service for a private carry permit, a permit may be issued to a legal resident over the age of 21, that is working or living in dangerous zones defined by the Ministry; an individual who works in specific professions listed by the Ministry or individuals who served in the [[Israeli Defense Force]] or other military agencies, at the rank of Captain or equivalent (currently serving in the standing army or reserves), retired officers at a rank of Lt. Colonel, or active reserve members of specific special forces units.
The granting of a private weapon permit is neither an inherent statutory right nor automatically approved. An applicant is vetted medically and by the police, and even then the request can still be denied by the licensing officer, though a denial can be appealed.<ref>http://mops.gov.il/Documents/Publications/Firearms/FirearmLicensingCriterion1.pdf</ref>


====Czech Republic====
==Japan==
With the exception of law enforcement and defense force personnel, ownership of handguns is prohibited in Japan. Exceptions are made for firearms with cultural/artistic value (i.e. museum pieces) and for class 4 air pistol competitors, such as Olympic athletes. For shotguns and rifles there is a registration process which you must complete. These are to be used only for hunting and pest control purposes.<ref>http://www.guncite.com/journals/dkjgc.html#fn5</ref>


{{quote box|align=right|quote=
==Mexico==
The right to acquire, keep and bear firearms is guaranteed under conditions set by this law.
{{See also|Gun politics in Mexico}}
|source=Article 1 Subsection 1 of [[Gun law in the Czech Republic#Current law|Czech Firearms Act]]
Article 10 of [[Mexican Constitution]] of 1917 states the following:
|width=40%}}
:"Article 10. The inhabitants of the United Mexican States have the right to possess arms within their domicile, for their safety and legitimate defense, except those forbidden by Federal Law and those reserved for the exclusive use of the Army, Militia, Air Force and National Guard. Federal law shall provide in what cases, conditions, under what requirements and in which places inhabitants shall be authorized to bear arms."<ref>{{cite web
{{quote box|align=right|quote=
| url= http://www.ordenjuridico.gob.mx/Constitucion/articulos/10.pdf
(1) Everyone has the right to life. Human life is worthy of protection even before birth. <br />(2) Nobody may be deprived of their life. <br />(3) The death penalty is prohibited. <br />(4) Deprivation of life is not inflicted in contravention of this Article if it occurs in connection with conduct which is not criminal under the law. '''The right to defend own life or life of another person also with arms is guaranteed under conditions set out in the law'''.<ref name="Con am3">{{Citation
| title= Mexican Constitution (As amended)
| last = 35 Members of the Senate of the Parliament of the Czech Republic
|date= |year= |month= |work= |publisher=
| year = 2019
|pages= Article 10
| title = Proposal of amendment of Charter of Fundamental Rights and Freedoms
| accessdate= 2009-07-30 }}</ref>
| location = Prague
| url = https://www.senat.cz/xqw/webdav/pssenat/original/92773/77778
| access-date = 29 September 2017
| language = cs
}}</ref>
|source=Constitutional amendment of Czech [[Charter of Fundamental Rights and Freedoms]] passed in 2021. Most of the Article is preexisting, the last sentence in subsection 4 was newly added.
|width=40%}} {{Main|Gun laws in the Czech Republic}} {{further|History of Czech civilian firearms possession}}


Historically, the [[Czech Crown lands|Czech lands]] were at the forefront of the spreading of civilian firearms ownership.<ref name="zrizeni" /> In the 1420s and 1430s, firearms became indispensable tools for the mostly peasant [[Hussite wars|Hussite armies]] whose amateur combatants, including women, fended off a series of invasions of professional crusader armies of well-armored warriors with cold weapons.<ref name="zrizeni" /> Throughout and after the Hussite wars, firearms' design underwent fast development and their possession by civilians became a matter of course.<ref name="zrizeni" />
===Legal right===
Since 1917 Mexican citizens have had the right to possess firearms "except those expressly prohibited by law". However after rioters looted gun stores in [[Mexico City]] in the 1960s, the Mexican government began to restrict wholesale gun ownership. By 1995, the government had closed the last private gun stores and given the [[Mexican Army|military]] a monopoly on gun sales.


Their first firearms regulation was enacted in 1517 as a part of general accord between the nobles and [[Burgher (social class)|burgher]]s and later in 1524 as a standalone Enactment on Firearms (''zřízení o ručnicích''). The 1517 law explicitly stated that "all people of all standing have the right to keep firearms at home" while at the same time enacting a universal carry ban.<ref name="zrizeni" /> The 1524 enactment set out a process of issuing of permits for carrying of firearms and detailed enforcement and punishment for carrying without such a permit.<ref name="zrizeni">{{cite web
The country now only has one official gun store, the "Directorate for Arms and Munitions Sales" in Mexico City. Located near the army's main headquarters, the two-room building is heavily guarded.<ref>{{cite news|last=Hawley|first=Chris|title=Mexico: Gun controls undermined by U.S.|url=http://www.usatoday.com/news/world/2009-03-31-mexicoguns_N.htm|accessdate=27 December 2011|newspaper=USA Today|date=1 April 2009}}</ref> All Mexican citizens who wish legally possess firearms must abide by regulations and limitations in order to make a weapons purchase at the store. They are as follows:
| last = Gawron
| first = Tomáš
| title = Historie civilního držení zbraní: Zřízení o ručnicích – česká zbraňová legislativa v roce 1524 [History of civilian firearms possession: Enactment on Firearms – Czech firearms legislation in 1524]
| work = zbrojnice.com
| date = November 2019
| url = https://zbrojnice.com/2019/11/01/historie-civilniho-drzeni-zbrani-zrizeni-o-rucnicich-ceska-zbranova-legislativa-v-roce-1524/
| access-date = 1 November 2019
| language = cs}}
</ref> Carrying later became permitless again until 1852, when Imperial Regulation No. 223 reintroduced carry permits. This law remained in force until the [[German occupation of Czechoslovakia|1939 German invasion]].<ref name="zrizeni" />


Since its inception during the Hussite revolution, the right to keep firearms endured over five-hundred years until the Nazi gun ban during the [[German occupation of Czechoslovakia|German occupation]] in the 20th century. Firearms possession later became severely restricted during the [[History of Czechoslovakia (1948–89)|communist period]]. After the [[Velvet revolution]], the Czech Republic instated a shall-issue permitting process, under which all residents can keep and bear arms subject to the fulfillment of regulatory conditions.<ref name="zrizeni" />
# Prospective customers need a permit from the army that can take up to several months to receive.
# Limited amounts of ammunition they can buy each month
# Where an individual can take the gun
# Who gun owners can sell it to
# All privately owned guns must be registered with the Mexican military
# If Owners want to transport their firearms outside their homes they must obtain a permit that must be renewed annually.


In the Czech Republic, every resident that meets conditions laid down in Act No. 119/2002 Coll.<ref name="Firearms Act">{{Citation
===Owning a gun===
| last = Parliament of the Czech Republic
Gun control laws in Mexico are extremely strict in comparison to the United States, making it difficult for the average citizen to purchase anything larger than a [[.22 caliber]]. Article 11 (of the Mexican Constitution) " Ley Federal de Armas de Fuego y Explosivos" lists prohibited "military firearms" in Mexico. They include:
| year = 2002
# Anything full-auto.
| title = Act No. 119/2002 Coll., on Firearms and Ammunition
# Any semi-auto handgun larger than .380 (e.g., 9mm, .38 Super, or larger).
| location = Prague
# Any revolver in [[.357 Magnum]] or larger.
| url = http://www.zakonyprolidi.cz/cs/2002-119
# Any rifle in larger than .30 caliber.
| language = cs
# Any shotgun larger than 12 gauge or with a barrel shorter than 25&nbsp;inches.
}}</ref> has the right to have a firearms license issued and can then obtain a firearm.<ref name="Firearms Act-p8">''Firearms Act, Section 8''</ref><ref name="Firearms Act-p16(1)">''Firearms Act, Section 16(1)''</ref> Holders of ''D'' (exercise of profession) and ''E'' (self-defense) licenses, which are also [[shall-issue]], can carry up to two concealed firearms for protection.<ref name="Firearms Act-p28(3)(B), 28(4)(C)">''Firearms Act, Section 28(3)(B), 28(4)(C)''</ref> The right to be armed is statutorily protected.


A proposal to have the right to keep and bear arms included in the constitution was entered in the Czech Parliament in December 2016.<ref name="Con am">{{Citation
===Purchasing===
| last = Ministry of Interior
Mexico's constitution has a right to keep and bear arms for its citizens:
| year = 2016
# Members of hunting clubs may be able to acquire hunting guns of a non-prohibited caliber.
| title = Proposal of amendment of constitutional act no. 110/1998 Col., on Security of the Czech Republic
# All applications must go through the single national gun store in Mexico City for approval. Approval will be denied once you own more than 2 handguns or 10 long guns.
| location = Prague
# Carry permits exist for outside of your home, but are rarely granted.
| url = https://apps.odok.cz/veklep-detail?pid=KORNAGNGZSFW
# Mexican citizens and immigrants can have firearms in their homes, and only of permitted firearms. The privilege of carrying a firearm outside of one's home is limited to what is authorized by Mexican federal law.
| access-date = 16 December 2016
# All privately owned firearms are registered with the Mexican army.<ref name="panda">{{cite web |url= http://panda.com/mexicoguns/ |title=A Practical Guide to Mexico's Gun Laws for Americans |work=panda.com |year=2010 |accessdate=15 December 2011}}</ref>
| language = cs
}}</ref> The proposal was approved by vote of 139 to 9 on 28 June 2017 by the Chamber of Deputies. It later failed to reach necessary support in Senate, where only 28 out of 59 Senators present supported it (with constitutional majority being 36 votes).<ref>{{Citation
| year = 2017
| title = Právo nosit zbraň pro zajištění bezpečnosti Česka Senát neschválil [The Senate didn't adopt the right to carry a firearm for the purpose of protection of the Czech Republic]
| url = https://zpravy.idnes.cz/zbrane-senat-pravo-bezpecnost-statu-ustava-novela-fw8-/domaci.aspx?c=A171206_215545_domaci_lre
| access-date = 6 December 2017
| language = cs
}}</ref>


