View source for Social:Right to keep and bear arms

{{Short description|Right of citizens to possess weapons}}
[[File:Defensive gun use training - Prague Cech Republic.jpg|thumb|A woman trains real-life defensive gun use scenarios with live ammunition at a video shooting range in Prague, Czech Republic.]]

The '''right to keep and bear arms''' (often referred to as the '''right to bear arms''') is a legal right for people to possess [[Social:Weapon|weapon]]s (arms) for the preservation of life, liberty, and property.<ref name=Halbrook1994p8>{{cite book |last=Halbrook |first=Stephen P. |year=1994 |title=That Every Man Be Armed: The Evolution of a Constitutional Right (Independent Studies in Political Economy) |url=https://archive.org/details/thateverymanbear0000halb/page/8 |page=[https://archive.org/details/thateverymanbear0000halb/page/8 8] |publisher=The Independent Institute |location=Oakland, CA |isbn=0945999380 |oclc=30659789 }}</ref> The purpose of gun rights is for self-defense, including security against tyranny, as well as hunting and sporting activities.<ref name="Levan">{{cite book |last=Levan |first=Kristine |url=https://books.google.com/books?id=h4aWFrgW74YC |title=Crime Prevention |publisher=Jones & Bartlett |year=2013 |isbn=978-1449615932 |editor1-last=Mackey |editor1-first=David A. |page=438 |chapter=4 Guns and Crime: Crime Facilitation Versus Crime Prevention |quote=They [the NRA] promote the use of firearms for self-defense, hunting, and sporting activities, and also promote firearm safety. |editor2-last=Levan |editor2-first=Kristine |chapter-url=https://books.google.com/books?id=h4aWFrgW74YC&pg=PA93}}</ref>{{rp|96}}<ref name="Larry Pratt">{{cite web |author=Larry Pratt |title=Firearms: the People's Liberty Teeth |url=http://gunowners.org/fs9402.htm |access-date=December 30, 2008}}</ref> Countries that guarantee the right to keep and bear arms include the [[Place:Czech Republic|Czech Republic]], Guatemala, {{wipe|Ukraine}}, Mexico, the {{wipe|United States}}, Yemen, and {{wipe|Switzerland}}.

==Background==

The Bill of Rights 1689 allowed [[Religion:Protestantism|Protestant]] citizens of {{wipe|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 [[Social:Standing army|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.<ref name="c21WillMarSess2">{{cite web |url=http://www.legislation.gov.uk/aep/WillandMarSess2/1/2/introduction |title=1688 c.2 1 Will. and Mar. Sess. 2 |publisher=The National Archives (UK) |access-date=July 2, 2014}}</ref><ref name=BBCBoR>{{cite news |url=http://news.bbc.co.uk/dna/place-lancashire/plain/A727265 |title=BBC: Bill of Rights Act, 1689 – The Glorious Revolution |author=<!--Staff writer(s); no by-line.--> |year=2002 |website=bbc.co.uk |publisher=BBC |access-date=July 2, 2014 |archive-date=July 14, 2014 |archive-url=https://web.archive.org/web/20140714182517/http://news.bbc.co.uk/dna/place-lancashire/plain/A727265 |url-status=dead }}</ref>

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.<ref>{{cite web |url=http://avalon.law.yale.edu/18th_century/blackstone_bk1ch1.asp |title=Blackstone's Commentaries on the Laws of England |publisher=Avalon.law.yale.edu |access-date=2012-05-22}}</ref> The term ''arms'', as used in the 1600s, refers to the process of equipping for war.<ref>{{cite web|last1=Harper|first1=Douglas|title=arm (n.)|url=http://www.etymonline.com/index.php?term=arm&allowed_in_frame=0|website=Online Etymology Dictionary|publisher=Douglas Harper|access-date=12 March 2015}}</ref> It is commonly used as a synonym for weapon.<ref>{{cite web|title=Arm|url=http://www.thefreedictionary.com/arm|website=Thefreedictionary.com|access-date=12 March 2015}}</ref>

Inclusion of this right in a written constitution is uncommon. In 1875, 17 percent of national constitutions included a right to bear arms. Since the early twentieth century, "the proportion has been less than 9 percent and falling".<ref name=Ginsburg>{{cite news |last1=Ginsburg |first1=Tom |last2=Elkins |first2=Zachary |last3=Melton |first3=James |title=U.S. Gun Rights Are Truly American Exceptionalism |work=Bloomberg |date=7 March 2013 |access-date=25 March 2016 |url=http://www.bloombergview.com/articles/2013-03-07/u-s-gun-rights-truly-are-american-exceptionalism}}</ref> In an article titled "U.S. Gun Rights Truly Are [[Social:American exceptionalism|American Exceptionalism]]," a historical survey and comparative analysis of constitutions dating back to 1789,<ref name=Ginsburg/> 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".<ref name=Elkins>{{cite news |author=Elkins, Zachary |title=Rewrite the Second Amendment |work=New York Times |date=4 April 2013 |access-date=29 March 2016 |url=https://www.nytimes.com/2013/04/05/opinion/rewrite-the-second-amendment.html?_r=0}}</ref>

