99. APPENDIX III - "Gun control": international comparisons (talk.politics.guns Official Pro-Gun FAQ)
Description
This article is from the talk.politics.guns Official Pro-Gun FAQ, by Ken Barnes (kebarnes@cc.memphis.edu) with numerous contributions by others.
99. APPENDIX III - "Gun control": international comparisons (talk.politics.guns Official Pro-Gun FAQ)
See_The Samurai, The Mountie, And The Cowboy,"by David Kopel,
Prometheus Books, ISBN 0-87975-756-6, (1992) [Kopel's book
received the Comparative Criminology award from the American
Society for Criminology in 1992.]
"Lost Rights,"by James Bovard (see above)
[Disclaimer: The following represents the most recent information
available to me regarding the listed countries, and is derived
from publicly available sources. Firearms laws change frequently,
and vary from place to place. None of the information contained in
Appendix III should be considered legal advice or a legal restatement
of the firearms laws and regulations of any of the listed countries.
Consult a lawyer familiar with the firearms laws of the particular
country or region of interest for further information. Your mileage
may vary. Always read and follow label directions. The gun is always
loaded unless you've inspected the chamber yourself. Always keep the
weapon pointed in a safe direction. Identify your target, and know
your backstop. Always eject the magazine before clearing the chamber,
and never the other way around. Keep out of reach of children. Always
wear your safety belt, even with airbags. Don't drink and drive.]
JAPAN
An island nation with a truly insular culture for much of its long
history, Japan has only recently (since 1946) become a democratic
state. The authoritarian values of its past still linger, both in
the willing submission of most Japanese to the authority of the
state, and their dependence upon that authority for their personal
security (a faith somewhat shaken recently by the March 20, 1995
nerve gas attack on the Tokyo subway). A remarkably homogenous,
virtually monoethnic society, with strong traditions of conformity
and propriety; combined with what many_gaijin" (foreigners, lit.
"outside people") would describe as extraordinary (and intrusive)
police powers, helps keep crime rates very low. What serious crime
that does occur is dealt with very strictly, and in keeping with
Japan's traditional authoritarian tendencies. Most criminal suspects
are induced to confess, either through offers of more lenient
treatment, or are coerced into doing so through tactics like sleep
deprivation and relentless interrogation, and on occasion, physical
abuse. Particularly effective in extracting confessions and other
expressions of remorse from criminal suspects is the fact that
police can detain suspects for more than three weeks without charges,
and conduct interrogations without legal counsel present. Suspects'
confessions are a highly prized form of evidence in Japan, and can be
admissible even if obtained through coercion. Confessions from
criminal suspects are essentially a condition of bail, and a starting
point from which to gather the evidence needed for conviction. Jury
trials are not required in criminal cases, and search warrants are not
ordinarily required either. Police have broad discretion to disarm
people and seize weapons, and illegally seized evidence is often
still admissible.
There is a death penalty in Japan, hanging, though it is rare
and exercised with great secrecy, such that even the families of
the condemned do not learn of the execution until prison authorities
send a telegram asking whether the family would like the body cremated
or if they will come to the prison to pick it up! Condemned prisoners
without close relatives are simply "removed" from the government's
records when their executions are carried out. Though prison
sentences are usually short, Japanese prisons often require that
prisoners live in isolation, sometimes with little exercise, and have
no communication with other prisoners, minimizing risks of prison
riots, rapes, fights, and other violence, but at substantial cost to
prisoners' physical and psychological health. Even with this harsh
treatment, repeat offender (recidivism) rates are fairly high.
Prisoners can also be forced to work for prison industries which
are organized in cooperation with private corporations. In short,
although "gun control" is very strict, even non-gun crime rates are
kept low by implementation of what is essentially a police state.
Broad police authority in turn makes for easy enforcement of gun laws
against a population which has been kept disarmed by its rulers
for hundreds of years.
Handguns absolutely prohibited to civilians, yet organized criminals,
called_Boryokudan,""violent organizations," or_Yakuza,""hoodlums,"
still have them, and commit some 200 violent crimes with them
annually. Japanese police rarely use guns themselves, relying
instead on martial arts training (judo and kendo), and police batons.
