Wikipedia

Right to keep and bear arms

(Redirected fromGun rights)
"Bear arms" and "Right to bear arms" redirect here. For other uses, seeBear arms (disambiguation).
"Pro gun" redirects here. For the firearms advocacy group in the Philippines, seePROGUN.

Theright to keep and bear arms(often referred to as theright to bear arms) is a legal right for people to possessweapons(arms) for the preservation of life, liberty, and property.[1]The purpose of gun rights is forself-defense,as well ashuntingandsporting activities.[2]: 96 [3]Countries that guarantee a right to keep and bear arms includeAlbania,Czech Republic,Guatemala,Ukraine,Mexico,theUnited States,thePhilippines,Yemen,andSwitzerland.

A woman trains real-lifedefensive gun usescenarios with live ammunition at a video shooting range in Prague, Czech Republic.

Background

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TheBill of Rights 1689allowedProtestantcitizens ofEnglandto "have Arms for their Defense suitable to their Conditions and as allowed by Law." This restricted the ability of theEnglish Crownto have astanding armyor 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]

SirWilliam Blackstonewrote 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 termarms,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 AreAmerican Exceptionalism,"a historical survey and comparative analysis of constitutions dating back to 1789,[9]Tom Ginsburgand 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

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North America

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Guatemala

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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
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".

Honduras

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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 ofHondurasdoes 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

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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]

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 Mexicanconstitution of 1917revised 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 tostatutory authorization in Federal law.

United States

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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]

Main article:Right to keep and bear arms in the United States
Further information:Second Amendment to the United States Constitution

In theUnited States,which has an Englishcommon lawtradition, 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 theUnited States Constitutionand manystate constitutions.[17]

Europe

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Czech Republic

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

Article 1 Subsection 1 ofCzech 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 CzechCharter of Fundamental Rights and Freedomspassed in 2021. Most of the Article is preexisting, the last sentence in subsection 4 was newly added.
Main article:Gun laws in the Czech Republic
Further information:History of Czech civilian firearms possession

Historically, theCzech landswere at the forefront of the spreading of civilian firearms ownership.[19]In the 1420s and 1430s, firearms became indispensable tools for the mostly peasantHussite armieswhose 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 andburghersand 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 the1939 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 theGerman occupationin the 20th century. Firearms possession later became subject to several legal conditions during thecommunist period.After theVelvet 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 ofD(exercise of profession) andE(self-defense) licenses, which are alsoshall-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

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

Article 3 of Swiss Firearms Act
Further information:Gun laws in Switzerland

The Swiss have a statutory right to bear arms under Article 3 of the 1997 Weapons Act.[30][a]Switzerlandpracticesuniversal 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 themilitiauntil age or an inability to serve ends his obligation.[31]Until December 2009, these men were required to keep their government-issuedselective firecombat 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]

Ina 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

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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
See also:Firearms policy in the United Kingdom
See also:Self-defence in English law
See also:Offensive weapon § UK

In theUnited 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, whilehandguns,automatic,andcenterfiresemi-automaticweapons 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 airgunsare 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 theFirearms Act 1920,[39]handgun restrictions being added in response to the 1996Dunblane Massacrein which 18 people died.

Historically the EnglishBill of Rights 1689allowed:

That the Subjects which areProtestantsmay 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 1988Section 141 specifically lists alloffensive weaponsthat 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

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Sharia law

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UnderSharia 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 thejizyah.In exchange they do not need to pay thezakat.[46][47][48][49]

Yemen

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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
Main article:Gun law in Yemen

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

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Gun-related homicide and suicide rates in high-incomeOECDcountries, 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 reducefirearm-based violenceand crime.[55][56][57]Their actions may be the result of political groups advocating for such regulations. TheBrady Campaign,Snowdrop Campaign,and theMillion Mom Marchare 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

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TheUnited 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 theAmerican example where gun laws remain a subject of heated debate(see alsoGun 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

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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 ofSurgical Neurology InternationalMiguel Fariacontended 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 journalAnnual Review of Public Healthfound that suicide rates are greater in households with firearms than those without them.[64]

See also

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Notes

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  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

