Firearms-Control Legislation and Policy

243 Pages·2013·1.54 MB·English

by  Levush, Ruth

FIREARMS-CONTROL
LEGISLATION AND POLICY
Australia • Brazil • Canada • China • Egypt • Germany •
Great Britain • Israel • Japan • Lebanon • Mexico •
New Zealand • Norway • Russia • Singapore •
South Africa • Spain • Switzerland •
European Union
February 2013
Contents
Comparative Summary....................................................................................................................1
Australia.........................................................................................................................................16
Brazil..............................................................................................................................................37
Canada............................................................................................................................................52
China..............................................................................................................................................61
Egypt..............................................................................................................................................72
Germany.........................................................................................................................................80
Great Britain...................................................................................................................................89
Israel.............................................................................................................................................108
Japan............................................................................................................................................116
Lebanon........................................................................................................................................131
Mexico.........................................................................................................................................138
New Zealand................................................................................................................................148
Norway.........................................................................................................................................168
Russia ..........................................................................................................................................181
Singapore.....................................................................................................................................190
South Africa.................................................................................................................................196
Spain............................................................................................................................................213
Switzerland..................................................................................................................................221
European Union...........................................................................................................................228
Bibliography................................................................................................................................238
COMPARATIVE ANALYSIS
FIREARMS-CONTROL LEGISLATION AND POLICY
I. Introduction
This survey describes the different legal approaches taken by eighteen countries and the
European Union (EU) with regard to ownership, possession, and other activities involving
firearms.* The individual reports cover laws, regulations, and directives, in addition to statistical
and other relevant information on gun control. The reports also address the availability or lack
thereof of a constitutional right to bear arms under foreign law; the scope of firearms-related
activities that are subject to licensing; conditions for the issuance of licenses, including
background checks of the applicant’s mental and criminal history; training, testing, and storage
requirements; weapons bans; and registration procedures, including the use of a central register
in some of the countries surveyed. Many reports describe legislative history and trends, which in
some cases were influenced by rising crime levels or incidents of mass shootings. A
bibliography of selected recent English language materials is included.
II. Mass Shootings in Foreign Countries
Incidents of mass shooting in schools and other public venues by so-called “lone wolves”
are not unique to the United States. Shortly prior to the completion of this report, on January 3,
2013, a thirty-four-year-old militiaman in Daillon, Switzerland went on a shooting spree, killing
three women and wounding two men with his militia weapon.
In 1987 in Hungerford, England, a gunman equipped with two lawfully owned
semiautomatic rifles shot and killed sixteen people and wounded fourteen more before killing
himself. In 2010 in Cumbria, northwest England, a gunman killed twelve people and wounded
twenty-five using firearms he lawfully possessed.
Port Arthur, Australia, was the scene of a mass shooting in 1996, when a twenty-eight-
year-old gunman armed with a semiautomatic rifle shot and killed thirty-five people and
wounded eighteen others. That same year a gunman armed with two lawfully held rifles and
four handguns walked into an elementary school in Dunblane, Scotland, and shot and killed
sixteen four- to five-year-old children and their teacher before killing himself.
*The countries surveyed include Australia, Brazil, Canada, China, Egypt, Germany, Great Britain, Israel,
Japan, Lebanon, Mexico, New Zealand, Norway, Russia, Singapore, South Africa, Spain, and Switzerland. These
countries and the EU were selected based on interest in their firearms-control laws and the way these laws are
implemented, the desire to cover a wide selection of continents and cultures, and the current availability of staff
expertise at the Law Library of Congress.
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Firearms-Control Legislation and Policy
In Germany, teenage shooters armed with semiautomatic pistols or a sawed-off
percussion rifle shot schoolchildren and teachers on three different occasions in 2002, 2006, and
in 2009, all ending with multiple deaths and casualties. Norway similarly witnessed a gruesome
mass killing in 2011 by a man who had first bombed the government district of Oslo and then,
using weapons he had lawfully acquired for hunting, shot and killed seventy-seven and wounded
242 mostly young people at a youth camp.
Incidents of mass killings are not unknown to Russians, who experienced terrorist attacks
on a hospital, theater, and school in 2002 and 2004, as well as a number of more recent mass
shootings in public places committed by criminals or mentally unstable people.
Mass shootings in China, where the private possession of firearms is generally banned,
are rare, and the Chinese media correlates the country’s strict firearms-control laws to the
generally fewer crimes committed with guns and explosives in China as compared with
other countries.