==Countries recognizing the right to keep and bear arms==
===North America===
====Guatemala====

{{quote box|align=right|quote=
The right to own weapons for personal use, not prohibited by the law, in the place of inhabitation, is recognized. There will not be an obligation to hand them over, except in cases ordered by a competent judge.<ref>{{cite web|url=https://www.businessinsider.com/2nd-amendment-countries-constitutional-right-bear-arms-2017-10|title=Only 3 countries in the world protect the right to bear arms in their constitutions: the US, Mexico, and Guatemala|first=Brennan Weiss, James|last=Pasley|website=Business Insider}}</ref>
|source=Article 38 of Guatemala Constitution
|width=40%}} {{see also|Gun law in Guatemala}}

While protecting the right to keep arms, Guatemalan constitution specifies that this right extends only to "weapons not prohibited by law".

====Honduras====
{{quote box|align=right|quote=
Every person, in the exercise of their civil rights, may request a maximum of five (5) license for the possession and carrying of up to five (5) firearms by submitting an application with the following information<ref>{{cite web|url=https://www.gunpolicy.org/firearms/citation/quotes/9262|title=Licences to Possess and Carry Firearms (Licencias para la Tenencia y Portación de Armas de Fuego) |website=www.gunpolicy.org}}</ref> {{hidden|(...)| (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.}}
|source=Article 27 of Decree No. 69-2007, Modifying the Act on the Control of Firearms, Ammunition, Explosives and Other Related Materials (Honduras)
|width=40%}} The constitution of Honduras does not protect the right to keep and bear arms.

Although not explicitly mentioned in the legislation, every person is entitled to receive a license to keep and carry arms by Honduran Statute law, provided that they fulfill the conditions required by the law.<ref>{{cite web|url=https://www.gunpolicy.org/firearms/region/honduras|title=Guns in Honduras – Firearms, gun law and gun control|website=www.gunpolicy.org|access-date=2019-08-23}}</ref>

====Mexico====
{{quote box|align=right|quote=
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.<ref name="auto">{{cite web
 | url= http://www.ordenjuridico.gob.mx/Constitucion/articulos/10.pdf
 | title= Mexican Constitution (As amended)
 |pages= Article 10}}</ref>
|source=Article 10 of Mexican Constitution
|width=40%}} {{See also|Gun politics in Mexico}}

The Mexican constitution of 1857 first included the 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 1917 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====
{{quote box
| align = right
| quote = 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.<ref>{{Cite web|title=U.S. Senate: Constitution of the United States|url=https://www.cop.senate.gov/civics/constitution_item/constitution.htm#amdt_2_(1791)|access-date=2021-12-30|website=www.cop.senate.gov}}</ref>
| source = Second Amendment to the United States Constitution
| width = 40%
}} {{Main|Right to keep and bear arms in the United States}}

In the {{wipe|United States}}, which has an English common law tradition, a longstanding common-law right to keep and bear arms was practiced prior to the creation of a written national constitution.<ref name=McAffeeQuinlan>{{cite journal |last1=McAffee |first1=Thomas B. |last2=Quinlan |first2=Michael J. |year=1997 |title=Bringing Forward The Right To Keep And Bear Arms: Do Text, History, or Precedent Stand In The Way? |url=http://scholars.law.unlv.edu/facpub/512/ |journal=Scholarly Works |volume=Paper 512 |issue= |pages= }}</ref> Today, this right is specifically protected by the United States Constitution and many state constitutions.<ref name=Volokh2008>{{cite web |url=http://www2.law.ucla.edu/volokh/beararms/statecon.htm |title=State Constitutional Right to Keep and Bear Arms Provisions |last=Volokh |first=Eugene |date=2008 |website=law.ucla.edu |publisher= |accessdate= }}</ref>

===Europe===

====Czech Republic====

{{quote box|align=right|quote=
The right to acquire, keep and bear firearms is guaranteed under conditions set by this law.
|source=Article 1 Subsection 1 of Czech Firearms Act
|width=40%}}
{{quote box|align=right|quote=
(1) Everyone has the right to life. Human life is worthy of protection even before birth. <br />(2) Nobody may be deprived of their life. <br />(3) The death penalty is prohibited. <br />(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'''.<ref name="Con am3">{{Citation
| last       = 35 Members of the Senate of the Parliament of the Czech Republic
| year       = 2019
| title      = Proposal of amendment of Charter of Fundamental Rights and Freedoms
| location = Prague
| url        = https://www.senat.cz/xqw/webdav/pssenat/original/92773/77778
| access-date = 29 September 2017
| language   = cs
}}</ref>
|source=Constitutional amendment of Czech Charter of Fundamental Rights and Freedoms passed in 2021. Most of the Article is preexisting, the last sentence in subsection 4 was newly added.

