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
This report is provided for reference purposes only. 

It does not constitute legal advice and does not represent the official 

opinion of the United States Government. The information provided 

reflects research undertaken as of the date of writing. 

It has not been updated.
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-eightyear-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: 
Firearms-Control Legislation and Policy 

Table 1: General Requirements for Civilian Licenses 

Country Minimum Age Recognized 

Reasons 

Criminal History 

Requirements 

Health 

Requirements 

Training/Testing 

Requirements 

Australia 18 “Genuine reason” 

(e.g., sports, recreational shooting/hunting, collecting, or occupational requirements). Ammunition only provided to license-holders. 

Self-defense excluded. 

“Fit and proper 

person” test; no convictions for violent offenses in past 5 years. 

Mental/physical 

fitness.

Safety course. 

Brazil 25 Actual need for 

acquiring firearm; ammunition must correspond to caliber of registered gun and quantity requirements. 

Submission of records indicating no prior criminal activities, police investigation, or criminal prosecution.

Evidence of psychological ability. 

Evidence of technical ability.

Canada 18 generally. 

12–17 for 

minor’s license (limited to nonrestricted rifle or shotgun, and 

For restricted firearms or prohibited handguns, must show need for use in connection with lawful profession 

Criminal and domestic-violence background checks. 

Mental-health 

background check, including addiction. 

Safety tests depending on type of weapon.

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Country Minimum Age Recognized Criminal History Health Training/Testing 

Reasons Requirements Requirements Requirements 

licensed adult must be responsible for firearm). 

or occupation; no such requirements for ordinary shotguns and rifles, such as those used for hunting.

China No age 

specified by

national law; local rules may apply (e.g., 18 according to a firearms-control rule issued by 

Dalian City, Shenyang Province, hereafter the Dalian Rule). 

Firearms for civilian use permitted for specified “work units” in areas of sports; hunting; and wildlife protection, breeding, and research. 

Individual hunters 

and herdsmen may possess hunting rifles.

Not specified by national law; Dalian Rule requires having no criminal record and no record of having been “reeducated through labor.” 

Not specified by national law; Dalian Rule requires having no history of mental illness. 

Special training in safe storage of firearms. 

Egypt 21 [no information 

available]

Licensing prohibited for persons convicted, sentenced, or on parole.

No mental or psychological impairment; must be physically capable of owning and using firearms. 

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Country Minimum Age Recognized Criminal History Health Training/Testing 

Reasons Requirements Requirements Requirements 

Germany 18 generally. 

14–18 for 

supervised training or employment. 

21 for marksmen, 

subject to exceptions. 

Licenses issued to hunters, marksmen, shootingassociation members, endangered persons, collectors, experts, producers and dealers, and private security firms. 

No criminal record, membership in criminal or terrorist organization, or justified suspicion of potential violation.

No substance addiction, mental illness, or feeblemindedness. 

Psychiatric 

evaluation if under 25.

Knowledge of weapons technology and law; expertise in use of firearms. 

Great Britain 

18 “Good reason” to 

possess requested firearm (e.g. profession, sport or recreation, or shooting vermin). 

Self-defense not a 

good reason. 

No sentence of more than three years’ imprisonment or preventive detention; those receiving sentences of three months to three years cannot possess firearms or ammunition for a period of five years after date of release. 

References 

regarding mental state, home life, and attitude toward guns; medical release form; access to firearms by unfit family members or associates may disqualify applicant. 

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Country Minimum Age Recognized Criminal History Health Training/Testing 

Reasons Requirements Requirements Requirements 

Israel 21 for citizens 

who served in Israel Defense Force (IDF). 

27 for other 

citizens. 

45 for permanent 

residents with 3 years of uninterrupted stay. 

Proof of need based on place of residence or employment, occupation, or service in elite IDF reserve units. 

Conviction for violent offense (including domestic violence) may result in license cancellation/ ineligibility for period defined by court. 

Mental health care providers report to Ministry of Health those patients capable of endangering themselves or others; report may be forwarded to permitting authorities. 

Certified appropriate training for each licensed firearm at licensed shooting ranges. 

Japan 18 generally. 

14 for athletes. 20 for hunters. 

“Specific need” (e.g., hunters; target shooters; athletes; dealers; manufacturers; exporters; collectors; and specific businesses, including lifesaving, slaughterhouses, fisheries, testing or research, and construction). 

Passage of 5 years 

since completing sentence of imprisonment; no previous warnings or restraining orders for domestic violence. 

No mental illness or other specified health problems, 

dementia, alcohol/drug addiction, or feeblemindedness. 

Classes on firearms laws and regulations; skill test or completion of shooting classes. 

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Firearms-Control Legislation and Policy 

Country Minimum Age Recognized Criminal History Health Training/Testing 

Reasons Requirements Requirements Requirements 

Lebanon 18 generally. 

16 for hunting 

under guardian’s supervision. 

Recognized reasons (e.g., hunting) tied to specific classes of weapons. 

No prior sentence or conviction for heinous felonies, carrying weapons, or offenses against state security or Weapons and Ammunition Law. Foreigners cannot have been subject to revocation of residence or deportation. 

No history of mental illness. 

Mexico 18 For employment/ 

occupation, target shooting, or hunting; or based on living circumstances or other credible factors, including self-defense in the home. 

For a carrying 

license, no conviction for any crime committed with the use of firearms.

For a carrying license, no physical or mental impediment or drug addiction 

New Zealand 

16 for standard license. 

18 for militarystyle 

semiautomatic 

None required for standard license. For licenses for certain firearms, must be member of recognized 

Applicant must be “fit and proper person”; no history of violence.

Two references (family and nonfamily); license may be denied where there is a history of 

Safety course and written test.

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Firearms-Control Legislation and Policy 

Country Minimum Age Recognized Criminal History Health Training/Testing 

Reasons Requirements Requirements Requirements 

firearms. pistol-shooting

club; collector; employee or 

member of broadcasting or theatrical entity; one acquiring firearm as an heirloom or memento; or a licensed dealer. 

Self-defense not a 

valid reason. 

drug/alcohol abuse or mental illness; license may be revoked if unfit person could gain access to firearm. 

Norway 21 for 

acquisition of

revolvers, pistols, or parts. 

18 for other 

firearms. 

16–18 if 

weapons stored by guardian or other permit holder based on police consent. 

“Reasonable 

grounds” for having a weapon. 

Persons of “sober habits.” 

Sobriety and “reliability” required. 

Active membership in approved shooting group or successful proficiency test for applicants 16–18 seeking to acquire rifle or shotgun. 

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Firearms-Control Legislation and Policy 

Country Minimum Age Recognized Criminal History Health Training/Testing 

Reasons Requirements Requirements Requirements 

Russian Federation 

18 generally. 

16 per approval 

of provincial legislative assemblies (usually for industrial hunting). 

Self-defense, hunting, sports,receiving guns as gift/inheritance.

Criminal background check. 

Physical/mental ability; no history of substance abuse.

Training and test. 

Singapore 18 for target 

practice. 

21 for selfdefense. 

Selected examples 

include membership in a registered gun club or serious threat to applicant’s life with no other possible protection. 

No criminal record. 

Shooting 

proficiency test.

South Africa 21 Collectors and 

museums; hunting or sport-shooting organizations or ranges; providers of training, including use of firearms in theatrical, film, or TV productions; game ranchers and hunting-business owners. 

No conviction within 5 years immediately preceding the application for certain crimes related to violence, dishonesty, recklessness, or instability. 

Stable mental condition; no substance abuse problem or proclivity for violence, including domestic abuse allegations or being laid off from job; competency certificate indicating applicant is “fit 

Training and test on safe and efficient use of firearms, as well as applicable training and tests for specific licenses. 

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Firearms-Control Legislation and Policy 

Country Minimum Age Recognized Criminal History Health Training/Testing 

Reasons Requirements Requirements Requirements 

Self-defense onlyif it cannot be accomplished by other means. 

and proper person.”

Spain 18 generally. 

14–18 requires 

permit for hunting or sport shooting. 

Hunting, target shooting, collection, selfdefense, or security. 

Criminal and domestic-violence background checks; certification of good behavior.

Report on the applicant’s “psychophysical aptitude” conducted in designated medical facilities; physician sends final report to competent authorities of the Guardia Civil. 

Theoretical and practical training and tests. 

Switzerland 18 For carrying 

license, selfdefense or defense of others or property against existing dangers. 

Militiamen 

permitted to retain personal ordinance after termination of service. 

For handgunaquisitions license, no conviction for a violent crime or other specified crimes.

For handgunacquisitions license, not suspected of being danger to self or others; not under guardianship.

Exam for theoretical and practical skills.

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Firearms-Control Legislation and Policy 

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Country Minimum Age Recognized 

Reasons 

Criminal History 

Requirements 

Health 

Requirements 

Training/Testing 

Requirements 

European Union [Minimum Standards for EU Members]

18 generally; 

Below 18 for hunting and 

target shooting, subject to parental consent or guidance of licensed adult, or at approved training center. 

“Good cause” as determined by individual EU Members. 

Conviction for violent, intentional crime may indicate propensity for posing danger to self or society. 

Must not be a danger to self or the public. 

[not regulated by EU Directives]
Firearms-Control Legislation and Policy 

VI. Restrictions on Certain Type and Quantities of Firearms and Ammunition

All countries surveyed regulate the type and quantity of firearms and ammunition that 

can be acquired or possessed by license holders. 

The European Union (EU) Directives, which lay down minimum standards for Member 

States, ban the sale and use of explosive military missiles and launchers; automatic firearms; 

firearms disguised as other objects; ammunition with penetrating, explosive, or incendiary 

projectiles; and pistol and revolver ammunition with expanding projectiles. 

In complying with EU Directives and introducing additional restrictions, Germany bans 

both fully automatic and semiautomatic weapons that are not intended for hunting or 

marksmanship. It further bans pump-action shotguns with pistol grips or of a short overall 

length; concealed, technically advanced devices; and some multiple-shot semiautomatics in 

calibers less than 6.3 mm. Spain similarly bans automatic firearms; those disguised as other 

objects; armor-piercing, incendiary, and expanding ammunition; and “firearms designed for war 

use.” Similar prohibitions apply in Great Britain, which bans military-style weapons and 

firearms disguised as other objects. 

Many countries in and outside of the EU prohibit “military style” and other high capacity 

weapons. Australia bans certain semiautomatic and self-loading rifles or shotguns; Brazil 

restricts some firearms for use by armed forces, public security institutions, and qualified persons 

and corporations. Similar restrictions exist in Japan, which bans all “military” weapons from 

civilians. Canada prohibits most 32- and 25-caliber handguns and those with a barrel length of 

105 mm or shorter, fully automatic weapons, converted automatics, firearms with a sawed-off 

barrel, and some military rifles like the AK 47. The Russian Federation bans many types of 

high-capacity firearms and cartridges. 

Norway, Switzerland, and South Africa specifically ban fully automatic weapons; in 

addition, Norway bans some semiautomatic weapons and other types of firearms disguised as 

other objects. In addition to banning fully automatic firearms, South Africa generally prohibits 

transactions involving, among other things, guns, cannons, recoilless guns, mortars, light mortars 

or launchers manufactured to fire rockets, grenades, self-propelled grenades, bombs, and 

explosive devices. The list of banned weapons further includes the frame, body, or barrel of 

such weapons as well as any imitations or alterations. As in many other countries, the 

manufacture and sale of imitation guns is prohibited in China, a country that maintains strict 

control of the manufacturing of firearms by ensuring that designs for firearms are developed by 

the State Council or Ministry of Public Security. 

Israel is one of many countries that strictly regulate not only the type but also the quantity 

of firearms and ammunition for civilian use. As a general rule, in Israel an individual who 

qualifies for a license may be eligible for only one firearm and fifty bullets. Possession of 

additional firearms may be licensed for special reasons, including when the additional firearm is 

an air or BB gun, when it is designed to be held as memorabilia, or when it is required for sports 

or for the prevention of harm to agriculture. 

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Firearms-Control Legislation and Policy 

The survey includes two additional Middle Eastern countries—Egypt and Lebanon. 

Egypt, a country that recently underwent a change of leadership and is still in turmoil, has 

legislation that prohibits automatic assault rifles, rocket-propelled grenades (RPGs), gun 

silencers, and telescopic equipment used with weapons, but it appears that these laws are not 

currently being enforced. In Lebanon, where several armed groups operating outside any legal 

framework are known to exist, the law prohibits the acquisition, possession, or transport of 

military- or combat-style arms for civilians except in the case of disturbances or as specified by a 

permit from the Minister of National Defense. 

In New Zealand, a total ban on military-style semiautomatic weapons was rejected in the 

face of opposition from user groups and the estimated cost of such a measure in terms of 

providing adequate compensation to current owners. 

VII. National Register

Many of the countries surveyed require transactions involving firearms to be recorded. 

Australia, Brazil, Canada, Egypt, Germany, Israel, Singapore, Spain, and South Africa maintain 

national firearms registries. The EU is requiring all of its Member States to establish registries 

of firearms by December 2014, to which only designated authorities will have access. 

Great Britain, Russia, and Switzerland currently maintain local rather than central 

registers of firearms. 

VIII. Statistical Data on the Distribution of Firearms and Their Use in Violent Crimes

Among the countries surveyed, several appear to have experienced a reduction in the 

number of firearms in civilian circulation and in firearms-related crimes and deaths in recent 

years. Japan and Israel, for example, have steadily reduced the number of firearms licenses 

granted to civilians. In Israel, where 300,000 licenses were issued in the late 1980s during the 

first Intifada, the number of firearms’ licenses had decreased to 170,000 by June 2012 and 

continues to decline. 

In Australia, the number of victims of firearms-related homicides declined by half in the 

period between 1989–90 and 2009–10 (from 24 to 12%); Brazil experienced a reduction of 

60.1% in the number of homicides between 2001 and 2007. In Canada, firearms-related 

homicides declined over the past thirty years and fell nearly 30% over the past four years alone. 

New Zealand’s firearms-related deaths were also found to have decreased in the past 

twenty years. 

In Great Britain the use of firearms in offenses decreased in 2010–11 by 13% from the 

previous year. However, despite the country’s stringent gun laws, illegal handguns can be 

easily purchased and newspapers have reported that in the two years after the 1997 ban on 

handguns following the Dunblane massacre, the number of crimes in which handguns were 

carried increased by 40%. 

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Firearms-Control Legislation and Policy 

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South Africa’s firearms-related crimes have reportedly dropped since enforcement of 

that country’s stricter firearms-control law commenced in 2004. However, a direct causal 

connection has not yet been established because the South African Police Service stopped 

releasing data on the subject after 2000. 

The country reports provide examples of countries with very low rates of crime involving 

firearms. In China, for example, where civilian gun ownership is generally prohibited, only 500 

criminal offenses were reportedly committed with guns in 2011, in a country whose population 

numbers 1.34 billion. In Japan, where 271,100 guns were licensed in 2011, the number of gunviolence victims for the year was eight. In Spain the rate of deaths by firearms is 0.63 per 

100,000 people, according to a 2010 report. Statistical data from Great Britain indicates that in 

2008–2009 firearms were used in only 0.3% of all recorded crimes and were responsible for the 

deaths of thirty-nine people. 

A direct correlation between statistical data provided in the individual country reports and 

specific legal requirements imposed by these countries cannot be established, given the different 

variables that are relevant to each country’s legal, social, and cultural conditions, and the varied 

sources of information on which the data was based. 

Prepared by Ruth Levush 

Senior Foreign Law Specialist 

and Project Coordinator 

February 2013 
AUSTRALIA 

FIREARMS-CONTROL LEGISLATION AND POLICY 

Summary 

The sale, possession, and use of firearms are regulated by the Australian 

states and territories, with cross-border trade matters addressed at the federal 

level. In 1996, following the Port Arthur massacre, the federal government and 

the states and territories agreed to a uniform approach to firearms regulation, 

including a ban on certain semiautomatic and self-loading rifles and shotguns, 

standard licensing and permit criteria, storage requirements and inspections, and 

greater restrictions on the sale of firearms and ammunition. Firearms license 

applicants would be required to take a safety course and show a “genuine 

reason” for owning a firearm, which could not include self-defense. The reasons 

for refusing a license would include “reliable evidence of a mental or physical 

condition which would render the applicant unsuitable for owning, possessing or 

using a firearm.” A waiting period of twenty-eight days would apply to the 

issuing of both firearms licenses and permits to acquire each weapon. 

Alongside legislative reforms to implement the National Firearms

Agreement, a national buyback program for prohibited weapons took place in 

1996-1997 and resulted in more than 700,000 weapons being surrendered. 

Further reforms were later implemented as a result of agreements made in 2002 

on firearms trafficking and handguns, as was a national buyback of newly 

prohibited handguns and associated parts.

A large amount of information and analysis is available regarding the 

number of firearms in Australia and their use in crimes or incidents resulting in 

death. The most recent relevant report of the Australian Institute of Criminology 

states that the “number of victims of firearm-perpetrated homicide (i.e. murder 

and manslaughter) has declined by half between 1989–90 and 2009–10 from 24 

to 12 percent.” Recent reports have also examined the number of illicit firearms 

and firearm thefts in Australia. Among the activities relating to gun control that 

took place in 2012 was the signing of a new intergovernmental agreement to 

tackle illicit firearms and firearms trafficking. 

I. Background 

On April 28, 1996, a twenty-eight-year-old gunman armed with a semiautomatic rifle 

shot and killed thirty-five people and wounded eighteen others at several locations in and around 

Port Arthur, a popular tourist area in Tasmania, Australia. The gunman survived and pleaded 

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Firearms-Control Legislation and Policy 

guilty to multiple homicides.1 He received thirty-five life sentences without the possibility 

of parole.2

Prior to this incident, gun laws in Australia could be seen as relatively lenient, and there 

were large variations in the regulations across the six states and two mainland territories.3

 

Firearms regulation is the responsibility of individual Australian states and territories, as section 

51 of the Australian Constitution does not confer lawmaking powers in relation to firearms on 

the federal Parliament.4 Federal laws can be enacted regarding the import of firearms and other 

weapons under the overseas trade and commerce powers of the federal Parliament.5

 The 

Australian Constitution does not contain any explicit gun ownership rights. 

In response to the Port Arthur massacre, the Australasian Police Ministers’ Council 

(APMC) convened a special meeting on May 10, 1996, and agreed to a national plan for the 

regulation of firearms promoted by then Prime Minister John Howard.6 The resolutions made at 

that meeting subsequently became the Nationwide Agreement on Firearms (commonly referred 

to as the National Firearms Agreement).7

 The proposals emerged from earlier recommendations 

of the National Committee on Violence, which was established in 1988 following two mass 

killings in Melbourne involving high-powered rifles.8 The APMC had previously considered the 

need for a uniform approach to firearms regulation at meetings held between 1988 and 1995,9

1 See Robert Milliken, Tasmanian Admits Gun Massacre, THE INDEPENDENT (Nov. 8, 1996), http://www. 

independent.co.uk/news/world/tasmanian-admits-gun-massacre-1351256.html. 

2 See Gunman’s Life Sentence in Tasmania Killings, NY TIMES (Nov. 22, 1996), http://www.nytimes.com/ 

1996/11/22/world/gunman-s-life-sentence-in-tasmania-killings.html. 

3 See JENNIFER NORBERRY ET AL., AFTER PORT ARTHUR—ISSUES OF GUN CONTROL IN AUSTRALIA

(Parliamentary Library Current Issues Brief 16, 1995-96), http://www.aph.gov.au/About_Parliament/Parliamentary 

_Departments/Parliamentary_Library/Publications_Archive/CIB/cib9596/96cib16, under the heading “National 

Uniform Gun Laws?” 

4

 AUSTRALIAN CONSTITUTION s 51, http://www.comlaw.gov.au/Details/C2004C00469. 

5 Id. s 51(i). 

6 See Rebecca Peters & Charles Watson, A Breakthrough in Gun Control in Australia After the Port Arthur 

Massacre, 2 INJ. PREV. 253 (1996), http://injuryprevention.bmj.com/content/2/4/253.full.pdf. For a recent 

discussion of the processes and impacts associated with these changes, see John Howard, I Went After Guns. Obama 

Can Too, NY TIMES (Jan. 16, 2013), http://www.nytimes.com/2013/01/17/opinion/australia-banned-assaultweapons-america-can-too.html?smid=fb-nytimes. 

7 See SAMANTHA BRICKNELL, FIREARM TRAFFICKING AND SERIOUS AND ORGANISED CRIME GANGS 

(Australian Institute of Criminology (AIC) Research and Public Policy Series No. 116, June 2012), http://www.aic. 

gov.au/publications/current%20series/rpp/100-120/rpp116.html, under the heading “Legislative Reforms.” 

8 See NORBERRY ET AL., supra note 3; Duncan Chappell, Prevention of Violent Crime: The Work of the 

National Committee on Violence, in INTERNATIONAL TRENDS IN CRIME: EAST MEETS WEST 155 (Sandra McKillop 

ed., 1992), http://aic.gov.au/media_library/publications/proceedings/12/chappell.pdf. 

9 Firearms Reform—Debated Nationally for Years, THE AUSTRALIAN FIREARMS BUYBACK (archived 

website), http://pandora.nla.gov.au/nph-wb/20000426130000/http://www.gun.law.gov.au/Guns/legislation/history 

.htm (last visited Dec. 20, 2012). 

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and some state and federal laws had been changed during this period in response to 

shooting incidents.10

The 1996 National Firearms Agreement led to the considerable revision of the laws of the 

states and territories11 and the implementation of a national buyback program to encourage 

firearms owners and dealers to surrender prohibited weapons. 

After 1996 there were further shooting incidents, which led to additional action by 

Australian federal and state governments, including the National Handgun Agreement (2002), 

National Handgun Buyback Act 2003 (Cth), and National Firearms Trafficking Policy 

Agreement (2002).12 

II. Relevant Legislation

The restrictions and licensing requirements relating to the purchase, possession, and use 

of firearms (including imitation firearms) in Australia are currently controlled by the following 

state and territory instruments: 

 New South Wales: Firearms Act 1996, Weapons Prohibition Act 1998, and

associated regulations13

 Victoria: Firearms Act 1996, Control of Weapons Act 1990, and

associated regulations14

 Queensland: Weapons Act 1990 and associated regulations15

 Western Australia: Firearms Act 1973 and associated regulations16

 South Australia: Firearms Act 1977 and associated regulations17

10 See Press Release, Gun Control Australia, Our Strict Gun Laws Have Saved Thousands of Australian 

Lives (Sept. 7, 2012), http://guncontrol.org.au/2012/09/our-strict-gun-laws-have-saved-thousands-of-australianlives/. 

11 See ABIGAIL RATH & GARETH GRIFFITH, FIREARMS REGULATION: AN UPDATE (NSW Parliamentary 

Library Research Service Background Paper 5/99, Oct. 1999), http://143.119.255.92/prod/parlment/publications. 

nsf/0/121A3D471695BA8ECA256ECF000AF715/$File/FIREARMSPAPERComplete.pdf. 

12 BRICKNELL, supra note 7. 

13 See generally Firearms Registry, NSW POLICE FORCE, http://www.police.nsw.gov.au/services/firearms

(last visited Dec. 21, 2012). 

14 See generally Firearms, VICTORIA POLICE, http://www.police.vic.gov.au/content.asp?Document_ID= 

34098 (last visited Dec. 21, 2012). 

15 See generally Weapons Licensing, QUEENSLAND POLICE, http://www.police.qld.gov.au/programs/ 

weaponsLicensing/; Firearms Licence, QUEENSLAND POLICE, http://www.police.qld.gov.au/programs/weapons 

Licensing/licenceApplication/licences/firearms/ (both last visited Dec. 21, 2012).

16 See generally Firearms, WESTERN AUSTRALIA POLICE, http://www.police.wa.gov.au/Ourservices/ 

PoliceLicensingServices/Firearms/tabid/1802/Default.aspx (last visited Dec. 21, 2012). 

17 See generally Firearms & Weapons, SOUTH AUSTRALIA POLICE, http://www.sapolice.sa.gov.au/sapol/ 

services/firearms_weapons.jsp (last visited Dec. 21, 2012). 

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 Tasmania: Firearms Act 1996 and associated regulations18

 Northern Territory: Firearms Act and associated regulations19

 Australian Capital Territory: Firearms Act 1996, Prohibited Weapons Act 1996, and

associated regulations20

A full list of current legal instruments for each state and territory are provided in an 

appendix to this report. 

At the federal level, the importation of firearms is subject to the restrictions in Regulation 

4F and Schedule 6 of the Customs (Prohibited Goods) Regulations 1956 (Cth).21 

III. 1996 National Firearms Agreement and Buyback Program

The resolutions agreed to at the APMC meeting on May 10, 1996,22 provided for the 

establishment of a uniform approach to firearms regulation that would include 

 a federal ban on the importation of “all semi-automatic self-loading and pump action

longarms, and all parts, including magazines, for such firearms, included in Licence

Category D, and control of the importation of those firearms included in Licence

Category C.” The sale, resale, transfer, ownership, manufacture, and use of such

firearms would also be banned by the states and territories, other than in exceptional

circumstances (relating to military or law enforcement purposes and occupational

categories, depending on the category of the firearm);23

 standard categories of firearms, including the two largely prohibited categories (C and

D), which include certain semiautomatic and self-loading rifles and shotguns, and a

restricted category for handguns (category H);24

18 See generally Firearms, Tasmania Police, http://www.police.tas.gov.au/services-online/firearms/ (last 

visited Dec. 21, 2012). 

19 See generally Firearms Licences Permits Information, NORTHERN TERRITORY POLICE, http://www.pfes. 

nt.gov.au/Police/Firearms-Weapons/Firearms-licences-permits-information.aspx (last visited Dec. 21, 2012). 

20 See generally Firearms, ACT POLICING, http://www.police.act.gov.au/crime-and-safety/firearms.aspx

(last visited Dec. 21, 2012). 

21 Customs (Prohibited Imports) Regulations 1956 (Cth), http://www.comlaw.gov.au/Details/F2012 

C00724. See generally Firearms and Weapons, Australian Customs and Border Protection Service, 

http://www.customs.gov.au/site/page4372.asp (last visited Dec. 21, 2012). 

22 Australasian Police Ministers’ Council (APMC), Special Firearms Meeting, Canberra, 10 May 1996: 

Resolutions, available at http://www.austlii.edu.au/au/other/apmc/, and on the Australian Firearms Buyback 

archived website at http://pandora.nla.gov.au/nph-wb/20000426130000/http://www.gun.law.gov.au/Guns/ 

legislation/10may resolut.htm (both last visited Dec. 21, 2012). 

23 Id. res. 1. 

24 Id. res. 4. The full list of firearms in category C (which are prohibited except for occupational purposes) 

is as follows: “semi automatic rimfire rifles with a magazine capacity no greater than 10 rounds; semi automatic 

shotguns with a magazine capacity no greater than 5 rounds; pump action shotguns with a magazine capacity no 

greater than 5 rounds.” The category D list (which are prohibited except for official purposes) is: “self-loading 

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Firearms-Control Legislation and Policy 

 a requirement for a separate permit for the acquisition of every firearm, with a

twenty-eight-day waiting period applying to the issuing of such permits,25 and the

establishment of a nationwide firearms registration system;26

 a uniform requirement for all firearms sales to be conducted only by or through

licensed firearms dealers, and certain minimum principles that would underpin rules

relating to the recording of firearms transactions by dealers and right of inspection

by police;27

 restrictions on the quantity of ammunition that may be purchased in a given period

and a requirement that dealers only sell ammunition for firearms for which the

purchaser is licensed;28

 ensuring that “personal protection” would not be regarded as a “genuine reason” for

owning, possessing, or using a firearm under the laws of the states and territories;29

 standardized classifications to define a “genuine reason” that an applicant must show

for owning, possessing, or using a firearm, including reasons relating to sport

shooting, recreational shooting/hunting, collecting, and occupational requirements

(additional requirements of showing a genuine need for the particular type of firearm

and securing related approvals would be added for firearms in categories B, C, D,

and H);30

 in addition to the demonstration of a “genuine reason,” other basic requirements

would apply for the issuing of firearms licenses, specifically that the applicant must

be aged eighteen years or over, be a “fit and proper person,” be able to prove his or

her identity, and undertake adequate safety training31 (safety training courses would

be subject to accreditation and be “comprehensive and standardised across Australia

for all licence categories”);32

 firearms licenses would be required to bear a photograph of the licensee, be endorsed

with a category of firearm, include the holder’s address, be issued after a waiting

centre fire rifles designed or adapted for military purposes or a firearm which substantially duplicates those rifles in 

design, function or appearance; non-military style self-loading centre fire rifles with either an integral or detachable 

magazine; self-loading shotguns with either an integral or detachable magazine and pump action shotguns with a 

capacity of more than 5 rounds; self-loading rim-fire rifles with a magazine capacity greater than 10 rounds.” 

25 Id. res. 7. 

26 Id. res. 2. 

27 Id. res. 9. 

28 Id. 

29 Id. res. 3. 

30 Id. 

31 Id. res. 4. 

32 Id. res. 5. 

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Firearms-Control Legislation and Policy 

period of not less than twenty-eight days, be issued for a period of no more than five 

years, and contain a reminder of safe storage responsibilities;33 

 licenses would only be issued subject to undertakings to comply with storage

requirements and following an inspection by licensing authorities of the licensee’s

storage facilities;34

 minimum standards for the refusal or cancellation of licenses, including criminal

convictions for violent offenses in the past five years, unsafe storage of firearms,

failure to notify of a change of address, and “reliable evidence of a mental or physical

condition which would render the applicant unsuitable for owning, possessing or

using a firearm”;35 and

 the establishment of uniform standards for the security and storage of firearms,

including a requirement that ammunition be stored in locked containers separate from

any firearms. The minimum standards for category C, D, and H firearms would

include “storage in a locked, steel safe with a thickness to ensure it is not easily

penetrable, bolted to the structure of a building.”36

The above resolutions were implemented through the passage of new or amending 

legislation and associated regulations by the states and territories.37 A review of the relevant 

legislation by the Australian Institute of Criminology (AIC) in 2008 found general compliance 

with the 1996 National Firearms Agreement (and the 2002 agreements regarding handguns and 

firearms trafficking discussed below) across the states and territories but also determined that 

there remained some inconsistencies between the jurisdictions.38 Some amendments to the 

relevant laws were subsequently made in response to the AIC review. 

In addition to requiring law changes to implement the above resolutions, the agreement 

provided for the establishment of a twelve-month national amnesty and compensation program, 

to be accompanied by a public education campaign, after which the jurisdictions would apply 

“severe penalties” for breaches of the firearms control laws.39 This resolution was implemented 

through a national firearms buyback program, which saw the federal Parliament enacting the 

National Firearms Program Implementation Act 1996 (Cth).40 The Medicare Levy Amendment 

33 Id. res. 4. 

34 Id. 

35 Id. res. 6. 

36 Id. res. 8. 

37 See Successful Implementation of the Laws, THE AUSTRALIAN FIREARMS BUYBACK (archived website),

http://pandora.nla.gov.au/nph-wb/20000426130000/http://www.gun.law.gov.au/Guns/legislation/success.htm (last 

visited Dec. 21, 2012). 

38 See BRICKNELL, supra note 7. 

39 APMC Resolutions, supra note 22, res. 11. 

40 National Firearms Program Implementation Act 1996 (Cth), http://www.comlaw.gov.au/Details/C2004 

C00875. 

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Firearms-Control Legislation and Policy 

Act 1996 (Cth) was also enacted in relation to providing funding for the compensation to be paid 

to gun owners who handed in weapons that fell within the prohibited categories.41 

The buyback program started in most states on October 1, 1996, and ended on September 

30, 1997. More than 640,000 prohibited firearms were surrendered nationwide as part of the 

buyback program.42 In addition, it was reported that about 60,000 nonprohibited firearms were 

voluntarily surrendered without compensation.43 According to a telephone poll conducted in 

1999 on behalf of the federal government by Gun Control Australia, there were about 3.25 

million guns in Australia prior to the 1996–1997 buyback program.44 One study on the impact 

of the buyback states that “[i]n terms of the absolute numbers of guns destroyed, Australia’s gun 

buyback ranks as the largest destruction of civilian firearms in any country over the period 1991–

2006.”45 The buyback was reported to have resulted in the withdrawal of one-fifth of the stock 

of civilian firearms in the country and substantially reduced the number of households 

possessing a firearm.46 

IV. 2002 Trafficking and Handgun Agreements

In July 2002, the APMC agreed to several resolutions aimed at controlling the illegal 

trade in firearms in Australia. The National Firearm Trafficking Policy Agreement called for 

 increased border protection;

 the introduction of nationally consistent regulation of the legal manufacture

of firearms;

 the establishment of new offences or substantial penalties for matters relating to:

– the illegal possession and supply of firearms;

– the defacing of serial numbers;

– conspiracy to commit interstate firearm wrongdoings; and

41 Medicare Levy Amendment Act 1996 (Cth), http://www.comlaw.gov.au/Details/C2004A05036. 

42 National Tally, THE AUSTRALIAN FIREARMS BUYBACK (archived website), http://pandora.nla.gov.au/nphwb/20000426130000/http://www.gun.law.gov.au/Guns/tally/tally.htm (last visited Dec. 21, 2012); AUSTRALIAN 

NATIONAL AUDIT OFFICE, THE GUN BUY-BACK SCHEME 6 (1997), http://www.anao.gov.au/uploads/documents/ 

1997-98_Audit_Report_25.pdf. 6. 

43 See Simon Chapman & Philip Alpers, Tight Gun Controls the Most Powerful Weapon, THE SYDNEY

MORNING HERALD (Apr. 27, 2006), http://www.smh.com.au/news/opinion/tight-gun-controls-the-most-powerfulweapon/2006/04/26/1145861416502.html. 

44 See Janet Phillips et al., Firearms in Australia: A Guide to Electronic Resources (Australian 

Parliamentary Library, Aug. 9, 2007), http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/ 

Parliamentary_Library/pubs/BN/0708/FirearmsAustralia. 

45 Andrew Leigh & Christine Neill, Do Gun Buybacks Save Lives? Evidence from Panel Data, 12(2) AM.

LAW & ECON. REV. 510 (2010), available at http://andrewleigh.org/pdf/GunBuyback_Panel.pdf. 

46 Id. at 522. 

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Firearms-Control Legislation and Policy 

 tighter recording and reporting provisions for dealer transactions involving firearm

and major firearm parts.47

In addition to subsequent changes to state and territory legislation in response to the 

resolutions, an amendment to the federal Criminal Code Act 1995 was enacted to make it a 

criminal offense, “in the course of trade and commerce between any states and territories, to 

illegally dispose of or acquire a firearm, or to take or send a firearm from one state or territory to 

another, intending that the firearm will be disposed of illegally.” 48

Later in 2002, on October 21, two people were killed and five injured as a result of a 

shooting incident in a classroom at Monash University in Melbourne, Victoria. The gunman, 

who had been armed with several loaded handguns, was a licensed pistol owner and member of 

the Sporting Shooters Association of Australia. He was later found not guilty of the murders on 

the grounds of mental impairment and sentenced to spend twenty-five years in a psychiatric 

hospital.49 The incident led to renewed debate about gun control laws, particularly in relation 

to handguns.50

At a meeting of the APMC in November 2002, various resolutions were agreed to, which 

included restricting the classes of legal handguns that can be imported or possessed for sporting 

purposes, changing licensing requirements for handguns, and exploring options for a buyback 

program for those guns deemed illegal.51 The Council of Australian Governments (COAG) 

endorsed the resolutions in December 2002, and these formed the National Handgun 

Control Agreement.52 

The agreed restrictions were implemented through state and territory amendment 

legislation53 and through changes to the Customs (Prohibited Imports) Regulations 1956 (Cth).54 

The latter instrument was amended to 

47 BRICKNELL, supra note 7. 

48 Id. (referring to Crimes Legislation Amendment (People Smuggling, Firearms Trafficking and Other 

Measures) Act 2002 (Cth) sch 2, http://www.comlaw.gov.au/Details/C2004A01078; Criminal Code Act 1995 (Cth) 

pt 9.4, http://www.comlaw.gov.au/Details/C2012C00913). 

49 See Killer Sent to Psych Hospital, THE SYDNEY MORNING HERALD (June 17, 2004), 

http://www.smh.com.au/articles/2004/06/17/1087245033577.html. 

50 See Annabel Crabb et al., PM Flags Tougher Gun Laws, THE AGE (Oct. 23, 2002), 

http://www.theage.com.au/articles/2002/10/22/1034561495101.html; Phillip Hudson, Government Puts 259 Guns 

on Banned List, THE AGE (Nov. 8, 2002), http://www.theage.com.au/articles/2002/11/07/1036308423794.html. 

51 APMC Firearms (Handguns) Resolutions November 2002, available at http://www.customs.gov.au/ 

webdata/resources/files/Mediaattachment021128.pdf. 

52 See Phillips et al., supra note 44. 

53 See, e.g., NSW, Parliamentary Debates, 3 July 2003, 2733, Second Reading of Firearms Amendment 

(Prohibited Pistols) Bill, http://www.parliament.nsw.gov.au/prod/parlment/hansart.nsf/V3Key/LC20030703014. 

54 Customs (Prohibited Imports) Amendment Regulations 2002 (No. 4) (Cth), http://www.comlaw.gov.au/ 

Details/F2002B00339; 

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Firearms-Control Legislation and Policy 

prevent the importation of prohibited handguns and handgun parts with the following 

features by sporting shooters, or their direct sale by firearms dealers/importers to sporting 

shooters: 

 a calibre that is greater than .38, unless the handgun is used to participate in a

specially accredited sporting event in that case a calibre of up to .45 will be permitted

 a barrel length of less than 120 mm for semi-automatic handguns and less than 100

mm for revolvers and single-shot handguns, unless the handgun is a highly

specialised target pistol

 a magazine/shot capacity that exceeds 10 rounds.55

The federal Parliament also enacted the National Handgun Buyback Act 2003, which 

provided for financial assistance to be granted to states in connection with the implementation of 

a buyback program for handguns that did not comply with the new restrictions.56 The buyback 

program, which was implemented by the individual states and territories, resulted in about 

70,000 handguns and more than 278,000 parts and accessories being surrendered.57

V. Statistical Information and Analysis 

There have been multiple studies and reports over the years that provide statistics and 

analysis regarding various aspects of gun ownership and violence in Australia, including in 

relation to the impact of the 1996 reforms and buyback program. The references below to both 

government and academic reports or studies are not intended to be exhaustive. 

A. Government Information 

In 1997, following an agreement at the July 1996 APMC meeting, the AIC established a 

national firearms monitoring program, which includes tracking and analyzing firearm theft 

information.58 The AIC also monitors homicide rates and other violent crimes,59 including the 

weapons associated with these.60 The Australian Crime Commission (ACC) provides reports 

and analysis on aspects of nationally significant crime, and in February 2012 it was asked to 

55 Phillips et al., supra note 44. 

56 National Handgun Buyback Act 2003, http://www.comlaw.gov.au/Details/C2004C01326. For 

background information see Australian Parliamentary Library, National Handgun Buyback Act 2003 (Bills Digest 

No. 155, May 22, 2003), http://parlinfo.aph.gov.au/parlInfo/download/legislation/billsdgs/7CE96/upload_binary/ 

7CE96.pdf. 

57 Phillips et al., supra note 44. 

58 See generally National Firearms Monitoring Program, AIC, http://www.aic.gov.au/about_aic/research_ 

programs/nmp/0002.html (last visited Dec. 21, 2012). 

59 See generally Australian Crime: Facts and Figures, AIC, http://www.aic.gov.au/publications/current% 

20series/facts/1-20.html (last visited Dec. 21, 2012). 

60 See generally Weapons, AIC, http://www.aic.gov.au/crime_types/violence/weapons.html (last visited 

Dec. 21, 2012). 

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Firearms-Control Legislation and Policy 

undertake an intelligence assessment of the illegal firearms market.61 Findings of some of the 

reports of these government entities include the following: 

Firearm Numbers

 An AIC report published in 1988 stated that there were at least 3.5 million privately

owned guns of all types (including registered, unregistered, licensed, and unlicensed)

in Australia, with more than a quarter of Australian households possessing a gun.62

 In June 2012, the ACC report on illicit firearms noted that there are more than 2.75

million registered firearms in Australia held by more than 730,000 individual license

holders63 (the current population of Australia is approximately 22.8 million64).

 An AIC report from 2008 on the criminal use of handguns in Australia found that by

June 30, 2006, 130,903 handguns had been registered in Australia (excluding South

Australia), which accounted for 6% of all registered firearms at that time.65

 The ACC recently made a “conservative estimate” that there are more than 250,000

long-arms and 10,000 handguns in the illicit firearms market in Australia.66 Of these,

44% were not surrendered or registered after the Port Arthur massacre and 12% were

stolen or the subject of staged theft.67

 The AIC’s 2008–09 report on firearm theft estimated that around 1,500 firearms are

stolen each year, the majority being long-arms, with relatively few

firearms recovered.68

 The 2008–09 firearm theft report also provided information on the status of

compliance with firearms storage laws, finding that 60% of owners who reported a

firearms theft in that year were determined to have complied with these laws. The

61 Press Release, Jason Clare MP, Final Report of the National Investigation into the Illegal Firearms 

Market (June 29, 2012), http://www.jasonclare.com.au/media/portfolio-releases/home-affairs-and-justice-releases/ 

949-final-report-of-the-national-investigation-into-the-illegal-firearms-market.html. 

62 AIC, FIREARMS AND VIOLENCE IN AUSTRALIA (AIC Trends & Issues in Crime and Criminal Justice No. 

10, Feb. 1988), http://www.aic.gov.au/documents/A/8/4/%7BA84819A6-AC46-4A82-A049-841A3F3A9730% 

7Dti10.pdf. 

63 Press Release, Jason Clare MP, supra note 61. 

64 Population Clock, AUSTRALIAN BUREAU OF STATISTICS, http://www.abs.gov.au/ausstats/abs@.nsf/ 

0/1647509ef7e25faaca2568a900154b63?opendocument (last visited Dec. 21, 2012). 

65 SAMANTHA BRICKNELL, CRIMINAL USE OF HANDGUNS IN AUSTRALIA (AIC Trends & Issues in Crime 

and Criminal Justice No. 361, Sept. 2008), http://aic.gov.au/publications/current%20series/tandi/361-380/tandi361 

.html. 

66 Illicit Firearms, AUSTRALIAN CRIME COMMISSION (ACC), http://www.crimecommission.gov.au/ 

publications/crime-profile-series-fact-sheet/illicit-firearms (last visited Dec. 20, 2012); ACC, ILLICIT FIREARMS

(Nov. 5, 2012), http://www.crimecommission.gov.au/sites/default/files/files/fact_sheets/Illicit 

%20Firearms%20FACT%20SHEET%20021112%20low%20res.pdf. 

67 Press Release, Jason Clare MP, supra note 61. See also BRICKNELL, supra note 7. 

68 SAMANTHA BRICKNELL, FIREARM THEFT IN AUSTRALIA 2008-09 (AIC Monitoring Report No. 16, Oct. 

2011), http://www.aic.gov.au/publications/current%20series/mr/1-20/16.html. 

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Firearms-Control Legislation and Policy 

principal location for firearm theft was private dwellings.69 Between 2004–05 and 

2008-09, around 25% of firearm owners who reported a theft of their firearms were 

“found, or suspected, to be in breach of one or more firearms laws.”70

Firearm Deaths

 The AIC’s 1988 report found that one third of all reported murders in Australia were

committed with firearms, with gunshot wounds being “the single most common cause

of death among homicide victims” and with research showing that “guns substantially

increase the probability that death, rather than injury, will be the end result of a

firearm attack.”71

 A 2003 report on firearms-related deaths between 1991 and 2001 found that

[i]n 1991 there were 629 firearm related deaths in Australia compared to 333 in 

2001. This represents a 47 per cent decrease in firearms deaths between 1991 

and 2001. The incidence of both firearms suicides and firearms homicides 

almost halved over the 11 year period. While the number of firearms homicides 

has continued to decline, with 2001 recording the lowest number of firearms 

homicides during this period (n=47), the number of firearms suicides declined 

consistently from 1991 to 1998, but has since fluctuated. The number of firearm 

related accidents also fluctuated over the same period, from 29 firearms accidents 

in 1991 to 18 in 2001, but ranging between 15 and 45 over this time. While the 

numbers are quite small, the year 2000 recorded the highest number of firearms 

accidents (45 accidents) during the 11 year period.72

 The AIC’s 2008 handgun report stated that firearms are used in an average of 20% of

homicides committed each year in Australia, and that “[i]n 2005–06, firearm

homicides fell to their lowest level in 13 years: 14 percent of all homicide victims.

Since 1992–93, firearm homicide as a proportion of all homicides has halved,

continuing a general downward trend in firearm homicide that began in the early

1980s.”73 In terms of handgun use in homicides, the report found that

[d]uring the early to mid-1990s, handguns accounted for less than 20 percent of 

all firearm homicides, but over the following 10 years this percentage increased 

to around 50 percent. This increase immediately followed the National Firearms 

Agreement in 1996, and it has been proposed that restrictions in the availability 

and access to certain firearms, and who can own a firearm, led to greater use of 

69 Id., under the heading “The nature of firearm theft incidents.” 

70 Id., under the heading “Compliance with firearm laws.”

71 Firearms and Violence in Australia, supra note 62. 

72 JENNY MOUZOS & CATHERINE RUSHFORTH, FIREARMS RELATED DEATHS IN AUSTRALIA, 1991-2001 

(AIC Trends & Issues in Crime and Criminal Justice No. 269, Nov. 2003), http://www.aic.gov.au/publications/ 

current%20series/tandi/261-280/tandi269/view%20paper.html. 

73 BRICKNELL, supra note 65. Note that the fiscal year in Australia, which is used for government 

reporting, budget, and tax purposes, is July 1 to June 30. 

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Firearms-Control Legislation and Policy 

illegitimate means to acquire firearms, particularly those that are easily concealed 

such as handguns.74

 Other findings in the handgun report included that “[t]he majority of homicides,

regardless of the method used to kill the victim, were ‘single victim/single offender’

incidents. Homicides committed by an individual using a handgun were more likely

to result in multiple victims than homicides in general (11% compared with 5%), but

only slightly more so when compared with all firearm homicides (9%).”75

Furthermore, the report stated that “[t]he majority of firearms used to commit

homicide in Australia since 1989–90 were held unlawfully at the time.”76

 The most recently available AIC annual crime survey found that “[t]he proportion of

homicide victims killed by offenders using firearms in 2009–10 represented a

decrease of 18 percentage points from the peak of 31 percent in 1995–96 (the year in

which the Port Arthur massacre occurred with the death of 35 people, which

subsequently led to the introduction of stringent firearms legislation).”77

 A 2012 AIC report on firearm trafficking referred to a forthcoming study in

stating that

[i]n Australia, the number of victims of firearm-perpetrated homicide (ie murder 

and manslaughter) has declined by half between 1989–90 and 2009–10 from 24 

to 12 percent. (Chan & Payne forthcoming). The predominance of handgunperpetrated homicide, as a proportion of all firearm homicide, rose from 17 to 45 

percent between 1992–93 and 2006–07 (Bricknell 2008b; Dearden & Jones 

2008) but dropped again in the following three years to a little over 10 percent. 

For the most recent year available (2009–10), handgun homicide comprised 13 

percent of all homicides that were committed with a firearm (Chan & Payne 

forthcoming).78

B. Nongovernment Studies 

A range of Australian firearms statistics can also be found on the website of 

GunPolicy.org, a nonprofit entity hosted by the Sydney School of Public Health at The 

University of Sydney.79 In January 2013, the author of that website, Associate Professor Philip 

Alpers, published figures relating to the impact of multiple gun buybacks and amnesties on the 

number of guns in Australia.80 His research found that, due to an increasing number of guns 

74 Id. (internal reference omitted). 

75 Id. 

76 Id. 

77 AIC, AUSTRALIAN CRIME: FACTS & FIGURES: 2011 at ch 2 (Mar. 2012), http://www.aic.gov.au/ 

publications/current%20series/facts/1-20/2011.html. 

78 BRICKNELL, supra note 7, under the heading “Characteristics and dynamics of firearms trafficking.” 

79 Australia – Gun Facts, Figures and the Law, GUNPOLICY.ORG, http://www.gunpolicy.org/firearms/ 

region/australia (last visited Dec. 21, 2012). 

80 Philip Alpers & Marcus Wilson, Australian Firearm Amnesty, Buyback and Destruction Totals: Official 

Tallies and Media-reported Numbers, 1987-2012 (Sydney School of Public Health, The University of Sydney, Jan. 

10, 2013), http://www.gunpolicy.org/documents/doc_download/5337-alpers-australian-firearm-amnesty-buybackThe Law Library of Congress 27 
Firearms-Control Legislation and Policy 

being imported into Australia, “Australians own as many guns now as they did at the time of the 

Port Arthur massacre, despite more than 1 million firearms being handed in and destroyed.”81 

Alpers said that most of the new guns being imported are not military style semiautomatics and 

also that handguns are difficult to import. He also claimed that there was little evidence to 

suggest that illegally imported weapons are a significant issue, with the main problem being 

criminals obtaining legal firearms that had been lost or stolen. However, a police superintendent 

in New South Wales refuted this, saying that illegal imports are in fact a big challenge 

for police.82

Professor Alpers’ paper for a conference on firearms policy at Johns Hopkins University 

held in January 2013 discussed the buybacks and cited various studies of the impact of 

Australia’s firearms law reforms.83

Papers by other academic researchers relating to the impact of firearms law reforms 

include the following: 

 J. Ozanne-Smith et al., Firearm Related Deaths: The Impact of Regulatory Reform,

10(5) INJ. PREV. 280 (2004). This paper examined firearms-related deaths in the state

of Victoria in the context of legislative reforms in 1988 and 1996. It found that

“[a]fter initial Victorian reforms, a significant downward trend was seen for numbers

of all firearm related deaths between 1988 and 1995 (17.3% in Victoria compared

with the rest of Australia, p<0.0001). A further significant decline between 1997 and

2000 followed the later reforms. After the later all-state legislation, similar strong

declines occurred in the rest of Australia from 1997 (14.0% reduction compared with

Victoria, p = 0.0372).”84

 S. Chapman et al., Australia’s 1996 Gun Law Reforms: Faster Falls in Firearm

Deaths, Firearm Suicides, and a Decade Without Mass Shootings, 12(6) INJ. PREV.

and-destruction-totals; Press Release, The University of Sydney, Australian Shooters Restock Arsenal to pre-Port 

Arthur Numbers (Jan. 14, 2013), http://sydney.edu.au/news/84.html?newscategoryid=1&newsstoryid=10824; Philip 

Alpers & Marcus Wilson. 

81 Nick Ralston, Australia Reloads as Gun Amnesties Fail to Cut Arms, THE SYDNEY MORNING HERALD

(Jan. 14, 2013), http://www.smh.com.au/national/australia-reloads-as-gun-amnesties-fail-to-cut-arms-20130113-

2cnnq.html. See also AAP, Aussies Own as Many Guns as Before 1996 Port Arthur Massacre, THE AUSTRALIAN

(Jan. 14, 2013), http://www.theaustralian.com.au/news/aussies-own-as-many-guns-as-before-1996/story-e6frg6n6-

1226553311691. 

82 Lisa Davies, Illegal Guns are Not a Problem, Says Study Author – But Police Disagree, THE SYDNEY 

MORNING HERALD (Jan. 15, 2013), http://www.smh.com.au/national/illegal-guns-are-not-a-problem-says-studyauthor--but-police-disagree-20130114-2cpt6.html. 

83 Philip Alpers, The Big Melt: How One Democracy Changed After Scrapping a Third of its Firearms

(Conference Paper for the Summit on Reducing Gun Violence in America: Informing Policy with Evidence and 

Analysis, Johns Hopkins Bloomberg School of Public Health, Jan. 15, 2013), 

http://www.gunpolicy.org/firearms/region/cp/australia. 

84 J. Ozanne-Smith et al., Firearm Related Deaths: The Impact of Regulatory Reform, 10(5) INJ. PREV. 280 

(2004), http://injuryprevention.bmj.com/content/10/5/280.full. 

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Firearms-Control Legislation and Policy 

365 (2006). This paper states that “[i]n the 18 years before the gun law reforms, there 

were 13 mass shootings in Australia, and none in the 10.5 years afterwards.” 85

 Jeanine Baker & Samara McPhedran, Gun Laws and Sudden Death: Did the

Australian Firearms Legislation of 1996 Make a Difference?, BR. J. CRIMINOLOGY

(2006). The authors commented that the stricter gun laws introduced post-1996 in

Australia did not affect firearms homicide rates and may also not have impacted gun

suicide and accidental shooting death rates. They concluded that “[t]here is

insufficient evidence to support the simple premise that reducing the stockpile of

licitly held civilian firearms will result in a reduction in either firearm or overall

sudden death rates.”86

 Christine Neill & Andrew Leigh, Weak Tests and Strong Conclusions: A Re-Analysis

of Gun Deaths and the Australian Firearms Buyback (Australian National University

Center for Economic Policy Discussion Paper No. 555, June 2007). This paper

revisits the Baker and McPhedran study above as well as examining the approaches in

the Ozanne-Smith and Chapman studies. The authors state that their re-analysis of

the data, either by using a longer time series or the log of the death rate, “shows a

statistically significant reduction in deaths due to both firearm homicides

and suicides.” 87

 Wang-Sheng Lee & Sandy Suardi, The Australian Firearms Buyback and Its Effect

on Gun Deaths (Melbourne Institute of Applied Economic and Social Research

Working Paper No. 17/08, Aug. 2008). This paper also reanalyzes data on firearms

deaths that was used in previous research, using figures spanning the period from

1915 to 2004.88 The authors used “an alternative time-series approach based on

unknown structural breaks” in analyzing the data to determine the impact of the

National Firearms Agreement on homicide and suicide.89 They conclude that

“[u]sing a battery of structural break tests, there is little evidence to suggest that [the

NFA] had any significant effects on firearm homicides and suicides. In addition,

there also does not appear to be any substitution effects – that reduced access to

firearms may have led those bent on committing homicide or suicide to use

85 S. Chapman et al., Australia’s 1996 Gun Law reforms: Faster Falls in Firearm Deaths, Firearm 

Suicides, and a Decade Without Mass Shootings, 12(6) INJ. PREV. 365 (2006), http://injuryprevention.bmj.com/ 

content/12/6/365.full; original article also available at http://tobacco.health.usyd.edu.au/assets/pdfs/OtherResearch/2006InjuryPrevent.pdf. 

86 Jeanine Baker & Samara McPhedran, Gun Laws and Sudden Death: Did the Australian Firearms 

Legislation of 1996 Make a Difference?, BR. J. CRIMINOL. (2006), available at http://armsandthelaw.com/archives/ 

GunLawsSudden%20DeathBJC.pdf. 

87 Christine Neill & Andrew Leigh, Weak Tests and Strong Conclusions: A Re-Analysis of Gun Deaths and 

the Australian Firearms Buyback 12 (Australian National University Centre for Economic Policy Discussion Paper 

No. 555, June 2007), https://digitalcollections.anu.edu.au/bitstream/1885/45285/3/DP555.pdf. 

88 Wang-Sheng Lee and Sandy Suardi, The Australian Firearms Buyback and Its Effect on Gun Deaths, at 6 

(Melbourne Institute of Applied Economic and Social Research Working Paper No. 17/08, Aug. 2008), 

http://www.melbourneinstitute.com/downloads/working_paper_series/wp2008n17.pdf. This was the same data used 

in the Neill and Leigh study of 2007. 

89 Id. at 3. 

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Firearms-Control Legislation and Policy 

alternative methods.”90 Finally, the authors state that “[a]lthough gun buybacks 

appear to be a logical and sensible policy that helps to placate the public’s fears, the 

evidence so far suggests that in the Australian context, the high expenditure incurred 

to fund the 1996 gun buyback has not translated into any tangible reductions in terms 

of firearm deaths.”91

In a more recent study by the authors of the 2007 discussion paper listed above, the 

distinctions between the Australian firearm buybacks and those in other countries were noted, 

including differences in scale, the fact that the policy was applied nationwide and was 

accompanied by a ban on particular weapons, differences in geography (i.e., the lack of land 

borders), and the absence of firearms manufacturing in Australia.92 The paper examined the gun 

buyback and gun death data both across states and over time, and considered a number of 

variables and trends, in order to answer the question of “whether firearm deaths dropped 

proportionately more in states where relatively more firearms were bought back.”93 The paper 

includes the following information and analysis: 

 Nationally, firearm suicides dropped from a rate of 2.2 per 100,000 people in 1995 to

0.8 in 2006. Firearm homicides also dropped, from 0.37 per 100,000 people in 1995

to 0.15 in 2006. These figures show “drops of 65% and 59%, respectively, and

among a population of 20 million individuals, represent a decline in the number of

deaths by firearm suicide of about 300 and in the number of deaths by firearm

homicide of about 40 per year. At the same time, the non-firearm suicide rate has

fallen by 27% and the non-firearm homicide rate by 59%.”94

 The authors found that “[t]he effect of the buyback on firearm suicides is clear.

Withdrawing 3,500 guns per 100,000 individuals (approximately the rate of

withdrawal due to the NFA) is estimated to reduce firearm suicides by 1.9 per

100,000. This represents a 74% decline from the 1990–95 average of 2.55, or 376

fewer deaths per year given Australia’s population of around 20 million.”95

 The authors further stated that “[t]he estimates show very consistently a marked

relative decline in firearm suicides in states with higher buyback rates after 1997,”

while the “estimates on firearm homicides are less consistent, likely because of the

greater volatility in firearm homicides.”96 In addition, “the estimates show no

90 Id. at 23. 

91 Id. at 23–24. 

92 Leigh & Neill, supra note 45, at 510–11 (2010). Full results of aspects of this study are also contained in 

Andrew Leigh & Christine Neill, Do Gun Buybacks Save Lives? Evidence from Panel Data (IZA [Institute for Study 

of Labor] Discussion Paper No. 4995, June 2010), http://ftp.iza.org/dp4995.pdf. 

93 Leigh & Neill, supra note 45, at 524. 

94 Id. at 518. 

95 Id. at 532–33. 

96 Id. at 535. 

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Firearms-Control Legislation and Policy 

evidence that higher buyback rates were associated with any statistically significant 

difference in non-firearm homicide or suicide rates.”97

 The authors concluded that “key studies based on time series data have agreed that

there has been a significant fall in the number of firearm suicides in Australia since

1997” and that “[f]irearm homicides also appear to have declined substantially,

though with a smaller number of deaths per year, it is more difficult to be sure that

this change was related to the NFA.”98 At a minimum, they said, “there is some time

series evidence against the notion that stricter gun laws have led to increases in

total homicides.”99

 The authors also concluded that “[t]here is evidence that states with relatively high

firearm ownership and therefore high gun buyback rates also had relatively weak

regulation prior to 1996. Then, our estimates need to be interpreted as reflecting a

combination of both the removal of firearms and the relative strengthening of

legislation and enforcement. We might expect to see smaller effects in the case of a

buyback that was not accompanied by stricter firearm legislation.”100

VI. Recent Discussions and Actions

 Discussions about Australia’s gun laws have continued in 2012, including in response to 

some of the above reports and findings and following various incidents involving firearms.101

In June 2012, federal, state, and territory governments reached an agreement on major 

reforms relating to combating the illicit firearms market.102 The agreed measures include 

 a federal offense of aggravated firearms trafficking across national and state borders

that would carry a maximum penalty of life imprisonment;

 the national rollout of the Australian Ballistics Identification Network, currently used

by the Australian Federal Police and New South Wales Police;

 the establishment of a National Firearms Register;103

97 Id. at 538. 

98 Id. at 551. 

99 Id. 

100 Id. at 544. 

101 See, e.g., Samantha Lee, Why Do We Need Any More Semi-Automatic Pistols in Australia, THE SYDNEY 

MORNING HERALD (Apr. 18, 2012), http://www.smh.com.au/opinion/society-and-culture/why-do-we-need-anymore-semiautomatic-pistols-in-australia-20120417-1x5jh.html. 

102 Press Release, Hon. Jason Clare MP, Major Agreement to Tackle the Illegal Firearms Market (June 29, 

2012), http://www.ministerhomeaffairs.gov.au/Mediareleases/Pages/2012/Second%20Quarter/29-June-2012---

Major-agreement-to-tackle-the-illegal-firearms-market.aspx. The agreement particularly responds to the 

recommendations contained in the AIC report on firearms trafficking and serious and organized crime. BRICKNELL, 

supra note 7. 

103 See Fran Milloy, New Registry to Keep Track of ‘Lost’ Guns, THE SYDNEY MORNING HERALD (July 4, 

2012), http://www.smh.com.au/it-pro/government-it/new-registry-to-keep-track-of-lost-guns-20120704-21gn4.html. 

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Firearms-Control Legislation and Policy 

 expansion of the ACC’s firearms tracing capability;

 an assessment of vulnerabilities around the national air stream, including the

international mail environment, to be jointly conducted by the ACC, Australian

Federal Police, Customs, and NSW Police;

 the development of a “coordinated national operational response to crimes involving

firearms including targeted enforcement of high risk groups and improving firearms

technical skills capabilities.”104 This will include seeking assistance from the United

States Bureau of Alcohol, Tobacco and Firearms to provide training on the latest

developments in firearms and technical advice; and

 a national campaign to raise community awareness about unlicensed firearms.

The federal Minister for Home Affairs and Minister of Justice also proposed additional 

reforms for further consideration by the states and territories.105 Prior to the agreement, in April 

2012, the federal government established a Firearm Intelligence Targeting Team inside Customs 

and Border Protection to “fuse together all available intelligence from law enforcement agencies 

and target criminal key groups at the border.”106 

On November 28, 2012, the Crimes Legislation Amendment (Organised Crime and Other 

Measures) Bill 2012 was introduced in the federal Parliament.107 This bill contains provisions 

arising from the first agreed measure listed above.108

The 1996 agreement to establish a “nationwide firearms registration system” led to the implementation of the 

National Firearms and Licensing Registration System. This system is currently run by CrimTrac, an entity 

established in 2000 to share information between the nine policing agencies. However, the current system involves 

“more than 30 different databases dealing with various aspects of firearms registration around the nation.” Id. The 

new measures agreed in 2012 to address firearms trafficking include reducing the number of databases to three: an 

“Interpol-compliant National Firearms Identification Database (NFID), a ‘cradle-to-the-grave’ new National 

Firearms Registry and a national ballistic identification network capable of linking fired cartridge cases from a crime 

scene to the firearm used.” Id. The new system will apparently be based on the Firearms Reference Table 

developed by the Royal Canadian Mounted Police, which has also been adopted by Interpol. 

104 Press Release, Hon. Jason Clare MP, supra note 102. 

105 Id. 

106 Id. See also Press Release, Hon. Jason Clare MP, Update on National Illicit Firearms Assessment and 

Establishment of Firearms Intelligence and Targeting Team (Apr. 12, 2012), 

http://www.ministerhomeaffairs.gov.au/Mediareleases/Pages/2012/Second%20Quarter/12-April-2012--Update-onNational-Illicit-Firearms-Assessment-and-Establishment-of-Firearms-Intelligence-and-Targeting-Team.aspx; AAP, 

Government Launches New Gun Intelligence Unit, THE AUSTRALIAN (Apr. 12, 2012), http://www.theaustralian.com. 

au/news/breaking-news/government-launches-new-gun-intelligence-unit/story-fn3dxity-1226325158137. 

107 Crimes Legislation Amendment (Organised Crime and Other Measures) Bill 2012, PARLIAMENT OF

AUSTRALIA, http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId= 

r4928. See also Press Release, Hon. Jason Clare MP, Tackling the Illegal Firearms Market (Nov. 23, 2012), 

http://www.ministerhomeaffairs.gov.au/Mediareleases/Pages/23-November-2012---Tackling-the-illegal-firearmsmarket.aspx. 

108 Speech, Hon. Jason Clare MP, Crimes Legislation Amendment (Organised Crime and Other Measures) 

Bill 2012 Second Reading Speech, Nov. 28, 2012, http://www.ministerhomeaffairs.gov.au/Speeches/Pages/2012/ 

Fourth%20Quarter/28November-2012-CrimesLegislationAmendment%28OrganisedCrimeandOtherMeasures% 

29Bill2012SecondReadingSpeech.aspx. 

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Firearms-Control Legislation and Policy 

Other activities relating to gun control laws in the states and territories in 2012 included 

the following: 

 In New South Wales, legislation was enacted in June 2012 to place further restrictions

on the sale and purchase of ammunition.109

 In December 2012, the New South Wales government announced that it had

established a committee to provide advice on proposed new gun control legislation

that would tighten restrictions in some areas.110

 In South Australia, the state attorney-general announced a gun amnesty campaign in

June 2012, which ran from August 1 to October 31, 2012.111 It was reported that

2,783 weapons were surrendered to authorities during the three-month period.112

 In Queensland, the police minister established an advisory panel in August 2012 to

examine gun laws and licensing with the aim of reducing red tape for licensed

firearms owners,113 generating a strong negative response from the Queensland

Police Union.114

 The Queensland government also introduced amending legislation in November 2012

to introduce new mandatory minimum penalties for weapons offenses “in an effort to

address the unlawful use of firearms.”115 It also announced a gun amnesty for people

109 Firearms Amendment (Ammunition Control) Bill 2012, PARLIAMENT OF NEW SOUTH WALES,

http://www.parliament.nsw.gov.au/prod/parlment/nswbills.nsf/0/7D714D724CF1852DCA2579A4001B0B8C?Open

&shownotes (last visited Dec. 21, 2012). 

110 AAP, NSW Govt to Tighten Gun Control, Herald Sun (Dec. 20, 2012), http://www.heraldsun.com.au/ 

news/breaking-news/nsw-gun-body-rejected-law-changes-report/story-e6frf7kf-1226540783897. 

111 Gun Amnesty Campaign 2012, SOUTH AUSTRALIA ATTORNEY-GENERAL’S DEPARTMENT, http://www. 

agd.sa.gov.au/about-agd/what-we-do/initiatives/gun-amnesty-campaign-2012 (last visited Dec. 21, 2012). 

112 Record Haul from SA Gun Amnesty, ABC NEWS (Nov. 1, 2012), http://www.abc.net.au/news/2012-11-

01/record-haul-from-sa-gun-amnesty/4346204. 

113 Press Release, Hon. Jack Dempsey, Panel Created to Cut Weapons Red Tape (Aug. 27, 2012), 

http://statements.qld.gov.au/Statement/Id/80312. 

114 Rosanne Barrett, Queensland Gun Lobby Takes Aim at Red-Tape Hold-Up, THE AUSTRALIAN (Aug. 28, 

2012), http://www.theaustralian.com.au/national-affairs/state-politics/gun-lobby-takes-aim-at-red-tape-hold-up/story 

-e6frgczx-1226459405120; Daniel Hurst, ‘More People Will Die’: Police Union Berates Gun Law Overhaul, 

BRISBANE TIMES (Aug. 27, 2012), http://www.brisbanetimes.com.au/queensland/more-people-will-die-police-unionberates-gun-law-overhaul-20120827-24vdz.html. 

115 Weapons and Other Legislation Amendment Act 2012, QUEENSLAND POLICE,

http://www.police.qld.gov.au/programs/weaponsLicensing/about/legislation/weaponsamendments2012.htm (last 

visited Dec. 21, 2012). 

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Firearms-Control Legislation and Policy 

to either hand in or register their firearms.116 The bill was passed in 

December 2012.117

Prepared by Kelly Buchanan 

Chief, Foreign, Comparative, and 

International Law Division I 

116 See AAP, Qld Government to Call Three-Month Gun Amnesty, COURIER MAIL (Nov. 1, 2012), 

http://www.couriermail.com.au/news/breaking-news/qld-govt-to-call-three-month-gun-amnesty/story-e6freono1226508282676. 

117 Bills This Parliament, QUEENSLAND PARLIAMENT, http://www.parliament.qld.gov.au/work-of-assembly/ 

bills-and-legislation/current-bills-register (last visited Dec. 21, 2012). 

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Firearms-Control Legislation and Policy 

Appendix: Current State and Territory Firearms Legislation in Australia 

New South Wales 

 Firearms Act 1996 (NSW)

 Firearms Regulation 2006 (NSW)

 Weapons Prohibition Act 1998 (NSW)

 Weapons Prohibition Regulation 2009 (NSW)

Victoria

 Firearms Act 1996 (Vic)

 Firearms Regulations 2008 (Vic)

 Control of Weapons Act 1990 (Vic)

 Control of Weapons Regulations 2011 (Vic)

Queensland 

 Weapons Act 1990 (Qld)

 Weapons Regulations 1996 (Qld)

 Weapons Categories Regulations 1997 (Qld)

Western Australia

 Firearms Act 1973 (WA)

 Firearms Regulations 1974 (WA)

South Australia

 Firearms Act 1977 (SA)

 Firearms Regulations 2008 (SA)

Tasmania

 Firearms Act 1996 (Tas)

 Firearms Regulations 2006 (Tas)

Northern Territory

 Firearms Act (NT)

 Firearms Act Regulations (NT)

Australian Capital Territory 

 Firearms Act 1996 (ACT)

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The Law Library of Congress 36 

 Firearms Regulation 2008 (ACT) 

 Prohibited Weapons Act 1996 (ACT) 

 Prohibited Weapons Regulation 1997 (ACT)
BRAZIL 

FIREARMS-CONTROL LEGISLATION AND POLICY 

Summary 

In Brazil, the federal government has the power to legislate on issues 

related to firearms. The handling, trading, or possession of materials for the 

production of weapons without a license is criminalized. It is also a crime to 

expose a child or adolescent to firearms. In 2003, a more rigid federal law was 

enacted to regulate the registration, possession, and sale of firearms and 

ammunition. This law defines crimes involving firearms and fosters the 

disarmament of the society. 

I. Legal Framework 

In Brazil, the production of armaments (material bélico) and the arms trade are regulated 

by the federal government. The Penal Code criminalizes conduct involving, inter alia, the 

handling of materials for the production of arms devices, while the Statute of the Child and 

Adolescent punishes those who expose a child or adolescent to a firearm or explosive. 

In an attempt to decrease crimes involving firearms, Brazil promulgated Law No. 10,826, 

the Disarmament Statute (Estatuto do Desarmamento), on December 22, 2003. This Law 

contains more rigid criteria for the control of firearms. 