About the only way a civilian can own or use a handgun legally is
to be a competitive target shooter, and only 50 such pistol licenses
are issued in the entire country! There are also 500 air pistol
licenses issued, all for competition target shooters. The only
legitimate reasons any civilian can own any gun in Japan are for
target shooting or hunting, and never for self-defense. Rifle owners
must be licensed, and rifles must be turned in to the police when the
license holder dies. Shotguns and air rifles (the most commonly owned
types of guns in Japan) must also be licensed, and all guns must be
stored unloaded in a gun safe separate from any ammunition, and in
a location known to the police. Pistols (other than air pistols)
must be stored in a locker at the local police station. All firearms
and ammunition in Japan must be registered, and no guns which hold
six or more rounds in the magazine (3 rounds for sporting shotguns)
may be owned in Japan. Needless to say, machineguns are prohibited
to civilians.
Licenses issued primarily to hunters and sportsmen, and for skeet
and small caliber target shooting. Licensees for all guns (except
air guns) must submit to a background investigation of their entire
household. Background checks are extensive (including checking for
political affiliation, a ten-year history of addresses, jobs, gun
ownership, etc.), as well as medical certification that the licensee
is mentally healthy and not addicted to drugs. Hunting with small-
bore (.22 cal) rifles is already prohibited in Japan, and large-bore
may soon be as well, once the existing hunting rifle licenses expire.
Getting such a hunting rifle license requires, on paper at least,
a ten-year history of continuous participation in shotgun or small-
bore rifle shooting, and applying for the gun to the local police
station.
Prospective licensees wanting to own_any_gun must attend a one
day lecture held only once each month at the local police station,
and pass a written 20-question exam with a score of 14 or more correct
answers, in order to be eligible to_apply_for a license. The
certification of having taken this class is valid for three years,
and Japanese gun owners must re-take the class every three years to
get re-certified, but for the renewal there is no test required. New
licensees for shotguns and rifles must also shoot a practical course.
Then, it takes a month or so for the police to process the extensive
paperwork required and to complete the background investigation
before they can grant permission. Once this is completed, a license
booklet, which resembles a passport, is issued, and the purchase is
authorized. The licensee must return to the police station with the
gun within two weeks of purchase in order to have the gun inspected
and the proper stamp placed on the license. Permission from the
police is also required to purchase ammunition for guns (other than
air rifle pellets), and all guns (and ammunition expended) must be
accounted for to the police on an annual basis. Hunters must obtain
a separate license to hunt in addition to the license required for
owning a hunting rifle. Hunting licenses are issued by the Governor
of each prefecture, and applying for one requires an additional course
and test which must be passed. The major shooting sports organization
in Japan is the Nihon Raiforu Shageki Kyokai [Japan Rifle Shooting
Association, abbreviated in English as NRA], and shooters are required
to join at least the local NRA affiliate in order to participate in
target shooting sports. Shooters must participate in matches in order
to keep their license properly stamped and current. If the license
is not kept current, and more than three years has elapsed since it
was last used, it cannot be renewed.
----------------------------------------------------------------------
Japanese information adapted in part from postings by
Masaaki Ishida (golgo17@RKBAcatnet.ne.jp) and
Tetsuya Nishimura (tetsuyan@RKBAaol.com)
CANADA
Search warrants only required for residences (and then not in
all circumstances), police given discretion to perform searches
of persons, vehicles, and premises (other than homes) for illegal
weapons and to seize weapons, use of registration lists as the
basis for "reasonable grounds" to authorize search and as consent
to search is commonplace. Police are less likely to use deadly
force to apprehend and control criminals than in the United States.
Handguns permitted if registered, as they are considered "restricted
weapons" (as are many rifles and shotguns). All "restricted" weapons
must be registered with the police, and "restricted" weapons may be
only purchased for one of four purposes: protection of life where
other protection is inadequate, target practice under the auspices
of a shooting club, in connection with a lawful profession or
occupation, or as part of a "bona-fide gun collector's" collection.
All firearms must be stored unloaded in a securely locked container
when not in use, and kept separate from ammunition. Trigger locks are
required for those restricted weapons not stored in a safe or vault.
Police may inspect the security of the storage arrangement of
restricted weapons at their discretion. Transport of firearms
requires a permit, and there are no actual "carry" permits issued
except as a condition of employment. Firearms may not be transported
without permit, and permits are only issued for transportation to
and from the gunsmith (or a new address), to and from the range or
shooting club, and to and from the police station where the gun
is registered. "Prohibited" weapons in Canada include short
barreled or "sawed-off" shotguns and rifles, silencers, and all
machineguns not registered prior to January 1, 1978; as well as
chemical defensive sprays (like OC), and electric stun guns.