Historically, the Czech lands were at the forefront of the spreading of civilian firearms ownership.<ref name="zrizeni" /> In the 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.<ref name="zrizeni" /> Throughout and after the Hussite wars, firearms' design underwent fast development and their possession by civilians became a matter of course.<ref name="zrizeni" />

Their first firearms regulation was enacted in 1517 as a part of general accord between the nobles and [[History:Burgher (social class)|burgher]]s and later in 1524 as a standalone Enactment on Firearms (''zřízení o ručnicích''). 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.<ref name="zrizeni" /> 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.<ref name="zrizeni">{{cite web
 | last = Gawron
 | first = Tomáš
 | title = Historie civilního držení zbraní: Zřízení o ručnicích – česká zbraňová legislativa v roce 1524 [History of civilian firearms possession: Enactment on Firearms – Czech firarms legislation in 1524]
 | work = zbrojnice.com
 | date = November 2019
 | url = https://zbrojnice.com/2019/11/01/historie-civilniho-drzeni-zbrani-zrizeni-o-rucnicich-ceska-zbranova-legislativa-v-roce-1524/
 | access-date = 1 November 2019
 | language = cs}}
</ref> Carrying later became permitless again until 1852, when Imperial Regulation No. 223 reintroduced carry permits. This law remained in force until the 1939 German invasion.<ref name="zrizeni" />

Since its inception during the Hussite revolution, the right to keep firearms endured over five-hundred years until the Nazi gun ban during the German occupation in the 20th century. Firearms possession later became subject to several legal conditions during the communist period. After the Velvet revolution, the Czech Republic instated a shall issue permitting process, under which all residents can keep and bear arms subject to the fulfillment of regulatory conditions.<ref name="zrizeni" />

In the Czech Republic, every resident that meets conditions laid down in Act No. 119/2002 Coll.<ref name="Firearms Act">{{Citation
| last       = Parliament of the Czech Republic
| year       = 2002
| title      = Act No. 119/2002 Coll., on Firearms and Ammunition
| location = Prague
| url        = http://www.zakonyprolidi.cz/cs/2002-119
| language   = cs
}}</ref> has the right to have a firearms license issued and can then obtain a firearm.<ref name="Firearms Act-p8">''Firearms Act, Section 8''</ref><ref name="Firearms Act-p16(1)">''Firearms Act, Section 16(1)''</ref> 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.<ref name="Firearms Act-p28(3)(B), 28(4)(C)">''Firearms Act, Section 28(3)(B), 28(4)(C)''</ref> The right to be armed is statutorily protected.

A proposal to have right to keep and bear arms included in the constitution was entered in the Czech Parliament in December 2016.<ref name="Con am">{{Citation
| last       = Ministry of Interior 
| year       = 2016 
| title      = Proposal of amendment of constitutional act no. 110/1998 Col., on Security of the Czech Republic
| location = Prague
| url        = https://apps.odok.cz/veklep-detail?pid=KORNAGNGZSFW
| access-date = 16 December 2016
| language   = cs
}}</ref> 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 (with constitutional majority being 36 votes).<ref>{{Citation
| year       = 2017
| title      = Právo nosit zbraň pro zajištění bezpečnosti Česka Senát neschválil [The Senate didn't adopt the right to carry a firearm for the purpose of protection of the Czech Republic]
| url        = https://zpravy.idnes.cz/zbrane-senat-pravo-bezpecnost-statu-ustava-novela-fw8-/domaci.aspx?c=A171206_215545_domaci_lre
| access-date = 6 December 2017
| language   = cs
}}</ref> A new proposal was entered by 35 Senators in September 2019<ref>{{Citation
| last       = Senate of the Czech Republic
| year       = 2020
| title      = Detail historie tisku č. 135 [Detailed history of proposal No. 135]
| publisher  = Senate of the Czech Republic
| location = Prague
| url        = https://senat.cz/xqw/xervlet/pssenat/historie?ke_dni=17.8.2020&O=12&action=detail&value=4471
| access-date = 17 August 2020
| language   = cs
}}</ref> and then approved on 21 July 2021, adding a new sentence, according to which "the right to defend one's own life or the life of another person even with the use of a weapon is guaranteed under the conditions set by the law."<ref>{{Cite web|date=2021-07-21|title=The right to bear arms in self-defense is embedded in the Czech constitution|url=https://www.expats.cz/czech-news/article/right-to-arms-embedded-in-czech-consitution|access-date=2021-07-22|website=www.expats.cz|language=en}}</ref>

