In Honduras, the commerce, ownership, possession and use of firearms is regulated. [1] Escalation in crime and the use of firearms in the commission of crimes and homicides has brought political and public discourse to consider regulation of arms. [2]
Up until 1985, there was no official regulation of gun ownership and possession by private citizens although Title III, Chapter IV, Article 94 of the Honduran Constitution of 1965, replaced in 1982, stated No one may possess or carry weapons without the permission of the competent authority. The law shall regulate this provision; [3] while the Constitution of 1957 on Title II, Chapter IV said The inhabitants of the republic can own and carry weapons in accordance with the law. [4]
The current Constitution of Honduras, enacted in 1982, makes no direct mention of the 'right to keep and bear arms' and the role firearms should play as a constitutional right; however, Title V, Chapter X, Article 292 ...reserve[s] as exclusive power of the Armed Forces the manufacturing, import, distribution and sale of arms, ammunition and the like. [5] Other clauses in the Constitution regarding the right of citizens to life and personal safety have served as foundation to the legislation and regulation of individuals' right to possession and the use of firearms.
Until June 2007, openly carrying a firearm in public as well carrying a concealed weapon was permitted [6] but increased attention to deaths by firearm in the country led to further restrictions on the possession of firearms. Current law still makes the purchase, ownership, and possession of firearms legal and it describes the type of firearms permitted for civilian ownership. [7] The 2007 small arms survey shows 6 guns owned per 100 citizens in Honduras.
The legal control of the proliferation and of the illegal use of firearms is relatively new in Honduras. Prior to 1985, ownership or possession of a firearm by a private citizen was considered no more than the ownership and possession of any other piece of property. When a crime was committed using a firearm, other than regarding the weapon as evidence to the crime, its possession and use in the crime was not a crime by itself but the act committed, such as murder or robbery, was the violation to prosecute.
In May 1985, when Honduras was transiting from military rule to a democracy, the Regulations for the Possession and Carrying of Weapons, Agreement Number 1029 was passed by the Legislative Power. By the mid 1990s, the administration of police forces was no longer part of the armed forces and therefore gun regulation became a civil task. In July 2000, the Act on the Control of Firearms, Ammunition, Explosives and Other Related Material was enacted, outlining the rights and limitations of citizens regarding weapons. Since then, several reforms to the Act have been passed in an effort to limit the use of firearms in violent crimes, including homicides.
Hondurans and the laws of Honduras have had an individual freedom centered view on firearms. [8] Guns are carried openly in the countryside as a demonstration of machismo and virility. [9] Citizens of Honduras and non-citizens who are legal residents of the country may own handguns, shotguns, or rifles under the types and calibers permitted by law. Firearms may be used for the purpose of hunting, competition, target practice, home protection, work protection, personal safety and any other hobby or recreational activity permitted by law. Because of the rise in crime, gun ownership in the home, business establishment and while working (such as delivery drivers, taxi drivers, and truckers) has become common. [9] Anyone visiting a city in Honduras will immediately notice armed guards in virtually every establishment including restaurants, grocery stores, and everyday businesses. [10] "No Weapons Allowed" signs can be seen in certain places reminding patrons to leave their firearms at home when conducting business with them. Besides the common frisk when entering a building, some establishments have gone as far as installing metal detectors to make sure visitors are unarmed when entering. Rise in crime has brought some politicians to think the best way to protect citizens is from entirely banning firearms from civilians. [11] In 2009, there were 220,000 registered guns in private ownership in addition to an estimated 500,000 illegal guns. [9] There is an active black market for firearms. Though officially banned, AK-47 rifles can be purchased for about $500. [9]
Crime has been endemic in Honduras for several years. [12] [13] The high level of violence and killings experienced in the last 20 years led public officials to formulate laws restricting and regulating firearms in the country. In 2008, Honduras held the second highest rate of homicides per 100,000 inhabitants with 78.6 percent of these committed by firearm. [14] As of 2012, Honduras holds the highest homicide rate in the world and San Pedro Sula holds the country's highest homicide rate with 137.5 murders per 100,000 inhabitants. Between 2005 and mid 2010, 79.38 percent of homicides were committed by firearm in the country. The UNDP estimates at least 800,000 guns in the country of which at least 650,000 are unregulated. [15] Authorities believe some 500,000 guns considered weapons of war are in the hands of civilians and criminals. [16] Most of the illegal guns in the country were acquired during the hostile years of the 1980s. The cost of a bullet in Honduras varies from one to eight lempiras (US$0.06 to 0.42). [17]
While the Constitution of Honduras make no explicit mention of citizens' right to weapons, it does include the following:
These articles has been interpreted by the State as having the power to act through legislation to regulate the manufacture, import, distribution and sale of firearms, while recognizing ownership and possession of firearms for the citizens' legitimate defense. [18]
Only citizens of Honduras and foreign citizens who are legal residents of Honduras may purchase, own, possess, or transport any handgun, shotgun, or rifle as permitted and defined under the Act on the Control of Firearms, Ammunition, Explosives and Other Related Materials. [7] [19] A license for every firearm must be obtained and renewed every four years. [20]
Current private ownership and possession of firearms is regulated under the Ley de Control de Armas de Fuego, Municiones, Explosivos y Otros Similares (Act on the Control of Firearms, Ammunition, Explosives and Other Related Material). [21]
In regard to the right to keep and bear arms, Title I, Chapter I, Article 4 of the Act on the Control of Firearms, Ammunition, Explosives and Other Related Material states:
In regard to what type of firearms are permitted, Title II, Chapter I, Article 7 states:
In regard to how many firearms a citizen may own, Title III, Chapter II, Article 27 (as reformed though Decreto 69-2007) states:
In regard to where and when firearms may be carried, Article 27A was amended to the firearms control law and states:
In regard to the transport of firearms, Article 27A, third paragraph, explains that firearms can be transported on the streets, in public spaces or areas, public transportation and private vehicles when:
In regard to openly carrying firearms in public, Article 27A, fourth paragraph, states:
In regard to bringing firearms to Honduras, Article 30 makes the possession of a firearm while in transit through Honduras illegal and requires visitors and tourists who will engage in hunting and shooting sport activities to register and request temporary import permits with the Ministry of Security prior to traveling to Honduras.