Since few machineguns were registered prior to that date, and all
machineguns manufactured subsequent to that date are prohibited,
many machineguns were converted to semi-automatic in Canada in an
effort to comply with the law, but are still subject to confiscation.
Hollowpoint handgun ammunition is prohibited to Canadian civilians,
as is OC pepper spray, because effective self-defense is not
considered to be a reasonable use of such weapons by anyone but
police. Weapons may be added to the "restricted" list (or the
"prohibited" list) by administrative fiat, called an "Order In
Council," and issued by the Minister of Justice. Legislation
passed by Parliament in 1995 (Bill C-68) has expanded this fiat
power to include all previously non-restricted "sporting" guns
(including antique guns as well), resulting in the addition of most
semi-automatic rifles to the "prohibited" list, banning of .25
and .32 caliber handguns and all handguns with a barrel length
of less than 4 inches [105mm] (which will be destroyed without
compensation upon the death of their current registered owners),
adding a requirement for registration of all firearms in Canada
(not just "prohibited" weapons), and greatly extending police
power to conduct warrantless searches for all types of weapons,
including searches for/of paper-based and computer records, as
well as compelling citizens to assist police in their inspections.
Prospective firearms owners must obtain a licence, called a Firearms
Acquisition Certificate (FAC), in order to purchase any firearms,
which is good for five years, and is basically a "must issue" system,
and also enables FAC holders to purchase non-restricted "sporting"
rifles or shotguns by mail-order. Licensees must take classes, pass
tests, supply a recent, good-quality photo, fill out a four page
application and answer questions about recent relationships and
business failures, supply the references of at least two persons
who have known them for at least three years (must be a fellow
employee, spouse, minister, doctor, lawyer, tribal elder, etc.),
pass a background check in the Canadian Police Information
Computer (CPIC) [which lists all "encounters" with police
in Canada, not just criminal convictions], pay a $50 fee, and
wait at least 28 days before getting the FAC (with a typical
wait being six to eight weeks). Confidential medical information
need not be disclosed to the police in Canada, unlike the situation
in some U.S. states.
----------------------------------------------------------------------
Canadian information adapted in part from posts
by Skeeter Abell-Smith (ab133@RKBAsfn.saskatoon.sk.ca)
UNITED STATES OF AMERICA
America's "War on Drugs" has brought with it increased use of both
warrantless searches and so-called "no-knock" warrants (in which
police are authorized to break down doors without warning, in an
effort to prevent destruction of evidence). Both practices are
strictly contrary to Fourth Amendment protections against illegal
search and seizure, but are nonetheless commonplace, particularly
in public housing projects, where the Clinton Administration has
sought to increase their use in "cleaning up" crime ridden slums
by seizing drugs and weapons. However, the U.S. Supreme Court has
recently ruled that the categorical issuance of "no knock" warrants
in drug cases would render the Fourth Amendment's protection against
unreasonable searches "meaningless," re-affirming judicial review of
warrants in the case of_Richards v. Wisconsin" (U.S. Reports v."_"
p."_", Supreme Court Reports v.117 p.1416, Lawyer's Edition 2nd
series v.137 p.615, 1997). Such warrants aren't "unreasonable"
the Court said, so long as police have a "reasonable suspicion" that
announcing their presence would be dangerous or futile, or permit
destruction of evidence. Police in the United States are more
circumspect about violating the civil rights of wealthier Americans,
though such violations too, have been more common of late. The use
of asset forfeiture laws to seize property believed to have been
obtained with drug money has resulted in some harassment of wealthy
Americans, who must then prove that their assets were obtained
legally, a requirement which turns the presumption of innocence
on its head. Persons with large amounts of cash have been detained
and their currency seized on suspicion of carrying drug money.
Corruption of law enforcement has become a serious problem in
several major U.S. cities, such as New Orleans and Washington, D.C.
The threat of domestic and international terrorism has also been
used as a pretext for limiting the civil rights of all Americans.
Prominent cases of civil rights violations by the Bureau of Alcohol
Tobacco and Firearms and the FBI have outraged millions of Americans,
and increased their traditional distrust of government. The jury
system in several prominent cases has shown signs of stress. High
levels of violent crime associated with drug prohibition, while still
confined largely to America's most blighted inner cities, have been
terrifyingly recalcitrant to the efforts of the justice system,
and have inspired fear even in those not directly affected by crime,
resulting in the increased desperation of further "gun control"
measures, adding one futile layer of prohibition upon another.