====Switzerland====
{{quote box|align=right|quote=
The right to acquire, keep and bear arms is guaranteed within boundaries of this law.
|source=Article 3 of Swiss Firearms Act
|width=40%}}
The Swiss have a statutory right to bear arms under Article 3 of the 1997 Weapons Act.<ref name=WG>{{cite web |url=http://www.admin.ch/opc/de/classified-compilation/19983208/index.html |title=SR 514.54 Bundesgesetz über Waffen, Waffenzubehör und Munition (Waffengesetz WG) |publisher=The Swiss Federal Council |location=Berne, Switzerland |type=official site |language=de, it, fr |date=1 July 2016 |access-date=2015-06-10}}</ref>{{refn|group=lower-alpha|"Art. 3 Recht auf Waffenerwerb, Waffenbesitz und Waffentragen: Das Recht auf Waffenerwerb, Waffenbesitz und Waffentragen ist im Rahmen dieses Gesetzes gewährleistet." (The right to acquire, possess and carry arms is guaranteed in the framework of this law.)}} {{wipe|Switzerland}} practices [[Social:Conscription|universal conscription]], which requires that all able-bodied male citizens keep fully automatic firearms at home in case of a call-up. Each 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.<ref>[http://europeforvisitors.com/switzaustria/articles/swiss_army.htm The Swiss Army at Europeforvisitors.com].</ref> Until December 2009, these men were required to keep their government-issued [[Engineering:Selective fire|selective fire]] combat rifles and semi-automatic handguns in their homes as long as they were enrolled in the armed forces.<ref name="jrlnr">{{cite news|last=Lott |first=John R. |url=http://www.nationalreview.com/comment/lott200310020833.asp |title=Swiss Miss|work=National Review|date=October 2, 2003 |access-date=March 17, 2010}}</ref> Since January 2010, they have had the option of depositing their personal firearm at a government arsenal.<ref>{{cite web|title=Hinterlegung der persönlichen Waffe|url=http://www.lba.admin.ch/internet/lba/de/home/themen/pers0/bewaffnung/hinterlegung_der_persoenlichen.html|publisher=Logistikbasis der Armee, Eidgenössisches Departement für Verteidigung, Bevölkerungsschutz und Sport|access-date=4 May 2013}}</ref> 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.<ref>{{cite news|title= Soldiers can keep guns at home but not ammo |publisher=Swissinfo|date=27 September 2007|url=http://www.swissinfo.org/eng/search/Result.html?siteSect=882&sid=8470114}}</ref>

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.<ref name="bbc.co.uk">{{cite news |url=https://www.bbc.co.uk/news/world-europe-12441834 |title=Switzerland rejects tighter gun controls |date=13 February 2011 |newspaper=BBC News Online}}</ref>
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====Ukraine====

The right to keep and bear arms in Ukraine was expanded to include open carry by all citizens on February 23, 2022,<ref>{{Cite news |last=Reuters |date=2022-02-23 |title=Ukraine MPs vote to give permission for civilians to carry firearms |language=en |work=Reuters |url=https://www.reuters.com/world/europe/ukraine-mps-vote-give-permission-civilians-carry-firearms-2022-02-23/ |access-date=2022-09-14}}</ref> in response to the invasion of Ukraine by Russia. The move to expand the right to carry arms for all citizens of Ukraine was viewed as highly popular by Ukrainians.<ref name="Ukrainians Take Up Arms in Self Defense – Reason – J.D. Tuccille">{{cite web |last1=Tuccille |first1=J.D. |title=Ukrainians Take Up Arms in Self Defense |url=https://reason.com/2022/03/02/ukrainians-take-up-arms-in-self-defense/ |website=reason.com |date=2 March 2022 |publisher=Reason |access-date=11 March 2022}}</ref>
-->
====United Kingdom====
{{quote box
| align = right
| quote = That the Subjects which are Protestants may have Arms for their Defence suitable to their Conditions and as allowed by Law.
| source = Bill of Rights 1689
| width = 40%
}}
In the {{wipe|United Kingdom}}, there is no automatic right to bear arms,<ref name="SydneySchoolOfPublicHealth2015">{{cite web|author1=Alpers, Philip |author2=Wilson, Marcus |author3=Rossetti, Amélie |author4=Salinas, Daniel |url=http://www.gunpolicy.org/firearms/region/united-kingdom |title=United Kingdom – Gun Facts, Figures and the Law&nbsp;– Gun regulation, Right to Possess Firearms |publisher=Sydney School of Public Health, The University of Sydney|date=2015-04-29 |access-date=2015-05-13}}</ref> although citizens may possess certain firearms on obtaining an appropriate licence.<ref>{{cite web|url=https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/518193/Guidance_on_Firearms_Licensing_Law_April_2016_v20.pdf |title=Guide on Firearms Licensing Law |website=www.gov.uk |date=April 2016}}</ref>  Ordinary members of the public may own sporting rifles and shotguns, subject to licensing, while [[Engineering:Handgun|handgun]]s, [[Engineering:Automatic firearm|automatic]], and centerfire [[Engineering:Semi-automatic firearm|semi-automatic]] weapons are illegal to possess without special additional conditions.<ref name="SydneySchoolOfPublicHealth2015"/><ref>{{cite journal| last =Kopel| first =David| title =It isn't about duck hunting: The British origins of the right to arms| journal =Michigan Law Review| issue =6| pages =1333–1362| publisher =Michigan Law Review Association| year =1995| volume =93| doi =10.2307/1289883| jstor =1289883| url =http://www.guncite.com/journals/dk-dhunt.html| access-date = 7 April 2013}}</ref>
When not attended, all licensed firearms must be stored securely (locked) and separate from their ammunition. Regulations for airguns are less stringent and air pistols with a muzzle energy not exceeding 6 foot-pounds force (8.1 joules) and other airguns with a muzzle energy not exceeding 12&nbsp;ft⋅lbf (16 J) do not require any certificates or licensing, although the same storage requirement applies.
The first serious control on firearms was established with the passing of the Firearms Act 1920,<ref>{{cite web|author=John Pate |url=http://www.dvc.org.uk/dunblane/pistolsact.html |title=Dunblane Massacre Resource Page&nbsp;– Pistols Act, 1903 |publisher=Dvc.org.uk |date=1903-08-11 |access-date=2012-05-22}}</ref> handgun restrictions being added in response to the 1996 Dunblane Massacre in which 18 people died.