II. Constitutional Principle

Article 21(VI) of the Constitution determines that the federal government (União)

 has the 

power to authorize and supervise the production and trade of armaments.1

III. Penal Code

The Penal Code criminalizes the production, supply, acquisition, possession, or 

transportation, without a license, of explosive substances or devices, toxic or asphyxiating gas, or 

material for their production.2

 The punishment for violation of this provision consists of six 

months to two years of detention3

 and a fine. 

1

 CONSTITUIÇÃO FEDERAL [C.F.], art. 21(VI), 

http://www.planalto.gov.br/ccivil_03/Constituicao/Constituicao.htm. 

2 Id. art. 253. 

3

 Article 33 of the Brazilian Penal Code determines that a detention sentence must be served in a semiopen 

or open regime, except where there is a need for a transfer to a closed regime. CÓDIGO PENAL [C.P.], Decreto-Lei 

No. 2.848, de 7 de dezembro de 1940, art. 33, http://www.planalto.gov.br/ccivil_03/DecretoLei/Del2848compilado.htm. 

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Firearms-Control Legislation and Policy 

IV. Child and Adolescent Statute 

In 1990, Brazil enacted the Child and Adolescent Statute through Law No. 8,069 of July 

13, which provides for the full protection of the child and the adolescent.4 For the purposes of the 

law, a child is considered to be a person less than twelve years of age, while an adolescent is a 

person between twelve and eighteen years of age.5

 In some exceptional cases foreseen in the 

statute, it also applies to persons between the ages of eighteen and twenty-one. 

 In regard to firearms, the statute punishes with imprisonment6

 of three to six years anyone 

who sells, supplies, or hands firearms, ammunition, or explosives to a child or adolescent.7 

For criminal purposes, the Brazilian Penal Code dictates that minors under eighteen years 

of age are not criminally chargeable but are subject to the rules established in special legislation.8

V. Disarmament Statute 

Law No. 10,826 of December 22, 2003, the Disarmament Statute, regulates the 

registration, possession, and sale of firearms and ammunition; determines the responsibilities of 

the National Arms System; and defines crimes that involve the unauthorized possession, 

carrying, trade, and international trafficking of firearms.9

 

This Law revoked and replaced Law No. 9,437 of February 20, 1997, which had created 

the National Arms System (Sistema Nacional de Armas—SINARM), established the conditions 

for the registration and possession of firearms, and defined crimes involving firearms. 

A. National Arms System 

 Pursuant to article 1 of Law No. 10,826, SINARM was established under the Ministry of 

Justice and subordinated to the Federal Police. Its jurisdiction extends over the whole country.10 

Article 2 of Law No. 10,826 confers SINARM with the authority 

(I) to identify the characteristics and proprieties of firearms in the process of 

registering them; 

 4

 ESTATUTO DA CRIANÇA E DO ADOLESCENTE [E.C.A.], Lei No. 8.069 de 13 de Julho de 1990, art. 1, 

http://www.planalto.gov.br/ccivil_03/Leis/L8069.htm. 

5

 Id. art. 2. 

6

 A sentence of imprisonment (reclusão) must be served in a closed, semiopen, or open regime. Id. art. 33. 

7

 E.C.A. art. 242. 

8

 C.P. art. 27. 

9

 Lei No. 10.826, de 22 de dezembro de 2003, art. 1, http://www.planalto.gov.br/ccivil_03/Leis/2003/ 

L10.826compilado.htm. 

10 Id. art. 1. 

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Firearms-Control Legislation and Policy 

(II) to register all firearms manufactured, imported, and sold in the country; 

(III) to register all authorizations to carry firearms and renewals issued by the Federal Police; 

(IV) to register transfers of property, loss, theft, robbery, and other events likely to 

change the registration data, including those resulting from closure of companies 

involved in private security and transportation of valuables; 

(V) to identify modifications that alter the characteristics or performance of 

a firearm; 

(VI) to incorporate the existing police records into the SINARM register; 

(VII) to register seizures of firearms, including those involving police and 

court procedures; 

(VIII) to register gunsmiths operating in the country and grant licenses to perform this work; 

(IX) to register authorized producers, wholesalers, retailers, exporters, and importers 

of firearms, accessories, and ammunition; 

(X) to register the identification of the gun barrel, along with the characteristics of 

rifling impressions and microgrooves produced when a projectile is fired, 

according to the required marking and testing performed by the manufacturer; 

(XI) to communicate to the Secretariats of Public Security of the States and of the 

Federal District the records and authorizations to carry firearms in their 

respective territories, and to keep the records updated for consultation. 

The provisions of article 2 of the Law do not apply to the firearms of the Armed and 

Auxiliary Forces or to firearms that are already registered with the proper authorities.11 

B. Registration and Acquisition of a Firearm 

Registration of a firearm with the responsible authority is mandatory.12 Restricted 

firearms13 must be registered with the Army Command in accordance with the regulations of 

the Law.14

To acquire a permitted firearm15 a person must, in addition to stating the actual need for 

acquiring the firearm, present16

 11 Id. art. 2 (sole para.). 

12 Id. art. 3. 

13 Article 11 of Decree No. 5,123 of July 1, 2004, defines restricted firearms as those whose use is 

exclusively for the armed forces, public security institutions, and qualified individuals and corporations, duly 

authorized by the Army Command, in accordance with specific legislation. Decreto No. 5.123 de 1 de julho de 

2004, https://www.planalto.gov.br/ccivil_03/_Ato2004-2006/2004/Decreto/D5123.htm. 

14 Lei No. 10,826 art. 3 (sole para.). For more information on registration of restricted firearms see article 

18 of Decree No. 5,123 of July 1, 2004, https://www.planalto.gov.br/ccivil_03/_Ato2004-2006/2004/Decreto/ 

D5123.htm. 

15 Article 10 of Decree No. 5,123 of July 1, 2004, defines a permitted firearm as one whose use is 

authorized for individuals as well as corporations, in accordance with the norms of the Army Command and the 

conditions established in Law No. 10,826 of December 22, 2003. Decreto No. 5.123 de 1 de julho de 2004, art. 10, 

https://www.planalto.gov.br/ccivil_03/_Ato2004-2006/2004/Decreto/D5123.htm. 

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Firearms-Control Legislation and Policy 

(I) evidence of suitability, through the submission of records that indicate no prior 

criminal activities provided by Federal, State, Military, and Electoral tribunals 

and that one has not been subject to police investigation or criminal prosecution, 

which may be provided by electronic means; 

(II) documentary evidence of lawful occupancy and place of residence; 

(III) evidence of technical capacity and psychological ability to handle firearms, 

attested in the manner provided for in the regulations of Law No. 10,826.17

After all the established requirements are met by the person interested in acquiring a 

firearm, SINARM will then issue a non-transferable authorization to purchase a firearm in the 

name of the applicant and for the weapon indicated in the application.18 Only ammunition 

corresponding to the caliber of the registered gun may be acquired, and that in the quantity 

established in the regulations of the Law.19 It is mandatory for the company selling the firearms 

to report the sale to the responsible authority and maintain a database containing all the features 

of the gun being sold, along with copies of the documents mentioned in article 4 of the Law.20

A company that sells firearms, accessories, and ammunition is legally responsible for 

them, and they must be registered as the company’s property until they are sold.21 The trade of 

firearms, accessories, and ammunition between individuals is only permitted upon authorization 

by SINARM.22 The authorization referred to in article 4(§1) of the Law must be granted or 

denied, with the supporting reasons, within thirty business days from the date of the 

applicant’s request.23

The registration certificate of a firearm, which is valid throughout the national territory, 

authorizes its owner to keep the firearm exclusively inside his residence or domicile, or at his 

workplace, as long as he is the owner of or legally responsible for the establishment or 

company.

24 The firearms registration certificate must be issued by the Federal Police and 

 16 Lei No. 10,826, art. 4. 

17 For more information on evidence of technical capacity and psychological ability for handling firearms, 

see article 12(§3) of Decree No. 5,123 of July 1, 2004, https://www.planalto.gov.br/ccivil_03/_Ato2004-2006/ 

2004/Decreto/D5123.htm. 

18 Lei No. 10,826, art. 4(§1). 

19 Id. art. 4(§2). Article 21(§2) of Decree No. 5,123 of July 1, 2004, determines that the amount of 

ammunition and number of accessories that every owner of a firearm may purchase will be determined through an 

administrative act (Portaria) issued by the Ministry of Defense, after consultation with the Ministry of Justice. 

Administrative Act No. 1,811 issued by the Ministry of Defense on December 18, 2006, establishes the 

maximum annual quantity of permitted ammunition of the same caliber that a citizen can acquire in specialty stores 

to keep and stock as fifty units. Portaria Normativa No. 1.811, de 18 de dezembro de 2006, art. 1, https://www. 

defesa.gov.br/sistemas/bdlegis/dados_norma.php?numero=1811&ano=2006&serie=A. 

20 Lei No. 10,826, art. 4(§3). 

21 Id. art. 4(§4). 

22 Id. art. 4(§5). 

23 Id. art. 4(§6). 

24 Id. art. 5. 

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Firearms-Control Legislation and Policy 

preceded by an authorization issued by SINARM.25 A firearm registration certificate must be 

renewed every three years, renewal being contingent upon satisfying the requirements 

enumerated in sections I, II and III of article 4 of the Law.26

C. The Carrying of Firearms 

The carrying of firearms is prohibited throughout the national territory, except in the 

cases provided for in specific legislation27 and with regard to 

(I) members of the Armed Forces; 

(II) members of the bodies listed at the beginning of article 144 of the 

Federal Constitution;28

(III) members of the municipal guard of the capitals of states and municipalities with 

more than 500,000 people, under the conditions established in the regulation of 

Law No. 10,826; 

(IV) members of the municipal guard of municipalities with more than 50,000 and less 

than 500,000 people, while in service; 

(V) agents of the Brazilian Intelligence Agency and agents of the Department of 

Homeland Security Office of the Institutional Security of the Presidency; 

(VI) members of law enforcement agencies referred to in articles 51(IV) and 52(XIII) 

of the Federal Constitution; 

(VII) members of the permanent staff of officers and prison guards, prison escort 

guards, and port guards; 

(VIII) companies involved in private security and transportation of valuables as 

established in Law No. 10,826; 

(IX) members of legally constituted bodies of sport, whose sports demand the use of 

firearms, according to the regulation of Law No. 10,826, observing, as applicable, 

environmental laws; 

(X) career members of the Federal Internal Revenue Audit Office (Auditoria da 

Receita Federal do Brasil) and Audit Labor Office (Auditoria-Fiscal do Trabalho) 

and Tax Auditors (Auditor-Fiscal) and Tax Analysts (Analista Tributário); 

(XI) tribunals of the judiciary branch as described in article 92 of the Federal 

Constitution and the Public Prosecutor’s Office of the Union (Ministério Público 

da União) and the Public Prosecutor’s Office of the States (Ministério Público 

Estadual), for the exclusive use of its personnel that are effectively exercising 

security functions, in the form of regulation to be issued by the National Council 

 25 Id. art. 5(§1). 

26 Id. art. 5(§2). 

27 Id. art. 6. 

28 Article 144 of the Constitution determines that public security is a duty of the State and the right and 

responsibility of all persons. It is exercised for the preservation of public order and the security of persons and 

property, through the federal police, federal highway police, federal railway police, civil police, military police, and 

military fire brigades. C.F. art. 144. 

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Firearms-Control Legislation and Policy 

of Justice (Conselho Nacional de Justiça—CNJ) and the National Council of the 

Public Prosecutor’s Office (Conselho Nacional do Ministério Público—CNMP). 

The persons mentioned in items I, II, III, V, and VI of article 6 of Law No. 10,826 are 

entitled to carry firearms, be they privately owned or provided by their corporation or institution, 

even off duty, in accordance with the regulation of Law No. 10,826. The authorization is valid 

nationwide to those persons listed in items I, II, V, and VI of the Law.29

Residents in rural areas who are twenty-five years old and prove that they depend on the 

use of firearms to provide food subsistence for their families may be authorized by the Federal 

Police to carry a permitted firearm. The authorization is issued in the category of subsistence 

hunter for a singe-shot firearm of permitted use, with one or two barrels, a smooth bore, and a 

caliber equal to or lower than sixteen.30

A subsistence hunter who makes another use of the firearm, regardless of other criminal 

violations, will be charged, as appropriate, for illegal possession of a firearm or illegal shooting 

of a permitted firearm.31

In exceptional cases, upon authorization by SINARM, the Federal Police may grant a 

temporary and territorially limited authorization to carry a permitted firearm provided that the 

applicant demonstrates it is needed for the effective exercise of a professional activity involving 

a risk or threat to the applicant’s physical integrity, meets the requirements of article 4 of Law 

Na. 10,826, and presents documentation proving ownership of a firearm and its registration with 

the appropriate authority.32

The authorization to carry a firearm provided for in article 6 of the Law is automatically 

revoked if the authorized person is detained while intoxicated or under the influence of chemical 

substances or hallucinogens.33

D. Regularization Fees 

Article 11 of Law No. 10,826 lists the services that are subject to a fee, in the amounts 

listed in the Annex of the Law, relating to 

(I) registration of firearms; 

(II) renewal of registration certificate of a firearm; 

(III) issuance of a duplicate registration certificate of a firearm; 

(IV) issuance of a federal authorization to carry a firearm; 

29 Lei No. 10.826, de 22 de dezembro de 2003, art. 6(§1). 

30 Id. art. 6(§5). 

31 Id. art. 6(§6). 

32 Id. art. 10. 

33 Id. art. 10(§2). 

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Firearms-Control Legislation and Policy 

(V) renewal of an authorization to carry a firearm; 

(VI) issuance of a duplicate authorization to carry a firearm.34

E. Criminalization 

For a person to own or possess permitted firearms, accessories, or ammunition in 

violation of the law or regulation, within his or her residence or a part adjacent to it, or at his or 

her workplace, when he or she is the owner or the one responsible for the company, is considered 

a crime and punishable with detention of one to three years and a fine.35

The failure of the owner or possessor of a firearm to observe the precautions necessary to 

prevent a person who is under eighteen years of age or mentally disabled from getting hold of the 

firearm is punishable with detention of one to two years and a fine.36 The same penalties are 

applicable to the owner or director of a company involved in private security and transportation 

of valuables who fails to register a police report and notify the Federal Police of the mislaying, 

theft or loss of firearms, accessories, or ammunition that are under the company’s custody, 

within the first twenty-four hours after the fact.37

The carrying, holding, acquiring, supplying, receiving, keeping in deposit, transporting, 

giving away, lending, sending, having custody of, or concealing of permitted firearms, 

accessories, or ammunition without authorization and in violation of a law or regulation is 

punishable with imprisonment of two to four years and a fine.38 The posting of bail for such 

offense is not permitted, except if the firearm is registered in the name of the offending person.39

Whoever shoots a firearm or triggers ammunition in an inhabited place or its vicinity, in 

the street, or towards the street without intent to perpetrate another crime is also subject to 

imprisonment for two to four years and a fine.40 The posting of bail for such offense is 

not permitted.41 

The owning, carrying, holding, acquiring, supplying, receiving, keeping in deposit, 

transporting, giving away, lending, sending, having custody of, or concealing prohibited or 

restricted firearms, accessories, or ammunition, without authorization and in violation of a law or 

regulation, is punishable with imprisonment of three to six years and a fine.42

34 Id. art. 11. 

35 Id. art. 12. 

36 Id. art. 13. 

37 Id. art. 13 (sole para.). 

38 Id. art. 14. 

39 Id. art. 14 (sole para.). 

40 Id. art. 15. 

41 Id. art. 15 (sole para.). 

42 Id. art. 16. 

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Firearms-Control Legislation and Policy 

The same penalties are applicable to a person who 

(I) suppresses or changes the characteristic marking, number, or any identification signal 

of a firearm or device; 

(II) modifies the characteristics of a firearm in order to make it equivalent to a 

prohibited or restricted firearm for the purpose of hindering or otherwise 

misleading police, experts, or judges; 

(III) owns, manufactures, or uses explosive or incendiary devices, without 

authorization or in violation of a law or regulation; 

(IV) carries, possesses, purchases, transports, or delivers a firearm which has had its 

number, marking, or other identifying signal scraped, deleted, or tampered with; 

(V) sells, delivers, or supplies, even gratuitously, firearms, accessories, ammunition, 

or explosives to a child or adolescent; and 

(VI) produces, recharges, or recycles, without legal authorization, or tampers in any 

way with ammunition or explosives.43

The acquiring, leasing, receiving, transporting, carrying, concealing, keeping in deposit, 

disassembling, assembling, reassembling, tampering with, selling, displaying for sale, or 

otherwise using of firearms, accessories, or ammunition, for one’s own benefit or the benefit of a 

third party, in the course of trade or industrial activity, without authorization or in violation of a 

law or regulation, is punishable with four to eight years of imprisonment and a fine.44

For the purposes of article 17 of Law No. 10,826, any form of service, manufacture, or 

irregular or clandestine trade, including that practiced in one’s residence, is considered 

commercial or industrial activity.45

Importing, exporting, or promoting the entry or exit of firearms, accessories or 

ammunition into or out of the national territory, without authorization of the responsible 

authority, is punishable with four to eight years of imprisonment and a fine.46

For the crimes set forth in articles 17 and 18 of Law No. 10,826, the penalty is increased 

by half for prohibited or restricted firearms or accessories.47

For the crimes set forth in articles 14, 15, 16, 17, and 18 of the Law, the penalty is 

increased by half if they are committed by a member of the bodies or companies referred to in 

articles 6, 7, and 8 of the Law.48

 43 Id. art. 16 (sole para.). 

44 Id. art. 17. 

45 Id. art. 17 (sole para.). 

46 Id. art. 18. 

47 Id. art. 19. 

48 Id. art. 20. 

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Firearms-Control Legislation and Policy 

Parole (liberdade provisória) is not granted for the crimes set forth in articles 16, 17, and 

18 of the Law.49

 F. Restricted and Permitted Firearms 

Decree No. 3,665 of November 20, 2000, defines restricted and permitted firearms, 

ammunition, and equipment.50 

According to article 16, the following are subject to restricted use:51 

(I) weapons, ammunition, equipment, and accessories that have some of the 

characteristics of the armaments used by the national armed forces with respect 

to their tactical, strategic, and technical use; 

(II) weapons, ammunition, accessories, and equipment that are not identical or 

similar to the armaments used by the national armed forces but have 

characteristics that make them suitable only for military or law-enforcement use; 

(III) short firearms, the common ammunition for which has, on exiting the barrel, an 

energy higher than three hundred foot-pounds or four hundred seven Joules—

ammunition such as the .357 Magnum, 9 Luger, .38 Super Auto, .40 S&W, .44 

SPL, .44 Magnum, .45 Colt and .45 Auto; 

(IV) long striped firearms, the common ammunition for which has, on exiting the 

barrel, an energy higher than one thousand foot-pounds or one thousand three 

hundred fifty-five Joules—ammunition such as the .22-250, .223 Remington, 

.243 Winchester, .270 Winchester, 7 Mauser, .30-06, .308 Winchester, 7.62 x 39, 

.357 Magnum, .375 Winchester and .44 Magnum; 

(V) automatic firearms of any caliber; 

(VI) smooth bore firearms with a caliber of twelve or higher and with a barrel length 

shorter than twenty-four inches or six hundred and ten millimeters; 

(VII) smooth bore firearms with a caliber higher than twelve, and their ammunition; 

(VIII) air guns operated by compressed gas or spring action, with a caliber higher than 

six millimeters, which shoot projectiles of any kind; 

(IX) disguised firearms, which are characterized as devices that look like harmless 

objects but hide a weapon, such as a pistol-cane, revolver-pen, and the like; 

(X) a compressed air gun imitating an Fz 7.62 mm, M964, FAL; 

(XI) weapons and devices that launch chemical warfare agents or aggressive gas, and 

their ammunition; 

(XII) devices that are accessories of weapons and are designed to impede locating the 

gun, such as silencers, flash suppressors, and others, which serve to muffle the 

 49 Id. art. 21. 

50 Decreto No. 3.665, de 20 de Novembro de 2000, art. 15, http://www.planalto.gov.br/ccivil_03/ 

decreto/D3665.htm. 

51 Id. art. 16. 

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Firearms-Control Legislation and Policy 

explosion or the flash of the shot, as well as devices that modify the conditions of 

use, such as nozzles, grenade launchers, and others; 

(XIII) ammunition or pyrotechnic devices or similar devices that can cause fires 

or explosions; 

(XIV) ammunition with projectiles that contain aggressive chemical elements whose 

effects on the person hit greatly increase the damage, such as explosive or 

poisonous projectiles; 

(XV) swords and rapiers used by the Armed Forces and Auxiliary Forces; 

(XVI) night vision equipment, such as goggles, periscopes, telescopes, etc.; 

(XVII) optical aiming devices with magnification equal to or greater than six times or a 

lens diameter that is equal to or greater than thirty-six millimeters; 

(XVIII) aiming devices that use light or other means to mark the target; 

(XIX) ballistic armor for restricted ammunition; 

(XX) ballistic equipment for protection against restricted portable firearms, such as 

vests, shields, helmets, etc.; and 

(XXI) armored vehicles for civilian or military use. 

Article 17 of Decree No. 3,665 defines permitted firearms, ammunition, and equipment 

as

52

ition such as the .22 LR, .25 Auto, .32 Auto, .32 

d fifty-five Joules—ammunition such as the .22 LR, 

 with a smaller caliber, with any barrel length; 

h a caliber equal to or 

t sports competitions and that exclusively use 

strial use or that use anesthetic projectiles for 

times or lens 

diameter less than thirty-six millimeters; 

 

(I) short, repeating, or semiautomatic firearms, the common ammunition for which 

has, on exiting the barrel, an energy of up to three hundred foot-pounds or four 

hundred seven Joules—ammun

S&W, .38 SPL and .380 Auto; 

(II) long striped, repeating, or semiautomatic firearms, the common ammunition for 

which has, on exiting the barrel, a maximum energy of one thousand pounds or 

one thousand three hundre

.32-20, .38-40 and .44-40;

(III) smooth bore, repeating, or semiautomatic firearms with a caliber of twelve or 

lower and with a barrel length equal to or greater than twenty-four inches or six 

hundred ten millimeters; firearms

and their permitted ammunition. 

(IV) air guns operated by compressed gas or spring action, wit

less than six millimeters, and their permitted ammunition; 

(V) weapons whose purpose is to star

cartridges containing gunpowder; 

(VI) weapons for indu

veterinary purposes; 

(VII) optical aiming devices with a magnification of less than six 

52 Id. art. 17. 

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Firearms-Control Legislation and Policy 

(VIII) cartridges that are empty, or semi- or fully loaded with lead granules, known as 

“hunting cartridges,” to be used by smooth bore firearms of permitted caliber; 

(IX) ballistic armor for permitted ammunition; 

(X) ballistic equipment for protection against permitted firearms, such as vests, 

shields, helmets, etc.; and 

(XI) armored passenger vehicles.

G. General Provisions 

The manufacture, sale, trade, and importation of toys, replicas, and imitation firearms that 

could be confused for real firearms are prohibited.53 Exceptions to the ban apply to the 

acquisition of replicas and imitations intended for instruction, training, or collection by 

authorized users under the conditions established by the Army Command.54

Persons under twenty-five years of age are prohibited from acquiring firearms, except 

members of the entities listed in items I, II, III, V, VI, VII, and X of article 6 of Law No. 10.826.55

Possessors and owners of firearms acquired regularly may at any time turn them in to the 

Federal Police, in return for a receipt and indemnity, according to the regulations of the Law.56

With regard to the irregular possession of the firearms, possessors and owners of such 

firearms may turn them in voluntarily in return for a receipt and, assuming good faith, they will 

be compensated in the manner established in the regulations of the Law and absolved from 

punishment.57

A fine of R$100.000,00 (US$50,000.00) to R$300.000,00 (US$150,000.00) is imposed, 

according to the regulations of Law No. 10,826, on 

(I) an airline, road, rail, sea, river or lake transportation company that deliberately, 

by any means, makes, promotes, facilitates, or enables the transport of arms or 

ammunition without proper authorization or in violation of safety standards; 

53 Lei No. 10.826, de 22 de dezembro de 2003, art. 26. 

54 Id. art. 26 (sole para.). 

55 Id. art. 28. 

56 Id. art. 31. Article 70 of Decree No. 5,123 of July 1, 2004, determines that firearms, accessories, and 

ammunition, as mentioned in articles 31 and 32 of Law No. 10.826 of December 22, 2003, must be turned in to the 

Federal Police or to organs or entities accredited by the Ministry of Justice. Administrative Act (Portaria) No. 797, 

issued by the Ministry of Justice on May 5, 2011, establishes the procedures for turning in firearms, accessories, or 

ammunition and the indemnification provided for in articles 31 and 32 of Law No. 10,826, of December 22, 2003. 

Annex I of the Administrative Act defines the indemnification amounts, which range from R$100,00 (US$50.00) to 

R$300,00 (US$150.00), depending on the type of firearm. Portaria No. 797 de 5 de maio de 2001, POLÍCIA 

FEDERAL, http://www.dpf.gov.br/servicos/armas/anexos/portaria-797-2011-mj. 

57 Lei No. 10.826, de 22 de dezembro de 2003, art. 32. 

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(II) a company producing firearms or in the firearms business that advertises their 

sale, encouraging their indiscriminate use, except in specialized publications.58

Promoters of indoor events with more than one thousand people must adopt, under risk of 

liability, the necessary measures to prevent the entry of armed persons, except in those events 

guaranteed by section VI of article 5 of the Federal Constitution.59

Companies that provide international and interstate transportation service must take the 

necessary measures to prevent armed passengers from boarding.60

H. Referendum on Firearms and Ammunition Trade 

Article 35 of the Disarmament Statute prohibited the trade of firearms and ammunition 

throughout the national territory, except for the entities referred to in article 6 of the Law,61

provided that this provision was approved by a popular referendum to be conducted in 2005.62

On October 23, 2005, a referendum on prohibiting the trade of firearms and ammunition 

throughout the national territory was held, and the proposal was rejected by 63.94% of 

the voters.63

VI. Disarmament Campaign

To further encourage the disarmament of the population, the government has promoted 

disarmament campaigns under the authority of Decree No. 5,123 of July 1, 2004, which charges 

the Ministry of Justice with the responsibility for establishing the procedures necessary to carry 

out disarmament campaigns and designates the Federal Police as the organ in charge of the 

regularization of firearms.64

To this effect, the government also maintains a website that explains the National 

Disarmament Campaign. According to the website, 

58 Id. art. 33. 

59 Id. art. 34. Article 5(VI) of the Constitution determines that everyone is equal before the law, with no 

distinction whatsoever, guaranteeing to Brazilians and foreigners residing in the Country the inviolability of the 

rights to life, liberty, equality, security, and property. Freedom of conscience and belief are also inviolable, free 

exercise of religious beliefs is assured, and protection of places of worship and their rites is guaranteed under 

the law. 

60 Id. art. 34 (sole para.). 

61 Id. art. 35. 

62 Id. art. 35(§1). Article 14(II) of the Constitution determines that popular sovereignty must be exercised by 

universal suffrage, and by direct and secret vote, with equal value for all, and, as provided by law, by referendum. 

63 Referendo—proibição do comércio de armas de fogo e munição—23 de outubro de 2005, TRIBUNAL 

SUPERIOR ELEITORAL, http://www.tse.jus.br/eleitor/glossario/termos/referendo. 

64 Decreto No. 5.123 de 1 de julho de 2004, art. 70-G, https://www.planalto.gov.br/ccivil_03/_Ato2004-

2006/2004/Decreto/D5123.htm. 

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Firearms-Control Legislation and Policy 

[t]he National Disarmament Campaign seeks to mobilize the Brazilian society to 

withdraw the largest possible number of firearms from circulation. The voluntary 

surrender of weapons by citizens is provided for in the Disarmament Statute and can be 

carried out at more than 2,000 collection points throughout Brazil. Beyond the collection 

of firearms, the campaign aims to raise awareness of the risks of having a firearm. 

Through the slogan “Protect Your Family. Disarm Yourself.”, the campaign makes an 

emotional appeal, with statements based on real cases of parents who lost children in 

accidents or fights; ordinary situations that, with a gun, can become fatal. 

Studies such as the Map of Violence, released in February 2012 by the Ministry of 

Justice, show a decrease in violence and a drop in homicide rates during the period of 

previous campaigns. Therefore, the measure has proven to be effective and fulfills the 

determination of the Disarmament Statute.65

VII. Study on the Impact of the Disarmament Statute

In March 2012, the Applied Economic Research Institute (Instituto de Pesquisa 

Econômica Aplicada, IPEA)66 published a study, Menos Armas, Menos Crimes (Fewer Arms, 

Fewer Crimes),67 regarding the relationship between firearms and criminality.68

The study begins by observing that after an increase in the occurrence of violent crimes 

in the United States in the second half of the 1980s, the debate regarding the role of firearms 

intensified. Many articles have been published asserting that more firearms results in more 

crime. Others argue that more firearms lead to less crime. Despite the profusion of such articles, 

for various reasons, including methodology, a consensus has yet to be reached on the causal 

effect of firearms on increased criminality.69

The analysis developed in the IPEA study uses information from all 645 municipalities of 

the state of São Paulo70 between the years 2001 and 2007, a period in which there was a 60.1% 

65 Conheça a Campanha, CAMPANHA NACIONAL DO DESARMAMENTO, http://www.entreguesuaarma.gov. 

br/desarmamento/categoria/conheca-a-campanha-2012/ (last visited Jan. 30, 2013). 

66 The Institute of Applied Economic Research (IPEA) is a federal public foundation under the 

Secretariat of Strategic Affairs of the Presidency of the Republic. Its research activities provide technical 

and institutional support to government actions for the formulation and reformulation of policies and 

development programs. O Ipea – Quem Somos, IPEA, http://www.ipea.gov.br/portal/index.php? 

option=com_content&view=article&id=1226&Itemid=68 (last visited Jan. 30, 2013). 

67 DANIEL RICARDO DE CASTRO CERQUEIRA & JOÃO MANOEL PINHO DE MELLO, MENOS ARMAS, MENOS 

CRIMES (IPEA, Mar. 2012), http://www.ipea.gov.br/portal/images/stories/PDFs/TDs/td_1721.pdf. 

68 According to the IPEA, the purpose of the publication is the dissemination of results of studies directly or 

indirectly developed by the IPEA, which, because of its importance, provides specialized professionals with 

information and creates a space for debate. The opinions expressed in the publication are the sole and entire 

responsibility of the author(s), and do not necessarily express the views of the IPEA or the Secretariat of Strategic 

Affairs of the Presidency of the Republic. Id. at 2. 

69 Id. at 7. 

70 São Paulo is one of the twenty-seven states of Brazil and is located in the southern region of the southeast 

part of the country. It occupies an area of approximately 248,808.80 square kilometers (approximately 96,065.54 

square miles), being slightly larger than the United Kingdom. São Paulo has the largest population of Brazil with 

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Firearms-Control Legislation and Policy 

reduction in the number of homicides in these cities, making the state of São Paulo (alongside 

New York and Bogotá) one of the most successful international examples of cities showing a 

decrease in violent crime over a relatively short period of time.71

An opportunity to identify the desired causal effect of firearms on crime appeared when 

the Disarmament Statute was enacted in 2003, which substantially restricted the ability of a 

citizen to have access to firearms, increased the cost of acquiring and registering a firearm, and 

substantially increased the expected cost for an individual to travel on public roads carrying a 

firearm in an irregular situation.72

Based on the method developed in the study, two hypotheses were tested. The first was 

whether the availability of guns increases violent crimes, and the second, whether the availability 

of guns reduces crime against property. For this purpose, data from the Mortality Information 

System of the Ministry of Health and from the State Secretariat of Public Safety of the State of 

São Paulo were used. The following incidents were analyzed: intentional homicide, death by 

aggression, death by firearm, aggravated assault, robbery (latrocínio), car theft, and offenses 

involving illicit drugs.73

The data when analyzed revealed that, during the period under study, there was actually a 

decrease in the prevalence of firearms in the state of São Paulo.74 The disarmament produced 

the significant effect of reducing lethal crimes, but had no significant impact on crimes against 

property. According to the study, this indirectly implies that the possibility of a potential victim 

being armed has no deterrent effect on the perpetration of the crime.75 The study concluded that, 

apparently, with fewer guns there is less crime.76

VIII. Bill Amending Disarmament Statute Vetoed 

On January 10, 2013, Brazilian President Dilma Roussef vetoed a bill77 that would have 

amended article 6(§1) of the Disarmament Statute, which currently authorizes only certain 

categories of professionals, as listed in the article, to carry firearms when off duty. The bill 

would have extended such authorization to prison agents, prison guards, prison escort guards, 

and port guards. 

 

 more than forty million inhabitants distributed in 645 municipalities. Conheça São Paulo, GOVERNO DO ESTADO DE 

SÃO PAULO, http://www.saopaulo.sp.gov.br/conhecasp/principal_conheca (last visited Jan. 28, 2013). 

71 CASTRO CERQUEIRA & PINHO DE MELLO, supra note 67, at 8. 

72 Id. 

73 Id. at 9. 

74 Id. 

75 Id. at 10.

76 Id. 

77 Mensagem de Veto No. 002, de 9 de Janeiro de 2013, http://www.planalto.gov.br/CCIVIL_03/_Ato2011-

2014/2013/Msg/Vet/VET-002.htm. 

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The Law Library of Congress 51 

According to the President’s veto message, “expanding the authorization to carry 

firearms when off duty to the professionals listed in section VII of article 6 of Law No. 10,826 

implies a larger number of firearms in circulation, which goes against the national policy to 

combat violence and against the Disarmament Statute.”78

Prepared by Eduardo Soares 

Senior Foreign Law Specialist 

78 Id. 
CANADA 

FIREARMS-CONTROL LEGISLATION AND POLICY 

Summary 

The control of firearms in Canada is predominantly governed by the 

Firearms Act, the Criminal Code, and their subordinate regulations. The 

Criminal Code defines the main categories of firearms, which include restricted, 

prohibited, and non-restricted firearms. The Firearms Act regulates the 

possession, transport, and storage of firearms. 

Canadian law has both licensing and registration requirements for the 

possession and acquisition of firearms. These requirements are administered by 

the Royal Canadian Mounted Police (RCMP) through the Canadian Firearms 

Program (CFP). 

Applicants are required to pass safety tests before they can be eligible for 

a firearms license. Applicants are also subject to background checks, which take 

into account criminal, mental health, addiction, and domestic violence records. 

I. Overview of Firearms-Control Laws and Regulations 

At the federal level in Canada, firearms are predominantly regulated by the Firearms Act1

and Part III of the Criminal Code.2 Apart from these federal laws, “[p]rovinces, territories or 

municipalities may have additional laws and regulations that apply in their jurisdiction. For 

example, provinces are responsible for regulating hunting.”3

A. Categories of Firearms 

The Criminal Code identifies “the various firearms, weapons and devices regulated by 

the Firearms Act.”4

 The Code classifies firearms into three categories: restricted,5 prohibited,6

1

 Firearms Act, S.C. 1995, c. 39, http://laws-lois.justice.gc.ca/eng/acts/F-11.6/. For a detailed timeline of 

Canada’s firearms control laws, see History of Firearms Control in Canada: Up to and Including the Firearms Act, 

RCMP, http://www.rcmp-grc.gc.ca/cfp-pcaf/pol-leg/hist/con-eng.htm (last modified June 19, 2012). 

2

 Criminal Code, R.S.C. 1985, c. C-46, pt. III, http://laws-lois.justice.gc.ca/eng/acts/C-46/. 

3 Canadian Firearms Program: Frequently Asked Questions – General, RCMP, http://www.rcmpgrc.gc.ca/cfp-pcaf/faq/index-eng.htm#a1 (last modified Sept. 21, 2012). 

4 Id. 

5

 Criminal Code § 84(1) (defining “restricted firearm”). 

6 Id. (defining “prohibited firearm”). 

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Firearms-Control Legislation and Policy 

and non-restricted.7 Non-restricted firearms “include ordinary shotguns and rifles, such as those 

commonly used for hunting. But some military type rifles and shotguns are prohibited.”8

 

Restricted firearms include “certain handguns and some semi-automatic long guns (not all semiautomatic long guns are restricted or prohibited). Rifles that can be fired when telescoped or 

folded to shorter than 660 millimeters, or 26 inches, are also restricted.”9

 Prohibited firearms 

“include most 32 and 25 caliber handguns and handguns with a barrel length of 105 mm or 

shorter. Fully automatic firearms, converted automatics, firearms with a sawed-off barrel, and 

some military rifles like the AK 47 are also prohibited.”10

Note also that “antique firearms are not considered firearms for licensing and 

registration purposes.”11

B. Licensing and Registration Requirements 

1. Licensing and Permits 

The Firearms Act and its supporting regulations govern the possession, transport, and 

storage of firearms.12 The Act stipulates the rules for possessing and acquiring a firearm,13

which include both licensing and registration requirements.14 A person must have a valid 

firearms license to possess or acquire firearms as well as ammunition. A firearms license is 

issued to a license holder if he or she has “met certain public-safety criteria and is allowed to 

possess and use firearms.”15 

According to the RCMP website, “[i]ndividuals must be at least 18 years old to get a 

licence that will allow them to own or to acquire a firearm,”16 known as a Possession and 

Acquisition Licence, or PAL. Applicants seeking to acquire a license for non-restricted firearms 

are required to pass the Canadian Firearms Safety Course (CFSC) tests.17 If applicants are 

 7

 These are firearms that are neither restricted nor prohibited. 

8 Firearms and Firearms Act, THE CANADIAN BAR ASSOCIATION (CBA) BRITISH COLUMBIA BRANCH, 

http://www.cba.org/bc/public_media/criminal/242.aspx (last updated Nov. 2012). 

9 Id. 

10 Id. 

11 For more information, see CBSA, IMPORTING A FIREARM OR WEAPON INTO CANADA, http://www.cbsaasfc.gc.ca/publications/pub/bsf5044-eng.pdf (last visited Jan. 31, 2013). 

12 Library of Parliament, Legislative Summary, Legislative Summary of Bill C-19: An Act to Amend the 

Criminal Code and the Firearms Act para. 1.2 (Nov. 11, 2011), http://www.parl.gc.ca/About/Parliament/ 

LegislativeSummaries/bills_ls.asp?ls=c19&Parl=41&Ses=1&source=library_prb&Language=E#a3. 

13 Canadian Firearms Program: Frequently Asked Questions – General, RCMP, supra note 3. 

14 Firearms Act § 4(a). 

15 Canadian Firearms Program: Frequently Asked Questions – General, RCMP, supra note 3. 

16 Firearms Act § 7(1). See also Highlights of Canada’s Firearms Laws, RCMP, http://www.rcmpgrc.gc.ca/cfp-pcaf/pol-leg/hl-fs-eng.htm (last modified May 14, 2008). 

17 Firearms Act § 7(1)(a). According to the RCMP website, “[t]he legislation stipulates that individuals 

wishing to acquire non-restricted firearms must take the CFSC [Canadian Firearms Safety Course] and pass the tests 

The Law Library of Congress 53 
Firearms-Control Legislation and Policy 

applying for a license for restricted or prohibited firearms they must pass the Canadian Restricted 

Firearms Safety Course (CRFC) tests in addition to the CFSC.18 

The PAL is the only license now available to new applicants over eighteen years old. An 

existing Possession-Only License,19 or POL, can be renewed, but new ones have not been issued 

since 2001. According to the Canadian Bar Association (CBA), “[a] Possession-Only Licence 

lets you use firearms already registered to you. It also lets you borrow firearms of the same class 

as the ones you own.”20

Minors aged twelve to seventeen can get a minor’s license that will “allow them to 

possess a non-restricted rifle or shotgun, but a licensed adult must be responsible for the 

firearm.”21 Applicants must also complete the Canadian Firearms Safety Course and pass the 

test in order to get a minor’s license.22

A PAL can be issued for a firearm of any class (non-restricted, restricted, and prohibited). 

However, possessing or acquiring restricted23 or prohibited firearms is subject to very stringent 

requirements. The general rule is that restricted and prohibited firearms must be possessed in the 

holder’s residence (or at a place authorized by a chief firearms officer), as recorded in the 

Firearms Registry.24 According to the Act, a restricted or prohibited firearm can be transported 

and used under very strict and specific circumstances, including among others “for use in target 

practice, or a target shooting competition.”25 

Under the Firearms Act and its regulations, a person can carry a restricted firearm or 

prohibited handgun, whether concealed or unconcealed, only in very limited circumstances.26 In 

most cases, a permit known as an Authorization to Carry (ATC) is required, such as when “an 

 OR challenge and pass the CFSC tests without taking the course.” Canadian Firearms Safety Course, RCMP,

http://www.rcmp-grc.gc.ca/cfp-pcaf/safe_sur/cour-eng.htm (last modified Aug. 27, 2012). 

18 Firearms Act § 7(1)(b). See also Canadian Restricted Firearms Safety Course, RCMP, 

http://www.rcmp-grc.gc.ca/cfp-pcaf/safe_sur/cour-res-eng.htm (last modified Feb. 5, 2004). 

19 Applying for a New Possession Only Licence (POL), RCMP, http://www.rcmp-grc.gc.ca/cfp-pcaf/fsfd/pol-pps-eng.htm (last modified Aug. 21, 2012). 

20 CBA British Columbia Branch, supra note 8. 

21 Firearms Act § 8. See also Firearm Users Younger than 18, RCMP, http://www.rcmp-grc.gc.ca/cfppcaf/fs-fd/minor-mineur-eng.htm (last modified Sept. 5, 2012). 

22 Id. 

23 Restricted Firearms, RCMP, http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/restr-eng.htm (last modified Aug. 

20, 2012).

24 Firearms Act § 17. 

25 Id. § 19(1). 

26 Id. § 20. 

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Firearms-Control Legislation and Policy 

individual needs restricted firearms or prohibited handguns for use in connection with his or her 

lawful profession or occupation”27or to protect life.28 

According to the RCMP, persons are allowed to possess only certain prohibited firearms 

“if they had one registered in their name when it became prohibited, and they have continuously 

held a valid registration certificate for that type of prohibited firearm from December 1, 1998, 

onward.”29 Moreover, a PAL “allows an individual to acquire only prohibited firearms in the 

same categories as the ones currently registered to them, and only if the firearms they wish to 

acquire were registered in Canada on December 1, 1998.”30 Restricted or prohibited firearms 

must also be “verified by an approved verifier if they are being transferred to a new owner and 

have not been previously verified.”31

Firearms licenses are “generally valid for five years, and must be renewed before they 

expire.”32 It is the license holder’s responsibility to apply for a license renewal.

2. Registration 

Under the Firearms Act, all restricted and prohibited firearms must be registered.33 After 

April 2012, pursuant to amending legislation, non-restricted firearms no longer have to be 

registered.34 However, “due to a Court Order issued by the Quebec Superior Court, residents of 

Quebec are still required to register non-restricted firearms.”35

All licensing and registration is managed by the Royal Canadian Mounted Police’s 

Canadian Firearms Program (CFP).36 The CFP manages the Canadian Firearms Registry.37

 27 Authorizations to Carry Restricted Firearms and Certain Handguns Regulations (Firearms Act), SOR/98-

207, http://laws-lois.justice.gc.ca/eng/regulations/SOR-98-207/index.html. 

28 Firearms Act § 20(a). 

29 Prohibited Firearms, RCMP, http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/prohibited-prohibe-eng.htm (last 

modified Aug. 20, 2012). 

30 Id. 

31 Selling, Giving or Trading Firearms, RCMP, http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/sell-vendreeng.htm (last modified Aug. 20, 2012).

32 Renewing Firearms Licenses, RCMP, http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/renew-renouv-eng.htm

(last modified Sept. 21, 2012). 

33 Firearms Act § 12.1. 

34 See CBA British Columbia Branch, supra note 8. 

35 Registration of Firearms (Individuals), RCMP, http://www.rcmp-grc.gc.ca/cfp-pcaf/online_enligne/reg_enr-eng.htm. (last modified Dec. 10, 2012). 

36 Canadian Firearms Program (CFP), RCMP, http://www.rcmp-grc.gc.ca/cfp-pcaf/index-eng.htm (last 

modified Oct. 30, 2012). 

37 Registration of Firearms (Individuals), RCMP, supra note 35. 

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Firearms-Control Legislation and Policy 

C. Criminal and Psychiatric Checks 

According to section 5(1) of the Firearms Act, “[a] person is not eligible to hold a licence 

if it is desirable, in the interests of the safety of that or any other person, that the person not 

possess a firearm.”38 Therefore, “[a]n applicant for a firearm licence in Canada must pass 

background checks which consider criminal, mental, addiction and domestic violence records.”39 

Besides criminal checks, in order to determine eligibility under the Act, authorities must consider 

whether within the previous five years the applicant 

has been treated for a mental illness, whether in a hospital, mental institute, psychiatric 

clinic or otherwise and whether or not the person was confined to such a hospital, 

institute or clinic, that was associated with violence or threatened or attempted violence 

on the part of the person against any person; or 

has a history of behavior that includes violence or threatened or attempted violence on the 

part of the person against any person.40

In addition to background checks, “third party character references for each gun licence 

applicant are required.”41

Applicants are screened using a two-tiered process. According to a 2010 evaluation 

report on Canada’s Firearms Program, “[t]his process entails submitting an application 

requesting that the applicant provide detailed personal information; when this application is 

assessed by the CFP, special attention is given to those applying for a Prohibited and Restricted 

Firearm License.”42 Moreover, all applicants are also “screened on an on-going basis through 

the provisions of ‘continuous eligibility’, a monitoring function that has a licensee ‘flagged’ for a 

review of their license should a matter of public safety arise after they have obtained 

their license.”43

D. Storage, Transportation, and Display of Firearms 

Regulations supporting the Firearms Act also stipulate specific rules “for storing, 

transporting and displaying firearms safely to deter loss, theft and accidents. Provinces may 

have additional regulatory requirements.”44 

38 Firearms Act § 5(1). 

39 Canada — Gun Facts, Figures and the Law, GUNPOLICY.ORG, http://www.gunpolicy.org/ 

firearms/region/canada (last updated Dec. 21, 2012). 

40 Firearms Act § 5(2)(b)–(c). 

41 GUNPOLICY.ORG, supra note 39. 

42 RCMP, RCMP CANADIAN FIREARMS PROGRAM: PROGRAM EVALUATION – FINAL APPROVED REPORT 38 

(Feb. 2010), http://www.rcmp-grc.gc.ca/pubs/fire-feu-eval/eval-eng.pdf. 

43 Id. at 39.

44 Highlights of Canada’s Firearms Laws, RCMP, supra note 16 (discussing Storage, Display, 

Transportation and Handling of Firearms by Individuals Regulations (Firearms Act), SOR/98-209, http://lawslois.justice.gc.ca/eng/regulations/SOR-98-209/index.html). 

The Law Library of Congress 56 
Firearms-Control Legislation and Policy 

All firearms have to be unloaded when stored. Non-restricted firearms must be secured 

with a locking device, “such as a trigger lock or cable lock (or remove the bolt) so the firearms 

cannot be fired,” or the firearm must be locked “in a cabinet, container or room that is difficult to 

break into.”45 Restricted and prohibited firearms must be secured with locking devices and be 

kept in a cabinet, container, or room, or must be kept “in a vault, safe or room that was built or 

modified specifically to store firearms safely.”46 Separate rules apply for displaying firearms in 

a home.47

Non-restricted firearms “must be unloaded during transportation.”48 Restricted and 

prohibited firearms must be unloaded and secured with locking devices and locked in a “sturdy, 

non-transparent container.”49 Moreover, bolts and or bolt carriers must be removed from 

automatic firearms (if removable). Also, for restricted and prohibited firearms an Authorization 

to Transport permit must be obtained.50 

E. Criminal Sanctions 

Both the Firearms Act and the Criminal Code contain offenses and penalties for the 

“illegal possession or misuse of a firearm.”51 Section 91(1) of the Criminal Code criminalizes 

the possession of a firearm without a license and registration certificate.52 The Code also 

contains provisions on the use of firearms or imitation firearms in the commission of an 

offense,53 careless use of firearms,54 pointing of a firearm,55 improper storage,56 and the failure 

to report a lost or found firearm.57 The Code also contains provisions for certain possession/use, 

trafficking, assembly, and import/export offenses. 

In addition, the Firearms Act includes offenses such as contravening conditions of a 

license, registration certificate, or authorization;58 making false statements to procure a license, 

45 Storing, Transporting and Displaying Firearms, RCMP, http://www.rcmp-grc.gc.ca/cfp-pcaf/fsfd/storage-entreposage-eng.htm (last modified July 7, 2012). 

46 Id. 

47 Id. 

48 Id. 

49 Id. 

50 Id. 

51 Id. 

52 Criminal Code § 91(1).

53 Id. § 85(1), (2). 

54 Id. § 86(1). 

55 Id. § 87(1).

56 Id. § 86(2).

57 Id. § 105(1).

58 Firearms Act § 110.

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Firearms-Control Legislation and Policy 

registration certificate, or authorization;59 and defacing or altering a license, registration 

certificate, or authorization.60 

II. Impact

Numerous studies have been conducted to assess the impact of Canada’s firearms 

legislation on firearms-related deaths. Studies have attempted to evaluate three different periods 

of reform, which involved Bill C-51 in 1977, Bill C-17 in 1991, and Bill C-68 in 1995. 

According to a 1988 study, “the use of firearms in Canadian homicides has declined since 

the legislative changes in gun control and capital punishment in late 1976.” However, the study 

found that the changes in the law had no impact on total standardized national homicide rates.61 

A 1994 report concurred that “[d]ata from Canada from 1969 to 1985 showed that the passage of 

a stricter firearms control law in 1977 was associated with a decrease in the use of firearms for 

homicide but an increase in the use of all other methods for homicide.”62 Another study on the 

impact of gun control legislation (Bill C-51) in Canada “suggests that controlling access to lethal 

means for suicide may be an effective tactic.”63 

However, according to a paper by Professor Robert Mundt, 

[t]he evidence suggests that the 1977 legislation has had little perceptible impact in any 

of the aforementioned areas [violent crime, suicides, and accidental deaths]. One 

possible reason, apart from the possible conclusion that gun control has no direct effect 

on behaviour, is that, despite the legislation, the actual availability of firearms in the 

hands of Canadians has risen.64 

A 2004 study looking at the impact of the Firearms Act on suicide found that “[a] 

decrease in firearm suicides was most noticeable in the under-25 age group, although it was in 

59 Id. § 105(1).

60 Id. § 107.

61 Catherine F. Sproule & Deborah J. Kennett, The Use of Firearms in Canadian Homicides 1972–1982: 

The Need for Gun Control, 30 CANADIAN J. CRIMINOLOGY 31, 34 (1988), available at http://heinonline.org/ 

HOL/Page?handle=hein.journals/cjccj30&div=8&g_sent=1&collection=journals (by subscription). 

62 Antoon A. Leenaars & David Lester, Effects of Gun Control on Homicide in Canada, 75(1) PSYCHOL.

REP. 81, summary (1994), http://www.amsciepub.com/doi/abs/10.2466/pr0.1994.75.1.81 (by subscription); see also 

Antoon A. Leenaars & David Lester, Gender and the Impact of Gun Control on Suicide and Homicide, 2 ARCHIVES 

SUICIDE RES. 223 (1996), http://www.tandfonline.com/doi/pdf/10.1080/13811119608259004. 

63 Antoon A. Leenaars et al., The Impact of Gun Control (Bill C-51) on Suicide in Canada, 27 DEATH 

STUD. 103, 120 (2003), http://www.tandfonline.com/doi/pdf/10.1080/07481180302890; see also Antoon A. 

Leenaars, Gun-Control Legislation and the Impact on Suicide, 28 CRISIS: J. CRISIS INTERVENTION & SUICIDE 

PREVENTION 50, 57, http://www.psycontent.com/content/l643741r2q063n16/ (by subscription); David Lester, Gun 

Availability and the Use of Guns for Suicide and Homicide in Canada, 91 CAN. J. PUB. HEALTH 186, 187 (May–

June 2000), http://journal.cpha.ca/index.php/cjph/article/viewFile/196/196. 

64 Robert J. Mundt, Gun Control and Rates of Firearms Violence in Canada and the United States, 32 

CANADIAN J. CRIMINOLOGY 137 (1990), available at http://heinonline.org/HOL/Page?handle=hein.journals/ 

cjccj32&div=13&g_sent=1&collection=journals (by subscription). 

The Law Library of Congress 58 
Firearms-Control Legislation and Policy 

this same age group that the general suicide rate increased the most. The reduction of firearm 

suicides was not accompanied by a decrease in overall suicide rates.”65 Another study found that 

“[t]here is no discernable impact on public safety by the firearm program”66 instituted by the 

Firearms Act. 

A 1998 study commissioned by the Department of Justice, which reviewed most 

literature available at that time, found that the impact of firearms regulations remained 

“somewhat inconclusive and controversial, partly because the studies have attempted to isolate 

the impact of the 1977 legislation, and because of the theoretical and methodological challenges, 

and issues of data quality and availability, inherent in this type of evaluative research.”67

A 2004 study found “a significant decrease after passage of Bill C-17 [in 1991] in the 

rates of suicides and homicides involving firearms and the percentage of suicides using 

firearms.”68 However, more recent studies appear to present a mixed picture. A 2012 study 

concluded that the data “failed to demonstrate a beneficial association between [firearms] 

legislation and firearm homicide rates between 1974 and 2008.”69 Some criticize this study 

since it did not take into account suicide deaths, which account for three-quarters of 

70

gun 

eaths.

e attributed to a decrease in homicides involving a 

fle or shotgun.”72 According to 2011 data, 

d

According to 2010 data available at Statistics Canada, over the past thirty years firearmrelated homicides have continued to decline.71 Moreover, “[m]uch of the decline in firearmrelated homicide since the early 1980’s can b

ri

65 Jean Caron, Gun Control and Suicide: Possible Impact of Canadian Legislation to Ensure Safe Storage 

of Firearms, 8 ARCHIVES SUICIDE RES. 361, 374 (2004), available at http://www.tandfonline.com/doi/pdf/ 

10.1080/13811110490476752. 

66 Gary A. Mauser, Evaluating Canada’s 1995 Firearm Legislation, 17 J. FIREARMS & PUB. POL’Y 1

(2005), available at http://heinonline.org/HOL/Page?handle=hein.journals/jfpp17&div=3&g_sent= 

1&collection=journals (by subscription); see also Gary A. Mauser, Ten Myths About Firearms and Violence in 

Canada, 23 J. FIREARMS & PUB. POL’Y 76 (2011), available at http://heinonline.org/HOL/Page?handle=hein. 

journals/jfpp23&div=7&g_sent=1&collection=journals (by subscription). 

67 Yvon Dandurand, Firearms, Accidental Deaths, Suicides and Violent Crime: An Updated Review of the 

Literature with Special Reference to the Canadian Situation (Working Document, International Centre for Criminal 

Law Reform and Criminal Justice Policy, 1998), http://www.justice.gc.ca/ eng/pi/rs/rep-rap/1998/wd98_4-

dt98_4/wd98_4.pdf. 

68 F. Stephen Bridges, Gun Control Law (Bill C-17), Suicide, and Homicide in Canada, 94 PSYCHOL. REP.

819, 826 (2004), available at http://uwf.edu/fbridges/PR%20Gun%20Control%20Law%20Suicide%20Homicide 

%20Canada.pdf. 

69 Caillin Langmann, Canadian Firearms Legislation and Effects on Homicide 1974 to 2008, 27(12) J.

INTERPERSONAL VIOLENCE 2303 (2012). 

70 Steve Mertl, New Study Claims Gun-control Laws Have No Effect on Canadian Murder Rate, DAILY 

BREW (blog) (Oct. 7, 2011), http://ca.news.yahoo.com/blogs/dailybrew/study-claims-gun-control-laws-no-effectcanadian-201239248.html. 

71 Tina Hotton Mahony, Homicide in Canada, 2010, STATISTICS CANADA, http://www.statcan.gc.ca/ 

pub/85-002-x/2011001/article/11561-eng.htm (last modified Oct. 26, 2011). 

72 Id. 

The Law Library of Congress 59 
Firearms-Control Legislation and Policy 

The Law Library of Congress 60 

s still accounted for about two-thirds of all 

rearms used to commit homicide in 2011.73

I. Distribution of Firearms 

that time, the estimated total number of guns held by civilians in Canada 

was 9,950,000.76 

the 

CMP reported that there were 7,861,902 firearms registered to individuals and businesses.79

egal Research Analyst 

[t]here were 158 homicides committed with a firearm in 2011, 13 fewer than the previous 

year. The 2011 rate of 0.46 firearm homicides per 100,000 population was the lowest in 

almost 50 years. The recent decline in the rate of firearm homicides is mainly due to a 

drop in the rate of homicides committed with a handgun, which has fallen nearly 30% 

over the past four years. However, handgun

fi

II

According to the 2007 Small Arms Survey,

74 Canada was then ranked thirteenth in the 

world out of 178 countries surveyed in civilian gun ownership, with a ratio of 23.8 firearms per 

100 people.75 At 

According to data of the RCMP, as of September 2012 Canadians held 1,927,693 valid 

licenses for firearms,77 which equates to 5,758 licenses per 100,000 population.78 In 2011, 

R

Prepared by Tariq Ahmad 

L

73 Homicide in Canada, 2011, STATISTICS CANADA, http://www.statcan.gc.ca/pub/85-002-

x/2012001/article/11738-eng.htm. 

74 See Annex 4, Aaron Karp, Completing the Count: Civilian Firearms, in SMALL ARMS SURVEY 2007:

GUNS AND THE CITY 67 (Cambridge Univ. Press., Aug. 27, 2012), http://www.smallarmssurvey.org/file 

admin/docs/A-Yearbook/2007/en/Small-Arms-Survey-2007-Chapter-02-annexe-4-EN.pdf; see also Palash R. Gosh, 

Connecticut Shooting: How Canada Views America’s School Massacre and Gun Culture, INT’L BUS. TIMES (U.S.

ED.) (Dec. 19, 2012), http://www.ibtimes.com/connecticut-shooting-how-canada-views-americas-school-massacregun-culture-949300. 

75 Id. 

76 Id.; see also GUNPOLICY.ORG, supra note 39. 

77 Facts and Figures (July – September 2012) Canadian Firearms Program, RCMP, http://www.rcmpgrc.gc.ca/cfp-pcaf/facts-faits/index-eng.htm. 

78 Id. 

79 ROYAL CANADIAN MOUNTED POLICE, COMMISSIONER OF FIREARMS REPORT – 2011 (2012), 

http://www.rcmp-grc.gc.ca/cfp-pcaf/rep-rap/2011-comm-rpt/index-eng.htm. 
CHINA 

FIREARMS-CONTROL LEGISLATION AND POLICY 

Summary 

Firearms have been tightly controlled in China ever since the 

establishment of the People’s Republic of China. Currently, the primary statute in 

regulating firearms is the Firearms-Control Law, which took effect on October 1, 

1996. Criminal offenses relating to firearms control are governed by the 

Criminal Law. 

The Firearms-Control Law generally prohibits any private possession of 

firearms in China with extremely limited exceptions. Aside from firearms for 

military use, the Law categorizes firearms as those for official use and those for 

civilian use. Firearms for official use are strictly confined to the police, 

procuratorial personnel working on investigations, and customs personnel. In 

addition, guards and escort personnel working for important state defense 

enterprises, financial institutions, storehouses, and scientific research institutions 

may carry firearms if the firearms are necessary for the performance of their duties. 

Firearms for civilian use are permitted for specified “work units” in three areas: 

sports; hunting; and wildlife protection, breeding, and research. Individual hunters 

in hunting areas and herdsmen in pastoral areas may possess hunting rifles, which 

cannot be removed from those areas. 

The Criminal Law provides harsh penalties for gun-control violations. 

Illegal possession of firearms is punishable by police supervision, criminal detention, 

or fixed-term imprisonment for up to seven years. Illegally manufacturing, trading, 

transporting, mailing, or storing five military guns, five gunpowder-propelled

nonmilitary guns, ten other nonmilitary guns, fifty military bullets, five hundred 

nonmilitary bullets, three hand grenades, or any explosive devices that can cause 

serious damage is punishable by fixed-term imprisonment of not less than ten years, 

life imprisonment, or death. The same punishments may be imposed for theft or 

robbery of firearms, and using firearms to commit robbery.*

 

* A previous version of this report was prepared by Tao-tai Hsia and Constance A. Johnson of the Law

Library staff in May 1997. 

The Law Library of Congress 61 
Firearms-Control Legislation and Policy 

I. Introduction 

A. History of Firearms Control in the People’s Republic of China 

 

Firearms are very tightly controlled in China. Firearms control has been in place for most 

of the history of the People’s Republic of China (PRC). Only about twenty months after the 

formal establishment of the PRC, the Provisional Measures on Firearms Control were published on 

June 27, 1951 (Provisional Measures).1 Many of the articles in the Provisional Measures were 

designed to identify and gain control of the large number of firearms that were within the territory 

of China at the time as a result of the long period of civil war that ended with the Chinese 

Communist Party’s victory in 1949. For example, there was a provision authorizing public 

security organs (police) at all levels to take an inventory of all the firearms in the area, and permits 

could then be issued to those authorized to have firearms.2 

 Under the Provisional Measures, aside from military personnel, government officials of a 

certain rank who needed firearms for their duties and who obtained approval from higher-level 

supervisors could receive authorization to carry guns. Faculty and students in nonmilitary schools 

and personnel in publicly owned factories, stores, enterprises, and mass organizations could carry 

guns if doing so was necessary for the performance of their duties, as long as they obtained 

approval from certain high-level government organs.3

 Privately operated enterprises were allowed 

to keep the guns they already had if they reported the guns for registration with the public security 

organs, were approved, and were issued licenses.4 The “firearms” regulated in the Provisional 

Measures were rifles, carbines, pistols, and all other kinds of long or short guns, with the exception 

of hunting rifles.5

 

 In 1981, the 1951 Provisional Measures were replaced by the Measures on Firearms 

Control (Measures).6 The new Measures expressly brought hunting rifles and sport-shooting guns 

under regulation.7

 Hunters and hunting units were generally allowed to possess hunting rifles 

under the Measures. Other citizens over eighteen years of age could possess up to two hunting 

 1

 Qiangzhi Guanli Zanxing Banfa [Provisional Measures on Firearms Control] (approved for publication by 

Zhengwu Yuan, June 27, 1951), GONGAN FAGUI HUIBIAN [COLLECTION OF PUBLIC SECURITY LAWS AND 

REGULATIONS] 228–31 (1980). 

2 Id. art. 15. 

3 Id. arts. 7 & 8. 

4 Id. art. 10. 

5 Id. art. 1. 

6

 Zhonghua Renmin Gongheguo Qiangzhi Guanli Banfa [The PRC Measures on Firearm Control] 

(approved by the State Council, Jan. 5, 1981, put into effect by the Ministry of Public Security, Apr. 25, 1981), 

ZHONGHUA RENMIN GONGHEGUO GONGAN FAGUI XUANBIAN [SELECTED COLLECTION OF PUBLIC SECURITY LAWS 

AND REGULATIONS IN THE PEOPLE’S REPUBLIC OF CHINA] 97–102 (1982). 

7 Id. art. 2. 

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Firearms-Control Legislation and Policy 

rifles.8 Furthermore, the Measures added articles specifically to regulate the firearms brought into 

and out of the country by foreigners.9

 

 On July 5, 1996, the Law of the People’s Republic of China on Firearms Control 

(Firearms-Control Law) was adopted by the Standing Committee of the National People’s 

Congress (NPC) to replace the 1981 Measures.10 

 B. Legislative Framework 

 

 The Firearms-Control Law, which took effect on October 1, 1996, is the primary statute for 

regulating firearms.11 The Law authorizes the central government agencies, in particular the 

Minister of Public Security (MPS), to issue detailed rules regulating specific aspects of firearms 

control. For example, the MPS and the General Administration of Sport jointly issued the 

Measures for the Administration of Guns for Competitive Sport Shooting in 2010, which took 

effect on January 1, 2011.12 Agencies authorized to use guns also issue their own gun rules, 

such as the Rules of the People’s Procuratorate on Gun Administration, issued in 1998 by the 

Supreme People’s Procuratorate.13 

Supplementing the provisions provided by the Firearms-Control Law are articles in the 

Criminal Law governing firearms control.14 The Law on Penalties for Administration of Public 

Security also contains a provision establishing penalties for minor offenses related to illegally 

carrying guns and ammunition.15

II. Possession of Firearms 

 The approach of the Firearms-Control Law is to prohibit any private possession of firearms 

in China except under extremely restricted conditions. Compared with its predecessor, the range of 

 8 Id. art. 6. 

9 Id. arts. 24–29. 

10 Firearms-Control Law, Chinese text in ZHONGHUA RENMIN GONGHEGUO GUOWUYUAN GONGBAO

[GAZETTE OF THE STATE COUNCIL OF THE PEOPLE’S REPUBLIC OF CHINA] 805–14 (Aug. 1, 1996), English translation 

available at Westlaw China (by subscription). 

11 Id. 

12 Sheji Jingji Tiyu Yundong Qiangzhi Guanli Banfa [Measures for the Administration of Guns for 

Competitive Shooting Sports] (Sept. 20, 2010), MPS website, http://www.mps.gov.cn/n16/n1282/n3493/ 

n3778/n4288/2526414.html. 

13 Renmin Jianchayuan Qiangzhi Guanli Guiding [People’s Procuratorate (SPP) Rules on Administration of 

Guns] (issued July 9, 1998), SPP website, http://www.spp.gov.cn/site2006/2006-02-22/00026-76.html. 

14 Zhonghua Renmin Gongheguo Xingfa [PRC Criminal Law] (promulgated by the NPC, July 1, 1979, 

revised Mar. 14, 1997, effective Oct. 1, 1997, last amended Feb. 25, 2011), XINBIAN ZHONGHUA RENMIN 

GONGHEGUO CHANGYONG FALU FAGUI QUANSHU [NEW COMPLETE FREQUENTLY-USED LAWS AND REGULATIONS 

OF THE PEOPLE’S REPUBLIC OF CHINA] 6-1 to 6-46 (2012), English translation available at LUO WEI, AMENDED AND 

ANNOTATED CRIMINAL CODE OF CHINA (2012). 

15 Zhi’an Guanli Chufa Fa [Law on Penalties for Administration of Public Security] (adopted by the NPC 

Standing Committee, Aug. 28, 2005), art. 32, 2005 THE LAWS OF THE PEOPLE’S REPUBLIC OF CHINA 55, 63. 

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Firearms-Control Legislation and Policy 

groups and individuals permitted to possess guns is significantly narrowed. The 1981 provision 

allowing citizens over eighteen years of age to possess two hunting rifles was abolished; instead, 

the new Law permits only hunters and herdsmen to possess hunting rifles in areas delineated by 

provincial governments, subject to approval, and such guns cannot be brought out of these hunting 

or pastoral areas.16 

 A. Definition 

 

 “Firearms” under the Firearms-Control Law is defined to mean “various guns that are 

propelled by gunpowder or pressurized air, and that use tube-like equipment to shoot metal balls or 

other materials that are powerful enough to injure or kill people or render them unconscious.”17 

The manufacture, distribution, and transport of the main parts or components of guns and of 

ammunition are also subject to this Law.18

 Firearms are divided into three categories according to the purposes of their use: (1) 

military firearms,19 (2) firearms for official use, and (3) firearms for civilian use.20 Military 

firearms (those used by the army and the armed police) are separately regulated by the State 

Council and the Central Military Commission.21

 B. Firearms for Official Use 

 

 Firearms for official use are confined to police attached to public security organs, state 

security organs, prisons, reeducation camps, the courts, and the procuratorates, as well as to 

procuratorial personnel working on investigations and customs personnel. Guards and escort 

personnel working for important state defense enterprises, financial institutions, storehouses, and 

scientific research institutions may also be issued firearms for official use, providing that the 

firearms are necessary to the performance of their duties and the MPS gives its approval.22 In 

1998, the MPS published the Measures for Equipment of Firearms for Official Use, a set of 

concrete rules that govern its policies “according to the principle of strict control.”23 Even for the 

firearms for official use, the process is not automatic; a firearms-possession permit from the 

MPS or its provincial-level counterparts must be obtained.24

 16 Firearms-Control Law arts. 6, 10, 12. 

17 Id. art. 46. 

18 Id. art. 48. 

19 Article 2(2) of the Law states, “[w]here other regulations are formulated by the State Council and the 

Central Military Commission regarding control of guns with which the Chinese People’s Liberation Army, the 

Chinese People’s Armed Police Forces, and the Militia are armed, those regulations shall apply.” Id. art. 2(2). 

20 Id. ch. 2. 

21 Id. art. 2(2). 

22 Id. art. 5. 

23 Gongwu Yongqiang Peibei Banfa [Measures on Equipment for Guns for Official Use] (republished by the 

MPS, Aug. 28, 2002, Gong An Bu Gong Zhi [2002] No. 128), Chinese Government Public Information Online 

(Shandong Station), http://govinfo.nlc.gov.cn/sdsfz/xxgk/sdsgat/201209/P020120914242146736728.doc. 

24 Firearms-Control Law art. 7. 

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 C. Firearms for Civilian Use 

 There are three categories of “work units” in which civilian use of firearms is permitted: 

 “sports units” that are specifically engaged in shooting sports and for-profit shooting 

ranges, which are set up with the approval of the provincial government authorities; 

 hunting grounds, which are set up with the approval of the provincial government 

authorities; and 

 wildlife protection, breeding, and research institutions, if firearms are necessary in 

their operations.25 

 The types of firearms permitted are specific to their functions, be they sport-shooting guns, 

hunting rifles, or anesthetizing guns.26 

 Individual hunters in hunting areas and herdsmen in pastoral areas may apply to countylevel public-security organs in the area for permission to carry hunting rifles. To do so, they must 

present their hunting licenses, where applicable, and identification cards.27 

 The MPS is authorized by the Law to develop detailed rules for all civilian firearms use, to 

be issued with the approval of the State Council.28 In addition, there is a specific prohibition in the 

Law against removing firearms from shooting ranges or hunting rifles from designated hunting or 

pastoral areas.29 

 As with the possession of firearms for official use, permits for the possession of firearms 

for civilian use must be obtained from public security organs at specified levels. 30 

 D. Day-to-Day Management of Firearms 

 Anyone permitted to have firearms has the legal responsibility to ensure they are stored and 

used safely, and must undergo special training in this regard.31 One must have a permit to carry 

firearms, and firearms may not be carried in areas where they are not permitted. Moreover, should 

they be lost or stolen, the authorities must be notified immediately.32 

 25 Id. art. 6. 

26 Id. 

27 Id. art. 10. 

28 Id. art. 6. 

29 Id. art. 12. 

30 Id. arts. 7–11. 

31 Id. arts. 23–24. 

32 Id. art. 25. 

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Those weapons that do not meet technical standards must be disposed of by the police. 

