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A gun law is a law that pertains to firearms. Restrictions on gun ownership and use vary greatly both by country and the type of firearm used.
The issue of gun law has become a political and/or controversial issue in many societies. There are many differing views on how gun laws should be set up in a society. A typical disagreement is over whether guns should be prohibited in the interest of public safety, or whether citizen gun ownership improves safety and should be allowed. This debate is fueled by black market sales of firearms, illegal firearm manufacturing, cross border purchases, self defense as a right, use of deadly force in self defense, victims rights, accidental shootings, hunting vs. self defense use, alternatives to firearms, etc.
Gun politics in Canada is controversial, though less contentious than it is in the United States. Civilian firearm owners in Canada mainly consist of citizens who want to keep their right to hunt for sport and subsistence, which is important for many aboriginal peoples, as well as target shooting sports and collectors. The Firearms Act of 1995 does not recognise self-defense as a valid reason to acquire a firearm in Canada, though the Criminal Code allows reasonable use of force in self-defence. So, though guns can't be purchased for self-defense, they can be used for as much in select cases.
Chinese citizens can't purchase any kind of firearms. This ban includes air rifles and BB guns.[1]
In France, the Declaration of the Rights of Man and of the Citizen and the abolition of the privileges after the french revolution guarantee the right for all French citizens to possess firearms. But several recent laws considerably limit this right. Currently, full automatic weapons are banned and to bear weapons is prohibited. Firearms are identified by gauges and classified in different complex categories (Principally, military, civil and hunting weapons). For example, according to French legislation, 9mm is a military gauge, .357 Magnum is a civil gauge and .22LR is a hunting gauge. In France, there are legally 762,331 military and civil weapons and 2,039,726 hunting weapons.
Irish firearms law is based on several Firearms Acts, each of which amends those Acts which were issued previously. The initial Firearms (Temporary Provisions) Act, 1924[2] which was introduced as emergency legislation following the founding of the state, was replaced by the Firearms Act, 1925,[3] which laid the foundations of the system of licencing that has continued unaltered until quite recently. Relatively small modifications were introduced in the Firearms Act, 1964,[4] the Firearms (Proofing) Act, 1968,[5] the Firearms Act, 1971,[6] the Firearms and Offensive Weapons Act, 1990,[7] the Firearms (Temporary Provisions) Act, 1998[8] and the Firearms (Firearm Certificates For Non-Residents) Act, 2000.[9] By 2006, such was the confusion from these multiple Acts, each amending the others (and not all of which were ever actually commenced and thus were in the public record but not enforced as actual legislation); and the amendments of Irish firearms legislation by other Acts ranging from the Wildlife Acts (mostly relating to hunting law) to the Road Traffic Acts (relating to how and where firearms could be transported) and others; the large amount of secondary legislation (Statutory Instruments, which set out regulations, the design of application forms for licences and so forth, as well as the details of when various parts of the Acts came into force); as well as the introduction of EU firearms law into the canon of Irish legislation; led the Irish Law Reform Commission to recommend that all the extant legislation be restated[10] a legal process by which all the existing primary and secondary legislation would be read as one and a single document produced as the new Firearms Act (and all prior Acts would be repealed).
2006, however, saw the introduction instead of the Criminal Justice Act 2006,[11] which controversially contained an enormous rewrite of the Firearms Act, virtually rewriting 80% of the Act completely. It was quickly followed by the Criminal Justice Act 2007[12] and the Criminal Justice (Miscellaneous Provisions) Act 2009,[13] each of which amended all the preceding Firearms Acts. As of today, the Law Reform Commission recommendation still stands and has not as yet been acted upon; the Firearms Act consists of the initial 1925 Act amended by approximately eighteen separate Acts and is well understood by only a handful of those directly involved in its drafting, amendment or usage. Extensive complaints have arisen over the application of the legislation, with over 180 judicial review cases currently in the High Court and over seventy already successfully prosecuted in the High Court by firearms owners.
Three of the 180 cases are currently been taken as "test cases" by the Department of Justice and policy with regard to firearms licences will be determined based on the outcome of these cases, according to the Ministerial Briefing document[14] for the newly elected Minister for Justice, Alan Shatter.