Distrust of government and its demonstrated ineffectiveness at
controlling violent crime has prompted_both_increased calls for
"gun control" and the loss of other traditional American liberties,
as well as increased purchase of guns, and political opposition to
"gun control" by Americans suspicious of government's ability and
inclination to protect them and their civil rights.
Nevertheless, the U.S. Constitution still protects the civil
rights of all Americans to freedom of speech, freedom of the press,
freedom of religion, the right to keep and bear arms, the right
to peaceably assemble, and to be free from the abuses of arbitrary
power which many of the peoples of the world still must endure.
The United States is still one of the most heavily armed nations in
the world, and weapons of all types are legally available to her
citizens with a greater degree of freedom than in most any other
industrialized nation. The right to keep and bear arms is a part
of the constitutions of 43 of her 50 states, and is protected by
the federal Constitution of 1789 as amended in 1791. Machineguns,
short-barreled and "sawed-off" shotguns and rifles, silencers,
and military heavy weapons such as tanks, artillery, and other
"destructive devices" can be legally owned with the proper Federal
permission, which requires an FBI background check, and a $200
transfer tax. New machineguns manufactured after May 19, 1986
have been banned from sale to civilians, in violation of the Second
Amendment to the U.S. Constitution. Manufacture of certain types
of semi-automatic firearms which superficially resemble military
weapons, and of magazines capable of holding more than ten rounds of
ammunition has been banned from sale to the public since September
13, 1994; also a violation of the Second Amendment. As with the
machineguns, all of the banned weapons and magazines manufactured
prior to the ban dates are still legal to own. Handguns, rifles,
and shotguns are prohibited in only some states and localities,
usually those localities having a higher than average crime rate.
There is no national licensing or centralized national registration
system, except for those weapons which require Federal permission
and the transfer tax (NFA weapons). Handguns are registered in a
decentralized, paper-based records system which records information
about the purchaser for those handguns bought through a federally
licensed dealer, which includes all new handguns and a substantial
number of used ones. There are several state and local licensing
and registration requirements, ranging from de facto prohibition
of firearms, to unlicensed concealed carry. If there is any
correlation between gun ownership, gun laws, and crime, it is
arguably an inverse relationship in the United States.
GREAT BRITAIN
As is the case in Canada, British subjects are subject to warrantless
searches of persons and vehicles at police discretion, but searches
of residences still require a warrant (in most instances). Arrests
without warrant are common, and police have substantial discretion
to conduct search and seizures of weapons. Interrogation without
counsel is permitted, and evidence obtained from coerced confessions
is permitted. Jury trials for serious crimes are conducted without
many of the preemptory motions which can be used to dismiss biased
jurors in the United States, and the distinction between prosecutors
and defense attorneys (barristers) is not as clear cut as in the U.S.
British subjects lack the protection of the rights of free speech,
press, assembly, or to keep and bear arms, against the powers of the
Parliament, which combines the legislative and executive functions of
American government, and whose acts are not subject to judicial review
by a Supreme Court, as there is no written Constitution. Liberty in
Britain is protected only by the common law, and by tradition. Police
in Britain are primarily unarmed, although their use of weapons is
increasing in response to increased danger from criminals, who can
still obtain firearms, despite being on an island with more easily
defensible and secure borders than is the case in the United States.
Those police who do carry weapons carry them concealed in many cases.
Shrinking police budgets in some localities have resulted in the
extensive use of public surveillance video cameras by police, a
development which doesn't bode well for the right to privacy.
As in Japan, shotguns are easily the most popular firearms in Great
Britain, and have a special place in British firearms law (despite
being perhaps the most deadly of firearms, short of machineguns).
The special treatment of shotguns descends from the popularity of
bird hunting among many British landowners. As large game is
comparatively absent from Britain, rifles are more commonly
associated with their military use than with hunting. All shotguns
in Britain must be registered, and the prospective owners must show
"good reason" in order to be able to purchase one having greater
than a 3-round capacity. (Shotguns with 3-round or less capacity
are exempt from the "good reason" requirement.) Bolt-action and
lever-action rifles are likewise permitted only if the prospective
owner can show "good reason" for such ownership, such as being a
hunter, or member of a shooting club. All centre-fire semiautomatic
and pump-action rifles are banned, whether they resemble military
guns or not, and are subject to confiscation with reimbursement at
half the gun's purchase price or L150, whichever is less. All
handguns are banned, as a result of legislation passed by both
the Conservative (Tory) and Labour governments since the murders
on March 13, 1996 of 16 Scottish kindergartners and their teacher
in Dunblane by a deranged man armed with four licensed pistols.
