The Bill of Rights 1689 allowed Protestant citizens of England to "have Arms for

their Defence suitable to their Conditions and as allowed by Law" and restricted
the ability of the English Crown to have a standing army or to interfere with
Protestants' right to bear arms "when Papists were both Armed and Imployed contrary
to Law" and established that Parliament, not the Crown, could regulate the right to
bear arms.[2][3]

Sir William Blackstone wrote in the 18th century that the right to have arms was
auxiliary to the "natural right of resistance and self-preservation" subject to
suitability and allowance by law.[4] The term arms as used in the 1600s, the term
refers to the process of equipping for war.[5] It is commonly used as a synonym for
weapon.[6]

Inclusion of this right in a written constitution is uncommon. In 1875, 17 percent

of constitutions included a right to bear arms. Since the early twentieth century,
"the proportion has been less than 9 percent and falling".[7] In their historical
survey and comparative analysis of constitutions dating back to 1789,[7] Tom
Ginsburg and colleagues "identified only 15 constitutions (in nine countries) that
had ever included an explicit right to bear arms. Almost all of these constitutions
have been in Latin America, and most were from the 19th century".[8]

Generally, where modern constitutions refer to arms at all, the purpose is "to
allow the government to regulate their use or to compel military service, not to
provide a right to bear them".[7] Constitutions which historically guaranteed a
right to bear arms are those of Bolivia, Colombia, Costa Rica, Guatemala, Honduras,
Liberia, Mexico, Nicaragua and the United States of America.[9] Nearly all of the
Latin American examples were modelled on that of the United States.[8] At present,
out of the world's nearly 200 constitutions, three still include a right to bear
arms: Guatemala, Mexico, and the United States; of these three, only the last does
not include explicit restrictive conditions.[7]
Americas
Guatemala
See also: Gun law in Guatemala
� The right to own weapons for personal use, not prohibited by the law, in the
place of in habitation, is recognized. There will not be an obligation to hand them
over, except in cases ordered by a competent judge.[10] �
� Article 38 of Guatemala Constitution

While protecting the right to keep arms, Guatemalan constitution specifies that
this right extends only to "weapons not prohibited by law".
Honduras
� Every person, in the exercise of their civil rights, may request a maximum of
five (5) licences for the possession and carrying of up to five (5) firearms by
submitting an application with the following information:

1) Form with personal information and residence; 2) Brand, model, serial number,
identification of modification of calibre, if any; as well as any other
characteristics of the weapon; 3) Proof of having undertaken a ballistic test; 4)
Payment of municipal matriculation and criminal background check; and, 5)
Identification documents.[11]
�
� Article 27 of Decree No. 69-2007, Modifying the Act on the Control of Firearms,
Ammunition, Explosives and Other Related Materials

Although not explicitly protected by the constitution, the right to keep and bear
arms is conditionally guaranteed by Honduran Statute law.[12]
Mexico
� The inhabitants of the United Mexican States have the right to possess arms
within their domicile, for their safety and legitimate defense, except those
forbidden by Federal Law and those reserved for the exclusive use of the Army,
Militia, Air Force and National Guard. Federal law shall provide in what cases,
conditions, under what requirements and in which places inhabitants shall be
authorized to bear arms.[13] �
� Article 10 of Mexican Constitution
See also: Gun politics in Mexico

Mexican constitution of 1857 first included right to be armed. In its first

version, the right was defined in similar terms as it is in the Second Amendment to
the United States Constitution. A new Mexican constitution of 1917 relativized the
right, stating that its utilization must be in line with local police regulations.

Another change was included in 1971 Constitution. Since then, Mexicans have the
right to be armed only within their home and further utilization of this right is
subject to statutory authorization in Federal law.
United States
� A well regulated militia, being necessary to the security of a free state,
the right of the people to keep and bear arms, shall not be infringed.[13] �
� Second Amendment to the United States Constitution
Main article: Right to keep and bear arms in the United States
Further information: Second Amendment to the United States Constitution
Europe
Czech Republic
Main article: Gun laws in the Czech Republic
� (1) Everyone has the right to life. Human life is worthy of protection even
before birth.