1972 Temporary Custody Order and Pistols in Irish firearms law
One of the most controversial events in the history of the Firearms Acts occurred in 1972. The "Troubles" in Northern Ireland (1970–1998) were becoming a security concern for the Irish Government at the time, and in 1972 a Temporary Custody Order (S.I. No. 187/1972 – Firearms (Temporary Custody) Order, 1972)[15] was issued for all all privately-held pistols and all rifles over .22 calibre to be surrendered to local Garda (police) stations by 5 August 1972, for a period of one month. This order was complied with, but when firearms owners returned to reclaim their firearms, they were informed that their licences had expired while their firearms were in custody (Irish firearms licences until 2008 were issued for a period of one year, and all licences were usually dealt with at the same time, usually at the start of August, though the date has changed over the years). Since the firearms were no longer licenced, they could not be returned until a new licence was issued; upon seeking a renewal of their licences, applicants were informed that a new Garda policy was in place that would refuse licence applications for all pistols and all firearms over .22 in calibre. As such, the firearms in Garda custody remained in Garda custody.
This situation continued until the late 1990s, when fullbore rifles of calibres up to .270 Winchester were permitted to be licenced for the purposes of deer hunting on humane grounds (prior to this, only the .22–250 cartridge was available for deer hunting and it was felt to be only barely capable of this task). All other firearms held in custody remained there however, until the repeal of the Garda policy following a high court case taken by an Irish shooter (Frank Brophy) to obtain a licence for an Olympic target shooting pistol[16] succeeded and the licence was granted. Following this, firearms held in storage by the Gardai were reclaimed by those owners still alive or their descendants. As these pistols were never formally confiscated (and some were sold off by their owners and removed from Garda custody in that manner), no compensation was claimable by the owners.
Following the Brophy case, some 300 pistols were licenced in Ireland, ranging from new Olympic air pistols (which are firearms under Irish law) to reclaimed pre-1972 pistols to new centerfire pistols. While welcomed by the target shooting community, in 2008 opposition deputies Jim Deasy and Olivia Mitchell campaigned to ban these pistols on the grounds that they could be used in crime. Despite multiple parliamentary questions from as early as 2005,[17][18][19][20][21] where it was stated that there was no proof that this was happening, Minister Ahern announced a ban on all handguns in November 2008.[22]
This ban was fought by the various governing bodies of shooting sports in Ireland, with the end result as of 2011 that air and smallbore pistols may still be licenced in Ireland, but all centerfire pistols not licenced prior to 17 November 2008 cannot be licenced.
The Firearms Consultation Panel
Following the introduction of the Criminal Justice Act 2006[11] and its extensive and complex rewriting of the Firearms Act, the Minister for Justice at the time (Micheal McDowell) instituted the Firearms Consultation Panel, a panel chaired by the Minster through the Principal Officer of the Department of Justice's Firearms Section, which comprised representatives from the Gardai, Department of Sport, firearms dealers, all the national governing bodies of the shooting sports, and other stakeholders in the Firearms Act (such as insurance providers). This panel met from 2006 through 2011 to attempt to implement the changes in the 2006 Act(and later the 2007 and 2009 Acts) where possible, and to attempt to alter the Acts where they were unworkable by providing expert advice to the Department in the drafting of new legislation amendments. With the election of a new Minister, the FCP is in the process of being wound down, despite campaigning to extend its terms of reference to make it a permanent advisory panel.
The Irish Firearms Licence
Firearms in Ireland are licenced on a per-firearms basis (i.e. one licence per firearm rather than one licence per shooter), with each licence lasting for three years from the date the licence is issued. The licence fee for each firearm is €80. Applications for a firearms licence require the user to permit the Gardai to access their medical records, provide two character references, be a member of an approved target shooting club if the licence is for target shooting, install secure storage for the firearm (to the standard specified in the Regulations 2009)[23] and allow that storage to be inspected by the Gardai.
Various guides have been written for those seeking licences on the application process:
Italian citizens don't have a constitutional right to keep and bear arms, but different types of licenses can be obtained by the local police authorities. The applicant must be 18 or older, prove he or she can handle and use a firearm safely, must provide a clean criminal record and must not be mentally ill or be a known abuser of, or addicted to, alcohol or illegal drugs.