The Firearms (Amendments) Act passed by the Tories on November 18,
1996 required handguns larger than .22 calibre be surrendered in
exchange for a government cheque between July 1st and September 30th
of 1997. When Tony Blair's Labour government got elected, they
extended the ban June 11, 1997 to include_all_civilian-held handguns
in Britain, which must be surrendered by the end of February, 1998.
The first round of buybacks collected some 160,000+ primarily
legally-held (and, of course,"registered") pistols at a cost of
L150 million. As in Canada, self-defense is not considered a "good
reason" for owning any gun, and as in Canada, chemical defensive
sprays like tear gas and OC pepper spray have been prohibited to
the public. Martial arts weapons and the carry of knives in public
has also been banned. (There have even been knife "turn-in"
programmes!) Shotgun shells and other ammunition must be registered
at purchase, and are only sold to shotgun or firearms licence holders.
Hollowpoint ammunition is also banned by the recent Firearms Act.
All firearms must be stored securely to the satisfaction of local
police, or the required licences may not be renewed. Similar coercion
is used to obtain inspections of the storage location, at police
discretion. As many police chiefs in Britain, as in the U.S., are
hostile to private firearms ownership, even the issuance of shotgun
licences is on the decline. (There are currently about 500,000
shotgun certificates and 140,000 firearm certificates on issue in
the U.K.) Further anti-gun legislation is expected by British
shooters, including bans on cap-and-ball revolvers, lever-action
rifles, and possibly even shotguns...
British subjects who wish to own firearms must obtain either a shotgun
certificate, or a firearms certificate (applicable to bolt- and lever
action rifles) from the local police station, which requires, as in
Canada, two personal references from persons of good standing
(such as an MP, justice of the peace, minister of religion, doctor,
lawyer, civil servant, etc.) who have known the applicant for at
least two years, as well as showing "good reason" for being permitted
to obtain the gun. The "good reason" must include proof of the
applicant's membership in a shooting club, or a letter from a
landowner granting permission to hunt on his land. The applicant
must specify full details of the type and calibre of weapon, and
explain where the weapon will be stored and used, as well as the
maximum quantity of ammunition planned to be kept and purchased.
The application fee is L56, and within two to four weeks a police
officer will visit to interview the applicant and to inspect the
storage location and security measures. Once issued a Fire Arms
Certificate (FAC) it is valid only for purchase of the gun and
ammunition specified on it, and a gun purchaser must notify the
Chief Constable of the local Police Authority within a few days
after purchase of the gun for which permission has been granted.
Disposal of the gun doesn't renew the permission, and if another gun
or another calibre is desired, a new application must be submitted.
Each certificate must be renewed after five years, and the gun owner
must go through the whole application procedure again, including
payment of the L56 application fee. Issuance of these certificates
is discretionary in Britain, unlike the case in Canada.
----------------------------------------------------------------------
British law coverage based in part on a posting by David Rees
(drees@RKBAnovell.com.uk), as well as text of the Firearms Act
(located at http://www.hmso.gov.uk/acts/acts1997/1997005.html ),
and press reports.
SWITZERLAND
Switzerland places a far heavier reliance on decentralized government,
and individual responsibility, which, when combined with a greater
degree of social control than Americans would likely tolerate, helps
keep the crime rate low. Switzerland's current constitution, which
was adopted in 1848, reflects the influence of the United States, in
that it for the first time recognized individual rights, rather than
only the rights of the various cultural, linguistic, and religious
groups which form the basis of cantonal (state) distinctions. Crime
has increased slightly in recent years, but much of Swiss crime is
attributable to the drug trade and to foreigners. Swiss citizens are
generally_very_law abiding, and the Swiss have not seen the need
for the sorts of harsh justice and broad police powers seen elsewhere.