A new proposal was entered by 35 Senators in September 2019<ref>{{Citation
===Penalties===
| last = Senate of the Czech Republic
Mexico's gun laws are very restrictive, and extremely harsh if you do not follow them.
| year = 2020
Where there are prohibitions, there are penalties. The penalties for possession of prohibited "military firearms" include: 3–12 months in prison for bayonets, sabers and lances, 1–7 years for .357 magnum revolvers and any revolver larger than a .38 Special, and 2–12 years for other prohibited weapons.
| title = Detail historie tisku č. 135 [Detailed history of proposal No. 135]
| publisher = Senate of the Czech Republic
| location = Prague
| url = https://senat.cz/xqw/xervlet/pssenat/historie?ke_dni=17.8.2020&O=12&action=detail&value=4471
| access-date = 17 August 2020
| language = cs
}}</ref> and then approved on 21 July 2021, adding a new sentence, according to which "the right to defend one's own life or the life of another person even with the use of a weapon is guaranteed under the conditions set by the law."<ref>{{Cite web|date=2021-07-21|title=The right to bear arms in self-defense is embedded in the Czech constitution|url=https://www.expats.cz/czech-news/article/right-to-arms-embedded-in-czech-consitution|access-date=2021-07-22|website=www.expats.cz|language=en}}</ref>
The provision is interpreted as guaranteeing legal accessibility of arms in a way that must ensure possibility of effective self-defense<ref>{{cite book
| last1 = Bartošek
| first1 = Jan
| last2 = Bačkovská
| first2 = Milena
| author-link =
| date = 2021
| title = Zbraně a střelivo
| url = https://search.mlp.cz/cz/titul/zbrane-a-strelivo/4634451/
| location = Praha
| publisher = C. H. Beck
| page = 209
| isbn = 978-80-7400-843-6
}}</ref> and as constitutional stipulation which underscores the individual right to be prepared with arms against an eventual attack, i.e. that courts cannot draw a negative inference from the fact that a defender had been preparing to avert a possible attack with use of weapons.<ref>{{cite book
| last = Gawron
| first = Tomáš
| author-link =
| date = 2023
| title = Nutná obrana v právní praxi
| url = https://knihovna.usoud.cz/arl-us/cs/detail-us_us_cat-0054718-Nutna-obrana-v-pravni-praxi/?disprec=1&iset=1
| location = Brno
| publisher = Václav Klemm
| page = 30
| isbn = 978-80-87713-23-5
}}</ref>


====Switzerland====
These are the possible legal consequences of being convicted of possessing illegal firearms in Mexico:
{{quote box|align=right|quote=
# Jail time and vehicle seizure.
The right to acquire, keep and bear arms is guaranteed within boundaries of this law.
# Separation from your family, friends, and your job, and likely substantial financial hardship.
|source=Article 3 of Swiss Firearms Act
# Court costs and other fees ranging into the tens of thousands of dollars on legal defense.
|width=40%}}
# A 30-year sentence in a Mexican prison if found guilty.
{{Further|Gun laws in Switzerland}}
The consequences of possessing a knife on your person in Mexico, even a pocketknife are:
The Swiss have a statutory right to bear arms under Article 3 of the 1997 Weapons Act.<ref name=WG>{{cite web |url=http://www.admin.ch/opc/de/classified-compilation/19983208/index.html |title=SR 514.54 Bundesgesetz über Waffen, Waffenzubehör und Munition (Waffengesetz WG) |publisher=The Swiss Federal Council |location=Berne, Switzerland |type=official site |language=de, it, fr |date=1 July 2016 |access-date=2015-06-10}}</ref>{{refn|group=lower-alpha|"Art. 3 Recht auf Waffenerwerb, Waffenbesitz und Waffentragen: Das Recht auf Waffenerwerb, Waffenbesitz und Waffentragen ist im Rahmen dieses Gesetzes gewährleistet." (The right to acquire, possess and carry arms is guaranteed in the framework of this law.)}} [[Switzerland]] practices [[conscription|universal conscription]], which requires that all able-bodied male citizens keep a firearm at home in case of a call-up. Each male between the ages of 20 and 34 is considered a candidate for conscription into the military, and following a brief period of active duty will commonly be enrolled in the [[Swiss army|militia]] until age or an inability to serve ends his obligation.<ref>[http://europeforvisitors.com/switzaustria/articles/swiss_army.htm The Swiss Army at Europeforvisitors.com].</ref> Until December 2009, these men were required to keep their government-issued [[selective fire]] combat rifles and semi-automatic handguns in their homes as long as they were enrolled in the armed forces.<ref name="jrlnr">{{cite news|last=Lott |first=John R. |url=http://www.nationalreview.com/comment/lott200310020833.asp |title=Swiss Miss|work=National Review|date=October 2, 2003 |access-date=March 17, 2010}}</ref> Since January 2010, they have had the option of depositing their personal firearm at a government arsenal.<ref>{{cite web|title=Hinterlegung der persönlichen Waffe|url=http://www.lba.admin.ch/internet/lba/de/home/themen/pers0/bewaffnung/hinterlegung_der_persoenlichen.html|publisher=Logistikbasis der Armee, Eidgenössisches Departement für Verteidigung, Bevölkerungsschutz und Sport|access-date=4 May 2013}}</ref> Until September 2007, soldiers received 50 rounds of government-issued ammunition in a sealed box for storage at home; after 2007 only about 2,000 specialist troops are allowed to keep the ammunition at home.<ref>{{cite news|title= Soldiers can keep guns at home but not ammo |publisher=[[Swissinfo]]|date=27 September 2007|url=http://www.swissinfo.org/eng/search/Result.html?siteSect=882&sid=8470114}}</ref>
# A criminal charge with possession of a deadly weapon.
# Weeks could be spent in jail waiting for trial, and if convicted, one may be sentenced to up to five years in a Mexican prison.
# Tens of thousands of dollars in attorney's fees, court costs, and fines.<ref name="usconsulate">{{cite web |url= http://tijuana.usconsulate.gov/tijuana/warning.html |title=Guns are Illegal in Mexico |work=U.S. Consulate General Tijuana, Mexico |year=2011 |accessdate=15 December 2011}}</ref>


In [[Swiss referendum, February 2011|a referendum in February 2011]], voters rejected a citizens' initiative that would have obliged members of the armed services to store their rifles and pistols on military compounds and required that privately owned firearms be registered.<ref name="bbc.co.uk">{{cite news |url=https://www.bbc.co.uk/news/world-europe-12441834 |title=Switzerland rejects tighter gun controls |date=13 February 2011 |newspaper=[[BBC News Online]]}}</ref>
==North Korea==
<!-- THERE IS NOTHING IN THE TEXT SUGGESTING LEGAL RECOGNITION OF RKBA IN UKRAINE. DO NOT ADD UKRAINE WITHOUT PROPER EXPLANATION HOW RKBA IS RECOGNIZED IN NATIONAL LAW. MAY ISSUE SYSTEM IS ANTITHESIS OF RKBA
Chapter IV, Article 60 of the Socialist Constitution of the Democratic People's Republic of Korea (North Korea) "The State shall implement the line of self-reliant defence, the import of which is to arm the entire people, fortify the country, train the army into a cadre army and modernize the army on the basis of equipping the army and the people politically and ideologically."<ref>{{cite web|url=http://www.novexcn.com/dprk_constitution_98.html |title=Socialist Constitution of the Democratic People's Republic of Korea (Full Text) 1998 |publisher=Novexcn.com |date=1998-09-05 |accessdate=2012-05-22}}</ref>
====Ukraine====
{{Further|Gun law in Ukraine}}


The right to keep and bear arms in Ukraine was expanded to include open carry by all citizens on February 23, 2022,<ref>{{Cite news |last=Reuters |date=2022-02-23 |title=Ukraine MPs vote to give permission for civilians to carry firearms |language=en |work=Reuters |url=https://www.reuters.com/world/europe/ukraine-mps-vote-give-permission-civilians-carry-firearms-2022-02-23/ |access-date=2022-09-14}}</ref> in response to the [[2022 Russian invasion of Ukraine|invasion of Ukraine by Russia.]] The move to expand the right to carry arms for all citizens of Ukraine was viewed as highly popular by Ukrainians.<ref name="Ukrainians Take Up Arms in Self Defense – Reason – J.D. Tuccille">{{cite web |last1=Tuccille |first1=J.D. |title=Ukrainians Take Up Arms in Self Defense |url=https://reason.com/2022/03/02/ukrainians-take-up-arms-in-self-defense/ |website=reason.com |date=2 March 2022 |publisher=Reason |access-date=11 March 2022}}</ref>
==Pakistan==
-->
{{Further|Gun politics in Pakistan}}


===Sharia law===
====United Kingdom====
{{quote box
Under Sharia law, there is an intrinsic freedom to own arms. However, in times of civil strife or internal violence, this right can be temporarily suspended to keep peace and prevent harm, as mentioned by Imam ash-Shatibi in his works on Maqasid ash-Shari'ah (The Intents and Purposes of Shari'ah)<ref name="p.60 Imam Al-Shatibi's Theory of the Higher Objectives and Intents of Islamic Law">{{cite book |url=http://books.google.com/books?id=Zt8I2GwVZs8C&printsec=frontcover&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false|author=Aḥmad Raysūnī |title=Imam Al-Shatibi's Theory of the Higher Objectives and Intents of Islamic Law |year=2005 |page=60 |accessdate=October 13, 2012}}</ref><ref name="Purpose of Islamic Law">{{cite web |url=http://www.amazon.com/exec/obidos/ASIN/1565644123/mower.shocksale-20 |title=Purpose of Law |format=Book |work=Imam Al-Shatibi's Theory of the Higher Objectives and Intents of Islamic Law (Paperback)
| align = right
|accessdate=}}</ref> Citizens not practicing Islam are prohibited from bearing arms and are required to be protected by the Islamic State's Military, the state for which they pay the [[jizyah]]. In exchange they do not need to pay the [[zakat]].<ref name="isbn0-8133-3885-9">{{cite book |author=Goldschmidt, Arthur; Arthur Goldschmidt Jr |title=A concise history of the Middle East |publisher=Westview Press |location=Boulder, Colo |year=2002 |page=108 |isbn=0-8133-3885-9 |oclc= |doi= |accessdate=}}</ref>
| quote = That the Subjects which are Protestants may have Arms for their Defence suitable to their Conditions and as allowed by Law.
| source = Bill of Rights 1689
| width = 40%
}}
{{See also|Firearms policy in the United Kingdom}}
{{See also|Self-defence in English law}}
{{See also|Offensive weapon#UK}}
In the [[United Kingdom]], there is no automatic right to bear arms,<ref name="SydneySchoolOfPublicHealth2015">{{cite web|author1=Alpers, Philip |author2=Wilson, Marcus |author3=Rossetti, Amélie |author4=Salinas, Daniel |url=http://www.gunpolicy.org/firearms/region/united-kingdom |title=United Kingdom – Gun Facts, Figures and the Law&nbsp;– Gun regulation, Right to Possess Firearms |publisher=Sydney School of Public Health, The University of Sydney|date=2015-04-29 |access-date=2015-05-13}}</ref> although citizens may possess certain firearms on obtaining an appropriate licence.<ref>{{cite web|url=https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/518193/Guidance_on_Firearms_Licensing_Law_April_2016_v20.pdf |title=Guide on Firearms Licensing Law |website=www.gov.uk |date=April 2016}}</ref> Ordinary members of the public may own sporting rifles and shotguns, subject to licensing, while [[handgun]]s, [[Automatic firearm|automatic]], and [[Centerfire ammunition|centerfire]] [[Semi-automatic firearm|semi-automatic]] weapons are illegal to possess without special additional conditions.<ref name="SydneySchoolOfPublicHealth2015"/><ref>{{cite journal| last =Kopel| first =David| title =It isn't about duck hunting: The British origins of the right to arms| journal =Michigan Law Review| issue =6| pages =1333–1362| publisher =Michigan Law Review Association| year =1995| volume =93| doi =10.2307/1289883| jstor =1289883| url =http://www.guncite.com/journals/dk-dhunt.html| access-date = 7 April 2013}}</ref>
When not attended, all licensed firearms must be stored securely (locked) and separate from their ammunition. [[Firearms regulation in the United Kingdom#Airguns|Regulations for airguns]] are less stringent and air pistols with a muzzle energy not exceeding 6 foot-pounds force (8.1 joules) and other airguns with a muzzle energy not exceeding 12&nbsp;ft⋅lbf (16 J) do not require any certificates or licensing, although the same storage requirement applies.
The first serious control on firearms was established with the passing of the [[Gun politics in the United Kingdom#Firearms Act 1920|Firearms Act 1920]],<ref>{{cite web|author=John Pate |url=http://www.dvc.org.uk/dunblane/pistolsact.html |title=Dunblane Massacre Resource Page&nbsp;– Pistols Act, 1903 |publisher=Dvc.org.uk |date=1903-08-11 |access-date=2012-05-22}}</ref> handgun restrictions being added in response to the 1996 [[Dunblane Massacre]] in which 18 people died.