Under Article 8 of Title II, Chapter I of the Act on the Control of Firearms, Ammunition, Explosives and Other Related Materials, automatic weapons of any kind are forbidden in Honduras, as well as silencers and high-precision guns, such as sniper rifles.
In response to the high level of crime and violence experienced in Honduras, in 2003, the government passed a law banning several types of military-issue "assault" rifles from private possession. Legislative Power Decree 101-2003 gave a 90-day grace period to surrender all weapons prohibited under Article 8, along with weapons described in the new law, without fear of criminal or civil prosecution and provided an incentive of 1,000 lempiras (US$52.92) per weapon surrendered.
This law pertains to weapons that found their way onto the black market from military channels; by definition, "assault" rifles are illegal in Honduras if they are capable of fully automatic fire or they fall under the make and model or caliber restricted under Article 2 of Decree 101-2003 which states:
Possession of any weapon and ammunition as described above carries a sentence of eight to 10 years in prison and a fine of 5,000 to 10,000 lempiras (US$264.62-$529.24).
Increasing crime and violence and deaths by firearm has led the government to further restrict the ownership and possession of firearms by private citizens.
Under Decree Number 69-2007, signed into law on June 29, 2007, private citizens were restricted to register only up to five firearms and are no longer permitted to carry their firearms in public unless they are being transported and in the proper manner. [23]
Additionally, firearms cannot be carried on a motorcycle unless the bearer is a law enforcement officer.
In April 2002 the National Arms Register was created under the Act on the Control of Firearms, Ammunition, Explosives and Other Related Materials and it requires all citizens and legal residents to register their firearms with the Criminal Investigation Department of the Ministry of Security. [24]
La Armeria (the Armory) is the only outlet authorized to import and sell firearms in Honduras. It is run by the armed forces and it has 26 branches throughout all major cities in Honduras, serving civilians and law enforcement members with their firearms and ammunition needs. [27]
The following firearms are legal for civilian ownership: [7]
In order to own and carry a firearm in Honduras, the following must be happen:
+People are advised against purchasing used firearms without the knowledge of who is the present owner, as the new bearer may become liable upon the discovery of any crimes the weapon may have been involved in when it goes through a ballistic test prior to being lawfully registered to the person requesting a license.
No one may bring firearms into Honduras, except for diplomats or individuals participating in shooting or hunting sport events who have obtained a temporary firearm importation permit from the Honduran Ministry of Security prior to their travel to Honduras. Firearms for personal safety or for purposes other than the aforementioned must be purchased locally through La Armería, the government-run firearm and ammunition supplier. [29]
Diplomats or individuals participating in shooting or hunting sport events must request a permit for the importation of firearms before attempting to travel to Honduras. [19] [30] Firearms that arrive without the requisite Honduran permit will be confiscated and the bearer will be prosecuted. [29]
Gun laws and policies, collectively referred to as firearms regulation or gun control, regulate the manufacture, sale, transfer, possession, modification, and use of small arms by civilians. Laws of some countries may afford civilians a right to keep and bear arms, and have more liberal gun laws than neighboring jurisdictions. Countries that regulate access to firearms will typically restrict access to certain categories of firearms and then restrict the categories of persons who may be granted a license for access to such firearms. There may be separate licenses for hunting, sport shooting, self-defense, collecting, and concealed carry, with different sets of requirements, permissions, and responsibilities.
Gun control, or firearms regulation, is the set of laws or policies that regulate the manufacture, sale, transfer, possession, modification, or use of firearms by civilians.