Public security officials at the provincial level have the responsibility to destroy such firearms. As 

an additional safety measure, the Law authorizes the authorities to conduct inspections to 

determine that the proper permits have been obtained, that firearms are being used properly, and 

that they are in good condition.33 

III. Manufacture and Distribution of Firearms

The state has established a licensing system for the manufacture and distribution of 

firearms. According to the Firearms-Control Law, no one, whether an individual or an enterprise, 

may manufacture or distribute firearms without a license. Firearms for official use as defined by 

the Law must be manufactured at enterprises designated by the state to do so, while those for 

civilian use may be made by enterprises nominated by the relevant department of the State Council 

and approved by the MPS. The manufacturing license and distribution license are valid for a 

period of three years and may be renewed through an application process.34 The state imposes 

quotas on the number of guns to be made and distributed for civilian use, and the Law outlines the 

system for establishing the quotas.35 Facilities that manufacture or distribute firearms are required 

to follow strict security measures and to submit to regular inspections and record checks by the 

authorities; in some cases, police personnel may be stationed at manufacturing plants.36

Guns must be made to strict technological standards, and enterprises may not change their 

design functions or structures. The name of the manufacturer, the model code, and the serial 

number must be printed on each gun.37 Designs for firearms are developed by the State Council 

and the MPS.38 Imitation guns are prohibited by law from being manufactured or sold.39

IV. Local Transportation of Firearms

No one may transport firearms in China without approval. Anyone needing to transport 

firearms must obtain a transportation permit from the public security organs by reporting the types 

and numbers of the firearms to be transported, together with information on the means of 

transportation to be used and the routes to be followed. The transportation permit is issued by the 

public security organs where the recipient of the firearms is located: at the municipal level for 

intraprovincial transportation, or the provincial level for interprovincial transportation.40

33 Id. arts. 27–29. 

34 Id. arts. 13–15. 

35 Id. arts. 16–17, 19. 

36 Id. arts. 18(2), 20. 

37 Id. art. 18. 

38 Id. art. 21. 

39 Id. art. 22. 

40 Id. art. 30. 

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 The manner in which guns are handled in transportation is also regulated by the FirearmsControl Law. Secure, enclosed facilities are to be used, and special personnel are to be assigned as 

escorts. Local police are to be notified if any overnight stops are made. Guns and ammunition are 

to be transported separately, and mailing of firearms is strictly prohibited.41

V. Transporting Firearms into and out of China 

 Like its predecessor, the 1996 Firearms-Control Law also contains provisions on 

transporting firearms into and out of China. No one may cross the border with firearms without 

approval from the MPS, with limited exceptions for foreign diplomatic personnel and sports 

delegations bringing guns in or out of the country for shooting sports.42 When firearms are 

brought into the country, they must be registered, with approval documents, at the border 

checkpoint. At that time, customs officers will issue a clearance and an application must be made 

for a permit to carry the firearms within the country. Once the final destination within China is 

reached, possession permits must be applied for from the local police. When firearms are taken out 

of the country, approval documents are to be presented at the departure border checkpoint, where a 

clearance will be issued.43

 The Law contains special provisions for foreign diplomatic personnel. Permission must be 

obtained in advance from the Ministry of Foreign Affairs for diplomats to bring firearms into the 

country. The firearms must be kept within the institution that the personnel represent, and notice 

should be given to the Ministry when the firearms are removed from China.44 When firearms are 

carried into the country in a foreign vehicle for transit through China, this must be reported at the 

border and the vehicle sealed until it leaves the country.45 Foreign sports delegations that come to 

participate in shooting events, and Chinese athletes going abroad for the same purpose, must obtain 

approval from the General Administration of Sport to carry their sports guns.46

VI. Offenses and Penalties

A. The Firearms-Control Law 

 

 The Firearms-Control Law, like the 1981 Measures, does not detail punishments for major 

gun-related offenses; instead, it links offenses with specific Criminal Law provisions. The Law 

assigns punishments for minor firearms offenses as follows: 

 Enterprises that are licensed to do business making and selling firearms can have their 

licenses suspended or revoked if they exceed their authorization as to types or 

 41 Id. arts. 31–32. 

42 Id. arts. 33 & 36. 

43 Id. art. 37. 

44 Id. art. 34. 

45 Id. art. 38. 

46 Id. art. 35. 

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Firearms-Control Legislation and Policy 

quantities of weapons, deal in incorrectly labeled weapons, or market items internally 

that are meant for export.47

 Those who transport firearms without properly following the regulations for security

and safety can be punished with criminal detention for up to fifteen days if the case is

not serious enough to constitute a crime under the Criminal Law.48

 Anyone who leases or lends firearms in violation of the Law can be detained by public

security organs for a period of up to fifteen days or fined up to 5,000 yuan (about

US$803) if the case is not serious enough to constitute a crime under the

Criminal Law.49

 Those who disregard stipulated technical standards in manufacturing firearms, carry

them to places where they are not permitted, fail to report thefts of firearms promptly,

fail to surrender improperly made firearms, or make or sell counterfeit firearms, aside

from possible criminal indictments, may be warned, fined, or detained for up to fifteen

days. Counterfeit firearms are to be confiscated, a fine of up to 5,000 yuan may be

imposed, and in serious cases business licenses may be revoked.50

 Police who improperly allocate guns, illegally issue permits to carry guns, keep

confiscated items for themselves, or otherwise fail to carry out duties regarding

firearms in a way that causes adverse consequences will be investigated to determine

criminal responsibility and can be subjected to disciplinary punishment, even if they are

not held liable under the Criminal Law.51

B. The Criminal Law 

Cases of serious firearms-control offenses are punishable under the Criminal Law, which 

provides harsh penalties for gun-related offenses. Detailed rules on the application of these 

Criminal Law provisions are provided by the Supreme People’s Court (SPC) through judicial 

interpretations. The most recent version of the interpretation (SPC Interpretation) was published in 

2009 and took effect on January 1, 2010.52 

1. Crimes Endangering Public Security

Most gun-related offenses are regulated by Criminal Law articles under the chapter 

“Crimes Endangering Public Security.” Article 125 of the Criminal Law provides that those who 

47 Id. art. 40. 

48 Id. art. 42. 

49 Id. art. 43. 

50 Id. art. 44. 

51 Id. art. 45. 

52 Zuigao Renmin Fayuan Guanyu Shenli Feifa Zhizao, Maimai, Yunshu Qiangzhi, Danyao, Baozhawu 

deng Xingshi Anjian Juti Yingyong Falv Ruogan Wenti de Jieshi [The SPC Interpretation on Certain Issues 

Regarding the Specific Application of Laws in the Trial of Criminal Cases Involving the Illegal Manufacture, 

Trading, and Transportation of Guns, Ammunition, and Explosives] (issued Nov. 16, 2009, effective Jan. 1, 2010), 

SPC website, http://www.court.gov.cn/qwfb/sfjs/201002/t20100210_1069.htm. 

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Firearms-Control Legislation and Policy 

illegally manufacture, trade, transport, mail, or store any guns, ammunition or explosives be 

sentenced to fixed-term imprisonment of not less than three years but not more than ten years; if 

the circumstances are serious, the offender is sentenced to fixed-term imprisonment of not less than 

ten years, life imprisonment, or death. According to the SPC Interpretation, illegally 

manufacturing, trading, transporting, mailing, or storing five military guns, five gunpowder-driven 

nonmilitary guns, ten other nonmilitary guns, fifty military bullets, three hand grenades, and 

explosive devices that can cause serious damage may be deemed “serious circumstances” under 

article 125 of Criminal Law, which are punishable with death.53 When it is a work unit or 

enterprise that is guilty of the offense, that entity is fined and responsible management personnel 

may be subject to the same punishments as an individual convicted of the crime.54 

 Enterprises legally designated or permitted to manufacture or distribute firearms that do not 

follow firearms-control regulations are subjected to fines, and their leaders may be punished with 

up to five years of imprisonment. If the circumstances are serious, their punishment is from five to 

ten years; in “especially serious” cases, the sentence is ten years or more, or life imprisonment.55 

The Criminal Law outlines the actions that in general trigger these penalties. These actions include 

exceeding the limits of quantity or variety the enterprise is permitted to make or sell, for the 

purpose of illegal sales; manufacturing unmarked, redundantly marked, or falsely marked firearms, 

also for the purpose of illegal sales; and illegally selling firearms, which includes selling arms 

within China that were made for export.56 According to the SPC Interpretation, illegally 

manufacturing more than twenty guns, selling more than ten guns, or “other flagrant circumstances 

such as those causing serious consequences” may constitute “serious circumstances”; illegally 

manufacturing more than fifty guns, selling more than thirty guns, and “other flagrant 

circumstances such as those causing serious consequences” may be deemed “especially serious” 

and are punishable with life imprisonment.57

 According to article 127 of the Criminal Law, the stealing or forcible seizure of firearms, 

ammunition, or explosives is punishable, depending on the seriousness of the case, with three to 

ten years of imprisonment, ten or more years, life imprisonment, or even the death penalty. 

Moreover, robbery of any guns, ammunition, or explosives, or stealing or forcibly seizing such 

articles from state organs, members of the armed forces, the police, or the people’s militia is 

punishable by fixed-term imprisonment of not less than ten years, life imprisonment, or death.58 

 Anyone illegally possessing, concealing, lending, or leasing firearms, ammunition, or 

explosives is subject to police surveillance, criminal detention, or imprisonment for up to seven 

years, depending again on the seriousness of the case.59 “Illegal possession” means persons not 

authorized to be equipped with guns and ammunition possessing these articles in violation of the 

 53 Id. arts. 1–2. 

54 Criminal Law art. 125(3). 

55 Id. art. 126. 

56 Id. 

57 SPC Interpretation art. 3. 

58 Criminal Law art. 127. 

59 Id. art. 128. 

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gun-control laws, while “illegal concealing” refers to those authorized to be equipped with guns 

and ammunition keeping the articles in private beyond the period of authorization and refusing to 

hand them over.60

Those who have legal charge of firearms but lose them and do not report the loss promptly 

may be punished with up to three years of imprisonment or criminal detention.61 Those who 

endanger public security by illegally carrying firearms, ammunition, or explosives into public 

places or onto public transportation may be punished, when circumstances are serious, with up to 

three years of imprisonment, criminal detention, or public surveillance if the circumstances 

are serious.62 

2. Armed Robbery

Under ordinary circumstances, robbery is punishable by fixed-term imprisonment of three 

to ten years with a fine. However, under certain circumstances, the penalties may be increased to 

fixed-term imprisonment of more than ten years, life imprisonment, or death, with a fine or 

confiscation of property. Using firearms to commit robbery is one such circumstance.63

C. Law on Penalties for Administration of Public Security 

The Law on Penalties for Administration of Public Security contains one provision on 

minor offenses related to illegally carrying firearms. A person who illegally carries firearms and 

ammunition, or crossbows and daggers, may be detained for not more that five days and may, in 

addition, be fined not more than 500 yuan; if the circumstances are relatively minor, he is given a 

warning or fined not more than 200 yuan. A person who illegally carries firearms and 

ammunition, or crossbows and daggers, to a public place or aboard public transportation may be 

detained for not less than five days but not more than ten days and may, in addition, be fined not 

more than 500 yuan.64

VII. Concluding Remarks

On the morning of December 14, 2012, the same day as the Sandy Hook Elementary 

School shooting in the US, a man in central China’s Henan Province walked into an elementary 

school and began attacking children with a knife. Twenty-three of the children were injured, 

according to the report of the official Xinhua News Agency, but none seriously. The man had 

allegedly obtained the weapon when he burst into an elderly woman’s house near the elementary 

60 SPC Interpretation art. 8. 

61 Criminal Law art. 129. 

62 Id. art 130. The last set of punishments also applies to those carrying controlled types of knives and 

materials of a combustible, radioactive, poisonous, or corrosive nature. 

63 Id. art. 263. 

64 Zhi’an Guanli Chufa Fa [Law on Penalties for Administration of Public Security] (adopted by the NPC 

Standing Committee, Aug. 28, 2005) art. 32, 2005 THE LAWS OF THE PEOPLE’S REPUBLIC OF CHINA 55, 63. 

The Law Library of Congress 70 
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The Law Library of Congress 71 

school earlier that morning, hit her, and then stabbed her with the kitchen knife he picked up in 

the house.65 

One American commentator used this incident in China to highlight the difference 

between the US and China’s approaches to firearms control, writing, “[t]hat’s the difference 

between a knife and a gun.”66 The domestic media in China likewise acclaims China’s “strictest 

firearms-control policy,” asserting there are significantly fewer crimes committed with guns and 

explosives in China than in many other countries. There were only five hundred criminal 

offenses committed with guns and two hundred explosions reported nationwide in 2011, 

according to Xinhua,67 in a nation with a population of about 1.34 billion. 

Nevertheless, the country still faces the challenges of the illegal possession, manufacture, 

and trade of firearms, as well as armed offenses. From time to time the MPS has launched 

campaigns to fight firearms-control offenses.68 According to the most recent statistics released 

by the MPS, the police uncovered about 670 secret sites for the illegal manufacture and 

distribution of guns in the campaign launched in 2012. After investigating around 14,000 cases 

involving the illegal possession, manufacture, and trade of guns and explosives, the police 

apprehended 20,000 suspects belonging to 360 criminal organizations; 160,000 guns and 2,780 

tons of explosives were seized during the campaign.69

Prepared by Laney Zhang 

Senior Foreign Law Specialist 

65 China School Attach Suspect Arrested, XINHUANET (Dec. 17, 2012), http://news.xinhuanet.com/english/ 

china/2012-12/17/c_132045807.htm. 

66 James Fallows, American Exceptionalism: The Shootings Will Go On, THE ATLANTIC (Dec. 14, 2012). 

67 Gong’an Jiguan Yanda Sheqiang Shebao Fanzui, Chiqiang Baozha Fanzui An Tongbi Xianzhu Xiajiang 

[Public Security Organs Strongly Cracking Down on Crimes Involving Guns and Explosives, Such Crimes 

Significantly Decreased Compared with Previous Years], XINHUANET (Oct. 18, 2012), http://news.xinhuanet. 

com/legal/2012-10/18/c_123841645.htm. 

68 Id. 

69 China Uncovers 670 Gun-related Crime Dens, XINHUANET (Jan. 16, 2013), http://news.xinhuanet.com/ 

english/china/2013-01/16/c_124235386.htm. 
EGYPT 

FIREARMS-CONTROL LEGISLATION AND POLICY 

Summary 

The principle legislation relating to firearms control in Egypt is Law No. 

394 of 1954. The Law prohibits the acquisition or possession without a permit of 

smooth-barrel guns, pistols, and shotguns. It also sets forth exemptions from the 

need to obtain a permit to acquire or own a firearm for specified categories of 

persons, and forbids the licensing of firearms in some cases. Furthermore, Law 

No. 394 prohibits the manufacture, import, trade, and repair of weapons, firearms, 

and their ammunition without a license. In 2012, article 26 of the Law was 

amended to enhance the penalties for acquiring and possessing unlicensed firearms 

and ammunition. In the same year a presidential decree created a temporary 

amnesty program for individuals in possession of firearms without a permit. 

There is apparently a lack of enforcement of Law No. 394 due to the 

deterioration of the security situation after what is known as the “January 25th 

Revolution.” One of the key factors leading to the spread of unlicensed weapons in 

the black market is the rise of smuggled firearms. 

In an effort to combat the proliferation of unlicensed firearms, the Egyptian 

authorities have adopted an array of initiatives and programs. Those initiatives are 

aimed at confiscating unlicensed guns and guns stolen guns from police stations, 

arresting the smugglers and dealers of illegal firearms, and encouraging 

individuals possessing unlicensed weapons to surrender those weapons.*

I. Firearms Licensing Requirements and Restrictions on Use 

The principle legislation on firearms control in Egypt is Law No. 394 of 1954.1

 The Law 

prohibits the acquisition or possession without a permit of smooth-barrel guns, pistols, 

and shotguns.2

The issuance, withdrawal, and revocation of licenses for firearms permitted under Law No. 

394 are the prerogative of the Minister of the Interior. The chiefs of security in the provinces act 

on the Minister’s behalf in licensing firearms, while local police chiefs issue permits to possess 

* A previous version of this report was prepared by George N. Sfeir of the Law Library staff in

August 1997. 

1

 Law No. 394 of 1954, AL JARIDAH AL RASMIYAH [OFFICIAL GAZETTE] No. 53 bis of July 8, 1954. 

2 Id. art. 1, sched. 2, sched. 3 pt. 1, & sched. 3 pt. 2, respectively. 

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“white weapons,” such as bayonets, daggers, lances, switchblades, and pointed canes. The chiefs 

of security also have the authority to decide which types of firearms will be licensed and the 

duration of the license. 

 Normally, permits are issued for three-year periods and are renewable for three-year 

periods. Tourists, however, are issued temporary permits to carry firearms for six-month periods.3 

All permits are personal; Law No. 394 prohibits the transfer of weapons and firearms to persons 

who are not licensed to acquire or own weapons and firearms.4

 Applications for permits must be accompanied by a police record and include the 

photograph and signature of the applicant. The permit itself contains the name, age, profession, 

nationality, and residence of the licensee; a description of the firearm and the purpose for which it 

is licensed; the date of issue and expiry of the permit; and any conditions imposed on the use of the 

firearm. A licensee may occasionally be required to resubmit information and records previously 

provided with the application for a permit and to notify the authorities of a change of address. 

When a licensee loses or relinquishes his firearm by sale or other form of transfer to another 

licensee or gun merchant, he is required to inform the authorities and hand them his permit for 

endorsement. The new owner must present the firearm to the authorities for 

identification purposes.5

 Law No. 394 prohibits the carrying of weapons and firearms in public places, particularly 

those where liquor is served; gambling casinos; and where conferences, meetings, and festivals 

are held.6

II. Exempt Persons 

Law No. 394 of 1954 sets forth exemptions from the need to obtain a permit to acquire or 

own a firearm for specified categories of persons; however, these individuals are required to notify 

the police within one month of the acquisition of a firearm. The first category of 

individuals includes 

 present and former cabinet ministers; 

 active military officers and certain senior government officials, appointed by 

presidential decree; 

 former military officers and government officials of the rank of major general and 

director general; 

 present and former regional governors and directors; 

 3 Id. arts. 2–4. 

4 Id. art. 3. 

5 Id. art. 4. 

6 Id. art. 11. 

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 members of the diplomatic and consular corps, both Egyptian and foreign, on condition 

of reciprocity for Egyptian diplomats; 

 certain officials of the Intelligence Service;7 and 

 present and former members of the People’s Assembly (lower chamber) and Shura 

Council (upper chamber), who must also provide their local police station with 

information concerning the number and description of the firearms they own.8

 The second category of persons exempt from the provisions of Law No. 394 concerning the 

acquisition and ownership of firearms are village chiefs and rural estate elders, with one firearm 

permitted per person, as well as members of the armed forces and police as far as governmentissued firearms and weapons are concerned.9

III. Restricted Persons 

Law No. 165 of 1981, which amended Law No. 394 of 1954, forbids the licensing of 

firearms for persons who 

 have not reached twenty-one years of age; 

 have been convicted of a felony or sentenced for a criminal act or for the illicit use of a 

firearm, are under parole supervision, or have been convicted of trading in explosives 

or drugs, among others; or 

 suffer from a mental or psychological malady, are vagrants, or are physically incapable 

of owning and using firearms (i.e., have poor eyesight or other physical weaknesses 

that would impair the safe and secure use of a firearm).10

IV. Prohibited Weapons and Equipment 

 Specified categories of firearms and related equipment, such as automatic assault rifles, 

rocket-propelled grenades (RPGs), gun silencers, and telescopic equipment used with weapons 

are prohibited.11

V. Regulation of Manufacturers and Dealers 

 Law No. 394 of 1954 prohibits the manufacture, import, trade, and repair of weapons, 

firearms, and their ammunition without a license.12 Moreover, the Law imposes restrictions on the 

location and conditions related to establishments manufacturing or trading and repairing firearms. 

 7 Id. art. 5. 

8

 Law No. 162 of 2003, 50 AL JARIDAH AL RASMIYAH 2003, Dec. 12, 2003, p. 2. 

9

 Law No. 394 of 1954, art. 5. 

10 Law No. 165 of 1981, 42 AL JARIDAH AL RASMIYAH 1981, Dec. 12, 1981, pp. 4–8. 

11 Law No. 394 of 1954, art. 1. 

12 Id. art. 12.

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For instance, article 15 stipulates that individuals engaged in the sale or repair of firearms must 

meet certain qualifications. Article 13 prohibits any trade in or repair of firearms in rural areas. 

Article 18 bans the sale and repair of firearms and ammunition in one location. Article 20 

establishes limits on the number of such establishments in each district and province of the 

country. Article 24 restricts the transfer of firearms and ammunition from one place to another 

without a permit. 

 

VI. Offenses and Penalties 

 In 2012, Law No. 6 of 2012 amended article 26 of Law No. 394 of 1954. This article was 

amended to enhance the penalties for possessing and acquiring unlicensed firearms and 

ammunition. It punishes individuals that acquire or possess without a permit those firearms 

described in Schedule 2 of the Law, such as shotguns, with a prison term and a fine that may not 

exceed EGP5,000 (approximately US$782). The punishment increases to a fine not exceeding 

EGP15,000 (about US$2,347) and a term of hard labor if the firearms in question are among the 

weapons described in part 1 of Schedule 3, such as pistols of all kinds and guns with rifled barrels. 

The amended article also enhances the punishment for acquiring or possessing the firearms 

described in part 2 of Schedule 3, such as machine guns, automatic assault rifles, and explosives, to 

include life imprisonment with hard labor and a fine not exceeding EGP20,000 (about US$3,129). 

 Similarly, under the amended article 26, the acquisition and possession, without a permit, 

of ammunition for all types of weapons mentioned in Schedules 2 and 3 is punishable by a prison 

term and a fine not exceeding EGP5,000 (about US$782). If the accused has a previous criminal 

record, the punishment must be life imprisonment and a fine that may not exceed EGP20,000 

(about US$3,129). 

 Likewise, the amendment penalizes individuals committing the crime of acquiring or 

possessing in public places non-permitted weapons (and related ammunition) or explosives with 

hard labor or life imprisonment with hard labor, and a fine that may not exceed EGP20,000 (about 

US$3,129). The term “public places” includes modes of public transportation and places of 

worship. If an individual intended to use those weapons or ammunition in any act against public 

order and security or to undermine the system of government, the constitution, national unity and 

social harmony, he must be punished by the death penalty.13

 Under article 28 of Law No. 394, the penalty for the manufacture, import, sale, and repair 

of firearms listed under Schedule 2 of the Law without a license is imprisonment and a fine of 

between EGP500 and EGP1,000. The punishment is imprisonment with an enhanced penalty of 

hard labor for the crime of manufacturing, importing, selling, and repairing firearms listed in 

Schedule 3, part 1 of the Law. In the case of firearms listed in Schedule 3, part 2, the punishment 

is life imprisonment with hard labor.14 

 13 Law No. 6 of 2012, 2 AL JARIDAH AL RASMIYAH 2012, Jan. 12, 2012, pp. 5–8. 

14 Law No. 394 of 1954, art. 28. 

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VII. Amnesty

Presidential Decree 90-2012 of 2012 amended article 31(a) of Law No. 394 by creating an 

amnesty for individuals who acquire or possess firearms without a permit. Under this Decree, 

individuals who surrender their illegal weapons to the police will not be charged. Amended article 

31(a) provides that individuals possessing or acquiring firearms or ammunition mentioned under 

Schedules 2 and 3 of the Law without a permit will have amnesty. There will be no charges or 

convictions if those individuals surrendered the unlicensed weapons and ammunition to the 

Directorate of Police or police station within 180 days from the enforcement date of Decree 90-

2012 (October 14, 2012). Individuals who stole firearms and hid them are also exempt if they 

return the stolen firearms during the 180-day grace period.15 

VIII. Enforcement and Current Practices

A. The Scope of the Problem 

Apparently, Law No. 394 is not being enforced at present due to the deterioration of the 

security situation in Egypt following the “January 25th Revolution”16— the popular uprising that 

began on that date in 2011, which led to the downfall of the regime of former President Hosni 

Mubarak. Ordinary citizens rushed to purchase all types of firearms, such as shotguns, homemade 

rifles, pistols, and automatic weapons, in the face of the security vacuum created in the months 

after the January Revolution.17 Reflecting the lack of enforcement, an illegal arms manufacturer 

recently acknowledged his trade in an interview with The Egyptian Gazette and stated that, unlike 

before, he is not afraid of being raided by the police.18 

In spite of the enhanced sanctions against individuals possessing or acquiring firearms 

illegally, the trade of unlicensed firearms has increased at an alarming rate. Illegal firearms 

circulating in the markets are smuggled, made at home, or stolen from the police.19 The high 

demand for unlicensed firearms, despite their illegality, has caused their prices to double and triple 

in some cases. For instance, the price of a smuggled AK47 has reached EGP60,000 (about 

US$9,000) in some cases, compared to the previous cost of EGP15,000 to EGP20,000 (about 

US$2,347–$3,129). Locally-made shotguns that take 16mm and 12mm cartridges, which 

15 Presidential Decree 90-2012, 41 AL JARIDAH AL RASMIYAH 2012, Oct. 14, 2012, p. 3. 

16 Mohammed Elmeshad, Smuggled, Stolen and Homemade, Guns Flood Egypt’s Streets, EGYPT 

INDEPENDENT (June 26, 2011), http://www.egyptindependent.com/news/smuggled-stolen-and-homemade-gunsflood-egypt%E2%80%99s-streets. 

17 Id. 

18 Mohssen Arishie, Panicking Egyptians Snap up Homemade Guns, THE EGYPTIAN GAZETTE (May 30, 

2012), http://213.158.162.45/~egyptian/index.php?action=news&id=18688&title=Panicking%20Egyptians%20 

snap%20up%20home-made%20guns. 

19 According to news reports, more than 11,000 firearms were stolen from police stations and prisons when 

they were stormed by gangs and thugs on January 28, 2011. Minister of Interior: New Regulation to Deal with 

Unlicensed Firearms, AL AHRAM NEWSPAPER (Jan. 7, 2012), http://digital.ahram.org.eg/articles.aspx?Serial= 

759289&eid=145 (in Arabic).

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previously sold for EGP300–500 (US$46–$76) now cost EGP1,000 to 2,000 (US$153–$307).20

Stolen police pistols are priced from EGP200–300 (US$30–$46). Finally, the price of a new, 

locally-made 9mm handgun, known as a “Hilwan,” reached EGP16,000 (about US$2,457), 

compared to EGP4,000 (US$616) previously.21 

Shotguns and homemade rifles are used on the streets on a daily basis against law 

enforcement personnel and private citizens. For example, street vendors used homemade rifles to 

shoot at the police in one of the main squares of Cairo in October 2012. This shooting incident led 

to the injury of two policemen and the death of one street vendor.22 In another incident in 

December 2012 where firearms were used among private citizens, shotguns caused the death of ten 

people during clashes between the supporters and opponents of current Egyptian President 

Mohammed Morsi.23 

According to news reports, the number of unlicensed weapons in Sinai increased by 50% 

after January 25, 2011. Unlicensed firearms are commonly used by tribesmen and tribal chiefs in 

Sinai to protect their land and families.24 Illegal firearms are also used in Sinai by a group of 

individuals calling themselves “Global Jihad.” In recent months, those jihadists carried out 

multiple terrorist attacks against Egyptian police and army personnel operating in the region.25 

B. Routes of Smuggled Firearms 

One of the principle factors leading to the spread of unlicensed weapons in the black 

market is the rise of smuggled firearms. There are two main routes for smuggling firearms into 

Egypt: Libya (the western border) and Sudan (the southern border). 

Media outlets have reported that there was a significant surge in the number of smuggled 

weapons from Libya after the overthrow of Muammar al Gahdafi’s regime. Smuggled weapons 

not only include light firearms, such as automatic and sniper rifles, but also heavy weaponry. 

These types of weapons include heavy projectiles, rocket-propelled grenades, Grad rockets, and 

anti-aircraft ammunition.26 

20 Elmeshad, supra note 16. 

21 Dena Rashad, Sticking to One’s Guns?, AL AHRAM WEEKLY (June 15, 2011), http://weekly.ahram. 

org.eg/2011/1051/eg72.htm. 

22 Police Shoot Street Vendor Dead, AL MASRY AL YOUM (Oct. 15, 2012), http://www.egyptindependent. 

com/news/police-shoot-street-vendor-dead. 

23 Report: Live Ammo, Bird Shot Killed Protestors at Presidential Palace, EGYPT INDEPENDENT (Dec. 21, 

2012), http://www.egyptindependent.com/news/report-live-ammo-bird-shot-killed-protesters-presidential-palace. 

24 Interior Minister: Sinai Citizens Have Role in Protecting Egypt’s Borders, EGYPT INDEPENDENT (Aug. 

10, 2012), http://www.egyptindependent.com/news/interior-minister-sinai-citizens-have-role-protecting-egypt-sborders. 

25 Mohamed Fadel Fahmy, Egypt’s President Condemns Deadly, CNN (Aug. 8, 2012), 

http://www.cnn.com/2012/08/06/world/africa/egypt-violence/index.html. 

26 Police Find Prohibited Firearms, Ammunition Northeast of Cairo, EGYPT INDEPENDENT (Apr. 06, 2012), 

http://www.egyptindependent.com/news/rpg-and-ammunition-found-fayed-news-2. 

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Similarly, firearms dealers took advantage of the armed conflict in Darfur and Chad by 

smuggling illegal weapons to Egypt. According to news reports, firearms and ammunition are 

smuggled from Sudan and Chad through southern Egypt. Bedouin tribes cross the desert from 

Chad to Sudan with all types of weapons left over from tribal warfare. They then bring the 

weapons across the Egyptian border. Once these weapons arrive in southern Egypt, they are 

shipped to Cairo to be sold.27 

C. Programs and Initiatives Addressing Unlicensed Guns 

In an effort to combat the use of unlicensed firearms, the Egyptian authorities have adopted 

an array of initiatives and programs. Those initiatives are aimed at confiscating unlicensed guns 

and guns stolen from police stations, arresting smugglers and dealers of illegal firearms, and 

encouraging individuals possessing and acquiring unlicensed weapons to surrender those weapons. 

In recent months, the Ministry of Interior (in charge of homeland security) stepped up its 

campaign against dealers of unlicensed firearms. For example, the Minister of Interior reportedly 

declared in August 2012 that police forces were able to confiscate 20,000 unlicensed weapons in 

Sinai in the previous months.28 As of January 2012, the Ministry of Interior announced that it was 

able to locate and confiscate 5,415 pieces of firearms that were stolen from police stations, 

according to news reports. Law enforcement personnel also succeeded in confiscating 11,768 

unlicensed firearms from private citizens.29 

Members of the police force worked closely with the army to intercept shipments of 

smuggled, illegal weapons and to arrest smugglers. For example, border guards and police forces 

in the western border areas created various security checkpoints on the highways and patrolled the 

desert areas located closest to the borders. In a recent incident, security officials were able to 

confiscate 108 Grad rockets (ground-to-ground missiles) and 400,000 rounds of antiaircraft ammunition.30

The Egyptian government has adopted various amnesty programs to encourage citizens to 

surrender their unlicensed firearms. In September 2012, Egyptian President Mohammed Morsi 

announced in media outlets the amnesty program mentioned above that was created by the 

amendment of article 31(a) of Law 394 of 1954.31 In June 2011, the Minister of Interior 

announced that the Ministry would offer financial awards to individuals who surrendered their 

unlicensed weapons. He also promised that the Ministry would facilitate administrative procedures 

related to the issuance of licenses for weapons.32 Likewise, in an effort to curb the use of 

 27 Elmeshad, supra note 16. 

28 EGYPT INDEPENDENT, supra note 24. 

29 AL AHRAM NEWSPAPER, supra note 19. 

30 Authorities Intercept Weapons Smuggling from Libya, EGYPT INDEPENDENT (Nov. 21, 2012), 

http://www.egyptindependent.com/news/authorities-intercept-weapons-smuggling-libya. 

31 Magdy Samaan, Egyptians Will Not Hand Over Weapons to Morsi, THE ATLANTIC COUNCIL (Sept. 21, 

2012), http://www.acus.org/files/Samaan%209.21.pdf (in Arabic), and http://www.acus.org/?q=print/71739

(in English). 

32 Interior Ministry Declares Firearms Amnesty Until End of June, EGYPT INDEPENDENT (June 22, 2011), 

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unlicensed firearms, in August 2011, the Minister of Interior issued a decision that exempts those 

who surrender their unlicensed and stolen police weapons from legal accountability and grants 

them licenses to carry firearms for the purpose of self-defense.33 

Prepared by George Sadek 

Senior Legal Information Analyst 

http://www.egyptindependent.com/news/interior-ministry-declares-firearms-amnesty-until-end-june. 

33 Yousry el Badry, Interior Ministry to Grant Arms Licenses to Those Who Hand in Stolen Weapons, 

EGYPT INDEPENDENT (Aug. 13, 2011), http://www.egyptindependent.com/news/interior-ministry-grant-armslicenses-those-who-hand-stolen-weapons. 
GERMANY 

FIREARMS-CONTROL LEGISLATION AND POLICY 

Summary 

The German system of gun control is among the most stringent in Europe. 

It restricts the acquisition, possession, and carrying of firearms to those with a 

creditable need for a weapon. It bans fully automatic weapons and severely 

restricts the acquisition of other types of weapons. Compulsory liability 

insurance is required for anyone who is licensed to carry firearms. 

In recent years, German gun-control law underwent several reforms that 

made it even more stringent. A new Weapons Act became effective in 2003 after 

a school shooting in the city of Erfurt in which a student killed sixteen persons. 

The new Act restricted the use of large caliber weapons by young people and 

strengthened requirements for the safe storage of firearms. 

Another reform was enacted in 2009 in response to the massacre at 

Winnenden, in which an eighteen-year-old killed fifteen people in the course of a 

school shooting. This latest reform led to the creation of a federal gun register 

and to intense governmental monitoring of gun owners’ compliance with 

requirements for the safe storage of firearms. Pursuant to the reformed 

legislation, the authorities may at any time request access to the premises of any 

registered gun owner to monitor whether proper safe-storage procedures are 

being observed. 

I. Development of German Gun-Control Law

A constitutional right to bear arms is not part of the German legal tradition.1 Instead, the 

development of German gun-control law mirrored the turbulent history of Germany. The concepts 

of the current licensing system date back to the Firearms and Ammunition Act of 1928;2

 which 

was enacted at a time when armed militias roamed the land and firearms from World War I were 

still in private hands. The Hitler regime demilitarized the enemies of National Socialism with the 

help of several restrictive and discriminatory decrees.3

 When this was accomplished, a more 

lenient Weapons Act was enacted in 1938.4

 It exempted party hacks from licensing requirements 

and aimed at improving the combat skills of the population. 

1

 K. OSWALD, DAS NEUE WAFFENRECHT 9 (Melsungen, 1980). 

2

 Gesetz über Schusswaffen und Munition, Apr. 12, 1928, REICHSGESETZBLATT (RGBL.) I, p. 143. 

3

 Gesetz gegen den Waffenmissbrauch, Mar. 28, 1931, RGBl. I, at 77; Vierte Verordnung des 

Reichspräsidenten, Dec. 8, 1931, RGBL. I, p. 742. 

4

 Waffengesetz, Mar. 18, 1938, RGBL. I, p. 265. 

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 After World War II, scattered laws of the occupying powers were in effect in different parts 

of West Germany together with fragments of the Weapons Act of 1938 until a constitutional 

change in legislative powers in 19725

 paved the way for federal legislation on gun control. The 

first federal Weapons Act was enacted in 1972, and reformed and repromulgated in 1976.6

 Its 

primary goal was to restrict the availability of firearms in order to prevent crime.7

 A new, even more stringent Weapons Act became effective in 2003.8

 Between 2003 and 

2008 it was amended several times for the purpose of facilitating a more effective use of gun 

registers by law enforcement. The amendments also restricted the rights of heirs to own inherited 

guns and allowed the authorities of the states to enact special restrictions for especially endangered 

urban areas.9

 

 In 2009, the Weapons Act was amended10 in response to a school shooting at Winnenden 

in which a seventeen-year-old gunned down fifteen persons in his former school (see Section II 

(B) below for statistics on school shootings). The 2009 reform made it more difficult for 

individuals to own multiple firearms, increased some qualifying-age requirements for juveniles 

at shooting ranges, and allowed the authorities to monitor the safe storage of weapons in private 

homes more effectively.11

 The 2009 reform also called for the creation of a National Weapons Register, which was 

scheduled to commence operations by January 1, 2013, one year earlier than required by the 

European Union (EU) Firearms Directive.12 Compliance with the remainder of the Directive had 

already been accomplished with the enactment of the 2009 reform, which far exceeds 

European requirements.13

 5

 Gesetz zur Änderung des Grundgesetzes [31st Act Amending the Constitution], July 28, 1972, 

BUNDESGESETZBLATT [BGBL.] [official law gazette of the Federal Republic of Germany] I, p. 1305. 

6

 Waffengesetz [Weapons Act], reenacted Mar. 8, 1976, BGBL. I, p. 432. 

7

 80 Verhandlungen des Deutschen Bundestages 11434 (1972). 

8

 Waffengesetz [WaffG] [Weapons Act], Oct. 11, 2002, BGBL I at 3970, as amended, up-to-date version 

available at http://www.gesetze-im-internet.de/waffg_2002/index.html. 

9

 GUNTHER GADE & EDGAR STOPPER, WAFFENGESETZ KOMMENTAR 8–11 (2011). 

10 Viertes Gesetz zur Änderung des Sprengstoffgesetzes, BGBL. I, p. 2088. 

11 GADE & STOPPER, supra note 9, at 10. 

12 Council Directive 91/477/EEC of 18 June 1991 on the control of the acquisition and possession of 

weapons, 1991 O.J. (L 256) 51, as amended, consolidated version at http://eur-lex.europa.eu/LexUriServ/Lex 

UriServ.do?uri=CONSLEG:1991L0477:20080728:EN:PDF. 

13 GADE & STOPPER, supra note 9, at 10. 

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II. Statistics 

 A. Incidence of Gun-Related Crime 

For 2010, the Federal Criminal Police Office reported a total of 3,216 homicides. Of 

these, 147 were perpetrated by gunshot, and in another 13 cases the victim was threatened with a 

gun.

14 For 2009, the Office reports 3,269 homicides, 179 of which were committed by gunshot, 

with a gun being used as a threat in another 14 reported cases.15 The German population is 

approximately 81.7 million.16

B. School Shootings 

Germany has suffered several school shootings in the last decade, the most egregious of 

which occurred in 2002, 2006, and 2009. In 2002, a nineteen-year-old, who had been expelled 

from his high school in Erfurt, entered the school armed with a semiautomatic pistol, shot and 

killed sixteen persons, most of them teachers, and then shot himself.17 In 2006, an eighteenyear-old entered his former school and shot and wounded five persons before killing himself. He 

was armed with a sawed-off percussion rifle and a sawed-off bolt-action rifle.18 The incident led 

to increased statutory restrictions of the online distribution of violent computer games 

to juveniles.19 

In 2009, in the massacre at Winnenden, a seventeen-year-old entered his old school 

armed with a semiautomatic pistol and started a shooting spree, which he continued while fleeing 

from the police, killing a total of fifteen persons and himself and wounding many more.20 The 

shooter had obtained the gun from his father’s bedroom, where it had been kept unlocked. The 

father was convicted of negligent homicide for the failure to lock up the gun, yet on appeal the 

Federal Court of Justice reversed the decision because of procedural errors. A new trial against 

the father is pending. It appears that prior to the massacre, the alleged perpetrator had been 

 14 Polizeiliche Kriminalstatistik 2010, at Grundtabelle 010000, https://www.bka.de/nn_196810/Shared 

Docs/Downloads/DE/Publikationen/PolizeilicheKriminalstatistik/pksJahrbuecher/pks2010__6steller.html?__nnn=tr

ue. 

15 POLIZEILICHE KRIMINALSTATISTIK 2009, at Grundtabelle 00000, https://www.bka.de/nn_196810/Shared 

Docs/Downloads/DE/Publikationen/PolizeilicheKriminalstatistik/pksJahrbuecher/pks2009__6steller.html?__nnn=tr

ue. 

16 STATISTISCHES JAHRBUCH 2011, ch. 2.1. Bevölkerung, https://www.destatis.de/DE/Publikationen/ 

StatistischesJahrbuch/GesellschaftundStaat/Bevoelkerung.pdf?__blob=publicationFile. 

17 Thüringer Justizministerium, Medieninformation 22/2004, Bericht der Gutenberg-Kommission zu den 

Vorgängen am Erfurter Gutenberg-Gymnasium, http://www.thueringen.de/de/home page/presse/12251/uindex.html

(last visited Jan. 17, 2013).

18 Aufgesetzter Kopfschuss, TAZ.DE (DIE TAGESZEITUNG) 2 (Nov. 2006). 

19 DEUTSCHER BUNDESTAG DRUCKSACHE 16/8546; Murad Erdemir, Killerspiele und gewaltbeherrschte 

Medien im Fokus des Gesetzgebers, KOMMUNIKATION UND RECHT 223 (2008). Erstes Gesetz zur Änderung des 

Jugendschutzgesetzes, June 24, 2008, BGBL. I, p. 1075. 

20 BADEN-WÜRTTEMBERG, EXPERTENKREIS AMOK 7, http://www.stiftung-gegen-gewalt-an-schulen.de/ 

media/BERICHTExpertenkreisAmok.pdf. 

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undergoing psychiatric counseling. The father is thus suing the psychiatric clinic, holding the 

clinic liable for failing to inform him of the dangerous condition of his son, who allegedly had 

uttered death threats to the psychiatric personnel and about which the father had not been told.21

C. Gun Ownership. 

According to the first computations of the newly created National Weapons Register, 

close to 5.5 million firearms are privately owned in Germany and the total number of gun owners 

is approximately 1.4 million individuals.22 The percentage of households in which guns are 

owned varies among the German states. Gun ownership is lower in the states located in former 

East Germany and in the city states of Berlin, Hamburg, and Bremen. In these, the percentage 

ranges from 3.2 to 5.7 of all households. In the formerly West German states, the percentage 

ranges from 6.2% to 12.3%.23 

III. Current Gun-Control Law 

 A. Overview 

Germany has one of the most stringent gun control laws in the world.24 The current 

Weapons Act deals with guns suitable for private ownership. It contains a highly differentiated 

regime for licensing the acquisition, possession, and carrying of permitted weapons that restricts, 

according to criteria of need, the number and types of guns that can be owned or purchased, and 

has specific age restrictions for different types of weapons. The Act bans automatic firearms, 

regulates the production of and trade in weapons, and has reporting requirements that allow the 

tracing of every legally owned firearm, including those acquired through inheritance. Moreover, 

the Act contains stringent and enforceable requirements for the safe storage of guns. The Act is 

implemented by the administrative authorities of the states, except for the newly created National 

Weapons Register, which is a federal agency.

 B. Licensing 

A license is required for any dealings with a firearm, and various types of licenses can be 

granted depending on the need of an applicant. The most common ones are the license to acquire 

and possess a weapon (weapons-possession license, Waffenbesitzkarte), and the license to carry a 

weapon (weapons-carrying license, Waffenschein).25 Certain general requirements apply to the 

 21 Amoklauf von Winnenden, Vater des Täters will psychiatrische Klinik verklagen, SPIEGELONLINE, http:// 

www.spiegel.de/panorama/justiz/winnenden-vater-von-tim-k-will-psychiatrische-klinik-verklagen-a-875234.html

(last visited Jan. 17, 2013).

22 Nationales Waffenregister, BUNDESVERWALTUNGSAMT (Jan. 2, 2013), http://www.bva.bund.de/ 

cln_228/nn_2156988/DE/Aufgaben/Abt__III/NWR/Aktuelles/NWR__Inbetriebnahme.html (last visited 

Feb. 11, 2013). 

23 Anzahl der registrierten Schusswaffen im Privatbeseitz, STATISTA, http://de.statista.com/statistik/daten/ 

studie/177598/umfrage/privater-legaler-waffenbesitz-nach-bundeslaendern/ (last visited Jan. 17, 2013). 

24 GADE & STOPPER, supra note 9, at 10. 

25 WaffG § 10. 

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granting of all licenses, and specific additional requirements apply to different types of licenses. 

In particular, there are special rules for hunters26 and marksmen.27

 Licenses must generally be reviewed by the authorities after three years, even if they 

have been granted for an indefinite time. The authorities may also review licenses at shorter 

intervals, particularly if there appears to be a reason for scrutiny. Moreover, licenses can be 

tailor-made to the specific situation of the applicant by adding special restrictions,28 such as 

limits as to time and place and special safe-storage requirements.29

 The general requirements for obtaining any type of weapons license are 

 a minimum age of eighteen years; 

 the proven reliability of the applicant; 

 knowledge of weapons technology and law, and expertise in the use of a firearm; 

 five years of residency in Germany; and 

 a need for the weapon.30

 Under the reliability criteria, certain criminal records disqualify an applicant, as does 

membership in a criminal or terrorist organization or the justified suspicion of the authorities that 

the applicant would abuse the license or not live up to its requirements.31 Additional 

disqualifying circumstances are the lack of legal capacity; personal disabilities, such as addiction 

to alcohol or drugs; mental illness or feeblemindedness; and any other indications that the 

applicant might not live up to the licensing requirements. The authorities must verify the criteria 

through the search of criminal records, police databases, and any other information that they 

deem relevant. 

 A need for a weapon, and therefore a license, is recognized for hunters, marksmen, 

members of traditional shooting associations, endangered persons, collectors, experts, producers 

and dealers, and private security firms. For these groups, the public interest in safety and order 

will be balanced with the interest of the potential gun owner. If licenses are sought for other 

purposes, the public safety interests may well prohibit their being granted, given the fact that one 

purpose of German gun control law is to hold down the number of guns under private 

ownership.32

 

 26 Id. § 13. 

27 Id. § 14. 

28 Id. § 9. 

29 GADE & STOPPER, supra note 9, at 80. 

30 WaffG § 4. 

31 Id. § 5. 

32 ANDRÉ BUSCHE, WAFFENBESITZKARTE UND WAFFENSCHEIN 14 (4th ed. 2009). 

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A weapons-possession license authorizes the acquisition of a specified number of 

weapons. The license will generally be valid for acquisition purposes for one year and will be 

granted indefinitely for the purpose of possessing the weapon. The number of weapons to be 

permitted depends on the needs of the applicant. For hunters, permits will grant an indefinite 

number of long arms but only two short arms,33 whereas members of traditional shooting 

associations are restricted to three repeating long arms.34

Marksmen are generally allowed to own three semiautomatic long arms and two short 

arms. For each acquisition of a firearm, however, marksmen must apply separately for a license 

that permits acquisitions for up to one year.35 If the marksmen have requirements for additional 

firearms for their practice or for competitive sport, these must be documented by the 

shooting club.36 

The criteria for granting a weapons-carrying license are very restrictive. They usually 

require proof that the applicant is seriously endangered and that the danger could be alleviated 

through the carrying of a weapon. 37 Some exceptions are made for hunters and for the 

personnel of private security firms.38 Holders of a weapons-carrying license must carry liability 

insurance with coverage of up to 1 million 39 euros.

C. Age Requirements 

The general age requirement for a weapons license is eighteen years.40 A higher age 

limit of twenty-one years, however, exists for a weapons-possession license for marksmen. This 

higher age limit was introduced after the Winnenden school shooting,41 but makes exceptions for 

properly certified shooting clubs that use weapons of a lower potency. An eighteen-year-old 

participant in such a club may obtain a license for a suitable firearm.42 On the other hand, 

marksmen below the age of twenty-five who apply for their first weapons-possession license 

must undergo a psychiatric evaluation.43 

33 WaffG § 13(2). 

34 BUSCHE, supra note 32, at 31. 

35 ANDRÉ BUSCHE, WAFFENRECHT 76 (6th ed. 2010). 

36 WaffG § 14; see also Ferdinand Bauer & Wolfgang Fleck, Die wichtigesten Neuregelungen im 

Waffengesetz 2009, GEWERBEARCHIV 16 (2010). 

37 BUSCHE, supra note 32, at 38. 

38 WaffG § 28. 

39 WaffG § 4 (1) no. 5. 

40 WaffG § 4. 

41 GADE & STOPPER, supra note 9, at 135. 

42 Id. 

43 BUSCHE, supra note 32, at 32. 

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In general, the Weapons Act prohibits the handling and use of weapons by persons below 

the age of eighteen.44 Exceptions to this principle exist for young people who are using a 

firearm in a training program or employment relationship under proper supervision,45 or at 

shooting ranges. Prior to the 2009 reform, fourteen-year-olds were permitted to shoot with highcaliber guns at shooting ranges. The reform raised this age limit to eighteen.46 However, young 

people between the ages of fourteen and eighteen may still be trained in marksmanship with less 

potent firearms under properly accredited supervis 47 ion.

D. Prohibited and Restricted Firearms

Germany categorizes firearms as either weapons of war or weapons suitable for civilian 

use. War weapons are listed in the War Weapons Act and cannot be circulated among the 

population.48 Weapons that are potentially suitable for civilian use are governed by the Weapons 

Act and its prohibitions and restrictions. 

The Weapons Act bans fully automated firearms.49 It also bans semiautomatic firearms 

that are not intended for hunting or sport shooting; pump-action shotguns with pistol grips or of a 

short overall length; firearms that are concealed in other objects; firearms that can be 

disassembled into unusually small parts; lasers, lights, projectors, and night-vision devices that 

can be mounted on the firearm to throw light on the target; and certain multiple-shot short arms 

in calibers under 6.3 millimeters, where the projectiles are not propelled solely by the 

priming charge.50 

Pump-action shotguns with pistol grips were banned in 2008 in response to the Erfurt 

massacre of 2002.51 The above-described multiple-shot short arms were banned at the same time 

because shots fired with these weapons are able to penetrate bulletproof vests.52 

Firearms that are not banned are still subject to various restrictions on the basis of 

licensing provisions and intended use. Thus, for persons who require a firearm for self-defense, 

the authorities may, based on their judgment, issue a license for only a particular type of 

firearm.53 For marksmen, many restrictions ensue from the limits placed on the number of 

firearms that can be owned.

44 WaffG § 2(1). 

45 WaffG § 3. 

46 BADEN-WÜRTTEMBERG, supra note 20, at 44. 

47 WaffG § 27(1) no. 2. 

48 Kriegswaffengesetz, repromulgated Nov. 22, 1990, BGBL. I at 2506, as amended. 

49 WaffG, Anlage 1 (zu § 1(4)) no. 62. 

50 BUSCHE, supra note 35, at 39. 

51 Id. at 65. 

52 GADE & STOPPER, supra note 9, at 10. 

53 Id. at 84. 

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E. Safe Storage of Firearms 

Licensed gun owners are responsible for keeping their weapons under lock and key, and 

the law provides detailed specifications on the quality of the storage containers; these vary 

according to the potency of the weapons.54 Owners must inform the authorities of the safestorage measures taken as well as allow the authorities to enter their dwellings for the purpose of 

monitoring compliance with safe-storage regulations.55 

It appears that such access must be granted without a search warrant, and, even though 

the German Constitution protects the privacy of the home, access cannot be refused if there is a 

threat of imminent danger.56 Random inspections, however, must be expected at any time and 

without any probable cause or suspicion. This increased right of the authorities to conduct 

inspections was enacted in 2009 in response to the Winnenden school shooting, and much has 

been said about the interpretation of this right. 

It appears that the authorities may only inspect for compliance with weapons-storage 

regulations but not conduct any other searches.57 If the weapon is outside of its container and 

the owner claims to have been cleaning the weapon, the authorities will have to evaluate this 

claim.58 It also appears that a homeowner has the right to refuse entry to the authorities if he or 

she has a good reason. A homeowner who frequently refuses entry, however, may be violating 

the statutory duty to cooperate with the authorities on the safe storage of weapons,59 which may 

lead to revocation of the license. The far-reaching inspection rights of the authorities aim to 

ensure that gun owners will have an incentive to keep their guns locked 60 up.

Special safe-storage rules are also in effect for inherited firearms. An heir who is not 

licensed to possess firearms must prevent the use of the inherited firearm by installing a blocking 

device. If the heir is licensed, he or she must register the gun within one month of acquisition by 

inheritance. An unlicensed heir has one month to apply for a weapons-possession license,61

which will be granted or denied in accordance with the generally prevailing licensing criteria.62 

54 WaffG § 36(1) & (2). 

55 Id. § 36(3). 

56 Id. 

57 Bauer & Fleck, supra note 36, at 16. 

58 Id. 

59 WaffG § 36(3). 

60 GADE & STOPPER, supra note 9, at 306. 

61 WaffG § 20. 

62 GADE & STOPPER, supra note 9, at 177. 

The Law Library of Congress 87 
Firearms-Control Legislation and Policy 

The Law Library of Congress 88 

F. Registration 

The provisions on the registration of firearms ensure that every legally owned gun is 

registered with the authority that granted the weapons license. The acquirer of a firearm must 

register it within two weeks of acquisition,63 and the authorities must keep records that allow for 

the tracing of a firearm’s ownership from the time of its manufacture.64 Moreover, the weapons 

authorities must communicate ownership records to the local Registers of Domicile,65 (who 

record the domicile of every inhabitant of Germany66), while the Registers of Domicile are to 

inform the weapons authorities of every change in residency or the death of a gun owner.67 This 

information is helpful for keeping track of inherited guns and enforcing recording and 

licensing requirements. 

The efficiency of the registration system has been greatly enhanced with the newly 

created National Weapons Register commencing its operation in January 2013.68 Now the 

approximately 550 weapons authorities provide data on firearms registration to the National 

Register. All weapons registers, be they local or national, provide their information to other 

German authorities to the extent reconcilable with German privacy legislation.69

Prepared by Edith Palmer, Chief, 

Foreign, Comparative, and 

International Law Division II 

63 WaffG § 10(1a). 

64 Id. § 44a. 

65 WaffG § 44. 

66 Melderechtsrahmengesetz [Framework Act on Domicile Registry], repromulgated Apr. 19, 2002, BGBL. 

I, p. 1342, as amended. 

67 Id. § 2(2) no. 6. 

68 WaffG § 43a; Nationales Waffenregistergesetz, June 25, 2012, BGBL. I at 1366; NATIONALES

WAFFENREGISTER, http://www.bva.bund.de/cln_228/nn_2156988/DE/Aufgaben/Abt__III/NWR/node.html?__ 

nnn=true (last visited Feb. 11, 2013). 

69 Id. § 43. 
GREAT BRITAIN 

FIREARMS-CONTROL LEGISLATION AND POLICY 

Summary 

Great Britain has some of the most stringent gun control laws in the 

world. The main law is from the late 1960s, but it was amended to restrict gun 

ownership further in the latter part of the twentieth century in response to 

massacres that involved lawfully licensed weapons. Handguns are prohibited 

weapons and require special permission. Firearms and shotguns require a 

certificate from the police for ownership and a number of criteria must be met, 

including that the applicant has good reason to possess the requested weapon. 

Good reason does not include self-defense or a simple wish to possess the 

weapon. The secure storage of weapons is also a factor when licenses 

are granted. 

I. Introduction 

Great Britain has the reputation of having some of the tightest gun control laws in the 

world.1

 Only police officers, members of the armed forces, or individuals with written 

permission from the Home Secretary may lawfully own a handgun.2 This stringent legislation 

may, in part, account for Britain’s relatively low statistics for the use of firearms in crime—in 

2008–2009 firearms were used in only 0.3% of all recorded crimes and were responsible for the 

deaths of thirty-nine people.3

 This report covers the law relating to the lawful ownership of 

firearms and offenses for unlawful possession. 

Firearms laws governing the country have generally been enacted in a reactive manner in 

response to massacres and overwhelming public support that backed the introduction of 

prohibitions on firearms. The laws cover a number of weapons, including handguns, shotguns, 

imitation firearms, deactivated firearms, and air weapons. This report focuses on the 

requirements to lawfully own a shotgun, firearm, or a prohibited weapon for residents of Britain. 

1

 Ian Burrell, Legitimate Firearm Users Think that Tougher Restrictions Miss the Target, THE 

INDEPENDENT (London), Jan. 15, 2001, at 3. 

2

 Firearms Act 1968, c. 27 § 5, http://www.legislation.gov.uk/ukpga/1968/27/section/5; see also Burrell, 

supra note 1. 

3

 Home Office Statistical Bulletin, Homicides, Firearm Offences and Intimate Violence 2008/09, 

http://webarchive.nationalarchives.gov.uk/20110218135832/http://rds.homeoffice.gov.uk/rds/pdfs10/hosb0110.pdf. 

The Law Library of Congress 89 
Firearms-Control Legislation and Policy 

II. History of Firearms Law 

A. Early Regulation 

 

 Early acts regulating the ownership of firearms were fairly limited. The Gun Licenses 

Act 1870 and the Pistols Act 1903 served primarily as Acts to generate revenue and required 

owners to hold a license from the post office. The system was described as generally 

ineffective.4 In 1920, the Firearms Act5 was passed, to stop firearms from being used by 

criminals and “other evilly disposed or irresponsible persons.”6

 While one aim of the restriction 

was to curb violent crime, it was believed that other reasons included concerns over uprisings in 

Russia spilling over into Britain, particularly with the end of World War I and the return of 

thousands of troops trained in the use of firearms and an increase in the number of such weapons 

in circulation.7

 This Act set out the basis for the licensing system of firearms that is still in 

operation today, providing the chief officer of police in the district the applicant lives with the 

authority to issue licenses. When enacting this legislation, the right to bear arms by citizens was 

considered; however, “this was countered by the argument that such redress was adequately 

obtainable through the ballot box and by access to Parliament and the courts.”8

 Further controls 

were introduced in 1937 to allow conditions to be attached to certificates and to place more stringent 

restrictions on particularly dangerous weapons such as machine guns.9 

 The laws were consolidated and amended in 1968 with the enactment of the Firearms Act, 

which is the legislation still used today. 

B. Modern Developments in Firearms Legislation 

The development of major changes in modern day firearms legislation in Britain has 

generally been preceded by tragedy and a change in public attitude and opinion towards the 

ownership of firearms. 

 4

 Peter H. Burton, Firearms Licensing – Time for Reform, 145 New L.J. 882 (June 16, 1995). There is no 

further page number given, I believe that 882 may be it, NLJ articles are fairly short. Maybe (accessed via Lexis). 

5

 Firearms Act 1920, 10 & 11 Geo. 5, c. 43, 

www.legislation.gov.uk/ukpga/1920/43/pdfs/ukpga_19200043_en.pdf. 

6

 Burton, supra note 4. 

7 Id. 

8

 Law Library of Congress, United Kingdom: Firearms Legislation (1997) at 6 (on file with author). 

9

 Firearms Act 1937, 1 Edw. 8 & 1 Geo. 6, c. 12, 

https://www.legislation.gov.uk/ukpga/1937/12/pdfs/ukpga_19370012_en.pdf. 

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Firearms-Control Legislation and Policy 

1. The Hungerford Massacre and the Firearms (Amendment) Act 1988 

 In 1987 Michael Ryan shot and killed sixteen people, including his mother, and wounded 

fourteen more before killing himself in what became known as the Hungerford massacre.10 

Ryan used two high-velocity semiautomatic rifles, a US M1 carbine, and an assault rifle that he 

lawfully owned to perpetrate the massacre.11 The Firearms (Amendment) Act 198812

 was 

passed as a direct result of this incident. The 1988 Act banned the ownership of high-powered 

self-loading rifles and burst-firing weapons, and imposed stricter standards for issuing ownership 

certification for pump-action shotguns with a magazine of more than two bullets. When enacting 

this legislation, the government considered that the tightened controls were justified as it had to 

safeguard the public at large, but at the same time “protect the interests of the legitimate 

shooting community.”13

 The legislation did not result in the complete cessation of shootings—just a year after the 

law was enacted Robert Sartin, who suffered from schizophrenia, killed one person with a 

shotgun and wounded sixteen more.14 However, the Hungerford massacre that preceded the 

legislation saw a changed attitude to guns by the police, and tighter checks before certificates 

were issued.15

 2. Dunblane and the Firearms (Amendment) Act 1997 

Close to ten years after Hungerford, in 1996, another massacre occurred at an elementary 

school in Dunblane, Scotland. This incident bears strong similarities to the Sandy Hook 

shootings in the US.16 Thomas Hamilton walked into a primary (elementary) school in 

Dunblane, Scotland, and shot and killed sixteen small children, aged four to five, and their 

teacher in the school gym before killing himself. Hamilton lawfully held the two rifles and four 

handguns that he used for the massacre, and had lawfully held firearms for almost twenty years 

prior to this incident.17 

The Firearms (Amendment) Act 199718 was passed in response to overwhelming public 

opinion that firearms should be banned from use by the civilian population. The law did not 

 10 Michael McCarthy, Echoes of the Day Horror was Visited on Hungerford; The Parallels with Michael 

Ryan’s Rampage in 1987 Are Striking, INDEPENDENT (London), June 3, 2010, at 4; Hugh Muir, Gun Panic Sets In 

. . . but Is It Justified, THE GUARDIAN (London) Oct. 11, 2003, at 11. 

11 McCarthy, supra, note 10, at 4. 

12 Firearms (Amendment) Act 1988, c. 45, http://www.legislation.gov.uk/ukpga/1988/45/contents. 

13 Firearms Act 1968: Proposals for Reform ¶ 4, cited in THE HON LORD CULLEN, THE PUBLIC INQUIRY 

INTO THE SHOOTINGS AT DUNBLANE PRIMARY SCHOOL ON 13 MARCH 1996, Cm. 3386 1995-6, ¶ 9.111, available at

http://www.ssaa.org.au/research/1996/1996-10-16_public-inquiry-dunblane-lord-cullen.pdf. 

14 Nicholas Timmins, Are We Hostages to Gun Culture, THE INDEPENDENT (London), Mar. 14, 1996, at 13. 

15 Id. 

16 Burrell, supra note 1, at 3. 

17 Sarah Boseley & Michael White, Who Licensed Him to Kill, GUARDIAN (London), Mar. 15, 1996, at 1. 

18 Firearms (Amendment) Act 1997, c. 5, http://www.legislation.gov.uk/ukpga/1997/5/contents. 

The Law Library of Congress 91 
Firearms-Control Legislation and Policy 

introduce a complete ban on firearms, but served to essentially prohibit the private ownership of 

handguns in Britain.19 

3. Cumbria 

In 2010 Derrick Bird killed twelve people and wounded twenty-five in Cumbria, a county 

in northwest England.20 He lawfully possessed the firearms used in the shootings.21 Parallels 

were drawn between the Hungerford massacre in 1987 and the Cumbria massacre in 2010. The 

number of fatalities were higher by four people in the Hungerford massacre, where sixteen were 

killed, compared with twelve in the Cumbria massacre, but the number of casualties were 

significantly higher in the Cumbria massacre—twenty-five wounded compared to fifteen. The 

difference in these figures was, in part, attributed to the weapons used to perpetrate the crimes.22 

Unlike previous mass shootings, this did not lead to a major change in firearms legislation.

 4. Public Inquiry After Dunblane 

 A public inquiry was held after the Dunblane massacre to investigate the circumstances that 

led to the shootings, consider the issues that arose from the shootings, and make 

recommendations.23 Lord Cullen led the inquiry and made a series of recommendations that 

firearms laws be tightened, but rejected calls for an outright ban on the possession and use of 

24

guns. 

ls and revolvers held for target shooting be restricted by 

hile not in use.25 

 

The inquiry considered whether the availability of weapons under the Firearms Act and 

incidences of crime involving firearms were inherently connected. Lord Cullen determined that the 

banning of handguns for target shooting or shooting clubs could not be justified. Instead, he 

recommended that self-loading pisto

disabling them w

 

The House of Commons Home Affairs Committee had also narrowly recommended against 

an outright ban on handguns.26 The Committee considered that banning the lawful ownership of 

 

19 Burrell, supra note 1. 

20 Martin Wainwright, Derrick Bird Inquest Returns Verdict of Unlawful Killings and Suicide, GUARDIAN

(London), Mar. 25, 2011, http://www.guardian.co.uk/uk/2011/mar/25/derrick-bird-inquest-unlawful-suicide. 

21 James Meikle & Helen Carter, Cumbria Shootings: Government Warns Against Rash Changes to Gun 

Laws, GUARDIAN (London), June 3, 2010, http://www.guardian.co.uk/uk/2010/jun/03/cumbria-shootings-theresamay-gun-laws-review. 

22 McCarthy, supra note 10, at 4. 

RD CULLEN, supra note 13, Terms of Reference at 2. 

ommittee, Possession of Handguns H.C. 393 (1995–96). 

23 THE HON LO

24 Id. ¶ 1.7. 

25 Id. ¶ 9.112. 

26 House of Commons, Home Affairs C

The Law Library of Congress 92 
Firearms-Control Legislation and Policy 

handguns would be redundant if unlawful handguns remained easy to obtain and that “a prohibition 

could only result in a minimal improvement in public safety.”27 

The government response to the Cullen Report was the introduction of the Firearms 

(Amendment Act) 1997, which went considerably further than the recommendations put forth by 

both the inquiry and the House of Commons Committee. Overwhelming public opinion backing 

the ban of handguns appears to ha

28

ve led both the government and the opposition party to agree on 

e ban. The Home Secretary announced in the House of Commons his disagreement with the 

nding

llen that it 

would be safe to allow single-shot handguns to remain in the home. I believe that they 

tion needs to be made between high-calibre handguns, which 

are principally made for police and military use, and .22 rimfire handguns, which are largely 

ity 

ertificates.” While past mental illness, alcoholism, and drug addiction is taken into account 

when is at 

chiatrists to provide a full 

octors were also concerned over their potential liability if they provided a clean bill of 

health for a certificate and the holder later went on a rampage. 

th

fi s of Lord Cullen’s report: 

I propose to go considerably further than Lord Cullen has suggested in two respects. First, 

we shall ban all handguns from people’s homes. I do not agree with Lord Cu

should be subject to the same controls as those imposed on multi-shot handguns. 

Secondly, we shall outlaw high-calibre handguns of the kind used by Thomas Hamilton. 

Low-calibre handguns—.22 rimfire handguns—will have to be used and kept in licensed 

clubs. We believe that a distinc

intended for target shooting.29 

Other ideas voiced after the Dunblane massacre included a system requiring holders of 

firearms and shotguns to obtain an annual certificate of fitness to hold a firearm from their doctor 

each year. The gun lobby objected to this, citing the cost, and the British Medical Association 

also opposed the move, claiming that it would be impossible for doctors to provide such “san

30 c

suing firearms or shot gun certificates, the British Medical Association has stated th

it is virtually impossible for a doctor to make a judgement about someone’s fitness to 

hold a gun . . . . And given the number of certificates issued annually—each is renewable 

every three years—it would be frankly impossible for psy

psychiatric examination of everyone holding a certificate, and there would be no 

guarantee even then that you would spot the people at risk.31 

D

C. Compensation 

27 Law Library of Congress, supra note 8, at 3, citing House of Commons, Home Affairs Committee, 

Possession of Handguns, H.C. 393 (1995–96). 

28 Id. 

29 282 PARL. DEB., H.C. (6th ser.) 832–33 (1996), http://www.publications.parliament.uk/pa/cm199596/ 

cmhansrd/vo961016/debtext/61016-26.htm. 

30 Timmins, supra note 14, at 13. 

31 Id. 

The Law Library of Congress 93 
Firearms-Control Legislation and Policy 

Afte the ban on handguns, the gove r rnment established a £150 million (approximately 

US$20 l r firearms that they handed in to 

police o ly 1997 through February 1998. 

Handgu

(1) dividual items; 

y 

occurred where a firearm had been adapted and its value increased beyond the 

his compensation program was criticized by some who considered that companies were not 

 for any losses they faced or incurred as a result of legislative changes.33 

 that controls the use and 

ossession of firearms. It has been amended many times and provides for over fifty firearmsol and restrict firearms use.35 The Act is described as a 

“regula at is coercively enforced by way of criminal offences and penal 

sanctio the Act, including firearms, 

rohibited weapons, shot guns, air weapons, and imitation firearms.

A.

any description from which any shot, bullet or other 

 

0 mi lion) program to compensate handgun owners fo

stati ns during an amnesty period that ran from Ju

n owners were able to opt for one of three levels of compensation: 

A flat rate for in

(2) Payment at a rate published for individual items; 

(3) Payment provided in accordance with an independent valuation. This typicall

listed price.32 

T

typically compensated

The amnesty and buyback program led to the surrender of 162,000 weapons and 700 tons 

of ammunition.34

III. Firearms Laws 

 The Firearms Act 1968 is the primary piece of legislation

p

related offenses that aim to contr

tory regime th

ns.”36 Different categories of weapons are provided for by 

p

 

Definition of Firearm 

Section 57(1) of the Firearms Act 1968 defines “firearm” as

. . . a lethal barreled weapon of 

missile can be discharged and includes – 

(a) any prohibited weapon, whether it is such a lethal weapon as aforesaid or not; and 

(b) any component part of such a lethal or prohibited weapon; and 

(c) any accessory to any such weapon designed or adapted to diminish the noise or flash 

caused by firing the weapon.37 

er Firearms (Amendment) Act 1997, THE LAWYER, May 12, 1998, at 11. 

33

35 ., http://www.legislation.gov.uk/ukpga/1968/27/schedule/6

32 Right to Compensation Und

Id. 