Historically the English [[Bill of Rights 1689]] allowed:
==Spain==
{{blockquote|That the Subjects which are [[Protestants]] may have Arms for their Defence suitable to their Conditions and as allowed by Law.<ref>{{cite web|url=http://www.legislation.gov.uk/aep/WillandMarSess2/1/2/introduction/data.htm|title=Bill of Rights [1688]|website=www.legislation.gov.uk}}</ref>}}
Per section 149.26 of the [[s:Spanish Constitution of 1978|Spanish Constitution]] ''"The State shall have exclusive competence over ... the regime for the production, trading, holding and use of weapons"''


Since 1953, it has been a criminal offence in the United Kingdom to carry a knife (with the exception of non-locking folding knives with a cutting edge of 3 inches (7.62 centimetres) or less) or any "[[offensive weapon]]" in a public place without lawful authority (e.g. police or security forces) or reasonable excuse (e.g. tools that are needed for work). The cutting edge of a knife is separate to the blade length. The only manner in which an individual may carry arms is on private property or any property to which the public does not have a lawful right of access (e.g., a person's own home, private land, the area in a shop where the public have no access, etc.), as the law only creates the offence when it occurs in public.<ref>{{cite web|url=http://www.legislation.gov.uk/ukpga/Eliz2/1-2/14/section/1/data.htm|title=Prevention of Crime Act 1953|website=www.legislation.gov.uk|access-date=2019-08-23}}</ref><ref name="cps.gov.uk">{{cite web|url=https://www.cps.gov.uk/legal-guidance/offensive-weapons-knives-bladed-and-pointed-articles|title=Offensive Weapons, Knives, Bladed and Pointed Articles {{!}} The Crown Prosecution Service|website=www.cps.gov.uk|access-date=2019-08-23}}</ref> Furthermore, [[Criminal Justice Act 1988]] Section 141 specifically lists all [[offensive weapon]]s that cannot technically be owned, even on private property, by way of making it illegal to sell, trade, hire, etc. an offensive weapon to another person.<ref>{{cite web|url=http://www.legislation.gov.uk/ukpga/1988/33/section/141/data.htm|title=Criminal Justice Act 1988|website=www.legislation.gov.uk|access-date=2019-08-23}}</ref>
In practice, there is a tight regime over firearms which are regulated by law and administered by the ''Intervención de Armas'' unit of the ''Guardia Civil''. The law requires every person carrying or having possession of a firearm to have a licence issued by the Civil Guard Authority. There are separate licence categories for officers of the state (e.g., the armed forces, the police and customs officers), personal use, security guards, game hunters large and small, for collectors, sports users and for minors participating in sports. Licences usually are issued for a limited period and are restrictive regarding the class of weapon that may be held.<ref>[http://www.guardiacivil.org/quesomos/organizacion/operaciones/icae/licencias.jsp Licencing categories in Spain] Spanish government ''in Spanish''</ref>


Furthermore, the law does not allow an offensive weapon or ordinary item intended or adapted as an offensive weapon to be carried in public before the threat of violence arises. This would only be acceptable in the eyes of the law if the person armed themselves immediately preceding or during an attack (in a public place). This is known as a "[[weapon of opportunity]]" or "instantaneous arming".<ref name="cps.gov.uk"/>
==Switzerland==
{{Further|Gun politics in Switzerland}}
Although the Swiss do not have a constitutional right to bear arms, Switzerland practices [[conscription|universal conscription]], which requires that all able-bodied male citizens keep fully automatic firearms at home in case of a call-up. Every male between the ages of 20 and 34 is considered a candidate for conscription into the military, and following a brief period of active duty will commonly be enrolled in the [[Swiss army|militia]] until age or an inability to serve ends his service obligation.<ref>[http://europeforvisitors.com/switzaustria/articles/swiss_army.htm The Swiss Army at Europeforvisitors.com].</ref> Up until December 2009, these men were required to keep their government-issued [[selective fire]] combat rifles and [[Semi-automatic firearm|semi-automatic]] handguns in their homes as long as they were enrolled in the armed forces.<ref name="jrlnr">{{cite web|last=Lott |first=John R. |url=http://www.nationalreview.com/comment/lott200310020833.asp |title='&#39;Swiss Miss'&#39;, John R. Lott writing for The National Review, October 2, 2003 |publisher=Nationalreview.com |date= |accessdate=17 March 2010}}</ref> Since January 2010, they have the option of depositing their personal firearm at a government arsenal.<ref>{{cite web|title=Hinterlegung der persönlichen Waffe|url=http://www.lba.admin.ch/internet/lba/de/home/themen/pers0/bewaffnung/hinterlegung_der_persoenlichen.html|publisher=Logistikbasis der Armee, Eidgenössisches Departement für Verteidigung, Bevölkerungsschutz und Sport|accessdate=4 May 2013}}</ref> They are not allowed to keep ammunition for these firearms in their homes, however, and ammunition is stored at government arsenals. Up until September 2007, soldiers received 50 rounds of government-issued ammunition in a sealed box for storage at home.<ref>{{cite news|title=Gun laws under fire after latest shooting|publisher=[[Swissinfo]]|date=27 November 2007|url=http://www.swissinfo.org/eng/search/Result.html?siteSect=882&sid=8470114}}</ref>


===Other===
Switzerland may have one of the highest personal gun ownership rates in the world.<ref name="Estimating Civilian Owned Firearms Note The estimate for Switzerland may vary by a factor of ten.">{{cite press_release | url=http://www.smallarmssurvey.org/about-us/highlights/highlight-research-note-9-estimating-civilian-owned-firearms.html | title=Estimating Civilian Owned Firearms | publisher=Small Arms Survey | date=September 2011 Number 9 | accessdate=January 27, 2013 }}</ref> It has an overall low crime rate by European standards, but it has one of the highest rates of gun homicide, and the highest gun suicide rate in Europe.<ref name="SPIEGEL ONLINE ">{{cite web|url=http://www.spiegel.de/international/europe/0,1518,480545,00.html|title=De-Quilling the Porcupine: Swiss Mull Tighter Gun Laws|accessdate=2008-01-22}}</ref><ref name="bbc.co.uk">{{cite news |url=http://www.bbc.co.uk/news/world-europe-12441834 |title=Switzerland rejects tighter gun controls |date=13 February 2011 |newspaper=[[BBC News Online]]}}</ref>


====Sharia law====
Swiss gun laws are considered to be restrictive.<ref>{{cite web|work=International Firearms Injury Prevention & Policy|url=http://www.gunpolicy.org/firearms/region/switzerland |title=Switzerland — Gun Facts, Figures and the Law|date=27 June 2012|accessdate=15 January 2013}}</ref> Owners are legally responsible for third party access and usage of their weapons. Licensure is similar to other Germanic countries.<ref>{{cite web|work=Swissinfo|url=http://www.admin.ch/ch/d/sr/c514_54.html |title=Bundesgesetz vom 20. Juni 1997 über Waffen, Waffenzubehör und Munition (Waffengesetz, WG)|date=20 June 1997|accessdate=17 March 2010}}</ref> In [[Swiss referendum, February 2011|a referendum in February 2011]] voters rejected a citizens' initiative which would have obliged armed services members to store their rifles and pistols on military compounds, rather than keep them at home, and required that privately owned firearms be registered.<ref name="bbc.co.uk"/>
Under [[Sharia law]], there is an intrinsic freedom to own arms. However, in times of civil strife or internal violence, this right can be temporarily suspended to keep peace and prevent harm, as mentioned by Imam ash-Shatibi in his works on Maqasid ash-Shari'ah (The Intents and Purposes of Shari'ah).<ref name="p.60 Imam Al-Shatibi's Theory of the Higher Objectives and Intents of Islamic Law">{{cite book |url=https://books.google.com/books?id=Zt8I2GwVZs8C|author=Aḥmad Raysūnī |title=Imam Al-Shatibi's Theory of the Higher Objectives and Intents of Islamic Law |year=2005 |page=60 |publisher=International Institute of Islamic Thought (IIIT) |isbn=978-1565644120 |access-date=October 13, 2012}}</ref><ref name="Purpose of Islamic Law">{{cite web |url=http://www.amazon.com/exec/obidos/ASIN/1565644123/mower.shocksale-20 |title=Purpose of Law |format=Book |work=Imam Al-Shatibi's Theory of the Higher Objectives and Intents of Islamic Law (Paperback)
}}</ref> Citizens not practicing Islam are prohibited from bearing arms and are required to be protected by the military, the state for which they pay the [[jizyah]]. In exchange they do not need to pay the [[zakat]].<ref name="isbn0-8133-3885-9">{{cite book |author1=Goldschmidt, Arthur |author2=Goldscmidt Jr., Arthur |title=A concise history of the Middle East |publisher=Westview Press |location=Boulder, Colo |year=2002 |page=[https://archive.org/details/concisehistoryof00gold/page/108 108] |isbn=0813338859 |url=https://archive.org/details/concisehistoryof00gold/page/108 }}</ref><ref>حر عاملی، وسائل الشیعه، بیروت، ۱۴۰۳، ج۳، ص۳۸، باب۲۴، ح۲، و کلینی، محمد بن یعقوب، فروع کافی، تهران، ۱۳۱۲، ج۲، ص۱۱۷، و نجفی، محمد حسن، جواهر الکلام، بیروت، چاپ مؤسسة تاریخ عربی، ج ۱۱، ص ۳۳۱.</ref><ref>{{cite web | url=https://www.isna.ir/news/92100100355/%D8%A7%D9%85%D8%A7%D9%85%D8%A7%D9%86-%D8%AC%D9%85%D8%B9%D9%87-%DA%86%D9%87-%D8%B3%D9%84%D8%A7%D8%AD%DB%8C-%D8%AF%D8%B3%D8%AA-%D9%85%DB%8C-%DA%AF%DB%8C%D8%B1%D9%86%D8%AF-%D8%AA%D8%B5%D8%A7%D9%88%DB%8C%D8%B1 | title=امامان جمعه چه سلاحی دست می‌گیرند؟ + تصاویر | date=22 December 2013 }}</ref><ref>{{cite web | url=https://www.yjc.news/fa/news/7006374/%D8%AA%DA%A9%DB%8C%D9%87-%D8%A8%D8%B1-%D8%B3%D9%84%D8%A7%D8%AD-%D8%B6%D8%B1%D9%88%D8%B1%D8%AA-%D8%A7%D8%B3%D8%AA%D9%81%D8%A7%D8%AF%D9%87-%D8%A7%D8%B2-%D8%B3%D9%84%D8%A7%D8%AD-%D8%AA%D9%88%D8%B3%D8%B7-%D8%AE%D8%B7%DB%8C%D8%A8-%D8%AC%D9%85%D8%B9%D9%87-%D9%81%DB%8C%D9%84%D9%85 | title=تکیه بر سلاح؛ ضرورت استفاده از سلاح توسط خطیب جمعه +فیلم }}</ref>