(2) Nobody may be deprived of her life.

(3) The death penalty is prohibited.
(4) Deprivation of life is not inflicted in contravention of this Article if it
occurs in connection with conduct which is not criminal under the law. The right to
defend own life or life of another person also with arms is guaranteed under
conditions set out in the law. [14]
�
� Proposal of amendment of Czech Charter of Fundamental Rights and Freedoms lodged
by 35 Senators on 24 September 2019 (Text in italics is preexisting, the last
sentence in subsection 4 is newly proposed in the Amendment.)

Historically, the Czech lands were at the forefront of the spreading of civilian
firearms ownership. In 1420s and 1430s firearms became indispensable tools for the
mostly peasant Hussite armies, whose amateur combatants, including women, fended
off a series of invasions of professional crusader armies of well armored warriors
with cold weapons. Throughout and after the Hussite wars, firearms design underwent
fast development and their possession by civilians became a matter of course. First
firearms regulation was enacted in 1517 as a part of general accord between the
nobles and burghers and later in 1524 as a standalone Enactment on Firearms (z?
�zen� o ru?nic�ch). The 1517 law explicitly stated that "all people of all standing
have the right to keep firearms at home" while at the same time enacting a
universal carry ban. The 1524 enactment set out a process of issuing of permits for
carrying of firearms and detailed enforcement and punishment for carrying without
such a permit.[15] Carrying later became again permitless until 1852, when Imperial
Regulation No. 223 again introduced carry permits.

Since inception through the Hussite revolution, the right to keep firearms endured
for over half-millennia until the Nazi gun ban during the German occupation in the
20th century. Firearms possession later became subject to government permitting
during the communist dictatorship with only those deemed loyal to the communist
party being able to be armed. After return of liberty, the Czech Republic instated
shall issue permitting process, under which all residents can keep and bear arms
subject to fulfillment of regulatory conditions.

In the Czech Republic, every resident that meets conditions laid down in Act No.
119/2002 Coll.[16] has the right to have firearms license issued and can then
obtain a firearm.[17][18] Holders of D (exercise of profession) and E (self-
defense) licenses, which are also shall-issue, can carry up to two concealed
firearms for protection.[19] The right to be armed is statutorily protected,
however it is not listed in the constitution.

A proposal to have right to keep and bear arms included in the constitution was
entered in the Czech Parliament in December 2016.[20] The proposal was approved by
vote of 139 to 9 on 28 June 2017 by the Chamber of Deputies. It later failed to
reach necessary support in Senate, where only 28 out of 59 Senators present
supported it (constitutional majority being 36 votes ).[21] A new proposal was
entered by 35 Senators in September 2019.
Switzerland
Further information: Gun laws in Switzerland

The Swiss have a statutory right to bear arms under Article 3 of the 1997 Weapons
Act.[22][a] Switzerland practices universal conscription, which requires that all
able-bodied male citizens keep fully automatic firearms at home in case of a call-
up. Every male between the ages of 20 and 34 is considered a candidate for
conscription into the military, and following a brief period of active duty will
commonly be enrolled in the militia until age or an inability to serve ends his
obligation.[23] Until December 2009, these men were required to keep their
government-issued selective fire combat rifles and semi-automatic handguns in their
homes as long as they were enrolled in the armed forces.[24] Since January 2010,
they have had the option of depositing their personal firearm at a government
arsenal.[25] Until September 2007, soldiers received 50 rounds of government-issued
ammunition in a sealed box for storage at home; after 2007 only about 2,000
specialist troops are allowed to keep the ammunition at home.[26]