Historically the English Bill of Rights 1689 allowed:
{{blockquote|That the Subjects which are Protestants may have Arms for their Defence suitable to their Conditions and as allowed by Law.<ref>{{cite web|url=http://www.legislation.gov.uk/aep/WillandMarSess2/1/2/introduction/data.htm|title=Bill of Rights [1688]|website=www.legislation.gov.uk}}</ref>}}

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 "[[Engineering:Offensive weapon|offensive weapon]]" in a public place without lawful authority (e.g. police or security forces) or reasonable excuse (e.g. tools that are needed for work). The cutting edge of a knife is separate to the blade length. The only manner in which an individual may carry arms is on private property or any property to which the public does not have a lawful right of access, as the law only creates the offence when it occurs in public,<ref>{{cite web|url=http://www.legislation.gov.uk/ukpga/Eliz2/1-2/14/section/1/data.htm|title=Prevention of Crime Act 1953|website=www.legislation.gov.uk|access-date=2019-08-23}}</ref><ref name="cps.gov.uk">{{cite web|url=https://www.cps.gov.uk/legal-guidance/offensive-weapons-knives-bladed-and-pointed-articles|title=Offensive Weapons, Knives, Bladed and Pointed Articles {{!}} The Crown Prosecution Service|website=www.cps.gov.uk|access-date=2019-08-23}}</ref> e.g., a person's own home, private land, the area in a shop where the public have no access, etc. Furthermore, Criminal Justice Act 1988 Section 141 specifically lists all [[Engineering:Offensive weapon|offensive weapon]]s 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.<ref>{{cite web|url=http://www.legislation.gov.uk/ukpga/1988/33/section/141/data.htm|title=Criminal Justice Act 1988|website=www.legislation.gov.uk|access-date=2019-08-23}}</ref>

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".<ref name="cps.gov.uk"/>

===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).<ref name="p.60 Imam Al-Shatibi's Theory of the Higher Objectives and Intents of Islamic Law">{{cite book |url=https://books.google.com/books?id=Zt8I2GwVZs8C|author=Aḥmad Raysūnī |title=Imam Al-Shatibi's Theory of the Higher Objectives and Intents of Islamic Law |year=2005 |page=60  |publisher=International Institute of Islamic Thought (IIIT) |isbn=978-1565644120 |access-date=October 13, 2012}}</ref><ref name="Purpose of Islamic Law">{{cite web |url=http://www.amazon.com/exec/obidos/ASIN/1565644123/mower.shocksale-20 |title=Purpose of Law |format=Book |work=Imam Al-Shatibi's Theory of the Higher Objectives and Intents of Islamic Law (Paperback)
}}</ref> 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 [[Religion:Zakat|zakat]].<ref name="isbn0-8133-3885-9">{{cite book |author1=Goldschmidt, Arthur |author2=Goldscmidt Jr., Arthur |title=A concise history of the Middle East |publisher=Westview Press |location=Boulder, Colo |year=2002 |page=[https://archive.org/details/concisehistoryof00gold/page/108 108] |isbn=0813338859 |url=https://archive.org/details/concisehistoryof00gold/page/108 }}</ref><ref>حر عاملی، وسائل الشیعه، بیروت، ۱۴۰۳، ج۳، ص۳۸، باب۲۴، ح۲، و کلینی، محمد بن یعقوب، فروع کافی، تهران، ۱۳۱۲، ج۲، ص۱۱۷، و نجفی، محمد حسن، جواهر الکلام، بیروت، چاپ مؤسسة تاریخ عربی، ج ۱۱، ص ۳۳۱.</ref><ref>{{cite web | url=https://www.isna.ir/news/92100100355/%D8%A7%D9%85%D8%A7%D9%85%D8%A7%D9%86-%D8%AC%D9%85%D8%B9%D9%87-%DA%86%D9%87-%D8%B3%D9%84%D8%A7%D8%AD%DB%8C-%D8%AF%D8%B3%D8%AA-%D9%85%DB%8C-%DA%AF%DB%8C%D8%B1%D9%86%D8%AF-%D8%AA%D8%B5%D8%A7%D9%88%DB%8C%D8%B1 | title=امامان جمعه چه سلاحی دست می‌گیرند؟ + تصاویر | date=22 December 2013 }}</ref><ref>{{cite web | url=https://www.yjc.news/fa/news/7006374/%D8%AA%DA%A9%DB%8C%D9%87-%D8%A8%D8%B1-%D8%B3%D9%84%D8%A7%D8%AD-%D8%B6%D8%B1%D9%88%D8%B1%D8%AA-%D8%A7%D8%B3%D8%AA%D9%81%D8%A7%D8%AF%D9%87-%D8%A7%D8%B2-%D8%B3%D9%84%D8%A7%D8%AD-%D8%AA%D9%88%D8%B3%D8%B7-%D8%AE%D8%B7%DB%8C%D8%A8-%D8%AC%D9%85%D8%B9%D9%87-%D9%81%DB%8C%D9%84%D9%85 | title=تکیه بر سلاح؛ ضرورت استفاده از سلاح توسط خطیب جمعه +فیلم }}</ref>

