Firearm - Legality

Legality

The legality of the possession and use of firearms is widely dependent on jurisdiction, type of firearm, type of ammunition, and specific place.

In the United States, possession and use of firearms is a recognized right, protected by the Second Amendment to the United States Constitution. Residents of the U.S. are generally allowed to own firearms, keep them in their homes, and use them for recreational purposes or for necessary personal defense. Laws passed by states that restrict these actions have generally been found unconstitutional by the U.S. Supreme Court. However, courts and various levels of government have indicated that the right is not without limit, and restrictions such as a prohibition of certain persons from owning or handling a gun (convicted felons, mentally ill persons, persons under a restraining order), a ban on certain types of ammunition (armor-piercing, incendiary/tracer, explosive), registration and restriction of certain types of firearms (automatic weapons, short-barrelled shotguns, certain types of modifications), and licensing requirements for possession or for public carry, have often passed judicial scrutiny (although some of these points remain untested and others are currently under challenge).

In the U.K., firearms law generally prohibits the ownership of virtually all handguns and semi-automatic or repeating-action centerfire rifles, as well as machine guns, rocket launchers, grenades etc. Rimfire rifles such as .22s are generally legal, as are shotguns of any type provided the firearm cannot hold more than three rounds. Legal possession of a firearm requires a Firearm Certificate or Shotgun Certificate (depending on the type of weapon). Case law in the United Kingdom generally makes it a crime to cause the death of another person by any means, with little or no provision for justifiable homicide. As such, firearms are kept primarily for sporting purposes including range shooting and hunting.

In continental Europe, attitudes on gun regulation by governments varies widely. Western European nations tend to have more restrictions on gun ownership and use than Eastern European nations. One notable exception to this general trend, Switzerland, mandates the possession of a personal, government-issued firearm by members of the militia (typically males between 20 and 30). Possession of a fully automatic firearm is prohibited in virtually all European countries except for members of the military/militia and collectors.

In the Middle East, gun laws again vary, but are generally restrictive among Arab nations, with most countries banning civilian ownership of firearms. Despite this, arms smuggling is rampant and black-market small arms, usually Russian-made, are bought and sold by various non-government organizations ranging from paramilitary groups to terrorist organizations. Israel does not recognize the possession of firearms as a right, and requires a license for the possession of a gun, however the circumstances in which one is eligible for a license are generally broader than most surrounding states. A license typically allows the holder to carry one handgun, in some cases a long gun, and residents in certain settlements such as the West Bank are issued firearms by the government and given civil defense training.

In most of central and southern Asia, firearms ownership is very tightly restricted. In China, firearms ownership is generally prohibited, with certain exceptions made for government agents including the military, sport shooters and farmers. Japan prohibits handguns entirely and long guns are restricted to shotguns and single-shot or semi-automatic rifles holding up to no more than five rounds within the magazine. Fully automatic firearms are restricted to law enforcement and the Self-Defense Forces.

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