34 Burrell, supra note 1, at 3. 

 Firearms Act 1968, c. 27 sched . 

earms Act 1968, s. 57(1). 

36 BLACKSTONE’S CRIMINAL PRACTICE 2011 (Peter Murphy et al. eds., 2011). 

37 Fir

The Law Library of Congress 94 
Firearms-Control Legislation and Policy 

While the definition of firearm refers to lethal barreled weapons, it is not further defined 

by statute. When considering if an item is a lethal barreled weapon the court established a test 

“that a weapon is lethal if it is capable of causing injury from which death might result, 

gardless of the maker’s intention.”38 Thus the question of whether an item is a lethal barreled 

weapon is a question of fact. The Court of Appeal has ruled that the judge should consider 

hether the item is capable of being used as a firearm and the jury should then determine 

whethe

re, sell, or transfer these prohibited weapons without the written 

authority of the Defence Council or Scottish Ministers.40 The Defence Council or Scottish 

Ministe

 ensure that a prohibited weapon or ammunition is secured and will not endanger 

ublic safety or the peace.41 

Prohibi uised as other 

objects

(ab) an hich is 

(aba) a

apon, . . . a

(ac) an n which is not an air weapon 

(ad) an an one which is chambered for 9mm. 

(ae) an ting a stabilised missile, other 

(b) any

re

w

r it is a lethal weapon.39 

B. Prohibited Weapons 

There are a number of firearms that are prohibited in Britain. It is an offense to possess, 

purchase, acquire, manufactu

rs can attach any conditions that they believe are necessary to any authority permitting 

ownership to

p

ted weapons include military style weapons, firearms disg

, and 

a) any firearm which is so designed or adapted that two or more missiles can be

successively discharged without repeated pressure on the trigger; 

y self-loading or pump-action rifled gun other than one w

chambered for .22 rim-fire cartridges; 

ny firearm which either has a barrel less than 30 centimetres in length or is 

less than 60 centimetres in length overall, other than an air we

muzzle-loading gun or a firearm designed as signalling apparatus; 

y self-loading or pump-action smooth-bore gu

or chambered for .22 rim-fire cartridges and either has a barrel less than 24 

inches in length or . . . is less than 40 inches in length overall; 

y smooth-bore revolver gun other th

rim-fire cartridges or a muzzle-loading gun; 

y rocket launcher, or any mortar, for projec

than a launcher or mortar designed for line-throwing or pyrotechnic 

purposes or as signalling apparatus; 

(af) any air rifle, air gun or air pistol which uses, or is designed or adapted for use 

with, a self-contained gas cartridge system; 

 weapon of whatever description designed or adapted for the discharge of 

any noxious liquid, gas or other thing; and 

38 BLACKSTONE’S CRIMINAL PRACTICE, supra note 36 ¶ 12.6 (referring to Read v. Donovan [1947] 

KB 326)

rm Act 1968, § 5, http://www.legislation.gov.uk/ukpga/1968/27/section/5

. 

39 Id. (referring to Singh [1989] Crim. L.R. 724). 

40 Firea . 

41 Id. 

The Law Library of Congress 95 
Firearms-Control Legislation and Policy 

(c) any cartridge with a bullet designed to explode on or immediately before 

impact, any ammunition containing or designed or adapted to contain any 

such noxious thing as is mentioned in paragraph (b) above and, if capable 

of being used with a firearm of any description, any grenade, bomb (or 

other like missile), or rocket or shell designed to explode as aforesaid.42

42 Id. 

The Law Library of Congress 96 
Firearms-Control Legislation and Policy 

C. Use: Certification 

ss, purchase, or acquire a firearm, 

shotgun, or ammunition that is not prohibited in Britain without a certificate,43 although this 

 shotguns are 

in which they reside and show that they have a “good reason” to possess each weapon. The term

ma

substantial, and the police are expected to make reasonable inquiries to determine the reason. 

These include verifying the species present on land for those wishing to shoot animals to ensure 

that the

wn a particular weapon or the claimed need for self-defense are not 

deemed to be sufficiently good reasons to obtain a firearms certificate.48 Firearms inquiry 

officers

r hire 

firearm and ammunition in Great Britain. A Directive from the European Union 

altered opean 

Union to eighteen years of age.

Lawful Ownership and

The Firearms Act 1968 makes it unlawful to posse

regulation is subject to certain exemptions.44 For the purposes of licensing,

distinguished from firearms, which are defined above. Individuals who wish to obtain a 

certificate to possess a firearm or shotgun must apply to the chief officer of the police in the area 

“good reason” is “one of the most substantial and complex areas of discretion that chief officers 

y exercise in licensing firearms.”45 The reasons for ownership must be genuine and 

 firearm for which the certificate is sought is suitable for the purpose.46 Where target 

shooting is the reason, the police must verify that the applicant is a member of a club.47

The desire to o

 may visit the applicant to determine whether their good reason is bona fide.49 It is an 

offense to either knowingly or recklessly make a false statement to obtain, either personally or 

for another person, a firearm or shotgun certificate. 50

Until recently, individuals under eighteen years of age could legally purchase o

s, shotguns,

this: the age that firearms may be purchased has been harmonized within the Eur

51

43 Id. §§ 1–2. 

44 Id. §§ 7–15. 

45 Home Office, Firearms Law Guidance to the Police, 2002, ¶ 13.2, http://www.homeoffice. 

gov.uk/publications/police/firearms/HO-Firearms-Guidance.pdf?view=Binary. 

ct 1968, c. 27 § 30A, http://www.legislation.gov.uk/ukpga/1968/27/section/30A

46 Id. at 77. A table shows the types of firearms considered suitable for shooting animals. 

47 Id. ¶ 13.4. 

48 Firearms A . 

ROPOLITAN POLICE, http://content.met.police.uk/Site/firearmslicensingfaqs 49 FAQs, MET (last visited Jan. 

21, 2013). 

50 Firearms Act 1968, c. 27 § 28A, http://www.legislation.gov.uk/ukpga/1968/27/section/28. 

51 Firearms Acts (Amendment) Regulations 2010, SI 2010/1759, http://www.legislation.gov.uk/ 

uksi/2010/1759/made. 

The Law Library of Congress 97 
Firearms-Control Legislation and Policy 

1. Shotgun Certificate

nt by a referee that the information contained in the application is 

hotgun. 

ster of religion, doctor, lawyer, established civil servant, bank officer or person 

of similar standing.”55

(a) has reason to believe that the applicant is prohibited by this Act from possessing a 

sho

(b) is satisfied that the applicant does not have a good reason for possessing, purchasing 

 the Hungerford massacre and concerns 

that weapons were being purchased for self-defense.58 

Applications for a shotgun52 certificate must include 

 a completed application form as provided for by the Firearms Rules;53

 four passport-sized photographs, one signed by a referee (reference) that it is a true

likeness of the applicant;54 and

 a signed stateme

correct and that they know of no reason that the person should not be allowed to

possess a s

The person providing the signed statement must “(a) be resident in Great Britain, (b) have 

known the applicant personally for at least two years, and (c) be a member of Parliament, justice 

of the peace, mini

Shotgun certificates may be granted by the chief officer of police if he is satisfied that the 

applicant’s possession of a shotgun will not pose a danger to public safety or the peace. 

Certificates will not be granted if the chief officer of police 

t gun; or 

or acquiring one.56

The term “good reason” for possession of shotguns includes reasons connected with the 

certificate holder’s profession, sport or recreation, or shooting vermin.57 The requirement for 

“good reason” to possess a shotgun was introduced after

52 Shotgun is defined in section 1(3) of the Firearms Act 1968, c. 27 as “(a) . . . a smooth-bore gun (n

 air gun) which – (i) has a barrel not less than 24 inches in length and does not have any barrel with a

g 2 inches in diameter; (ii) either has no magazine or has a non-detachable magazine incapable of ho

n two cartridges; and (iii) is not a revolver gun[.]” 

53

ot 

being an bore 

exceedin lding 

more tha

 The Firearms Rules 1998, SI 1998/1941, ¶ 5(1) & sched. 2, http://www.legislation.gov.uk/ 

uksi/1998/1941/schedule/2/made. 

54 Id. ¶ 7(1). 

55 Id. ¶ 6(2). 

56 Firearms Act 1968, c. 27 § 28(1A), http://www.legislation.gov.uk/ukpga/1968/27/section/28. 

http://www.legislation.gov.uk/ukpga/1968/27/section/28 57 Firearms Act 1968 § 28(1B), . 

oposals for 

Reform, 25). 

58 LAW LIBRARY OF CONGRESS, supra note 8, at 11 (citing Home Office, Firearms Act 1968 Pr

Cmnd. 6, No. 261 (1987), ¶ 

The Law Library of Congress 98 
Firearms-Control Legislation and Policy 

2. Firearm Certificate 

Applications for a firearm certificate must include 

r, and have personally known the applicant for at least 

sorder. Social services can 

also be 63

 have a bearing on the applicant’s suitability to possess firearms. The 

authority should be used only where the doubts or concerns about the applicant’s medical 

d information to enable the final assessment of the 

 be conducted. Such doubts or concerns might be prompted by the 

 

 a completed application form as provided for by the Firearms Rules;59

 the names and addresses of two people acting as referees, who must be residents of 

Great Britain, of good characte

two years;60 and 

 four passport-sized photographs, one signed by the applicant and one signed by 

a referee. 

The referees are used to “provide confidential character statements in which they are 

expected to answer in detail about the applicant’s mental state, home life and attitude 

towards guns.”61

The chief officer of police may grant a firearm certificate if he is satisfied that the 

applicant is not prohibited by the Firearms Act from possessing a firearm; is fit to be entrusted 

with a firearm; has good reason for possessing, purchasing, or acquiring the firearm or 

ammunition; and that the applicant’s possession of the firearm does not pose a danger to public 

safety or the peace.62

3. Medical Requirements for Firearm and Shotgun Certificates 

The application forms for both firearm and shotgun certificates require information such 

as the medical history of the applicant, including a release that allows the police to obtain the 

applicant’s medical history from his/her doctor. The police typically check with the doctor if 

there is “evidence of alcoholism, drug abuse or signs of personality di

 asked for reasons to turn down an applicant.” 

Guidance on the implementation of the firearms law states that the authority to obtain the 

applicant’s medical history is not routinely used, but rather used 

. . . in cases where there are genuine doubts or concerns about the applicant’s medical 

history that may

history appear to require more detaile

application to

 

59 The Firearms Rules 1998, SI 1998/1941, sched. 1, http://www.legislation.gov.uk/uksi/1998/ 

1941/schedule/1/made. 

60 Id. ¶ 4(3). 

61 Dominic Casciani, Gun Control and Ownership Laws in the UK, BBC, Nov. 2, 2010, 

http://ww .co.uk/news/10220974 w.bbc . 

62 Firearms Act 1968, c. 27 § 27, http://www.legislation.gov.uk/ukpga/1968/27/section/27. 

63 Casciani, supra note 61. 

The Law Library of Congress 99 
Firearms-Control Legislation and Policy 

app application, or they may arise from 

other information available to the police.

nt’s medical history is not time limited to the 

initial application period for the certificate. The police may, at any time during the life of the 

oncerns over the applicant’s fitness to possess 

s 

ber of weapons that it covers, including 

identification numbers and quantities of ammunition the holder may purchase or acquire and 

possess

Conditions of the certificate for both firearms and shotguns include keeping the weapon and 

ammun erson, 

and pro hat 

must be ritish 

safety s

licant’s answers to the medical questions on the

64

The ability of the police to check the applica

certificate, check with the applicant’s doctor if c

firearms arise.65

4. Conditions of Ownership of Firearm

A firearm certificate details the type and num

 at one time.66 Conditions under which the firearm may be used may be attached to any 

certificate granted. In certain cases, conditions are imposed by statute—for example, rifles or 

muzzle-loading pistols covered by a certificate can only be used for target shooting, and the 

holder of the certificate must be a member of an approved rifle or muzzle-loading pistol club.67 

ition secured in a safe place when not in use to prevent access by an unauthorized p

mptly reporting any loss or theft to the police. There are very specific levels of security t

 met to prove the secure storage of firearms, including cabinets that meet specific B

tandards.68 

When considering whether firearms are kept safely, the police must take into account 

whether any unauthorized access to the firearms may occur, including by family members and 

associates who pose a danger to public safety.69 “Unauthorized access” has been broadly 

interpreted to include situations where individuals other than the holder of the certificate have 

access to the keys for the secure storage where the firearms are kept.70 

An example of how strictly the secure storage requirements for weapons are interpreted 

was highlighted in 2000 when Arthur Farrer, a former partner at Farrer & Co., the Queen’s 

lawyers, informed his eighty-one-year-old mother where he kept the keys to his gun cupboard. 

The police revoked Farrer’s license, a decision that was later upheld by the Court of Appeal, 

despite the police indicating that Farrer’s mother never handled the guns or otherwise expressed 

any interest in them.71

64 Home Office, supra note 45, ¶ 10.20. 

65 Id. ¶ 10.24. 

66 Firearms Act 1968, c. 27 § 27, http://www.legislation.gov.uk/ukpga/1968/27/section/27. 

67 Firearms (Amendment) Act 1997, c. 5 § 44(1), www.legislation.gov.uk/ukpga/1997/5/contents. 

egina v. Chelmsford Crown Court, Ex parte Farrer, [2000] 1 WLR 1468; It’s Been a Bad 

Week Fo E LAWYER, Mar. 13, 2000, at 64. 

68 Home Office, supra note 45, ch. 19. 

69 Id. ¶ 12.9. 

70 Id. 

71 Id. ¶ 19.7, R

re, TH

The Law Library of Congress 100 
Firearms-Control Legislation and Policy 

5. Duration and Revocation of Certificates

Once granted, a firearm certificate is typically valid for a five-year period.72 However, 

firearm certificates may be revoked if the person is 

 A danger to public safety or to the peace;

 Of intemperate habits;

 Of unsound mind;

 Unfit to be entrusted with such a firearm;

 A prohibited person under the Firearms Act; o

73

r 

 No longer has ‘good reason’ for possession.

justify the revocation of a 

certificate for “intemperate habits” include evidence of alcohol or drug abuse; aggressive or 

sturbing or unusual behaviour of a kind which gives rise to well-founded fears about the 

futu uld generally be regarded more seriously 

ents should not be disregarded in the 

the police notes the difficulties of providing a 

efinition of the term that covers every eventuality, and points out that it is “impractical for a 

sychiatric assessment to be conducted on an applicant’s suitability to possess firearms.”77 

igns of depression, suicidal tendencies, longstanding or intermittent periods of either emotional instability or unpredictable behaviour. Chief 

officers sho ld also be alert to any of these signs exhibited by existing certificate holders.”78 

Each case is judged on its own merits and circumstances. The police have provided 

guidance on how the above terms should be interpreted. Criteria that 

antisocial behavior, such as domestic disputes; or hostility towards a group of people. 

Consideration is also given to 

di

re misuse of firearms. A pattern of abuse sho

than a single incident, although isolated incid

assessment of the person concerned and their fitness to possess a firearm.74

When determining whether a person is unfit to possess a firearm, the police consider 

whether the person is a prohibited person under the Firearms Act, whether they have any 

convictions or cautions, or whether they have any other known involvement in criminal 

offenses.75 Cases where a refusal to grant a certificate, or the revocation of a certificate, have 

been upheld include where the holder had drunk-driving convictions and where a spouse of the 

holder had two prior drug convictions but continued to associate with drug users.76 

Refusing to grant, or revoking, a license on the grounds that the applicant or holder is of 

“unsound mind” is a sensitive area. Guidance to

d

p

Instead, the police are required to consider any “s

u

72 Firearms Act 1968, c. 27, § 28A, http://www.legislation.gov.uk/ukpga/1968/27/section/28A. 

12.3. 

73 Id. §§ 27–28; see also Home Office, supra note 45. 

74 Home Office, supra note 45, ¶ 12.8. 

75 Id. ¶ 

76 Id. (citing Dabek v. Chief Constable of Devon and Cornwall, 155 J.B. Rep. 55 (1990)). 

77 Id. ¶ 12.9. 

78 Id. 

The Law Library of Congress 101 
Firearms-Control Legislation and Policy 

Periods of th Act are considered; however, the guidance 

specifically notes that there should be “no correlation between periods of imprisonment and 

periods

it to possess a firearm. It is simply one of the factors to be considered with 

aracter and history. In such cases, account 

ing a shotgun, or if the individual poses a danger to 

ublic safet r her possession of the shotgun.81

The refusal of the police to grant a firearm or shotgun certificate is appealable to the 

83

in practice, decisions by the police to refuse a certificate can in

ap decisions are 

the proces expensive and therefore in many instances inaccessible, is against their 

87

 detention under the Mental Heal

 of detention under the Mental Health Act.”79 In cases where there have been past 

instances of mental health issues such as depression, the police must 

remember[] that simply because a person has received treatment in the past for certain 

illnesses or conditions, such as depression or stress, it does not automatically follow that 

they are unf

all other evidence relating to the applicant’s ch

should be taken of the latest medical opinion.80 

Shotgun certificates may be revoked by the chief officer of police if he is satisfied that the 

holder is prohibited by the Act from possess

p y or the peace through his o

Individuals convicted of an offense under the Firearms Act, or a crime where a term of 

imprisonment is imposed, may be ordered by the court to forfeit or dispose of any firearm or 

ammunition held, and cancel any firearm or shotgun certificate held by the individual.82 

6. Appealing the Denial of a Certificate

Crown Court (or the Sherriff in Scotland). In these cases, the court is exercising an 

administrative function; therefore the normal rules of evidence do not apply in these cases.84 

One commentator has noted that, 

some cases be arbitrary and be made for reasons such as “the nature of a person’s lifestyle or 

associates, to (which is rare) criminal activity.”85 Frustrations have been voiced regarding the 

peals process both by the police, who consider that in certain instances their

overturned without full consideration,86 and by the applicants for certificates, who consider that 

s, which is 

favor due to the evidentiary rules.

81 Firearms Act 1968, c. 27, § 30C, http://www.legislation.gov.uk/ukpga/1968/27/section/30C

79 Id. 

80 Id. 

. 

82 Id. § 52, http://www.legislation.gov.uk/ukpga/1968/27/section/52. 

83 Id. § 44, http://www.legislation.gov.uk/ukpga/1968/27/section/44. 

84 Kavanagh v. Chief Constable of Cornwall [1974] Q.B. 624 (C.A.). See also Burton, supra note 4. 

 Call for Calm Amid Firearms Outcry, GUARDIAN

(London)

85 Id. 

86 Duncan Campbell, Gun Laws: Police and Clubs

, Mar. 15, 1996, at 2. 

87 Id. 

The Law Library of Congress 102 
Firearms-Control Legislation and Policy 

7. Statistics on Certificates Granted 

While the legislation that authorizes possession of firearms is relatively stringent, 

certificates are still granted. For the period 2008-2009, 138,728 certificates for firearms and 

4,946 certificates for shotguns were in effect. In March 2012, almost 142,000 firearm 

tificates were in effect and 

57

cer over 560,000 shotgun certificates.88 The refusal rate of certificates 

 In 2008-2009, 1,300 certificates 

d that firearms certificates in its area are granted 

redom les of any caliber, self-loading .22RF rifles (and corresponding 

mmun pistols.”90 

five years after the date of release.92

These 

include, r 

hich are typically granted to allow an executor to 

s to the estate he or she is administering; 

hold a 

nd 

ng firearms in the ordinary course of 

and for theatrical, film, and television production, 

performances; or rehearsals or theatrical productions; 

 

for these weapons is low, at 1 and 2%, respectively.

89

were revoked. 

The Metropolitan Police has state

p inantly for “single shot rif

a ition) and muzzle loading 

8. Prohibited Individuals 

 Individuals absolutely prohibited from obtaining a firearm or shotgun certificate include 

those who have been sentenced to any form of custody or preventive detention for three years or 

more.91 Those with sentences for more than three months but less than three years cannot possess 

firearms or ammunition for a period of 

9. Exemptions from Certification 

 There are a number of exemptions for holding firearm and shotgun certificates. 

inter alia, exemptions fo

 holders of temporary permits, w

dispose of a weapon that belong

 authorized firearms dealers who handle weapons for which they do not personally 

certificate; 

 people licensed to slaughter animals, who may possess a slaughtering instrument a

ammunition in the slaughterhouse where they are employed; 

 auctioneers, carriers, or warehousemen possessi

business; 

 people possessing firearms during 

88 Home Office, Firearm and Shotgun Certificates in England and Wales 2011/12, http://www.homeoffice. 

gov.uk/publications/science-research-statistics/research-statistics/police-research/hosb1012/hosb1012?view=Binary. 

rms 

89 Casciani, supra note 61. 

90 Firearms Applications, METROPOLITAN POLICE, http://content.met.police.uk/Site/firea

licensingfirearmsapplications (last visited Jan. 21, 2013). 

91 Firearms Act 1968, c. 27, § 21, http://www.legislation.gov.uk/ukpga/1968/27/section/21. 

92 Id. 

The Law Library of Congress 103 
Firearms-Control Legislation and Policy 

 people holding firearms at athletic meetings for the purpose of starting a race or fo

sporting purposes;

r other 

r at a 

 place for shooting 

row the shotgun of an occupier of private premises94 for use on that 

ay be used by people who do not hold a firearm or 

 for a club to be approved. 

ary of 

t ssess 

firearm gaged as a member of the club in 

roval: 

d safely and give no cause for concern;

 people using air weapons or miniature rifles that do not exceed .23-inch calibe

miniature rifle range, or shotguns at an approved time and

artificial targets;93

 firearms on board a ship as part of its equipment;

 people who bor

private premises only.95

D. Clubs and Firearms 

As noted above, shooting clubs m

shotgun certificate. There are stringent conditions that must be met

Approval is from the Home Secretary for clubs in England and Wales, and from the Secret

S ate for clubs in Scotland. Once approved as a club under the Act, any members may po

s or ammunition without a certificate “when en

96 connection with target shooting.”

Authorities must ensure that clubs meet the following extensive criteria prior to app

 the club is a genuine target shooting club with at least 10 members at all times and a

written constitution;

 the principal officers of the club are responsible people who can be entrusted with the

proper administration of the club;

 members are of good character;

 the club must appoint a member to act as a liaison officer with the police, and the

chief officer of police must have confidence that this person is providing the police

with such information as they require to ensure that the activities of the club and its

members are conducted properly an

 the club maintains a register of the attendance of all members together with details

for each visit of the firearms which they used . . . ;

 the club will inform the police of any holder of a firearm certificate who has ceased

to be a member for whatever reason;

93 Firearms (Amendment) Act 1988, c. 45 § 15(1), http://www.legislation.gov.uk/ukpga/1988/45/contents. 

ned in the Act. Guidance to the police recommends that, until judicially 

efined otherwise, the term be interpreted in accordance with section 27 of the Wildlife and Countryside Act 1981. 

Section 2

95 Firearms Act 1968, c. 27 §§ 8–15, http://www.legislation.gov.uk/ukpga/1968/27/part/I/crossheading/ 

94 The term “occupier” is not defi

d

7 states “that ‘occupier’ in relation to any land, other than the foreshore, includes any person having any 

right of hunting, shooting, fishing or taking game or fish.” Home Office, supra note 45, ¶ 6.14. 

special-exemptions-from-sections-1-to-5. 

96 Firearms (Amendment) Act 1988, c. 45 § 15(1), http://www.legislation.gov.uk/ukpga/1988/45/contents. 

The Law Library of Congress 104 
Firearms-Control Legislation and Policy 

 the club will inform the police if any member who holds a firearm certificate has not

shot with the club for a period of 12 months;

 the club will inform the police of any application for membership, giving the

applicant’s name and address, and of the outcome of any application;

the club has regular use of ranges with safety certificates for the categories of firearm

is being sought or given, as the case may be;

 the security arrangements for the storage of club firearms and ammunition are

one-to-one basis at all times when handling firearms

and ammunition by either a full club member or someone who is a coach with a

irearms licensing department of the area in

which the guest day is to take place at least 48 hours in advance;

 anyone who applies for membership must be sponsored by at least one full club

be

before becoming a full mem indi mu ve a od of at 

st th m u

bati st be given a course in the safe handling and use of firearms 

n a on e ba som ho er em the club or who is a 

ch q o i h Britain Target Shooting 

era go o

until a ation emb as s torily pleted a course in the safe 

dlin use ear /sh t be vised at all times when in 

ossess firea am on er the range officer, or a full member of 

ith a qualification recognised by the Great 

Britain Target Shooting Federation and/or governing bodies; 

97

g further enhance the laws regulating 

gun ow n 

 members, prospective members and guests must sign a declaration that they are not

prohibited from possessing a firearm or ammunition by virtue of section 21 of the

Firearms Act 1968 (which applies to persons who have served a term of

imprisonment);



in respect of which approval 

satisfactory;

 the club does not run a day or temporary membership scheme;

 the club does not have more than 12 guest days a year. Guest members must be

either members of a recognised outside organisation or people who are known

personally to at least one full member of the club;

 guests must be supervised on a 

qualification recognised by the UK or national Sports Council. The club secretary

must notify each guest day to the police f

mem r;

 ber, viduals st ha probationary peri

lea

ro

ree months during which ti e they m st attend and shoot regularly. The 

p

o

onary mem

e-to-on

ber mu

sis by eone w is eith a full m ber of 

coa

Fed

with a 

nd 

ualificati

ng b

n recogn

 

sed by t e Great 

tion a verni dies;

 prob ary m er h atisfac com

han g and of fir ms, he e mus super

p ion of rms or muniti by eith

the club, or someone who is a coach w

 there is nothing else that would make the club unsuitable for approval.

IV. Minimum Sentencing Laws

Strict penalties and mandatory minimum sentencin

nership in Britain. A number of firearms offenses carry mandatory minimum priso

97 Home Office, Approval of Rifle and Muzzle-loading Pistol Clubs (Apr. 2012), http://www.homeoffice. 

gov.uk/publications/police/firearms/approval-rifle-pistol-clubs. 

The Law Library of Congress 105 
Firearms-Control Legislation and Policy 

sentences, which is the minimum term provided for by the offense unless there are exceptional 

circum

ces a five-year mandatory minimum jail sentence. 

The government has raised concerns that mandatory minimum sentencing is applied 

inconsistent at te n rt d “exceptional 

circumstances.”99 an m c fy , t o f ea ld circumstances are 

“exceptional” if the imposition of the minimum term would result in an arbitrary and 

d ion se ce 

V. Effectiveness of the Legislation 

 that involved shotguns; however, these still remain fairly low and range 

etween 580–640 offenses per year.101 

stances that justify deviating from this.98 One result of this law is that anyone found 

unlawfully possessing a firearm fa

ly, tribu

 In 

d i

 atte

pa

pt to

to 

lari

iffering interpretations of the term

 this he C urt o App l he that

isproport ate nten .

100

In 2010/11 fifty-two victims of homicide were killed by firearms. This figure includes 

the twelve victims of the Cumbrian shootings. Of the total recorded offenses for this period, 

11,227 involved firearms. The use of firearms in offenses has been slowly falling for the past 

seven years, and by 2010/11 had decreased by 13% from the previous year. Handguns were used 

for 3,105 offenses in 2010/11, down almost 17% from 2009/10. There was a slight increase in 

the number of offenses

b

The following table lists Home Office statistics for firearms used during offenses, for 

parliamentary years 2000/01 through 2010/11:102

Weapon Used* 2000/1 2001/2 2002/3 2003/4 2004/5 2005/6 

Shotgun 73 111 107 104 135 154 

Hand gun 400 648 640 590 780 1024 

Other firearms 909 1,120 1,432 1,673 2,989 2,644 

All firearms 1,382 1,879 2,179 2,367 3,904 3,822 

Weapon Used 2006/7 2007/8 2008/9 2009/10 2010/11 

Shotgun 128 157 137 141 157 

Hand gun 792 881 493 504 483 

Other firearms 2,091 2,203 1,131 1,268 1,309 

All firearms 3,011 3,241 1,761 1,913 1,949 

*Statistical data for air weapons is excluded from this chart.

98 Firearms Act 1968, c. 27 § 51A, http://www.legislation.gov.uk/ukpga/1968/27/section/51A. 

RANDUM TO THE HOME AFFAIRS COMMITTEE POST-LEGISLATIVE ASSESSMENT OF THE VIOLENT

CRIME R , 2011-12, at 10, available at http://www.official-documents.gov. 

99 MEMO

EDUCTION ACT 2006, Cm. 8327

uk/document/cm83/8327/8327.pdf. 

100 R v. Rehman, R v. Wood, [2006] Cr. App. R.(S.) 77, CA. 

e Office, Statistical News Release, Homicides, Firearm Offences and Intimate Violence 2010/11: 

Supplem England and Wales 2010/11, Jan. 2012, www.homeoffice.gov.uk/ 

101 Hom

entary Volume 2 to Crime in

publications/science-research-statistics/research-statistics/crime-research/hosb0212/hosb0212snr?view=Binary. 

102 Figures taken from id. 

The Law Library of Congress 106 
Firearms-Control Legislation and Policy 

The following table lists the number of homicides that involved the use of a firearm, as 

reported by the Home Office:103 2000/1 2001/2 2002/3 2003/4 

2004/5 2005/6 2006/7 2007/8 2008/9 

2009/10 2010/11 

Firearm 62 90 57 61 62 38 52 47 

Homici

35 33 52 

des 

gent gun laws, newspaper reports indicate that illegal handguns 

approximately US$70–155).104 In 2002 a Member of Parliament 

ated that there are some inner-city areas “in which it is now easier to buy an illegal gun than to 

nd a taxi in the rain.”105 Newspapers reported that in the two years after the ban on handguns 

enacted after the Dunblane massacre the number of crimes in which handguns were carried 

increased by 40%.106 

According to news reports, the source of illegal firearms entering Britain is diverse, with 

many originating from within the EU and even as close by as Northern Ireland, with allegations 

that since the ceasefire paramilitary groups have been disposing of their surplus weapons.107 

Reports also indicate that weapons are coming from as far afield as the US, Australia, and 

Argentina.108 Customs officers have noted that there has been an increase in the amount of 

weapons originating from Central and Eastern Europe.109 Regardless of the origin of these 

weapons, those that enter Britain are most commonly smuggled in by vehicles at ports, with 

estimates considering that 160 handguns enter the UK every year intended for criminal use.110

However, in spite of this the numbers of weapons being intercepted has remained relatively low. 

In 2003 customs officers seized 126 handguns, 102 rifles, and 36 shotguns that were being 

smuggled into the country.111

Scotland Yard has expressed concern over the number of gun-related incidents, including 

Despite the country’s strin

can be purchased for £50–100 (

st

fi

103 Figures taken from id. 

104 Paul Lashmar, Gun UK: A Teenage Girl is Dead and a Baby Wounded . . . , THE INDEPENDENT ON 

SUNDAY (London), Oct. 17, 2004 (accessed via Lexis). 

105 Gun Law Off-target, DAILY TELEGRAPH (London), Aug. 13, 2002, at 19. 

106 Id. 

107 Lashmar, supra note 104. 

9), 

ent-2

108 Id. 

109 Id. 

110 Burrell, supra note 1. 

111 Lashmar, supra note 104. See also Ten Years of Operation Trident, TIMEOUT LONDON (Feb. 19, 200

http://www.timeout.com/london/things-to-do/ten-years-of-operation-trid . 

The Law Library of Congress 107 
Firearms-Control Legislation and Policy 

The Law Library of Congress 108 

hibited weapons, to the point that it planned to increase the number of officers 

arrying firearms on the street. The increase in gun crime led the Metropolitan Police to start 

Operation Trident in 1998, which is aimed at reducing the number of firearms incidents.112

The Association of Chief Police Officers’ lead officer on licensing has stated that the 

system of certific rime and cannot 

completely eliminate it. However, in the wake of the Sandy Hook shootings in the US former 

Home Secretary Jack Straw maintained t n laws introduced after the shooting in 

Dunblane have reduced the risk of massacres in Britain.114

Prepared by Clare Feikert-Ahalt 

Senior oreign

those using pro

c

ation in Britain serves only to minimize the risk of gun c

113

hat the gu

F Law Specialist 

112 Jason Bennetto, Drug Gangs Force Police to Increase Firearms Officers, INDEPENDENT (London), Jan. 

30, 2004 (accessed via Lexis). 

113 Casciani, supra note 61. 

114 Rowena Mason, Connecticut School Shootings: Gun Controls Reduce Risk of Massacres, Says Jack 

Straw, THE TELEGRAPH (London), Dec. 16, 2012 (accessed via Lexis). 
ISRAEL 

 with regard to issuing and renewing 

firearms licenses, and restricts their use. 

lding certain positions, such as designated 

leaders, managers or owners of premises, 

l health requirements, applicants must prove that possession of a firearm 

is needed based on the location of their residence or employment, the type of 

serve in combat units, those who serve in the West Bank or other specified areas, or 

who have obtained special authorization from high-ranking military officers based 

on their officer rank or for reasons of personal safety associated with their home or 

service location. 

I. Introduction 

rael’s 

Firearm involving firearms, including the manufacture, 

trade, possession and use of firearm authorization. Accordingly, any act involving 

firearms quires a special license issued by the Ministry of Public Security and 

approved by the police. Activities involving firearms for Israeli Defense Forces (IDF) use 

FIREARMS CONTROL LEGISLATION AND POLICY 

Summary 

Israeli law regulates the issuance of firearms to both civilians and 

soldiers. Israel maintains restrictive policies

The law designates persons ho

ministry employees, authorized community

and licensed guards and escorts, as eligible for firearms licenses based on security 

needs. Licensed private investigators, providers of guard services, and authorized 

escorts for field trips or camping trips may similarly be granted a license. The law 

also authorizes the issuance of firearms licenses to film producers and performers 

for purposes of gun possession or use during a performance. 

Issuing a firearms license for private use to other persons requires proof 

of the existence of a cause that justifies the license. In addition to specific training 

and menta

occupation they are engaged in, or service in elite Israel Defense Force (IDF) 

reserve units. 

Military firearms are issued to IDF soldiers. As a general rule, a soldier 

does not take his gun on home leave. Exceptions to this rule apply to soldiers who 

There is no clear right to bear arms under Israeli law. In accordance with Is

1 s Law, 5709-1949 (the Law) activities

s, require 

 for civilian use re

w, 5709-1949, § 11, 3 LAWS OF THE STATE OF ISRAEL [LSI] 61 (5709-1949), as amended. 1 Firearms La

The Law Library of Congress 109 
Firearms-Control Legislation and Policy 

req he issuance of a license or authorization for 

firearms is based on restrictive criteria established by the relevant Ministry.3

 

y part of, accessory to and ammunition for 

may contain such material, 

g 

suitab e.5

 The Law further requires the individual 

acq g for the Grant and Renewal of a License) 

752-19927 regulate training programs, their frequency, and certification of training, which is 

required as a precondition for the grant and renewal of firearms licenses. According to the 

egulations, a person who possesses different types of firearms must undergo training for each 

as recommendations from appropriate associations such as sport 

ssociations, for training in specific types of firearms.9

 

uire authorization by the Minister of Defense.2

 T

The Law defines a “firearm” as 

... a barreled instrument adapted to throw a bullet, projectile, shell, bomb or the like, 

capable of killing a person, and includes an

such an instrument, including a container that contains or 

excluding a container for tear gas.4

II. Licensing of Firearms to Civilians 

A. Statutory Requirements 

1. Proper Operation and Trainin

 The Firearms Law requires the firearm subject to a license to be checked and approved as 

le for use prior to the issuance of a licens

obtaining the license to have proper training in the use of the specific firearm he wishes to 

uire or possess.6 Firearms Regulations (Trainin

5

R

one of them. 

 The Law requires shooting ranges and their supervisors to be licensed.8 The Law further 

regulates the admission of trainees, including those operating firearms for sport purposes, into 

shooting ranges by requiring proof of minimum age, depending on the type of activity for which 

the training is sought, as well 

a

2 Id. § 11. 

inistry of Public Security policy regarding licensing, see Criteria for Grant of a License for 

Persona of a Firearm as Approved by the Minister on Aug. 4, 2011, ISRAEL MINISTRY OF PUBLIC 

SECURITY ug 19, 2011), http://mops.gov.il/Pages/Firearm LicensingCriterion.aspx

3

 For the M

l Possession

(MOPS) (A (in Hebrew). 

w § 1 (translated by author, R.L.). 

w § 5A.

gulations (Training for the Grant and Renewal of a License), 5752-1992, KOVETZ 

HATAKA Regulations) No. 5415 p. 668 (in Hebrew). 

7C. 

4

 Firearms La

5

 Firearms La

6 Id. § 5C. 

7

 Firearms Re

NOT (Subsidiary 

8

 Firearms Law §§ 7, 

9 Id. § 7A1. 

The Law Library of Congress 110 
Firearms-Control Legislation and Policy 

2. Persons Who May Obtain a License 

The Law authorizes the Minister of Interior and the Minister of Defense (hereinafter 

censin

n eligible establishment to protect the premises, its 

11

 an employee designated by a Minister for security purposes in connection with the 

ce;13

r social worker to 

file a r

for 

employment with security agencies must be forwarded by licensing officials to the Manager, 

who w ts’ hospitalizations for mental 

health p

 

li g authorities) to issue licenses to 

 the leader of a community for the protection of the people and property of, and traffic to 

and from, the community;10

 the owner or manager of a

employees, and traffic;

functions of the employees of that ministry;12

 the producers of a film or a play, or people authorized by them to carry a licensed 

firearm during a performan

 the holder of a license for guard or private investigator services under conditions 

prescribed in the special license;14 and 

 escorts for field trips or camping trips, provided that the application is made in advance 

as prescribed by the licensing authority.15

3. Mental Health Requirements 

The Law requires any physician, psychologist, mental health officer, o

eport with the Manager of the Ministry of Health regarding any patients under their care 

who would constitute a danger to themselves or to the public if they had access to a firearm. 

Such a report may be forwarded by the Manager to the IDF16 or to state security agencies such as 

the police or prison authorities, who routinely inform the Ministry of Health of the names of their 

applicants for employment.17 

 License applications and information regarding the eligibility of applicants 

ill inform them of any records of the applican

18 roblems. 

10 Id. § 9. 

11 Id. § 10. 

12 Id. § 10A. 

13 Id. § 10B. 

14 Id. § 10C. 

15 Id. § 10D. 

16 Id. § 11A(a). 

17 Id. § 11A(b). 

18 Id. § 11B. 

The Law Library of Congress 111 
Firearms-Control Legislation and Policy 

em to any policeman who so requires. A person who possesses a licensed 

firearm ust deposit it at the police station at the place of his residence or occupation after 

expirat

 offenses. 

of Licenses 

or 

business. Such an order may also be prescribed by a court, upon a prosecutor’s request, in 

cases in

 Indeed, whereas in the late 1980s 

during the first Intifada the number of private citizens who held firearms licenses reached 

300,00

4. Police Authority 

 A person who carries a firearm must carry his19 license or authorization with him at all 

times and present th 20

 m

ion of his license. Special provisions apply to the seizure of firearms suspected of being 

involved in the perpetration of

5. Confiscation of Firearms and Revocation 

The Law imposes double penalties for committing offenses while using firearms.21 In 

addition, a court that convicts a person of an offense against the Firearms Law may order the 

firearm to be forfeited to the state.22 

 In addition, the conviction of a person for a violent offense may, upon the prosecutor’s 

request, result in an order for the cancellation of the person’s firearm license and in license 

ineligibility for a period defined by the court. The conviction may also result in an order that the 

convicted person deposit his firearm at the police station close to his place of residence 

23

volving convictions for domestic violence offenses.24

B. Ministry of Public Security Criteria for Licensing of Firearms 

The Minister of Public Security is authorized to implement the Firearms Law.25 

According to information posted on the Ministry of Public Security (MOPS) website, the 

Ministry’s policy is to limit the number of firearms available to the public, while giving 

preference to authorized organizations and their employees.26

0, by June 2012 this number had been reduced to 170,000 and continues to decline.27 

 19 Any reference to males in this report applies equally to females. 

20 Firearms Law § 13. 

Id. § 17. 

Id. § 18. 

23 Id. § 18A. 

er of the Interior but 

were trans uthorities transferred 

to the he M

 of a License for Personal Possession of a Firearm, supra note 3. 

Wolfowitz & Nitsan Shiri, Deadly Weapon, 1 DOMESTIC SECURITY 41 (June 2012), 

http://mo .il/Documents/Publications/MopsNewsletter/MNL1June2012/MopsNewsletterFatalWeapon%20-

21

22

24 Id. § 18B. 

25 Id. § 21. Note that implementation authorities were initially prescribed to the Minist

ferred to the Minister of Public Security on March 17, 2011, with firearms licensing a

ad of the firearms licensing division in that Ministry on September 12, 2011. See YALKUT HAPIRSUMI

[Government Notices] No. 6214 p. 3162 (2001) and No. 6292 p. 6468 (2011), respectively. 

26 See Criteria for Grant

27 Tal 

ps.gov

p%2040-43.pdf (in Hebrew). See also, Yakov Amit, History of Firearm Licensing in Israel, MOPS,

The Law Library of Congress 112 
Firearms-Control Legislation and Policy 

Acc obtain a firearm license must 

eet one of the criteria for issuance of a firearm license, as determined by the Minister in 

collabo

1. Firearms’ Licensing Criteria: 1995–2011 

 the criteria established by the Law, the issuance of firearms licenses is 

restricted to people who reside or work in dangerous geographic locations, those employed in 

lines of

y a family doctor attesting to their 

fitness to use a firearm. According to information posted on the MOPS website, the passage of 

the new

nted the sharp 

decline in the number of licenses, and the “[a]dvancement of capabilities” resulting from “the 

more stringent training requirements,”32 as some of what he saw as accomplishments of the 

1999 reform. 

 

ording to the MOPS website, a person who wishes to

m

ration with security authorities. The current list of criteria is available on the Ministry’s 

website28 and is discussed below. A license is valid for a period of three years after which it 

must be renewed.29

The following discussion describes the evolution of criteria established by the MOPS 

from the mid-1990s to today.

The Ministry’s policy of restrictive licensing has evolved since the mid-1990s. A 1992 

shooting at a psychiatric ward, killing four social workers, by a patient who as a security guard 

had a license to carry a weapon, prompted the appointment of the Cohen Inter-office Committee. 

The Committee reexamined the then-existing criteria for issuing firearms licenses and made 

recommendations that became the basis for new criteria adopted in 1995. According to these 

criteria, in addition to

 work requiring extra security, and groups involved in the country’s public security.30 

Further firearm licensing reform took place in 1999 and resulted in the introduction of 

additional preconditions. License applicants, accordingly, are required to complete proper 

firearms training and submit a health declaration verified b

 restrictions has resulted in the reduction of the number of invalid licenses from 72,000 in 

1999, to 33,000 after the initial introduction of the restrictions, and to less than 9,000 as of 

March 2012. Apparently, “[m]any of the people with invalid licenses are elderly individuals 

who are not aware of the new changes and requirements.”31

The head of the MOPS Firearm Licensing Department, Yakov Amit, cou

http://mop .il/ English/AboutUsEnglis s.gov h/Firearm/Pages/History_Firearm.aspx (last visited Dec. 17, 2012). 

Yakov A stry of Public Security. 

2 n.10 

(Knesset nd Research Center, July 5, 2010), http://www.knesset.gov.il/mmm/data/pdf/m02587.pdf

mit is the head of the Firearm Licensing Department at the Mini

28 Criteria for Grant of a License for Personal Possession of a Firearm, supra note 3. 

29 SHELI MIZRAHI, FIREARM LICENSES FOR PRIVATE CITIZENS: POLICY AND NUMERICAL DATA

 Information a . 

note 27. 30 Amit, supra 

31 Id. 

32 Id. 

The Law Library of Congress 113 
Firearms-Control Legislation and Policy 

2. Firearms Licensing Criteria: August 2011–Present 

New firearms licensing criteria were approved by the Minister for Public Security in 

August 2011. In addition to the criteria established by the Law (submission of a health form and 

training),33 the new rules require proof of permanent residence and uninterrupted stay in Israel 

for a period of at least three years, and a basic knowledge of the Hebrew language.34 They also 

establish minimum age requirements—twenty-seven for citizens with no military or national 

service ties, twenty-one for those who served in the Israel Defense Force (IDF) or national 

service, and forty-five for permanent residents who are not citizens.35 

irearm license to an individual.” Such causes include residence 

or employment at locations that have been approved for firearms possession.37 To obtain a gun 

license

rson licensed to do so, and the 

submission of invoices issued within the preceding three months or an income tax certificate 

attestin

at a 

lieutenant or equivalent level in other security forces, who have served at least two years at this 

re similarly qualified for a restricted 

cense for the possession of “one gun and fifty additional bullets.”41 An application for a license 

under t de a recommendation by a unit commander at the rank of 

an IDF lieutenant colonel or higher, or the equivalent in other security services.42

In addition, the 2011 criteria introduced a requirement of proof of “a cause that 

presumably justifies issuing a f 36

 based on these grounds the applicant must submit proof that his life is centered in the 

approved municipality or that most of his work for three months preceding the application was 

performed there. A license based on these grounds is limited to “one gun and fifty 

additional bullets.”38

Other causes that create a presumption of a justification for the issuance of firearms 

licenses to individuals include the transfer of explosives by a pe

g to the applicant’s income from this occupation. A license based on this ground is 

similarly limited to “one gun and fifty additional bullets.”39 

High-ranking regular service officers at the captain ranking or higher in the IDF, or 

rank,40 and reservists who belong to special reserve units, a

li

hese circumstances must inclu

 33 Criteria for Grant of a License for Personal Possession of a Firearm, supra note 3, at 2, items 3–4. 

, dangerous locations requiring self-protection. 

rant of a License for Personal Possession of a Firearm, supra note 3, at 3, items 1–2. The 

text uses t which means a gun, not the general term “ " ירייה כלי which means a firearm. 

. 

34 Id. at 2, item 1. 

35 Id. item 2. 

36 Id. 

37 For example

38 Criteria for G

he term "אקדח“

39 Id. item 3. 

40 Id. item 4

41 Id. item 6. 

42 Id. items 4 & 6. 

The Law Library of Congress 114 
Firearms-Control Legislation and Policy 

A gun license may also be issued to retired officers at the rank of lieutenant colonel or 

he rank of captain or higher, or to persons at equivalent ranks 

tution 

nd to 

int enses apply to the 

4

unition as

determ 46 license may be issued to a licensed hunter 

r a fi one used for hunting purposes, along with 

47

A. Soldiers on Home Leave 

 carry and safeguard personal weapons are regulated by orders 

and. As a general rule a soldier will not take his gun on home 

ave.50 Exceptions to this rule apply to soldiers who 

 

higher and to reservist officers at t

in other security forces. A license may also be issued to security officers in a public insti

who were trained by the police and who have at least one year of experience on the job, a

other persons who are identified by the police or other security agencies as having a “special 

erest” for the purpose of gun possession. As in other cases, these lic

possession of “one gun and fifty additional bullets.” Specific documentation and 

recommendations are similarly required.43

In addition to certain high-ranking security officers, firefighters and Magen David 

Adom 4

 employees with at least one year experience may be eligible for a license for “one gun 

and fifty additional bullets.”45

Instead of a license limited to “one gun and fifty additional bullets,” an active 

sportsman/woman may qualify for a license for possession of a firearm that is recognized by the 

licensing authority as a firearm approved for sporting purposes, and for amm

ined by a shooting association. Similarly, a 

fo rearm recognized by the licensing authority as 

700 bullets, or to an authorized person for possession and use of a firearm that was similarly 

approved for “treatment of agricultural harm” and 700 bullets.48 

As a general rule, an individual who qualifies for a license may be eligible for only one 

firearm. Possession of additional firearms may be licensed for special reasons, including when 

the additional firearm is an air or BB gun, when it is designed to be held as memorabilia, or 

when it is required for different fields of sports or for the prevention of harm to agriculture.49

III. Authorization for Possession of Military Firearms 

The duties of soldiers to

issued by the IDF Central Comm

le

43 Id. items 5, 6, 8 & 9. 

44 Magen David Adom is Israel’s medical service association, equivalent to the Red Cross. For additional 

information, see the Magen David Adom website, http://www.mdais.com/271/ (last visited Dec. 20, 2012). 

45 Criteria for Grant of a License for Personal Possession of a Firearm, supra note 3, items 10-11. 

2. 

4. 

Weapons, issued 

June 15,

46 Id. item 1

47 Id. item 1

48 Id. item 13. 

49 Id. § 3. 

50 IDF Central Command Order No. 2.0101, Duty for Carrying and Safeguarding Personal 

 1986, updated Oct. 11, 2007, § 5, http://dover.idf.il/IDF/pkuda/020101.doc (in Hebrew). The Order use

the term 

s 

נשק, correlating to “weapon” in the English language. 

The Law Library of Congress 115 
Firearms-Control Legislation and Policy 

The Law Library of Congress 116 

 serve in combat units;

 serve in the West Bank or in othe ecified by an order for this purpose; 

 were authorized by their unit officer at the rank of a colonel or higher for reasons of

person

 are officers whose request for a ilitary weapon was approved by their unit 

officer at a ranking of colonel or

 both 

terroris effort 

to prev from 

carryin t unit 

were su ld be 

made w

ging to Special IDF Units 

y and

other d ject to 

numero from 

relevan Such 

program Nahal 

Brigade ry service and the establishment of new agricultural 

communities.54 ents regarding safeguarding and storage are specified by the 

n be distributed in these circumstances.55 

r areas sp

al safety associated with their home or service location; or 

personal m

 high r.51 e

The IDF recognizes that personal weapons are an attractive target for theft by

t and criminal elements.52 According to news reports from September 2012, in an 

ent weapons theft IDF has prohibited soldiers belonging to a specific combat unit

g their personal weapons while on leave. According to IDF sources, soldiers of tha

bjected to a very strict sorting procedure at the end of which a determination wou

ith regard to soldiers’ eligibility for carrying weapons while on home leave.53

B. Persons Belon

Persons serving in special IDF programs that involve a combination of both militar

uties may be issued military weapons under special personal authorizations and sub

us conditions that include similar health and training requirements, authorizations

t authorities, and a temporary trial period before a weapon is issued by IDF. 

s include the Yeshivat Ha-Hesder, for military and religious training, or the

, which combines milita

 Special requirem

military order under which weapons ca

Prepared by Ruth Levush 

Senior Foreign Law Specialist 

51 Id. § 7. 

Weapons Before Leave, YNET (Sept. 19, 2012), 

http://www.ynet.co

52 Id. § 2. 

53 Yoav Ziton, Combatants on Condition, Depositing

.il/articles/0,7340,L-4283806,00.html (in Hebrew). 

54 Nahal Brigade, IDF, http://www.idf.il/1515-en/Dover.aspx (last visited Dec. 18, 2012). 

55 IDF Central Command Order No. 2.0107, Delivery of Military Weapons to Civilians, issued Mar. 1, 

1981, updated Sept. 26, 2006, http://dover.idf.il/IDF/pkuda/020107.doc (in Hebrew). 
JAPAN 

the Sec ilians have never 

ns and to hunt 

obtaining a gun-possession permit is cumbersome and time-consuming. The 

as a result of the very 

 suicides has not 

has a lo

and ma

the suicide rate would rise sharply. However, no scientific research has been 

conducted on that question. 

ced to Japan through wakō and Europeans in the mid-sixteenth 

entury. In 1588, the ruler of Japan, Hideyoshi Toyotomi, announced the Sword Hunt, which 

banned possession of swords and firearms by people who were not soldiers. “The measure had the 

double advantage from the ruler’s point of view of preventing riots and distinguishing the peasant 

from th

FIREARMS-CONTROL LEGISLATION AND POLICY 

Summary 

Guns have been controlled in Japan since the late sixteenth century. After 

ond World War, gun control became very strict. Many civ

seen a gun in their lives. In order for a person to own hunting gu

animals and birds with a gun, he or she must pay a hunting tax and obtain a gunpossession permit, hunting license, and hunting registration. The process for 

number of people who possess guns has been declining 

strict regulations. 

The relationship between gun possession and crimes or

been studied in great detail. There are very few deaths by gunshot in Japan, which 

w homicide rate overall. The suicide rate, on the other hand, is very high, 

ny speculate that if Japanese people were able to possess guns more freely, 

I. History of Gun Control in Japan 

Gun control was instituted in Japan soon after guns were introduced there, and the country 

has a long history of policies that restrict gun possession by members of the general public. 

Guns were introdu 1

2

c

e soldier.”3

1 Wakō are “any of the groups of marauders who raided the Korean and Chinese coasts between the 13th 

and 16th centuries.” Wakō, ENCYCLOPÆDIA BRITANNICA ONLINE ACADEMIC EDITION (2013),

http://www.britannica.com/ EBchecked/topic/634306/wako. 

2

 TAKEHISA UDAGAWA, TEPPŌ DENRAI NO NIHONSHI [JAPANESE HISTORY OF THE INTRODUCTION OF GUN

26 (2006). It was widely believed in the past that guns were first introduced in Tanegashima, Japan 

Portuguese in 1543, but further studies concluded that guns were introduced by va

S] 

by the 

rious foreigners. 

E BAILEY SANSOM, A HISTORY OF JAPAN: 1334–1615 at 331 (1961). 3 2 GEORG

The Law Library of Congress 117 
Firearms-Control Legislation and Policy 

 During the Tokugawa period (1603–1867),4 gun control was expanded. The Tokugawa 

Shogunate issued the following regulations and decrees: 

Year Regulation/Decree

r the control of pests was permitted upon submission of a 

arded. 

from playing with guns.”

 

1629: The use of guns fo

written declaration that the gun would be used properly. 

1645: The use of guns in Edo (Tokyo) was prohibited except by gun officials. 

1662: The possession of guns other than by hunters was prohibited. Hunters were 

registered and prohibited from renting out guns to others. 

1676: Crackdowns on illegal gun possessors would be conducted. 

1685: Persons who turned in or reported shooters of illegal guns would 

be rew

1687: Villages without hunters were allowed to rent guns. 

1717: Even hunters were prohibited from possessing guns in Edo and its outskirts. 

Guns could be rented for pest control for limited periods. 

1729: The rental conditions imposed in 1717 were tightened: the gun rental period 

would be for one year, a rental document would have to be submitted 

annually, and the number of boars and deer taken in the previous year had to 

be reported.5

 

 The Meiji emperor was restored as head of Japan in 1868, and Japan was transformed from 

a feudal society into a modern country.6

 In 1872, the Meiji Government promulgated the Gun 

Control Regulation.7 Under this regulation, only licensed merchants were allowed to sell guns 

(excluding military guns). Men who had formerly belonged to the soldier class and had owned 

military guns were required to report them to the authorities. These guns had to have newly carved 

numbers. The use of guns was thereafter basically limited to hunters.8 The regulation, aimed at 

controlling guns and ammunition and disarming civilians, was intended to prevent “bad people 

9

 kugawa period, ENCYCLOPÆDIA BRITANNICA 4 ONLINE ACADEMIC EDITION (2013),

http://ww m/EBchecked/topic/598326/Tokugawa-period

 To

w.britannica. co . 

 15–

http://afe. 

5

 HARUYASU NAKASHIMA, JŪHŌ TŌKEN RUI TŌ NO TORISHIMARI [CONTROL OF FIREARMS AND SWORDS]

16 (1979). 

6 The Meiji Restoration and Modernization, ASIA FOR EDUCATORS (Columbia University, 2009), 

easia.columbia.edu/special/japan_1750_meiji.htm. 

7

 Jūhō torishimari kisoku, Dajōkan fukoku No. 28 (Jan. 29, 1872). 

8

 Yoshinobu Endo, 1872 nen jūhō torishimari kisoku no seitei katei [Legislative Process of 1872 Gun 

Control Regulation], 62(2) J. HOKKAIDO U. EDUC. (HUMAN. & SOC. SCI.), 1, 4 (Feb. 2012), http://sir.sap.hokkyodai.ac.jp/ dspace/bitstream/123456789/2858/1/62-2-zinbun-01.pdf.

9 Id. at 2. 

The Law Library of Congress 118 
Firearms-Control Legislation and Policy 

 In 1899, gun and explosives regulations were integrated into one law, the Firearms and 

Explosives Control Law. In 1910, this law was completely revised. It contained the following 

rovisions, among others: 

 the manufacture and sale of guns and explosives were subject to 

.

-war social 

isorder had settled, the SCAP arms control directives were rescinded,13 and the Japanese 

government issued a new regulation in 1950. The 1950 Order Concerning Firearms and Swords 

broadened the exceptions to the general ban on the possession of guns and swords.14 Thereafter, in 

addition for use in hunting, the possession of guns was permitted for the purpose of killing harmful 

animals rescue activities, and for fisheries.15 In 1955, the use of air 

guns and na 16

p

government license; 

 the sale of guns and explosives door-to-door or in outdoor markets was banned; 

 when it was deemed necessary for maintaining public security, the government 

could control the transfer, transport, and possession of guns and explosives; 

 the transfer of guns for military use was to be done only under government 

license; and 

 the transfer, transport, and possession of handguns, shotguns, rifles, and swords 

were authorized only with the approval of the chief of the appropriate police 

station 10

 Though the possession of guns by civilians were heavily regulated, it was possible for 

civilians to own guns, including handguns. This changed after the Second World War. Under the 

Allied Occupation, the Supreme Commander for the Allied Powers (SCAP) disarmed Japanese 

servicemen and issued several arms control directives in 1945 in order to safeguard against any 

possible danger that might arise from arms possessed by civilians.11 In 1946, the Japanese 

government issued the Imperial Ordinance Concerning the Prohibition of the Possession of Guns 

and Other Arms, which banned the possession of firearms and swords by private citizens in 

principle, though the possession of hunting guns and artistic swords was allowed under license.12 

 When most of the arms had been collected from the general public and the post

d

 and livestock, for emergency 

il guns was added to the uses permitted in the regulation. (Many accidents and 

 10 NAKASHIMA, supra note 5, at 16–17. 

 

11 Id. at 17–18. 

12 Imperial Ordinance Concerning the Prohibition of the Possession of Guns and Other Arms, Imperial 

Ordinance No. 300 of 1946 (June 3, 1946). 

13 SCAPIN-2099: Instructions on the Surrender of Arms by Japanese Civilians (May 29, 1950).

Information on the directive is available on the website of Japan’s National Diet Library, at 

http://iss.ndl.go.jp/books/R100000002-I000006849593-00 (last visited Jan. 2, 2013). 

14 Order Concerning Firearms and Swords, Cabinet Order No. 334 of 1950 (Nov. 15, 1950). This Order 

prevailed after the Peace Treaty came into force on April 28, 1952, by legislation (Law No. 13 of 1952). 

15 Id. art. 3. See NAKASHIMA, supra note 5, at 21. 

16 Law No. 51 of 1955 (July 4, 1955). 

The Law Library of Congress 119 
Firearms-Control Legislation and Policy 

crimes involving air guns had occurred in the late 1920s, and several youth organizations 

emanded air gun regulations because many of the accidents had involved youth.17) 

ment the government tried to prevent or reduce the use of guns and 

ords by gangs.

 provision making the 

nauthorized importing of guns a crime was added to the law in 1965.21 After an eighteen-yearpo o twenty years

of began to be regulated by a 2006 amendment.24 After five murders 

r restricted the possession of such guns.25

d

II. 1958 Law Controlling the Possession of Firearms and Swords

The 1950 Order was replaced by the Law Controlling the Possession of Firearms and 

Swords in 1958.18 There were some changes made to the regulations in the 1950 Order, but the 

general prohibition of possession of guns by civilians was not changed. One of the changes 

implemented in the 1958 Law was the prohibition in principle of carrying guns and swords, 

regardless of whether the carrier was licensed to own the gun or sword. Previous years had seen 

notable gang fights in which guns and swords were used. A National Police Agency officer 

estimated that half of the guns and swords used in such gang fights were licensed and the other half 

were not.19 With this amend

20 sw

The 1958 Law has frequently been amended following a public outcry after crimes or 

incidents involving guns, each amendment making the restrictions tighter. For example, when the 

police determined that most illegal guns were imported from abroad, a

u

old licensed to own two hunting rifles killed a police officer and went on a shooting spree against 

lice officers in 1965, the age for owning a hunting rifle was raised from eighteen t

old.22 After replica guns were used for crimes in the 1960s, including airplane hijacking, the 

possession of replica handguns that appear real was also prohibited.23 More recently, airsoft guns 

more than a certain power 

involving shotguns, a 2008 amendment furthe

17 NAKASHIMA, supra note 5, at 22. 

18 Law Controlling the Possession of Firearms and Swords, Law No. 6 of 1958 (Mar. 10, 1958). 

, No. 

aw No. 80 of 1966 (June 7, 1966). Statement of Yoshikazu Imatake, Minutes of Local Administration 

Committ . 

20, 1971). Statement of Takiichiro Hatsumura, Minutes of Local 

Administr Councillors, No. 7, 65th Diet Session (Mar. 2, 1971), at 8. 

19 Statement of Kunji Nakagawa, Minutes of Local Administration Committee, House of Councillors

3, 28th Diet Session (Feb. 11, 1958), at 3. 

20 Id. at 2. 

21 Law No. 47 of 1965 (Apr. 15, 1965). Statement of Hideo Ohtsu, Minutes of Local Administration 

Committee, House of Councillors, No. 4, 48th Diet Session (Feb. 9, 1965), at 4. 

22 L

ee, House of Councillors, No. 16, 51st Diet Session (Apr. 12, 1966), at 8

23 Law No. 48 of 1971 (Apr. 

ation Committee, House of 

24 Law No. 41 of 2006 (May 24, 2006). See Jigyō hyōkasho [Business Evaluation], National Safety 

Commission and National Police Agency (Mar. 2012), http://www.npa.go.jp/seisaku_hyoka/soumu/24juutouhouhyoukasyo.pdf. 

25 Law No. 86 of 2008. See Hōmu sōgō Kenkyūsho, Kaitei Juhō tōken rui shoji tō torishimari hō [Law 

Controlling the Possession of Firearms and Swords, Second Edition] 11–12 (2012). 

The Law Library of Congress 120 
Firearms-Control Legislation and Policy 

III. Possession and Use of Guns and Ammunition under the Current Law 

tc. Shoji means 

at an object is under the control of a person. It includes storing and carrying.28 The possession 

of guns and thei arts is str mited to law enforcement offici embe e Sel nse 

Force, other public officials, and person ve p f ov o 

use the c purp ch a s, ta oter s w pete in national 

or inter etition ms a rs, xp d un 

collecto 29 transfer, loan, a d b of th ar tri he 

term “g s law me s pistols, achine guns, hunting guns, other powder-charging 

firearms that for sho etal and w r sp y a 

Cabinet ce.31

o obtain permission to possess a gun, a person must file an application with the Public 

Safety or her 

possess nd the purpose of its use.32 The kind of gun permitted to be possessed is limited, 

depend

h or 

 s fesaving, slaughterhouses, fisheries, 

a

g h; and 

pistols and air pistols to be used in international athletic competitions when 

r ted by Cabinet order.33

testing or

 

The first article of the 1958 Law states that its aim is to provide control measures necessary 

to prevent danger and injury arising from shoji (possession) of guns, swords, e 26

27 th

r p ictly li als, m rs of th f-Defe

s who ha obtained ermission rom the g ernment t

m for a specifi

national comp

ose, su s hunter rget sho s, athlete ho com

s, firear

n

dealers, m nufacture

d

 firearm e orters, an

s

antique-g

30 rs. The 

uns” in thi

orrowing

rifles, m

 guns an eir parts e also re cted. T

an

 have a mechanism 

 Office Ordinan

oting m bullets, air guns ith powe ecified b

T

Commission of the prefecture where he or she lives specifying the gun to be in his

ion a

ing on the purpose of the possession. Among the guns included are 

 unting guns (rifles and shotguns) or air guns, excluding air pistols, to be used f

target shooting, hunting, or extermination of harmful birds and animals; 

pecial guns used in specific businesses, such as li

nd construction; 

 uns for testing or researc



ecommended by a person designa

Possession of handguns by civilians is not allowed except for researchers using them for 

 research. 

 

26 Law Controlling the Possession of Firearms and Swords, Law No. 6 of 1958 (Mar. 10, 1958), last

amended by Law No. 72 of 2011 (June 22, 2011), art. 1. 

[KEISHŪ] 1030. 

28 Tochigi Tsutomu and Nishida Masaki, Jūhō tōken rui shoji tō torishimari hō ihan jiken no shori ni 

kansuru j ds] 

6 of 1958 (Mar. 22, 1958), last amended by Cabinet Office Ordinance No. 

58 of 20

rms and Swords art. 4-2. 

27 Sup. Ct. Nov. 29, 1977, Case No. 1977 (a) 1069, 31-6 SAIKOŌ SAIBANSHO KEIJI HANREISHŪ

itsumu jō no shomondai [Practical Issues Dealing with Cases of Law Controlling Guns and Swor

46 (2000). 

29 Law Controlling the Possession of Firearms and Swords arts. 3 & 4. 

30 Id. arts. 3-4, 3-7, & 3-10. 

31 Id. art. 2, para. 1. Enforcement Ordinance of Law Controlling the Possession of Firearms and Swords, 

Prime Minister’s Office Ordinance No. 1

12 (Sept. 14, 2012), art. 3. 

32 Law Controlling the Possession of Firea

33 Id. art. 4, para. 1. 

The Law Library of Congress 121 
Firearms-Control Legislation and Policy 

As of 2011, the total number of guns permitted to be possessed by civilians in Japan was 

271,100

and 444

.

34 The numbers have shown an annual decline: 839,086 in 1980,35 533,251 in 1990,36

,210 in 2000.37 Details of the numbers for five recent years are as follows:38

Year 2007 2008 2009 2010 2011 

Total 361,402 339,560 319,289 292,766 271,100 

For Hunting Rifles 41,193 39,862 38,772 36,818 35,006 

Others 253,437 237,046 221,640 201,633 185,165 

Air Guns 33,331 31,759 30,527 28,198 26,612 

For 28,362 25,898 23,43

Construction 

9 21,022 19,170 

Other Guns 5,079 4,994 4,911 5,095 5,147 

Those disqualified from possessing a gun according to Article 5 of the Law include 

(1) a person less than 18 years of age (a talented athlete of age 14 years or over may 

be excepted); 

(2) a person who has declared bankruptcy and the restrictions have not been removed; 

(3) a person who has lost or may lose full mental ability through mental illness or 

(7–11) a person whose license was revoked and a specified period has not elapsed; 

t and five years have not elapsed 

er sentence was completed or remitted; 

 Law or a related law and a specified period has 

straining order; 

specified health problems, or who has dementia; 

(4) a person addicted to alcohol, narcotics, cannabis, opium, or stimulant drugs; 

(5) a feebleminded person; 

(6) a person without a fixed abode; 

(12) any person who has been sentenced to imprisonmen

since his or h

(13–14) a person who violated this

not elapsed; 

(15) a person who stalked another person and received a warning or re

34 NATIONAL POLICE AGENCY, KEISATSU HAKUSHO [POLICE WHITE PAPER] 2012, Statistic 2-

w. npa.go.jp/hakusyo/h24/toukei/01/2-37.xls

37, 

http://ww . 

35 NATIONAL POLICE AGENCY, KEISATSU HAKUSHO [POLICE WHITE PAPER] 1981, Statistic 6-2, http://www.

npa.go.jp/hakusyo/s56/s56s0602.html. 

36 NATIONAL POLICE AGENCY, KEISATSU HAKUSHO [POLICE WHITE PAPER] 1991, Statistic 5-5, http://www. 

npa.go.jp/hakusyo/h03/h03s0505.html. 

37 NATIONAL POLICE AGENCY, KEISATSU HAKUSHO [POLICE WHITE PAPER] 2001, Statistic 2-14, at 292, 

http:// www.npa.go.jp/hakusyo/h13/h130910.pdf. 

38 POLICE WHITE PAPER 2012, supra note 34, Statistic 2-37. 

The Law Library of Congress 122 
Firearms-Control Legislation and Policy 

(16) a person who behaved violently and received a restraining order under the Domestic 

Violence Prevention Law; 

(17) a person who is recognized by the [Public Safety] Commission as one who has 

committed vi len o t acts as a member of a group or repeatedly; and 

ion of 

 gun or sword. There are exceptions and additional restrictions. 

though obtaining a gun-possession permit the first time 

 cumbersome, it is not difficult if one follows the requisite steps.45 The applicant for the permit 

must submit thirteen attachments, including photos, a medical certificate, a copy of his or her 

family register, certificates of completion of classes, etc., to the prefecture’s Public Safety 

Commi igible person a permit certificate to 

 

(18) a person who can be reasonably expected to harm another’s life, body, or property, [be 

a threat to] public safety, or commit suicide.39 

In addition, if a relative, including a de facto spouse, living with an applicant can be 

reasonably expected to pose a threat to the life or property of other persons or to public safety by 

using a gun or sword, the prefecture’s Public Safety Commission may not permit the possess

40 a

In order to possess a hunting gun or air gun, one must attend classes, held by the 

prefecture’s Public Safety Commission, concerning the laws and regulations on possession of 

hunting or air guns and the methods of their use and safe storage.41 In addition, in order to prevent 

a person without the skills to handle a gun from obtaining one,42 the law requires an applicant for a 

gun-possession permit to take a skills test or complete shooting classes.43 In the case of a rifle, 

permission for possession is not granted unless the person is a professional hunter; will use it to 

exterminate harmful animals and birds for the protection of his business; or has had a permit to 

possess a hunting gun for more than ten years.44 

 According to gun-shop websites, al

is

ssion.46 The Public Safety Commission then gives an el

g the Possession of Firearms and Swords, Law No. 6 of 1958 (Mar. 10, 1958), last

amended b of 2011 (June 22, 2011), art. 5, para 1, items 1–18. 

paras. 1 & 2. 

i ni tsuite [Regarding the Skills Class], National Police Agency, Public Safety Dept., 

Choho N , http://www.npa.go.jp/jutoho/hoan20091118-04.pdf

39 Law Controllin

y Law No. 72

40 Id. art. 5, para. 5. 

41 Id. art. 5-2, para. 1; art. 5-3, 

42 Ginō kōshū no jissh

o. 152 (Nov. 18, 2009), at 1 . 

lling the Possession of Firearms and Swords, art. 5-2, para. 3, items 3 & 4; art. 5-4; art. 9-5. 