There is no death penalty, and sentences in Switzerland are usually
short for all crimes except murder. All prisoners must serve at least
two-thirds of their nominal sentences. Judges are popularly elected
in some cantons. Violent movies can be banned, and racist and anti-
Semitic acts, speech or publications are strictly prohibited. Arrests
can only be made with warrant, and suspects must be charged within
24 hours after arrest. Foreigners who have been denied political
asylum, however, can be held in administrative detention for up to a
year if they are considered a risk to escape deportation. Foreigners
can also be stopped by police on the street and asked for their
identity papers. Police permits are required for public meetings,
but are generally issued unless there is the likelihood of violence.
Some cantons have official state-sponsored churches, but taxes to fund
them are optional. Though narcotics are illegal, the laws have only
recently been enforced with any severity. Swiss banking secrecy laws
have led to the Swiss confederation becoming a center for drug money
laundering. Zurich's notorious Platzspitz "Needle" Park was closed
several years ago for public health reasons, and because international
publicity about the park had attracted drug dealers and criminals.
Other Swiss cities with similar parks have also sought to close them
to drug users, and some drug abusers are instead now being given their
drugs under medical supervision, as a public health measure. Violent
crime is still rare, despite the widespread availability of weapons.
Switzerland requires mandatory military service for its men, but there
is only a small standing army. The Swiss rely upon a militia system
for defense of the confederation, and because of this, ownership of
all types of military weapons is more widespread even than in the
United States. The front line troops of the_Auszug_must keep their
fully-automatic military assault rifle and seventy-two rounds of
sealed ammunition at home during their term of service from age 21-32.
The current issue militia weapons are the SIG Sturmgewehr 90 (.223)
and SIG Sturmgewehr 550/551 (.223) assault rifles, and the SIG-Sauer
P220 9mm semi-automatic pistol. Even after their service in the
"Auszug,"Swiss men still remain part of the militia, either in a
home guard ("Landwehr"), or reserve capacity ("Landsturm") until
age 42 (52 for officers). Practice with weapons is a popular
recreation, and is encouraged by the government, particularly for
the members of the militia. "Ordnance" ammunition is subsidized
and available for sale at shooting ranges, and there is a regulatory
requirement that ammo sold at ranges must be used there, but this
is never really enforced. Sale of all ammunition is registered
at the dealer if purchased at a private store, but it is not
registered if purchased at a range. All types of ammunition are
available for commercial sale, including calibers for military-issue
weapons, and hollowpoints. Ammunition sales are registered only
at the point of sale by recording the buyer's name in a bound book.
Semi-automatic rifles are registered at the dealer and with the
police in those cantons having registration at all, otherwise only
full-automatics and other military guns must be registered with
the government. Unlike the United States, handgun purchases aren't
even registered in some cantons. Restrictions on the purchase of
non-lethal weapons like pepper spray, which had been in effect in
some cantons, have been eased.
Purchase of handguns is licensed on a "must issue" basis at the cantonal
(state) level, with "firearms purchase certificates" issued to all
adult residents without criminal records or history of mental illness.
Handguns and semi-automatic rifles are registered using the same
"triple-sheet" form in those cantons which have any registration, with
one copy going to the police, one to the dealer, and one to the owner.
One canton doesn't require a license for handgun purchases, and
purchase of hunting guns and most types of semi-automatic shotguns
and rifles usually require no permits. Since actual military guns are
issued freely (albeit with a licensing and registration requirement
at the cantonal level), controls on other guns can be comparatively
mild. There are no restrictions on the carrying of long guns, and
only fifteen of the twenty-six cantons require carry permits for
handguns (which usually require that "necessity" for carrying the
handgun be demonstrated). Laws have been passed which restrict the
purchase and carry of weapons by non-Swiss citizens like Turks and
people from the embattled area of the former Yugoslavia. There have
been calls for more "gun control" from some quarters in Swiss society
(including Swiss anti-gun criminologist, Martin Killias) but the
tradition of Switzerland's armed citizenry is being kept alive by
the activist gun owners organization ProTell (named after Swiss hero
and marksman William Tell), which is associated with the Swiss
Riflemen's Society, much as the NRA-ILA is associated with NRA
in the United States. There are also several other shooting sports
organizations.
----------------------------------------------------------------------
Swiss information updated with the kind help of
Emmanuel Baechler (ebaechle@RKBAhospvd.ch)
GERMANY
Law enforcement in Germany is primarily the responsibility of the
Laender (state governments) but the Federal Office handles crimes like
narcotics smuggling, gun running, and counterfeiting. Search warrants
are required for searches of residences, and arrest warrants are
required for arrest. German police must charge suspects within 24
hours of arrest. Freedom of speech and assembly is constitutionally
limited, and certain organizations (such as neo-Nazis) are illegal.