==United Kingdom==
====Yemen====
{{quote box|align=right|quote=The citizens of the Republic shall have the right to hold the necessary rifles, machine guns, revolvers, and hunting rifles for their personal use with an amount of ammunition for the purpose of legitimate defense.<ref>[https://www.gunpolicy.org/firearms/region/yemen Yemen – Gun Facts, Figures and the Law], ''Gunpolicy.org'' (accessed 29 August 2019)</ref>
{{Further|English law|Scots Law|Northern Ireland law|Gun politics in the United Kingdom}}
|source=Law Regulating Carrying Firearms, Ammunition & their Trade
Until recently, English statute was not concerned with absolute rights and rights that were recognized in law, such as the right to life have traditionally been part of the [[common law]]. There is an English common law right to keep and bear arms for self-protection but the possession of certain arms is controlled for the common good.<ref>{{cite journal| last =Kopel| first =David| title =It isn't about duck hunting: The British origins of the right to arms| journal =Michigan Law Review| issue =93| pages =1333–1362| publisher =Michigan Law Review Association| year =1995| url =http://www.guncite.com/journals/dk-dhunt.html| accessdate = 7 April 2013}}</ref> The right to bear arms was not specifically made legal until the [[Bill of Rights 1689]]. The first serious control on firearms after this was not made until the passing of the [[Gun politics in the United Kingdom#Pistols Act 1903|Pistols Act 1903]] more than 200 years later.<ref>{{cite web|author=John Pate |url=http://www.dvc.org.uk/dunblane/pistolsact.html |title=Dunblane Massacre Resource Page&nbsp;— Pistols Act, 1903 |publisher=Dvc.org.uk |date=1903-08-11 |accessdate=2012-05-22}}</ref>
|width=40%}} {{main|Gun law in Yemen}}
Yemen recognizes statutory right to keep and bear arms. Firearms are both easily and legally accessible.<ref name="Yemeni gun market">[https://web.archive.org/web/20140327053715/http://www.irinnews.org/Report/88094/YEMEN-Small-arms-sales-heading-underground Weapons in Yemen], Yemeni gun market.</ref><ref name="Yemeni gun laws">[http://www.gunpolicy.org/firearms/region/yemen], Gun policy in Yemen</ref>


{{Clear}}
Modern-day possession of guns operates as follows: everything that isn't prohibited under section 5 of the [[Firearms Act 1968]] must be held on a section 1 [[firearms certificate]], unless it is a section 2 shotgun and can thus go on a Shot Gun Certificate. The requirements for a firearms certificate are more demanding than that of a Shot Gun Certificate.<ref>[http://police.homeoffice.gov.uk/publications/operational-policing/HO-Firearms-Guidance.pdf?view=Binary Home Office guidlines to Police on granting of a firearms certificate]</ref>


== Gun violence and the politics of the right to bear arms ==
Police officers in [[Great Britain]] do not routinely carry firearms but do typically carry a baton and/or pepper spray. In recent years [[Tasers]] have controversially been deployed against citizens, occasionally in error.<ref>[http://www.dailymail.co.uk/news/article-2218945/Terror-blind-man-tasered-police-I-thought-theyd-kill-says-stroke-victim-aged-61-white-stick-mistaken-samurai-sword.html]</ref> Police that do carry firearms regularly are typically those guarding national ports of entry, those engaged with diplomatic security, Royal Protection officers, the [[Civil Nuclear Constabulary]] or officers of the [[Police Service of Northern Ireland]]. Police officers carrying semi-automatic rifles were employed across London during the 2012 Olympics as a deterrent to terrorism and can occasionally be seen year-round at major London rail stations and other areas of high public concentration.


[[File:2010 homicide suicide rates high-income countries.png|thumb|upright=1.35|Gun-related homicide and suicide rates in high-income [[OECD]] countries, 2010, countries in graph ordered by total death rates (homicide plus suicide plus other gun-related deaths)<ref name="AJM201603">{{cite journal |last1=Grinshteyn |first1=Erin |last2=Hemenway |first2=David |title=Violent Death Rates: The US Compared with Other High-income OECD Countries, 2010 |journal=[[The American Journal of Medicine]] |date=March 2016 |volume=129 |issue=3 |pages=266–273 |doi=10.1016/j.amjmed.2015.10.025 |pmid=26551975 |doi-access=free }} ([https://archive.today/20180901041428/https://www.webcitation.org/726BRzNvK?url=https://www.amjmed.com/action/showFullTableImage?isHtml=true&tableId=tbl4&pii=S000293431501030X Table 4]). ([https://www.amjmed.com/article/S0002-9343(15)01030-X/pdf PDF]).</ref>]]
===General===
[[File:2019 Gun ownership rates and gun homicide rates - developed world - scatter plot.svg|thumb|upright=1.35|Multiple studies show that where people have easy access to firearms, gun-related deaths tend to be more frequent, including by suicide, homicide, and unintentional injuries.<ref name="CNN_20211126">{{cite news |last1=Fox |first1=Kara |last2=Shveda |first2=Krystina |last3=Croker |first3=Natalie |last4=Chacon |first4=Marco |title=How US gun culture stacks up with the world |url=https://www.cnn.com/2021/11/26/world/us-gun-culture-world-comparison-intl-cmd/index.html |work=CNN |date=November 26, 2021 |archive-url=https://web.archive.org/web/20211126193406/https://www.cnn.com/2021/11/26/world/us-gun-culture-world-comparison-intl-cmd/index.html |archive-date=November 26, 2021 |url-status=live |quote=CNN's attribution: Developed countries are defined based on the UN classification, which includes 36 countries. Source: Institute for Health Metrics and Evaluation (Global Burden of Disease 2019), Small Arms Survey (Civilian Firearm Holdings 2017)}}</ref>]]
The [[Prevention of Crime Act 1953]] prohibited the carrying of an offensive weapon without lawful authority or reasonable excuse. This is defined as any article made or adapted for use to causing injury to the person, or intended by the person having it with him for such use.<ref>{{cite web|url=http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1953/cukpga_19530014_en_1 |title=Prevention of Crime Act 1953 |publisher=Opsi.gov.uk |date= |accessdate=2012-05-22}}</ref> The law covers not just firearms but also knives. A person cannot merely carry a knife around with him for self-defence as the courts do not regard this as reasonable excuse. Since 1972, in the Queens Bench court case Evans v. Hughes, the threat has to be believed to be real and imminent.<ref>{{cite web|url=http://www.bailii.org/ew/cases/EWCA/Crim/1984/1.html |title=Court of Appeal ruling on the validity of "self defence" as "reasonable excuse" |publisher=Bailii.org |date= |accessdate=2012-05-22}}</ref> A person with fishing tackle and carrying a knife or on a camping expedition would have a reasonable excuse for carrying a knife. Non locking, folding knives with a blade under 3&nbsp;inches, may be carried freely without "reasonable excuse", however the police and courts regard them as an offensive weapon if used as such. It was not considered a "reasonable excuse" to carry a weapon for self-defence, unless his job carried a high risk of being attacked by criminals such as people carrying money to a bank, security guards and certain people who worked for the government. Since 1973, security guards and others are not allowed to carry truncheons and other weapons as part of their duties and only police are allowed to carry weapons.
Legal restrictions on the right to keep and bear arms are usually put in place by legislators in an attempt to reduce [[gun violence|firearm-based violence]] and crime.<ref>{{cite news |url=https://abcnews.go.com/WNT/International/Story?id=3066193&page=1 |title=U.K. Response to School Massacre: Ban Handguns |first=David |last=Wright |date=April 22, 2007 |work=ABC News }}</ref><ref>{{cite news |url=http://www.iht.com/articles/2007/11/29/europe/union.php |title=EU legislators push tougher gun controls |work=[[International Herald Tribune]] |date=November 29, 2007 |archive-url=https://web.archive.org/web/20080208193010/http://www.iht.com/articles/2007/11/29/europe/union.php |archive-date=February 8, 2008 }} [https://www.nytimes.com/2007/11/29/world/europe/29iht-union.4.8532843.html Alt URL]</ref><ref>{{cite news |url=https://www.nytimes.com/1999/12/01/us/clinton-calls-brady-law-a-success-and-backs-more-limits.html |title=President Clinton Calls Brady Law a Success and Backs More Limits |work=[[New York Times]] |date=December 1, 1999 }}</ref> Their actions may be the result of political groups advocating for such regulations. The [[Brady Campaign]], [[Snowdrop Campaign]], and the [[Million Mom March]] are examples of campaigns calling for tighter restrictions on the right to keep and bear arms. Accident statistics can be hard to obtain, but much data is available on the issue of gun ownership and gun related deaths.