====Yemen====
{{quote box|align=right|quote=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.<ref>[https://www.gunpolicy.org/firearms/region/yemen Yemen – Gun Facts, Figures and the Law], ''Gunpolicy.org'' (accessed 29 August 2019)</ref>
|source=Law Regulating Carrying Firearms, Ammunition & their Trade
|width=40%}} {{main|Gun law in Yemen}}
Yemen recognizes statutory right to keep and bear arms. Firearms are both easily and legally accessible.<ref name="Yemeni gun market">[https://web.archive.org/web/20140327053715/http://www.irinnews.org/Report/88094/YEMEN-Small-arms-sales-heading-underground Weapons in Yemen], Yemeni gun market.</ref><ref name="Yemeni gun laws">[http://www.gunpolicy.org/firearms/region/yemen], Gun policy in Yemen</ref>

{{Clear}}

== Gun violence and the politics of the right to bear arms ==

[[File:2010 homicide suicide rates high-income countries.png|thumb|upright=1.35|Gun-related homicide and suicide rates in high-income [[Organization:OECD|OECD]] countries, 2010, countries in graph ordered by total death rates (homicide plus suicide plus other gun-related deaths)<ref name="AJM201603">{{cite journal |last1=Grinshteyn |first1=Erin |last2=Hemenway |first2=David |title=Violent Death Rates: The US Compared with Other High-income OECD Countries, 2010 |journal=The American Journal of Medicine |date=March 2016 |volume=129 |issue=3 |pages=266–273 |doi=10.1016/j.amjmed.2015.10.025 |pmid=26551975 |doi-access=free }} ([https://www.webcitation.org/726BRzNvK?url=https://www.amjmed.com/action/showFullTableImage?isHtml=true&tableId=tbl4&pii=S000293431501030X Table 4]). ([https://www.amjmed.com/article/S0002-9343(15)01030-X/pdf PDF]).</ref>]]
[[File:2019 Gun ownership rates and gun homicide rates - developed world - scatter plot.svg|thumb|upright=1.35|Multiple studies show that where people have easy access to firearms, gun-related deaths tend to be more frequent, including by suicide, homicide, and unintentional injuries.<ref name="CNN_20211126">{{cite news |last1=Fox |first1=Kara |last2=Shveda |first2=Krystina |last3=Croker |first3=Natalie |last4=Chacon |first4=Marco |title=How US gun culture stacks up with the world |url=https://www.cnn.com/2021/11/26/world/us-gun-culture-world-comparison-intl-cmd/index.html |work=CNN |date=November 26, 2021 |archive-url=https://web.archive.org/web/20211126193406/https://www.cnn.com/2021/11/26/world/us-gun-culture-world-comparison-intl-cmd/index.html |archive-date=November 26, 2021 |url-status=live |quote=CNN's attribution: Developed countries are defined based on the UN classification, which includes 36 countries. Source: Institute for Health Metrics and Evaluation (Global Burden of Disease 2019), Small Arms Survey (Civilian Firearm Holdings 2017)}}</ref>]]
Legal restrictions on the right to keep and bear arms are usually put in place by legislators in an attempt to reduce [[Social:Gun violence|firearm-based violence]] and crime.<ref>{{cite news |url=https://abcnews.go.com/WNT/International/Story?id=3066193&page=1 |title=U.K. Response to School Massacre: Ban Handguns |first=David |last=Wright |date=April 22, 2007 |work=ABC News }}</ref><ref>{{cite news |url=http://www.iht.com/articles/2007/11/29/europe/union.php |title=EU legislators push tougher gun controls |work=International Herald Tribune |date=November 29, 2007 |archive-url=https://web.archive.org/web/20080208193010/http://www.iht.com/articles/2007/11/29/europe/union.php |archive-date=February 8, 2008 }} [https://www.nytimes.com/2007/11/29/world/europe/29iht-union.4.8532843.html Alt URL]</ref><ref>{{cite news |url=https://www.nytimes.com/1999/12/01/us/clinton-calls-brady-law-a-success-and-backs-more-limits.html |title=President Clinton Calls Brady Law a Success and Backs More Limits |work={{wipe|New York Times}} |date=December 1, 1999 }}</ref> Their actions may be the result of political groups advocating for such regulations. The Brady Campaign, Snowdrop Campaign, and the Million Mom March are examples of campaigns calling for tighter restrictions on the right to keep and bear arms. Accident statistics can be hard to obtain, but much data is available on the issue of gun ownership and gun related deaths.