This report explores the different legal approaches taken by the surveyed countries
regarding licensing of firearms, including requirements for proper training, safe storage, criminal
and mental-health background checks, mental health, and enforcement.
III. Constitutional Right to Bear Arms
Among the countries surveyed only Mexico was found to have an express provision in its
Constitution that recognizes the right of inhabitants to bear arms. This right extends to
possession of arms at one’s home for security and legitimate defense, with the exception of
weapons that are prohibited by federal law and those reserved for the exclusive use of the Army,
Navy, Air Force, and National Guard. The Mexican Constitution expressly provides that the
conditions under which inhabitants may be authorized to bear arms are to be determined by
federal law.
IV. Possession of Firearms by Military Personnel
Compulsory military service, which exists in several of the countries surveyed, often
gives rise to special laws governing conscripts’ use and possession of military weapons and
ammunition. Israel and Switzerland illustrate two varied approaches to this issue. Conscription
begins at age eighteen in Israel and nineteen in Switzerland, and generally ends at age forty-five
in Israel and between the ages of thirty-four and fifty in Switzerland, depending on the military
or militia rank of conscripts in these countries.
In Switzerland militiamen are issued personal equipment, including a personal weapon
and ammunition, that they are authorized to keep in their homes even after retirement. Israel
maintains a much more restrictive policy on soldiers taking military firearms on home leave and
reserve service.
As a general rule, Israeli soldiers do not take their guns on home leave. Exceptions to
this rule apply to soldiers who serve in combat units; serve in the West Bank or other specified
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areas; or obtain special authorization from high-ranking military officers, because of their officer
rank or for reasons of personal safety associated with their home or service location.
Other countries surveyed similarly do not generally permit military personnel to take
firearms out of their assigned duty area. In Russia, for example, military weapons are not legally
permitted to leave the military compound. Military personnel cannot take weapons outside of
their unit’s location unless they are on a special, duty-related assignment. Others who have
service weapons, including police officers, investigators, and some judges, however, may have
their service firearms with them when not on duty.
V. Civilian Activities Requiring Licensing
All of the countries surveyed require licensing for various activities involving firearms
and ammunition. Such activities may include selling firearms and ammunition by or through
licensed dealers, as well as acquiring, possessing, owning, using, carrying, handling, trading,
repairing, manufacturing, distributing, transporting, importing and exporting, training, storing,
collecting, and disposing of such firearms and ammunition.
The following table lists general requirements for civilian licenses in the countries
surveyed, including age limits, reasons for which firearms are allowed, the role of an applicant’s
criminal record and health status, mandated training or testing, and other
miscellaneous requirements:
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Table 1: General Requirements for Civilian Licenses
Country Minimum Age Recognized Criminal History Health Training/Testing Other
Reasons Requirements Requirements Requirements Requirements
Australia 18 “Genuine reason” “Fit and proper Mental/physical Safety course. 28-day waiting period;
(e.g., sports, person” test; no fitness. storage requirements
recreational convictions for and inspections.
shooting/hunting, violent offenses in
collecting, or past 5 years.
occupational
requirements).
Ammunition only
provided to
license-holders.
Self-defense
excluded.
Brazil 25 Actual need for Submission of Evidence of Evidence of Evidence of lawful
acquiring firearm; records indicating psychological technical ability. occupancy and place of
ammunition must no prior criminal ability. residence.
correspond to activities, police
caliber of investigation, or
registered gun and criminal
quantity prosecution.
requirements.
Canada 18 generally. For restricted Criminal and Mental-health Safety tests Transport, storage, and
firearms or domestic-violence background check, depending on type display requirements.
12–17 for prohibited background including of weapon.
minor’s license handguns, must checks. addiction.
(limited to non- show need for use
restricted rifle in connection with
or shotgun, and lawful profession
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Firearms-Control Legislation and Policy
Country Minimum Age Recognized Criminal History Health Training/Testing Other
Reasons Requirements Requirements Requirements Requirements
licensed adult or occupation; no
must be such requirements
responsible for for ordinary
firearm). shotguns and
rifles, such as
those used for
hunting.
China No age Firearms for Not specified by Not specified by Special training in Safe storage.
specified by civilian use national law; national law; safe storage of
national law; permitted for Dalian Rule Dalian Rule firearms.
local rules may specified “work requires having no requires having no
apply (e.g., 18 units” in areas of criminal record history of mental
according to a sports; hunting; and no record of illness.
firearms-control and wildlife having been
rule issued by protection, “reeducated
Dalian City, breeding, and through labor.”