=== United Nations Interregional Crime and Justice Research Institute ===
====Firearms====
Pistols with barrels shorter than 9&nbsp;inches were first controlled by the 1903 Pistols Act, which placed hurdles in the path of those who were not householders. [[Pistol]]s, [[revolver]]s, [[rifle]]s and [[ammunition]], but not shotguns, were much more tightly controlled by the [[Firearms Act of 1920]], which made it illegal to possess these weapons without first obtaining a certificate from the police and registering each individual firearm. Less stringent provisions were introduced for shotguns in 1967.<ref>{{cite web
| url = http://www.parliament.uk/post/pn087.pdf
|format=PDF| title = ''Report 87: Psychological Evaluation and Gun Control''
| publisher = Parliamentary Office of Science and Technology
| year = 1996
| accessdate = 2007-03-07}} {{Dead link|date=November 2010|bot=H3llBot}}</ref>


The [[United Nations Interregional Crime and Justice Research Institute]] (UNICRI) has made comparisons between countries with different levels of gun ownership and investigated the correlation between gun ownership levels and gun homicides, and between gun ownership levels and gun suicides. A "substantial correlation" is seen in both:<ref name="UNICRI">{{cite book |last=Killias |first=Martin |year=1993 |chapter=Gun Ownership, Suicide and Homicide: An International Perspective |editor1-first=Anna |editor1-last=Alvazzi del Frate |editor2-first=Ugljesa |editor2-last=Zvekic |editor3-first=Jan J. M. |editor3-last=van Dijk |title=Understanding Crime, Experiences of Crime and Crime Control – Acts of the International Conference, Rome, 18–20 Nov 1992 |pages=289–306 |location=Rome |publisher=United Nations International Crime & Justice Research Institute (UNICRI) |isbn=9290780231 |chapter-url=http://www.unicri.it/wwk/publications/books/series/understanding/19_GUN_OWNERSHIP.pdf |quote=During the 1989 and 1992 International Crime Surveys data on gun ownership in eighteen countries have been collected on which WHO data on suicide and homicide committed with guns and other means are also available. The results ... based on the fourteen countries surveyed during the first ICS and on rank correlations...suggested that gun ownership may increase suicides and homicides using firearms, while it may not reduce suicides and homicides with other means. |url-status=dead |archive-url=https://web.archive.org/web/20080107174528/http://www.unicri.it/wwk/publications/books/series/understanding/19_GUN_OWNERSHIP.pdf |archive-date=2008-01-07 }}</ref>
[[UK legislation]] often gives considerable powers to ministers to issue regulations that control the way the various acts are applied. In relation to firearms, this power generally falls to the [[Home Secretary]]. The [[Home Office]] therefore has some control of the conditions under which firearms certificates can be issued. On a few occasions over the years, permits have been granted to private individuals to keep firearms for personal protection, however these are very limited and exceptional cases.


{{blockquote|text=During the 1989 and 1992 International Crime Surveys, data on gun ownership in eighteen countries have been collected on which WHO data on suicide and homicide committed with guns and other means are also available. The results presented in a previous paper based on the fourteen countries surveyed during the first ICS and on rank correlations (Spearman's rho), suggested that gun ownership may increase suicides and homicides using firearms, while it may not reduce suicides and homicides with other means. In the present analysis, four additional countries covered by the 1992 ICS only have been included, and Pearson's correlation coefficients have been used. The results confirm those presented in the previous study.|author=Martin Killias|source=Understanding Crime, Experiences of Crime and Crime Control – Acts of the International Conference<ref>{{cite book |last=Killias |first=Martin |year=1993 |chapter=Gun Ownership, Suicide and Homicide: An International Perspective |editor1-first=Anna |editor1-last=Alvazzi del Frate |editor2-first=Ugljesa |editor2-last=Zvekic |editor3-first=Jan J. M. |editor3-last=van Dijk |title=Understanding Crime, Experiences of Crime and Crime Control – Acts of the International Conference, Rome, 18–20 Nov 1992 |pages=289–306 |location=Rome |publisher=United Nations International Crime & Justice Research Institute (UNICRI) |isbn=9290780231 |chapter-url=http://www.unicri.it/wwk/publications/books/series/understanding/19_GUN_OWNERSHIP.pdf |url-status=dead |archive-url=https://web.archive.org/web/20080107174528/http://www.unicri.it/wwk/publications/books/series/understanding/19_GUN_OWNERSHIP.pdf |archive-date=2008-01-07 }}</ref>}}
The Firearms Acts 1936/7 placed additional controls on fully automatic firearms, effectively restricting them to the armed forces and police. The Criminal Justice Act 1967 was passed which introduced Shotgun Certificates. The act was at least in part a response to the [[Shepherd's Bush murders|murder by criminals of three policemen]] the previous year, though this had been committed with handguns. The [[Firearms Act 1968]] introduced the concept of compulsory security for rifles and pistols and incorporated the Shotgun Certificate first outlined in the [[Criminal Justice Act 1967]]. The [[Firearms Act 1982]] extended the provision of the 1968 Act, including control of imitation firearms. The Hungerford killings in 1987 was followed by the [[Firearms Act 1988]] which banned centre-fire self-loading and pump action rifles and extended compulsory security to shotguns. The [[Dunblane massacre]] in Scotland in 1996 was followed by the Firearms (Amendment) Act 1997, which effectively banned all but .22 pistols; and then, after the Labour government led by Tony Blair came into power, the Firearms (Amendment) (No.2) Act 1997 was introduced, which effectively banned the private possession of all modern pistols, even for competitive sporting purposes. Rifles are not limited to smallbore, or to competition use and numerous types of rifles, shotguns and black-powder pistols and longarms, may be owned privately.
<ref>{{cite web
| url = http://www.opsi.gov.uk/ACTS/acts1997/1997005.htm
| title = Firearms (Amendment) Act 1997
| publisher = Office of Public Sector Information
| accessdate = 2007-03-07}} and {{cite web
| url = http://www.opsi.gov.uk/ACTS/acts1997/1997064.htm
| title = Firearms (Amendment) (No. 2) Act 1997
| publisher = Office of Public Sector Information
| accessdate = 2007-03-07}}</ref>


UNICRI also investigated the relationship between gun ownership levels and other forms of homicide or suicide to determine whether high levels of gun ownership added to or merely displaced other forms of homicide or suicide. They reported that "widespread gun ownership has not been found to reduce the likelihood of fatal events committed with other means. Thus, people do not turn to knives and other potentially lethal instruments less often when more guns are available, but more guns usually means more victims of suicide and homicide." The researchers concluded that "all we know is that guns do not reduce fatal events due to other means, but that they go along with more shootings. Although we do not know why exactly this is so, we have a good reason to suspect guns to play a fatal role in this".<ref name="UNICRI" />
The [[Anti-Social Behaviour Act 2003]] has brought certain types of air weapons into the categories of control created by the firearms acts.<ref>{{cite web
| url = http://www.met.police.uk/firearms-enquiries/new_legis.htm
| title = ''New Legislation''
| publisher = The Metropolitan Police
| accessdate = 2007-03-07 |archiveurl = http://web.archive.org/web/20070302120729/http://www.met.police.uk/firearms-enquiries/new_legis.htm <!-- Bot retrieved archive --> |archivedate = 2007-03-02}}</ref>


This research found that guns were the major cause of homicides in three of the fourteen countries it studied: [[Northern Ireland]], [[Italy]], and the United States.<ref name="UNICRI" /> Although some data indicates that reducing the availability of one significant type of arms—firearms—leads to reductions both in gun crimes and gun suicides and moderate reductions in overall crimes and overall suicides, the author did caution that "reducing the number of guns in the hands of the private citizen may become a hopeless task beyond a certain point," citing the [[Right to keep and bear arms in the United States#The politics of the right to keep and bear arms|American example where gun laws remain a subject of heated debate]] (see also [[Gun politics in the United States]]).<ref name="UNICRI" />
The Crown Prosecution Service has published a summary of the laws regarding firearms in England and Wales.<ref>{{cite web|url=http://www.cps.gov.uk/legal/d_to_g/firearms/ |title=The Crown Prosecution Service. Guidance re Firearms |publisher=Cps.gov.uk |date= |accessdate=2012-05-22}}</ref>


A posterior study by UNICRI researchers from 2001 examined the link between household gun ownership and overall homicide, overall suicide, as well as gun homicide and gun suicide rates amongst 21 countries. The researchers declared "The results show very strong correlations between the presence of guns in the home and suicide committed with a gun, rates of gun-related homicide involving female victims, and gun-related assault."<ref name="UNICRI2001" /> There were no significant correlations detected for total homicide and suicide rates, as well as gun homicide rates involving male victims.<ref name="UNICRI2001">{{cite journal |last1=Killias |first1=Martin |last2=van Kesteren |first2=John |last3=Rindlisbacher |first3=Martin |year=2001 |title=Guns, Violent Crime, and Suicide in 21 Countries |journal=[[Canadian Journal of Criminology]] |volume=43 |issue=4 |pages=429–448 |doi=10.3138/cjcrim.43.4.429 |url=https://pure.uvt.nl/portal/files/5263789/GunsKilliasvKesteren.pdf }}</ref>
====Knives====
The following laws<ref>{{cite web |url=http://www.crimereduction.homeoffice.gov.uk/violence/violence023.pdf |title=Knife Crime Best Practice Guidelines |publisher=Crimereducition.homeoffice.gov.uk |date= |accessdate= }}</ref> apply to the controlled use of knives in the UK; possession of an offensive weapon in a public place (section 1 Prevention of Crime Act 1953); the possession of a bladed or pointed article in a public place (Section 139 Criminal Justice Act 1988); trading in flick or gravity knives (restricted under the Offensive Weapons Act 1959), the unlawful marketing of combat knives and publishing adverts for combat knives and using someone to mind a weapon (Violent Crime Reduction Act VCRA 2006). The police have powers of entry, seizure, retention and forfeiture (The Knives Act 1997). School staff members have powers to search school students and others (VCRA s.45, 46 and 47 & S550aa of the [[Education Act 1996]]). Senior police officers can authorise constables to stop and search persons in a specific area either where a serious public order problem is likely to arise, or look for offensive weapons or dangerous instruments (S60 [[Criminal Justice and Public Order Act 1994]]).


=== Other ===
The Crown Prosecution Service has published a summary of the laws regarding knives in England and Wales.<ref>{{cite web|url=http://www.cps.gov.uk/legal/l_to_o/offensive_weapons_knives_bladed_and_pointed_articles/index.html |title=The Crown Prosecution Service. Guidance re Offensive Weapons, Knives, Bladed and Pointed Articles |publisher=Cps.gov.uk |date= |accessdate=2012-05-22}}</ref>


Some other research indicates that gun levels do not affect the total number of homicides or the total number of suicides, but rather affect the share of homicides or suicides committed with guns.<ref>''Journal of Criminal Justice'' 43:30–38 (2015); Social Science Quarterly 110(3):936–950 (2019)</ref>
====Others====
The Firearms Act 1968 also forbids the use of "any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing" by the public. This, for example, covers [[pepper spray]], [[ammonia]], [[CS gas]], and electric shock armaments such as the [[Taser]] and [[Directed-energy weapon|Stun gun]].