The details of t

Possession of Firearms and Swords art. 5-2, para. 4, item 1. 

め

43 Law Contro

he test are prescribed in the Regulation on Skills Test, Skills Class and Shooting Class, Public Safety 

Commission Regulation No. 8 of 1978, last amended by Regulation No. 10 of 2009. 

44 Law Controlling the 

45 Jūhō shoji ni tsuite [Regarding Possession of a Gun], GUN SHOP MIYAKO, http://miyako-gun.com/初

ての方-1/ (last visited Jan. 17, 2013); Jūhō shoji no hōhō [How to Possess a Gun], GUNSMITH TAKIDA HIROSHI, 

http:// www.gunsmith.jp/kyoka.html (last visited Jan. 17, 2013). 

46 Law Controlling the Possessi

g the Possession of Fir

on of Firearms and Swords art. 4-2; Enforcement Ordinance of Law 

Controllin earms and Swords, Prime Minister’s Office Ordinance No. 16 of 1958 (Mar. 22, 

1958), last amended by Cabinet Office Ordinance No. 58 of 2012 (Sept. 14, 2012), arts. 9–11. See also, Ryōjū

kūkiū no shoji kyoka tetuduki [Procedure for [Obtaining] Permission to Possess Hunting Guns and Air Guns], 

Metropolitan Police Dept., http://www.keishicho.metro.tokyo.jp/tetuzuki/gun/gun.htm (last visited Jan. 17, 2013). 

The Law Library of Congress 123 
Firearms-Control Legislation and Policy 

possess

n for the permitted purpose is prohibited. The carrying or transporting of a gun is, 

 principle, prohibited unless the possessor does so for the permitted use of the gun or other 

gitim

r older but younger than eighteen who is involved in competitive sportooting must store guns with a licensed person who has a gun-storage facility that meets the 

may, with prior notice to gun owners, conduct nationwide inspections of gun 

wners’ weapons and storage facilities.59 

 a firearm,47 which is valid for three years48 and can be renewed every three years.49 The 

permit becomes invalid, among other cases, when the person has been unable to take possession of 

the firearm within three months from the day the permit was granted or the person has lost 

possession of the firearm.50 

Once the permit has been obtained, there are other provisions to be followed. Discharging 

a gun other tha 51

in

le ate reason.52 When it is permitted, the possessor must cover the gun or put it in a case, and 

must not have bullets inside the gun.53 When the possessor carries or transports the gun, he or she 

must carry the permit with him or her, which is subject to police inspection upon request.54 

The person who has been authorized to possess a firearm must himself store it in a gun 

locker installed in accordance with the standards determined by the ordinance.55 A young person 

aged fourteen years o

sh

standards.56 The Prefecture’s Public Safety Commission may ask a person who stores guns about 

the storage situation at any time.57 When the Commission recognizes the need to inspect the 

storage situation of hunting guns, such as to inquire about the possibility of their being stolen, it 

has the local police conduct an on-site inspection, with prior notice to the person storing the 

gun(s).58 Further, under the authority of the Law Controlling the Possession of Firearms and 

Swords, the police 

o

47 Law Controlling the Possession of Firearms and Swords art. 7. 

52 Id. art. 10, para. 1. 

(Mar. 22, 1958), last amended by Cabinet Office Ordinance No. 58 of 

2012 (Se

ms and Swords art. 10-5; Enforcement Ordinance of Law 

Controll

on of Firearms and Swords art. 10-6, para. 1. 

See “17 man nin/30 man chō sōtenken” hōkokusho [Report on “The Comprehensive 

Inspection people/300,000 Guns”], “Comprehensive Inspection on Gun Administration” Project Team, 

National

48 Id. art. 7-2. 

49 Id. art. 7-3. 

50 Id. art. 8, para. 1. 

51 Id. arts. 3-13, 10, para. 2. 

53 Id. art. 10, paras. 4 & 5. 

54 Id. art. 24. 

55 Id. art. 10-4; Enforcement Ordinance of Law Controlling the Possession of Firearms and Swords, Prime 

Minister’s Office Ordinance No. 16 of 1958

pt. 14, 2012), art. 84. 

56 Law Controlling the Possession of Firear

ing the Possession of Firearms and Swords art. 84. 

57 Law Controlling the Possessi

58 Id. art. 10-6, para. 2. 

59 Id. art. 13. 

 of “170,000

 Police Agency (Apr. 3, 2008), http://www.npa.go.jp/safetylife/seikan48/siryou.pdf. 

The Law Library of Congress 124 
Firearms-Control Legislation and Policy 

According to the Law, ammunition must be kept in a separate locked safe.60 To buy 

ammunition, a separate permit from the Public Safety Commission is required under the 

Gunpowder and Explosives Control Law61 unless the transaction is for three hundred (fifty in t

62

he 

ase of rifle bullets) or fewer bullets. Hunters cannot store more than eight hundred bullets.63 

for obtaining ammunition-purchase permits was tightened after the 2007 Sasebo 

hooting. The applicant for a bullet-purchase permit is currently required to submit a “plan for 

ullet u

gun and he or she may be a threat to the life or 

roperty of other persons or to the public peace, judging from unusual behavior or the attendant 

circum erson to produce the gun for inspection.66 When 

the pol

possess

illegally po

ident that disturbs the public peace, a Public Safety 

Commission may prohibit or lim

permit 

der o bmit their guns provisionally and may keep them until the

otice expires. The notice must be approved by the prefecture parliament within seven days from 

c

The procedure 

64 s

b se.”65

The Police have broad authority to supervise gun possession. When there is reasonable 

suspicion that a person is carrying or transporting a 

p

stances, a police official may compel the p

ice deem it necessary, they may withhold the gun.67 The gun will be returned to the original 

or within five days from the time of its surrender to the police unless the police find it was 

ssessed.68

At the time of a disaster or an inc

it the delivery, transport, or carrying of firearms for which a 

has been obtained, for a limited area and period, by issuing a notice. The Commission may 

even or gun holders in the area t su

n

the day of notice.69

Quasi guns and gun-related accessories are also regulated. As briefly mentioned above, 

possession of airsoft guns are prohibited, except by certain public officials, if the bullet kinetic 

energy of the gun exceeds 3.4/cm2

.

70 Even certain imitation models are banned. Except for 

60 Id. art. 10-4, paras. 3 & 4. 

61 Gunpowder and Explosives Control Law, Law No. 149, May 4, 1950, last amended by Law No. 121 of 

1999, art. 17, para. 1 & art. 50-2. 

62 Id. art. 17, para 1, item 3; Ordinance on the Transfer, Import, and Sales of Bullets for Hunting Guns, 

Prime Minister’s Office Ordinance No. 46 of 1966, last amended by Cabinet Office Ordinance No. 68 of 2009, 

art. 4. 

ent Regulation of Gunpowder and 

Explosiv Ministry of International Trade and Industry Ordinance No. 88 of 1950, last amended by

Ministry o ade and Industry Ordinance No. 39 of 2012, art. 15, para. 1(8). 

63 Gunpowder and Explosives Control Law art. 11, para. 1; Enforcem

es Control Law,

f Economy, Tr

64 Philip Brasor, Japan Faces Up to a World of Gun Crime, THE JAPAN TIMES (Dec. 23, 2007), http://www. 

japantimes.co.jp/text/fd20071223pb.html. 

65 Jitsudan no kōnyū hōkoku genkakuka e [Report on the Stricter Purchase of Bullets], YOMIURI 

NEWSPA 2008) (on file with author). 

e Possession of Firearms and Swords art. 24-2, para. 1. 

1-3; Enforcement Ordinance of Law Controlling the Possession of Firearms and Swords art. 100. 

PER (Mar. 28, 

66 Law Controlling th

67 Id. art. 24-2, para. 2. 

68 Id. art. 24-2, paras. 6–8. 

69 Id. art. 26. 

70 Id. art. 2

The Law Library of Congress 125 
Firearms-Control Legislation and Policy 

manufacturers or exporters, possession of a metal imitation pistol that has a shape bearing a 

marked resemblance to a real pistol is prohibited.71 The possession of certain gun silencers, 

magazines, and barrels is also prohibited even when a person has permission to possess a gun.72

IV. Hunting

To hunt animals with a gun, a person must obtain a hunting license from the prefecture 

governor, along with a permit to possess a gun. Hunting licenses are prescribed under the Wildlife 

Protection and Hunting Law and are under the jurisdiction of the Ministry of Environment.73 A 

hunting license may not be issued to a person who 

(1) is younger than twenty years of age; 

(2) may lose or has lost full mental ability through mental illness or specified 

health problems; 

(3) is addicted to narcotics, cannabis, opium, or stimulant drugs; 

(4) is feebleminded; or 

(5) has violated the Hunting Law and has received and completed a certain penalty within 

prefectures where they hunt, and pay a registration fee and hunting tax.77 To be registered, proof 

of accid

generally de y

the previous three years.74 

A person must also pass a test to be licensed.75 A hunting license expires after three years, 

and is renewable upon passing the suitability test.76

In addition to obtaining a hunting license, hunters must register themselves with the 

ent insurance that covers hunting accidents is also required. The Greater Japan Hunters’

Association provides such insurance.78

The numbers of licensed hunters in Japan, including those using snares and guns, is 

creasing, while their average age is increasing. As of 2010, there were approximatel

ōjū no hogo oyobi shuryō no tekiseika ni kansuru hōritsu [Wildlife Protection and Hunting Law], Law 

75

71 Law Controlling the Possession of Firearms and Swords art. 22-2. 

72 Id. art. 10-7. 

73 Ch

No. 88 of 2002, last amended by Law No. 67 of 2006. 

74 Id. art. 40. 

Id. art. 41. 

76 Id. arts. 44 & 51. 

77 See Hunter Registration Information, FUKUOKA PREFECTURE, http://www.pref.fukuoka.lg.jp/d05/ 

syuryousya-touroku.html (in Japanese; last visited Jan. 22, 2013). 

78 2012 nen, 

YŪKAI [GREATER 

kyōsai jigyōkara kyōsai hoken e [From Mutual Aid Program to Mutual Aid Insurance], DAI 

NIHON RYŌ JAPAN HUNTERS’ ASSOCIATION], http://www.moriniikou.jp/index.php?itemid=694& 

catid=8&catid=8. 

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Firearms-Control Legislation and Policy 

79 In 1980, 

approximately 450,000 hunting licenses were issued. Most of them were for hunting with guns. 

ecently, the number has been below 300,000, approximately 40% of whom hunt with snares.80

The declining number of hunters has become an issue as damage to farms and fisheries 

caused 

and Anima

Ministry of MAFF). One of the measures to prevent damage 

caused 

Contro

complained take skills classes that include a 

shootin

test and thr

and animal 10.84 Accordingly, the Diet in 2012 amended the Special Measures 

Law to nimals to Agriculture and Fisheries,85 so that hunters who 

renew their gun posse mber 2014 are exempted from the skills classes.86

. Con

h

m the METI for each factory or workplace.89 To qualify, an applicant must 

R

by wild animals has increased. The Special Measures Law to Prevent Damage by Birds 

ls to Agriculture and Fisheries81 was enacted in 2007, under the jurisdiction of the 

 Agriculture, Forestry, and Fisheries (

by wild animals was to support hunters.82 After the 2008 amendment of the Law 

lling the Possession of Firearms and Swords was implemented, many licensed hunters 

 that they were obligated by the amendment to

g test.83 Many of them, who were elderly and experienced, did not like the newly added 

eatened not to renew their licenses. Meanwhile, the damage caused to farms by birds 

s increased in 20

 Prevent Damage by Birds and A

ssion permits by Dece

V trol of Gun Manufacturers and Dealers 

The manufacture and sale of guns are regulated by the Weapons Manufacture Law and are 

under the jurisdiction of the Minister of Economy, Trade, and Industry.87 The term “weapons” in 

this law includes explosives and firearms, such as pistols, rifles, hunting guns, bullets, and 

cartridges.88 Any person intending to engage in t e business of manufacturing weapons must 

obtain a permit fro

79

nviron

 Nenrei betsu shuryo menkyo shojisha sū [Numbers of Licensed Hunters by Age Group], Ministry of the 

E ment, http://www.env.go.jp/nature/choju/docs/docs4/menkyo.pdf (last visited Jan. 17, 2013). 

80 III Hokaku ni kansuru tōkei shiryō shūkei [Statistics on Hunting], Ministry of the Environment, at 84, 

http:// www.env.go.jp/nature/choju/capture/pdf/d1.pdf (last visited Jan. 22, 2013). 

81 Special Measures Law to Prevent Damage by Birds and Animals to Agriculture and Fisheries, Law No. 

134 of 2007. 

82 Id. arts. 9 & 16. 

83 Ryōjū tō o shoji shite iru minasan e [For People Who Possess Hunting Guns], POLICE HEADQUARTERS 

OF KYOTO PREFECTURE, http://www.pref.kyoto.jp/fukei/site/seiki_j/jutoho/img/minasanhe.pdf (last visited Jan. 

22, 2013). 

84 Sankō shiryō [Reference], MAFF, http://www.maff.go.jp/j/seisan/tyozyu/higai/pdf/sankou.pdf (last 

visited J 13). 

 of 2012. 

ttached to Special Measures Law to Prevent Damage by Birds and Animals to Agriculture 

and Fish

 Buki tō seizō hō [Weapons Manufacture Law], Law No. 145, Aug. 1, 1953, last amended by Law No. 

120 of 2

88

an. 22, 20

85 Law No. 10

86 Provisions a

eries, Law No. 134 of 2007, art. 3, amended by Law No. 10 of 2012. 

87

007. 

Id. art. 2. 

89 Id. art. 3. 

The Law Library of Congress 127 
Firearms-Control Legislation and Policy 

meet, among other things, the standards for facilities for the manufacture and safe storage of 

weapons as set forth in ministerial ordinances.90

Permits may be denied to 

(1) a person who has been fined or given a more severe punishment on account of violating 

r for violating other laws and regulations within the 

last three years; 

ness to sell hunting guns must obtain a 

ermit from the prefectural governor. Bullets, cartridges, and blank cartridges are also subject to 

ber of offenses relating to guns that are prescribed in the Law Controlling 

rms and Swords and that are separate from offenses committed using a 

.

95 This punishment was established in 1995 to protect the general public by 

ghts in public places by gang members.96 After the mayor of Nagasaki 

the Weapons Manufacture Law, where three years have not elapsed since his or her 

sentence was completed or remitted; 

(2) a person with respect to whom three years have not elapsed since the day his or her 

permission to manufacture weapons was revoked; 

(3) any person deemed unqualified to be a manufacturer because of a fine or more severe 

punishment imposed on him or he

(4) an incompetent person; and 

(5) a business that has one of the aforementioned persons among its executive members.91

A person who intends to engage in the business of manufacturing hunting guns is also 

required to obtain a permit from the prefectural governor having jurisdiction over the factory or the 

workplace.92 Any person who intends to operate a busi

93 p

the Gunpowder and Explosives Control Law,94 which includes regulations on storage 

and transportation. 

VI. Offenses and Penalties

There are a num

the Possession of Firea

gun, such as murder. The most severe penalty under the Gun Control Law is for the act of 

discharging a gun in a train, on a bus, or at a place used by large numbers of “unspecified” people. 

Such an act is punishable by penal servitude for a definite term of three years or more or for an 

indefinite term

severely punishing gun fi

90 Id. art. 5. 

91 Id. 

92 Id. art. 17. 

93 Id. art. 19. 

94 Gunpowder and Explosives Control Law, Law No. 149, May 4, 1950, last amended by Law No. 121 

of 1999. 

95 Id. art. 31, para. 1. 

96 Nishi, Hasshazai towa [What Is Crime of Discharging], YOMIURI ONLINE (Aug. 30, 1995), http://plus.

yomiuri.co.jp/article/words/%E7%99%BA%E5%B0%84%E7%BD%AA. 

The Law Library of Congress 128 
Firearms-Control Legislation and Policy 

City was shot to death by a gang member,97 provisions were added to make the punishment even 

more severe. If the discharging of a gun is part of an activity of a group or organization, or is done 

to keep or gain advantage or profit for a group, the act is punishable by penal servitude for a 

definite term of five years or more or for an indefinite term and a fine not to exceed 30 million yen 

000).98

Any person who illegally possesses a gun is subject to a punishment of penal servitude for 

one year e, t e y I o a ss m a un, 

the penalty goes up to a ma um ishm of penal se de ifte ear any violator 

f the above provisions also carries, transports, or stores live cartridges, metal bullets, or 

explosives e increased to penal servitude for three r 99 e arging 

of a gun is part of an activ of a up rganization, or is d to k or advantage or 

rofit for a group, the penalty is increased.

ny person who transfers, lends, or borrows handguns is subject to 

enal servitude for one year or more, but not to exceed ten years. Any person who commits these 

o make a profit is punishable by penal servitude for not less than three years and a 

lion yen (about US$113,000).102

minal cases involving the shooting of guns has declined over the last 

ten years. In 2001, the number was more than two hundred, but in 2010 the number was less 

than fifty.104

 

(about US$340,

or mor but no to exc ed ten ears. f a pers n illeg lly po esses ore th n one g

xim pun ent rvitu for f en y s. If

o

, the p nalty is years o more. If th disch

ity gro or o

100

one eep gain

p

Any person who illegally imports firearms is punishable by penal servitude for not less 

than three years. Any person who imports firearms in order to make a profit is subject to penal 

servitude for a term ranging from not less than five years to life and a fine not to exceed 30 million 

yen (about US$340,000).101 A

p

crimes in order t

fine not to exceed 10 mil

Under the Weapons Manufacture Law, any person who illegally manufactures firearms is 

subject to penal servitude for three years or more. Any person who commits this crime in order to 

make a profit is subject to penal servitude for five years or more and a fine not to exceed 30 million 

yen (about US$340,000).103 

VII. Crime Statistics

 The total number of cri

r of Nagasaki Mayor Linked to Japanese Gang, THE NEW YORK TIMES (Apr. 18, 

2007), ht

97 Martin Fackler, Kille

tp://www.nytimes.com/2007/04/18/world/asia/18iht-japan.4.5340098.html?_r=0. 

98 Law Controlling the Possession of Firearms and Swords art. 31, paras. 2 & 3. 

. 3 & 4. 

f 2007, art. 31. 

8/ 

99 Id. art. 31-3, paras. 1 & 2. 

100 Id. art. 31-3, paras

101 Id. art 31-2, paras. 1 & 2. 

102 Id. art. 31-4, paras 1 & 2. 

103 Weapons Manufacture Law, Law No. 145, Aug. 1, 1953, last amended by Law No. 120 o

104 MINISTRY OF JUSTICE, WHITEPAPER ON CRIME 2011, Chart 4-2-2-4, http://hakusyo1.moj.go.jp/jp/5

nfm/n_ 58_2_4_2_2_2.html. 

The Law Library of Congress 129 
Firearms-Control Legislation and Policy 

The number of criminal cases involving handguns has also declined over the last ten years. 

 2001, the number was eighty, but by 2010 the number was down to twenty. The number of 

imina

In

cr l cases involving guns other than handguns has not changed. In 2010, the number 

was twenty-six.105

The following table shows the number of victims who were shot to death in recent years:106

Year 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 

No. 31 21 30 38 34 17 22 19 28 23 

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

39 24 35 17 10 2 21 10 4 11 8 

The crime rate in Japan is low compared with other countries. For example, according to 

pan’s 2011 White Paper on Crime, murder ratios in 2010 were 0.9 per 100,000 people in Japan, 

.8 in France, 2.7 in Germany, 2.1 in the United Kingdom, and 4.8 in the United States. The 

 were 1,103 in Japan, 1,746 in France, 2,218 in Germany, 1,167 in the 

S.107

III. Suicides

Japan’s suicide mortality rate is very high among OECD countries.108 However, the rate of 

suicides by gun is quite low in Japan because guns are not easily accessible. Guns are not among 

the six major methods of committing suicide in Japan, which include hanging, leaping to one’s 

death, and inhaling carbon monoxide.109 Among police officers, there were fifty-four suicides 

committed using handguns between 1997 and 2007.110 Many people who participate in online 

discussions on the issue of suicides have claimed that there might be more suicides if Japanese 

were able to possess handguns more freely. However, no credible research or studies have been 

done on this point. 

Ja

2

numbers of murders in 2010

UK, and 14,748 in the U.

V

105 Id., Chart 4-2-2-5. 

106 Numbers were taken from each year’s White Paper on Crime, available at http://hakusyo1.moj.go.jp/ 

jp/nendo_nfm.html. 

107 WHITEPAPER ON CRIME 2011, supra note 104, Chart 1-4-2-1, http://hakusyo1.moj.go.jp/jp/59/ 

nfm/n_59_2_ 1_4_2_0.html. 

108 “Suicide,” in OECD, HEALTH AT A GLANCE 2011: OECD INDICATORS 35, http://www.oecd-ilibrary.org/ 

social-issues-migration-health/health-at-a-glance-2011/suicide_health_glance-2011-9-en. 

109 Jisatsu shibō tōkei no gaikyō [Summary of Suicide Statistics], Ministry of Health, Labour and Welfare, 

§ 7, http://www.mhlw.go.jp/toukei/saikin/hw/jinkou/tokusyu/suicide04/ (last visited Jan. 22, 2013).

es This Year], ASAHI NEWSPAPER (Nov. 15, 2008) (on file with author). 

110 Kenji Ogata, Keikan no kenjū jisatsu, Kotoshi sudeni 9nin [Police Officer Suicides by Handguns, 

Already 9 Cas

The Law Library of Congress 130 
Firearms-Control Legislation and Policy 

The Law Library of Congress 131 

Many civilians in Japan have never seen a gun in their lives. They are not familiar with 

guns.

111 It appears there is no demand am to relax gun control. Textbooks on the 

Law Controlling the Possession of Firearms and Swords simply state that the reason for the 

restrictions on gun rotect the safety 

of people, the possession and use of guns must be restricted. There is no further discussion of 

why guns must be controlled. Even mino d incidents that do not actually endanger 

other people can make the national news. For example, a national newspaper reported that a senior 

policeman forg ged a 

bullet w all of 

the ro g an 

internal

repared by Sayuri Umeda 

IX. Perception

ong Japanese

s is that they are inherently dangerous to people; therefore, to p

112

r gun-relate

ot to remove one of the five bullets in his handgun and accidently dischar

hile examining the gun in a gun storage room before returning it. The bullet hit the w

om; no one was hurt, but the policeman will be punished for violatin

 regulation.113

P

Foreign Law Specialist 

are many private websites and blogs that state that people in Japan are not familiar with guns or 

 touched a gun. For example, one blogger on Yahoo Japan’s Q&A website asked how he could 

touch a real gun for once, http://detail.chiebukuro.yahoo.co.jp/qa/question_detail/q1228937752

111 There 

have never seen or

 (in Japanese; last 

visited Ja

e 25, at 1. 

 nukiwasureta ... [Forgot to Take Out a Bullet ...], YOMIURI NEWSPAPER , Jan. 22, 2013 (on file 

with auth

n. 29, 2012). Many recommended going to a shooting range abroad. Id.

112 E.g., HŌMU SŌGŌ KENKYŪSHO, supra not

113 Jitsudan

or). 
LEBANON 

for the existence on its territory of 

perating outside any legal framework. 

59, which has been amended from time to time 

ent, weapons, and ammunition intended 

se in war on land, in sea, or in air which are or will become a part of the 

 of the armed forces of every country; this weaponry includes those which 

are no longer in use but which could still be used only militarily and not for any

 category consists of weapons and ammunition not intended for use by 

. 

. Classification of Weaponry into Nine Types 

ime 

FIREARMS-CONTROL LEGISLATION AND POLICY 

Summary

There is no legal right under Lebanese law for anyone on Lebanese 

territory to bear arms. The government has wide latitude and discretion under 

the provisions of the Weapons and Ammunition Law to grant or refuse permits for

the manufacturing, trading in, possession, and carrying of weapons and 

ammunition. However, Lebanon is notorious 

several armed groups o

I. Major Categories of Weaponry 

The control of firearms in Lebanon is regulated by the Weapons and Ammunition Law, 

issued by a legislative decree dating back to 19

1 since that date. According to this law, military equipment, weapons, ammunition, and 

explosives are divided into three categories:2

 The first category consists of military equipm

for u

weaponry

other purposes.

 The second

the military

 The third category consists of explosives, gunpowder, and their accessories.

II

The law classifies all weaponry into the following types, which facilitate the legal reg

applicable to each one:3

 

1

 Legislative Decree 137 of 12 June 1959 (Weapons and Ammunition Law), QAWANIN LUBNAN: M

RI’IYAH WA’AL-TANZIMIYAH.

AJMU’AT 

.

3 Id. art. 2. 

AL’NUSUS AL-TASH

2 Id. art. 1

The Law Library of Congress 132 
Firearms-Control Legislation and Policy 

mponents; 

canons of all kinds, measurements, and calibers including those made 

for aircraft and all of their components and parts; 

ry mentioned in A, B, and C; 

 and land or sea mines of all kinds including any equipment related 

to them; and 

s and submarines; 

es for submarines; 

ft including balloons and their parts and guns; and 

red parts used for the manufacturing of the 

ove. 

Third Type

 Gear intended to protect against attacks, including protective clothing and masks. 

 

s and ammunition that are not considered military weaponry, but could be used 

militari

ns that can use the ammunition of military weapons referred to above and 

ribbed arms of all measurements and calibers; 

D. All ammunition used in military weapons including certain hunting cartridges; and 

E. Bayonets, swords, and spears, excluding those referred to in the seventh type. 

 

First Type 

A. Guns of all measurements and calibers with all their components intended for 

military use; 

B. Machine guns of all kinds, measurement and calibers, and all their co

C. Long and short 

D. All kinds of ammunition made to be used by the weapon

E. Bombs, torpedoes,

F. All equipment related to military operations such as those made to attack airplanes 

and boats or to locate them. 

Second Type 

A. Combat vehicles, tanks, armored cars, and similar weaponry; 

B. Naval vessels of all kinds, including aircraft carrier

C. Water microscop

D. All kinds of combat aircra

E. Bases, yards, and armored or non-armo

weaponry mentioned in A, B, and D ab

 

Fourth Type 

 

 Weapon

ly, consisting of: 

A. All kinds of pistols; 

B. All kinds of ammunition for these pistols and all parts and components related to 

these pistols; 

C. Weapo

The Law Library of Congress 133 
Firearms-Control Legislation and Policy 

Fifth Type 

 Firearms and ammunition of all calibers intended for hunting, which are not mentioned in 

e previous types and do not constitute a part of the weapons and ammunition referred to in 

apons that fire by pressure without gunpowder. 

eapons 

ragraph C of the fourth type. 

Prohibited weapons, consisting of those not mentioned in the previous types and in 

Ninth Type 

d 

Firearms control in Lebanon is subject to two fundamental principles: (1) there is no 

e government has wide latitude and discretion in 

to acquire, possess, or transport weapons or ammunition of types 1 

de ufacturing and trading of these items in accordance with the 

transpo n the scope of their duties in accordance with military laws 

 

th

paragraphs C and D of the fourth type and all handguns with particular barrels. 

 Sixth Type 

 Training we

Seventh Type 

 Antique and souvenir weaponry provided it is not usable and is not a part of the w

referred to in pa

 Eighth Type 

particular: daggers, knives, brass knuckles, and similar items. 

A. All kinds of gunpowder; 

B. All kinds of dynamite explosives; an

C. All kinds of explosive accessories and devices. 

III. Permits to Possess and Carry Firearms 

constitutional right to bear arms; and (2) th

granting permits to possess and carry firearms. 

 

No one is permitted 

and 2, except in case of security disturbances or in the cases provided for in Chapter II of the 

cree related to the man

requirements provided therein. The permit is issued by the Minister of National Defense. 

Members of the Lebanese military forces, the gendarmerie, and the police are allowed to 

rt such items withi

and regulations.4

 

4 Id. art. 25. 

The Law Library of Congress 134 
Firearms-Control Legislation and Policy 

No person is allowed to carry or possess on the Lebanese territory any weapons or 

ammunition of type 4 except if he holds a permit issued by the army command. Such permits are 

iven for one year and can be renewed.5

ons are personal, given only once, and do not expire 

xcept by death or the loss of its holder of any of the qualifications required by the 

legislat

to transfer or sell his permit, with or without 

ompensation, unless the buyer has an authorization allowing him to do so. The permit holder 

and the identification papers 

rve in lieu of a permit. 

No permits to carry or possess weapons of any types shall be issued except to people who 

nting weapons can be issued to those 

who are sixteen years old under the responsibility of their guardians. Permits can be issued 

provide

n ed to deprivation of his civil rights or convicted of a heinous 

een sentenced for carrying weapons or convicted of offenses against the 

security of state; 

t, if a foreigner, been subject to a decision of revocation of residence or 

 been repeatedly convicted for violating this legislative decree.9

 

g

 The kaemaqam (the highest official in the qada, the smallest administrative district in the 

country) has the right to issue permits relating to hunting weapons referred to in type 5. The 

permits to carry and possess type 5 weap

e

ive decree. 

No permit can be issued for the possession and carrying of more than two weapons of 

type 4. Weapons of type 5 and their ammunition are not subject to this restriction. No hunting 

permits shall be issued except to those who hold permits to carry and possess weapons.6

 

No permit holder has the right 

c

must show his permit to any public authority officer upon request.7

 Possession and carriage of weapons of type 6 are allowed 

se

 Persons are permitted to acquire but not carry weapons of types 7 and 8. Permits for 

carrying such weapons are not issued under any circumstances, except for knives imported 

specifically for the use of scout organizations.8

are at least eighteen years old. However, permits for hu

d that the applicant: 

1. Has not suffered a mental illness; 

2. Has not been sente c

felony or crime; 

3. Has not b

4. Has no

deportation; and 

5. Has not

5 Id. art. 24. 

6 Id. art. 28. 

7 Id. art. 30. 

8 Id. art. 27. 

9 Id. art. 29. 

The Law Library of Congress 135 
Firearms-Control Legislation and Policy 

The permit shall be withdrawn from any person who fails to meet any of 

mits for hunting weapons, the Ministry of National Defense has the 

time a permit or stop its effects, based on reports of relevant 

rawn the weapon shall be confiscated 

 give anyone equipment, weapons, or ammunition 

ed person is duly authorized to acquire them. The 

au

tem

sea person 

efore the latter obtains the final permit.

nder his permit.

ons and Ammunitions Law for which no specific penalty has 

been assigned.

o natural or legal person on the Lebanese territory can be involved in commercial or

industr

o obtain this permit, the person concerned must submit an application to the Ministry of

Interior

these requirements.10

Apart from per

authority to withdraw at any 

authorities or public security needs. If the permit is withd

and the permit fee shall not be returned.11

No trader or manufacturer is allowed to

of types 1 to 4 before making sure the concern

person acquiring these items must have a temporary permit stating the number of items he is 

thorized to obtain. The shop owner or manufacturer must inscribe in the specified place on the 

porary permit the information related to the items to be sold, sign it, and stamp it with the 

l of his commercial enterprise. He shall not deliver the items sold to the concerned

12 b

Any person who loses weapons or ammunition in his possession is required to notify the 

nearest office of gendarmerie, police, or general security, explain the circumstances surrounding 

the loss, give all pertinent information, and surre 13

Carrying a weapon without the relevant permit constitutes a criminal offense punishable 

by imprisonment from six months to two years for weapons of the first four types,14 up to six 

months for weapons of the fifth, seventh, and eighth types,15 and from one to six months for any 

violation of the Weap

16

IV. Permits to Manufacture and Trade in Weaponry

N

ial activities of any kind related to equipment, weapons, and ammunition of any type 

without obtaining a bona fide permit issued by decree on the recommendation of the Ministers of 

Interior and National Defense.17

T

 stating their 

10 Id. art. 31. 

11 Id. art. 32. 

12 Id. art. 37.

13 Id. art. 39.

14 Id. art 72. 

15 Id. art 73. 

16 Id. art 78. 

17 Id. art. 3. 

The Law Library of Congress 136 
Firearms-Control Legislation and Policy 

 full name, date and place of birth, and identification card number; 

 nationality; 

 place of residency; 

 occupation (weapons manufacturer or dealer); 

 registration number with the Chamber of Commerce; 

re or factory; and 

t of the police record of each of the 

ersons mentioned in the preceding paragraph and a certificate of good conduct given by the 

ommander of the gendarmerie or the police commissioner in the district where the person 

oncerned resided during the last six months.18

ealer permits that relate to the first five types of weaponry and 

xplosives can be issued until the Ministry of National Defense has verified that the enterprise 

eets all technical qualifications required to insure the safety of peoples and 

eighboring buildings.19

Furthermore, no permit can be issued except to Lebanese citizens who have reached the 

age of twenty-one years, are free from mental illness, have not been prohibited by court order 

from carrying weapons, and have not been convicted of state security offenses.20

The holder of the permit must inform the Ministries of Interior and National Defense of 

any changes that occur during the lifetime of the permit, including changes concerning the 

company by-laws and its board of directors, the relocation of the premises, the stoppage of 

operations, and any changes in the equipment produced or traded.21 

The permit may be issued for a maximum of five years and may be renewed for the same 

period. The permit will become void if its holder does not start the work in accordance with its 

terms within one year from the date of issuance.22 The permit may be withdrawn immediately if 

any of the conditions of its issuance are no longer present.23 Even where there is no fault on the 

 

 address of the sto

 how the firearm is to be used, whether by a person or a company. In the latter case, 

the type of company, the commercial name, the names of the partners, directors, and 

heads of operations, agents, employees and, if it is a joint-stock company, the names 

of the Board of Directors and its members and their addresses must be stated. 

The application must be accompanied by an extrac

p

c

c

No manufacturing or d

e

m

n

18 Id. art. 4. 

19 Id. art. 6. 

20 Id. art. 7. 

21 Id. art. 8. 

22 Id. art. 9. 

23 Id. art. 10. 

The Law Library of Congress 137 
Firearms-Control Legislation and Policy 

The Law Library of Congress 138 

er, the Ministry of Interior or National Defense may withdraw the permit at any 

me for exceptional reasons or for public safety considerations. In such circumstances, raw 

materials, products, and equipment that are not suitable for any purpose other than the 

manufacturing of weapons and ammunition shall be confiscated to the benefit of the army, with 

fair compensation determined by a technical ommittee of four members appointed by the 

Ministry of Natio cisions made by 

this committee are subject to review by courts wi h jurisdiction to decide administrative cases.24

V. Illegal Armed Groups 

le the 

permits h, for 

the last legal 

framew ledge, 

prompt g and 

disarma

Prepare

Senior 

part of its hold

ti

c

nal Defense and one expert chosen by the permit holder. De

t

While the law in Lebanon does not provide for a legal right to bear arms, and whi

 to possess and carry weapons are granted at the discretion of the executive branc

 few decades Lebanon has been home to several armed groups operating outside any 

ork or official government acquiescence. This situation, which is public know

ed the United Nations Security Council in 2004 to officially call for the disbandin

ment of all Lebanese and non-Lebanese militias.25 

d by Issam M. Saliba 

Foreign Law Specialist 

24 Id. art. 11. 

25 S.C. Res. 1559, U.N. Doc. S/RES/1559 (Sept. 2, 2004), http://www.un.org/ga/search/view_doc.asp? 

symbol=S/RES/1559(2004). 
MEXICO 

Summary 

The right to bear arms in Mexico is granted in the Constitution. This right 

specific requirements must be met. Applicants for licenses to carry weapons are 

 Licenses may be 

suspended or cancelled by the Secretariat of National Defense in certain 

rs 

of licenses are restricted from carrying their firearms at or during specified 

w on Firearms and 

Explosives imposes restrictions on the manufacture, import, and export of 

fire

penalties for the smuggling of arms reser

Me tions on 

the Use of Certain Conventional Weapons. 

I. Intr

ell as legislation prescribing the limits on that right. Article 10 of the 

Constit

possess arms 

FIREARMS-CONTROL LEGISLATION AND POLICY 

has been extensively regulated by the Federal Penal Code, the Federal Law on 

Firearms and Explosives (which greatly expands the provisions of the Federal 

Penal Code), and the Regulations of the Federal Law on Firearms and 

Explosives. The Federal Penal Code specifies the types of firearms that may be 

possessed or carried by citizens and restricts others for use by the armed forces. 

The carrying of firearms requires an individual or collective license, for which 

generally required to post a bond, provide a justification for the weapon, and 

submit evidence of good conduct, among other things.

circumstances, typically having to do with the license holder’s conduct. Holde

public events, with certain exceptions for rodeos and gun-related events, or at any 

gathering where disputes are predictable. The Federal La

arms, and adds a long list of penalties for violations of its provisions to 

supplement those provided by the Federal Penal Code. The Law imposes stiff 

ved exclusively for the armed forces. 

xico is a party to the Geneva Convention on Prohibitions or Restric

oduction 

Like the United States, Mexico has a constitutional provision granting its citizens the 

right to bear arms, as w

ution reads as follows: 

Article 10. The inhabitants of the United Mexican States have the right to 

in their homes for their security and legitimate defense with the exception of those 

[weapons] prohibited by federal law and those reserved for the exclusive use of the 

Army, Navy, Air Force, and National Guard. Federal law shall determine the cases, 

conditions, requirements and places [under and] in which the inhabitants may be 

authorized to bear arms.1 

1

 Constitución Política de los Estados Unidos Mexicanos, as amended, DIARIO OFICIAL DE LA FEDERACIÓN 

[D.O.], Feb. 5, 1917, errata, D.O., Feb. 6, 1917. 

The Law Library of Congress 139 
Firearms-Control Legislation and Policy 

The emented and regulated by the 

Federal Pe s, as 

amende y be 

applicable. 

ct to the 

Mexico’s 

rearm 6

Art e 160 

provide rpose, 

instrum ), and which have no application for work or 

for recreati to 360 days 

of the gui cated. These crimes are 

punishable es. 

ay carry 

required to carry or sell pistols or revolvers. 

I.- Whoever imports, manufacturers, or sells the weapons described in article 160; or 

 above fundamental right has been extensively impl

nal Code,2

 as amended, and the Federal Law on Firearms and Explosive

d,3 and its Regulations.4 Additionally, penal laws of the several states ma

The carrying of firearms by certain government employees is also subje

egulations of the government ministries that employ them.5 r Treaties play a role in 

fi s restrictions, although largely in regard to the selection of weapons for the military.

II. The Federal Penal Code: Prohibited Weapons 

icles 160–163 of the Federal Penal Code deal with prohibited weapons. Articl

s that persons who carry, manufacture, import, or store, without a legal pu

ents that can only be used to attack (agredir

on, will be imprisoned for three months to three years, fined a sum of up 

lty party’s net income,7 and have their weapons confis

 without prejudice to the provisions of the Federal Law on Firearms and Explosiv

Article 160 of the Federal Penal Code further provides that public employees m

the arms needed to perform their duties, subject to applicable laws. 

Article 161 states that licenses are 

Article 162 imposes imprisonment from six months to three years plus a fine of 180 to 

360 days of the guilty party’s net income for the following persons: 

whoever gives them away or sells them; 

 2

 CÓDIGO PENAL FEDERAL, as amended, D.O., Aug. 14, 1931, available at http://www.diputados.gob.mx/ 

LeyesBiblio/pdf/9.pdf. 

3

 Ley Federal de Armas de Fue

t reflecting all amendments is av

go y Explosivos, Dec. 29, 1971, D.O., Jan. 11, 1972, as amended. The 

rrent tex ailable on the website of the Mexican Chamber of Deputies, at 

ttp://ww

cu

h w.diputados.gob.mx/LeyesBiblio/pdf/102.pdf. The English translations of the Law contained in this report 

are provided by the author. 

4

 Reglamento de la Ley Federal de Armas de Fuego y Explosivos, May 4, 1972, D.O., May 6, 1972. 

5 E.g., Reglamento Interior de la Secretaría de Hacienda y Crédito Público, D.O. Sept. 11, 1996, as 

nded

 of Certain 

Conventional Weapons, http://untreaty.un.org/cod/avl/ha/cprccc/cprccc.html

ame , art. 181(XIX) (dealing with the carrying of firearms by officials on official duty). 

6

 Mexico is a party to the 1980 Geneva Convention on Prohibitions or Restrictions on the Use

. This Convention prohibits or restricts 

the use of certain weapons, including fragmenting explosives, whose pieces cannot be located with the use of Xrays; boo Promulgación de la Convención sobre Prohibiciones 

o Restric mpleo de Ciertas Armas Convencionales que Puedan Considerarse Excesivamente Nocivas o 

de Efecto inados y sus Tres Protocolos, D.O., May 4, 1982. 

of earnings of the convicted person are defined in the Federal Penal Code. CÓDIGO PENAL 

FEDERAL

by traps; and certain incendiary weapons. Decreto de 

ciones del E

s Indiscrim

7

 Fines in terms 

 art. 29. 

The Law Library of Congress 140 
Firearms-Control Legislation and Policy 

II.- Whoever places pistols or revolvers on sale without legal authorization; 

III.- Whoever carries the weapons described in article 160; 

IV.- Whoever without a legal purpose, and without the required permission, 

stockpiles arms; and 

V.- Whoever without a license carries any weapon listed in article 161. 

Additio

y the 

Preside subject to the applicable laws and 

the following: 

made by mercantile 

tablishments, and not by individuals; and

st prove their need to carry weapons as well as their prior history of 

hon own to the authorities. 

III. Fe

A. 

The ntrols 

all arm to be 

establis

 to be 

register er 

possession nor carrying of any arms

Army, 

Possession or carrying of arms with the following characteristics is allowed, but subject 

 

nally, any weapons involved in the above-described acts are to be confiscated. 

Article 163 provides that the licenses mentioned in article 161 will be granted b

nt through the designated department or secretariat, 

I.- The sale of weapons described in article 161 may only be 

es

II.- Applicants for licenses to carry arms must meet the following requirements: 

a). They must post bond in the amount set by the authority; and 

b). They mu

esty and prudence, with the testimony of five persons well-kn

deral Law on Firearms and Explosives: Firearms Restrictions 

 Registration and Possession 

 President, through the Secretariats of Internal Affairs and National Defense, co

s in the nation. To that end, a Federal Arms Registry (Registro Federal de Armas) is

hed by the Secretariat of National Defense.8

Title Two of the Federal Law on Firearms and Explosives requires all firearms

ed with the Secretariat of National Defense in the Federal Arms Registry.9

 Neith

 prohibited by law or restricted to the exclusive use of the 

Navy, and Air Force is allowed, except as provided in this Law.10

B. Permitted Firearms 

Tools and utensils known to be used for farming or for any trade, profession, or sport are 

not considered prohibited arms, providing they are used at the work or sport site, or if it can be 

shown that they are being transported for the purpose of their use in work or sport.11

de Fuego y Explosivos art. 4. 

. 

rt. 13. 

8

 Ley Federal de Armas 

9 Id. tit. 2. 

10 Id. arts. 7, 8

11 Id. a

The Law Library of Congress 141 
Firearms-Control Legislation and Policy 

to the terms and conditions set forth in the Federal Law on Firearms and Explosives: 

ando] pistols and the 9 mm. Mauser, Luger, 

arabellum, and Commander pistols, as well as similar 9 mm. models of other brands.12

[ejidatarios y comuneros] and other farm 

orkers [jornaleros del campo] may possess and carry, outside of urban areas, any of the 

e sed].14

than 12 (.729 or 18.5 mm.). 

arrel shotguns of the calibers permitted in the preceding section, with 

tal cartridges of a different caliber. 

VII.- Other sporting arms consistent with the legal rules for hunting . . . or the 

regulations of national or international target-shooting organizations for use 

in competitions.15

T nal Defense is authorized to determine which target-shooting or 

hunting ns may be possessed,16 but, in regard to hunting weapons, it must 

obtain the opinion of other secretaries and agencies before making a determination.17

 

I.- Semiautomatic pistols with a caliber not greater than .380 (9 mm.), but excluding 

.38 Super and .38 Commander [Com

P

II.- Revolvers with a caliber not greater than the .38 Special, excluding the 

.357 Magnum.13

Members of agricultural collectives 

w

[permitted] arms mentioned above, or a .22 caliber rifle or shotgun of any caliber, except 

those with a barrel longer than 635 mm. (25) and those with a caliber greater than 12 

(.729 or 18.5 mm.) [providing these have been lic n

Concerning hunting and target shooting, the Law provides that 

[t]hose arms that hunters or target shooters may be authorized to possess in their homes 

and to carry, with a license, are the following: 

I.- Pistols, revolvers, and .22 caliber rifles with revolving magazines (de 

fuego circular). 

II.- .38 caliber pistols for Olympic or competition shooting. 

III.- Shotguns of all calibers and models except those with barrels of less than 635 

mm. (25), and those of a caliber greater 

IV.- Three-b

one barrel for me

V.- High-powered repeating or semiautomatic rifles, not convertible into automatics, 

with the exception of the .30 caliber carbine rifles, short carbines (mosquetones), and 

.223 caliber carbines, 7 and 7.62 mm., and Garand .30 caliber rifles. 

VI.- High-powered rifles of calibers greater than those mentioned in the preceding 

section, for use abroad, with special permission, for the hunting of big game that do not 

exist among the national fauna. 

he Secretariat of Natio

weapons and munitio

ara. 2. 

(VII). 

12 Id. art. 9(I). 

13 Id. art. 9(II). 

14 Id. art. 9(II), p

15 Id. art. 10(I)–

16 Id. art. 19. 

The Law Library of Congress 142 
Firearms-Control Legislation and Policy 

Application for approval of a type of hunting or target-shooting firearm may be made 

directly or through an association or club.18

For those who practice the sport of charreria (giving Mexican-style “cowboy” 

demons to have revolvers of a caliber greater than .38, but 

only for the sake of authenticity of their costumes, and these revolvers must be 

carried

The destruction, loss, or theft of arms must be reported to the Secretariat of Defense, in 

compli

 of old and/or modern arms. They may possess arms prohibited by this Law if 

ese are valuable (tengan valor) or have cultural, scientific, artistic, or historic significance. If a 

collection o d to a military institute of the nation has arms reserved for the 

xclusive use of the Army, Navy, and Air Force, written authorization from the respective 

branch 

Prior permission is required to acquire new arms for private collections, and these arms 

must b either as a collection or individually, 

also req e

IV. Gu

 may be kept in the home for 

the defense of the owner and thos s must be registered with the 

Secreta f the 

Registry, individuals may have only a single domicile for themselves and their family.25 Anyone 

who ac r etariat of National Defense 

within erial number if it has one.26

trations), authorization may be granted

 unloaded.19

ance with regulations issued for this purpose.20

Articles 21–23 of the Law deal with gun collecting and museums. Gun collectors and 

private or public museums, with prior permission of the Secretariat of National Defense, may 

have collections

th

r museum not connecte

e

of the military must also be obtained.21

e registered.22 Disposing of arms in collections, 

uir s prior authorization.23

n Ownership

Under the Federal Law on Firearms and Explosives, arms

e who live there, but such arm

riat of National Defense.24 To make these controls effective, for purposes o

qui es one or more arms is obligated to register it with the Secr

thirty days, stating in writing the brand, caliber, model, and s

20 Id. art. 14. 

rt. 17. 

17 Id. 

18 Id. 

19 Id. art. 10(VII), para 2. 

21 Id. art. 21. 

22 Id. art. 22. 

23 Id. art. 23. 

24 Id. art. 15. 

25 Id. art. 16. 

26 Id. a

The Law Library of Congress 143 
Firearms-Control Legislation and Policy 

Public servants and the chiefs of the federal police services and of those of the Federal 

District

rohibited arms for the purpose of this Law include those already listed in the Federal 

Penal Code.28

A. 

A icable 

requirem

Licenses are of two types: for officials and for private parties. Licenses for officials are 

valid so g the 

license. rivate 

parties rivate 

legal en

t the Secretariat of National Defense, a need to carry 

arms because of: 

icenses to private individuals for one or more firearms may also be issued for the 

purposes of target shooting or hunting, but only if the interested party is a member of a registered 

club or association and meets the first five requirements listed above.32

 

, the States, and municipalities are also obligated to register the arms under their

control.27 P

Licenses for Carrying Firearms

 license is required to carry arms, and articles 24–26 of the Law set forth the appl

ents for obtaining a license. 

long as the person holds the position or job that provides the basis for issuin

 Licenses for private parties must be renewed every two years.29 Licenses for p

may be issued individually for private individuals, or collectively for p

ities.30 t

1. Individual Licenses 

Licenses for individuals are for the exclusive use of that individual. Licenses are issued 

to private individuals who 

A. earn their living by honest means, 

B. have completed any military service obligation, 

C. have no physical or mental impediment to their use of arms, 

D. have not been convicted of any crime committed with the use of arms, 

E. do not consume psychotropic or other prohibited drugs, and 

F. demonstrate, in the judgmen of

a) the nature of their occupation or employment, 

b) the special circumstances of the place in which they live, or 

c) any other legitimate reason.31

L

27 Id. art. 18. 

rt. 26, para. I. 

28 Id. art. 12. 

29 Id. art. 25. 

30 Id. art. 26. 

31 Id. a

32 Id. 

The Law Library of Congress 144 
Firearms-Control Legislation and Policy 

2. Collective Licenses

Licenses are to be issued to private legal entities that are organized under Mexican laws, 

as follows: 

B. Licenses are issued to [private] security services which 

y service; 

m the Secretariat of Interior about their justification 

an s of the arms; and about the 

pl

n special circumstances justify 

do

Foreigners m

conditio ay be

issued nses for sporting purposes.34

Licenses to officials may be issued either to individual officials or collectively. 

Collect

 The request for issuance of collective licenses must be made by the Secretariat of 

Interior to the Secretariat of Defense.36 

Members of the Army, Navy, and Air Force are exempt from the licensing requirement in 

those c

a) have authorization to operate as a private securit

b) have a favorable opinion fro

d need to carry arms; about the amount and characteristic

aces where they may carry them. 

C. Licenses are issued to other legal entities whe

ing so, according to the discretion of the Secretariat of National Defense, for their 

internal security service and protection of their facilities. They must comply with the 

controls and supervision of the Secretariat.33

ay be authorized to carry arms only when, in addition to satisfying the 

ns set forth above, they also have immigrant status or are tourists, and thus m

temporary lice

ive licenses may be issued (a) to official dependencies and federal, public agencies under 

whose office the strategic installations of the country are placed, who must issue credentials, to 

be renewed every six months, to the individuals who will be using the firearms; and (b) to police 

departments.35 These collective licenses are valid only for the number of persons on the police 

payrolls, and the police departments must issue credentials to the individuals who will be using 

these firearms. 

ases and circumstances specified by the Law and applicable regulations. Members of 

Federal Police institutions, the state police, the police of the Federal District and municipalities, 

and private security police may carry arms in those cases and circumstances established by the 

Law and applicable regulations.37

 & (C). 

rt. 27. 

33 Id., para. II(B)

34 Id. a

35 Id. art. 29. 

36 Id. 

37 Id. art. 24. 

The Law Library of Congress 145 
Firearms-Control Legislation and Policy 

B. Cancelling and Suspending Licenses

The Secretariat of National Defense has the power to issue, suspend, and cancel these 

licenses, with some exceptions, as provided in article 32, and must inform the Secretariat of the 

terior about the licenses that it issues, suspends, or cancels.38 A license may be cancelled if 

I.- the holder makes bad use of the arms or license; 

, in the judgment of the 

39

d al licenses to carry firearms to federal employees and must provide notification 

f such

 on Licenses

Police credentials alone do not convey a right to carry arms unless there is a

corresp

e sets 

rth exactly the area in which they are valid.43

ohibited from carrying these arms to public 

demonstrations and public celebrations, assemblies or similar meetings, boards and meetings in 

In

II.- the holder alters the license; 

III.- the arms are used away from the authorized places; 

IV.- the holder carries a firearm other than that licensed; 

V.- the firearm’s original characteristics are altered; 

VI.- the issuance of the license was based on fraud, or

Secretariat of National Defense, the reasons for the issuance of the license no longer 

exist; or because of a supervening cause, one of the requirements for its issuance is not 

longer met; 

VII.- a court of competent authority has ordered it cancelled; 

VIII.- the holder changes domicile without notifying the Secretariat of National 

Defense; and 

IX.- the holder fails to comply with the requirements of this Law or its Regulations.

Licenses to carry arms may be suspended when in the judgment of the Secretariat of 

National Defense suspension is necessary to restore the tranquility of a municipality or region.40 

Article 32 provides that the Secretariat of Interior has the power to issue, suspend, and cancel 

official indivi u

o activity to the Secretariat of National Defense for recording in the National Registry

of Firearms.41

C. Restrictions

onding license to do so.42 Licenses to carry arms must state the territorial limits in which 

they are valid. In the case of neighborhood guards or those of a specific place, the licens

fo

Holders of licenses to carry arms are pr

38 Id. art. 30. 

39 Id. art. 31. 

40 Id. 

41 Id. art. 32. 

42 Id. art. 33. 

43 Id. art. 34. 

The Law Library of Congress 146 
Firearms-Control Legislation and Policy 

which disp s es are 

predict ing to 

use arm target 

shootin

V. Gu

f the Law deal with the manufacture, trade, importation, and exportation 

of firearms e, the 

right to ment of businesses to manufacture or trade in firearms. The Law 

overs businesses dealing in any of the permitted firearms mentioned in Articles 9 and 10 of the 

d explosives (including but not limited to many types specifically 

sted), plus detonators, fireworks, and related materials.45

quires a new permit.

ust show that they have an import permit from the country to 

hich the firearms are to be shipped.47

.

Private parties who acquire arms or ammunition abroad must request an extraordinary 

ermit to remove them from the Customs Office.49

The Federal Law on Firearms and Explosives supplements and greatly expands on the 

provisions of the Federal Penal Code. Article 84 of the Law may be translated as follows: 

Article 84.- Five to thirty years of prison and fines of twenty to five hundred days of 

the guilty party’s net income will be imposed: 

ute are to be argued, or to any gathering for whatever purpose at which disput

able, and are also prohibited from any act to obtain a result through using or threaten

s. Exceptions are made for parades and for sports events of charreria (rodeo), 

g, and hunting.44

n Manufacturing and Import-Export Issues

Articles 37–67 o

. Article 37 reserves to the President, acting through the Secretariat of Defens

 authorize the establish

c

Law, as well as ammunition an

li

Article 55 provides that arms that are imported under ordinary or extraordinary import 

authorization must be destined to the precise use that is stated in the import authorization; any 

modification or change that may be made to such destination re 46

Exporters of firearms m

w

When commercial shipments of firearms for import or export are in the possession of 

Customs, the interested parties must notify the Secretariat of National Defense, which must 

designate a representative to intervene at the Customs Office. Without meeting this requirement, 

the removal of the shipment from the Customs Office or its export out of the country cannot 

be permitted 48

p

VI. Smuggling Arms

44 Id. art. 36. 

45 Id. arts. 39, 41. 

46 Id. art. 55. 

47 Id. art. 56. 

48 Id. art. 57. 

49 Id. art. 58.

The Law Library of Congress 147 
Firearms-Control Legislation and Policy 

The Law Library of Congress 148 

Upon a person who participates in the clandestine introduction into the national 

territory of firearms, ammunition, cartridges, explosives, and materials that are reserved 

for the exclusive use of the National Army, Navy, and Air Force or are controlled in 

accordance with this Law. 

II. Upon the public servant who, being obligated by his/her functions to prevent

such intro m his/her 

employment or position and disqualified from performing any position or public 

commission; and 

III. pon a person who acquires the items referred to in paragraph one for

commer

VII. A

in the 

Penal C years 

of imp ion or 

cancell

VIII. E

Title One of the Law on Firearms and Explosives requires the federal executive branch as 

well as the g diction 

(ayunta g the 

possess ermits 

adverti rth in 

the Law

Prepared by Norma C. Gutiérrez 

w Specialist 

I. 

duction, does not do so. Moreover, he/she will be fired fro

U

cial purposes.50

dditional Infractions 

The Law adds a very long list of penalty provisions separate from those listed 

ode.51 The range of sanctions for violations of the Law are from one to forty-five

risonment, fines from one to 750 days of the guilty party’s net income, suspens

ation of the license, and confiscation of the weapons.52

ducational Campaign 

overnments of the states, the Federal District, and each local juris

miento) to conduct permanent educational campaigns with the aim of reducin

ion, carrying, and use of weapons of every type. In addition, the Law only p

sing for sporting arms used in hunting or target shooting under the restrictions set fo

.

53

Senior Foreign La

50 Id. art. 84. 

51 See CÓDIGO PENAL FEDERAL arts. 160–163.

52 Ley Federal de Armas de Fuego y Explosivos, tit. 2, arts. 77–91. 

53 Id. art. 5. 
Summary 

e

granted in limited circumstances. Permits to procure such weapons must also be 

und and reference checks, as 

well as safety training and a written test. The Police inspect and approve firearm 

suing licenses and endorsements. Law changes in 1992 aimed at 

rther restricting access to firearms included stricter firearm storage 

en “the most pronounced decline in firearm 

omicide over the past two decades” compared to Australia and Canada. 

Style Semi-automatic Firearms and Import Controls) Amendment Act 2012.4

 The New Zealand 

Police o 

NEW ZEALAND 

FIREARMS-CONTROL LEGISLATION AND POLICY 

The New Zealand Police operate a firearms licensing system, but only 

certain classes of weapons are registered, namely handguns, military style 

semiautomatics, and restricted weapons. In order to possess these types of 

weapons license holders must also obtain license endorsements, which can b

obtained. The licensing system includes backgro

storage before is

fu

requirements, prohibiting the sale of ammunition to non-licensed persons, and 

new processes relating to mail order purchases of firearms and ammunition. 

There are estimated to be about 1.1 million firearms in New Zealand—

about one for every four people. The rate of deaths involving firearms has 

decreased in the past twenty years, including those resulting from assault, suicide, 

and accidents. The authors of one study suggested that the 1992 law changes 

contributed to a “detectable reduction in firearm suicides.” Another study 

concluded that New Zealand has se

h

I. Introduction 

In New Zealand, the licensing of gun owners and restrictions on firearm sales are 

governed by the Arms Act 19831

 and regulations made under that legislation: the Arms 

Regulations 19922 and the Arms (Restricted Weapons and Specially Dangerous Airguns) Order 

1984.3 Several provisions in these instruments were recently amended by the Arms (Military 

(the Police) is the body responsible for administering firearms legislation. There is n

1

 Arms Act 1983, http://www.legislation.govt.nz/act/public/1983/0044/latest/DLM72622.html. 

2

 Arms Regulations 1992, http://www.legislation.govt.nz/regulation/public/1992/0346/latest/ 

DLM168889.html. 

3

 Arms (Restricted Weapons and Specially Dangerous Airguns) Order 1984, http://www.legislation. 

govt.nz/r ion/public/1984/0122/latest/DLM95640.html egulat . 

ic/2012/0117/latest/DLM3653106.html

4

 Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012, 

http://www.legislation.govt.nz/act/publ . 

The Law Library of Congress 149 
Firearms-Control Legislation and Policy 

right to own or possess firearms under New Zealand law, including for the purposes of selfdefense. 

The current legal regime for firearms can be characterized as a “licensing but no 

registration” system since the majority of firearms in the country do not need to be registered. A 

range of amendments aimed at further restricting access to firearms were introduced in 1992 

following a massacre in which thirteen people were killed by a licensed gunman carrying 

semiautomatic firearms. 

This report provides an overview of the history of firearms control legislation in New 

Zealand, sets out details about the licensing and registration systems, and discusses firearms 

dealing and importation restrictions. The final section of this report provides statistical 

information relating to firearm ownership and the number of deaths involving firearms. 

II. History of Firearms Control Laws in New Zealand 

eceded, 

e legislation became largely a “dead letter” by the turn of the century, and settlers could readily 

acquire ring them.6 Another law was passed in 1908 that consolidated 

earlier legislation, by which time, in the predominantly rural society, “firearms were familiar and 

useful t

al weapons. The Act also declared 

automa c pistols to be unlawful and required a license to possess other handguns, which could 

only be carried with a permit and for a “proper and sufficient purpose.”9

 Later, in the 1930s, 

 

A. Early Laws 

Early firearms control laws in the mid-1800s in New Zealand were primarily aimed at 

preventing the acquisition of firearms by Māori.5

 The legislation included import restrictions as 

well as a rudimentary system of registration and licensing that was targeted at arms dealers. 

However, once the threat of armed conflict between Māori and the colonial government r

th

 firearms without registe

ools, which might be needed to protect the far-flung bounds of Empire, but did not pose a 

social problem calling for active control.”7

Labor unrest prior to World War I led to the Police seeking greater controls for firearms, 

with limited success.8 After World War I, the Police continued to push for statutory controls, 

particularly of handguns, which were being brought back to the country in large numbers by 

soldiers. In addition, political concerns regarding socialist revolutionary ideas likely contributed 

to the enactment of the more detailed Arms Act 1920, which included a system of permits to 

procure firearms and an obligation to register individu

ti

 

5

 T.M. THORP, REVIEW OF FIREARMS CONTROL IN NEW ZEALAND: REPORT OF AN INDEPENDENT INQUIRY 

COMMISSIONED BY THE MINISTER OF POLICE 9 (1997), http://www.police.govt.nz/resources/1997/review-offirearms-control/review-of-firearms-control-in-new-zealand.pdf. 

rms Act 1860 (24 Victoriae 1860 No 38), http://www.nzlii.org/nz/legis/hist_act/ 6 Id. at 10. See A

aa186024v1860n38188/. 

note 5, at 10. 

 (11 GEO V 1920 No 14), http://www.nzlii.org/nz/legis/hist_act/aa192011gv1920n 

7

 THORP, supra 

8 Id. 

9 Id.; Arms Act 1920

14140/aa 20n14140.html 192011gv19 . 

The Law Library of Congress 150 
Firearms-Control Legislation and Policy 

pressur

960s when increasing gun crime led the Police to try to make more 

frequent use of the register, resulting in the identification of widespread issues.11 Following 

various ermined in the 1970s that “a closer control of 

users was desirable to try to reduce access to firearms by unsuitable persons.”12 Although the 

Police 

 be issued to persons 

over 16 years of age who were considered by police to be “fit and proper” to be in possession of 

a firear

mber of features of the original 1983 legislation continue to apply today, the 

laws were amended in 1992 following the 1990 Aramoana massacre in which a thirty-three-yearold licensed

 regulations 

a requirement to obtain a license endorsement 

to posse ith permits to procure them, similar to the existing requirements 

for handguns and other “restricted weapons.” However, “[a] total ban on MSSAs was rejected in 

the fac

e from farmers and sporting shooters led to some relaxing of the registration requirements 

for shotguns.10 

The challenges and costs of maintaining an accurate and complete arms register were 

highlighted during the 1

 reviews and discussions, the Police also det

did identify that the registration of firearms provided “an invaluable investigative aid,” the 

agency saw the validation of existing records as an enormous and expensive task that would 

detract from other work.13 The approach of focusing more on tighter screening of firearms 

license applicants rather than on registering firearms, a reversal of the approach that previously 

existed, gained political support and was formalized in the Arms Act 1983.14 

B. 1983 Legislation 

The original Arms Act 1983 provided for lifetime licenses that could

m. A firearms license allowed the holder to own as many firearms as he or she wished,

including pistols and restricted weapons where the person obtained a special license endorsement 

to possess such weapons. There was no requirement for the registration of most weapons, apart 

from pistols and restricted weapons, for which an acquisition permit was also required.15

C. 1992 Amendments 

While a nu

 gunman killed thirteen people using two “military-style semiautomatic” (MSSA)

firearms before being shot dead by police.16 The 1992 amendments and associated

included new restrictions on MSSAs, introducing 

ss such firearms along w

e of opposition from user groups and the estimated cost of such a measure in terms of 

providing adequate compensation to current owners.”17 

10 THORP, supra note 5, at 11. 

11 Id. at 13. 

12 Id. at 14. 

13 Id. at 15–16. 

14 Id. at 16. 

15 Id. at 16–18. 

16 See id. at 19–20. 

17 Id. at 20. 

The Law Library of Congress 151 
Firearms-Control Legislation and Policy 

The 1992 amendment bill and accompanying regulations also required firearms licenses 

to be renewed every ten years; provided that ammunition sales only be made to firearms license 

holders

sulting 1997 report (the Thorp Report) recommended “radical reform of firearms 

laws,” ndguns that a licensee can hold; banning all 

MSSAs

troduced in 1999. However, due to intensive 

opposition during the parliamentary process, this bill did not advance.22 A pared-down bill was 

later in

United Nations Convention against Transnational Organised Crime). This bill also has 

not advanced.24 

; introduced a written permit system for mail order guns and ammunition; added tighter 

storage requirements along with inspections; and gave police powers to seize weapons in cases 

of domestic violence.18

D. 1997 Report and Subsequent Actions 

Following the 1992 changes, and after two shootings by police officers in 1995, the 

government ordered an examination of internal police procedures for storing and using 

firearms.19 The government also sought an independent review of firearms legislation, which 

subsequently took place in the context of gun massacres in Australia and the United Kingdom in 

1996. The re

20

 including restricting the number of ha

; limiting magazine capacity for other semiautomatics; disqualifying persons convicted of 

certain offenses from holding a firearms license for a set period; and permitting the voluntary 

disclosure of relevant mental health information by health professionals.21 

Many of the recommended changes in the 1997 report, including a return to a full 

firearms registry, were included in a bill that was in

troduced in 2005, which was primarily aimed at enabling New Zealand to comply with 

the minimum legislative requirements of the Protocol against the Illicit Manufacturing of and 

Trafficking in Firearms, Their Parts and Components and Ammunition (supplementing the 

23

 18 Id. at 21–22; Arms Amendment Act 1992, http://www.legislation.govt.nz/act/public/1992 

/0095/latest/DLM278351.html. 

19 THORP, supra note 5, at 2. 

20 Id. at 237. 

21 Id. at 238–47 (Appendix 1: Recommendations). For an analysis of the Thorp Report, see Greg Newbo

The 1997 Review of Firearms Control: An Appraisal, 11 SOC. POL. J. OF N.Z. (1998), 

ld, 

http://www.msd.govt.nz/ 

about-msd-and-our-work/publications-resources/journals-and-magazines/social-policy-journal/spj11/1997-reviewof-firearms-control-an-appraisal.html. 

22 See Kerry Williamson, Why No Action on Guns?, STUFF.CO.NZ (May 13, 2009), 

http://www.stuff.co.nz/national/politics/2405890/Why-no-action-on-guns; Kerry Williamson, Registry Idea Shelved

After Pro-Gun Lobbying, STUFF.CO.NZ (May 16, 2009), http://www.stuff.co.nz/national/crime/2415864/Registryidea-shelved-after-pro-gun-lobbying. 

23 See New Zealand Parliamentary Library, Bills Digest No. 1228: Arms Amendment Bill (No 3) 2005,

http://www.parliament.nz/NR/rdonlyres/B1E7E92C-5473-4B6F-B0C4-E02B632A0C71/27184/1228Arms1.pdf. 

- 24 See Arms Amendment Bill (No 3), NEW ZEALAND PARLIAMENT, http://www.parliament.nz/en

NZ/PB/Legislation/Bills/0/7/4/00DBHOH_BILL6590_1-Arms-Amendment-Bill-No-3.htm (last visited Jan. 9, 

2013); ARMS AMENDMENT BILL (NO. 3): REPORT OF THE LAW AND ORDER COMMITTEE (Mar. 2012), 

http://www.parliament.nz/NR/rdonlyres/4C60851B-26DF-44F1-8F30-77BA5C3019D3/241315/DBSCH_ 

SCR_5371_ArmsAmendmentBillNo32481_8853_5.pdf (recommending that the bill not proceed); Question for 

Written Answer 465 (2012), Hon. Phil Goff to the Minister of the Police (Feb. 15, 2012), 

The Law Library of Congress 152 
Firearms-Control Legislation and Policy 

E. 2012 Amendments and Current Discussions 

Amendments were passed in 2012 following a 2010 High Court finding against a Police 

interpretation of the definition of MSSAs that reclassified particular weapons as MSSAs.25 The 

High Court decision created uncertainty about whether some semiautomatic firearms were 

MSSAs or not, particularly regarding an exclusion for firearms having a “sporting 

onfiguration,” which included firearms that did not have certain features such as “a military 

e amendments covered four main areas: a clearer and 

ore adaptable definition of MSSAs; an extension of regulation-making powers so that the 

Police or type of firearm to be an MSSA; a right of appeal to enable 

rearms owners to challenge a classification of a firearm as an MSSA; and restrictions on the 

importa

ittee process for the 2012 amendments, and in the Police annual 

report f r that year, the Police indicated that it was considering the establishment of an advisory 

group “ i

report also stated that a review of the Arms Act 1983 is being conducted by the Police “to 

identify th

the Act a

routinely c officers reignites from time to time 

followi 

 

c

pattern free-standing pistol grip.”26 Th

m

can declare a firearm 

fi

tion of airguns that have the appearance of being pistols, restricted weapons, 

or MSSAs.27

During the select comm

o

to mprove communications between Police and the firearms community.”28 The annual 

 o er amendments that could help to address operational issues that have emerged since 

 w s last significantly amended in 1992.”29

New Zealand is one of a small number of countries in which police officers do not 

arry firearms.30 The debate about arming 

ng incidents in which police officers are killed or injured, including most recently in 

http://www.parliament.nz/en-NZ/PB/Business/QWA/d/3/5/QWA_00465_2012-465-2012-Hon-Phil-Goff-to-theMinister-of-Police-Includes.htm (stating that the 2005 bill does not constitute the current Government’s policy). 

25 Lincoln v. Police [2010] NZHC 183 (1 Mar. 2010), http://www.nzlii.org/nz/cases/NZHC/2010/183.pdf. 

B26 See NEW ZEALAND POLICE, ARMS (MILITARY STYLE SEMI-AUTOMATIC FIREARMS AND IMPORT CONTROLS) AMENDMENT BILL – INITIAL BRIEFING, http://www.parliament.nz/NR/rdonlyres/4B9AE9E2-302

47C4-BFF7-A75F8AC0904E/198543/49SCLO_ADV_00DBHOH_BILL10610_1_A191404_Initialbrie.pdf. For 

information on the passage of the bill along with associated documents, see Arms (Military Style Semi-automatic 

Firearms and Import Controls) Amendment Bill, NEW ZEALAND PARLIAMENT, http://www.parliament.nz/enNZ/PB/Legislation/Bills/c/6/5/00DBHOH_BILL10610_1-Arms-Military-Style-Semi-automatic-Firearms-and.htm

(last visited Jan. 9, 2013). 