In a referendum in February 2011, voters rejected a citizens' initiative that would

have obliged members of the armed services to store their rifles and pistols on
military compounds and required that privately owned firearms be registered.[27]
United Kingdom
� the subjects which are Protestants may have arms for their defence suitable
to their conditions and as allowed by law �
� Bill of Rights 1689
See also: Firearms policy in the United Kingdom
See also: Self-defence in English law
See also: Offensive weapon � UK

The right to keep and bear arms is not legally or constitutionally protected in the
United Kingdom.[28] While citizens may possess certain firearms on an appropriate
licence,[29] All handguns, automatic, and centerfire semi-automatic weapons are
illegal to possess without special proviso.[28][30]

The English Bill of Rights 1689 allowed:

That the Subjects which are Protestants may have Arms for their Defence
suitable to their Conditions and as allowed by Law.[31]

The first serious control on firearms was established with the passing of the
Firearms Act 1920.[32] Since the passing of gun control laws, the UK has one of the
lowest firearm death rates among developed nations, with 0.2 deaths per 100,000,
compared to 10.2 in the U.S.[33]

Since 1953, it has been a criminal offence in the United Kingdom to carry a knife
(with the exception of non-locking folding knives with a cutting edge of 3 inches
(7.62 centimetres) or less) or any "offensive weapon" in a public place without
lawful authority or reasonable excuse. The cutting edge of a knife is separate to
the blade length. The only manner in which an individual can carry arms is on
private property or any property which the public does not have a lawful right of
access as the law only creates the offence when it occurs in public[34][35] e.g. a
person's own home, private land, the area in a shop where the public have no
access, etc. Furthermore, Section 141 Criminal Justice Act 1988 specifically lists
all offensive weapons that cannot technically be owned - even on private property -
by way of making it illegal to sell, trade, hire, etc. an offensive weapon to
another person.[36]

Furthermore, the law does not allow an offensive weapon or ordinary item intended
or adapted as an offensive weapon to be carried in public before the threat of
violence arises. This would only be acceptable in the eyes of the law if the person
armed themselves immediately preceding or during an attack (in a public place).
This is known as a "weapon of opportunity" or "instantaneous arming".[35]
Other
Sharia law

Under Sharia law, there is an intrinsic freedom to own arms. However, in times of
civil strife or internal violence, this right can be temporarily suspended to keep
peace and prevent harm, as mentioned by Imam ash-Shatibi in his works on Maqasid
ash-Shari'ah (The Intents and Purposes of Shari'ah)[37][38] Citizens not practicing
Islam are prohibited from bearing arms and are required to be protected by the
military, the state for which they pay the jizyah. In exchange they do not need to
pay the zakat.[39]
Yemen
Main article: Gun law in Yemen

The Law Regulating Carrying Firearms, Ammunition & their Trade states that:[40]
� The citizens of the Republic shall have the right to hold the necessary
rifles, machine guns, revolvers, and hunting rifles for their personal use with an
amount of ammunition for the purpose of legitimate defense. �

Firearms are both easily and legally accessible.[41][42]

Gun violence and the politics of the right to bear arms

This section contains weasel words: vague phrasing that often accompanies biased or
unverifiable information. Such statements should be clarified or removed.
(September 2018)

Legal restrictions on the right to keep and bear arms are usually put in place by
legislators because they believe that they will reduce gun related violence.[43]
[44][45] Their actions are frequently the result of grass roots pressure for such
controls. The Brady, Snowdrop Campaigns, and the Million Mom March are recent
examples of campaigns calling for tighter restrictions on the right to keep and
bear arms.

Accident statistics are hard to obtain, but much data is available on the issue of
gun ownership and gun related deaths. The United Nations Interregional Crime and
Justice Research Institute (UNICRI) has made comparisons between countries with
different levels of gun ownership and investigated the correlation between gun
ownership levels and gun homicides, and between gun ownership levels and gun
suicides. A strong correlation is seen in both.