=== United Nations Interregional Crime and Justice Research Institute ===

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 "substantial correlation" is seen in both:<ref name="UNICRI">{{cite book |last=Killias |first=Martin |year=1993 |chapter=Gun Ownership, Suicide and Homicide: An International Perspective |editor1-first=Anna |editor1-last=Alvazzi del Frate |editor2-first=Ugljesa |editor2-last=Zvekic |editor3-first=Jan J. M. |editor3-last=van Dijk |title=Understanding Crime, Experiences of Crime and Crime Control – Acts of the International Conference, Rome, 18–20 Nov 1992 |pages=289–306 |location=Rome |publisher=United Nations International Crime & Justice Research Institute (UNICRI) |isbn=9290780231 |chapter-url=http://www.unicri.it/wwk/publications/books/series/understanding/19_GUN_OWNERSHIP.pdf |quote=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. |url-status=dead |archive-url=https://web.archive.org/web/20080107174528/http://www.unicri.it/wwk/publications/books/series/understanding/19_GUN_OWNERSHIP.pdf |archive-date=2008-01-07 }}</ref>

{{blockquote|text=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 have been used. The results confirm those presented in the previous study.|author=Martin Killias|source=Understanding Crime, Experiences of Crime and Crime Control – Acts of the International Conference<ref>{{cite book |last=Killias |first=Martin |year=1993 |chapter=Gun Ownership, Suicide and Homicide: An International Perspective |editor1-first=Anna |editor1-last=Alvazzi del Frate |editor2-first=Ugljesa |editor2-last=Zvekic |editor3-first=Jan J. M. |editor3-last=van Dijk |title=Understanding Crime, Experiences of Crime and Crime Control – Acts of the International Conference, Rome, 18–20 Nov 1992 |pages=289–306 |location=Rome |publisher=United Nations International Crime & Justice Research Institute (UNICRI) |isbn=9290780231 |chapter-url=http://www.unicri.it/wwk/publications/books/series/understanding/19_GUN_OWNERSHIP.pdf |url-status=dead |archive-url=https://web.archive.org/web/20080107174528/http://www.unicri.it/wwk/publications/books/series/understanding/19_GUN_OWNERSHIP.pdf |archive-date=2008-01-07 }}</ref>}}

UNICRI also investigated the relationship between gun ownership levels and other forms of homicide or suicide to determine whether high levels of 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." 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".<ref name="UNICRI" />

This research found that guns were the major cause of homicides in three of the fourteen countries it studied: Northern Ireland, Italy, and the United States.<ref name="UNICRI" /> Although some data indicates that reducing the availability of one significant type of arms—firearms—leads to reductions both in gun crimes and gun suicides and moderate reductions 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 where gun laws remain a subject of heated debate (see also Gun politics in the United States).<ref name="UNICRI" />

A posterior 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. The researchers declared "The results show very strong correlations between the presence of guns in the home and suicide committed with a gun, rates of gun-related homicide involving female victims, and gun-related assault."<ref name="UNICRI2001" /> There were no significant correlations detected for total homicide and suicide rates, as well as gun homicide rates involving male victims.<ref name="UNICRI2001">{{cite journal |last1=Killias |first1=Martin |last2=van Kesteren |first2=John |last3=Rindlisbacher |first3=Martin |year=2001 |title=Guns, Violent Crime, and Suicide in 21 Countries |journal=Canadian Journal of Criminology |volume=43 |issue=4 |pages=429–448 |doi=10.3138/cjcrim.43.4.429 |url=https://pure.uvt.nl/portal/files/5263789/GunsKilliasvKesteren.pdf }}</ref>

=== Other ===

Some other research indicates that gun levels do not affect the total number of homicides or the total number of suicides, but rather affect the share of homicides or suicides committed with guns.<ref>''Journal of Criminal Justice'' 43:30–38 (2015); Social Science Quarterly 110(3):936–950 (2019)</ref>