Japan prohibits gun possession by citizens except for shotguns and single-shot rifles for hunting or sports. Semiautomatic and full automatic weapons are restricted to military and police. Gun owners must take a class once a year and pass a written test. Police check on the owner once every three months on an unannounced visit. They inspect the gun locker, proper ammunition storage, and the firearm. There are strict laws against owning swords unless they are traditionally hand made Japanese Katanas and a license must be obtained, it is usually illegal to carry any sword or knife in public (unless transporting legitimately).
Even though Article 10 of the Mexican Constitution declares the right to bear arms, it is currently illegal in Mexico for any civilian to own a firearm of any caliber used, tested, or currently in use by the Mexican Government or Military.
Generally, citizens are restricted by law to:
Handguns in calibers bigger than those mentioned above are forbidden from private ownership.
Examples of firearms that are legal for citizens to own include .380 ACP pistols, .38 Special revolvers, 12 gauge shotguns (no short-barreled shotguns are allowed) and rifles in any caliber with exceptions such as .30 Carbine, 7mm and 7.62 mm Carbines.
Permits for the transportation and use of such non-military caliber firearms are issued for one year terms by SEDENA (Secretaría de la Defensa Nacional) and may be applied for up to 10 firearms, total, for each designated and planned use that is legally authorized. These uses may include hunting or shooting at a club or national competition. Permits are very easy to obtain, but may be only obtained by citizens belonging to a shooting club.
There is only one legally authorized retail outlet in Mexico City: UCAM (Unidad de Comercialización de Armamento y Municiones), run by the Army and able to sell firearms. It is owned by, and is part of, the government. Although there is no legal limit on how many firearms an individual can own, UCAM sells one hand gun for home protection and nine more for shooting and/or hunting. Once any individual has purchased ten firearms from the only retail governmental outlet, he cannot get a permit to buy any more. However, private party sales are legal and are largely uncontrolled, and wealthy gun-collecting citizens thus can legally buy more firearms from other private owners.
Collector permits, somewhat analogous to the FFL Category 03 Curio & Relic permits issued in the United States, are easy to obtain from the Mexican Government and allow the ownership of a wide range of firearms, even including military firearms. For those holding collector permits, regular visits by the local military authority to inspect the storage location to make sure it has the necessary security measures to avoid the guns being stolen are a recurring fact of life.
CCW licenses are issued but are hard to obtain for anyone not wealthy and without political connections. In the event that an application is denied, the denial may theoretically be appealed at a District Court, but this never occurs in practice. Prior to 2002, CCW licenses could be obtained authorizing military caliber pistols. However, these CCW licenses were all cancelled, and re-issued to authorize only up to .380 ACP caliber pistols.
Transportation licenses are required for transporting guns. Transportation must be with the firearm unloaded and in a case. There are no public shooting ranges such as in the U.S. and other countries.
Dutch gun law is typical of the Western European approach. Firearm possession is not subject to any constitutional protections, but regulated simply in the Arms and Ammunition Act (Wet Wapens en Munitie). Weapons, including firearms, are divided into four categories, and for each of the categories a certain maximum punishment is set for "voorhanden hebben" (possession), and "dragen" (carrying in public).
Only citizens who are hunters, members of shooting sports clubs or legitimate collectors may obtain licenses for firearms. In the case of shooting club members they will get a license for category III weapons (a firearms category which includes all non- full automatic firearms up to .50 cal.). Possession is generally limited to 5 firearms per license. Collectors may obtain a license for any category of firearm, including full automatic arms, but stringent rules apply to achieving collector status. There is no limit to the number of firearms a collector may obtain. Generally the collector license does not cover shooting these weapons.
Sale/Use is only for those age 18 or over. There are a few dozen gunshops in the Netherlands. Gun ownership is extremely low with only three firearms per hundred people.
Antique firearms are exempt from regulation, antique generally meaning all pre 1945 original muzzle loading firearms or firearms designed for black powder cartridges over .22 caliber, NOT being revolvers.