Public-health critic, gun-rights proponent, and editor-in-chief of ''[[Surgical Neurology International]]'' [[Miguel Faria]] contended in 2012 that keeping and bearing arms not only has constitutional protection, but also that firearms have beneficial aspects that have been ignored by the public health establishment in which he played a part.<ref name="Faria" /> He also contended that guns are beneficial in self-defense, collective defense, and in protecting life and property.<ref name="Faria">{{cite journal |last1=Faria |first1=Miguel A. |title=America, guns, and freedom. Part I: A recapitulation of liberty |url=https://surgicalneurologyint.com/surgicalint-articles/america-guns-and-freedom-part-i-a-recapitulation-of-liberty/ |journal=Surgical Neurology International |year=2012 |volume=3 |pages=133 |publisher=Elsevier |doi=10.4103/2152-7806.102951 |pmid=23227438 |pmc=3513846 |access-date=17 April 2020 |doi-access=free }}</ref><ref name="Faria 2">{{cite journal |last1=Faria |first1=Miguel A. |title=America, guns and freedom: Part II – An international perspective |journal=Surgical Neurology International |year=2012 |volume=3 |pages=135 |publisher=Elsevier | issue=1| doi=10.4103/2152-7806.103542 |pmid=23227440 |pmc=3513850 |doi-access=free }}</ref>
==United States==
{{main|Right to keep and bear arms in the United States}}
{{Further|Firearm case law in the United States|Gun law in the United States|Gun laws in the United States (by state)}}


A 2012 study in the journal ''[[Annual Review of Public Health]]'' found that suicide rates are greater in households with firearms than those without them.<ref name="Miller 393–408">{{cite journal | vauthors = Miller M, Azrael D, Barber C | title = Suicide mortality in the United States: the importance of attending to method in understanding population-level disparities in the burden of suicide | journal = [[Annual Review of Public Health]] | volume = 33 | pages = 393–408 | date = April 2012 | pmid = 22224886 | doi = 10.1146/annurev-publhealth-031811-124636 | doi-access=free }}</ref>
In the United States, the right to keep and bear arms is codified in the [[Second Amendment to the United States Constitution]]. The text of the amendment reads:

{{quote|A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.<ref>Young, David E., The Founders' View of the Right to Bear Arms, p.222.</ref>}}

===English precedent===
The [[Second Amendment to the United States Constitution]] was heavily influenced by the English [[Bill of Rights 1689]], which restricted the right of the [[English Crown]] to interfere with the personal right to bear arms. The 1689 Bill of Rights restricted the right of the monarch to have a standing army and to interfere with the personal right to bear arms. It did not create a new right to have arms, but instead rescinded and deplored acts of the deposed King James II which extended the right to Catholics and Protestant dissenters in addition to upholding prior legislation that limited the ownership of arms to certain social classes. The English Bill of Rights firmly established that regulating the right to bear arms was one of the powers of Parliament, and did not belong to the monarch.<ref name="c21WillMarSess2">{{cite web|url=http://www.statutelaw.gov.uk/content.aspx?activeTextDocId=1518621|title=1688 c.2 1 Will. and Mar. Sess. 2|publisher=Statutelaw.gov.uk|accessdate=August 30, 2010}}</ref>

Sir [[William Blackstone]] wrote in the eighteenth century about the right to have arms being auxiliary to the "natural right of resistance and self-preservation", but conceded that the right was subject to their suitability and allowance by law.<ref>{{cite web|url=http://avalon.law.yale.edu/18th_century/blackstone_bk1ch1.asp |title=Blackstone's Commentaries on the Laws of England |publisher=Avalon.law.yale.edu |date= |accessdate=2012-05-22}}</ref>

==Yemen==
In [[Yemen]] firearms are both easily and legally accessible.<ref name="Yemeni gun market">[http://www.irinnews.org/Report/88094/YEMEN-Small-arms-sales-heading-underground Weapons in Yemen], Yemeni gun market.</ref><ref name="Yemeni gun laws">[http://www.gunpolicy.org/firearms/region/yemen], Gun policy in Yemen</ref>


==See also==
==See also==
<!-- See-also article "Gun politics" was moved/renamed 16 DEC 2013 to "List of gun laws and policies by country," and that was moved/renamed on 28 DEC 2013 to "Overview of gun laws by nation." Noting here because some editors, like me, have less-than-1-year editing on these pages and it's hard carrying the changes (December 2013 – January 2014) around in one's noggin. There was a little 3-editor discussion at the (currently) "Overview" talk page. -->
* [[Gun politics]]
* [[Gun politics in the United Kingdom]]
<!-- * [[Gun politics]] -->
* [[Gun politics in the United States]]
* [[Index of gun politics articles]]
* [[One handgun a month law]]
* [[List of countries by gun ownership]]
* [[Political arguments of gun politics in the United States]]
* [[Overview of gun laws by nation]]
* [[Right of self-defense]]
* [[Right of self-defense]]
* [[Uniform Firearms Act]]
* [[Knife legislation]]

==Notes==
{{reflist|group=lower-alpha}}


==References==
==Notes and references==
{{Reflist|30em}}
{{Reflist|30em}}


==Further reading==
==Further reading==
* {{cite book|last= Baker |first= Dennis |title= Collective Criminalization and the Constitutional Right to Endanger Others |journal= Criminal Justice Ethics |year= 2009 |url= http://www.tandf.co.uk/journals/rcre}}
* {{cite journal|last= Baker |first= Dennis |title= Collective Criminalization and the Constitutional Right to Endanger Others |journal= Criminal Justice Ethics |year= 2009 |volume= 28 |issue= 2 |pages= 168–200 |doi= 10.1080/07311290903181200 |s2cid= 144553546 |url= http://www.tandf.co.uk/journals/rcre}}
* {{cite book|last= Cramer |first= Clayton E. |title= For the Defense of Themselves and the State: The Original Intent and Judicial Interpretation of the Right to Keep and Bear Arms |publisher= Praeger Publishers |year= 1994 |isbn= 0-275-94913-3}}
* {{cite book |last=Cramer |first= Clayton E. |title= For the Defense of Themselves and the State: The Original Intent and Judicial Interpretation of the Right to Keep and Bear Arms |publisher= Praeger Publishers |year= 1994 |isbn= 0275949133 |url= https://archive.org/details/fordefenseofthem00cram }}
* {{cite book|last= Dizard |first= Jan E. |coauthors= Robert Merrill Muth, and Stephen P. Andres, Jr. |title= Guns in America: A Reader |publisher= New York University Press |year= 1999 |isbn= 0-8147-1878-7}}
* {{cite book |last1=Dizard |first1= Jan E. |last2= Muth |first2= Robert Merrill |last3= Andrews | first3= Stephen P. Jr. |title= Guns in America: A Reader |publisher= New York University Press |year= 1999 |isbn= 0814718787 |url-access= registration |url= https://archive.org/details/gunsina_xxx_1999_00_9977 }}
* {{cite book|last= Halbrook |first=Stephan P. |title= A Right to Bear Arms: State and Federal Bills of Rights and Constitutional Guarantees |publisher= Greenwood Press |year= 1989 |isbn= 0-313-26539-9}}
* {{cite book |last=Halbrook |first=Stephan P. |title= A Right to Bear Arms: State and Federal Bills of Rights and Constitutional Guarantees |publisher= Greenwood Press |year= 1989 |isbn= 0313265399}}
* {{cite encyclopedia |last= Lund|first=Nelson |author-link=|editor-first=Ronald |editor-last=Hamowy |editor-link=Ronald Hamowy |encyclopedia=The Encyclopedia of Libertarianism |chapter= Right to Bear Arms|chapter-url=https://sk.sagepub.com/reference/libertarianism/n269.xml|url= https://books.google.com/books?id=yxNgXs3TkJYC |year=2008 |publisher= [[SAGE Publishing|Sage]]; [[Cato Institute]] |location= Thousand Oaks, CA |doi= 10.4135/9781412965811.n269|isbn= 978-1412965804 |oclc=750831024| <!-- lccn = 2008009151 | -->pages=438–440}}
* {{cite book|last=Malcolm |first= Joyce |title= To Keep and Bear Arms: The Origins of an Anglo-American Right |publisher= Harvard University Press |year= 1996 |isbn= 978-0674893078}}
* {{cite book|last=Malcolm |first= Joyce |title= Guns and Violence: The English Experience |publisher= Harvard University Press |year= 2004 |isbn= 978-0674016088}}
* {{cite book |last=Malcolm |first=Joyce |title= To Keep and Bear Arms: The Origins of an Anglo-American Right |publisher= Harvard University Press |year= 1996 |isbn= 978-0674893078}}
* {{cite book|last= Spitzer |first= Robert J. |title= The Politics of Gun Control |publisher= Chatham House Publishers |year= 1998 |isbn= 1-56643-021-6}}
* {{cite book |last=Malcolm |first=Joyce |title= Guns and Violence: The English Experience |publisher= Harvard University Press |year= 2004 |isbn= 978-0674016088}}
* {{cite book |last= Uviller |first= H. Richard |coauthors= William G. Merkel |title= The Militia and the Right to Arms|publisher= [[Duke University Press]] |year= 2002 |isbn= 0-8223-3017-2}}
* {{cite book |last=Spitzer |first=Robert J. |title= The Politics of Gun Control |url= https://archive.org/details/politicsofguncon00spit |url-access= registration |publisher= Chatham House Publishers |year= 1998 |isbn= 1566430216}}
* {{cite book |last=Uviller |first=H. Richard |author2=William G. Merkel |title= The Militia and the Right to Arms|publisher= [[Duke University Press]] |year= 2002 |isbn= 0822330172}}


{{Particular human rights}}
{{Particular human rights|state=expanded}}
{{Firearms}}


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[[Category:Concepts in political philosophy]]

Latest revision as of 06:16, 26 December 2024

A woman trains real-life defensive gun use scenarios with live ammunition at a video shooting range in Prague, Czech Republic in 2018

The right to keep and bear arms (often referred to as the right to bear arms) is a legal right for people to possess weapons (arms) for the preservation of life, liberty, and property.[1] The purpose of gun rights is for self-defense, as well as hunting and sporting activities.[2]: 96 [3] Countries that guarantee a right to keep and bear arms include Albania, Czech Republic, Guatemala, Mexico, the Philippines, Switzerland, Ukraine, the United States and Yemen.

Background

[edit]

The Bill of Rights 1689 allowed Protestant citizens of England to "have Arms for their Defense suitable to their Conditions and as allowed by Law." This restricted the ability of the English Crown to have a standing army or to interfere with Protestants' right to bear arms "when Papists were both Armed and Imployed contrary to Law" and established that Parliament, not the Crown, could regulate the right to bear arms.[4][5]

Sir William Blackstone wrote in the 18th century that the right to have arms was auxiliary to the "natural right of resistance and self-preservation" subject to suitability and allowance by law.[6] The term arms, as used in the 1600s, refers to the process of equipping for war;[7] it is commonly used as a synonym for weapon.[8]

Inclusion of this right in a written constitution is uncommon. In 1875, 17 percent of national constitutions included a right to bear arms. Since the early twentieth century, "the proportion has been less than 9 percent and falling".[9] In an article titled "U.S. Gun Rights Truly Are American Exceptionalism," a historical survey and comparative analysis of constitutions dating back to 1789,[9] Tom Ginsburg and colleagues "identified only 15 constitutions (in nine countries) that had ever included an explicit right to bear arms. Almost all of these constitutions have been in Latin America, and most were from the 19th century".[10]

Countries recognizing the right to keep and bear arms

[edit]

North America

[edit]

Guatemala

[edit]

The right to own weapons for personal use, not prohibited by the law, in the place of inhabitation, is recognized. There will not be an obligation to hand them over, except in cases ordered by a competent judge.[11]

Article 38 of Guatemala Constitution

While protecting the right to keep arms, Guatemalan constitution specifies that this right extends only to "weapons not prohibited by law".