298B7-7918-4574-8FA3-

27 See Arms (Military Style Semi-Automatic Firearms and Import Controls) Amendment Bill (2011), as

Reported by the Law and Order Committee, http://www.parliament.nz/NR/rdonlyres/5D3

3072FC61B646/256278/DBSCH_SCR_5255_ArmsMilitaryStyleSemiautomaticFirea.pdf. 

28 NEW ZEALAND POLICE, ANNUAL REPORT 2011–2012, at 22 (2012), http://www.police.govt.nz/ 

sites/default/files/resources/annual/new-zealand-police-annual-report-12.pdf. See also Letter, Kevin Kelly to Jacqu

Dean MP paras. 2–8 (July 22, 2011), 

i 

http://www.parliament.nz/NR/rdonlyres/24462618-0763-4A5E-9242-

55A669725008/198547/49SCLO_ADV_00DBHOH_BILL10610_1_A198511_NewZealandP.pdf. 

e Debate About Arming Police, NEW ZEALAND POLICE (July 14, 2010), 

http://www 10/07/14/debate-about-arming-police/24684

29 New Zealand Police, supra note 28. 

30 See Peter Marshall, Th

.police.govt.nz/blog/20 ; John Kelly, Why British Police 

Don’t Have Guns, BBC NEWS MAGAZINE (Sept. 18, 2012), http://www.bbc.co.uk/news/magazine-19641398. 

The Law Library of Congress 153 
Firearms-Control Legislation and Policy 

December 

greater access to Tasers and firearms, including by having gun safes in more police vehicles, he 

does n s andard patrol.32 In 

Septem

alter 

ms 

Act 1983. Unlicensed persons may, however, be in possession of a firearm or ammunition if 

they ar earms 

license

Firearms license applicants are required to provide a photo, which is displayed on 

e required to produce their license when required to do so by a 

member of the Police;37 

n of a firearm must give their full name, address, and date of 

38

2012.31 The current Police Commissioner has stated that, while he supports providing 

ot upport police officers routinely carrying firearms while on st

ber 2012 he stated his belief that “routine arming of New Zealand Police would radically 

the relationship between police and public, without making the policing 

environment safer.”33

III. Current Firearm Control Laws 

A. Licensing System 

All persons in possession of a firearm must hold a license in accordance with the Ar

34

e under the immediate supervision of a license holder.35 General rules relating to fir

s include the following: 



the license;36

 License holders ar

 Persons in possessio

birth if requested by a member of the Police;

 License holders are required to notify the Police of a change of address (Persons 

holding an endorsement as described below must also inform the Police of the 

 31 See, e.g., Michael Daly, Armed Police Calls ‘Scaremongering’, STUFF.CO.NZ (Dec. 28, 2012), 

http://www.stuff.co.nz/national/crime/8124960/Armed-police-calls-scaremongering; Michael Daly & Jody 

O’Callaghan, No Move to Arm Police Despite Attacks, STUFF.CO.NZ (Dec. 29, 2012), http://www.stuff.co. 

nz/national/crime/8127288/No-move-to-arm-police-despite-attacks; Editorial, Do Not Arm Police, THE PRESS (Dec. 

28, 2012), http://www.stuff.co.nz/the-press/opinion/editorials/8123653/Do-not-arm-police; Editorial, Attacks on 

Police Unacceptable, OTAGO DAILY TIMES (Jan. 4, 2012), http://www.odt.co.nz/opinion/editorial/241284/attackspolice-unacceptable. 

32 See Peter Marshall, We’re Not About to Short-Change Staff, NEW ZEALAND POLICE (June 14, 2012), 

https://www.police.govt.nz/blog/2012/06/14/were-not-about-short-change-staff/31874. 

33 Peter Marshall, A Question of Responsibility, NEW ZEALAND POLICE (Sept. 20, 2012), 

http://www.police.govt.nz/blog/2012/09/20/question-responsibility/32757. 

rearms Licence, NEW ZEALAND POLICE, http://www.police.govt.nz/ 34 See generally, Firearms Safety – Fi

service/firearms (last visited Jan. 9, 2013). 

). 

ions 1992, reg. 30. 

83, s 26. 

35 Arms Act 1983, ss 43(3) and 43B(3

36 See id. s 34A; Arms Regulat

37 Arms Act 19

38 Id. s 40. 

The Law Library of Congress 154 
Firearms-Control Legislation and Policy 

arrangements made for safe custody of the firearm during the shift to the 

new address);39 and 

 A person must notify the Police if any firearm is lost or stolen.40

The Arms Act and associated regulations are silent regarding he t ownership or possession 

of firea

e used in selfCitizens are justified in using force in self-defence in certain situations. The force that is 

end on the circumstances of the particular case. Every person is 

criminally responsible for any excessive use of force against another person. 

the discharge of a firearm at another person the 

 or someone else is at imminent threat of death or 

pe rifles 

nd shotguns (referred to as “A category” firearms).42 Any person over the age of 16 years may 

 be in 

possession of a firearm or airgun.”45 

rms for the purposes of self-defense. However, the Arms Code (a firearms safety manual 

and guidance document produced by the Police and the New Zealand Mountain Safety Council 

(NZMSC) and provided to license applicants) states that 

Self-defence is not a valid reason to possess firearms. The law does not permit the 

possession of firearms ‘in anticipation’ that a firearm may need to b

defence. 

justified will dep

A firearm is a lethal weapon. To justify 

user must hold a honest belief that they

grievous bodily harm.41

1. Standard License 

A standard firearms license allows the holder to obtain any number of sporting-ty

a

submit an application for a firearms license to the Police.43 People aged 16 and 17 years must 

also hold a license in order to possess an airgun.44 A member of the Police (Arms Officer) may 

issue a license if he or she is satisfied that the applicant is a “fit and proper person to

Firearms licenses expire after ten years and can be renewed prior to their expiration.46 A 

firearms license may be revoked if an Arms Officer considers that the holder is not a fit and 

proper person to be in possession of a firearm.47 A license can also be revoked if an officer 

 39

41 41 (Wellington, 2010), http://www.police.govt.nz/sites/default/files 

Id. s 34. 

40 Id. s 39. 

 NEW ZEALAND POLICE, ARMS CODE 

/services/firearms/NZP-Arms-Code-R3.pdf. See also THORP, supra note 5, at 102-103 for a discussion of firearms 

and self-defense under New Zealand law. 

42 ARMS CODE, supra note 41, at 42. 

43 Arms Act 1983, s 23(1). 

44 ARMS CODE, supra note 41, at 42. 

45 Arms Act 1983, s 24(1)(b). 

46 Id. s 25(1). 

47 Id. s 27(1)(a). 

The Law Library of Congress 155 
Firearms-Control Legislation and Policy 

considers that it is “reasonably likely” that a firearm in the license holder’s possession could be 

obtained by someone that is not a fit and proper person to possess a firearm.48 Amendments to 

the legislation as a result of the Domestic Violence Act 1995 also provide for refusal or 

revocation of a license where the Police are satisfied that there are grounds for making an 

application n force.49 

on “of whom inquiries can be made about whether 

the applicant is a fit and proper person to be in possession of a firearm.”50

or 

been irresponsible with alcohol or

i ctly with psychiatric assessments of firearms 

license applicants, a history of m

application. The reports for the last two years show that the average period is considerably 

longer, being 104 days in 2010/2011 and 120 days in 2011/2012.53 During 2011/2012, the 

 for a protection order, or where such an order is i

In applying for a license, a person must supply various details, including whether he or 

she has been convicted of any offense or been refused a firearms license, whether in New

Zealand or any country, and the name and address of two referees (references): one a near 

relative of the applicant, and the other a pers

The Arms Code states that 

People who have 

 a history of violence or

 repeated involvement with drugs 



 a personal or social relationship with people who may be deemed to be unsuitable to

obtain access to firearms or

 indicates [sic] an intent to use firearms for self defence

may find it difficult to satisfy the Police that they are fit and proper to have a firearm.51

While there are no provisions that deal d re

ental illness may also provide reason for the Police to refuse or 

revoke a license on the grounds that the person is not fit and proper to possess a firearm.52

There is no set waiting period to obtain a firearms license. The Police set performance 

standards for various services and activities, with the target standard for firearm licensing in the 

2011/2012 fiscal year being 90% of licenses issued within thirty days of receipt of the 

 27(1)(b). 

ns 1992, reg. 15(2). 

DE, supra note 41, at 40. 

, id. at 53 (recommending that license holders discuss with family or doctors any reasons, 

“includin license); THORP, 

supra note cing the risk of 

misuse o y the mentally disordered), 252 (referring to a multiple shooting carried out by “a young man 

with a ps ”), and 253 (referring to 

a shooting “as a police officer 

believed y reason of his mental illness.”). 

53 NEW ZEALAND POLICE, supra note 28, at 40. 

48 Id. s

49 Id. s 27A. 

50 Arms Regulatio

51 ARMS CO

52 See, e.g.

g mental health problems,” that may mean they will be judged unfit to hold a firearms 

5, at 166–76 (discussing the impact of mental illness on violence and options for redu

f firearms b

ychiatric history which had earlier resulted in the revocation of his firearms licence

 incident where the individual’s license and firearms had previously been removed

 Radcliffe not a fit and proper person b

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Firearms-Control Legislation and Policy 

Police also revoked 599 firearms licenses from persons deemed no longer fit and proper to hold a 

firearms license. An additional seventy-nine licenses were revoked in response to actions

54

 under 

the Domestic Violence Act 1995.

the application relates.”

A pistol is defined as “any firearm that is designed or adapted to be held and fired with 1 

and; and includes any firearm that is less than 762 millimetres [30 inches] in length.”57 

“Restri

 them or obtain a license 

endorsement within one month of the notification being published. Compensation can be paid if 

the item

The A er 1984 provides a 

list of restricted w chers; 

incendiary grenad rging 

toxic gas or chine 

pistols, of an d uding 

all other firearms c

License endorse nd restricted weapons can be obtained in 

limited circu where the applicant is a member of a pistol shooting club 

recognized b e Police (known as a “B” endorsement61); or is a “bona fide 

collector of firearm heater 

company, or cinem on to whom the weapon has 

2. Pistols and Restricted Weapon Endorsements

A person must apply to the Police for a license endorsement if they wish to possess a 

pistol or “restricted weapon.”55 An Arms Officer can make the endorsement if he or she is 

satisfied that the applicant “is a fit and proper person to be in possession of the pistol or restricted 

weapon to which 56

h

cted weapon” refers to any weapon, firearm or not, which is declared to be a restricted

weapon by way of a government order.58 Once a weapon is declared to be a restricted weapon, a 

person in possession of such a weapon or its parts must dispose of

s are surrendered to the Police.59

rms (Restricted Weapons and Specially Dangerous Airguns) Ord

eapons in a schedule. The list includes anti-tank projectors; grenade laun

es; mines; rocket launchers; devices designed for the purpose of discha

smoke; and “machine carbines or guns, submachine carbines or guns, and ma

y kin whatsoever, including those operated by gas or compressed air and incl

apab e of full automatic fire.” l 60

ments with respect to pistols a

mstances, including 

y th Commissioner of 

s,” or an approved employee or member of a broadcasting body, t

atic or television production company, or a pers

54 Id. 

rms Act 1983, s 50 (offense of unlawful possession of pistol, military style semiautomatic fi

apon). 

55 See A rearm, 

or restricted we

56 Id. s 30. 

 2.

overnor-General may make such a declaration under section 4 of the Act. 

ially Dangerous Airguns) Order 1984, sch. 

pra note 41, at 43. 

57 Id. s

58 Id. The G

59 Id. s 37. 

60 Arms (Restricted Weapons and Spec

61 ARMS CODE, su

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Firearms-Control Legislation and Policy 

special significance as an heirloom or memento (known as a “C” endorsement62); or a licensed 

dealer (

nly for target pistol shooting on a pistol range approved by the 

Commissioner for the purpose,” and that they actively participate in the pistol shooting club by 

taking twelve days each year.65 Where an endorsement with 

respect to pistols or restricted weapons is granted to other categories of person described above, 

the en

s 

having 1 or more of the following features: 

(i) a folding or telescopic butt: 

esigned to hold 0.22-inch rimfire cartridges that— 

ore than 15 cartridges; or 

h ld 0.22-inch rimfire cartridges) 

nt of a kind defined or described by an order under section 74A 

rearm for the purposes of this Act; or 

(d) a semi-automatic firearm that has a feature of a kind defined or described in an 

or an agent or employee of a licensed dealer) (known as an “F” endorsement63).64 

Endorsements with respect to pistols are subject to conditions that the license holder 

“may use the pistol o

part in range activities on at least 

dorsement is subject to a condition that no live ammunition be used under any 

circumstances.66

3. MSSA Endorsements

As noted above, the definition of an MSSA firearm in the Arms Act 1983 was amended 

in 2012. It is now expressed in the positive rather than the negative, is more detailed, and 

provides for greater flexibility. The definition states that an MSSA i

(a) a semi-automatic firearm 

(ii) a magazine d

(A) is capable of holding m

(B) is detachable, and by its appearance indicates that it is capable of 

holding more than 15 cartridges: 

(iii) a magazine (other than one designed to o

that— 

(A) is capable of holding more than 7 cartridges; or 

(B) is detachable, and by its appearance indicates that it is capable of 

holding more than 10 cartridges: 

(iv) bayonet lugs: 

(v) a flash suppressor: 

(vi) a compone

as a pistol grip for the purposes of this definition; or 

(b) a semi-automatic firearm of a make and model declared by an order under section 

74A to be a military style semi-automatic firearm for the purposes of this Act; or 

(c) a semi-automatic firearm of a description declared by an order under section 74A 

to be a military style semi-automatic fi

order under section 74A as a feature of military style semi-automatic firearms for 

the purposes of this Act.67

62 Id. 

63 Id. at 44. 

64 Arms Act 1983, s 29(2). 

65 Arms Regulations 1992, reg. 22(1). 

66 Id. reg. 22(2). 

67 Arms Act 1983, s 2 (as amended

nt Act 2012, cl. 4). The previous

 by Arms (Military Style Semi-automatic Firearms and Import Controls) 

Amendme definition of an MSSA firearm was “(a) a firearm which, after being 

The Law Library of Congress 158 
Firearms-Control Legislation and Policy 

6 An applicant for an MSSA license endorsement (known as an “E” endorsement ) must 

be over

ry style semi-automatic firearm to which that 

application relates.”

ith individual volunteer instructors approved by the Police. The NZMSC also 

administers the Firearm Safety Test; a written test that must be passed to obtain a firearms 

license und e contents and safety rules of the Arms 

Code and involves multiple choice questions. There is no fee for either the training or the test, 

and peo

1. Standard Rules

ns that apply to 

as ready access to it; 

ed with the firearm, ensure that the firearm is not capable of

onable steps” to ensure that firearms are secured against theft, which

includes using a lockable cabinet, container, or stout receptacle; or a lockable steel

and concrete storeroom; or a display rack in which firearms may be immobilized and

locked so that none can be fired; and

8

 the age of eighteen years and must satisfy the Police that he or she is a “fit and proper 

person to be in possession of the milita

69

B. Safety Training and Testing 

The Arms Regulations 1992 require that all firearms license applicants undergo a 

firearms safety course conducted by a member of the Police or other approved person.70 The 

NZMSC’s Firearm Safety section is currently the sole organization authorized to deliver firearms 

safety training, w 71

er the regulations.72 The test is based on th

ple can attend even if they are not applying for a license.73 

C. Security Requirements 

The Arms Regulations 1992 set out conditions relating to safety precautio

74 all licenses. These conditions require that license holders

 not put a firearm in such a place that a young child h

 take reasonable steps to ensure that ammunition is not stored “in such a way that a

person who obtains access to the firearm also obtains access to the ammunition,” or,

where ammunition is stor

being discharged;

 take “reas

loaded, f a cartridge with each pull of the trigger; but (b) does not include— (i) a pistol; or 

(ii) a sem firearm that, with its magazine (if any), is maintained at all times in a sporting configuration.” 

DE, supra note 41, at 43. 

g. 14(a).

pra note 41, at 41. 

ns 1992, cl. 19. 

ires, ejects, and chambers

i-automatic

68 ARMS CO

69 Arms Act 1983, s 30B. 

70 Arms Regulations 1992, re

71 ARMS CODE, supra note 41, at 1. 

72 Arms Regulations 1992, reg. 14(b). 

73 ARMS CODE, su

74 Arms Regulatio

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Firearms-Control Legislation and Policy 

 ensure that no firearm in the holder’s possession is left in an unattended vehicle.

The Arms Code states that the Police will ensure that an applicant can provide safe 

storage prior to granting a firearms license.75

The legislation provides that it is an offense, subject to a fine of up to NZ$5,000 (about 

US$4,200) and/or imprisonment of up to four years, to carry or be in possession of any firearm, 

airgun,

purpose.” Carrying or possessing firearms or ammunition in a public place without a lawful 

purpose

olted or securely fixed within a building (again in a manner approved by a

member of the Police).

here the weapon is stored in a steel case, box, or cabinet, ammunition must be 

stored s

 pistol, restricted weapon or explosive “except for some lawful, proper, and sufficient 

76

 carries the same penalties.77 A similar provision, with a lesser penalty, applies with 

respect to carrying an imitation firearm.78 It is also an offense to carry a loaded firearm in a 

motor vehicle.79

2. Pistols, Restricted Weapons, and MSSAs

The Arms Regulations 1992 contain additional security requirements in relation to 

pistols, restricted weapons, and MSSAs.80 The regulations allow the Police to inspect any pistol, 

restricted weapon, or MSSA “and the place where it is kept.”81 Persons entitled to possess such 

weapons must keep them in either82

 a steel and concrete strong room “of sound construction” and of a type approved

(either generally or in the particular case) by a member of the Police;

 a room “of stout and secure construction capable of being secured against unlawful

entry” that meets certain specified requirements; or

 a locked steel case, box, or cabinet of a type approved by a member of the Police that

is b

W

eparately.83 

e 41, at 40, 45. 

t 1983, s 45. 

 2004, cl. 7.21, http://www.legislation.govt.nz/regulation/public/ 

75 ARMS CODE, supra not

76 Arms Ac

77 Id. s 51. 

78 Id. s 46. 

79 Land Transport (Road User) Rule

2004/0427/latest/DLM302188.html. 

, ss 32 & 33A; Arms Regulations 1992, reg. 28. 

(2). 

80 Arms Act 1983

81 Arms Regulations 1992, reg. 29(1). 

82 Id. reg. 28(1). 

83 Id. reg. 28

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Firearms-Control Legislation and Policy 

In addition, all endorsements with respect to restricted weapons include a condition that 

the holder of the license “ensures that every restricted weapon in his possession is both rendered 

inoperable by the removal of a vital part and maintained, by reason of the removal of a vital part, 

in an in

. Permits to Procure and Registration of Pistols, Restricted Weapons, and MSSAs 

 a fine of up 

 NZ$4,000 (about US$3,350) and/or a term of imprisonment up to three years.

een issued the holder must deliver it to the 

seller, who must write various details on the permit, including a description of the firearm and

the num

Although license holders are not required to report “A” category firearms to the Police, 

the Arms Code contains a recommendation that people record the make, model, and serial 

number of all firearms, and states that the Police can record the information in their database 

if reque

d Record Keeping 

 license (known as a “D” license) can be issued where the Police consider the 

applicant to be a fit and proper person to carry on a business as a dealer or manufacturer of 

firearm ler’s license is personal to the holder and cannot be transferred;93 therefore, all 

operable condition.”84 It is also an offense for a person to carry a pistol or restricted 

weapon outside of the boundary of his or her property other than in accordance with the 

conditions endorsed on his or her license.85

D

In addition to requiring an additional endorsement to possess a pistol, restricted weapon, 

or MSSA, a permit to purchase such a weapon must be obtained from the Police. These 

acquisition permits expire after one month.86 A person who sells or supplies these firearms to 

someone that does not have a permit to procure the weapon is liable on conviction to

87 to

An application for a permit to procure a pistol, restricted weapon, or MSSA must include 

various details, including a description of the weapon to be procured, its location, and the full 

name of the current owner.88 Once a permit has b

ber of his or her firearms license. The purchaser must then return the permit to the 

relevant Police office and produce the firearm for inspection.89 All pistols, restricted weapons, 

and MSSAs are required to have a serial number or other number by which it can be identified.90

sted.91

E. Dealer Licenses an

A dealer’s

s. A dea 92

84 Arms Act 1983, s 32. 

85 Id. s 36. 

86 Id. s 35. 

87 Id. s 44. 

88 Arms Regulations 1992, reg. 24. 

89 Id. reg. 26. 

90 Id. reg. 27. 

91 ARMS CODE, supra note 41, at 52 & 53. 

, s 5. 92 Arms Act 1983

93 Id. s 6. 

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Firearms-Control Legislation and Policy 

employees or agents of a dealer must also hold a license.94 Dealer licenses must be renewed 

annually95 and can be revoked at any time by the Commissioner of Police.96

A dealer’s license applies to one place of business only.97 However, a special license of 

up to five days’ duration can be granted to dealers for the purposes of a gun show at another 

location.98 A firearms dealer cannot take possession of a pistol or restricted weapon unless he or 

she obtains an import permit or permit to procure.99

requires that dealers comply with regulations regarding record 

keeping, and must permit any member of the Police to inspect and make copies of any 

 item received, manufactured, and sold, 

with each entry required to be made “at or immediately following the time of the transaction to 

which i

hout first obtaining a permit from the Police. 

Various details must be included in the permit application under the regulations.107 Permits 

expire 

 

The Arms Act 1983 

records.100 Records must be kept of the details of each

t relates” and every book kept for at least five years after the date of the last entry.101

It is an offense to sell or supply a firearm or airgun,102 or ammunition,103 to an unlicensed 

person. Furthermore, in order to sell firearms or ammunition through mail order, the seller must 

obtain a written order that has an endorsement from a member of the Police stating that the 

purchaser’s firearms license has been inspected.104 

 

It is also an offense to import any firearm, pistol, MSSA, restricted weapon, or restricted 

airguns,105 or any parts of such weapons, wit 106

twelve months after they are issued108 and can be revoked at any time.109 The Police have 

94 Id. s 11. 

99

101

 pistol, restricted weapon, or MSSA. 

ions 1992, reg. 10. 

95 Id. s 8. 

96 Id. s 9. 

97 Id. s 7. 

98 Id. s 7A. 

Id. s 10. 

100 Id. s 12. 

 The relevant regulations were amended by the Arms (Military Style Semi-automatic Firearms and 

Import Controls) Amendment Act 2012, s 15 (inserting new reg. 7 into the Arms Regulations 1992). 

102 Arms Act 1983, s 43. 

103 Id. s 43B(1). 

104 Id. s 43A. This provision does not apply to any

105 Added by section 5 of the Arms (Military Style Semi-automatic Firearms and Import Controls) 

Amendment Act 2012. 

106 Arms Act 1983, s 16. 

107 Arms Regulat

108 Id. s 18A. 

109 Id. s 18(4). 

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Firearms-Control Legislation and Policy 

broad discretion to refuse to grant such permits110 and can require the importer to produce 

samples for testing.111 Furthermore, in order to grant a permit to import a pistol, MSSA, 

restricted weapon, or restricted airgun,112 or any parts, the Commissioner of Police must be 

satisfied that there are “special reasons” why the weapon to which the application relates should 

be allowed into New Zealand.113 When these types of weapons are imported, the importer must 

114 ensure that each bear a serial number by which they can be identified and must provide a 

written

arms can only be estimated broadly. Estimates for the total number of 

firearm remained relatively steady since the mid-1990s. For example, in 

the con

 The report stated that about 3% of the country’s firearms were 

handguns, with handguns, restricted weapons, and MSSAs therefore making up a total of “no 

more th

 notice to the Police that includes this number.115

IV. Statistical Information

A. Number of License Holders and Firearms 

Due to the fact that sporting-type rifles and shotguns are not formally registered, the total 

number of such fire 116

s in New Zealand have 

text of the 1997 Thorp Report, it was estimated that, as of 1996 (when the population was 

about 4.17 million people117), there were between 700,000 and 1 million firearms in New 

Zealand, including 6,919 registered MSSAs.118 The total figure included an estimated 10,000 to 

25,000 illegal guns.119

120

an 4 percent of the total armoury.”121 

The 1997 Thorp Report also noted the difficulty of calculating the number of license 

holders at that time, about four years after the start of the implementation of the 1992 

110 Id. s 18(1)(b). 

111 Id. ss 18(1)(a) & 18B. 

112

 Added by section 7 of the Arms (Military Style Semi-automatic Firearms and Import Controls) 

Amendment Act 2012. 

3, s 18(2). 

92, reg. 12. 

TISTICS NEW ZEALAND, NATIONAL POPULATION ESTIMATES – DECEMBER 2006 QUARTER (Feb. 

2007), h

113 Arms Act 198

114 Arms Regulations 19

115 Id. reg. 13. 

116 See THORP, supra note 5, at 24–25 (discussing the issues with obtaining data on the number of firearms 

in New Zealand). 

117 STA

ttp://stats.govt.nz/~/media/Statistics/Browse%20for%20stats/NationalPopulationEstimates/previousreleases/national-population-estimates-dec06qtr-hotp.pdf. 

118 THORP, supra note 5, at 27. Note that this figure does not include MSSAs that were “sporterised” 

followin

likely total being between 20,000 and 25,000. Id. 

–33. 

. at 117. 

g the 1992 amendments. It was estimated that, as of 1996, between 33 and 44% of MSSAs were registered 

as such, making the total number of both registered and “sporterised” MSSAs between 16,000 and 21,000. 

However, Thorp considered this to be conservative, with the 

119 Id. at 29

120 Id. at 34. 

121 Id

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Firearms-Control Legislation and Policy 

amendm

guide, to be considered along with any other information available.”

 policy not to 

increase the number of MSSAs and that “[t]he people that are in possession of them are subject 

to rigorous vetting and their security must be of a higher standard. Very few new people get 

these licenses.”

formation located is from May 2010, when the Police provided a 

breakdown of firearm numbers and license holders to the Gunpolicy.org website.128 The 

statement r there were about 223,000 holders of a current firearms license, 

with this number fluctuating daily. Of these people, 3,477 held B endorsements (target pistol 

shooter

ents, which saw lifetime license holders needing to reapply for a ten-year license.122 

The report estimated that, given various available information, there would be about 206,000 

license holders by 1999.123 Thorp also noted that a draft United Nations report included the 

figures of 1.1 million firearms and 250,000 license holders for New Zealand, which he suggested 

should only be used as a “ 124

About ten years later, in 2006, the Police reported to Parliament that there were at that 

time 227,704 firearms license holders and about 1.1 million firearms in New Zealand, including 

about 8,500 registered MSSAs as well as nine anti-tank projectors and sixteen grenade 

launchers.125 The Police spokesman stated that many of the larger firearms would likely be 

collectors’ pieces or have nonexplosive shells. He also said that there was an active

126

The following year, in 2007, the Small Arms Survey research project estimated that there 

were approximately 850,000 to 1 million firearms in civilian ownership in New Zealand, with an 

average ownership rate of 22.6 firearms per 100 people (the twenty-second highest rate of the 

countries surveyed).127

The most recent in

ecords that at that time

s); 3,689 held C endorsements (pistols and/or restricted weapons as a collector, heirloom, 

museum curator, or for theatrical performances); and 5,171 held E endorsements (MSSAs). 

There were also 457 dealers’ licenses.129 The population of New Zealand at the end of 2010 was 

about 4.39 million people.130

ST (Nov. 

ook/small-arms-survey122 Id. at 35–37. 

123 Id. at 35, 37, & 109. 

124 Id. at 109. 

125 See Mike Steere, Kiwis Go for the Big Guns; 1,100,1000 Licensed Firearms, THE DOMINION PO

7, 2006), available at LexisNexis Library Express (by subscription). 

126 Id. 

127 Ch. 2, Annex 4: The Largest Civilian Firearms Arsenals for 178 Countries, in SMALL ARMS SURVEY

2007: GUNS IN THE CITY, http://www.smallarmssurvey.org/publications/by-type/yearb

2007.html. 

128 E-mail from Inspector Joe Green, NZ Police Licensing and Vetting Manager (M

at 

ay 24, 2010), available 

http://www.gunpolicy.org/firearms/citation/quotes/1893. 

129 Id. 

130 National Population Estimates: December 2010 Quarter, STATISTICS NEW ZEALAND (Feb. 14, 2011), 

http://stats.govt.nz/browse_for_stats/population/estimates_and_projections/NationalPopulationEstimates_HOTPDec

10qtr.aspx. 

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Firearms-Control Legislation and Policy 

In terms of firearm numbers, the 2010 information reported that there were about 36,000 

pistols and 7,800 MSSAs in the possession of endorsement holders.131 The increase in MSSAs 

compared to the figures in the 1997 Thorp Report were reported to be primarily due to the 

change of understanding of what constituted a “military pattern free standing pistol grip” during 

2009 an

y a large pool of illegally held firearms in 

New Zealand and that firearms of almost any type can be obtained relatively easily from within 

the crim

rces of information available regarding firearm deaths in New 

me statistics produced by the Police and Statistics New Zealand, the 

em operated by the Injury Prevention Research Unit at Otago 

l studies. Analysis of the data from these sources may produce 

 to differences in definitions and counting methods. The following 

a and analysis is provided for information purposes and is not 

e 

jury Query System, a search for fatalities resulting from assaults 

1988 and 2009 shows that the crude rate was 0.5 per 100,000 people 

deaths), increasing to 0.7 in 1990 (twenty-four deaths, including 

Aramoana shooting massacre). During the 1990s the rate ranged 

 in 1994 (seventeen deaths, including five members of the Bain 

d early 2010.132 

In November 2012, it was reported that “[h]undreds of illegal firearms are being seized 

each year in police raids.”133 According to a National Strategic Assessment paper obtained by 

the news media, “[r]esearch indicates there is alread

inal fraternity without needing to source illicit firearms from overseas.”134

B. Firearm Deaths

There are various sou

Zealand, including annual cri

National Injury Query Syst

University,135 and internationa

slightly different results due

sample of the available dat

intended to be exhaustive. 

1. Assault/Homicid

Using the National In

involving firearms between 

in 1988 (a total of eighteen 

thirteen people killed in the 

from 0.5 per 100,000 people

131 E-mail from Inspector Jo

Arms (Military Style Semi-Automatic Firearm

e Green, supra note 128. See also the Regulatory Impact Statement on the 

s and Import Controls) Amendment Bill, written by the Police in 

2010, which states that there were at that time approximately 7,800 MSSAs in the possession of firearms license 

holders and just over 227,000 firearms license holders. REGULATORY IMPACT STATEMENT: ARMS (MILITARY STYLE 

SEMI-AU

ses/ris/pdfs/ris-police-aa-apr11.pdf

TOMATIC FIREARMS AND IMPORT CONTROLS) AMENDMENT BILL paras. 3 & 9 (2010), available at 

http://www.treasury.govt.nz/publications/informationrelea . 

ge, Police Seize Hundreds of Illegal Guns a Year, THE NEW ZEALAND HERALD (Nov. 6, 

2012), h

132 E-mail from Inspector Joe Green, supra note 128. 

133 Jared Sava

ttp://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10845355. 

134 Id. 

135 National Injury Query System, OTAGO UNIVERSITY INJURY PREVENTION UNIT,

http://ipru3.otago.ac.nz/niqs/index.php (last visited Jan. 10, 2013). This system enables database searches to be 

conducted for both fatal and non-fatal injuries arising from various causes and as a result of different “intents” 

(unintentional, self-inflicted, assault, undetermined intent, other), with breakdowns also possible by region, age,

gender. The system covers the years from 1988 to 2009. For further analysis of pre-1993 figures relating to firearm

deaths and injuries, see Robert Norton & John Langley, The Epidemiology of Firearm Injuries in New Zealand, 4(

NZ PUBLIC HEALTH REPORT (Mar. 1997), 

and 

3) 

http://www.moh.govt.nz/moh.nsf/Files/pvol4no3/$file/pvol4no3.pdf. 

The Law Library of Congress 165 
Firearms-Control Legislation and Policy 

family killed in a shooting massacre) down to less than 0.1 in 1998 (four deaths). Throughout 

the 2000s the rate was between 0.1 and 0.2 per 100,000 people, up until 2009 when the crude 

rate wa

the rates over the period between 1988 and 2009 (e.g., 1.7 per 100,000 

people in 1988, 2.3 in 1992, 1.3 in 1995 and 1999, 1.2 in 2004 and 2008, and 2.0 in 2009).137 

Howev

crime statistics published by Statistics New Zealand to calculate 

e percentage of recorded murders involving firearms compared to total recorded murders 

produces the following results for the period from 1994 to 2011:138 

2007: 5 (10.4%) 

 2010: 7 (15.2%) 

s 0.3 (twelve deaths).136

The results for deaths resulting from assaults involving all external causes also show 

some fluctuations in 

er, comparing the two sets of data shows that the percentage of assault deaths involving 

firearms dropped from 31% in 1988 to 14% in 2009. 

 

Using the most recent 

th

 1994: 16 (27.6%) 

 1995: 9 (23.1%) 

 1996: 9 (18.8%) 

 1997: 13 (21.7%) 

 1998: 4 (8.2%) 

 1999: 5 (11.1%) 

 2000: 7 (13.5%) 

2001: 6 (11.8%) 

2002: 10 (16.7%) 





 2003: 7 (15.9%) 

 2004: 4 (8.9%) 

 2005: 9 (14.8%) 

 2006: 9 (18.4%) 



 2008: 7 (13.5%) 

 2009: 11 (16.9%) 

 136 National Injury Query System search Jan. 8, 2013 (1988 to 2009 New Zealand Fatalities, Firearm, 

Assault i

ll external causes, Assault intent, both genders, all age 

groups, a

ntent, both genders, all age groups, all regions). 

137 Id. (1988 to 2009 New Zealand Fatalities, a

ll regions). 

138 New Zealand Recorded Crime Tables, STATISTICS NEW ZEALAND, http://www.statistics.govt.nz/ 

tools_and_services/tools/TableBuilder/recorded-crime-statistics/ASOC-offence-calendar-yearstatistics.aspx#National (last visited Jan. 9, 2013). To build the relevant tables click “National Annual Recorded 

Offences for the Latest Calendar Years (ANZSOC)” then “Murder”; clicking “Murder” in the next table provides a 

breakdown by method. The United Nations Office on Drugs and Crime (UNODC) also reported the following 

results fo e: 

s of Homicides by Firearm, Number of Homicides 

by Firea

r the percentage of homicides by firearm in New Zealand, based on information provided by the Polic

1995: 22.5%; 1997: 19.7%; 1998: 7.5%; 1999: 10.0%; 2000: 13.5%; 2001: 11.8%; 2002: 16.7%; 2005: 14.8%; 

2006: 18.4%; 2007: 10.4%; 2008: 13.5%. UNODC, Percentage

rm and Homicide by Firearm Rate per 100,000 Population, http://www.unodc.org/ unodc/en/data-andanalysis/homicide.html (click “Homicides by firearm”) (last visited Jan. 9, 2013). 

The Law Library of Congress 166 
Firearms-Control Legislation and Policy 

 2011: 3 (7.7%) 

The Police reported to Parliament in 2006 that firearms were involved in less than 1.3% 

of all violent offending in the previous year.139 In 2011, the crime statistics released by the 

Police and Statistics New Zealand showed that New Zealand’s murder rate was the lowest in 

twenty-five years.140

rms using the National Injury Query 

System hows that there were eighteen such deaths in 1988, a crude rate of 0.5 per 100,000 

people.

The results of the National Injury Query System search for self-inflicted deaths involving 

rearms between 1988 and 2009 shows that there were much higher rates of such deaths 

 from assaults or accidents involving firearms. However, the 

 that period. 

In 1988 there were 102 self-inflicted deaths involving firearms; a crude rate of 3.0 per 

00,000 people. The rate dropped to around 2.0 per 100,000 people during the first half of the 

 

A 2011 study that compared long-term firearm homicide trends in “three countries with 

similar social histories but different legislative regimes: Australia, Canada, and New Zealand,” 

concluded that “the most pronounced decline in firearm homicide over the past two decades 

occurred in New Zealand.”141

2. Accidental/Unintentional Deaths 

A search for unintentional deaths involving firea

 s

 In 1992 the rate was 0.3, and since that time the rate has been below 0.1 in most years, 

ranging from zero deaths in this category in 1997 to seven in 2003 (a rate of 0.2). In 2009, there 

were four unintentional deaths involving firearms, a rate of less than 0.1.142 Comparing these 

results to the results for unintentional deaths involving all external causes143 shows that about 

1% of such deaths involved firearms in 1988. In 2009, this figure was just 0.3%. 

3. Suicide/Self-inflicted Deaths 

fi

compared to those resulting

numbers reduced significantly over

1

139 See Steere, supra note 125. For the most recent summary of overall offense statistics and trends see 

NEW ZEALAND POLICE, NEW ZEALAND CRIME STATISTICS 2011/2012 (Oct. 2012), http://www.police. 

govt.nz/sites/default/files/resources/crime-statistics/00-national-2011-12-crime-stats.pdf. 

140 See Michelle Cooke, Murder Rate at 25-year Low, STUFF.CO.NZ (Oct. 3, 2011), http://www.stuff.co.nz/ 

national/crime/5723405/Murder-rate-at-25-year-low. 

141 Samara McPhedran, Jeanine Baker, & Pooja Singh, Firearm Homicide in Australia, Canada, and New 

Zealand: What Can We Learn From Long-Term International Comparison?, 26(2) J. INTERPERSONAL VIOLENCE

348, 348 (2011). This paper referred to a 2008 report by Inspector Joe Green of the New Zealand Police entitled 

“Arms C

e Myths (2008), available 

at http://

ontrol Strategies.” A presentation relating to this report is available on the website of the New Zealand 

Council of Licensed Firearms Owners. Joe Green, Arms Control Strategies: Debunking th

colfo.org.nz/attachments/article/143/Arms-Control-strategies-&-myths-symposium-paper.pdf. 

142 National Injury Query System search Jan. 8, 2013 (1988 to 2009 New Zealand Fatalities, Firearm, 

Unintentional intent, both genders, all age groups, all regions). 

143 Id. (1988 to 2009 New Zealand Fatalities, all external causes, Unintentional intent, both genders, all age 

groups, all regions). 

The Law Library of Congress 167 
Firearms-Control Legislation and Policy 

The Law Library of Congress 168 

 2000s had reduced further to being between 0.9 (thirty-six deaths in 2000) and 

.3 (fifty-one deaths in 2001). In 2009, the rate was 1.2, reflecting fifty-three deaths.144 When 

compared to the results for self-inflicted d g all external causes,145 the results show 

that about 21% of self-inflicted deaths involved firearms in 1988. In 2009, this same figure was 

about 10.4%. 

A study by staff of the Canterbury 

ealand Journal of Psychiatry in 2006 analyzed the possible impact of the 1992 amendments to 

the firearm law -year 

period at the 

introdu s.”146 

The tre es for 

fifteen eriod, 

rates of nd by 

66% in

trols) 

Amend rearm 

storage above 

findings and further stated that “[d]espite firearms leaking to the criminal community the misuse 

of firearms continues to decline as a percentage of all violent crime, and across the board is 

either steady o tional 

death a

Prepared by K

Chief, F

Interna

1990s, and by the

1

eaths involvin

Suicide Project published in the Australian and New 

Z

s on firearm-related suicide in New Zealand. The study covered an eighteen

from 1985 to 2002. The authors stated that the figures “clearly suggest th

ction of the 1992 firearms legislation led to a detectable reduction in firearm suicide

nds were most marked for youth suicide, with the authors calculating that the figur

to twenty-four years olds implied that, “when compared with the pre-legislation p

 firearm suicide were reduced by 39% in the implementation period [1993-1996] a

 the post-implementation period [1997-2002].”147 

In its advice on the Arms (Military Style Semi-Automatic Firearms and Import Con

ment Bill, the Police discussed the impact of the new requirements relating to fi

 and security under the Arms Regulations 1992. The agency referred to the 

r reducing. The number of incidents remains relatively static. Non-inten

nd injury in the home has decreased to single figures.”148

elly Buchanan 

oreign, Comparative, and 

tional Law Division I 

2009 New Zealand Fatalities, Firearm, Self-inflicted intent, both genders, all age groups, all 

son, self-inflicted deaths by suffocation increased from a crude rate of 4.2 per 100,000 people 

 1988 t

147 Id. A search of the National Injury Query System shows a crude rate of 4.9 self-inflicted firearm deaths 

per 100,0

 Letter, Kevin Kelly, supra note 28, para. 32. 

144 Id. (1988 to

regions). In compari

in o 7.0 in 2009, while self-inflicted deaths by poisoning decreased from a rate of 5.4 per 100,000 people in

1988 to 2.5 in 2009. Id. 

145 Id. (1988 to 2009 New Zealand Fatalities, all external causes, Self-inflicted intent, both genders, all age 

groups, all regions). 

146 A.L. Beautrais, D.M. Fergusson, & L.J. Horwood, Firearms Legislation and Reductions in Firearmrelated Suicide Deaths in New Zealand, 40(3) AUS. & N.Z. J. OF PSYCH. 253, 255 (2006). 

00 people in this age group in 1988 (twenty-nine deaths) and a rate of 4.2 in 1992 (twenty-four deaths). 

The rates were lower throughout the rest of the 1990s and since 1999 the numbers of deaths have been in single 

figures, apart from in 2005 when there were ten deaths (a rate of 1.7). 

148
NORWAY 

FIREARMS-CONTROL LEGISLATION AND POLICY

Summary 

The purchase, possession, and use of firearms are tightly controlled in 

tion, the National Police Directorate 

may issue regulations prohibiting the acquisition, ownership, or possession of 

rough their design or operation to be especially dangerous or 

appropriate for use. 

dealers and exporter/importers, the maintenance of a central firearms register, 

 stored firearms, after notifying the owner. 

irearms; however, 

carried out in the governm

ya, seventy-seven Norwegians died and 242 

were w e of its kind in the 

bing 

Norway, whose laws and regulations were made more stringent with amendments 

to the Firearms Act in 2009 and the adoption of new Firearms Regulations in that 

year. Permission to acquire a firearm must be obtained from the local police 

chief and is limited to persons of “sober habits” who have reasonable grounds 

for having a weapon. Fully automatic weapons, some semiautomatic weapons, 

and firearms disguised as other objects are banned under the law. Certain types 

of weapons not covered by the Firearms Act’s definition of firearms, such as stun 

guns, are also generally banned. In addi

firearms deemed th

in

There are also legal provisions, among others, on the licensing of firearms 

and the mandatory safe storage of firearms. The police have the authority to 

conduct inspections of privately

Nearly 10% of Norway’s populace own firearms, which are used chiefly 

for hunting purposes. The gun laws were apparently not extensively amended in 

the aftermath of the 2011 massacre in Oslo and on a nearby island in which

seventy-seven people were killed, chiefly through the use of f

the country’s Mental Health Act has been revised to include a new chapter on 

enhanced security in institutions that accommodate the severely mentally ill or 

persons at risk for serious violent behavior. 

I. Background 

On Friday, July 22, 2011, twin attacks were ent district of

Oslo, Norway, and at a Labour Party youth camp on nearby Utøya Island. As a result of the

bombing in Oslo and the mass shootings on Utø

ounded, most of them young people. It was the worst massacr

country’s history. The suspected assassin, Anders Behring Breivik, confessed to the bom

 At present there are no Law Library of Congress research staff members versed in Norwegian. This 

report has been prepared by the author’s reliance on practiced legal research methods and on the basis of releva

legal resources, chiefly in English, currently available in the Law Library and online. 

nt 

The Law Library of Congress 169 
Firearms-Control Legislation and Policy 

and the killings and claimed he acted alone.1 In August 2012, a five-judge panel of the Oslo 

District Court declared Breivik was sane when he carried out the attacks and sentenced him, after 

two months of deliberation, to the maximum term of twenty-one years in prison, overriding the 

findings of a report by court-appointed psychiatrists that Breivik suffered from paranoid 

hizophrenia.2 Breivik legally acquired his weapons and ammunition in 2010, having 

ed for a firearms license for a 9 mm Glock 17 pistol and a self-loading carbine, 

 semiautomatic Ruger Mini-14 rifle. He stated on the application form for the permit that he 

. Relevant Legislation 

sc

successfully appli

a

would use the weapons for hunting deer.3 

Some questioned the police response to the attacks, but the internal affairs unit of the 

police issued a statement on January 10, 2013, to the effect that “while there were serious 

shortcomings in the police’s response, it had dropped its investigation into complaints filed by 

the families of two victims because there was no evidence police had broken the law.”4 There 

were also proposals that the gun laws, which had been tightened in 2009, be made even stricter.5

While that has apparently not yet happened, the Mental Health Act was amended in 2012 to 

include a new fourteen-provision chapter on safety in regional security departments and 

especially high-security units for the mentally ill.6

II

The Act Relating to Firearms and Ammunition (Firearms Act)7

 governs the use of 

firearms in Norway. The firearms law was tightened in 2009, with the enactment of Regulation 

 1 Norway Massacre, FT.COM, http://www.ft.com/intl/indepth/norway-massacre (last visited Jan. 22, 2013) 

(a collection of news items on the massacre).

2

 Mark Townsend, Breivik Verdict: Norwegian Extremist Declared Sane and Sentenced to 21 Years, 

GUARDIAN (Aug. 24, 2012), http://www.guardian.co.uk/world/2012/aug/24/breivik-verdict-sane-21-years; Mark 

Lews & Sarah Lyall, Norway Mass Killer Gets the Maximum: 21 Years, N.Y. TIMES (Aug. 24, 2012), 

http://www.nytimes.com/2012/08/25/world/europe/anders-behring-breivik-murder-trial.html?pagewanted= 

all&_r=0; Mark Lewis, Why Norway Is Satisfied with Breivik’s Sentence, TIME (Aug. 27, 2012), 

http://world.time.com/2012/08/27/why-norway-is-satisfied-with-breiviks-sentence/. 

3 Norwegian Terror Suspect Admits Guilt, RT (July 24, 2011), http://rt.com/news/breivik-utoya-shootingarrest/; see also Norway Shooting: Quotes From Anders Behring Breivik’s Online Manifesto, TELEGRAPH (Aug. 1

2011), 

9, 

http://www.telegraph.co.uk/news/worldnews/europe/norway/8657727/Norway-shooting-quotes-fromAnders-Behring-Breiviks-online-manifesto.html; Skaffet seg våpen på lovlig vis [Obtain Guns Legally], BERGENS

TIDENDE (July 24, 2011), http://www.bt.no/nyheter/innenriks/Skaffet-seg-vpen-p-lovlig-vis-2542413.html; “Breivik 

Manifesto” Details Chilling Attack Preparation, BBC NEWS (July 24, 2011), http://www.bbc.co.uk/news/worldeurope-14267007. 

4 Anger as Police Drop Breivik Response Probe, THE LOCAL (Jan. 11, 2013), http://www.thelocal.no/page/ 

view/anger-as-norway-police-drop-breivik-response-probe. 

5 Panel Proposes Tighter Gun Laws After Massacre, THE LOCAL (Dec. 6, 2011), 

http://ww .no/page/view/norway-panel-propo w.thelocal ses-tighter-gun-laws-after-massacre#.UNSF0-SdN2A. 

tablering og gjennomføring av psykisk helsevern (psykisk helsevernloven) (July 2, 1999, as last 

amended eff ly 1, 2012), LOVDATA, http://www.lovdata.no/all/nl-19990702-062.html

6

 Lov om e

ective Ju . 

, http://www.lovdata.no/all/hl-19610609-

7

 Lov om skytevåpen og ammunisjon mv. [våpenloven] [Act on Firearms and Ammunition, etc.] (Act No. 1 

of June 9, 1961, as last amended June 19, 2009, in force Dec. 28, 2009)

001.html; Act No. 1 of 9 June 1961 Relating to Firearms and Ammunition [English translation based on

amended in 1990]

 the Act as 

, LOVDATA, http://www.ub.uio.no/ujur/ulovdata/lov-19610609-001-eng.html. 

The Law Library of Congress 170 
Firearms-Control Legislation and Policy 

No. 904 of June 25, 2009, on Firearms and Ammunition (Firearms Regulations).8 In late 2012 

Norway imposed addition restrictions on its weapons exports, in the aftermath of a report that 

firearms produced in the country were responsible for over 200 civilian deaths in the war 

against Iraq.9

III. Definitions 

 Firearms (skytevåpen) under the Firearms Act are weapons (våpen) that can fire bullets, 

shot, and other projectiles by means of gunpowder or other propellant or by means of a 

mechanical device; weapons or devices for launching or dispersing explosives, gas, flares, 

rockets, etc. (including flame throwers); and imitation weapons that can relatively easily be 

 permanently unusable, however, a weapon is 

not a firearm under the Act’s definition. Weapons parts (våpendeler) include cartridges 

consist lant, and detonator; projectiles of any kind intended for 

launch or dispersal by a firearm; sleeves (hylser) fitted with a charge or igniter; hand grenades 

(håndg

ally apply to slaughter equipment, 

signal pistols and other signaling devices, or rescue and harpoon guns; to their parts; or to the 

ammun

 

converted to fire live ammunition.10 If rendered

11

ing of a projectile, case, propel

ranater), bombs, rockets, mines, etc.; illumination- (lys-), incendiary- (brann-), poisonand teargas grenades (bokser); and poison and teargas for use in a firearm or in the other types of 

ammunition (except the sleeves).12

 The Firearms Act does not apply to firearms, firearms parts, or ammunition intended for 

use by or belonging to the military or the police, or to ammunition destined for or belonging to 

Norway’s Explosives Inspectorate.13 It also does not gener

ition used in them. The Ministry of Justice and Public Security may determine the extent 

to which the law should apply to air and spring guns and pistols.14 The King may determine that 

it shall be illegal to import, sell, or own certain types of firearms or ammunition.15 

The Firearms Regulations distinguish between weapons not considered firearms, and 

therefore not subject to control, and firearms of various types that are subject to control. The 

8

 FOR 2009-06-25 nr 904: Forskrift om skytevåpen, våpendeler og ammunisjon mv. (våpenforskriften) 

[FOR 2009-06-25 No. 904: Regulation Relating to Firearms, Firearm Parts, and Ammunition, etc. (Firearms 

Regulati 009, as last amended Apr. 25, 2012, in force from May 1, 2012),

LOVDAT w.lovdata.no/for/sf/jd/xd-20090625-0904.html

ons)] (June 25, 2009, in force July 1, 2

A, http://ww . 

nce Johnson, Norway: New Restrictions on Weapons Exports, GLOBAL LEGAL MONITOR (Dec. 

7, 2012), h .loc.gov/lawweb/servlet/lloc_news?disp3_l205403425_text

9 See Consta

ttp://www . 

1, ¶ 1(a)–(c). 

apon a firearm if, because of its age or construction, it cannot be used as a 

firearm o ot be easily repaired or adapted to use for shooting. Id. 

e of its rules firearms, firearm 

parts, or 

under the definition of firearms in 

section 1

10 Firearms Act, § 

11 Id. § 1, ¶ 2. Nor is a we

r if it cann

12 Id. § 3. 

13 Id. § 4. 

14 Id. § 5. The King may fully or partially except from the law or from som

ammunition other than those mentioned in section 5. Id. § 6. 

15 Id. § 6a. This includes weapons and the like not set forth 

. Id. 

The Law Library of Congress 171 
Firearms-Control Legislation and Policy 

former include, for example, muzzle-loading firearms manufactured before 1890; 1885 modelyear rifles or shotguns or pre-1871 model-year pistols or revolvers in a person’s possession 

before the Regulations entered into force; and weapons that have been rendered permanently 

unusab

e way they 

function, i.e., single-shot, single shot repeater, single shot semiautomatic, or automatic action 

weapon

s must have permission from the police commissioner of the place of residence 

of the applicant or, if the applicant does not have residency in Norway, from the chief of police 

of thei

 parts, or ammunition to a person under eighteen years of age without 

le by virtue of all their essential parts having been made permanently unusable and it 

being impossible for them to be removed, replaced, or modified in such a way that it would be 

possible to reactivate the weapon.16 The Regulations provide details on the features of the two 

types of firearms, two-handed firearms (shotguns, rifles, and combination guns) and one-handed 

firearms (pistols and revolvers).17 They further distinguish the firearms based on th

s

18 and sets forth definitions of measurement of a firearm and its parts.19

IV. Purchase, Ownership, Possession, and Use

A. Purchase and Acquisition 

The Firearms Act stipulates that anyone intending to buy or otherwise acquire a firearm 

or firearm part 20

r whereabouts.21 According to the Act, “[p]ermission may only be given to reliable 

persons of sober habits who need or have other reasonable grounds for possessing firearms, and 

who can not be deemed unfit to do so for any special reason.”22 The applicant must also provide 

a written statement stating why he or she wants a firearm.23 

Permission to acquire a firearm or firearm parts will generally not be granted to anyone 

under eighteen years of age; in exceptional cases, weapons may be stored by a guardian or 

another person who meets the permit requirements for anyone under eighteen but over sixteen 

years of age. The permit age for acquisition of revolvers or pistols or their parts is twenty-one.24 

An application submitted by a minor must be ratified by the guardian.25 No one may assign or 

transfer firearms, firearm

16 Firearms Regulations, § 1, ¶¶ 1–3. 

17 Id. § 2. 

18

19 4a. 

20 s Act, § 7, ¶ 1. 

21

22

23 sdall, Norway’s Gun Laws Prove Easy to Ignore, THE GUARDIAN (July 24, 2011), 

http://ww k/world/2011/jul/24/norway-strict-gun-laws-circumvented

Id. § 3.

Id. §§ 4 &

Firearm

Id. ¶ 2. 

Id. ¶ 3. 

 Simon Ti

w.guardian.co.u . 

7, ¶ 4. The King may set a higher age limit (than eighteen) for other types of firearms 

and firea ut it cannot be higher than twenty-one. Id. ¶ 6. 

24 Firearms Act, § 

rm parts, b

25 Id. ¶ 5. 

The Law Library of Congress 172 
Firearms-Control Legislation and Policy 

the prior consent of the competent police commissioner; such consent may not be granted, 

howeve n years of age.26

he applicant (or by the guardian, if the applicant is 

under eighteen). Applications from a legal person must also indicate the full name and address 

of the p

immediately sends the permit to the police commissioner of the district of the place of the 

busines

r, when the person is under sixtee

Similarly, those who intend to buy or otherwise acquire ammunition must also have a 

police permit.27 The permit will only cover a certain quantity of ammunition and may not be 

made valid for a period longer than three months.28 The qualifications and age limit on the basis 

of which the permit will be granted are the same as those for firearms; the permits are granted by 

the police of the place of residence or the whereabouts (for nonresident claimants).29

The application for a permit to acquire and possess firearms or firearms parts is to be sent 

to the police of the locality where the natural or legal person applicant is located, in the 

prescribed form and signed and dated by t

30

erson authorized to submit the application and the weapons for which the legal person is 

responsible.31 The acquisitions permit (ervervstillatelsen) is valid for twelve months, extendable 

by six months. The extension of the period of validity is given by signing the permit to 

that effect.32 

A weapons dealer, including a manufacturer and a gunsmith, will only hand over 

weapons or weapons parts that are covered by the acquisitions permit and upon presentation of 

approved credentials.33 Weapons dealers provide on the acquisitions permit complete 

information about the weapons issued. The dealer retains a copy of the permit along with an 

endorsement attached to the record he or she keeps on the purchase and sale of firearms, and

s. He or she returns the copy of the permit to the buyer.34 The copy of the permit that the

buyer receives back from the dealer constitutes permission to possess weapons or weapons parts 

until the regular firearms license is received.35 Anyone who sells or otherwise transfers a 

weapon privately is to proceed in the same manner as a weapons dealer, with certain 

further specifications.36

26 Id. § 29, ¶ 1. However, this provision does not preclude, without the specific consent of the police 

commissioner, the entrusting of the objects to persons under eighteen for short-term use under proper supervision, 

as long as the parents or guardian of the person consent to it. Nor does the provision preclude a person under 

eighteen from dealing with the objects in capacity of an employee, when reasonable precautions are observed. 

Id. ¶ 2. 

 Regulations, § 26, ¶¶ 1 & 3. 

27 Id. § 13, ¶ 1. 

28 Id. ¶ 2. 

29 Id. ¶ 1. 

30 Firearms

31 Id. ¶ 2. 

32 Id. § 27. 

33 Id. § 28, ¶ 1. 

34 Id. ¶¶ 2 & 3. 

35 Id. ¶ 4. 

36 Id. § 29. 

The Law Library of Congress 173 
Firearms-Control Legislation and Policy 

B. Ownership and Possession 

Anyone who wants to own or possess firearms must have permission granted by the 

police commissioner, in the form of a firearms permit (våpenkort). It can be set as a condition 

for the granting of the license that the right to hand over the weapon to another party for up to 

four weeks (under section 11 of the Act) shall not apply.37 In special circumstances, permission 

to own or possess a weapon can be issued to cover a specified period of time.38 Permission from 

e police commissioner is necessary in order to make a significant change in the character or 

nature 

ansporting the firearm, firearm parts, or ammunition, or else those items may be 

taken in olice custody until the applicable document is presented.41

ecial circumstances that cause the holder to be deemed unfit to have a 

firearm it can also be revoked if the holder no longer needs to have the firearm or on 

other r

y submitted to the police commissioner. A license issued pursuant 

 the Firearms Act’s provisions on the sale of firearms, firearm parts, and ammunition or on 

their pr

the license.

th

of the firearm or to substantially modify its ownership or possession.39 Except for eligible 

recipients specified in the Act’s section 11, firearms or firearms parts may not be left with 

someone not authorized to possess them.40

The firearms permit or the loan declaration must be shown upon the request of the police; 

weapon holders must always have with them the firearms permit or loan declaration when 

carrying or tr

to p

The Firearms Regulations contain a lengthy chapter on the conditions for authorized 

acquisition and possession of firearms. It covers the requirements for natural persons, legal 

persons, law enforcement officials and officers, and third parties as well as for purposes of 

collection, animal slaughter, pest eradication and seal hunting, protection, heritage and 

sentimental value, a museum collection, shooting and gun collection organizations, and so on.42 

The police commissioner will revoke the firearms permit if the holder is not “sober and 

reliable” or if there are sp

. The perm

easonable grounds.43 Upon revocation of the permit under such circumstances, the 

firearm is to be immediatel 44

to

oduction may be revoked by the issuing authority if the license holder no longer meets the 

conditions for obtaining a license or if he contravenes the rules governing the exercise of 

45

37 Id. § 8, ¶ 1. Under § 11, a firearms license holder may entrust the firearm to another person for up to 

four weeks, with the exception of revolvers or pistols, which can never be left in the hands of others unless the King 

determin e. Id. § 11, ¶ 1.

42 s Regulations, ch. 3, §§ 10–25. 

es otherwis

38 Id. § 8, ¶ 2. 

39 Id. ¶ 3. 

40 Id. § 12. 

41 Id. § 9.

 Firearm

43 Id. § 10, ¶¶ 1 & 2. 

44 Id. ¶ 4. 

45 Firearms Act § 35. 

The Law Library of Congress 174 
Firearms-Control Legislation and Policy 

C. Prohibited Weapons and Ammunition 

The Firearms Regulations make it illegal to acquire, hold, or possess firearms normally 

used as (a) weapons of war, (b) fully automatic weapons, and (c) firearms disguised as other 

objects.46 The National Police Directorate (Politidirektoratet) (NPD) may issue regulations that 

rohibit the acquisition, ownership, or possession of firearms or types of firearms that through 

be especially dangerous or inappropriate for use.47 

se that have an equivalent effect; as well as flick knives, batanga knives, 

ilettos, brass knuckles, billy clubs, karate sticks, throwing stars, blow guns for firing arrows or 

other 

ategories of weapons, including some powerful handguns, have also 

been banned from sale.

p

their design or operation are perceived to 

The acquisition, ownership, or possession of certain semiautomatic weapons is also 

banned by the Firearms Regulations. Semiautomatic weapons that can be easily converted to 

produce fully automatic fire are banned. Would-be owners of a semiautomatic weapon must 

obtain police approval for the weapon.48 As a general rule, semiautomatic weapons approved 

pursuant to corresponding rules in another European Economic Area country (the twenty-seven 

European Union Member States plus Iceland, Liechtenstein, and Norway) will be approved by 

the NPD.49 

In addition, there is a ban on certain weapons or similar equipment not covered by the 

definition of firearms in the Firearms Act. These include stun guns, pepper spray, and other 

products for self defen

st

objects, slingshots, and other similar, especially dangerous items.50 The police 

commissioner has the authority to waive this prohibition, however, in special circumstances.51 

Acquiring, owning, or possessing a crossbow is also prohibited, unless a permit has been 

obtained from the police commissioner and the applicant meets the personal 

qualifications required.52

Reportedly, many c

53

Forbidden ammunition includes armor-piercing ammunition, incendiary and explosive 

munitions, and ammunition and projectiles with the power to expand for use in pistols and 

5, ¶ 1. Types of weapons designed purely for military or police purposes fall 

under cat

 the police or the 

military. 

rovision does not apply to crossbows acquired before January 1, 1993. The personal 

qualifica 10 of the Firearms Regulations, which makes reference to the Firearms Act 

requirem

ote 23. 

46 Firearms Regulation, § 

egory (a). 

47 Id. § 6. 

48 Id. § 7, ¶¶ 1 & 2. 

49 Id. ¶ 3. 

50 Id. § 9, ¶ 1. This provision is not applicable to weapons specific to or belonging to

Id. ¶ 2. 

51 Id. ¶ 4. 

52 Id. ¶ 3. This p

tions are set forth under section

ents of sobriety, reliability, suitability, age, and reasonable grounds. 

53 Tisdall, supra n

The Law Library of Congress 175 
Firearms-Control Legislation and Policy 

revolvers with central fire ignition (except when used for practice and competition shooting).54 

Even though these domestic controls are in place, there remains the possibility of acquiring 

materiel from abroad. While the sale of clips for hunting rifles that hold more than three bullets 

is reportedly banned in Norway, Anders Breivik wrote in his manifesto that he bought 

ammunition clips for his rifle from a small, undisclosed US supplier that had acquired the clips 

from other suppliers.55

V. Sale and Manufacture of Firearms 

nd address of the person who may become general 

anager of sales of firearms, etc., and the terms and conditions that apply to exercising the 

license.

n the central weapons register 

lt våpenregister).

Anyone who wants to trade in firearms, firearm parts, or ammunition must have a license 

(bevilling) from the competent ministry. The license application is to be submitted to the police 

commissioner of the district where the applicant intends to conduct business.56 The license may 

be limited to specific types of firearms and ammunition and may also be made subject to other 

conditions determined by the competent ministry.57 The license is required to contain details of 

the holder’s name and place of business, the scope of the license, and the conditions applicable to 

its use.58 The license can only be granted to persons considered fit to trade in firearms and 

ammunition who have business and warehouse facilities that meet the rules in force on the 

storage of such goods.59 The Act’s provisions authorizing the purchase, acquisition, or lending 

of firearms, firearm parts, or ammunition do not apply to a trade licensee’s purchase of such 

materiel for resale.60 

The trade license must be dated and signed by the police commissioner or his attorney 

and state the scope of the license, the name and place of the business, the name and address of 

the store manager responsible, the name a

m

61 Police districts maintain an ongoing record (fortegnelse) of all trade licenses, and a 

record of new and revoked licenses will immediately be entered i

62 (sentra

Authorized firearms dealers may only make deliveries of their goods to persons who can 

present a valid and comprehensive permit (tillatelse), if such a permit is required for acquisition 

of the goods. The dealer must ensure that delivery is made to the right person.63 Delivery to 

54 Firearms Act, § 8, ¶ 1. 

55 Reid J. Epstein, Norway Shooter: Ammo Clips Were from U.S., POLITICO (July 28, 2011), 

http://www.politico.com/news/stories/0711/60154.html. 

Act, § 16, ¶ 1. The provision also applies to weapons used for slaughter, signaling devices, etc., 

described of the Act, unless otherwise determined by the King. Id. 

itional details are set forth in section 36 of the Firearms Regulations. 

 Act § 17, ¶ 1. 

 ¶ 2. 

 Regulations, § 37. 

of the Regulations addresses the central weapons register. 

56 Firearms 

in section 5

57 Id. ¶ 2. 

58 Id. ¶ 3. Add

59 Firearms

60 Id. § 19,

61 Firearms

62 Id. § 38. Section 98 

63 Id. § 39, ¶ 1. 

The Law Library of Congress 176 
Firearms-Control Legislation and Policy 

another

or the quantity and type of 

ammunition supplied. The police may direct the dealer to provide the notification in 

yer; and the quantity, type or nature, 

tradem echanism type, and the numbering of weapons or 

weapon

pe, and number and 

ust be sent to the police commissioner.

A dealer must immediately notify the police if he comes into possession of banned 

rearm

 dealer may only take place when that dealer can prove that he or she has a license to 

trade in those goods to which the order applies. Upon delivery, the supplier is required to give 

notification of that fact to the police commissioner of the district where the supplier has his or 

her place of business. The notification will also state the date of delivery, the name and address 

of the consignee, and the number, type or nature, trademark, model designation, caliber, 

mechanism type, and number of weapons or weapons parts 

64

electronic form.65

Authorized dealers have an obligation to maintain a continuous record of all purchases, 

sales, loans, etc. of firearms and firearms parts that are subject to control. The record must state 

the date of receipt or delivery; the name of the seller or bu

ark, model designation, caliber, m

s parts received or delivered.66 Upon the sale, etc., of these goods the dealer is required 

to attach a copy to the record of the person’s acquisition permit (or sales notice, if the sale is to 

another dealer). Upon a purchase, etc., from an individual, the dealer is required to attach a 

purchase notice. Upon importation, a copy of the vendor invoice and shipping slip must be 

attached.67 Upon the import of firearms and firearms parts, the dealer is required to set up a list 

(oppgave) of such goods. Within ten days after the imported items arrived in stock, the dealer is 

required to send the list to the police commissioner of the district where the dealer has his place 

of business.68 At the end of each quarter, the dealer is required to update the list of his inventory 

of firearms or firearms parts subject to control. The list must state the firearms’ or parts’ 

quantity, type or nature, trademark, model designation, caliber, mechanism ty

69 m

fi s or unregistered firearms that are subject to registration.70

Manufacturers of firearms or firearm parts for sale must be licensed by the competent 

ministry; this also generally applies to ammunition manufacturers.71 Those who make firearms 

or firearm parts for their own use, or their own ammunition, must be at least eighteen years of 

age and have permission from the police commissioner of the district where they reside. The 

licensing provisions in the Act are also applicable to weapons manufactured in this manner.72

 & 2. 

64 Id. ¶ 2. 

65 Id. ¶ 3. 

66 Id. § 40, ¶ 1. 

67 Id. ¶ 2. 

68 Id. ¶ 3. 

69 Id. ¶ 4. 

70 Id. ¶ 5. 

71 Firearms Act, § 20. 

72 Id. § 21, ¶¶ 1

The Law Library of Congress 177 
Firearms-Control Legislation and Policy 

Those who supply firearms are to mark the firearms and firearms parts with a unique 

brand as well as the manufacturer’s name, the country of origin or manufacturing location, the 

serial number, and the year (if not part of the serial number).73 Importers of firearms that are 

subject to registration must mark the firearms and firearms parts with a unique brand that 

indicates the country of import and the importer.74 The Police Directorate has the authority to 

provide additional 75 guidelines with reference to these provisions.

VI. Im

irearm 

parts, or ammunition that (1) a Norwegian citizen brings upon exit and entry of the country in 

connec

ansport and not displaying them in a public place without reasons for 

oing so or for the illegal import, sale, acquisition, or possession of firearms or ammunition, 

the offender will be subject to a fine or up to two years of imprisonment.82 If the offense is more 

serious, fines or imprisonment for a term of up to four years may be imposed. In determining 

port and Export 

Anyone who imports or exports firearms, firearm parts, or ammunition must have a 

permit from the competent ministry. The permit will specify the nature and amount of the goods 

and the permit’s period of validity, which is extendable.76 

In general, an import permit may be granted only to those who have a license to trade in 

firearms, firearm parts, or ammunition. An import permit may also be granted to those who can 

manufacture such goods. For importation of the goods for private use only, a permit can still be 

given if it is one that meets the terms of the Act on purchase and acquisition of firearms and 

ammunition,77 but the Act stipulates that the provisions on firearms licenses also apply to goods 

so imported.78 The King may issue specific rules on the import and export of firearms, f

tion with a temporary stay abroad, (2) a Norwegian hunting expedition brings to and from 

hunting areas outside Norway’s territorial waters, and (3) a foreign citizen brings upon entering 

and exiting Norway in connection with temporary residence in the country.79

VII. Offenses and Penalties

Anyone who willfully or negligently violates the provisions in, or made pursuant to, the 

Firearms Act will be subject to a fine or to a term of imprisonment of up to three months, unless 

the offense entails a stiffer penal provision.80 For violation of the Act’s provision on securing 

firearms for purposes of tr

81 d

 1. 

74

1 & 2. The terms are those found under sections 7 and 13 of the Act. 

h under id. § 27b, ¶¶ 1 & 2. 

73 Id. § 93, ¶

Id. ¶ 2. 