Sadly, much of the neo-Nazi propaganda, and some of the organizers of
such groups, have their origin in the United States. Although crime
has risen in Germany since 1990, the criminal misuse of guns accounts
for a tiny fraction of criminal acts. While negligible in comparison
to the United States, the use of guns by criminals in Germany is on
the increase, and a number of Germans have armed themselves in
response (including ethnic minorities). There is also some increase
in cross-border crime between Eastern Germany and the relatively poor
neighboring nations of the former Soviet bloc like Poland and
Czechoslovakia, much as occurs between the United States and poorer
neighboring Mexico. Despite strict "gun control" laws, otherwise
law-abiding Germans have engaged in smuggling guns into Germany
from other European states such as France and Belgium, where
their purchases are legal, and only a personal ID card is required.
Some 14,000 firearms were seized in 1993, according to the German
Federal Crime Office, and the French and Belgian governments are now
reporting gun purchases by German citizens back to law enforcement
in Germany. Not all guns in Germany come from other countries,
however. Some guns were sold to eastern German civilians by
departing Soviet troops!
The ownership and purchase of firearms is very tightly controlled in
Germany, and there is total firearms registration and licensing in
place. Pepper spray is also prohibited in Germany, because of a
bureaucratic foul-up. There is a constitutional requirement for
military service in Germany for German men over age 18 (though
it_is_commonplace to opt out of the Army through_Zivildienst,"or
"civilian duty," which is like conscientious objector status, but
one still must do another type of government job instead). What
it amounts to is that if you're not in the armed forces or police,
the government doesn't trust you with a firearm (at least not
without an extensive investigation and a government-issued license).
Gun owners must be licensed, and this requires a full background check,
which can take several months. The background check is run through
a central records office in Berlin. Once the background check is
completed, and approval is for a license is granted, the license,
called a_Waffenbesitzkarte,"or "weapon-holder's card," is issued.
There are four types of licenses, a pink one issued to collectors,
a yellow one issued to sport-shooters, a green one issued to hunters,
and another kind which is granted only to people who are considered
to be in "concrete danger," such as security guards, or (rarely) if
the licensing office thinks you have demonstrated "need". The license
serves as a "ration card" for recording firearms purchases, and as
evidence that the buyer has passed the background check. The pink
"collector's licenses" for antique guns are very expensive, and are
nearly impossible for the average German to obtain. Collectors are
not permitted to buy ammunition for the guns in their collection,
or shoot the guns in their collection (where's the fun in that?),
so they're mainly for museum-type collections. People who've acquired
guns by inheritance are also prohibited from buying ammunition for
them unless they get a proper permit to do so. The most common types
of licenses are those for hunters and sport-shooters, but as a sport-
shooter, you must get permission from your shooting club to purchase
certain types of guns, and the club makes a notation on your card
if they think you ought to qualify for the gun. Hunting is primarily
a rich man's sport in Germany, since you must pay the landowner for
the right to hunt (~$1,500-$6,000), and essentially this means that
hunters will often form hunting clubs in order to split the costs.
Sport-shooting is also a fairly expensive hobby since there is less
of a market for guns and ammo in Germany, given the restrictions.
Obtaining a hunter's or sport-shooter's license costs about 82 DM.
Sport-shooters are permitted an unlimited number of single-shot rifles
and/or shotguns, but only two handguns. Only with special permission
from a shooting club can a sport-shooter get a multi-shot rifle or
shotgun. Semi-automatic long guns with a magazine capacity greater
than 2 rounds are permitted only to hunters. After purchasing a gun,
it must be registered within two weeks, and the registration fee is
15 DM per gun. Most applicants for the_Jagdschein"[hunter's license]
take courses to prepare for the test which is involved, and the test
costs 200 DM. Licensed hunters are allowed an unlimited number of
rifles and/or shotguns, but only two handguns. Hunters have 4 weeks
to register new long guns. Sport-shooting licensees are only
permitted to buy ammunition for handguns or sporting rifles and
shotguns in calibers they actually own, but licensed hunters are
allowed to purchase any caliber ammunition for long guns. Owning
machineguns or other military weapons is prohibited to German
civilians. The major civilian shooting sports organization in
Germany is the_Deutsche Schutzenbund"[German Shooter's League].