Honduras

[edit]

Every person, in the exercise of their civil rights, may request a maximum of five (5) license for the possession and carrying of up to five (5) firearms by submitting an application with the following information[12]

(...)
(1) Form with personal information and residence; (2) Brand, model, serial number, identification of modification of calibre, if any; as well as any other characteristics of the weapon; (3) Proof of having undertaken a ballistic test; (4) Payment of municipal matriculation and criminal background check; and, (5) Identification documents.
Article 27 of Decree No. 69-2007, Modifying the Act on the Control of Firearms, Ammunition, Explosives and Other Related Materials (Honduras)

The constitution of Honduras does not protect the right to keep and bear arms.

Although not explicitly mentioned in the legislation, every person is entitled to receive a license to keep and carry arms by Honduran Statute law, provided that they fulfill the conditions required by the law.[13]

Mexico

[edit]

The inhabitants of the United Mexican States have the right to possess arms within their domicile, for their safety and legitimate defense, except those forbidden by Federal Law and those reserved for the exclusive use of the Army, Militia, Air Force and National Guard. Federal law shall provide in what cases, conditions, under what requirements and in which places inhabitants shall be authorized to bear arms.[14]

Article 10 of Mexican Constitution

The Mexican constitution of 1857 first included the right to be armed. In its first version, the right was defined in similar terms as it is in the Second Amendment to the United States Constitution. A new Mexican constitution of 1917 revised the right, stating that its utilization must be in line with local police regulations.

Another change was included in 1917 Constitution. Since then, Mexicans have the right to be armed only within their home and further utilization of this right is subject to statutory authorization in Federal law.

United States

[edit]

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.[15]

In the United States, which has an English common law tradition, a longstanding common-law right to keep and bear arms was practiced prior to the creation of a written national constitution.[16] Today, this right is specifically protected by the United States Constitution and many state constitutions.[17]

Europe

[edit]

Czech Republic

[edit]

The right to acquire, keep and bear firearms is guaranteed under conditions set by this law.

Article 1 Subsection 1 of Czech Firearms Act

(1) Everyone has the right to life. Human life is worthy of protection even before birth.
(2) Nobody may be deprived of their life.
(3) The death penalty is prohibited.
(4) Deprivation of life is not inflicted in contravention of this Article if it occurs in connection with conduct which is not criminal under the law. The right to defend own life or life of another person also with arms is guaranteed under conditions set out in the law.[18]

Constitutional amendment of Czech Charter of Fundamental Rights and Freedoms passed in 2021. Most of the Article is preexisting, the last sentence in subsection 4 was newly added.

Historically, the Czech lands were at the forefront of the spreading of civilian firearms ownership.[19] In the 1420s and 1430s, firearms became indispensable tools for the mostly peasant Hussite armies whose amateur combatants, including women, fended off a series of invasions of professional crusader armies of well-armored warriors with cold weapons.[19] Throughout and after the Hussite wars, firearms' design underwent fast development and their possession by civilians became a matter of course.[19]

Their first firearms regulation was enacted in 1517 as a part of general accord between the nobles and burghers and later in 1524 as a standalone Enactment on Firearms (zřízení o ručnicích). The 1517 law explicitly stated that "all people of all standing have the right to keep firearms at home" while at the same time enacting a universal carry ban.[19] The 1524 enactment set out a process of issuing of permits for carrying of firearms and detailed enforcement and punishment for carrying without such a permit.[19] Carrying later became permitless again until 1852, when Imperial Regulation No. 223 reintroduced carry permits. This law remained in force until the 1939 German invasion.[19]

Since its inception during the Hussite revolution, the right to keep firearms endured over five-hundred years until the Nazi gun ban during the German occupation in the 20th century. Firearms possession later became severely restricted during the communist period. After the Velvet revolution, the Czech Republic instated a shall-issue permitting process, under which all residents can keep and bear arms subject to the fulfillment of regulatory conditions.[19]

In the Czech Republic, every resident that meets conditions laid down in Act No. 119/2002 Coll.[20] has the right to have a firearms license issued and can then obtain a firearm.[21][22] Holders of D (exercise of profession) and E (self-defense) licenses, which are also shall-issue, can carry up to two concealed firearms for protection.[23] The right to be armed is statutorily protected.

A proposal to have the right to keep and bear arms included in the constitution was entered in the Czech Parliament in December 2016.[24] The proposal was approved by vote of 139 to 9 on 28 June 2017 by the Chamber of Deputies. It later failed to reach necessary support in Senate, where only 28 out of 59 Senators present supported it (with constitutional majority being 36 votes).[25]

A new proposal was entered by 35 Senators in September 2019[26] and then approved on 21 July 2021, adding a new sentence, according to which "the right to defend one's own life or the life of another person even with the use of a weapon is guaranteed under the conditions set by the law."[27] The provision is interpreted as guaranteeing legal accessibility of arms in a way that must ensure possibility of effective self-defense[28] and as constitutional stipulation which underscores the individual right to be prepared with arms against an eventual attack, i.e. that courts cannot draw a negative inference from the fact that a defender had been preparing to avert a possible attack with use of weapons.[29]

Switzerland

[edit]

The right to acquire, keep and bear arms is guaranteed within boundaries of this law.

Article 3 of Swiss Firearms Act

The Swiss have a statutory right to bear arms under Article 3 of the 1997 Weapons Act.[30][a] Switzerland practices universal conscription, which requires that all able-bodied male citizens keep a firearm at home in case of a call-up. Each male between the ages of 20 and 34 is considered a candidate for conscription into the military, and following a brief period of active duty will commonly be enrolled in the militia until age or an inability to serve ends his obligation.[31] Until December 2009, these men were required to keep their government-issued selective fire combat rifles and semi-automatic handguns in their homes as long as they were enrolled in the armed forces.[32] Since January 2010, they have had the option of depositing their personal firearm at a government arsenal.[33] Until September 2007, soldiers received 50 rounds of government-issued ammunition in a sealed box for storage at home; after 2007 only about 2,000 specialist troops are allowed to keep the ammunition at home.[34]

In a referendum in February 2011, voters rejected a citizens' initiative that would have obliged members of the armed services to store their rifles and pistols on military compounds and required that privately owned firearms be registered.[35]

United Kingdom

[edit]

That the Subjects which are Protestants may have Arms for their Defence suitable to their Conditions and as allowed by Law.

Bill of Rights 1689

In the United Kingdom, there is no automatic right to bear arms,[36] although citizens may possess certain firearms on obtaining an appropriate licence.[37] Ordinary members of the public may own sporting rifles and shotguns, subject to licensing, while handguns, automatic, and centerfire semi-automatic weapons are illegal to possess without special additional conditions.[36][38] When not attended, all licensed firearms must be stored securely (locked) and separate from their ammunition. Regulations for airguns are less stringent and air pistols with a muzzle energy not exceeding 6 foot-pounds force (8.1 joules) and other airguns with a muzzle energy not exceeding 12 ft⋅lbf (16 J) do not require any certificates or licensing, although the same storage requirement applies. The first serious control on firearms was established with the passing of the Firearms Act 1920,[39] handgun restrictions being added in response to the 1996 Dunblane Massacre in which 18 people died.

Historically the English Bill of Rights 1689 allowed:

That the Subjects which are Protestants may have Arms for their Defence suitable to their Conditions and as allowed by Law.[40]

Since 1953, it has been a criminal offence in the United Kingdom to carry a knife (with the exception of non-locking folding knives with a cutting edge of 3 inches (7.62 centimetres) or less) or any "offensive weapon" in a public place without lawful authority (e.g. police or security forces) or reasonable excuse (e.g. tools that are needed for work). The cutting edge of a knife is separate to the blade length. The only manner in which an individual may carry arms is on private property or any property to which the public does not have a lawful right of access (e.g., a person's own home, private land, the area in a shop where the public have no access, etc.), as the law only creates the offence when it occurs in public.[41][42] Furthermore, Criminal Justice Act 1988 Section 141 specifically lists all offensive weapons that cannot technically be owned, even on private property, by way of making it illegal to sell, trade, hire, etc. an offensive weapon to another person.[43]

Furthermore, the law does not allow an offensive weapon or ordinary item intended or adapted as an offensive weapon to be carried in public before the threat of violence arises. This would only be acceptable in the eyes of the law if the person armed themselves immediately preceding or during an attack (in a public place). This is known as a "weapon of opportunity" or "instantaneous arming".[42]

Other

[edit]

Sharia law

[edit]

Under Sharia law, there is an intrinsic freedom to own arms. However, in times of civil strife or internal violence, this right can be temporarily suspended to keep peace and prevent harm, as mentioned by Imam ash-Shatibi in his works on Maqasid ash-Shari'ah (The Intents and Purposes of Shari'ah).[44][45] Citizens not practicing Islam are prohibited from bearing arms and are required to be protected by the military, the state for which they pay the jizyah. In exchange they do not need to pay the zakat.[46][47][48][49]

Yemen

[edit]

The citizens of the Republic shall have the right to hold the necessary rifles, machine guns, revolvers, and hunting rifles for their personal use with an amount of ammunition for the purpose of legitimate defense.[50]

Law Regulating Carrying Firearms, Ammunition & their Trade

Yemen recognizes statutory right to keep and bear arms. Firearms are both easily and legally accessible.[51][52]

Gun violence and the politics of the right to bear arms

[edit]
Gun-related homicide and suicide rates in high-income OECD countries, 2010, countries in graph ordered by total death rates (homicide plus suicide plus other gun-related deaths)[53]
Multiple studies show that where people have easy access to firearms, gun-related deaths tend to be more frequent, including by suicide, homicide, and unintentional injuries.[54]

Legal restrictions on the right to keep and bear arms are usually put in place by legislators in an attempt to reduce firearm-based violence and crime.[55][56][57] Their actions may be the result of political groups advocating for such regulations. The Brady Campaign, Snowdrop Campaign, and the Million Mom March are examples of campaigns calling for tighter restrictions on the right to keep and bear arms. Accident statistics can be hard to obtain, but much data is available on the issue of gun ownership and gun related deaths.