75 Id. ¶ 3. 

76 Id. § 23, ¶¶ 1 & 2. 

77 Id. § 24, ¶¶

78 Id. § 24, ¶ 3. 

79 Id. § 25. 

80 Id. § 33 ¶ 1. 

81 Reasons set fort

82 Id. § 33 ¶ 1. 

The Law Library of Congress 178 
Firearms-Control Legislation and Policy 

whether the offense is serious, particular emphasis is placed on the kind and number of weapons 

involved, or whether the action is for other reasons of a particularly dangerous or socially 

amagi

parts, ammunition, or 

explosives, or special equipment to manufacture or use such objects, will be punished upon 

r or not a gun or other particularly dangerous implement was used; if death or 

serious

ch 

rovision, a fine or imprisonment for up to two years will be available to be imposed on those 

ross negligence repeatedly or seriously contravene provisions on 

e illegal import, transfer, acquisition, or possession of weapons under the Firearms Act.89 

Anothe

imprisonment for up to six years.90 In addition, the careless handling of such materiel that is 

likely t on 

d ng nature.83 The same punishments are applicable to complicity in these offenses.84 The 

King may decide that a violation of the provisions on obtaining certain permits or licenses should 

not be prosecuted if the offender informs the police of the violation within a certain specified 

period of time.85 

Under the General Civil Penal Code of 1902, as amended, anyone who, with the intent to 

commit a felony, procures, manufactures, or stores firearms, firearm 

conviction with a term of imprisonment of up to six years. Under especially aggravated 

circumstances, a term of up to ten years’ imprisonment may be imposed. The same penalty will 

apply to aiding and abetting such an offense.86 One factor in determining whether the offense of 

aggravated robbery is punishable by a term of twelve years of imprisonment as opposed to five

years is whethe

 bodily harm or damage result, the offender is liable to a punishment of up to twenty-one 

years in prison.87 Anyone who is guilty of careless conduct likely to endanger the life or health 

of others in the manufacture, use, storage, or handling of explosives or firearms may be subject 

to a prison term of up to one year; the same applies to aiding and abetting such conduct.88

Under its Penal Code of 2005, which differs from the General Civil Penal Code, Norway 

has a number of criminal law provisions that have not yet entered into force. Under one su

p

who intentionally or through g

th

r provision that has not yet been implemented stipulates that serious illegal involvement 

with firearms, ammunition, explosives, or other explosive substances is punishable by a fine or 

o endanger the life or health of another person will be punishable with a fine or a pris

term of up to one year.91 

83 Id. ¶ 2. 

84 Id. ¶ 3. 

85 Id. § 34. 

86 The General Civil Penal Code, Act No. 10 of May 22, 1902 (as last amended by Act No. 131 of Dec. 21, 

2005), § 161, available at http://www.ub.uio.no/ujur/ulovdata/lov-19020522-010-eng.pdf; Almindelig borgerlig 

Straffelo l Civil Penal Code] (Penal Code)], Act No. 10 of May 22, 1902 (as last 

amended J ttp://www.lovdata.no/all/hl-19020522-010.html

v (Straffeloven) [The Genera

une 22, 2012), LOVDATA, h . 

¶ 1. 

straffeloven) [Act on Punishment (Penal Code)], Act No. 28 of May 20, 2005 (as last 

amended . 44 of June 20, 2008), § 190, ¶ 1, LOVDATA, http://www.lovdata.no/all/nl-20050520-028.html

87 Id. § 268. 

88 Id. § 352, 

89 Lov om straff (

 by Act No . 

, ¶ 1. 

. 

90 Id. § 191

91 Id. § 188

The Law Library of Congress 179 
Firearms-Control Legislation and Policy 

VIII. Miscellaneous Provisions

The Firearms Act stipulates that firearms and ammunition must be kept securely locked 

down,92 and gun safes have become mandatory. 93 The police may inspect such stored weapons, 

with the inspection to be conducted 94 in private after prior notification. Authorized dealers also 

ave the obligation to securely store firearms, firearm parts, and ammunition.95 According to 

Norweg

se two provisions also apply to air and spring guns and imitation weapons easily 

confusable with firearms as well as to firearms that have been rendered permanently unusable.99

rovide that 

e owner or holder pay the expenses for destroying or rendering unusable firearms, firearm 

arts, or ammunition;102 and to determine that there should be a central arms register and to 

stablish rules for its implementation, including that the register be kept by electronic means. 

 computerized register may be exempt from public disclosure.103

IX. Statistical Information

A news report that cited police figures current in 2011 indicated that there were 

1,229,436 registered guns in Norway, owned by 484,298 persons (about 9.7% of the population), 

h

ian news reports, before storage a gun’s end cap must be removed; persons who do not 

have a gun safe must remove the weapon’s components before storing it, basically disabling it; 

and the vital components of the weapon should be locked up separately.96

Firearms being transported must be emptied of ammunition, be secured against going 

astray, and normally be covered.97 Firearms must not without reasonable grounds be in a public 

place.98 The

The Firearms Act gives the King the authority to issue regulations to implement and 

supplement the Act’s provisions.100 He also has the power to prescribe fees for trade licenses 

and for import and export licenses for firearms, firearm parts, or ammunition;101 to p

th

p

e

All the information in such a

92 Firearms Act, § 27a, ¶ 1. Detailed rules for storage, according to this provision, are stipulated by the 

King. These rules may also apply to firearms, firearm parts, and ammunition referred to in section 5 of the Act, 

which covers such instruments as signal pistols, slaughter equipment, and rescue and harpoon guns. Id. 

93 Ann Simmons, In Norway Gun Ownership Is Common; Violence and Homicide Are Not, LOS ANGELES

TIMES (July 23, 2011), http://articles.latimes.com/2011/jul/23/nation/la-naw-norway-gun-policy-20110724. 

94

d alarms required for 

such stor

96 mons, supra note 93. 

97

 Firearms Act, § 27a, ¶ 2. 

95 Firearms Regulations, § 42. The provision also sets forth the types of locks an

age. 

 Sim

 Firearms Act, § 27b, ¶ 1. 

98 Id. ¶ 2. 

99 Id. ¶ 3. 

100 Id. § 31, ¶ 1. 

101 Id. ¶ 2. 

102 Id. ¶ 3. 

103 Id. ¶ 4. 

The Law Library of Congress 180 
Firearms-Control Legislation and Policy 

The Law Library of Congress 181 

he weapons obtained for hunting purposes or held by Norwegians registered for

ivil defense duty or in the military reserves.104 The Norwegian Rifle Association reportedly has 

32,000 members in 520 clubs, according to the Norwegian Broadcasting Co. (NRK). The NRK 

has estimated that in addition to nother half a million have been 

smuggled into Norway illegally.105

According to the Los Angeles Times, “[h]omicide—whether gun-related or otherwise—is 

rare in Norway, which reports one of the apita homicide rates in Europe.”106 In 

2010, there reportedly were eighty-seven gun-related deaths in Norway, with two being gunrelated homici nnual 

rate of te of 

homici icide 

rate 0.0

hich 

covered ess in 

the acti inted 

out tha

Prepare

Senior 

with many of t

c

 the legally held firearms, a

lowest per-c

des (one of them a handgun homicide, the other a long-gun homicide). The a

 all gun-related deaths per 100,000 population was 1.78 in 2010, with the ra

des from firearms per that amount of population being 0.04 and the handgun hom

2.107

A report released in 2010 by the Norwegian Ministry of Health and Care Services, w

 homicide in Norway during the period 2004–2009, assessed the role of mental illn

ons of known perpetrators of homicide in the country. Among other findings, it po

t the victims were known to the assailant in more than 80% of the killings.108 

d by Wendy Zeldin 

Legal Research Analyst 

yn-Fisher, Police Want Stricter Gun Control, VIEWS AND NEWS FROM NORWAY (Aug. 2, 

.no/2011/08/02/police-will-have-stricter-gun-control/

104

 Aled Dilw

2011), h ://www.newsinenglish ttp . 

105 Simmons, supra note 93. 

106 Id. 

107 Norway — Gun Facts, Figures and the Law, GUNPOLICY.ORG, http://www.gunpolicy.org/firearms/ 

region/norway (last visited Jan. 22, 2013), citing various sources, most notably World Health Organization, InterCountry Comparison of Mortality for Selected Cause of Death – Gun Homicide in Norway, EUROPEAN DETAILED 

MORTALITY DATABASE (Copenhagen: WHO Regional Office for Europe, Aug. 8, 2011). 

gjeringen.no/pages/ 

108 Simmons, supra note 93. See also MINISTRY OF HEALTH AND CARE SERVICES, HOMICIDE IN NORWAY 

IN THE PERIOD 2004–2009, [Summary in English: NOU 2010:3] (May 3, 2010), http://www.re

13400193/PDFS/NOU201020100003000EN_PDFS.pdf. For statistics on crime in general in Norway, see Cri

and the Justice [sic]. Ta

me 

bles, STATISTICS NORWAY, http://www.ssb.no/english/subjects/03/05/a_krim_tab_en/ (last 

visited Aug. 1, 2011).) 
RUSSIAN FEDERATION 

on gun control is relatively 

rict, limiting the circulation of firearms to Russian citizens older than eighteen 

Major issues related to gun control are regulated by the Federal Law on 

lations issued by the federal government and 

varied executive agencies. Legislative assemblies of the Russian Federation 

defense; a license only serves as a carrying permit for hunting and sport firearms 

when these guns need to be transported. Russian citizens may not own guns that 

e magazines with more than a ten-cartridge capacity. The 

alizati of sho -barreled handgu s is currently being discussed by 

I. Bac

police),1

 at the end of 

egistered in the Russian Federation, 

with a ed bore 

the same report, approximately 

twelve n guns are held illegally and are not registered.3 In 2012, 7,500 crimes were 

FIREARMS-CONTROL LEGISLATION AND POLICY 

Summary 

While self-defense and protection of property is a constitutional right 

guaranteed to Russian citizens, Russian legislation 

st

years of age with a registered permanent residence, and for the purposes of selfdefense, hunting, and sports activities only. The acquisition of guns is based on 

licenses provided for a five-year period by local police departments at one’s place 

of residence after a thorough background check, including a review of the 

petitioner’s ability to store guns safely and an evaluation of his/her medical 

records. Mentally ill people and those who have been treated for substance abuse 

are not allowed to possess firearms. 

Weapons and implementing regu

constituent components can enact provincial laws related to the circulation of 

firearms so long as they do not contradict federal legislation. Individuals are 

allowed to have up to ten long-barreled guns in their possession, and more if they 

are collectibles. Individuals are not allowed to carry guns acquired for selfshoot in bursts or hav

leg on rt n

the legislature. 

kground 

According to a report by the Russian Ministry of Internal Affairs (

2012 there were more than 6.3 million nonmilitary weapons r

population of 142.5 million.2

 This number includes 700,000 firearms with a rifl

and 4.2 million firearms with a smooth bore. According to 

millio

1

 Anatoly Malikov, Will the Life of Russians be Safer if Gun Control Laws Are Stricter?, VOORUZHE

(Nov. 16, 2012), 

N.RU

http://vooruzhen.ru/news/135/2721/ (in Russian; last visited Jan. 8, 2013). 

2

 CIA: THE WORLD FACTBOOK: RUSSIA (2012), https://www.cia.gov/library/publications/the-worldfactbook/geos/rs.html. 

The Law Library of Congress 182 
Firearms-Control Legislation and Policy 

committed with the use of firearms.4 This constituted less than .5% of all crimes registered in 

the country. At the same time, police investigated 26,500 crimes related to the

5

 illegal circulation 

of weapons.

llegal acquisition of 

guns has significantly increased in recent years, especially after terrorist attacks on a hospital, 

theater,

Most of the weapons used in crimes committed in Russia turned out to be unregistered or 

were acquired by a person who used it for criminal purposes.6

 While Russia maintains relatively 

restrictive gun control legislation and strict procedures regulating the purchase and storage of 

firearms by private individuals, there is a huge black market for weapons, and most weapons 

used by criminals are stolen military or police guns, guns sold by law enforcement personnel 

who seized illegal weapons from criminals and did not register the confiscation of those 

firearms, or firearms made from modified nonlethal guns.7 

According to news reports, the legal sale of weapons as well as the i

 and school in 2002 and 2004, and a number of more recent mass shootings in public 

places committed by criminals or mentally unstable people.8

 These guns were apparently 

purchased for self-defense in response to the presumed inability of the state authorities to defend 

individuals from terrorists and criminals,9 which has provoked an ongoing public discussion 

about the necessity of additional gun control measures or further simplification of firearms laws 

and expansion of the types of weapons allowed for personal possession. 

II. Current Gun Control Legislation

Russian legislation that regulates the acquisition, transfer, and use of firearms consists 

mainly of the Federal Law on Weapons,10 which sets forth the major principles defining the rules 

for acquisition, possession, and use of firearms, and implementing regulations issued by the 

federal government and selected executive agencies.11 Relevant provisions are also included in 

3

 Malikov, supra note 1. 

4

 RUSSIAN FEDERATION MINISTRY OF INTERNAL AFFAIRS, NOVEMBER 2012 CRIME STATISTICS REPORT,

http://www.mvd.ru/presscenter/statistics/reports/show_117029/ (in Russian; last visited Jan. 18, 2013). 

5

 Id. 

6

 Maria Butina, Pistols to Everyone, SLON.RU (July 24, 2012), http://slon.ru/russia/vsem_korotkostvol813158.xhtml (in Russian). 

7

 Medvedev is Against Legalization of Weapons, NEWSRU.COM (Dec. 17, 2012), 

http://www.newsru.com/russia/17dec2012/guns_print.html (in Russian). 

8

 After Beslan Terrorist Attack the Russians Started to Buy Guns, NEWSRU.COM (Sept. 16, 2004), 

http://www.newsru.com/russia/16sep2004/beslan4_print.html (in Russian). 

9

 Id. 

10 Law No. 150 of Dec. 13, 1996, SOBRANIE ZAKONODATELSTVA ROSSIISKOI FEDERATSII [SZ RF] 

[COLLEC

ian Federation Government Regulation No. 814 of July 21, 1998 on Regulation of Civilian and 

Service F mmunition on the Russian Federation Territory, SZ RF 2012, No. 12, item 1410 (last 

amended S ; Order of the Internal Affairs Minister of the Russian Federation No. 288 of April 12, 1999, 

TION OF RUSSIAN FEDERATION LEGISLATION] (official gazette, in Russian) 1996, No. 51, Item 5681 

(hereinafter Federal Law on Weapons). 

11 Russ

irearms and A

ept. 4, 2012)

The Law Library of Congress 183 
Firearms-Control Legislation and Policy 

specific

gulates 

e type and quantity of firearms an individual may have in his/her private possession. Existing 

rtridges for firearms. Procedures 

lated to the issuance of licenses for the acquisition of weapons and permits for their possession, 

carryin

y the attacker and the level of damage prevented. However, the courts 

traditio lly compare the actual damage inflicted by fighting parties and recognize as justifiable 

the def

 private property would 

be enough to justify the use of firearms against an individual who commits a crime, however.17 

 legal acts, such as federal laws on education, licensing activities, state protection, and 

countering terrorism, as well as the Criminal Code of the Russian Federation. 

It appears that the main goal of existing legislation is to regulate the circulation of guns 

depending on the weapon’s functional purpose (e.g., self-defense, hunting, sports activities) and 

maintain a licensing system that allows government monitoring of all operations with legally 

acquired guns. The Law on Weapons establishes the criteria under which an individual who 

intends to acquire guns may apply for a permit issued by local police authorities and re

th

legislation also applies to the circulation of ammunition and ca

re

g, use, exhibition, trade, and collecting are regulated by implementing regulations based 

on the background check requirements established by the Law on Weapons. 

According to the Russian Constitution, “each individual has the right to defend his/her 

rights and freedoms by all means not prohibited by law.”12 This means that people may use 

weapons that they legally own to protect their life, health, and property when necessary.13 

Necessity is defined by criminal legislation; it is presumed that a person who engages in 

necessary defense may use all measures needed to stop an ongoing attack.14 The use of a firearm 

in the case of necessary defense must be recognized as legal if the use was proportional to the 

degree of danger posed b

na

ense of those individuals who suffered more damage than they inflicted.15 Because of the 

broad distribution of more lethal weapons recently, injury to an attacker is more often very 

serious than before. Legal scholars have called for a review of the laws on necessary defense 

and related judicial decisions.16 Also, unlike previous laws, the Law on Weapons allows the use 

of firearms for the protection of personal property. For many years, courts had viewed the health 

and life of an offender as more valuable than the property of a law-abiding citizen who defended 

such property with guns. Current law does not say what type of threat to

on Implementation of the Government Regulation No. 814, BIULLETEN NORMATIVNYKH AKTOV [BULLETIN OF

EXECUTIVE REGULATIONS], 1999, No. 32 (both in Russian). 

12 Constitution of the Russian Federation art. 45.2, http://pravo.gov.ru/export/sites/default/konstituciya/ 

Konst_2011.pdf (official version; in Russian). 

13 Eduard Tumanov, Kommentarii k Federalnomu Zakonu ob Oruzhii [Commentaries to the Federal Law 

on Weap

ode of the Russian Federation art. 37, SZ RF 1996, No. 25, Item 2954. 

e of Firearms] 99 (St. Petersburg, 2003). 

ons] 138 (Moscow, 2010). 

14 Criminal C

15 Andrei Kaplunov & Sergei Miliukov, Primenenie i Ispolzovanie Ognestrelnogo Oruzhiia [Application 

and Us

16 Id. 

17 Id. at 100. 

The Law Library of Congress 184 
Firearms-Control Legislation and Policy 

The Law on Weapons states that the use of weapons for necessary defense must not cause 

harm to third parties.18 In a number of recently resolved cases, Russian courts found several 

police officers guilty of injuring bystanders when they used their service firearms to defend 

themselves and other individuals.19 Additionally, the Law prohibits the use of firearms against 

women, individuals with obvious signs of disability, and minors when their age is apparent or 

known. An exemption would be a case where the aforementioned individuals are engaged in an 

armed 

III. Types of Firearms Permitted for Individual Possession

o have been permitted by law to bear, keep, and use

rms for self-defense and for performance of the duties assigned to them for protecting 

resources, valuable and dangerous freight, and 

ecial correspondence. 

nd transport 

of weapons. The distinguishing characteristic of civilian firearms is that such firearms cannot 

be fired

or group attack. Each use of weapons that entails injury to an individual must be reported 

by the gun owner to the police immediately, and no later than within twenty-four hours.20

The Law on Weapons defines three types of firearms based on the purpose for which they 

are used and their technical characteristics: civilian, service, and combat firearms, and edged 

weapons.21 Manual combat firearms and edged weapons are intended for official operational 

tasks carried out by agencies and services, as defined by federal legislation. The list includes the 

armed forces, police, border protection services, tax police and customs, and some other 

agencies. “Service weapons” include weapons intended for use by officials of government 

agencies and employees of companies wh

a

individuals and their property, nature and natural 

sp

This report focuses on the circulation of civilian weapons, which can be used by Russian 

citizens for purposes of self-defense, hunting, and sports activities. The definition of the 

“circulation” of weapons was provided by the Russian Supreme Court in 1996 and includes the 

production (research, development, testing, artistic finishing, and repair), trade, sale, transfer, 

acquisition, collection, exhibition, accounting for, possessing, carrying, shipment, a

22

 in bursts or have a cartridge capacity of more than ten bullets.23

According to the Federal Law on Weapons, only Russian citizens can own civilian 

weapons in Russia. Foreign nationals are not allowed to own guns. They may receive police 

permits to acquire weapons based on requests from the embassies of the countries of their 

citizenship but are required to export their acquired weapons within five days after acquisition. 

Foreign hunters and sportsmen can bring their hunting and sporting weapons into the country for 

the duration of a hunting period or sporting event, as specified in their invitation.24 

18 Federal Law on Weapons art. 24. 

 KAPLUNOV& MILIUKOV, supra note 15, at 347. 

20 Federal Law on Weapons art. 24. 

5 of the Russian Federation Supreme Court Plenum, ROSSIISKAIA IUSTITSIIA, No. 8, 1996, 

at 34. 

w on Weapons art. 3. 

rt. 14. 

19

21 Id. art. 2. 

22 Ruling No. 

23 Federal La

24 Id. a

The Law Library of Congress 185 
Firearms-Control Legislation and Policy 

Article 3 of the Federal Law on Weapons specifies the types of guns that can be used by 

dividuals for self-defense, hunting, and sports activities. These include smooth-bore longbarrele

 the President, Prime Minister of the Russian 

Federation, or head of a federal military organization, Russian citizens can be awarded with 

weapon

IV. Pr

ing, incendiary, explosive, or tracer action; and 

cartridges with shot charges for gas pistols; (3) weapons and other objects whose destructive 

action 

established by law. The Law on Weapons does not allow the shipping of weapons 

by indi

in

d firearms, smooth-bore long-barreled firearms if the rifled part of the barrel is no longer 

than 140 millimeters, and pneumatic weapons with power of up to 25 joules. Bearing longbarreled weapons for the purpose of self-defense is prohibited.25 

An individual cannot have more than ten guns in his/her possession, with the exception of 

guns included in a registered collection of weapons. An individual’s possession of weapons 

cannot exceed five hunting rifled-bore guns and five smooth-bore long-barreled guns.26 

On the basis of a decree issued by

s. This could include any type of civilian or short-barreled combat handgun. Award

weapons are subject to possession and carrying requirements. Carrying permits must be issued 

by local gun registering authorities at the individual’s place of residence following the 

registration of an award weapon by the owner within two weeks after receipt. A weapon that can 

be fired in bursts and one that is prohibited by law for circulation on the territory of the Russian 

Federation cannot be given as an award.27

ohibited Weapons 

Special restrictions are imposed on the circulation of civilian weapons. Prohibited 

firearms are those with a cartridge capacity of more than ten bullets, those that can fire in bursts, 

those with a barrel length of less than 500 millimeters or an entire length under 800 millimeters, 

and those that can be shortened to a length of under 800 millimeters without losing their shooting 

capacity. Rifled-bore sporting guns and pneumatic guns with a pumping power of more than 7.5 

joules and a caliber of more than 4.5 millimeters must be kept at shooting ranges.28 

The list of prohibited firearms includes (1) those with shapes that imitate other objects; 

(2) cartridges with bullets for armor-pierc

is based on the use of radioactive radiation and biological factors; and (4) gas weapons 

charged with nerve-paralytic, toxic, and other substances not permitted for use by the 

government or gas weapons that can cause a medium degree of harm at a distance of more than 

one meter. Also, the sale and installation of silencers and sights for night vision are prohibited, 

with the exception of sights for hunting. The policy for using such sights has been specifically 

viduals.29 

25 Id. art. 6. 

26 Id. art. 13. 

27 Id. art. 20-1. 

28 Id. art. 6. 

29 Id. 

The Law Library of Congress 186 
Firearms-Control Legislation and Policy 

V. Acquisition and Possession of Firearms 

Russian citizens have the right to acquire and possess weapons according to rules 

ablished by legislation. These rules allow citizens of the Russian Federation who are eighteen 

ars of age and older to apply for a license that would allow an indiv

est

ye idual to possess weapons 

cense. Legislative assemblies of Russian Federation 

wer the mandatory age by no more than two years. Usually, such 

regions where industrial hunting is conducted or in areas with a 

Before applying for a license to acquire hunting weapons, an individual must be registered as a 

f a hunting society. 

ued by local police departments at one’s place of permanent residence 

r ritories. Official licensing documents 

ave e 30

e smooth-bore and rifled-bore 

arrels 

storage, or circulation of weapons were 

prohibited from 31

the length n, the Constitutional Court of Russia held this restriction to be 

for specific rules regarding 

e are required to attend six and a half 

ted by the

overnment of the Russian Federation and to pass federal tests on knowledge of safety rules.33 

A licen

The following documents must be submitted to a local police department, together with 

the application for a gun license: 

of a specific type as stated in the li

constituent components can lo

decisions are made in those 

significant indigenous population that has historically been involved in hunting activities. 

hunter and be a member o

Licenses are iss

and each license is issued separately for a specific type of weapon—hunting rifled-bore, hunting 

smooth-bore, and sporting firearms. Licenses have unified federal numbering and their specific 

se ies and numbers are assigned to particular Russian ter

h leven protection levels, complicating the manufacturing of false documents. Each 

license allows the petitioner to acquire and keep up to five different of weapons. 

Where hunting weapons are purchased for hunting purposes, a license will also include a 

carrying permit. Licenses are issued for a five-year period and can be renewed. Hunting 

weapons with rifled-bore barrels and combined weapons wh re 

b can be interchanged can be acquired by those hunters who have five years of experience 

possessing smooth-bore long barrel guns. Until recently, individuals who were found to have 

violated hunting rules or rules related to the use, 

acquiring rifled-bore long-barreled weapons. Because the law did not specify 

the type of violation and the level of public danger that would trigger this ban, and did not define 

 of the ba

unconstitutional in June 2012, and ordered the legislature to provide

32 the acquisition of these types of weapons. 

Individuals who acquire weapons for the first tim

hours of classes on the safe handling of guns offered by organizations designa

g

se for weapons acquisition is required in order to accept guns as a gift or inheritance. 

Tests must be retaken and passed when an individual applies for license renewal. 

3). 

stitutional Court of the Russian Federation, Ruling No. 16-P of June 29, 2012, 

http://ww u/ru/Decision/Pages/default.aspx

30 Leonid Vedenov, Zakony Rossiis ob Oruzhii [Russian Laws on Weapons] 7 (Moscow, 200

31 Federal Law on Weapons art. 13.10. 

32 Con

w.ksrf.r . 

33 Government Regulation No. 731 of September 5, 2011, ROSSIISKAIA GAZETA [ROS. GAZ.], Sept. 9, 

2011, http://www.rg.ru/2011/09/09/perechen-oruzhie-dok.html. 

The Law Library of Congress 187 
Firearms-Control Legislation and Policy 

 Statement that an individual has no medical contraindications for possession of guns

 Statements issued by boards monitoring psychiatric and substance abuse services

within the administrative area where an applicant permanently resides that the

applicant was not treated for mental illnesses or drug abuse

 Proof of Russian citizenship

guns.35 

 Chronic and long-lasting psychiatric diseases with severe or continuing forms

of relapses

s, or other toxic substances 

sion problems of -5 or worse in one eye when another eye is worse than -2, or -7 in 

sence of a thumb and index finger, or three fingers on one of the hands 

osal to introduce a 

measur ts 

 of those who apply for a gun license.37

 Two photographs

 Statement from a territorial police officer that weapons can be safely kept at the

applicant’s residence

 Hunter’s card

 License fee

 Proof of no less than five-year possession of smooth-bore barrel guns if applying for a

license to purchase rifled-bore barreled guns34

Applications are reviewed within one month; the applicant then has six months to 

purchase guns before the expiration of the license. Licenses are not issued to those who cannot 

guarantee secure storage of weapons, have a court record that has not expired, or have committed 

at least two minor violations of public order within a one-year period. Individuals without 

permanent residency in a specific location cannot acquire 

A list of diseases preventing an individual from having weapons has been established by 

the federal government36 and includes the following: 

 Addictions to alcohol, narcotic

 Vi

one eye if the person is blind in the other eye 

 Ab

The State Duma of the Russian Federation is currently debating a prop

es that would impose criminal responsibility on physicians for issuing false statemen

about the medical conditions

34 Government Regulation No. 814 of July 21, 1998, ROS. GAZ., Aug. 20, 1998, available at 

http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=135139. 

35 Id. 

36 Id. 

37 Bill 191803-6, introduced Dec. 17, 2012, http://asozd2.duma.gov.ru/main.nsf/%28SpravkaNew%29? 

OpenAgent&RN=191803-6&02 (official website of the State Duma of the Russian Federation). 

The Law Library of Congress 188 
Firearms-Control Legislation and Policy 

All weapons must be registered within two weeks after their acquisition. Registration 

must be conducted by the same police department that issued the license for acquisition. 

ccording to article 22 of the Law on Weapons, it is the gun owner’s responsibility to make sure 

at his/her weapons are stored safely. The local police inspector is obligated under the Law to 

isit a gun owner’s residence at least once a year and review the safety of weapons.38

 Proposed Legislation 

Measured by the number of registered guns in the possession of individuals, Russia is 

ninth in the world.39 Even though legally acquired and registered weapons are traced to a 

minimal number of crimes committed with firearms,40 there are ongoing public debates on 

whether to introduce stricter gun control legislation or simplify the rules for obtaining and 

possessing guns for self-defense. Proposals to allow individuals to acquire and carry shortbarreled handguns for self-defense are being discussed by legislators.41 Even though one such 

proposal contains restrictions on bearing handguns in public places and educational 

institutions,42 it appears that it has more opponents than proponents among the lawmakers.43 

Among other gun-control proposals currently under discussion are measures that would increase 

the age for acquisition of guns from eighteen to twenty-one, and the creation of a national 

collection of bullet case samples in order to make it possible to identify a gun used in a particular 

shooting.44 Other proposals would provide for new rules to expedite the licensing process45 and 

allow individuals to prepare cartridges for their hunting guns.46

Among other measures being discussed are suggestions to equip weapons sold in Russia 

with biometric scanners, which would prevent the use of a gun other than by its owner,47 and a 

A

th

v

VI. Public Discussions and

38 TUMANOV, supra note 13, at 185. 

39 Russians Have 13 Million Guns, SAFEGUN.RU, http://safegun.ru/bulletin/1.html (in Russian; last visited 

Jan. 14, 2013). 

40 Colt Made All Equal, SAFEGUN.RU, http://safegun.ru/info/info-14.html (in Russian; last visited 

Jan. 14, 2013). 

41 Bill 576559-5, introduced July 8, 2011, reintroduced Aug. 7, 2012 (Bill 123846-6), 

http://asozd2.duma.gov.ru/main.nsf/%28SpravkaNew%29?OpenAgent&RN=576559-5&02. 

42 Bill 171032-6, introduced Nov. 13, 2012, http://asozd2.duma.gov.ru/main.nsf/%28SpravkaNew%29? 

OpenAgent&RN=171032-6&02. 

43 Malikov, supra note 1. 

44 Bill 171032-6, http://asozd2.duma.gov.ru/main.nsf/%28SpravkaNew%29? OpenAgent&RN=171032-

6&02. 

45 Bill 79444-6, introduced May 23, 2012, http://asozd2.duma.gov.ru/main.nsf/%28SpravkaNew%29? 

OpenAgent&RN=79444-6&02. 

46 Bill 56262-6, introduced Apr. 16, 2012, http://asozd2.duma.gov.ru/main.nsf/%28SpravkaNew%29? 

OpenAgent&RN=56262-6&02. 

47 Vladimir Voloshin, Guns Will Have Black Boxes, IZVESTIIA (Oct. 5, 2012), http://izvestia.ru/ 

news/536891 (in Russian). 

The Law Library of Congress 189 
Firearms-Control Legislation and Policy 

The Law Library of Congress 190 

 of all types of weapons on Russian territory between January and April 2014, in 

rder to secure the safety of the 2014 Olympic Games, which are to be held in Russia.48

Prepared by Peter

Director of Legal Research 

ban on the sale

o

 Roudik 

48 Draft of the President’s Decree published on the website of the RF Ministry of Internal Affairs, 

http://mvd.ru/documents/public (last visited Jan. 14, 2013). 
SINGAPORE 

FIREARMS-CONTROL LEGISLATION AND POLICY 

Singapore has one of the toughest gun control laws in the world. 

ffences Act, unlawful possession or carrying of firearms 

 punishable with imprisonment and caning. Using or attempting to use arms 

ill be presumed to be trafficking in arms until the contrary is proved. 

r imprisonment for life and 

ith caning. 

spend or cancel a license without 

iving any reason. 

I. Introduction 

mar attributes the fact that Singapore 

has very few firearm offenses in a time when “we see rampant firearm offences as well as

smuggl

 penalty for anyone who discharges a firearm in the 

course of committing a serious offence, even if no one is injured or killed.”2

 

firearms are the Arms Offences Act,3

Summary 

According to the Arms O

is

when committing a scheduled offense is punishable with death. The death penalty 

may also apply to the offender’s accomplices present at the scene of the offense. 

Any person proved to be in unlawful possession of more than two firearms 

w

Trafficking in arms is punishable with either death o

w

Possessing any firearms or importing, exporting, manufacturing, 

repairing, or selling them, requires a license. Licensing officers have the 

authority to refuse to issue a license, or to su

g

Singapore has one of the toughest firearms control laws in the world, according to its 

former Minister for Law, Professor S. Jayakumar.1

 Jayaku

ing and trafficking in weapons in the region and elsewhere in the world” to the strict gun 

control laws, including a “mandatory death

Singapore’s primary statutes regulating which

relates to the unlawful possession of arms and ammunition and the carrying and using of arms, 

1

 S. Jayakumar, The Confluence of Law and Policy: The Singapore Experience, Address at the Millennium 

Law Con 0-12, 2000), cited in CHAN WING CHEONG & ANDREW PHANG, THE 

DEVELOP D CRIMINAL JUSTICE IN SINGAPORE 13–14 (2001). 

s Act, Cap 14, STATUTES OF THE REPUBLIC OF SINGAPORE (rev. ed. 2008) (originally 

enacted 73), http://statutes.agc.gov.sg/aol/search/display/view.w3p;ident=66818397-627b-4a3bference, Singapore (April 1

MENT OF CRIMINAL LAW AN

2 Id. 

3

 Arms Offence

as Act 61 of 19

8e5a-77ed7dc882f0;page=0;query=CompId%3A66818397-627b-4a3b-8e5a77ed7dc882f0;rec=0;resUrl=http%3A%2F%2Fstatutes.agc.gov.sg%2Faol%2Fbrowse%2FtitleResults.w3p%3Blette

r%3DA%3Btype%3DactsAll#legis. 

The Law Library of Congress 191 
Firearms-Control Legislation and Policy 

and the tes the manufacture, use, sale, storage, transport, 

portation, exportation and possession of arms, explosives and explosive precursors, and gives 

effect t

he Arms Offences Act, which was first enacted in 1973, states that the act shall have 

effect w

ences Act to mean “any firearm, air-gun, air-pistol, 

automatic gun, automatic pistol and any other kind of gun or pistol from which any shot, bullet 

 liquid, flame or fumes can be emitted, and any 

component part thereof and includes any bomb or grenade and any component part thereof.”6

ten years, and shall also be 

unished with caning with not less than six strokes.

ny person who unlawfully carries any arm shall be punished with imprisonment for a 

term of

ggravated penalties apply if the offender of the above two provisions was previously 

convict f five

to twenty y

Committing any scheduled offense while armed is punishable with imprisonment for life 

nd cani

 Arms and Explosives Act,4

 which regula

im

o the Convention on the Marking of Plastic Explosives for the Purpose of Detection.

II. Arms Offences Act

T

ithout prejudice to the provisions of the Arms and Explosives Act, or any other written 

law in force in Singapore relating to the unlawful possession of arms or ammunition.5

 

A. Definition of Arms 

An “arm” is defined by the Arms Off

or other missile can be discharged or noxious

B. Unlawful Possession of Arms and Ammunition 

According to the Arms Offences Act, any person who is in unlawful possession of any 

arm or ammunition shall be guilty of an offense and shall on conviction be punished with 

imprisonment for a term of not less than five years and not more than 

7 p

A

 five to fourteen years and with caning with not less than six strokes.8

A

ed of a scheduled offense; such an offender is subject to imprisonment for a term o

ears and caning with not less than six strokes.9

a ng with not less than six strokes.10

4

 Arms and Explosives Act, Cap 13, STATUTES OF THE REPUBLIC OF SINGAPORE (rev. ed. 2003) (originally 

enacted as Ordinance 9 of 1913), http://statutes.agc.gov.sg/aol/search/display/view.w3p;page=0;query=Comp 

Id%3A6452e9c4-95f1-4a1f-a0d8-abe75f0c3c7b;rec=0;resUrl=http%3A%2F%2Fstatutes.agc.gov.sg%2Faol%2 

\Fbrowse%2FtitleResults.w3p%3Bletter%3DA%3Btype%3DactsAll;whole=yes. 

ces Act § 11. 

. 

. 

). 

5

 Arms Offen

6 Id. § 2. 

7 Id. § 3(1)

8 Id. § 3(2)

9 Id. § 3(4). 

10 Id. § 3(3

The Law Library of Congress 192 
Firearms-Control Legislation and Policy 

C. 

bject to certain exceptions,11 any person who uses or attempts to use any arm shall be 

guilty ses or 

attemp to ave intended to cause physical injury to a person or 

propert 13

 p itting or attempting 

to com ended 

to cause ph resent 

at the scen ly be presumed to have known that that person was 

carrying the arm shall be punished with death, unless such accomplice can prove that he took all 

f the arm.15

be presumed to be trafficking in arms until the contrary is proved.

“Trafficking in arms” under the act means to import, manufacture or deal in arms in 

contravention of the provisions of the Arms and Explosives Act, or to lend, give, sell, hire or 

offer any arm to a person who is not licensed to possess such arm.18 

. Exemptions 

The fences 

Act do not

rce or 

any written law for the time 

 Using or Attempting to Use Arms 

Su

of an offense and shall on conviction be punished with death.12 A person who u

ts use arms is presumed to h

y until the contrary is proved.

A erson convicted of using or attempting to use any arm while comm

mit any scheduled offense shall be punished with death, regardless of whether he int

ysical injury to any person or property.14 Moreover, each of his accomplices p

e of the offense who may reasonab

reasonable steps to prevent use o

D. Trafficking in Arms

Trafficking in arms is punishable with either death or imprisonment for life and with 

caning with not less than six strokes.16 Any person proved to be in unlawful possession of more 

than two arms will 17

E

 provisions on unlawful possession of arms or ammunition under the Arms Of

 apply to the following exempted persons: 

(a) a member of any visiting force lawfully present in Singapore or of the police fo

of a volunteer force or local force constituted under 

he exceptions are those set forth at Penal Code, Cap 224, §§ 76-106, STATUTES OF THE REPUB 11 T LIC OF

SINGAPORE (rev. ed. 2008) (“General Exceptions”), http://statutes.agc.gov.sg/aol/search/display/view.w3p; 

ident=3dd117ef-fda3-4694-9c59-01d19b65475c;page=0;query=DocId%3A%22025e7646-947b-462c-b557-

60aa55dc7b42%22%20Status%3Ainforce%20Depth%3A0;rec=0#P4IV_76- (other than the exception in section 95, 

which states: “Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be 

likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of 

such har

15 Id. § 5. 

m.”). 

12 Arms Offences Act § 4(1). 

13 Id. § 4(2). 

14 Id. § 4A. 

16 Id. § 6. 

17 Id. § 6(2). 

18 Id. § 2. 

The Law Library of Congress 193 
Firearms-Control Legislation and Policy 

being in force in Singapore, when the member is carrying any arm in, or in 

connection with, the performance of his duty; 

) a member of any organization or association specially authorized by the Minister by 

III. Arms and Explosives Act

 also regulates related 

offenses, such as knowingly concealing firearms imported without a license, knowingly 

purchas ing unmarked 

lastic explosives.

) firearms, air-guns, air-pistols, stun guns, electronic dart guns, automatic guns, 

istols, guns or any other kind of gun from which any shot, bullet or other 

or noxious fumes or noxious substance can be emitted, and 

The definition of “arms” in the Arms and Explosives Act differs from that in the Arms 

Offenc nal 

e, any person who possesses, imports, exports, manufactures, or deals in 

firearm license shall be guilty of an offense. The Police Licensing and Regulatory 

(b) any person who carries an arm as part of his official or ceremonial dress on any 

official or ceremonial occasion; 

(c) any person licensed or authorized to carry or possess an arm under or by virtue of any 

written law relating to arms for the time being in force in Singapore; or 

(d

notification in the Gazette, when the member is carrying any arm in, or in connection 

with, the performance of his duty.19

The Arms and Explosives Act, originally enacted in 1913, stipulates licensing 

requirements for arms, explosives, and explosive precursors. The Act

ing firearms from an unlicensed person, and offenses involv

20 p

A. Definition of Arms 

“Arms” is defined by the Arms and Explosive Act to include: 

(a

automatic p

missile can be discharged 

any component part of any such arms; 

(b) bayonets, swords, daggers, spears and spearheads; and 

(c) such weapon, accessory, or other article or thing, as the Minister may, by notification 

in the Gazette, specify to be arms for the purposes of this Act or any part thereof. 21

es Act in that it includes bayonets, swords, daggers, spears, spearheads and additio

articles that the authorized minister may specify. 

B. Licensing Requirements for Firearms 

In Singapor

s without a

es Act passim. 

19 Id. § 10. 

20 Arms and Explosiv

21 Id. § 2. 

The Law Library of Congress 194 
Firearms-Control Legislation and Policy 

Department issues two types of licenses: long-term licenses valid for two years and short-term 

licenses valid for fourteen days.22

Under the Arms and Explosives Act, no person in Singapore may, without a license, have 

 his possession or under his control any firearms, or import, export, manufacture, or deal in 

e Act means repair, sell, keep, or expose for sale.24 Exemptions from 

de certain activities carried out by order of the government, 

embers of military, and police in the course of their duty or employment, and the like.25

The Arms and Explosives Act allows the licensing officer to refuse to issue a license to 

an applicant if he determines that the applicant is not a fit and proper person to hold such a 

license or if issuing a license would be contrary to the public interest.26 

Licenses issued under the Act are subject to conditions. First, without any reason being 

given, the licensing officer may suspend or cancel a license. Second, a license expires after such 

period as is prescribed. Third, the license is generally not transferable.27 

C. Minister for Home Affairs to Prohibit Exportation by Notification 

Under the Arms and Explosives Act, the Minister for Home Affairs may, by notification 

published in the Gazette, prohibit for a stated period the exportation of firearms from Singapore, 

either absolutely or to any specified country, territory, or place outside Singapore; permit their 

exportation or removal subject to such conditions, limitations, or restrictions as he considers 

necessary; or permit their removal from place to place within Singapore.28

D. Penalties 

Any person who has in his possession or under his control the proscribed firearms is 

liable on conviction to a fine and imprisonment for a term which may extend to three years.29 

Caning may also be imposed if the offender is proved to have possession or control of the arms, 

explosives, poisonous or noxious gas, or noxious substance for the purpose of committing an 

offense punishable under the Penal Code.30 Importing, exporting, manufacturing, or dealing in 

the proscribed firearms without a license are also subject to a fine and to imprisonment for a term 

in

them.23 “Deal in” under th

the operation of the Act inclu

m

22 Singapore Police Force – Arms and Explosives, SINGAPORE CUSTOMS, http://www.customs.gov.sg/ 

leftNav/trad/TradeNet/Singapore+Police+Force+-+Arms+and+Explosives.htm (last visited Jan. 15, 2013). 

23 Arms and Explosives Act § 13. 

24 Id. § 2. 

25 Id. § 3(1). 

26 Id. § 21F. 

27 Id. § 21G. 

28 Id. § 9. 

 (4). 29 Id. § 13(3) &

30 Id. § 13(5). 

The Law Library of Congress 195 
Firearms-Control Legislation and Policy 

The Law Library of Congress 196 

three years.31 Knowingly concealing firearms that were imported unlawfully or 

ithout a license is punishable by imprisonment for up to three years and a fine.32 

Prepared by Lane

Senior Foreign Law Specialist 

not exceeding 

w

y Zhang 

31 Id. § 13(2). 

32 Id. § 22(1). 
SOUTH AFRICA 

ing a competency certificate, license, permit, or 

uthorization to possess a firearm, to deal in firearms, or to carry out other 

e must be issued for every firearm and applicants must obtain a 

ompetency certificate. To do so, an applicant should, among other things, be a 

on, an eligible individual may obtain only one license of this class, which 

ust be renewed every five years. 

decrease in firearms-related crimes since the FCA came into force, although none 

a comprehensive firearms-control regulatory regime in place. It 

consists of the Firearm 1

 of 2000 (FCA) and its subsidiary legislation, the Firearms 

Control Regulations (FCA Regulations).2 Before these laws took effect in 2004, firearms were 

FIREARMS-CONTROL LEGISLATION AND POLICY 

Summary 

South Africa’s current firearms regulatory framework consists of the 

Firearms Control Act (FCA) and its subsidiary legislation, which has been in 

place since 2004. This framework imposes strict substantive and procedural 

requirements for obtain

a

firearm-related activities, including running a firearms-training enterprise or a 

hunting business. 

Some of these requirements are of universal application. For instance, a 

separate licens

c

“fit and proper person” with no recent conviction for certain crimes, be stable, 

and not have a proclivity for violence. Other requirements vary depending on the 

type and purpose of the specific license sought. For instance, a person wishing to 

obtain a license to possess a firearm for self-defense is required to demonstrate a 

need for the weapon and inability to achieve protection through other means. In 

additi

m

Limited, mostly secondary sources located for this report point to a 

of the sources establish a direct causal effect. 

I. Introduction 

South Africa has 

s Control Act

 of 2000 (FCA), as amended, 3 BUTTERWORTHS STATUTES OF THE REPUBLIC OF

SOUTH A (rev. ed. 2011). No online source for the current version of the FCA was located. The text 

of the ori an be found on the website of the South African government, http://www.info.gov.za/view/ 

1

 Firearms Control Act 60

FRICA [BSRSA]

ginal Act c

DownloadFileAction?id=68229, along wit

w.info.gov.za/view/DownloadFil

h the text of Firearms Control Amendment Act 43 of 2003, 

http://ww eAction?id=68021. The text of Firearms Control Amendment Act 28 of 

2006 is available on the website of the South African Gunowners’ Association (SAGA), http://www.saga.org.za/ 

FCA%20Amendments%20ACT%202006% 20gaz%2030210%2020070822.pdf. 

irearms Control Regulations (FCA Regulations), No. R. 345, GOVERNMENT GAZETTE [GG], 

No. 26156 04), http://www.info.gov.za/view/DownloadFileAction?id=161734

2

 FCA 2000: F

(Mar. 26, 20 , amended by the FCA, 

The Law Library of Congress 197 
Firearms-Control Legislation and Policy 

regulated through the Arms and Ammunition Act 75 of 1969 (the 1969 AAA).3 The designated 

regulatory authority is the National Commissioner of the South African Police Service (SAPS), 

which also functions as the National Commissioner of Registrar of Firearms (the Registrar).4

This regulatory regime has put in place stringent substantive and procedural limits on 

obtaining firearms. It imposes a ban on certain firearms designat

5

ed “prohibited” firearms except 

in very ited circumstances. It also imposes thorough requirements for obtaining a license for 

e, a firearm for self-defense may be issued only if the applicant can 

emonstrate the need for a weapon and an inability to achieve protection through other means.6

 

A perso a five-year term, which 

may be renewed if the licensee continues to show compliance with all applicable requirements.7

 

of an 

accred

which is issued only after it has been determined that, among other things, the applicant does not 

ing on 

safe 

 dealers. Among the 

otable obligations is a duty to keep records on all firearms and ammunition in stock and all 

firearm

the SAPS has not released adequate statistical 

 

 lim

other firearms. For instanc

d

n who meets these standards can be issued only one license for

A person seeking a firearms license for dedicated sport shooting must be a member 

ited hunting association.8

 

All applications for a firearms license must be accompanied by a competency certificate,

have a proclivity for violence or a substance-abuse problem and he or she completes train

9 the safe and efficient handling of firearms. It also imposes equally strict rules on the 

custody of firearms.10

The regulatory regime also imposes stringent requirements on

n

s that the dealer holds on behalf of licensees, as well as the duty to link these three 

registers to a national database established by the Registrar.11 A dealer must make available for 

inspection on request by any police official all firearms, ammunition, and records that he or 

she keeps.12

The impact of the current regulatory framework on firearms-related crimes is hard to 

ascertain. This is in large part because 

 

000: Amendment of the FCA Regulations, 2004, No. R. 696, GOVERNMENT NOTICES [GN], No. 27781 (Sept. 16, 

005), http://www.info.gov.za/view/DowloadFile Action?id=161672

2

2 . 

3

 Arms and Ammunition Act 75 of 1969, STATUTES OF THE REPUBLIC OF SOUTH AFRICA (Gov. Printer, 

1969). Prior to that, the governing law was the Arms and Ammunition Act 28 of 1937 (1937 AAA), STATUTES OF 

THE UNI

6

 FCA Regulations § 37. 

ON OF SOUTH AFRICA (Cape Times Ltd., 1937). 

4

 FCA §§ 123 & 124. 

5 Id. § 4. 

Id. § 13. 

7 Id. § 24 & 27. 

8 Id. § 16. 

9 Id. § 9; FCA Regulations § 14. 

10 FCA Regulations § 86. 

11 FCA § 39;

12 FCA § 39. 

The Law Library of Congress 198 
Firearms-Control Legislation and Policy 

information on the matter since the early 2000s.13 In addition, while the FCA has been in effect 

nce 2004, it appears that various key provisions have been implemented in increments, with 

some p

into force, although none of them establish a direct causal effect. 

efinition of “firearm,” which includes 

 el or cylinder by 

 o discharge rim-fire, centre-fire or pin-

 adily altered” to be any of the above-listed firearms; 

uzzle 

f compressed gas; or 

e, or receiver of a device mentioned above.14

s.15 Also not considered firearms are stun bolts used in

slaught

si

arts, particularly certain provisions added to the FCA through a 2006 amendment, 

implemented recently and others not yet put into effect. However, limited, mostly secondary 

sources located for this report point to a decrease in firearms-related crimes since the FCA went

II. Definition of Firearm

The FCA adopts a broad d

any device that can “propel a bullet or projectile through a barr

means of burning propellant, at a muzzle energy exceeding 8 joules (6 ft-lbs)”;

anything with the capacity to “t

fire ammunition”; 

any device that can be “re

 any device designed to discharge any projectile of at least .22 calibre at a m

energy of more than 8 joules (6 ft-lbs), by means o

 any barrel, fram

However, the FCA excludes various devices that would otherwise be considered firearms

under this definition. Explosive-powered tools designed for industrial application for splitting 

rocks or concrete, or for application in the mining or steel industry for removing refractory 

materials, are not considered firearm

erhouses, antique firearms,

16 air guns, tranquilizer firearms, paintball guns, flare guns, 

and deactivated firearms.17 In addition, the FCA authorizes the Minister of Safety and Security 

(the Minister) to exclude any other device.18

TE FOR 

SECURITY

13 Lauren Tracy, The Costs of Firearm Violence – A National Public Health Priority, INSTITU

STUDIES (May 17, 2012), http://www.issafrica.org/iss_today.php?ID=1484%2613; ADÈLE KIRSTEN, A

ATION 

, 

roclamation No. 77, 2010, GG, No. 33871 (Dec. 17, 2010), http:// 

N WITHOUT GUNS? THE STORY OF GUN FREE SOUTH AFRICA 6 (Univ. KwaZulu-Natal Press, 2008). 

14 FCA § 1. 

15 Id. § 5. 

16 An “antique firearm” was defined as “any muzzle loading firearm manufactured before 1 January 1900

or any replica of such firearm.” Id. § 1. However, this definition was repealed by section 1(b) of the 2006 

amendment to the FCA, which took effect in 2011. Commencement of Certain Provisions of the Firearms Control 

Amendment Act, 2006 (Act No. 28 of 2006), P

www.info.gov.za/view/DownloadFileAction?id=137369. 

17 FCA § 5. 

18 Id. §§ 1 & 5. 

The Law Library of Congress 199 
Firearms-Control Legislation and Policy 

III. The Right to Possess Firearms

In South Africa, the right to possess firearms is not guaranteed by law. The FCA imposes 

a general ban on the possession of firearms except in limited circumstances, and they may be 

possessed only with a license, permit, or authorization issued under the provisions of the FCA.19

Certain firearms are categorized as prohibited firearms and cannot ordinarily be 

possessed or licensed under the FCA. These include any 

(a) fully automatic firearm; 

(b) gun, cannon, recoilless gun, mortar, light mortar or launcher manufactured to fire a 

rocket, grenade, self-propelled grenade, bomb, or explosive device; 

rrel of such a fully automatic firearm, gun, cannon, recoilless gun, 

ar, or launcher; 

ted in paragraph (b), (c), excluding the frame, 

c firearm, or (d); or 

imited exceptions in which prohibited firearms may be licensed for 

e in theatrical, film, or television productions.21 

s that need to be met for the proper 

orizes the Minister to add any firearm to the prohibited firearms 

lic safety or desirable for the maintenance of law 

(c) frame, body, or ba

mortar, light mort

(d) projectile or rocket manufactured to be discharged from a cannon, recoilless gun or 

mortar, or rocket launcher; 

(e) imitation of any device contempla

body, or barrel of a fully automati

(f) [altered firearm].20

The FCA stipulates l

private and public collections as well as for us

However, the FCA Regulations impose rigorous requirement

22

utilization of these exceptions.

The FCA also auth

category if doing so is “in the interest of pub

and order.”23

9 Id. § 3. Authorization for a muzzle-loading firearm requires a c 1

20

ompetency certificate. Id. 

Id. § 4. A “fully automatic firearm” is one “capable of discharging more than one shot with a single 

depression of the trigger.” Id. § 1. An “imitation firearm” is anything that has the appearance of a firearm but is not 

capable ch and cannot by superficial examination be identified as an imitation. Id. An “altered 

firearm” ism of which has been altered so as to enable the discharging of more 

than one s e trigger; (ii) the calibre of which has been altered without the written 

permissi

e Registrar.” Id. § 4.

, 18, & 19; see also Proclamation No. 77. 

gulations §§ 15–22. 

of operating as su

 includes a firearm “(i) the mechan

hot with a single depression of th

on of the Registrar; (iii) the barrel length of which has been altered without the written permission of the 

Registrar; (iv) the serial number or any other identifying mark of which has been changed or removed without the 

written permission of th

21 Id. §§ 4, 17

22 FCA Re

23 FCA § 4. 

The Law Library of Congress 200 
Firearms-Control Legislation and Policy 

IV. Competency Certificates, Licenses, Permits, Authorizations, and Accreditations

ay be made to the 

 necessary requirements set forth under its 

provisions, including providing a full set of fingerprints.25 Significantly, the person must 

possess

ant is a 

ridical person, the FCA requires that the entity be represented by a natural person who is to be 

identifi

. Accreditation 

The FCA requires accreditation before a license for certain activities or businesses related 

to firea

or television productions; 

 government institutions.29

The FCA provides a list of minimum mandatory criteria that the Registrar must impose 

when reviewing an application for accreditation. These are 

An application for a firearm license, permit, or authorization m

Registrar of Firearms by a natural or juridical person.24 When the applicant is a natural person, 

the FCA requires that the person comply with all the

 the relevant competency certificate, which is issued, among other things, only after the 

successful completion of training and a test on the efficient and safe handling of a firearm by an 

accredited training provider or the Safety and Security Training Authority.26 If the applic

ju

ed in the license, permit, or authorization as the responsible person and who would be 

considered the holder of the license under the FCA.27

A

rms can be issued.28 These include 

 public collectors or museums;

 hunting associations or sport-shooting organizations;

 collectors’ associations;

 shooting ranges;

 those that provide training in the use of firearms;

 those that provide firearms for use in theatrical, film, 

 game ranchers;

 those that run hunting businesses;

 those that use firearms for business purposes; and

& 7. 

http://www. 

24 Id. §§ 6 

25 Id. § 6; FCA Regulations § 13. 

26 FCA § 6; Application for a New Firearm License, SOUTH AFRICA GOVERNMENT SERVICES, 

services.gov.za/services/content/Home/ServicesForPeople/Dealingwiththelaw/firearms/firearmlicence/en_ZA (last

visited Jan. 28, 2013). 

27 FCA § 7. 

28 Id. § 8. 

29 FCA Regulations §§ 2–12. 

The Law Library of Congress 201 
Firearms-Control Legislation and Policy 

a) trustworthiness and integrity;

b) suitability to perform the relevant functions in terms of the Act;

c) capacity to serve the purpose of the accreditation; and

d) capacity to advance the purposes of the Act.30

The FCA authorizes the Minister to issue additional criteria applicable to specific 

accreditations through regulations.31 Accordingly, the Minister has issued additional 

accreditation criteria for each of the above-listed specific firearms-license applications.32

The Registrar may cancel an accreditation in certain instances, including if t eh holder of 

n accr

ss a firearm, trade in firearms, manufacture 

here the 

34 A 

a ted only if the applicant 

 is stable and does not have a proclivity for violence;

or 

tability;36

a editation fails to comply with any applicable criterion, is no longer qualified, or violates 

requirements under the FCA or terms of the accreditation.33

B. Competency Certificate 

The FCA requires that an application to posse

firearms, or be licensed as a gunsmith be submitted to a Firearms Officer for the area w

applicant currently maintains or will in the future maintain his or her residence or business.

first-time application for a competency certificate may be gr n

 is at least twenty-one years old;35

 is a citizen or a permanent resident;

 is a “fit and proper person” for the license he or she is seeking;

 does not have a substance-abuse problem;

 has no conviction within the five years immediately preceding the application f

certain crimes related to violence, dishonesty, recklessness, or ins

30

 FCA § 8. 

31 Id. 

32 FCA Regulations §§ 2–12. 

33 FCA § 8. 

t 

 the 

1969 AA on served a prison term without the option of a fine applied; for the unlawful 

use or ha ny jurisdiction; for violence or sexual abuse for which he or she served a prison term 

with no op urisdiction; for physical or sexual abuse within a domestic relationship in any 

jurisdicti in relation to application(s) for a competency certificate, license, permit, or authorization 

under th r an offense relating to substance abuse for which he or she served a prison term 

without th risdiction; for dealing drugs for which he or she served a prison term with no 

34 Id. § 9. 

35 The Registrar may waive this requirement for “compelling reasons,” including if the underage applican

runs a business, is gainfully employed, or is a dedicated hunter, sports person, or private collector. Id. 

36 The FCA lists various specific crimes in this regard. These include a conviction under the FCA or

A for which the convicted pers

ndling of a firearm in a

tion for a fine in any j

on; for fraud

e FCA or the 1969 AAA; fo

e option of a fine in any ju

The Law Library of Congress 202 
Firearms-Control Legislation and Policy 

 has not “become or been declared unfit to possess a firearm” under the FCA or the

1969 AAA within the five years preceding the application; and

anding of the FCA, the training and 

nd all other applicable training and 

37

 A competency certificate to possess a 

firearm, trade in firearms, manufacture firearms, or open a gunsmith business is valid for as long 

as the l

For instance, it requires anyone 

ho provides a recommendation on behalf of any applicant to attest that the applicant 

 is a fit and proper person to be issued a competency certificate, license, permit, or

he purpose of determining whether the applicant is a fit and proper person, is in 

stable mental condition, or has a tendency for violence or a substance-abuse problem. An 

investig tio eding the application the applicant, 

mong other things, 

has attempted suicide, suffered major depression or emotional problems, or had a

substance-abuse problem;

 has been diagnosed or treated for depression, substance abuse, or behavioral or

emotional problems;

 has completed all the required tests on his underst

test for the safe and effective use of a firearm, a

tests for the specific license he or she is seeking.

Competency certificates are not permanent.

icense to which it relates remains valid, unless the certificate is terminated or renewed.38 

A competency certificate relating to a muzzle-loading firearm is issued for ten years.39

The FCA Regulations impose additional requirements. 

w

authorization;

 is in stable mental condition and does not have a propensity for violence; and

 does not suffer from a substance-abuse problem.40

Upon receiving an application for a competency certificate, the Registrar may launch an 

investigation for t

a n would be launched if in the five years prec

a

 has been served with a protection order or accused of domestic violence, necessitating

a police visit to his or her residence;

 has been denied a license, permit, or authorization for a firearm;



option o for any offense under the South African Domestic Relation Act 116 of 1998 for which he served a 

prison term no option of a fine; for an offense relating to “negligent handling of a firearm”; for an offense 

under th

violence, arson, intimidation, rape, kidnapping, or child stealing in any jurisdiction. Id. 

All of th

 FCA Regulations § 14. 

& 10A. 

 10. 

 Regulations § 13. 

f a fine;

 with

e Explosives Act 26 of 1956 for which he or she served a prison term with no option of a fine; or for 

sabotage, terrorism, public 

e above-listed offenses also include conspiracy, incitement, or attempt to commit such offense. Id. 

37 Id.;

38 FCA §§ 10

39 Id. §

40 FCA

The Law Library of Congress 203 
Firearms-Control Legislation and Policy 

 has been reported to the police or social services for threatening or attempting

violence or other conflict anywhere;

or if in the 

piled by a psychiatrist or psychologist 

on the a

The FCA requires that the Registrar issue a se

followi

ay issue an additional license 

with re

e 

to appl

 

two years preceding the application the applicant

 went through a divorce or separation from a partner in which violence was alleged, or

 was fired or laid off from his or her job.41

In the course of investigating an applicant for a competency certificate, the Registrar may 

require the applicant to submit a doctor’s certificate regarding the applicant’s dependence on 

intoxicating or narcotic substances42 and/or a report com

pplicant’s mental condition or propensity for violence.43

C. Licenses to Possess Firearms 

parate license in respect of each of the 

ng firearms: firearms for self-defense; restricted firearms for self-defense; firearms for 

occasional hunting and sport shooting; firearms for dedicated hunting and dedicated sport 

shooting; firearms for private collection; firearms for public collection; firearms for business 

purposes; firearms for temporary possession.44 The Registrar m

spect to a single firearm to everyone who resides in the same premises as the 

license holder.45

1. License to Posses a Firearm for Self-Defense

In this category, the Registrar may issue a license for any shotgun that is not fully or 

semiautomatic or for a handgun that is not fully automatic.46 While any natural person is eligibl

y, a license is issued only if the applicant “needs a firearm for self-defense” and cannot 

“reasonably satisfy the need by means other than the possession of a firearm.”47 A person is 

ermitted to hold only one license of this kind.48 p

lations § 14. 

 the FCA permits the issuance of a single document containing licenses with respect 

to more th

However, this only applies to firearms licensed for self-defense as well as hunting and sportsshooting

13. 

41 Id. §§ 14 & 124. 

42 FCA Regu

43 Id. 

44 FCA § 11. However,

an one firearm. 

45 Id. § 12. 

. Id. 

46 Id. § 

47 Id. 

48 Id. 

The Law Library of Congress 204 
Firearms-Control Legislation and Policy 

A l

e licensee continues to comply with all the applicable requirements.

firearm includes any semiautomatic rifle or shotgun that cannot be readily 

converted into a fully automatic firearm, or any firearm declared as such by the Minister.50 The 

Registr

 qualifying person can hold only one license for a restricted firearm for a two-year term, 

which c

3. License to Possess a Firearm for Occasional Hunting and Sport Shooting

In this category, the Registrar may issue a license for any handgun (which is not fully 

automa

cense of a different class. For instance, an applicant who has a 

license to possess a firearm for self-defense can be issued a maximum of three licenses in this 

categor

A license in this class is issued for a ten-year term and may be renewed if the licensee is 

in compliance with all the applicable rules.57 

icense in this category is issued for a five-year term and may be renewed provided that 

49 th

2. License to Possess a Restricted Firearm for Self-Defense

A restricted 

ar may issue a license for a restricted firearm to any natural person if he or she can 

demonstrate that a license to possess a firearm for self-defense (see section C(1) above) “will not 

provide sufficient protection” and submits “reasonable information to motivate the need for a 

restricted firearm for self-defense purposes.”51 

A

an be renewed if the licensee continues to be in compliance with all applicable rules.52

tic) or a rifle or shotgun (which is not semi- or fully automatic) that is not a restricted 

firearm, or a barrel, frame, or receiver of any of these firearms.53 

There are limitations on the number of licenses that may be issued in this class. Any 

natural person who is an occasional hunter or sports person is eligible for a maximum of four 

ten-year-term licenses.54 The number of licenses that can be issued may be less depending on 

whether the applicant holds a li

y.

55 In addition, an applicant cannot be licensed for more than one handgun.56

§ 24 & 27. 49 Id. §

50 Id. § 14. 

51 Id. 

52 Id. §§ 14, 24 & 27. 

53 Id. § 15. 

54 Id. 

55 Id. 

56 Id. § 15. 

57 Id. §§ 24 & 27. 

The Law Library of Congress 205 
Firearms-Control Legislation and Policy 

4. License to Possess Firearm for Dedicated Hunting and Dedicated Sports Shooting

The Registrar is authorized to license the following kinds of firearms in this category: a 

handgun, rifle, or shotgun that is not fully automatic; a semiautomatic shotgun with the capacity 

to fire a maximum of five shots before it has to be reloaded; or a barrel, frame, or receiver of any 

of these

license ooting 

organizatio lication should include a sworn statement or a solemn 

declara nt is a 

registered m

censee 

continues t

5. License to Posses a Firearm in a Private Collection

Any firearm, including a prohibited firearm, can be licensed in this category.61 However, 

the fire

 be at least fifty years old 

nd have an attribute of collectability that is of historical, cultural, artistic, technological, 

 firearms.58

The FCA imposes certain requirements for applicants in this category. In order to be 

d, an applicant should be a member of an accredited hunting association or sport-sh

n and the license app

tion from a chairperson of the association or organization indicating that the applica

ember.59 

A license in this category is issued for a ten-year term and can be renewed if the li

o be in compliance with all applicable requirements.60

arm must be one approved for collection by an accredited collectors association; the 

applicant must be a member of an accredited collectors association; and the license application 

must be accompanied by a sworn statement or solemn declaration from the chairperson of the 

association verifying the applicant’s membership.62 The firearm must

a

heritage, or scientific value.63 

This type of license is issued for a ten-year term and may be renewed if the licensee is in 

compliance with all applicable requirements.64 

58 Id. § 16. 

59 Id. 

60 Id. §§ 24 & 27. 

61 Id. § 17. 

62 Id. 

63 FCA Regulations § 15. A prohibited firearm that does not meet the age and collectability standards may 

still be licensed if its production has been discontinued for at least ten years, and it will likely become of collectable 

interest f logical, scientific, heritage, educational, cultural, or artistic perspective; it is part of a 

commem ition; it will fit in as part of a demonstrable theme of future value, where the 

likelihood sufficiently demonstrated or motivated; it is proven or generally accepted to 

be assoc ith famous or infamous people or events; it is currently considered to be nationally or internationally 

scarce or of 

 or 

 well-known historical firearm; or it 

is an inv vice of significant value. Id. 

rom a historic, techno

orative issuance or limited ed

of such future value can be

iated w

 rare for an acceptable reason; its design materials or method of manufacture are unusual or unique and

historic interest; it is a significantly valuable example of custom or one-off building by a well-known gunmaker

gunsmith; it is a prototype or part of a limited production run; it is a replica of a

estment-grade firearm or de

64 FCA §§ 24 & 27. 

The Law Library of Congress 206 
Firearms-Control Legislation and Policy 

Both the FCA and FCA Regulations impose rigorous safety requirements for holders of 

licenses in this category. A storage place is specified in every license, and 

65

the licensee is 

quired to store the firearm at the specified place. The licensee may put the firearm on public 

display pro

 in which, it is 

displayed by a metal attachment, chain, metal cable or similar device in such manner 

; and 

) the firearm is not displayed with, and is not readily accessible to, ammunition that can 

 impose rigorous restrictions with regard to licensees 

roviding firearms for use by other people. For instance, a person holding a license to possess a 

irearm

lid official identification 

documents and a written authorization document issued by the holder of the license detailing the 

specific firearm; its intended use and period of use; and the reason for its use and 

place o The holder of a license in this category is required to keep a register of 

all firearm

ued in this category is five or ten years, depending on the specific 

type. F enses issued to a game rancher or to hunting businesses have a ten-year term, 

re

vided that

(a) the firearm is unloaded; 

(b) the firearm, if it is a handgun, is displayed in a lockable display cabinet; or 

(c) where the firearm is on open display, it must be rendered inoperable by means of a 

secure locking device; or 

(d) the firearm is securely attached to a non-portable structure on which, or

that the firearm cannot readily be removed

(e

be discharged from it, except where such firearm or ammunition is displayed in a 

locked display cabinet or similar device.66

6. License to Posses a Firearm for Business Purposes

The Registrar may issue a license for any firearm other than a prohibited firearm to a 

security service provider who holds a firearms competency certificate,67 or anyone accredited to 

provide training for use of firearms; to provide firearms for use in theatrical, film, or television 

production, to conduct a hunting business; or to be a game rancher.68 

 The FCA and FCA Regulations

p

f for a business purpose can provide the firearm for use by another person only if it is for 

business use as specified in the license and the person carries va

ations of the

f use.69 70 s.

The term of licenses iss

irearms lic

65

, but additional conditions apply. Id. 

 Regulations § 21. 

A Regulations § 22. 

Id. § 17. 

66 FCA Regulations § 16. 

67 Id. 

68 FCA § 20. A prohibited firearm may be issued to a person accredited to provide firearms for use in 

theatrical, film, or television productions

69 FCA

70 FCA § 20; FC

The Law Library of Congress 207 
Firearms-Control Legislation and Policy 

whereas all other licenses are issued for a five-year term.71 All licenses are eligible for renewal 

provided the applicant remains in compliance with all applicable requirements.72

7. Temporary Authorization to Possess a Firearm

ion can be issued to anyone, including an alien.73 Among other 

things, applicants are required to submit a written motivation for their use of the firearm, 

includi

earms License 

things, to ensure that the person is afforded due time and opportunity to challenge the allegations 

made against him or her, as well as to request the appearance of and examine anyone who has 

made a statement against him or her.80 

ition, a conviction for certain crimes automatically renders a person unfit to possess 

a firear e court that convicted the person says otherwise.81 

A temporary authorizat

ng information on steps they plan to take to ensure the safe custody of the firearm, and a 

declaration that they have the capability to ensure safe custody of the firearm.74 An 

authorization of this kind is valid for “the firearm and period and specific use specified in the 

authorization.”75 The Registrar may require an applicant to complete any relevant training.76

D. Termination of a Fir

Any of the licenses discussed above may be terminated under certain circumstances. A 

license may terminate if the period of time for which it is issued expires, the holder of the license 

surrenders it, or if the license is cancelled under provisions of the FCA.77 Significantly, it may 

be terminated if the holder of the license “becomes or is declared unfit to possess a firearm.”78

A person may be declared unfit to posses a firearm by the Registrar. The Registrar may 

declare someone unfit if a final protection order has been issued against him or her under the 

Domestic Violence Act.79 Before taking any action, the Registrar is required, among other 

In add

m unless th

 

74

75

76

e yet 

to take e nder 

oath or a that he has threatened to take his own life or the life of another person with a firearm or other 

weapon; he 

required ponse 

to any re

71 FCA § 27.

72 Id. § 24. 

73 Id. § 21. 

 FCA Regulations § 23. 

Id. § 24. 

Id. 

77 FCA § 28. 

78 Id. 

79 Id. § 102. Additional factors for declaring a person unfit have also been enacted although they hav

ffect. Under these additional factors, a person may be declared unfit based on information provided u

ffirmation

 he has mental problems, a propensity for violence, or a substance-abuse problem; he has failed to take t

 steps to ensure the safekeeping of a firearm; or he has provided false or misleading information in res

quirement under the FCA. Id.