During the 1989 and 1992 International Crime Surveys, data on gun ownership in
eighteen countries have been collected on which WHO data on suicide and homicide
committed with guns and other means are also available. The results presented in a
previous paper based on the fourteen countries surveyed during the first ICS and on
rank correlations (Spearman's rho), suggested that gun ownership may increase
suicides and homicides using firearms, while it may not reduce suicides and
homicides with other means. In the present analysis, four additional countries
covered by the 1992 ICS only have been included, and Pearson's correlation
coefficients r have been used. The results confirm those presented in the previous
study.[46]

UNICRI also investigated the relationship between gun ownership levels and other
forms of homicide or suicide to determine whether high gun ownership added to or
merely displaced other forms of homicide or suicide. They reported that "widespread
gun ownership has not been found to reduce the likelihood of fatal events committed
with other means. Thus, people do not turn to knives and other potentially lethal
instruments less often when more guns are available, but more guns usually means
more victims of suicide and homicide." Speculating on possible causes the
researchers concluded that "all we know is that guns do not reduce fatal events due
to other means, but that they go along with more shootings. Although we do not know
why exactly this is so, we have a good reason to suspect guns to play a�fatal�role
in this".[47]

The research reporter found that guns were the major cause of homicides in 3 of the
14 countries it studied; Northern Ireland, Italy, and the United States. Although
the data seem to indicate that reducing the availability of one significant type of
arms�firearms�leads to reductions both in gun crimes and gun suicides and in
overall crimes and overall suicides, the author did caution that "reducing the
number of guns in the hands of the private citizen may become a hopeless task
beyond a certain point", citing the American example.[47]

In contrast to the 1993 study however, a more recent study by UNICRI researchers
from 2001 examined the link between household gun ownership and overall homicide,
overall suicide, as well as gun homicide and gun suicide rates amongst 21
countries. Significant correlations between household gun ownership and rates of
gun suicides for both genders, and gun homicide rates involving female victims were
found. There were no significant correlations detected for total homicide and
suicide rates, as well as gun homicide rates involving male victims.[48]
See also

Index of gun politics articles

List of countries by gun ownership
Overview of gun laws by nation
Right of self-defense
Knife legislation

Notes

"Art. 3 Recht auf Waffenerwerb, Waffenbesitz und Waffentragen: Das Recht auf
Waffenerwerb, Waffenbesitz und Waffentragen ist im Rahmen dieses Gesetzes
gew�hrleistet." (The right to acquire, possess and carry arms is guaranteed in the
framework of this law.)

