Understanding gun control legislation of different countries

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Last Updated03/06/2022

U.S. witnessed two episodes of mass shootings in a span of 11 days that killed more than 30 people including elementary school children.
2020: there were 24,576 homicides, of which approximately 79% involved use of a firearm.

Second Amendment of U.S. constitution: Right of the people to keep and bear Arms shall not be infringed.
- Often seen as the root cause of all firearm-related violence.
U.S. SC : held that amendment protects right to “keep and bear arms” for self-defence.

Recently, Canada introduced legislation to amend its Firearms Act.
- It is proposing to institute a ‘national freeze’ on handguns.
Preventing sale, purchase, transfer and import of handguns into Canada.
Significant as handguns were used in 49% of all firearm-related homicides in 2020.
Possessing fully-automatic weapon, unless registered before 1978, is illegal in Canada.
Gun licences are valid for five years and given to individuals at least 18 years of age upon completing Canadian Firearms Safety Course.
Vetting is done to ensure that applicants do not have history of violence, suffering from mental illnesses or were previously barred from process.
Proposed legislation would revoke licences from holders deemed to be danger to themselves or others.
It is mandatory for individuals and businesses to update records before transferring ownership of non-restricted items.

Acquiring a gun in Japan is particularly difficult.
- Present various documents
- Establish their ‘needs’
- Undertake an approximately month-long training on handling and safety
- Pass a scrutiny of criminal records and medical health, and
- Exam to prove eligibility.
Buying a weapon too requires a separate certification (from the dealer) mentioning desired model.
Eligibility: Applicants must be 18 years
- Not suffering from mental illnesses
- Not having a license revoked less than five years ago
- Not dependent on alcohol or narcotic substances, and
- Have a fixed residence.
Any violation is punishable with imprisonment for a period up to three years, which could extend up to five years or more along with a fine of 10 million yen if done for “purpose of profit”.
Some link Japan’s aversion to firearms with its demilitarisation after WWII.
Since overall crime rate is low, most Japanese see no need for firearms.

Turnaround in gun-law legislation came in 2019 after mass shootings at two mosques in Christchurch.
Legislation now requires firearms dealers to provide licence numbers of all its employees at a facility.
Mandatory for all weaponry to have identification number.
In case a dealer receives an item without the same, they are required to have them stamped or engraved within 30 days of receipt.
Eligibility: Applicants must be at least 16 years of age
- Undertake training in handling and storing firearms, and
- Pass an exam.
Vetting process requires applicant to furnish contact details of known people to ascertain that she/he is a ‘fit and proper person’.
If an applicant has resided overseas for six months or more in past 10 years, she/he need to provision criminal history check from each country.

Eligibility: Gun licence applicants must be at least 21 years
- Not convicted of any offence involving violence, of ‘unsound mind’ or a threat to public safety and peace.
Procedure: Upon receiving an application, licensing authority (i.e., MHA), asks officer in-charge of nearest police station to submit report about applicant after thorough vetting.
Arms Act amended in 2019 reduces number of firearms that an individual can procure from three to two.
Indian laws are elaborate in dealing with sale and unlawful trade of weapons.
It has specific provisions on curtailing use of licensed weapons to ensure social harmony.
No entity is permitted to sell or transfer any firearm which does not bear name of maker, manufacturer’s number or any other visible or stamped identification mark.
Any act of conversion or unlawful import-export is punishable with an imprisonment term of seven years, which may extend to life imprisonment and be liable to monetary fines.

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