80 Id. 

81 Id. § 103. 

The Law Library of Congress 208 
Firearms-Control Legislation and Policy 

If a person is declared unfit, all competency certificates, licenses, authorizations, and 

permits issued to him are automatically terminated and remain so even during an appeal process, 

 any. In this situation, a person is required to surrender any competency certificates, 

he nearest police station immediately.83 

se, an applicant must be a “fit and proper person to trade in firearms.” A 

dealer’s license is issued for a one-year term and may be renewed if, among other things, the 

license

us duties associated with a dealer’s license. Dealers must follow specific 

record-keeping requirements and keep a register of every firearm and all ammunition they have 

ce, in a Firearms Stock Register and an Ammunition Stock 

egister. They must also keep a record in a separate Firearms Safe Custody Register of all the 

firearm

 keep. In addition, when 

if 82

licenses, authorizations, and permits to t

E. Firearms Dealers 

A person may not trade in firearms or ammunition without a license.84 In order to be 

issued a dealer’s licen 85

e continues to be in compliance with all applicable requirements.86 While a dealer’s 

license is not transferrable, another person who has a competency certificate may engage in trade 

on behalf of a licensed dealer.87 

There are vario

in stock, regardless of the sour

88 R

s they receive and hold on behalf of any licensee.89 Dealers are also required to establish 

a workstation linking all these registers to the central dealers’ database established by the 

Registrar,90 as well as make available for inspection by any police official any firearm or 

ammunition in stock, their dealer’s license, and any register they 91

82 Id. § 104. 

83 Id. 

84 Id. § 31. 

85 Id. § 32. 

86 Id. §§ 35 & 42. The term of a license in this class was extended from one to five years in 2006; however, 

the amending provision has yet to take effect. 

1. 

ion 40 of the FCA Regulations provides that the central database 

is to cont

cuments submitted by an applicant on the prescribed form 

 13 regarding a competency certificate, dealer’s licence, authorisation, renewal or 

c ant information in respect of the suspension or termination 

 information on a competency certificate, license, authorisation, permit and a renewal or 

ereof, that were issued or refused as a result of an application; and 

details and information submitted by a dealer in respect of the acquisition, transfer and 

di l of a firearm or ammunition effected under the Act. 

87 Id.; FCA Regulations § 3

88 FCA § 39; FCA Regulations § 37. 

89 FCA Regulations § 37. 

90 FCA § 39; FCA Regulations § 37. Sect

ain 

(a) the information and supporting do

under regulation

opy thereof, as well as, the relev

thereof; 

(b) the

copy th

(c) the 

sposa

91 FCA § 39. 

The Law Library of Congress 209 
Firearms-Control Legislation and Policy 

approached by a holder of a license for possession of a prohibited firearm, dealers are required to 

seek and obtain a written confirmation from the Registrar before transfe 92 rring such firearm.

irearms 

s do not have their firearm on their person, they must store the 

rearm and its ammunition in a safe or a strong room that meets the requirements of the South 

African

irearms Officer, and the firearm is stored 

in a safe that meets the above standards that is located at a place stipulated in the 

written

 accordance with the 

provisions of the FCA. The FCA states that unless specifically permitted, no one may allow, 

carry, o

 firearm-free zones. Police 

officials may conduct warrantless searches of any building or premise within a firearm-free zone 

if they

r of any premise can apply to have the premise declared a 

firearm The application must include reasons for seeking the declaration, 

F. Safe Custody of F

When license holder

fi

 Bureau of Standards (SABS), standards 953-1 and 953-2.93 The same requirement 

applies to dealers.94 

A person who is licensed to possess a firearm may store a firearm licensed to another 

person if he or she obtains written permission from the person to whom the firearm is licensed, 

the authorization is endorsed by a relevant Designated F

 permission.95 

G. Firearm-free Zones 

The FCA authorizes the Minister, in consultation with certain authorities, to declare any 

place to be a firearm-free zone if doing so is in the public interest and in

96

r store any firearm or ammunition in a firearm-free zone.97 

The FCA gives police broad search and seizure powers in

 have a “suspicion on reasonable ground” regarding the presence of a firearm or 

ammunition.98 They may also search without a warrant any person in a firearm-free zone.99 In 

addition, the police may seize any unauthorized firearm or ammunition in a firearm-free zone.100 

Any owner or lawful occupie

101 -free zone.

lations § 31. 

so Peter Smith, Safekeeping and the FCA: Safes and Strong Rooms and the Firearms 

Control Ac A ARMS AND AMMUNITION COLLECTORS ASSOCIATION – GAUTENG, http://www.saaaca. 

92 FCA Regu

93 Id. § 86; see al

t, SOUTH AFRIC

org.za/ ? =822 page_id (last updated Jan. 3, 2012). 

Regulations § 86; FCA § 124. 

 140. 

ns § 109. 

94 Id. 

95 FCA 

96 FCA §

97 Id. 

98 Id. 

99 Id. 

100 Id. 

101 FCA Regulatio

The Law Library of Congress 210 
Firearms-Control Legislation and Policy 

availability of the capacity to maintain the premise as a firearm-free zone, and a means for 

informing the public of the premise’s status as a firearm-free zone.102 

Violation or failure to comply with the provisions of the FCA or the terms of a license, 

ffense.103 

uthorizations. It makes it an offense to fraudulently alter, use, or possess 

any fraudulently altered document.106 It is also an offense to use any document issued to 

som

 to the police is 

considered an offense, whether by the person licensed to possess the firearm or anyone who was 

in p

in great detail, the terms ranging from two to twenty-five years. In addition, if the penalty 

stipulated for the offense in question is a fine or prison term of up to five years, additional 

administrative fines are imposed.112

V. Offenses and Penalties 

A. Under the FCA 

permit, or authorization is an o

Failure to lock a firearm in a safe, strong room or device as required by law is an 

offense.104 A person also commits an offense if he or she loses possession of a firearm by failing 

to take the necessary steps to ensure is safekeeping.105 

The FCA also stipulates various offenses regarding the use of competency certificates, 

licenses, permits, or a

eone else or to allow the use of such document by another person.107 In addition, it 

criminalizes supplying false information in any document required for submission under the 

FCA, or while acquiring any of these documents or filling out registers.108

Additionally, failure to report the loss, theft, or destruction of a firearm

ossession of the firearm when it was lost, stolen or destroyed.109

The FCA states that a person convicted of an offense under its provisions may be subject 

to a fine or imprisonment.110 The maximum possible prison term for each offense is spelled out 

111

. 

122. 

102 Id. 

103 FCA § 120. 

104 Id. 

105 Id. 

106 Id. 

107 Id. 

108 Id. 

109 Id. 

110 Id. 

111 Id. § 121

112 Id. §

The Law Library of Congress 211 
Firearms-Control Legislation and Policy 

B. Under the FCA Regulations 

Anyone who violates or fails to comply with the FCA Regulations commits an offense.113 

Anyone

ered firearms, the country had an 

estimated 500,000 to 4 million illegal firearms in circulation.120 In comparison, the combined 

hol

efore the FCA took effect, firearms-related crimes were very high. In 1994, 26,832 

murders were committed, 11,134 of which involved firearms.122 While the country saw a 

m 1994 through 2000, there was an 8% increase in the number of 

, from 41% of all murders in 1994 to 49% in 2000.123 The number of 

 who makes a false claim with regard to his or her accreditation or that of another person, 

or provides any false information while providing information required by the Regulations also 

commits an offense.114 A conviction under the Regulations is punishable by a fine and/or 

imprisonment of up to one year.115

VI. Statistical Information

Before the FCA took effect in 2004, there were an estimated 4.5 million registered 

firearms in South Africa, of which around 3.5 million (78%) were held by individuals.116 

Around 190,000 licenses were issued annually from 1994 through 1999, and over 13,000 

individuals had more than ten firearms to their name.117 The years since 2004 have seen a drop 

in the number of legal firearms possessed, with a figure of 3.7 million registered firearms 

recorded in 2008.118 

All the same, it appears that South Africa remains among the countries with the highest 

firearms circulation. A 2007 survey ranked South Africa seventeenth in the world in private 

firearms holdings.119 At that time, in addition to regist

dings of firearms by the police and army were said to be around 570,000.121 

B

decline in overall murders fro

firearms-related murders

113 FCA Regulations § 110. 

114 Id. 

115 Id. 

116 Robert Chetty, Firearm Distribution in South Africa, in FIREARM USE AND DISTRIBUTION IN SOUTH

AFRICA

ll/ 

32, 33 (National Crime Prevention Centre, 2000). 

117 Id. 

118 KIRSTEN, supra note 13, at 4. 

119 Aaron Karp, Completing the Count: Civilian Firearms, in SMALL ARMS SURVEY 39, 47 (Graduate 

Institute of International Studies, 2007), http://www.smallarmssurvey.org/fileadmin/docs/A-Yearbook/2007/ en/fu

Small-Arms-Survey-2007-Chapter-02-EN.pdf. 

nnexe 3; KIRSTEN, supra note 13, at 6. 

Id. at 6. 

120 Id., A

121 KIRSTEN, supra note 13, at 4. 

122

123 Id. 

The Law Library of Congress 212 
Firearms-Control Legislation and Policy 

The Law Library of Congress 213 

ted with firearms, which had accounted for 48% of all crimes in 1995–96, jumped 

to 63% by 1998.124 

Accurate information on the distribu d crimes committed with firearms after the 

FCA took effect in 2004 is difficult to obtain. This is in large part because the South African 

Police Service (S rly 2000s.125 In 

addition, it appears that South Africa is still fine-tuning its firearms regulatory regime; the FCA 

has been implemented incrementally, and v amendments made to it in 2006 took effect 

only recently, with more yet to come.126

re has 

been a ed by 

SAPS s cline. 

In 2004 orted, 

while i o 

shows exual

offenses, assault, robbery with aggravated circumstances, and common robbery) since 2004.128 

For instance, from 2003–2010, there was a marked downward trend in murders (with an 8.6% 

mpted murders (which declined by 6.1%).129 Since the FCA took effect, 

firearm said to have fallen by 21%.130 

Foreign Law Specialist 

crimes commit

tion of an

APS) reportedly stopped releasing data on the subject in the ea

arious key 

Nevertheless, the limited number of sources located for this report suggest that the

general decline in firearms-related crimes since 2004. A recent statistical report issu

howed cases of illegal possession of firearms and ammunition exhibiting a slight de

–2005, 15,497 cases of illegal possession of firearms and ammunition were rep

n 2011–2012 the number of similar cases was down to 14,461.127 Recent SAPS data als

an overall decline in the prevalence of contact crimes (murder, attempted murder, s

decrease) and atte

s-related offenses are 

However, it appears that that the causal effect of the FCA on the decline in firearms-related 

crimes has yet to be established.131 

Prepared by Hanibal Goitom 

124 Stephen Burrow et al., The Extent of Firearm Deaths and Injuries in South Africa, in FIREARM USE AND

DISTRIBUTION IN SOUTH AFRICA 51 (National Crime Prevention Centre, 2000). 

125 Tracy, supra note 13; KIRSTEN, supra note 13, at 6. 

126 See Commencement of Certain Provisions of the Firearms Control Amendment Act, 2006 (Act 28 of 

2006), No. 77, 2010, GG, No. 33871 (Dec. 17, 2010), http://www.info.gov.za/view/DownloadFileAction?id= 

137369; see also Commencement of Certain Provisions of the Firearms Control Amendment Act, 2006 (Feb. 17, 

2012). http://www.info.gov.za/view/DownloadFileAction?id=160124. 

127 Illegal Possession of Firearms and Ammunition in RSA for April to March 2004/2005 to 2011/2012, 

CRIME RESEARCH AND STATISTICS – SOUTH AFRICA POLICE SERVICE, http://www.saps.gov.za/ statistics/reports/ 

crimestats/2012/categories/illegal_pos_firearm_ammunition.pdf. 

ork In 

11 

128 Lauren Tracy, South Africa: Implementing The Firearms Control Act – A Complete Failure Or W

Progress?, INSTITUTE FOR SECURITY STUDIES (July 11, 2011), available at http://allafrica.com/stories/201107

1819.html. 

129 Id. 

130 Ntombi D

ec. 15, 2012

yosop, Did Gun Control Cause Fall in Gun Crime? The Data Backs the Claim, AFRICA 

CHECK (D ), http://www.africacheck.org/reports/did-gun-control-cause-fall-in-gun-crime-the-data-backsthe-claim/. 

131 Id.; see also Tracy, supra note 13. 
SPAIN 

FIREARMS-CONTROL LEGISLATION AND POLICY 

Summary

The regulation of guns in Spain is highly restrictive. The bearing of arms 

e required according to the type of weapon to be used. Firearms 

licenses for personal security are restricted to those who can prove that a real 

cumstances of self-protection, or for the practice of 

orts, such as hunting or sports shooting.

The Spanish Constitution does not conceive of the right to bear arms as an individual 

right. 

who are the persons in charge of providing security to the population. 

Individ ir own security.4

II. Leg

tution has reserved to the state the exclusive competence on issues related to 

the pro

by civilians is not considered a right but a privilege that may be granted by the 

government if legal conditions are met. Guns are regulated by the Ministry of the 

Interior through the General Directorate of the Civil Guard. Different types of 

licenses ar

danger to their security exists. Automatic weapons are strictly forbidden 

to civilians. 

I. Introduction 

Although the Spanish Constitution does not include an explicit prohibition on the 

possession of firearms by individuals,1

 the law on firearms is extremely restrictive.2 There has 

always been unanimous consent by Spanish society that possession of firearms should be strictly 

limited and considered an exceptional privilege granted to those who need it because of the 

nature of their duties, because of extreme cir

3 sp

In Spain as well as in Europe in general (with the exception of Switzerland), the

organization of the state is based on a model of professional armed police forces within the 

administration of the state, 

uals are not expected to provide for the

al Framework on Firearms

The Consti

duction, trade, possession, and use of firearms and explosives.5 In furtherance of this 

1

 CONSTITUCIÓN ESPAÑOLA [C.E.] [SPANISH CONSTITUTION], Dec. 27, 1978, BOLETÍN OFICIAL DEL 

ESTADO [B.O.E.], Dec. 29, 1978, http://www.boe.es/buscar/act.php?id=BOE-A-1978-31229. 

EA? 190 (Ariel 

.26. 

2

 ROSER MARTÍNEZ QUIRANTE, ARMAS: LIBERTAD AMERICANA O PREVENCIÓN EUROP

Derecho, Barcelona, 2002). 

3 Id. at 191. 

4 Id. 

5

 C.E. art. 149.1

The Law Library of Congress 214 
Firearms-Control Legislation and Policy 

constitu

dministrative

licenses or permits for the use of firearms, especially when a permit is issued for self-defense, 

which i

Reaffirming the principle that public security is provided only by the state,10 the Ley de 

Fuerzas rity Forces)11 assigns to the Ministry of Interior 

through the Guardia Civil (Civil Guard) jurisdiction over matters involving firearms

and explosives.

The restrictions on the possess viduals and the state’s exclusive role 

with regard to firearms regulation is clea ada (Law on 

 wh guaranteed by the public 

authorities. Not even private security guards may use firearms to perform their duties, except 

guards in c of 

money and other val ance of factories, and storage or 

r 

ated out 

rity servic Law on Private Security and may be used 

tional principle, the Ley Orgánica sobre la Protección de la Seguridad Ciudadana 

(LOPSC) (Law on the Protection of the Security of the Citizenry)6

 regulates activities related to 

firearms and explosives, empowering the state to intervene in matters related to the 

manufacturing, sale, possession, and use of firearms, and includes penalties for violations of the 

regulations.7

 The LOPSC establishes the restrictive character of the issuance of a

s limited to instances of extreme necessity.8

 It also empowers the government to regulate 

the prohibition of specific firearms, ammunition, and explosives that are especially dangerous, as 

well as their storage.9

 y Cuerpos de Seguridad (Law on Secu

12

13

ion of firearms by indi

rly reflected in the Ley de Seguridad Priv

Private Security),14

15

ich provides that the security of the population is

for security harge of the protection of the storage, classification, and transportation 

uables, the protection and surveill

transportation of firearm

establishments loc

s and explosives, or those guarding hazardous facilities o

in isolated areas.16 The types of firearms to be used while carrying

private secu

exclusively while perform

es are determined by the

ing those duties.17

6

 Ley Orgánica 1/1992 sobre Protección de la Seguridad Ciudadana [Law on the Protection of the Security 

of the Citizenry] arts. 6 & 7, B.O.E. Feb. 22, 1992, http://www.boe.es/buscar/act.php?id=BOE-A-1992-

4252&tn=1&p=20061122#cii. 

7

 MARTÍNEZ QUIRANTE, supra note 2, at 199. 

.E. Mar. 

w.boe.es/buscar/act.php?id=BOE-A-1986-6859

8

 Ley Orgánica 1/1992, art. 7.1.b. 

9 Id. art. 7.1.c. 

10 Id. art. 1.1 

11 Ley Orgánica 2/1986, de Fuerzas y Cuerpos de Seguridad [Law on Security Forces] art. 1.1, B.O

14, 1986, http://ww . 

uasi-military status. 12 The Guardia Civil is a federal police force with q

13 Ley Orgánica 2/1986, art. 12.1.B.a. 

14 Ley 23/1992 de Seguridad Privada [Law on Private Security], B.O.E Aug. 4, 1992, 

http://www.boe.es/buscar/act.php?id=BOE-A-1992-18489. 

15 Id., Exposición de Motivos, Apartado III.2. 

16 Id. art. 14.1. 

17 Id. art. 14.2. 

The Law Library of Congress 215 
Firearms-Control Legislation and Policy 

However, the backbone of the legal framework on firearms is the 1993 Reglamento de 

rmas (R.A.) (Regulation on Firearms),18 which transposed European Union Directive 

91/477

g, possession, circulation, storage, and trade of firearms by private 

individuals. It does not apply to firearms used by the armed forces, police, or security forces but 

does ap

A

/CEE on firearms19 to domestic law and implemented the LOPSC.20 The R.A. was 

recently amended by Royal Decree 976/201121 to transpose Directive 2008/51/CE of the 

European Parliament on the control of the acquisition and possession of firearms.22

The R.A. provides for the comprehensive and detailed treatment of firearms, and includes 

requirements for manufacturin

ply to the privately-held weapons of these individuals.23 

The R.A. classifies firearms as follows: 

Table 1: 

Firearms Categories24

Category 1 and 2 Short firearms and long firearms with rifled barrels

Category 3 Long firearms with rifled barrels for sports shooting, shotguns, air guns with 

muzzle energy in excess of 24.2 joules.

Category 4 and 5 Compressed air rifles and pistols, edged weapons, and knives or machetes

Category 6 Antique or historic firearms

Category 7 Crossbows, bows, blank firing guns, and flare guns.

l Decreto 137/1993 sobre Reglamento de Armas [R.A.] [Regulation on Firearms], B.O.E. Mar. 5, 

1993, htt scar/act.php?id=BOE-A-1993-6202

18 Rea

p://www.boe.es/bu . 

tive 91/477/EEC of 18 June 1991 on the Control of the Acquisition and Possession of 

Weapon

19 Council Direc

s, 1991 O.J. (L 256) 51, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31991L 

0477:EN:HTML. 

20 See MARTÍNEZ QUIRANTE, supra note 2, at 201. 

21 Real Decreto 976/2011 que Modifica el Reglamento de Armas [Royal Decree 976/2011, Amending the 

Regulation on Firearms], B.O.E. July 9, 2011, http://www.boe.es/buscar/doc.php?id=BOE-A-2011-11778. 

22 Council Directive 2008/51/CE of 21 May 2008 amending Council Directive 91/477/EEC of 18 June 

1991 on the Control of the Acquisition and Possession of Weapons, 2008 O.J. (L 179) 5–11, http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:179:0005:0011:EN:PDF. 

23 MARTÍNEZ QUIRANTE, supra note 2, at 201. 

24 R.A. art. 3. 

The Law Library of Congress 216 
Firearms-Control Legislation and Policy 

III. Licensing Requirements

The minimum age for gun ownership in Spai inors 

urteen

r sports shooting

and his parent or legal representative, (2) holding a permit issued to the parent or legal 

representative to use the type of firearms to be used by the m nor, and (3) submitting a physical 

aptitu

Only licen

or ammunition,26 the intended firearm.27 

for a 

possess a firearm—

In order to obtain a firearms license, the applicant must submit to the Guardia Civil 

ction o

behavior, a photo

the applicant’s “

medical facilities ns send a final report to the competent authorities of the 

vil.30 31

plican

understanding of 

The R.A. 

n is eighteen years. However, m

between fo and eighteen years old may be granted a special permit to use arms for hunting 

o competitions by (1) submitting criminal background checks of both the minor 

i

and mental de report.25

sed gun owners are allowed to lawfully acquire, possess, or transfer a firearm 

 and may only have ammunition that is suitable for

Applicants gun owner’s license are required to prove that they have a genuine reason to 

for example, hunting, target shooting, collection, self-defense, or security.28

firearms se f his domicile an updated criminal background check and certification of good 

copy of the applicant’s original identity card or residency card, and a report on 

psychophysical aptitude.”29 The aptitude test is conducted in designated 

, whose physicia

Guardia Ci

and the ap

The background checks include consideration of domestic violence records,

t must undergo theoretical and practical training and testing to ensure an 

firearms safety and applicable legal requirements.32 

identifies nine types of firearms licenses: 

25 MARTÍNE

26 R.A. art. 9

27 Id. 

28 Id. arts. 96–99. 

29 Id. art. 96. 

30 Royal Decree 2487/1998 provides a detailed regulation on the psychophysical aptitude test requirements 

and procedures. Real Decreto 2487/1998 Por el que se Regula la Acreditación de la Aptitud Psicofísica Necesaria 

para Ten estar Servicios de Seguridad Privada [Royal Decree 2487/1999 Regulating the 

Verificat chophysical Aptitude Needed for the Possession and Use of Firearms and for the Rendering 

of Private vices], B.O.E. Dec. 3, 1998, http://www.boe.es/buscar/doc.php?id=BOE-A-1998-27866

Z QUIRANTE, supra note 2, at 234. 

6. 

er y Usar Armas y para Pr

ion of the Psy

 Security Ser . 

QUIRANTE, supra note 2, at 230–36. 

 de Marzo de 1998 por la que se Regulan las Pruebas de Capacitación para Obtener 

Determin de Armas y los Requisitos para la Habilitación de Entidades Dedicadas a la Enseñanza 

Correspo of March 27, 1998, Regulating the Training Tests for Obtaining Certain Firearms Licenses 

and the Re r Training Entities Permits], B.O.E. Mar. 31, 1998, http://www.boe.es/buscar/ 

31 MARTÍNEZ 

32 Orden del 27

adas Licencias

ndiente [Order

quirements fo

act.php?id=BOE-A-1998-7416. 

The Law Library of Congress 217 
Firearms-Control Legislation and Policy 

Table 2: 

Firearms Licenses33

License A For members of the armed forces, police, or civil guard. Valid only during the active 

service of the holder, allowing him to use all categories of weapons. Equivalent to all 

other licenses available.34

License B 

ve seventy.

For individuals, for self-protection purposes.35 Only gives the right to have one 

category 1 firearm (see Table 1, Firearms Categories, above). Valid for three years 

for holders sixty years of age or younger, two years for holders between sixty and 

seventy years old, and one year for those abo 36

License For security guards. License valid only during the holder’s service; photo ID must be 

 five years. Firearms from categories 1, 2, and 3 are allowed under 

. 

 C

renewed every

this license

License D For big game hunting (caza mayor). License lasts five years for holders sixty years of 

age or younger and two years for holders between sixty and seventy years old. Permit 

allows up to five firearms from category 2.2 (full bore rifles). Weapons must be 

locked in a safe.37

License

firearms from category 7.3 (line-launching guns). The total number of weapons under 

eed twelve.38

 E For small game hunting (caza menor). Has same expiration terms as License D. 

Allows up to six category 3.1 firearms (including a) FAC-rated air gun), up to six 

firearms from category 3.2 (shotguns), up to twelve firearms from category 3.3 (FACrated air guns), up to twelve firearms from category 7.2 (crossbows), and up to twelve 

this class may not exc

License

t g club.39

 F For members of the Federations of Shooting Sports. Valid for three years. Only 

hunting arms are allowed under this permit. License holder entitled to between one 

and ten arms depending on the shooter class. Limited to shooting ranges. Firearms 

must be stored unloaded in the shooters’ house or at a shoo in

License AE Special permit for individuals to use firearms from category 6 (muzzle loaders) and 

category 7.4 (Flobert system pistols). Valid for five years. No limit on the number of 

arms that may be held under this license. Guns must be used exclusively on approved 

shooting ranges.

96–97, 103. 

rt. 100. 

33 R.A. arts. 

34 Id. art. 97.

35 Id. art. 99. 

36 Id. art. 104. 

37 Id. a

38 Id. art. 101. 

39 Id. art. 96. 

The Law Library of Congress 218 
Firearms-Control Legislation and Policy 

License L Collectors’ license for individuals. Firearms from categories 6a and 7a.4 are allowed 

under this license. No expiration date and no restriction on the number of arms that 

may be held under this license. These guns may not be fired.

License AEM Special authorization for the use of firearms by minors between the ages of fourteen 

and seventeen. Expires when the child turns eighteen years old. Limited to firearms 

of supervising adult and required training.40

from categories 2 or 3 and requires the supervision of a license holder. Arms may 

only be used for hunting or competing in junior class competitions or sports events. 

The minor may use the arms according to the license but not possess or carry them. 

This license is subject to detailed regulation, especially with regard to qualifications 

IV. Prohibited Firearms

Private individuals are not allowed to possess automatic firearms, firearms disguised as 

The R.A. prohibits the acquisition, possession, or use by civilians of firearms designed 

e include fully automatic weapons, firearms with a caliber of 20 mm or higher, 

nd all those considered to be firearms for war use by the Ministry of Defense.43

ans licensed to acquire, possess, sell, or transfer firearms or ammunition, as well 

as records of the acquisition, possession, and transfer of those weapons.44

earm dealers are required, on behalf of the regulating authority, to keep a 

record of each firearm or piece of ammunition purchased, sold, or transferred. It is illegal to deal 

in firearm ess without a gun dealer’s license.45

other objects, or armor-piercing, incendiary, or expanding ammunition.41 The private 

possession, advertising, sale, and use of semiautomatic assault weapons and handguns, including 

pistols and revolvers, are permitted only with special authorization.42 

for war use. Thes

a

V. Record Keeping Requirements 

The General Directorate of the Guardia Civil is in charge of maintaining a registry of 

individual civili

Licensed fir

s as a busin

42 . art. 5. 

eterminados preceptos del 

Reglame ad Privada y del R.A. [Royal Decree 1628/2009 Modifying Certain Provisions of the 

Regulation on Private Security and the R.A.], B.O.E. Oct. 31, 2009, http://www.boe.es/buscar/doc.php?id=BOE-A40 Id. art. 109. 

41 Id. art. 4. 

Id

43 Id. art. 6, as amended by Real Decreto 1628/2009 por el que se Modifican d

nto de Segurid

2009-17245. 

44 R.A. arts. 8.3 & 52–53. 

45 Id. art. 10.2. 

The Law Library of Congress 219 
Firearms-Control Legislation and Policy 

V fety and Tracking Requirements 

Firearms must be kept in safe, locked, and secure storage. The regulations p

I. Sa

rovide for 

ecific measures and requirements for storage while a firearm is in the personal dwelling of its 

wner or in transit.46 

Firearm owners must be in control of their weapons at all times.47 The loss, theft, or 

destruction of firearms must be reported immediately to the competent authorities.48 Weapons 

must be carried from their permanent storage to a shooting range in a secured case 

and uncocked.49

Firearms must also be marked with a unique identifying mark when manufactured, to 

allow them to be traced and tracked according to the procedures established in the R.A.50 

VII. Penalties

The R.A. provides for administrative sanctions and fines for violations of its provisions,51

and the Penal Code52 establishes a number of crimes related to firearms, including criminal 

penalties for those who possess or carry illegal weapons or carry weapons without the proper 

license or authorization.53

VIII. Statistics

According to the 2011 annual statistics of the Ministry of Interior,54 2,119,942 firearms 

licenses had been issued in Spain as of December 31, 2011, for a total of 3,516,681 firearms.55 

In 2011, there were 288 deaths caused by firearms. As of July 2011, Spain had a population of 

47 million. The rate of deaths by firearms is 0.63 per 100,000 people according to a 

2010 report.56 

sp

o

46 Id. arts. 100.5, 144.a. 

47 Id. art. 147. 

48 Id. art. 144.c. 

49 Id. art. 149.1. 

50 Id. arts. 28–30. 

51 Id. arts. 155–164. 

52 CÓDIGO PENAL [C.P.] [CRIMINAL CODE], Ley Orgánica 10/1995, Nov. 23, 1995, B.O.E. Nov. 24 1995,

ttp://www.boe.es/buscar/act.php?id=BOE-A-1995-25444&tn=1&p=20121228#a563

, 

h . 

53 Id. arts. 563–570. 

L INTERIOR 2011 [2011 YEARBOOK OF STATISTICS OF THE

/www.interior.gob.es/file/58/58114/58114.pdf

54 ANUARIO ESTADÍSTICO DEL MINISTERIO DE

MINISTRY OF INTERIOR] 233–37, http:/ . 

55 Id. at 234. 

56 For more detailed statistics, see Spain – Gun Facts, Figures, and the Law, GUNPOLICY.ORG,

http://www.gunpolicy.org/firearms/region/spain (last visited Jan. 24, 2012). Gunpolicy.org, an international bulletin 

based in Sydney, Australia, includes detailed statistics on gun-related deaths with the latest figures from 2009 

and 2010. 

The Law Library of Congress 220 
Firearms-Control Legislation and Policy 

The Law Library of Congress 221 

lowing is a table from the book Armas: Libertad Americana O Prevención 

uropea? (Arms: American Freedom or European Prevention) showing the comparative rate per 

100,000 persons of death by firearms in the US and Spain for the period 1990–2000:57

The fol

E

Prepared by Graciela Rodriguez-Ferrand 

Senior Foreign Law Specialist 

57 MARTÍNEZ QUIRANTE, supra note 2, at 318. Reproduced by permission of the publisher. 
 that is governed by 

federal law and implemented by the cantons. This regime may be somewhat less 

rs.

Automatic weapons are banned. 

The Swiss practices on the acquisition, possession, and use of firearms are shaped by 

gun-control legislation that applies to the civilian population1 and by regulations on the handling 

of firea 2 e of 

Swiss trad 4

 of weapons suitable for private possession was regulated at the 

al 

SWITZERLAND 

FIREARMS CONTROL LEGISLATION AND POLICY 

Summary 

Switzerland has a comprehensive gun-control regime

restrictive than that of other European countries, yet since 2008 it has complied 

with European Union requirements. The Swiss Weapons Act requires an 

acquisition license for handguns and a carrying license for the carrying of any 

permitted firearm for defensive purposes. Exceptions exist for hunte

Swiss militiamen may keep their issued personal weapon in their home. A 

popular referendum to prohibit this practice was rejected in February 2011. 

I. Development of Swiss Gun-control Law 

rms issued to militiamen. These two regulatory systems aim at preventing abus

firearms while upholding the statutory right to bear arms,3 which is based on longstanding 

itions.

Until 1999, the handling

cantonal level and some of the cantons had very permissive gun-control regimes.5

 The canton

1

 Bundesgesetz über Waffen, Waffenzubehör und Munition [WG] [Federal Act on Weapons, Weapons 

Accesso

514.54, ht

ries and Ammunition], June 20, 1997, as amended, SYSTEMATISCHE SAMMLUNG DES BUNDESRECHTS [SR] 

tp://www.admin.ch/ch/d/sr/c514_54.html. 

2

 Verordnung des VBS über die persönliche Ausrüstung der Armeeangehörigen [VPAA-VBS] [Defense 

Department Regulation on the Personal Equipment of Members of the Army], Dec. 9, 2003, as amended, SR 

514.101, http://www.admin.ch/ch/d/sr/c514_101.html. The Swiss militia system is discussed in Part III, below. 

3

 WG art. 3 provides that “the right to acquire, possess, and carry weapons is guaranteed within the 

framewo legislative power to prevent the abuse of 

weapons l

rk of this Act” (translated by author). The federation has 

. Bundesverfassung [BV] [Constitution] art. 107, translation at http://www.admin.ch/ch/e/rs/c101.htm . 

szar, Waffenrecht und Schusswaffenkriminalität, ÖSTERREICHISCHE RICHTERZEITUNG

180 (199

4

 HANS WÜST, SCHWEIZER WAFFENRECHT 16 (1999). 

5

 Frank Csa

4). 

The Law Library of Congress 222 
Firearms-Control Legislation and Policy 

laws were held together loosely by an intercantonal Weapons Concordat that allowed 

Switzerland to have the most permissive policy on gun control in all of Europe.6

Until the late 1980s, this lack of uniformity in gun control worked well for Switzerland. 

rime rates were low and the Swiss were comfortable with private gun ownership because of the 

ilitia 

The first federal gun-control law (hereinafter the Weapons Act) became effective in 

wiss law. Among these newly enacted measures was the 

introdu ion of the European Firearms Pass.14 Although Switzerland is not an EU Member 

State, i

C

m system. In the early 1990s, however, the crime rate increased, and Swiss guns were 

frequently implicated in the European terrorist scene and in the wars that ravaged former 

Yugoslavia. These circumstances led to a climate of domestic and international pressure that 

persuaded the Swiss to abandon their laissez faire attitude toward firearms and start the 

cumbersome legislative process of enacting a federal weapons law.7

Switzerland on January 1, 1999.8 As originally enacted, the Weapons Act brought a gun-control 

regime that was similar to the gun-control laws of neighboring countries, albeit less restrictive. 

Between 2004 and 2010, several amendments made the Weapons Act more stringent. 

A significant revision was occasioned by Switzerland’s accession to the Schengen 

Agreement, the common border regime of the European Union (EU).9 This Revision of the 

Act10 became effective on December 12, 2008, the day of Switzerland’s accession to the 

Schengen regime,11 and its primary purpose was the transposition of the European Union’s 

Weapons Directive12 into S 13

ct

t has close ties with the EU and many of its laws are harmonized with EU law.15

6 Id. 

7

 Bericht der Sicherheitspolitische Kommission des Nationalrats, Oct. 16, 1992, BUNDESBLATT [BBL.]

625 (1993). 

8

 Bundesgesetz über Waffen, Waffenzubehör und Munition, June 20, 1997, AMTLICHE SAMMLUNG DES 

BUNDESRECHTS [AS] 2535 (1998). 

of determining, in conformity with the relevant provisions of the Treaty establishing the European 

Commun

9

 Council Decision (1999/435/EC) of 20 May 1999 concerning the definition of the Schengen acquis for

the purpose

ity and the Treaty on European Union, the legal basis for each of the provisions or decisions which 

constitute the acquis, 1999 O.J. (L 176) 1, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31 

999D0435:EN:HTML, valid for Switzerland since Dec. 12, 2008. See Eidgenössisches Justizdepartement, 

Schengen, http://www.bfm.admin.ch/content/bfm/de/home/themen/schengen_dublin/schengen.html (last modified 

Oct. 27, 2011). 

10 Bundesbeschluss, Dec. 17, 2004, art. 3 no. 6, AS 447 (2008), http://www.admin.ch/ch/d/as/2008/447.pdf. 

ouncil Directive 91/477/EEC of 18 June 1991 on the control of the acquisition and possession of 

weapons O.J. (L 256) 51, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31991L0477:EN: 

11 Verordnung, Nov. 26, 2008, AS 5405. 

12 C

, 1991

HTML. 

uropa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31991 

13 Botschaft, Jan. 11, 2006, no. 1.4.4, BBL. 2713 (2006). 

14 Council Directive 91/477/EEC of 18 June 1991 on the control of the acquisition and possession of 

weapons, 1991 O.J. (L 256) 51, Annex II, http://eur-lex.e

L0477:EN:HTML.

15 CHRISTIAN H. KÄLIN, SWITZERLAND, BUSINESS & INVESTMENT HANDBOOK 65–76 (3rd ed. 2011). 

The Law Library of Congress 223 
Firearms-Control Legislation and Policy 

After several incidents in which militiamen killed themselves or others with the issued 

apons, reforms were also proposed for a Regulation that allows members of the Swiss militia 

16

we

to keep their assigned personal weapon in their home. In 2010, this Regulation was amended 

17

 was held on a proposal that would have 

pra proposed that gun 

kn

 Federal Cabinet advised against the referendum on the 

grounds that the existing laws were sufficient to protect against gun abuse.19 The referendum 

y 56.3% of those voting, and the voter participation of 49.1% was high as 

ompared to other referenda.20 It remains to be seen whether the Swiss will change their mind 

In September 2012, the Swiss Federal Cabinet recommended a package of measures to 

the Par

to allow members of the militia to voluntarily deposit their issued firearm in an armory.

On February 13, 2011, a popular referendum

made Swiss gun-control laws stricter in several ways. The proposal called for an end to the 

ctice of letting militiamen keep their weapons at home. In addition, it

registration should be carried out by the federation instead of the cantons, and that for a weapons 

acquisition license, the applicant would have to prove a need for the weapon and the skill and 

owledge to handle it.18 

The Swiss Parliament and the

was rejected b

c

on tougher gun-control laws in the wake of the Daillon massacre of January 3, 2013 in the 

Canton of Valais, when a thirty-four-year-old militiaman went on a shooting spree, killing three 

women and wounding two men with his militia weapon.21 For starters, the incident led to a 

parliamentary motion urging the Federal Cabinet to create an effective linkage between the 

cantonal weapons registers.22

liament in response to a parliamentary request for a study on how gun control could be 

improved.23 These included the following: 

16 Martin Furrer, Heute wird die Ordonnanz-Waffen Initiative eingereicht, TAGES-ANZEIGER 1 (Feb. 

). 

17 Verordnung des VBS über die persönlic e Ausrüstung der Armeeangehörigen [VPAA-VBS] [Defense 

Department Regulation on the Personal Equipm

23, 2009

h

ent of Members of the Army], Dec. 9, 2003, art. 35a, SR 514.101, as 

introduced by Verordnung, Dec. 2, 2009, AS 6735 (2009). 

nt/ejpd/de/home/doku 18 Volksinitiative “Für den Schutz vor Waffengewalt”, http://www.bj.admin.ch/conte

mentation/abstimmungen/2011-02-13.html (last modified May 1, 2012). 

19 Press Release, Eidgenössisches Justizdepartement, Bundesrat lehnt Volksinitiative “Für den Schutz vor 

Waffeng ab (Dec. 16, 2009), ewalt” http://www.ejpd.admin.ch/content/ejpd/de/home/dokumentation/mi/2009/2009-

12-16.html. 

20 Id. 

21Daillon Tragedy Brings Gun-control into Focus, SWISSINFO.CH (Jan. 4, 2013), http://www.swissinfo. 

ch/ger/ politik_schweiz/Bluttat_mit_politischen_Folgen.html?cid=34647320. 

22 Von der Steinzeit bis zur Eiszeit, NEUE ZÜRCHER ZEITUNG (Jan. 25, 2013), http://www.nzz.ch/aktuell/ 

schweiz/von-der-steinzeit-zum-e-formular-1.17959622. 

23 Bericht des Bundesrates, Sept. 5, 2012, http://www.bj.admin.ch/content/dam/data/pressemitteilung/2012/ 

2012-09-050/ber-br-d.pdf. 

The Law Library of Congress 224 
Firearms-Control Legislation and Policy 

 The military leadership should be informed if, in the course of a pending criminal

t becomes apparent that a member of the militia may endanger himself

or others with a weapon.

ed by the courts or prosecutors, 

or by acting on their own decision in case of an imminent danger.

es should be linked.

II. Sta

 During the same year, 524 

aggravated batteries were reported, 11 of which involved gun use, and 3530 robberies were 

ommitted with a gun.26 Switzerland has a population of 

7.9 million.

he Swiss Statistical Office prepared a chart that lists the number of deaths caused by 

guns d

Until recently, Switzerland had a reputation for combining high levels of gun ownership 

with a low incidence of mass shootings.30 This reputation, however, has been marred by the 

recent sh

investigation, i

 The Code of Criminal Procedure should be amended to facilitate such

communications.

 The cantonal police should seize weapons as instruct

 The sharing of information from federal databases on denials of weapons licenses and

criminal records should be facilitated.

 Cantonal and federal databases with pertinent information for cantonal weapons

licens

tistics 

On the occasion of the 2011 gun-control referendum, the Swiss Federal Police compiled 

statistics on gun-related crimes.24 These showed that during 2009 the police investigated 236 

homicides, of which 55 were allegedly committed with a gun.25

reported, of which 416 were c

27

T

uring the years 1995 through 2010.28 According to these figures, 70 to 90% of the 

reported deaths were suicides. The figures also show a gradual decrease of deaths by gun use 

from an overall number of 444 deaths in 1998 to 241 deaths in 2010. The Statistical Office also 

stated that 17% of all suicides reported in 2009 were committed with a gun, and that 9% of the 

suicides committed with a gun were committed with a military weapon.29

ooting rampage in Dainnon.31

http://www.b

24 BUNDESAMT FÜR STATISTIC, TATMITTEL SCHUSSWAFFE (Dec. 2010), available at

fs.admin.ch/bfs/portal/de/index/themen/ 19/03/02/dos/03.html. 

25 n Excel spreadsheet “Tatmittel Schusswaffe 2009”). 

26

27 Population, INDEX MUNDI, http://www.indexmundi.com/switzerland/population.html

 Id. (click o

Id. 

Switzerland (last 

visited D

T FÜR STATISTIC, supra note 24 (click on “Schusswaffentodesfälle 1995-2010”). 

AFFENSUIZIDE (Jan. 14, 2011), available at

http://ww ortal/de/index/news/03.html

ec. 21, 2012). 

28 BUNDESAM

29 BUNDESAMT FÜR STATISTIC, SCHUSSW

w.bfs.admin.ch/bfs/p (click on “Schusswaffensuizide Stellungnahme BFS”). 

ftermath of Swiss Shooting, Echoes of U.S. Gun-control Debate, THE WASHINGTON POST (Feb. 7, 

2013), http w.washingtonpost.com/world/europe/in-aftermath-of-swiss-shooting-echoes-of-us-gun-control30 In A://ww

debate/2013/02/07/38457624-6e1d-11e2-ac36-3d8d9dcaa2e2_story.html. 

The Law Library of Congress 225 
Firearms-Control Legislation and Policy 

III. The Militia System

ervice is compulsory for all able-bodied men, and alternative 

civil service is only available for conscientious objectors. Those unwilling to serve must pay a 

fine.32

If there is danger of the abuse or improper handling or maintenance of the weapon, the 

comma

y 

heritance, but not including hunting rifles. The federal Weapons Act is implemented by the 

In Switzerland, military s

 Conscription begins at age nineteen,33 and the duty to serve ends between the ages of 

thirty-four and fifty, depending on the rank of the militiaman.34 

Militiamen are issued personal equipment, which includes a personal weapon and 

ammunition.35 The militiaman is authorized to keep the weapon in his home,36 unless he decides 

to deposit it in his unit’s armory.37 When the militiaman retires, he may keep the personal 

weapon,38 provided it has been properly maintained by the qualified technicians of his 

military unit.39 

ndant of the military unit will confiscate the personal weapon.40 The police, courts, and 

prosecutors may inform the commandant of circumstances that call for the confiscation of the 

weapon.41 The abuse or mishandling of weapons is punishable either by a disciplinary measure 

or by imprisonment or a fine, depending on the circumstances.42

IV. Current Gun-control Law

A. Overview 

The Weapons Act contains a comprehensive regime for the licensing of the acquisition 

and carrying of permitted weapons; the banning of certain weapons, including automatic 

firearms; and the production and trade in weapons, including the reporting obligations of dealers 

and a registration system that covers all privately owned guns, including those acquired b

in

cantons and the cantons also keep registers of privately owned guns. The provisions on 

33 Militärgesetz, Feb. 3, 1995, as amended, art. 9, SR 510.10, http://www.admin.ch/ch/d/sr/c510_10.html

31 See supra notes 21 and 22, and accompanying text. 

32

 BV art. 59. 

. 

1 arts. 1–7. 

 conjunction with art. 12. 

–36. 

34 Id. art. 12. 

35 Verordnung SR 514.10

36 Id. art. 30.

37 Id. art. 26. 

38 Id. art. 44. 

39 Id. art. 44 in

40 Id. arts. 7, 35

41 Id. 

42 Militärstrafgesetz art. 72 SR 321.0. 

The Law Library of Congress 226 
Firearms-Control Legislation and Policy 

ammunition are in keeping with the principles of the Act, which aims t

43

o deter abuse while

permitting lawful gun ownership.

st eighteen years of age, may not have been placed under guardianship, may not 

ive cause for suspicion that he would endanger himself or others with the weapon, and may not 

ave a criminal record with a conviction for a violent crime or of several convictions for 

onviolent crimes.46 The license is issued by the canton of residence of the applicant but is valid 

nse is valid for six months, maximally nine months.47 It is 

tion of one weapon only.48 

isition license is required only if a weapon is acquired from a dealer. No license 

 required for transactions between private individuals. Instead, these are permitted as long as 

e seller verifies the identity and age of the buyer by checking an official identification 

document and as long as he has no reason to believe that the buyer has been or should be 

disqualified from gun ownership. The buyer may ascertain these circumstances by requesting 

information from the cantonal authorities, but only if the buyer consents in writing.49

C. Carrying of Guns 

The carrying of a gun for defensive purposes requires a carrying license, which will be 

granted only if the applicant is qualified to acquire guns; demonstrates a need for the weapon to 

protect himself, others, or property against existing dangers; and has passed an exam to test his 

required theoretical knowledge and practical skill.50 The theoretical exam tests knowledge of 

 criminal provisions on violent crimes and self-defense, and necessity as a justification

or excuse;

 federal and cantonal weapons law provisions;

 types of weapons and ammunition; and

B. Acquisition of Guns 

An acquisition license is required primarily for handguns. Rifles and semiautomatic long 

arms that are customarily used by recreational hunters are exempt from the licensing 

requirement,44 whereas fully automatic guns are banned.45 An applicant for a weapons license 

must be at lea

g

h

n

throughout Switzerland. The lice

usually valid for the acquisi

The acqu

is

th

43 BUNDESAMT FÜR POLIZEI FEDPOL, SCHWEIZERISCHES WAFFENRECHT (July 2010), http://www.bj.admin. 

ch/content/dam/data/sicherheit/waffen/Brosch%c3%bcre/waffenbroschuere-d.pdf. 

44 Weapons Act art. 10. 

45 Id. art. 4. 

46 Id. art. 8(2). 

47 Id. art. 9. 

. 

über die Prüfung für die Waffentragbewilligung [Regulations on the Examination for the 

Weapon nse], Sept. 21, 1998, as amended, SR 514.546.1. 

48 Id. art. 9b. 

49 Id. art. 10a

50 Reglement 

s-Carrying Lice

The Law Library of Congress 227 
Firearms-Control Legislation and Policy 

The Law Library of Congress 228 

rity measures and proper conduct when carrying weapons.51

The practical examination tests the applicant’s skill in handling the weapon, including loading, 

unloading, operating the safety devic

A carrying rrying license is 

required for the transporting of an unloaded weapon for legitimate purposes, such as travel to and 

from the shooting range or hunting environm g as the ammunition is kept separate from 

the weapon.54

Prepare

Foreign

Interna

Februa

 secu

e, and shooting.52

 license permits the concealed carrying of a handgun.53 No ca

ent, as lon

d by Edith Palmer, Chief, 

, Comparative, and 

tional Law Division II 

ry 2013 

51 Id. art. 3. 

52 Id. art. 4. 

53 Id. art. 27. 

54 Id. art. 28. 
EUROPEAN UNION 

e designed to ensure control of 

cquisition and possession of weapons, facilitate the flow of firearms in a single 

In general, acquisition and possession of firearms is subject to a license 

firearms, to which only designated authorities will have access. Dealers are also 

required to maintain a register of firearms. 

 into internal law article 10 of the UN Protocol. The 

I. Intro

ave 

ay, 

ed

FIREARMS-CONTROL LEGISLATION AND POLICY 

Summary 

At the European Union level, acquisition and possession of weapons and 

related matters are regulated by two Directives: (1) Directive 91/477/EEC and 

(2) Directive 2008/51/EC. These Directives ar

a

market, and transpose into EU law the United Nations Protocol Against the Illicit 

Manufacturing and Trafficking of Firearms. Both Directives contain minimum 

requirements; EU Members are free to impose more stringent rules pertaining to 

firearms and many have done so. 

Under Directive 91/477/EEC firearms are classified into four categories 

based on their level of dangerousness: (1) prohibited, (2) subject to authorization, 

(3) subject to declaration, and (4) those that are not subject to requirements. 

and other qualifications that must be met by individuals, such as having a “good 

cause,” being at least eighteen years of age, and not being a danger to themselves 

or to society. Directive 2008/51/EC requires EU Members to ensure that any 

firearm or part thereof is marked and registered prior to entering the market. In 

addition, it requires EU Members, by December 2014, to establish a register of 

The EU has also taken action at the external borders by adopting a 

Regulation in 2012 to impose controls on export authorizations for firearms. By 

doing so, the EU transposed

Regulation prohibits the export of a firearm to anyone in a third country who is 

less than eighteen years old. 

duction 

The European Union (EU) has not been immune to massacres similar to those that h

plagued the United States in recent years. Several EU Member States, as diverse as Norw

Belgium, Finland, and France, have also experienced gun violence and mass shootings.1

 In

2011, more than 5,000 murders (about 20% of all murders) in the EU were committ

1 Mass Shootings in Europe, BELGIAN NEWS, EXPATICA.COM (Dec. 13, 2011), http://www.expatica.com/be/ 

news/local_news/mass-shootings-in-europe_195344.html. 

The Law Library of Congress 229 
Firearms-Control Legislation and Policy 

with firearms.2 Two consecutive nightclub shootings in France compelled the French authorities 

to vow to take steps to deal seriously with gun crime. The Interior Minister of France promised 

to “make the strict enforcement of gun regulations and the battle against illegal weapons 

ry.”3

s the number of registered hunters and sports shooters. Hunters and sports 

shooters number approximately 10 million in the EU.5

 

link between firearms and homicides, there does seem to be a nexus between firearms 

availability and homicides.8 Pursuant to the study, the total number of intentional homicides in 

priorities of my minist

The unlawful entry and trafficking of illegal firearms coming from neighboring countries, 

such as the successor states to the former Yugoslav Republic, and from Middle Eastern and 

North African countries have also been identified as matters of concern for the EU Members 

individually and for the EU as a whole.4 In a November 2012 speech Cecilia Malmström, the 

EU Commissioner for Home Affairs, stated that the number of illicit firearms circulating in the 

EU today exceed

In November 2011, in response to a questionnaire sent by the European Commission 

regarding recent trends in crime and offenses, and whether there was an increase in crime 

involving hunting and sporting guns, the EU Members responded mostly in the negative. A 

number of EU Members, such as Greece, Poland, Sweden, and Portugal, responded that they had 

experienced a slight or insignificant rise. Other EU Members, such as Belgium and Ireland, 

indicated that they had experienced a decline, whereas others, including, Austria Bulgaria, 

Hungary, Finland, the United Kingdom, and Spain reported stable numbers. The same trends 

were also discerned with regard to crimes involving other types of firearms, such as military 

firearms, which are prohibited.6

Statistics for homicides committed by firearms in the twenty-seven EU Members can be 

found in the 2011 Global Study on Homicide, prepared by the United Nations Office on Drugs 

and Crime (UNODC).7

 The Global Study opines that even though it is difficult to establish a 

2

 Cecilia Malmström, EU Commissioner for Home Affairs, Speech at the Conference on the Fight Against 

Arms Trafficking: Where Do We Stand? at 2 (Nov. 19, 2012), http://europa.eu/rapid/press-release_SPEECH-12-

841_en.htm (click icon for PDF version). 

, 

ry-theatro3

 Ben McPartland, France Vows Crackdown After Nightclub Shootings, FRANCE 24 (July 10, 2012)

http://www.france24.com/en/20120709-france-vows-gun-crackdown-after-nightclub-shootings-lille-bert

vamos-balkans-kalashnikov. 

ation at 5, 

UriServ.do?uri=COM:2012:0415:FIN:EN:PDF

4

 Malmström, supra note 2, at 3. 

5 Id. 

6 Report from the Commission to the European Parliament and the Council, Possible Advantages and 

Disadvantages of Reducing the Classification to Two Categories of Firearms (Prohibited or Authorised) with a 

View to Improving the Functioning of the Internal Market for the Products in Question Through Simplific

COM (2012) 415 final, http://eur-lex.europa.eu/LexUriServ/Lex . 

icides 

b.pdf

7

 Statistics cover the number of homicides by firearms, percentage of homicides by firearms, and hom

by firearms rate per 100,000 population. UNODC, 2011 GLOBAL STUDY ON HOMICIDE: TRENDS, CONTEXT, DATA,

http://www.unodc.org/documents/data-and-analysis/statistics/Homicide/Globa_study_on_homicide_2011_we . 

8 Id. at 10. 

The Law Library of Congress 230 
Firearms-Control Legislation and Policy 

2010 was estimated at 468,000 worldwide. More than 36% took place in Africa, 31% in the 

Americans, 27% in Asia, 5% in Europe, and 1% in Oceania.9

II. EU

the 

European Commission on behalf of the European Community of the United Nations Protocol on 

the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and 

Ammunition, annexed to the Convention Against Transnational Organized Crime;14 and, 

second

 Legislation 

Neither the Treaty on European Union nor the Treaty on the Functioning of the EU, as 

amended by the Lisbon Treaty in 2009, contain a right to bear arms for EU citizens.10 The 

existence of such a right would be subject to the different legal systems and constitutional 

traditions of the individual Member States, which are primarily responsible for internal security 

and public safety. The EU also shares competence to ensure “a high level of security” and to 

combat crime.11

At the EU level, acquisition and possession of weapons and transfers between EU 

Member States are regulated by two directives: (1) Directive 91/477/EEC of June 1991 on 

Control of the Acquisition and Possession of Weapons,12 and (2) Directive 2008/51/EC 

Amending Directive 91/477/EEC.13 The impetus behind the first Directive was to facilitate the 

freedom of movement of firearms within the internal market and, at the same time, to introduce 

some safeguards concerning acquisition and possession of weapons. Two subsequent factors 

necessitated the adoption of the 2008 Directive. First, the signing on January 16, 2002, by 

ly, the need to address certain issues that arose during the implementation of Directive 

91/477/EEC, which were cited by the Commission in its 2000 report.15 The United Nations 

Protocol obliged the EU to mark weapons at the time of manufacture and at the time of transfer 

from government stocks to civilian use, whereas Directive 91/477/EEC did not provide a clear 

9 Id. at 9. 

10 Consolidated Version of the Treaty on European Union (TEU), 2012 Official Journal of the Europ

.J.] (C 326) 13, 

ean 

Union [O http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2012:326:0013:0046:

EN:PDF; Consolidated Version of the Treaty on the Functioning of the European Union (TFEU), 2012 O.J. (C 327) 

47, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2012:326:0047:0200:EN:PDF. 

Weapon ) 51, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:3199 

11 TFEU arts. 4.2(j) & 67. 

12 Council Directive 91/477/EEC of 18 June 1991 on Control of the Acquisition and Possession of 

s, 1991 O.J. (L 256

1L0477:en:HTML. 

 the Council of 21 May 2008 Amending Council 

Directive of Weapons, 2008 O.J. (L 179) 5, http://eur13 Directive 2008/51/EC of the European Parliament and of

91/477/EEC on Control of Acquisition and Possession 

lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:179:0005:0011:en:PDF. 

14 Protocol Against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components 

and Amm lementing the United Nations Convention Against Transnational Organized Crime, New 

York, May 326 U.N.T.S. 211, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY& 

unition, supp

 31, 2001, 2

mtdsg_no=XVIII-12-c&chapter=18&lang=en. 

15 Report from the Commission to the European Parliament and the Council, the Implementation of 

Council /EEC of June 18, 1991, on Control of the Acquisition and Possession of Weapons, COM 

(2000) 83 , 2000), http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2000:0837: 

Directive 91/477

7 final (Dec. 15

FIN:en:PDF. 

The Law Library of Congress 231 
Firearms-Control Legislation and Policy 

obligat

/477/EEC as Amended by Directive 2008/51/EC 

 to the flexibility granted to EU 

Members by the Directive no full harmonization has been achieved. For example, a number of 

EU Members have not adopted the classification of firearms prescribed by Directive 

al legislation either requires an authorization of all firearms or imposes 

oreover, some EU Members classify as “war weapons” or prohibit 

ember States.18 Several Member States, 

end their legislation on long firearms 

/EEC, they had in place liberal laws and allowed 

pre ve’s implementation, along with further proposals, if needed.21

between weapons and firearms, Directive 

precise definition of firearms. 

l or 

unless it is excluded for one of the reasons listed in part III of Annex I. In addition, Directive 

capable of being converted to expel a shot, bullet or projectile by the 

— it has the appearance of a firearm, and 

— as a result of its construction or the material from which it is made, it can be 

so converted.23 

ion. In addition, the 2008 Directive increased the Protocol’s minimum time period for 

retaining firearms information in registers from ten to twenty years.16 

A. Directive 91

Directive 91/477/EEC established minimum requirements, thus giving EU Members the 

authority to impose stricter controls on the acquisition of weapons. By 2000, all the then-EU 

Members had transposed the Directive internally.17 Due

91/477/EEC, since nation

a ban on all firearms. M

firearms considered to be hunting firearms in other M

such as France, Belgium, and Austria, had to am

substantially because, prior to Directive 91/477

the sale of sporting guns freely.19 Finally, the Directive does not regulate the carrying of

weapons, hunting, or target shooting. As far as implementation of Directive 2008/51/EC, the 

deadline of July 28, 2010, was established.20 By July 2015, the Commission is expected to 

pare a report on the Directi

1. Definitions

Whereas Directive 91/477/EEC distinguished 

2008/51/EC abandons the distinction and opts for a new and 

Thus, “firearm” is defined as “any portable barreled weapon that expels, is designed to expe

may be converted to expel a shot, bullet or projectile by the action of a combustible propellant,” 

22

2008/51/EC, brings within its purview 

an object which is 

action of a combustible propellant if: 

16 Directive 2008/51/EC, supra note 13, art. 4, para. 4. 

17 Report from the Commission to the European Parliament and the Council, supra note 15. 

18 Id. at 11. 

19 Id. at 12. 

20 Directive 2008/51/EC, supra note 13, art. 2. 

21 Id. art. 17. 

22 Id. art. 1(a). 

23 Id. 

The Law Library of Congress 232 
Firearms-Control Legislation and Policy 

Directive 2008/51 added new

“ammunition,” and other terms.24 A

 definitions pertaining to “parts,” “essential component,” 

nnex II of Directive 91/477/EEC provides a number of 

Category A –Prohibited 

definitions pertaining to “short firearm,” “long firearm,” “automatic firearm,” “repeating

25 firearm,” and others. 

Annex I of Directive 91/477/EEC divides firearms into four categories depending on the 

level of dangerousness. EU Members may opt for stricter division or may move certain firearms 

from one group to another. The categories are as follows:26 

 Explosive military missiles and launchers

 Automatic firearms

 Firearms disguised as other objects

 Ammunition with penetrating, explosive, or incendiary projectiles

 Pistol and revolver ammunition with expanding projectiles and the projectiles for

such ammunition

Category B – Subject to Authorization 

 Semiautomatic or repeating short firearms

 Single-shot short firearms with center-fire percussion

 Single-shot firearm ws ith center-fire percussion that are less than 28 cm in length

s not longer than 60 cm in length 

S matic 

m

 Semiautomatic long firearms whose magazines and chambers can together hold more

than three rounds

 Repeating and semiautomatic long firearm

 emiautomatic firearms for civilian use that resemble weapons with auto

echanisms

nnex I. 

24 Id. art. 1(b). 

25 Directive 91/477/EEC, supra note 12, Annex II. 

26 Id., A

The Law Library of Congress 233 
Firearms-Control Legislation and Policy 

Category C – Subject to Declaration 

 Repeating long firearms other than those listed in category B, final item

 whose magazine and 

Long firearms with single-shot rifled barrels

Semiautomatic long firearms other than those in Category B 



chamber can hold more than three rounds

 Single-shot short firearms with rimfire percussion and with an overall length of not

less than 28 cm

Category D – Other Firearms 

 Single-shot firearms with smooth-bore barrels27

Acquisition or possession of weapons by the armed forces, the police, the public 

authori s, engaged with the cultural and historical aspects of 

weapon 28

D is subject to a permit in 

accordan 29

meet the f ualifications:30 

purchase, and possession of firearms for hunting and target shooting, provided that 

(b) are not likely to be a danger to themselves, to public order or to public safety. 

ntional crime shall be considered as 

such danger.31

EU Me r 

tie or by collectors and bodies

s fall outside the scope of the Directive.

2. Acquisition and Possession of Firearms: Qualifications

Acquisition and possession of firearms is permitted only by those persons who have a 

license. Acquisition of firearms belonging to categories C and 

ce with national law.

Acquisition and possession of firearms is granted to people who have “good cause” and 

ollowing two additional q

(a) are at least 18 years of age, except in relation to the acquisition, other than through 

in that case persons of less than 18 years of age have parental permission, or are 

under parental guidance or the guidance of an adult with a valid firearms or hunting 

licence, or are within a licenced or otherwise approved training centre; 

Having been convicted of a violent inte

indicative of 

mbers have the authority to withdraw authorization for possession if a person no longe

meets these criteria.32

27 Id. 

28 Id. art. 2. 

29 Directive 2008/51/EC, supra note 13, art. 1(3) (amending Directive 91/477/EEC to add art. 4a). 

ive 91/477/EEC art. 5). 30 Id. art. 1, para. 4 (amending Direct

31 Id. 

The Law Library of Congress 234 
Firearms-Control Legislation and Policy 

In addition, EU Members do not have the authority to prevent residents from possessing a 

firearm that was acquired in another EU Me

33

mber State unless such a firearm is banned within 

their te y.

U Members may authorize the sale of firearms through distance communications, 

including t cts” are defined by article 2 of Directive 97/7/EC on the 

Protection of Consumers in Respect of Distance Contracts.34 Directive 97/7/EC establishes rules 

regardi

al offenses 

must be prohibited.

ent introduced by Directive 2008/51/EC is that all Member States 

must ensure that firearms can be linked to their owners at any time.36 EU Members must also 

ensure ered or 

that it has been deactivated. In order to identify and trace each firearm, the Directive obliges 

EU Me

d

authorities access to registered firearms. Firearms records, such as make, model, serial number, 

rritor

3. Acquisition of Firearms Through Distance Communications

E

he Internet. “Distance contra

ng the sale of goods or services between a buyer and a seller based on a distance contract 

for the protection of consumers. In such a case, they are obliged to subject acquisition of 

firearms to the rules of Directive 91/477/EEC and to control the acquisition of firearms by 

individuals, with the exception of dealers. Acquisition of firearms through the Internet by 

individuals who have been convicted by a final court judgment for serious crimin

35

4. Marking and Registration

An important requirem

that any firearm or part that is placed on the market has been marked and regist

37

mbers, at the time of manufacture of each firearm, to either 

 “require a unique marking that includes the name of the manufacturer, the country or

place of manufacture, the serial number, and the year of manufacture (if not part of

the serial number)”; or

 “maintain any other unique and user-friendly marking with a number or alphanumeric

code” that allows easy identification of the country of manufacture by all Members.38

EU Members are also required to register every firearm. To this end, by December 2014 

they must establish and maintain a computerized data-filing system that allows designate 

) 

32 Id. 

33 Id. 

34 Directive 97/7/EC on the Protection of Consumers in Respect of Distance Contracts, 1997 O.J. (L 144

19, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:1997:144:0019:0027:EN:PDF, as amended by 

Directive 2005/29/EC Concerning Unfair Business-to-Consumer Commercial Practices in the Internal Market and

Amending [Directives 84/450/EEC, 97/7/EC, 2002/65/EC, and Regulation (EC) No. 2006/2004], http://eurlex.europa.eu/Result.do?T1=V3&T2=2005&T3=29&RechType=RECH_naturel&Submit=Search. 

35 Directive 2008/51/EC, supra note 13, recital 13. 

36 Id. art. 1, para. 2 (amending Directive 91/477/EEC art. 4, para. 5). 

37 Id. (amending art. 4, para. 1). 

38 Id. (amending art. 4, para. 2). 

The Law Library of Congress 235 
Firearms-Control Legislation and Policy 

supplier’s information, and data on the person who acquires or possesses a firearm, are required 

to be kept for a minimum of twenty years.39

Based on Directive 2008/51/EC, EU Members are required to establish rules regulating 

the activities of brokers and to include measures such as requiring the registration of brokers and 

the licensing or autho 40 rization of arms brokering activities. 

rms Pass 

ears, 

which can be extended. It also contains certain information, such as possession of any firearm 

approxima of firearms passes, respectively—whereas in other 

Memb

holders of firearm

B. al Borders of the EU 

with transfers of firearms for civilian use within the EU 

im

Regulation Against the Illicit 

im l over the manufacturing, 

marking, import, and export of firearms. The scope of the Regulation covers firearms for 

5. European Firea

A European Firearms Pass, which was initially introduced by Directive 91/477/EEC, is 

issued by the authorities of a Member State upon request to a person who lawfully possesses and 

uses a firearm. The pass is nontransferable and is valid for a maximum period of five y

by the holder or of any change or characteristic in the firearm and any loss or theft. 

Certain Member States have issued large numbers of passes—Austria and France have 

tely 38,000 and 39,378 holders

er States the pass is less widely used; in Italy, for example, there are close to 20,000 

s passes.41 

 Controls on the Possession of Weapons at the Extern

Directive 91/477/EEC deals 

territory. A recent Regulation, No. 258/2012, establishes rules for export authorization and 

port and transit measures for firearms, their parts and components, and ammunition.42 The 

 implements article 10 of the United Nations Protocol 

Manufacturing of and Trafficking in Firearms.43 Article 10 requires signatories to adopt or 

prove administrative procedures designed to exercise contro

civilian use and excludes firearms that are intended for military purposes.44 Any export of 

firearms, their parts, and essential components and ammunition is subject to an authorization 

granted by the competent authorities of the Member States where the exporter is established.45 

39 Id. art. 2, para. 4. 

40 Id. (inserting art. 4b). 

41 Report from the Commission to the European Parliament and the Council, supra note 6, at 5. 

42 Regulation (EU) No. 258/2012 of the European Parliament and of the Council of 14 March 2012, 

Implementing Article 10 of the United Nations’ Protocol Against the Illicit Manufacturing of and Trafficking in 

Firearms nst 

4) 1, http://eur-

, Their Parts and Components and Ammunition, Supplementing the United Nations Convention Agai

Transnational Organized Crime (UN Firearms Protocol) and Establishing Export authorisation, and Import and 

Transit Measures for Firearms, Their Parts and Components and Ammunition, 2012 O.J. (L 9

lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:094:0001:0015:EN:PDF. 

col Against the Illicit Manufacturing of and Trafficking in Firearms, supra note 14. 

lation (EU) No. 258/2012, supra note 42, recital 8. 

43 Proto

44 Regu

45 Id. art. 4. 

The Law Library of Congress 236 
Firearms-Control Legislation and Policy 

Article 11 of Regulation No. 258/2012 requires EU Members to refuse to grant an export 

authorization if the applicant has a criminal record related to an offense listed in article 2(2) of 

the Council Framework Decision on the European Arrest Warrant46 or any other offense 

punishable by a maximum term of imprisonment of at least four years.47 EU Members are 

authorized to annul, suspend, or revoke an export authorization if the conditions for granting it 

I. Future Developments 

In November 2012, EU Commissioner Malmström called on the European Commission 

to address the following challenging issues in its 2013 communication on firearms and in its 

upcoming report on transposition and implementation of Directive 2008/51 by July 2015: 

(a) Making more stringent the e-rules of Directives 91/477/ECC and 2008/51/EC. In this 

context, the Commission should: 

 Examine whether certain very dangerous types of firearms not be permitted

for civilian use. 

 Adopt EU rules on deactivation of firearms, that is firearms which have been

declared incapable of being fired. 

 Adopt EU rules on technical security features to the effect that only the

rightful owner of a firearm can actually use it; 

(b) Adopting EU legislation on common minimum rules on criminal sanctions for illicit 

firearms and trafficking; 

(c) Improving cross-border cooperation among law enforcement authorities and 

examining whether EU agencies, such as Europol and Eurojust, should be more 

engaged to facilitate coordination and judicial cooperation; and 

(d) Reviewing the status of seized and confiscated firearms following investigation and 

prosecution of crimes by law enforcement authorities.49 

In a November 2011 questionnaire sent to the EU Member States on possible further 

mandatory restrictions on categories of firearms under EU legislation (referenced above), a 

number of EU Members, including Poland, the United Kingdom, Ireland, Denmark, and Latvia, 

expressed an interest in reducing the classification at the European level to two categories, in 

order to simplify the issue. Other Members stated their preference for continuing the freedom 

given to EU Members by the Directive and keeping the current classification to avoid further 

costs. Supporters of this position included Sweden, Italy, Hungary, and Belgium. Finally, a 

third group of states, including Slovakia, Netherlands, and Romania, which have already put in 

are no longer met.48

II

46 Id. art. 11, para. 1(a) (citing 2002/584/JHA: Council Framework Decision of 13 June 2002 on the 

European Arrest Warrant and the Surrender Procedures Between Member States – Statements Made by Certain 

Member States on the Adoption of the Framework Decision, 2002 O.J. (L 190) 1, http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32002F0584:en:HTML). 

47 Id. 

48 Id. 

49 Malmström, supra note 2, at 4. 

The Law Library of Congress 237 
Firearms-Control Legislation and Policy 

The Law Library of Congress 238 

tional systems based on two or three categories, indicated that they welcome the 

eedom granted by Directive 91/477/EEC.50 

repared by Theresa Papademetriou 

enior Foreign Law Specialist 

place their na

fr

P

S

50 Report from the Commission to the European Parliament and the Council, supra note 6, at 7. 
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Compiled by Constance A. Johnson 

Senior Legal Research Analyst