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  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.ISBN0945999380.OCLC30659789.
  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.ISBN978-1449615932.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".RetrievedDecember 30,2008.
  4. ^"1688 c.2 1 Will. and Mar. Sess. 2".The National Archives (UK).RetrievedJuly 2,2014.
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  10. ^Elkins, Zachary (4 April 2013)."Rewrite the Second Amendment".New York Times.Retrieved29 March2016.
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  12. ^"Licences to Possess and Carry Firearms (Licencias para la Tenencia y Portación de Armas de Fuego)".www.gunpolicy.org.
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  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,retrieved29 September2017{{citation}}:CS1 maint: location missing publisher (link) CS1 maint: numeric names: authors list (link)
  19. ^abcdefgGawron, 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).Retrieved1 November2019.
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  21. ^Firearms Act, Section 8
  22. ^Firearms Act, Section 16(1)
  23. ^Firearms Act, Section 28(3)(B), 28(4)(C)
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  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,retrieved6 December2017
  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,retrieved17 August2020
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  37. ^"Guide on Firearms Licensing Law"(PDF).www.gov.uk.April 2016.
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  39. ^John Pate (1903-08-11)."Dunblane Massacre Resource Page – Pistols Act, 1903".Dvc.org.uk.Retrieved2012-05-22.
  40. ^"Bill of Rights [1688]".www.legislation.gov.uk.
  41. ^"Prevention of Crime Act 1953".www.legislation.gov.uk.Retrieved2019-08-23.
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  43. ^"Criminal Justice Act 1988".www.legislation.gov.uk.Retrieved2019-08-23.
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  45. ^"Purpose of Law"(Book).Imam Al-Shatibi's Theory of the Higher Objectives and Intents of Islamic Law (Paperback).
  46. ^Goldschmidt, Arthur; Goldscmidt Jr., Arthur (2002).A concise history of the Middle East.Boulder, Colo: Westview Press. p.108.ISBN0813338859.
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  49. ^"تکیه بر سلاح؛ ضرورت استفاده از سلاح توسط خطیب جمعه +فیلم".
  50. ^Yemen – Gun Facts, Figures and the Law,Gunpolicy.org(accessed 29 August 2019)
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  52. ^[1],Gun policy in Yemen
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  58. ^abcdKillias, Martin (1993)."Gun Ownership, Suicide and Homicide: An International Perspective"(PDF).In Alvazzi del Frate, Anna; Zvekic, Ugljesa; van Dijk, Jan J. M. (eds.).Understanding Crime, Experiences of Crime and Crime Control – Acts of the International Conference, Rome, 18–20 Nov 1992.Rome: United Nations International Crime & Justice Research Institute (UNICRI). pp. 289–306.ISBN9290780231.Archived fromthe original(PDF)on 2008-01-07.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.
  59. ^Killias, Martin (1993)."Gun Ownership, Suicide and Homicide: An International Perspective"(PDF).In Alvazzi del Frate, Anna; Zvekic, Ugljesa; van Dijk, Jan J. M. (eds.).Understanding Crime, Experiences of Crime and Crime Control – Acts of the International Conference, Rome, 18–20 Nov 1992.Rome: United Nations International Crime & Justice Research Institute (UNICRI). pp. 289–306.ISBN9290780231.Archived fromthe original(PDF)on 2008-01-07.
  60. ^abKillias, Martin; van Kesteren, John; Rindlisbacher, Martin (2001)."Guns, Violent Crime, and Suicide in 21 Countries"(PDF).Canadian Journal of Criminology.43(4): 429–448.doi:10.3138/cjcrim.43.4.429.
  61. ^Journal of Criminal Justice43:30–38 (2015); Social Science Quarterly 110(3):936–950 (2019)
  62. ^abFaria, Miguel A. (2012)."America, guns, and freedom. Part I: A recapitulation of liberty".Surgical Neurology International.3.Elsevier: 133.doi:10.4103/2152-7806.102951.PMC3513846.PMID23227438.Retrieved17 April2020.
  63. ^Faria, Miguel A. (2012)."America, guns and freedom: Part II – An international perspective".Surgical Neurology International.3(1). Elsevier: 135.doi:10.4103/2152-7806.103542.PMC3513850.PMID23227440.
  64. ^Miller M, Azrael D, Barber C (April 2012)."Suicide mortality in the United States: the importance of attending to method in understanding population-level disparities in the burden of suicide".Annual Review of Public Health.33:393–408.doi:10.1146/annurev-publhealth-031811-124636.PMID22224886.

Further reading

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