Public-health critic, gun-rights proponent, and editor-in-chief of ''Surgical Neurology International'' Miguel Faria contended in 2012 that keeping and bearing arms not only has constitutional protection, but also that firearms have beneficial aspects that have been ignored by the public health establishment in which he played a part.<ref name="Faria" /> He also contended that guns are beneficial in self-defense, collective defense, and in protecting life and property.<ref name="Faria">{{cite journal |last1=Faria |first1=Miguel A. |title=America, guns, and freedom. Part I: A recapitulation of liberty |url=https://surgicalneurologyint.com/surgicalint-articles/america-guns-and-freedom-part-i-a-recapitulation-of-liberty/ |journal=Surgical Neurology International |year=2012 |volume=3 |pages=133 |publisher=Elsevier |doi=10.4103/2152-7806.102951 |pmid=23227438 |pmc=3513846 |access-date=17 April 2020 |doi-access=free }}</ref><ref name="Faria 2">{{cite journal |last1=Faria |first1=Miguel A. |title=America, guns and freedom: Part II – An international perspective |journal=Surgical Neurology International |year=2012 |volume=3 |pages=135 |publisher=Elsevier | issue=1| doi=10.4103/2152-7806.103542 |pmid=23227440 |pmc=3513850 |doi-access=free }}</ref>

A 2012 study in the journal ''Annual Review of Public Health'' found that suicide rates are greater in households with firearms than those without them.<ref name="Miller 393–408">{{cite journal | vauthors = Miller M, Azrael D, Barber C | title = Suicide mortality in the United States: the importance of attending to method in understanding population-level disparities in the burden of suicide | journal = Annual Review of Public Health | volume = 33 | pages = 393–408 | date = April 2012 | pmid = 22224886 | doi = 10.1146/annurev-publhealth-031811-124636 | doi-access=free }}</ref>

==See also==
<!-- See-also article "Gun politics" was moved/renamed 16 DEC 2013 to "List of gun laws and policies by country," and that was moved/renamed on 28 DEC 2013 to "Overview of gun laws by nation." Noting here because some editors, like me, have less-than-1-year editing on these pages and it's hard carrying the changes (December 2013 – January 2014) around in one's noggin. There was a little 3-editor discussion at the (currently) "Overview" talk page. -->
<!-- * Gun politics -->
* Index of gun politics articles
* List of countries by gun ownership
* [[Engineering:Overview of gun laws by nation|Overview of gun laws by nation]]
* Right of self-defense
* Knife legislation

==Notes==
{{reflist|group=lower-alpha}}

==References==
{{Reflist|30em}}

==Further reading==
* {{cite journal|last= Baker |first= Dennis |title= Collective Criminalization and the Constitutional Right to Endanger Others |journal= Criminal Justice Ethics |year= 2009 |volume= 28 |issue= 2 |pages= 168–200 |doi= 10.1080/07311290903181200 |s2cid= 144553546 |url= http://www.tandf.co.uk/journals/rcre}}
* {{cite book |last=Cramer |first= Clayton E. |title= For the Defense of Themselves and the State: The Original Intent and Judicial Interpretation of the Right to Keep and Bear Arms |publisher= Praeger Publishers |year= 1994 |isbn= 0275949133 |url= https://archive.org/details/fordefenseofthem00cram }}
* {{cite book |last1=Dizard |first1= Jan E. |last2= Muth |first2= Robert Merrill |last3= Andrews | first3= Stephen P. Jr. |title= Guns in America: A Reader |publisher= New York University Press |year= 1999 |isbn= 0814718787 |url-access= registration |url= https://archive.org/details/gunsina_xxx_1999_00_9977 }}
* {{cite book |last=Halbrook |first=Stephan P. |title= A Right to Bear Arms: State and Federal Bills of Rights and Constitutional Guarantees |publisher= Greenwood Press |year= 1989 |isbn= 0313265399}}
* {{cite encyclopedia |last= Lund|first=Nelson |editor-first=Ronald |editor-last=Hamowy |encyclopedia=The Encyclopedia of Libertarianism |chapter= Right to Bear Arms|chapter-url=https://sk.sagepub.com/reference/libertarianism/n269.xml|url= https://books.google.com/books?id=yxNgXs3TkJYC |year=2008 |publisher= [[Company:SAGE Publishing|Sage]]; [[Organization:Cato Institute|Cato Institute]] |location= Thousand Oaks, CA |doi= 10.4135/9781412965811.n269|isbn= 978-1412965804 |oclc=750831024| <!-- lccn = 2008009151 | -->pages=438–440}}
* {{cite book |last=Malcolm |first=Joyce |title= To Keep and Bear Arms: The Origins of an Anglo-American Right |publisher= Harvard University Press |year= 1996 |isbn= 978-0674893078}}
* {{cite book |last=Malcolm |first=Joyce |title= Guns and Violence: The English Experience |publisher= Harvard University Press |year= 2004 |isbn= 978-0674016088}}
* {{cite book |last=Spitzer |first=Robert J. |title= The Politics of Gun Control |url= https://archive.org/details/politicsofguncon00spit |url-access= registration |publisher= Chatham House Publishers |year= 1998 |isbn= 1566430216}}
* {{cite book |last=Uviller |first=H. Richard |author2=William G. Merkel |title= The Militia and the Right to Arms|publisher= Duke University Press |year= 2002 |isbn= 0822330172}}

{{Particular human rights|state=expanded}}

{{DEFAULTSORT:Right To Keep And Bear Arms}}
[[Category:Civil rights and liberties]]

{{Sourceattribution|Right to keep and bear arms}}