References

Halbrook, Stephen P. (1994). That Every Man Be Armed: The Evolution of a

Constitutional Right (Independent Studies in Political Economy). Oakland, CA: The
Independent Institute. p. 8. ISBN 0-945999-38-0. OCLC 30659789.
"1688 c.2 1 Will. and Mar. Sess. 2". The National Archives (UK). Retrieved July 2,
2014.
"BBC: Bill of Rights Act, 1689 � The Glorious Revolution". bbc.co.uk. BBC. 2002.
Retrieved July 2, 2014.
"Blackstone's Commentaries on the Laws of England". Avalon.law.yale.edu. Retrieved
2012-05-22.
Harper, Douglas. "arm (n.)". Online Etymology Dictionary. Douglas Harper. Retrieved
12 March 2015.
"Arm". Thefreedictionary.com. Retrieved 12 March 2015.
Ginsburg, Tom; Elkins, Zachary; Melton, James (7 March 2013). "U.S. Gun Rights Are
Truly American Exceptionalism". Bloomberg. Retrieved 25 March 2016.
Elkins, Zachary (4 April 2013). "Rewrite the Second Amendment". New York Times.
Retrieved 29 March 2016.
Ginsburg, Tom; Elkins, Zachary; Melton, James (2016). "Data Visualizations � Right
to Bear Arms". CCP: Comparative Constitutions Project.
Pasley, Brennan Weiss, James. "Only 3 countries in the world protect the right to
bear arms in their constitutions: the US, Mexico, and Guatemala". Business Insider.
"Licences to Possess and Carry Firearms (Licencias para la Tenencia y Portaci�n de
Armas de Fuego) � GunPolicy.org". www.gunpolicy.org.
"Guns in Honduras � Firearms, gun law and gun control". www.gunpolicy.org.
Retrieved 2019-08-23.
"Mexican Constitution (As amended)" (PDF). pp. Article 10.
35 Members of the Senate of the Parliament of the Czech Republic (2019), Proposal
of amendment of Charter of Fundamental Rights and Freedoms (in Czech), Prague,
retrieved 29 September 2017
Gawron, Tom�. "Historie civiln�ho dr�en� zbran�: Z?�zen� o ru?nic�ch � ?esk� zbra?
ov� legislativa v roce 1524 [History of civilian firearms possession: Enactment on
Firearms - Czech firarms legislation in 1524]". zbrojnice.com (in Czech). Retrieved
1 November 2019.
Parliament of the Czech Republic (2002), Act No. 119/2002 Coll., on Firearms and
Ammunition (in Czech), Prague
Firearms Act, Section 8
Firearms Act, Section 16(1)
Firearms Act, Section 28(3)(B), 28(4)(C)
Ministry of Interior (2016), Proposal of amendment of constitutional act no.
110/1998 Col., on Security of the Czech Republic (in Czech), Prague, retrieved 16
December 2016
Pr�vo nosit zbra? pro zaji�t?n� bezpe?nosti ?eska Sen�t neschv�lil [The Senate
didn't adopt the right to carry a firearm for the purpose of protection of the
Czech Republic] (in Czech), 2017, retrieved 6 December 2017
"SR 514.54 Bundesgesetz �ber Waffen, Waffenzubeh�r und Munition (Waffengesetz WG)"
(official site) (in German, Italian, and French). Berne, Switzerland: The Swiss
Federal Council. 1 July 2016. Retrieved 2015-06-10.
The Swiss Army at Europeforvisitors.com.
Lott, John R. (October 2, 2003). "Swiss Miss". National Review. Retrieved March 17,
2010.
"Hinterlegung der pers�nlichen Waffe". Logistikbasis der Armee, Eidgen�ssisches
Departement f�r Verteidigung, Bev�lkerungsschutz und Sport. Retrieved 4 May 2013.
"Soldiers can keep guns at home but not ammo". Swissinfo. 27 September 2007.
"Switzerland rejects tighter gun controls". BBC News Online. 13 February 2011.
Alpers, Philip, Marcus Wilson, Am�lie Rossetti and Daniel Salinas (2015-04-29).
"United Kingdom � Gun Facts, Figures and the Law � Gun regulation, Right to Possess
Firearms". Sydney School of Public Health, The University of Sydney. Retrieved
2015-05-13.
"Guide on Firearms Licensing Law" (PDF). www.gov.uk. April 2016.
Kopel, David (1995). "It isn't about duck hunting: The British origins of the right
to arms". Michigan Law Review. Michigan Law Review Association (93): 1333�62.
Retrieved 7 April 2013.
"Bill of Rights [1688]". www.legislation.gov.uk.
John Pate (1903-08-11). "Dunblane Massacre Resource Page � Pistols Act, 1903".
Dvc.org.uk. Retrieved 2012-05-22.
"How U.S. gun deaths compare to other countries". CBS. October 7, 2017.
"Prevention of Crime Act 1953". www.legislation.gov.uk. Retrieved 2019-08-23.
"Offensive Weapons, Knives, Bladed and Pointed Articles | The Crown Prosecution
Service". www.cps.gov.uk. Retrieved 2019-08-23.
Participation, Expert. "Criminal Justice Act 1988". www.legislation.gov.uk.
Retrieved 2019-08-23.
A?mad Rays?n? (2005). Imam Al-Shatibi's Theory of the Higher Objectives and Intents
of Islamic Law. p. 60. Retrieved October 13, 2012.
"Purpose of Law" (Book). Imam Al-Shatibi's Theory of the Higher Objectives and
Intents of Islamic Law (Paperback).
Goldschmidt, Arthur; Arthur Goldschmidt Jr (2002). A concise history of the Middle
East. Boulder, Colo: Westview Press. p. 108. ISBN 0-8133-3885-9.
Yemen � Gun Facts, Figures and the Law, Gunpolicy.org (accessed 29 August 2019)
Weapons in Yemen, Yemeni gun market.
[1], Gun policy in Yemen
Wright, David (April 22, 2007). "U.K. Response to School Massacre: Ban Handguns".
ABC News.
"EU legislators push tougher gun controls". International Herald Tribune. November
29, 2007. Archived from the original on November 29, 2007.
"President Clinton Calls Brady Law a Success and Backs More Limits". New York
Times. December 1, 1999.
Killias, Martin (1993). "Gun Ownership, Suicide and Homicide: An International
Perspective" (PDF). In Alvazzi del Frate, Anna; Zvekic, Ugljesa; van Dijk, Jan J.
M. (eds.). Understanding Crime, Experiences of Crime and Crime Control - Acts of
the International Conference, Rome, 18�20 Nov 1992. Rome: United Nations
International Crime & Justice Research Institute (UNICRI). pp. 289�306. ISBN 92-
9078-023-1. Archived from the original (PDF) on 2008-01-07.
Killias, Martin (1993). "Gun Ownership, Suicide and Homicide: An International
Perspective" (PDF). In Alvazzi del Frate, Anna; Zvekic, Ugljesa; van Dijk, Jan J.
M. (eds.). Understanding Crime, Experiences of Crime and Crime Control - Acts of
the International Conference, Rome, 18�20 Nov 1992. Rome: United Nations
International Crime & Justice Research Institute (UNICRI). pp. 289�306. ISBN 92-
9078-023-1. Archived from the original (PDF) on 2008-01-07. "During the 1989 and
1992 International Crime Surveys data on gun ownership in eighteen countries have
been collected on which WHO data on suicide and homicide committed with guns and
other means are also available. The results ... based on the fourteen countries
surveyed during the first ICS and on rank correlations...suggested that gun
ownership may increase suicides and homicides using firearms, while it may not
reduce suicides and homicides with other means."