United Nations Interregional Crime and Justice Research Institute

[edit]

The United Nations Interregional Crime and Justice Research Institute (UNICRI) has made comparisons between countries with different levels of gun ownership and investigated the correlation between gun ownership levels and gun homicides, and between gun ownership levels and gun suicides. A "substantial correlation" is seen in both:[58]

During the 1989 and 1992 International Crime Surveys, data on gun ownership in eighteen countries have been collected on which WHO data on suicide and homicide committed with guns and other means are also available. The results presented in a previous paper based on the fourteen countries surveyed during the first ICS and on rank correlations (Spearman's rho), suggested that gun ownership may increase suicides and homicides using firearms, while it may not reduce suicides and homicides with other means. In the present analysis, four additional countries covered by the 1992 ICS only have been included, and Pearson's correlation coefficients have been used. The results confirm those presented in the previous study.

— Martin Killias, Understanding Crime, Experiences of Crime and Crime Control – Acts of the International Conference[59]

UNICRI also investigated the relationship between gun ownership levels and other forms of homicide or suicide to determine whether high levels of gun ownership added to or merely displaced other forms of homicide or suicide. They reported that "widespread gun ownership has not been found to reduce the likelihood of fatal events committed with other means. Thus, people do not turn to knives and other potentially lethal instruments less often when more guns are available, but more guns usually means more victims of suicide and homicide." The researchers concluded that "all we know is that guns do not reduce fatal events due to other means, but that they go along with more shootings. Although we do not know why exactly this is so, we have a good reason to suspect guns to play a fatal role in this".[58]

This research found that guns were the major cause of homicides in three of the fourteen countries it studied: Northern Ireland, Italy, and the United States.[58] Although some data indicates that reducing the availability of one significant type of arms—firearms—leads to reductions both in gun crimes and gun suicides and moderate reductions in overall crimes and overall suicides, the author did caution that "reducing the number of guns in the hands of the private citizen may become a hopeless task beyond a certain point," citing the American example where gun laws remain a subject of heated debate (see also Gun politics in the United States).[58]

A posterior study by UNICRI researchers from 2001 examined the link between household gun ownership and overall homicide, overall suicide, as well as gun homicide and gun suicide rates amongst 21 countries. The researchers declared "The results show very strong correlations between the presence of guns in the home and suicide committed with a gun, rates of gun-related homicide involving female victims, and gun-related assault."[60] There were no significant correlations detected for total homicide and suicide rates, as well as gun homicide rates involving male victims.[60]

Other

[edit]

Some other research indicates that gun levels do not affect the total number of homicides or the total number of suicides, but rather affect the share of homicides or suicides committed with guns.[61]

Public-health critic, gun-rights proponent, and editor-in-chief of Surgical Neurology International Miguel Faria contended in 2012 that keeping and bearing arms not only has constitutional protection, but also that firearms have beneficial aspects that have been ignored by the public health establishment in which he played a part.[62] He also contended that guns are beneficial in self-defense, collective defense, and in protecting life and property.[62][63]

A 2012 study in the journal Annual Review of Public Health found that suicide rates are greater in households with firearms than those without them.[64]

See also

[edit]

Notes

[edit]
  1. ^ "Art. 3 Recht auf Waffenerwerb, Waffenbesitz und Waffentragen: Das Recht auf Waffenerwerb, Waffenbesitz und Waffentragen ist im Rahmen dieses Gesetzes gewährleistet." (The right to acquire, possess and carry arms is guaranteed in the framework of this law.)

References

[edit]
  1. ^ Halbrook, Stephen P. (1994). That Every Man Be Armed: The Evolution of a Constitutional Right (Independent Studies in Political Economy). Oakland, CA: The Independent Institute. p. 8. ISBN 0945999380. OCLC 30659789.
  2. ^ Levan, Kristine (2013). "4 Guns and Crime: Crime Facilitation Versus Crime Prevention". In Mackey, David A.; Levan, Kristine (eds.). Crime Prevention. Jones & Bartlett. p. 438. ISBN 978-1449615932. They [the NRA] promote the use of firearms for self-defense, hunting, and sporting activities, and also promote firearm safety.
  3. ^ Larry Pratt. "Firearms: the People's Liberty Teeth". Retrieved December 30, 2008.
  4. ^ "1688 c.2 1 Will. and Mar. Sess. 2". The National Archives (UK). Retrieved July 2, 2014.
  5. ^ "BBC: Bill of Rights Act, 1689 – The Glorious Revolution". bbc.co.uk. BBC. 2002. Archived from the original on July 14, 2014. Retrieved July 2, 2014.
  6. ^ "Blackstone's Commentaries on the Laws of England". Avalon.law.yale.edu. Retrieved 2012-05-22.
  7. ^ Harper, Douglas. "arm (n.)". Online Etymology Dictionary. Douglas Harper. Retrieved 12 March 2015.
  8. ^ "Arm". Thefreedictionary.com. Retrieved 12 March 2015.
  9. ^ a b Ginsburg, Tom; Elkins, Zachary; Melton, James (7 March 2013). "U.S. Gun Rights Are Truly American Exceptionalism". Bloomberg. Retrieved 25 March 2016.
  10. ^ Elkins, Zachary (4 April 2013). "Rewrite the Second Amendment". New York Times. Retrieved 29 March 2016.
  11. ^ Pasley, Brennan Weiss, James. "Only 3 countries in the world protect the right to bear arms in their constitutions: the US, Mexico, and Guatemala". Business Insider.{{cite web}}: CS1 maint: multiple names: authors list (link)
  12. ^ "Licences to Possess and Carry Firearms (Licencias para la Tenencia y Portación de Armas de Fuego)". www.gunpolicy.org.
  13. ^ "Guns in Honduras – Firearms, gun law and gun control". www.gunpolicy.org. Retrieved 2019-08-23.
  14. ^ "Mexican Constitution (As amended)" (PDF). pp. Article 10.
  15. ^ "U.S. Senate: Constitution of the United States". www.cop.senate.gov. Retrieved 2021-12-30.
  16. ^ McAffee, Thomas B.; Quinlan, Michael J. (1997). "Bringing Forward The Right To Keep And Bear Arms: Do Text, History, or Precedent Stand In The Way?". Scholarly Works. Paper 512.
  17. ^ Volokh, Eugene (2008). "State Constitutional Right to Keep and Bear Arms Provisions". law.ucla.edu.
  18. ^ 35 Members of the Senate of the Parliament of the Czech Republic (2019), Proposal of amendment of Charter of Fundamental Rights and Freedoms (in Czech), Prague, retrieved 29 September 2017{{citation}}: CS1 maint: location missing publisher (link) CS1 maint: numeric names: authors list (link)
  19. ^ a b c d e f g Gawron, Tomáš (November 2019). "Historie civilního držení zbraní: Zřízení o ručnicích – česká zbraňová legislativa v roce 1524 [History of civilian firearms possession: Enactment on Firearms – Czech firearms legislation in 1524]". zbrojnice.com (in Czech). Retrieved 1 November 2019.
  20. ^ Parliament of the Czech Republic (2002), Act No. 119/2002 Coll., on Firearms and Ammunition (in Czech), Prague{{citation}}: CS1 maint: location missing publisher (link)
  21. ^ Firearms Act, Section 8
  22. ^ Firearms Act, Section 16(1)
  23. ^ Firearms Act, Section 28(3)(B), 28(4)(C)
  24. ^ Ministry of Interior (2016), Proposal of amendment of constitutional act no. 110/1998 Col., on Security of the Czech Republic (in Czech), Prague, retrieved 16 December 2016{{citation}}: CS1 maint: location missing publisher (link)
  25. ^ Právo nosit zbraň pro zajištění bezpečnosti Česka Senát neschválil [The Senate didn't adopt the right to carry a firearm for the purpose of protection of the Czech Republic] (in Czech), 2017, retrieved 6 December 2017
  26. ^ Senate of the Czech Republic (2020), Detail historie tisku č. 135 [Detailed history of proposal No. 135] (in Czech), Prague: Senate of the Czech Republic, retrieved 17 August 2020
  27. ^ "The right to bear arms in self-defense is embedded in the Czech constitution". www.expats.cz. 2021-07-21. Retrieved 2021-07-22.
  28. ^ Bartošek, Jan; Bačkovská, Milena (2021). Zbraně a střelivo. Praha: C. H. Beck. p. 209. ISBN 978-80-7400-843-6.
  29. ^ Gawron, Tomáš (2023). Nutná obrana v právní praxi. Brno: Václav Klemm. p. 30. ISBN 978-80-87713-23-5.
  30. ^ "SR 514.54 Bundesgesetz über Waffen, Waffenzubehör und Munition (Waffengesetz WG)" (official site) (in German, Italian, and French). Berne, Switzerland: The Swiss Federal Council. 1 July 2016. Retrieved 2015-06-10.
  31. ^ The Swiss Army at Europeforvisitors.com.
  32. ^ Lott, John R. (October 2, 2003). "Swiss Miss". National Review. Retrieved March 17, 2010.
  33. ^ "Hinterlegung der persönlichen Waffe". Logistikbasis der Armee, Eidgenössisches Departement für Verteidigung, Bevölkerungsschutz und Sport. Retrieved 4 May 2013.
  34. ^ "Soldiers can keep guns at home but not ammo". Swissinfo. 27 September 2007.
  35. ^ "Switzerland rejects tighter gun controls". BBC News Online. 13 February 2011.
  36. ^ a b Alpers, Philip; Wilson, Marcus; Rossetti, Amélie; Salinas, Daniel (2015-04-29). "United Kingdom – Gun Facts, Figures and the Law – Gun regulation, Right to Possess Firearms". Sydney School of Public Health, The University of Sydney. Retrieved 2015-05-13.
  37. ^ "Guide on Firearms Licensing Law" (PDF). www.gov.uk. April 2016.
  38. ^ Kopel, David (1995). "It isn't about duck hunting: The British origins of the right to arms". Michigan Law Review. 93 (6). Michigan Law Review Association: 1333–1362. doi:10.2307/1289883. JSTOR 1289883. Retrieved 7 April 2013.
  39. ^ John Pate (1903-08-11). "Dunblane Massacre Resource Page – Pistols Act, 1903". Dvc.org.uk. Retrieved 2012-05-22.
  40. ^ "Bill of Rights [1688]". www.legislation.gov.uk.
  41. ^ "Prevention of Crime Act 1953". www.legislation.gov.uk. Retrieved 2019-08-23.
  42. ^ a b "Offensive Weapons, Knives, Bladed and Pointed Articles | The Crown Prosecution Service". www.cps.gov.uk. Retrieved 2019-08-23.
  43. ^ "Criminal Justice Act 1988". www.legislation.gov.uk. Retrieved 2019-08-23.
  44. ^ Aḥmad Raysūnī (2005). Imam Al-Shatibi's Theory of the Higher Objectives and Intents of Islamic Law. International Institute of Islamic Thought (IIIT). p. 60. ISBN 978-1565644120. Retrieved October 13, 2012.
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Further reading

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