Shenyang research.
Province,
hereafter the Individual hunters
Dalian Rule). and herdsmen may
possess hunting
rifles.
Egypt 21 [no information Licensing No mental or
available] prohibited for psychological
persons convicted, impairment; must
sentenced, or on be physically
parole. capable of owning
and using firearms.
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Firearms-Control Legislation and Policy
Country Minimum Age Recognized Criminal History Health Training/Testing Other
Reasons Requirements Requirements Requirements Requirements
Germany 18 generally. Licenses issued to No criminal No substance Knowledge of Five years’ residency;
hunters, record, addiction, mental weapons liability insurance
14–18 for marksmen, membership in illness, or technology and coverage of up to 1
supervised shooting- criminal or feeblemindedness. law; expertise in million Euros.
training or association terrorist use of firearms.
employment. members, organization, or Psychiatric Specified storage
endangered justified suspicion evaluation if under requirements,
21 for persons, of potential 25. depending on potency
marksmen, collectors, experts, violation. of weapon.
subject to producers and
exceptions. dealers, and
private security
firms.
Great 18 “Good reason” to No sentence of References Conditionsmay
Britain possess requested more than three regarding mental include specification
firearm (e.g. years’ state, home life, of storage cabinets that
profession, sport imprisonment or and attitude meet British safety
or recreation, or preventive toward guns; standards.
shooting vermin). detention; those medical release
receiving form; access to
Self-defense not a sentences of three firearms by unfit
good reason. months to three family members or
years cannot associates may
possess firearms or disqualify
ammunition for a applicant.
period of five
years after date of
release.
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Firearms-Control Legislation and Policy
Country Minimum Age Recognized Criminal History Health Training/Testing Other
Reasons Requirements Requirements Requirements Requirements
Israel 21 for citizens Proof of need Conviction for Mental health care Certified Proof of permanent
who served in based on place of violent offense providers report to appropriate residency and
Israel Defense residence or (including Ministry of Health training for each uninterrupted stay for
Force (IDF). employment, domestic violence) those patients licensed firearm at period of at least three
occupation, or may result in capable of licensed shooting years, basic knowledge
27 for other service in elite license endangering ranges. of the Hebrew
citizens. IDF reserve units. cancellation/ themselves or language, safe storage.
ineligibility for others; report may
45 for period defined by be forwarded to
permanent court. permitting
residents with 3 authorities.
years of
uninterrupted
stay.
Japan 18 generally. “Specific need” Passage of 5 years No mental illness Classes on firearms Fixed abode; proof of
(e.g., hunters; since completing or other specified laws and accident insurance; not
14 for athletes. target shooters; sentence of health problems, regulations; skill under bankruptcy
athletes; dealers; imprisonment; no dementia, test or completion restrictions.
20 for hunters. manufacturers; previous warnings alcohol/drug of shooting classes.
exporters; or restraining addiction, or
collectors; and orders for feeblemindedness.
specific businesses, domestic violence.
including
lifesaving,
slaughterhouses,
fisheries, testing or
research, and
construction).
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Firearms-Control Legislation and Policy
Country Minimum Age Recognized Criminal History Health Training/Testing Other
Reasons Requirements Requirements Requirements Requirements
Lebanon 18 generally. Recognized No prior sentence No history of
reasons (e.g., or conviction for mental illness.
16 for hunting hunting) tied to heinous felonies,
under specific classes of carrying weapons,
guardian’s weapons. or offenses against
supervision. state security or
Weapons and
Ammunition Law.
Foreigners cannot
have been subject
to revocation of
residence or
deportation.
Mexico 18 For employment/ For a carrying For a carrying For a carrying license,
occupation, target license, no license, no must earn living by
shooting, or conviction for any physical or mental honest means and
hunting; or based crime committed impediment or complete any military
on living with the use of drug addiction service duty (if
circumstances or firearms. applicable).
other credible
factors, including
self-defense in the
home.
New 16 for standard None required for Applicant must be Two references Safety course and Storage requirements
Zealand license. standard license. “fit and proper (family and written test. and inspections.
For licenses for person”; no history nonfamily);
18 for military- certain firearms, of violence. license may be
style must be member denied where there
semiautomatic of recognized is a history of
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