Killias, M.; van Kesteren, J.; Rindlisbacher, M. (2001). "Guns, Violent Crime,
and Suicide in 21 Countries" (PDF). Canadian Journal of Criminology. 43 (4):
429�448.

Further reading

Baker, Dennis (2009). Collective Criminalization and the Constitutional Right

to Endanger Others. Criminal Justice Ethics.
Cramer, Clayton E. (1994). For the Defense of Themselves and the State: The
Original Intent and Judicial Interpretation of the Right to Keep and Bear Arms.
Praeger Publishers. ISBN 0-275-94913-3.
Dizard, Jan E.; Muth, Robert Merrill; Andrews, Stephen P., Jr. (1999). Guns in
America: A Reader. New York University Press. ISBN 0-8147-1878-7.
Halbrook, Stephan P. (1989). A Right to Bear Arms: State and Federal Bills of
Rights and Constitutional Guarantees. Greenwood Press. ISBN 0-313-26539-9.
Malcolm, Joyce (1996). To Keep and Bear Arms: The Origins of an Anglo-American
Right. Harvard University Press. ISBN 978-0674893078.
Malcolm, Joyce (2004). Guns and Violence: The English Experience. Harvard
University Press. ISBN 978-0674016088.
Spitzer, Robert J. (1998). The Politics of Gun Control. Chatham House
Publishers. ISBN 1-56643-021-6.
 Uviller, H. Richard; William G. Merkel (2002). The Militia and the Right to
Arms. Duke University Press. ISBN 0-8223-3017-2.

vte

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