Firearm possession and use by the military and the police is not subject to Arms and Ammunition Act, but regulated separately.[28]
New Zealand gun law is covered by the Arms Act 1983 and the Arms Regulations 1992. To own a firearm, a person must obtain a firearms license. These are issued by the police and enable holders to own and use sporting rifles, shotguns and ammunition. To obtain a license, applicants must pass a test on 'safe and responsible firearms use, ownership, and storage'. They must also be a 'fit and proper person' to hold a license, based on a background check, and the license may be revoked for a variety of reasons. A special license is required by dealers, collectors, pistol club members, and owners of certain semi-automatic firearms. Less than 3% of all firearms owners have such endorsements and they must comply with much more stringent conditions than sporting firearms license holders. When not in use firearms must be locked in a secure rack and cabinet.[29]
Gun culture in Pakistan refers to the long-standing tradition of owning and carrying guns among most people in Pakistan. The gun culture is linked to the "twin pillars of Pathan tribal society," melmastia—hospitality and badal—revenge. One of the centers of gun-manufacturing is the town of Darra Adam Khel, near Peshawar, which was historically known for manufacturing the Lee Enfield .303. However, the town now produces ordnance, including the AK-47, the mini-Kalashnikov, and hand-held firearms.
The North West Frontier Province (NWFP) is the smallest province of Pakistan with rugged and hilly terrain. Pashtun tribal feuds are common and guns are used both for protection and self-defense.
In the rural society Swat, the gun culture arose in part out of the traditional antagonism between a man and his tarbur (father's brother's son). According to Charles Lindholm: “The pervasive hostility between the sons of brothers led to the development of a network of alliances within every village that divided it across lineages into two approximately equal parties, called dulla. Every man belonged to the dulla opposite that of his tarbur. This division ramified throughout the (Swat) valley, so that all of the nearly one million inhabitants visualized themselves as members of one of two eternally warring parties. ”
Old customs and cultural norms also promote the gun culture. In NWFP, where the strong and tough Pashtuns reside, carrying a gun or a Kalashnikov is a sign of honour and respect. A gun is also considered to be the jewel of a man in N.W.F.P., thus the social necessity emerging as an intimidating component of provincial culture.
Pakistani citizens and special category of foreigners can legally own firearms. A license is required to purchase a firearm, which involves payment of fees, a processing time ranging from a few days to months, and registration of the firearm with the local authorities. Present laws allow ownership of handguns of any caliber (at one time this was restricted up to the .38). However, rifles above the .22 caliber are prohibited (excluding those bought before this restriction was imposed). Shotguns below 12 gauge are not allowed. A person may keep a firearm at his/her place of residence, in one's vehicle and concealed on person; public display is prohibited (though this law is honored more in the breach than in the observance, especially outside urban areas and in particular by private bodyguards of politicians). Special permits are required for carrying firearms during times when local authorities impose restriction on public gatherings to preempt civil unrest or protests that can turn ugly. In large cities, facilities exist for gun enthusiasts to practice shooting on targets, etc.
According to Russia's gun laws, Russian citizens can buy smoothbore shotguns, such as, for example Saiga 12, gas pistols, or revolvers shooting rubber bullets. Safe use of one of the above weapons for five years allows purchase of a rifle or carbine.[30]
In Moscow alone, some 400,000 people legally keep 470,000 weapons.[30]
Citizens in Singapore must obtain a license to lawfully possess firearms and/or ammunition; applicants must provide justification for the license, such as target shooting or self-defense. Target shooting licenses permit ownership of a gun, stored in an approved and protected firing range. Self-defense permits are nearly never granted, unless one can justify the 'imminent threat to life that cannot be reasonably removed'. Citizens are not allowed to possess pistols over .32 caliber, or automatic weapons.[31][32]
In the U.S., most federal gun laws are spelled out in one of the following:
In addition to federal gun laws, most states and some local jurisdictions have imposed their own firearms restrictions. The 'right to keep and bear arms' is a feature of the Second Amendment to the United States Constitution, and by international standards there are few restrictions on possession of firearms.
In Richard North Patterson's novel Balance of Power the storyline is set around the issue of guns as the President of the United States tries to ban guns.