While Germans may have highly restrictive laws on firearms, there
are no speed limits on the autobahnen (highways), and proposals to
impose speed limits have met with the type of passionate opposition
that "gun control" laws face in the U.S.! Evidently the speed
limiters in Germany have yet to convincingly wield the gun banner's
slogan: "If it saves only one life..."
----------------------------------------------------------------------
German information updated with the valuable assistance of
Andreas Miehe (andreas@RKBAbahamas.ipp.tu-clausthal.de)
AUSTRALIA
Police are organized on the state level, and there is a healthy distrust
of authority in Australia, in some sense extending back to its 1788
founding as a British penal colony. Nevertheless, Aussie police are
professional and effective, and criminals typically serve longer
sentences sooner in Australia than is the case in the United States.
Police are forbidden by law to search without warrants, but like other
Commonwealth nations, and Britain itself, there is no Australian
equivalent to the U.S. Bill of Rights, except for a constitutional
prohibition against establishment of an official religion. Voting
is_compulsory_for Australians over age 18, and those who don't
exercise their civic duty in this way can be (and are) fined!
In Australia, the "gun control" battle centers on long guns, as handguns
have been tightly restricted along the lines of Canada's "need" based
licensing system for some time. Handgun hunting is illegal, and those
Australians who wish to own handguns must be part of a target shooting
club, or must own the gun for some job-related reason. Self-defence
is not considered a legitimate reason for owning a pistol, and as in
Canada, non-lethal defensive sprays like tear gas and pepper spray are
prohibited. Nonetheless, a number of Australians keep their pistols
ostensibly registered for "target shooting" around for home and self-
defence. Criminals, of course, can still get handguns, but Aussie
criminals have frequently substituted deadlier and more easily
accessible long guns. As a result of the 1996 Port Arthur massacre
and other highly publicised shootings, the Australian government has
implemented uniform British-style "gun control" over the entire
country. However, because the national government in Canberra has
no constitutional authority over gun laws, the new laws had to be
passed in the state legislatures. Previously, gun laws varied from
state to state, with the most controls in Victoria (where semi-auto
rifles were banned to all but sport shooters with a special hard-to-get
licence), and the least in Tasmania (which until 1993 was the only
Aussie state to permit private ownership of machineguns, which had
been banned to civilians in the rest of country since the 1920s).
Semi-automatics had been legally available only in Queensland, South
Australia, and in Tasmania.
Under the legislation recently adopted, Australia has banned all
automatic, semi-automatic and pump-action long guns for civilians
(along the lines of the Victoria system), and has implemented a
complete national gun registration system over what remains (only
single-shot long guns are permitted to ordinary Australians, though
semi-automatic pistols for target shooters are still legal), along
with a uniform system of reciprocal licensing of gun owners. There
is now a nationwide 28-day waiting period between permit and purchase,
and a mandatory training requirement for gun owners. Gun owners are
required to own a steel safe, and keep ammunition and weapons stored
seperately. The passage of the Aussie gun ban laws, championed by
John Howard's Liberal Party, spawned the largest gun import spree
in Aussie history, as Australians tried to cash in on the government's
A$500 million "buy back"-style confiscation programme. More than
640,000 guns of all kinds were turned in for "fair market value"
payments between October 1 and September 30, 1997, with an estimated
total value of A$314 million. (The state governments are now wrangling
over how best to spend the "surplus" gun confiscation funds.) Those
Aussies who chose instead to bury their guns (which has happened in
some states) face a A$20,000 fine and as much as four years in jail
if discovered. Many shooters who turned in guns are believed to have
spent the money they recieved to buy additional legal guns, according
to press reports. Prior to the adoption of the ban laws, 70,000
pro-gun protesters marched in Melbourne, believed to be the largest
such public demonstration on Australian soil since the Vietnam War.
Australia's experiment in strict "gun control" will be an interesting
sociopolitical and criminological laboratory in coming years, whatever
the result.
Australian gun owners must obtain a licence, which requires a background
check, and the completion of training classes. Licensees must show
"need" at application, such as proof of membership in a shooting club,
or permission to hunt from a landowner. Australia's gun owners have
organized politically to oppose "gun control" (with limited success),
and the Sporting Shooters Association of Australia has obtained some
organizational assistance from the U.S. National Rifle Association's
Institute for Legislative Action (NRA-ILA).
----------------------------------------------------------------------
The latest on Australia's "gun control" struggle can be found on
the SSAA's website at http://www.ssaa.org.au/
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