The right to keep and bear arms is a right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, including security against tyranny, as well as hunting and sporting activities. Countries that guarantee the right to keep and bear arms include the Czech Republic, Guatemala, Switzerland, Ukraine, the United States, and Yemen.
Firearms in Canada are federally regulated through the Firearms Act and related provisions of the Criminal Code. Regulation is largely about licensing and registration of firearms, including air guns with a muzzle velocity of more than 500 ft/s or 150 m/s and muzzle energy greater than 4.2 ft⋅lb or 5.7 J.
In the United Kingdom, access by the general public to firearms is subject to some of the strictest control measures in the world. However, fulfilment of the criteria and requirements as laid out by the laws results in the vast majority of firearm licence applications being approved. Laws differ slightly in Northern Ireland due to Northern Ireland having its own firearms legislation. Concerns have been raised over the availability of illegal firearms.
Firearms regulation in Finland incorporates the political and regulatory aspects of firearms usage in the country. Both hunting and shooting sports are common hobbies. There are approximately 300,000 people with hunting permits, and 34,000 people belong to sport shooting clubs. Over 1,500 people are licensed weapons collectors. Additionally, many reservists practice their skills using their own semi-automatic rifles and pistols after the military service.
Firearms regulation in Switzerland allows the acquisition of semi-automatic, and – with a may-issue permit – fully automatic firearms, by Swiss citizens and foreigners with or without permanent residence. The laws pertaining to the acquisition of firearms in Switzerland are amongst the most liberal in the world. Swiss gun laws are primarily about the acquisition of arms, and not ownership. As such a license is not required to own a gun by itself, but a shall-issue permit is required to purchase most types of firearms. Bolt-action rifles do not require an acquisition permit, and can be acquired with just a background check. A reason is not required to be issued an acquisition permit for semi-automatics unless the reason is other than sport-shooting, hunting, or collecting. Permits for concealed carrying in public are issued sparingly. The acquisition of fully automatic weapons, suppressors and target lasers requires special permits issued by the cantonal firearms office. Police use of hollow point ammunition is limited to special situations.
Gun politics and laws in Mexico covers the role firearms play as part of society within the limits of the United Mexican States. Current legislation sets the legality by which members of the armed forces, law enforcement and private citizens may acquire, own, possess and carry firearms; covering rights and limitations to individuals—including hunting and shooting sport participants, property and personal protection personnel such as bodyguards, security officers, private security, and extending to VIPs.
As of 2005 in Brazil, all firearms are required to be registered with the minimum age for gun ownership being 25. It is generally illegal to carry a gun outside a residence, and a special permit granting the right to do so is granted to certain groups, such as law enforcement officers. For citizens to legally own a gun, they must have a gun license, which costs R$88,00 and pay a fee every ten years to renew the gun register. The registration can be done online or in person with the Federal Police. Until 2008, unregistered guns could be initially registered at no cost for the gun owner, the subsequent referring fee each decade would then apply.
Concealed carry, or carrying a concealed weapon (CCW), is the practice of carrying a weapon, either in proximity to or on one's person or in public places in a manner that hides or conceals the weapon's presence from the surrounding observers. The opposite of concealed carry is called open carry.
In the United States, access to guns is controlled by law under a number of federal statutes. These laws regulate the manufacture, trade, possession, transfer, record keeping, transport, and destruction of firearms, ammunition, and firearms accessories. They are enforced by state agencies and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). In addition to federal gun laws, all state governments and some local governments have their own laws that regulate firearms.
In Germany, access to guns is controlled by the German Weapons Act which adheres to the European Firearms Directive, first enacted in 1972, and superseded by the law of 2003. This federal statute regulates the handling of firearms and ammunition as well as acquisition, storage, commerce and maintenance of firearms.
This is a list of laws concerning air guns by country.
Criminal possession of a weapon is the unlawful possession of a weapon by an individual.
Gun control in Italy incorporates the political and regulatory aspects of firearms usage in the country within the framework of the European Union's Firearm Directive. Different types of gun licenses can be obtained from the national police authorities. According to a 2007 study by The Small Arms Survey Project, the per capita gun ownership rate in Italy is around 12% with an estimated 7 million registered firearms in circulation.
Gun laws in Massachusetts regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of Massachusetts in the United States. These laws are among the most restrictive in the entire country.
Gun law in the Philippines is regulated by the Firearms and Explosives Division of the Philippine National Police. In order to possess a firearm in the Philippines, a person must be at a minimum age of 21 years and pass a background check to be issued a Possession License. They must also take a firearms training and safety course. Any history of mental illnesses or domestic violence within the individual or the family will cause an applicant to have their request rejected. The Philippines is one of the least gun restrictive countries in Asia, this is in part as a cultural legacy from the days when the Philippines was an American Commonwealth.
Polish law allows modern firearms ownership under Police-issued permit for people who can provide an important reason. Hunting, sport shooting and collection are the most popular reasons and require membership in suitable organizations. Self-defense reason, while allowed, requires a proof of threat to life, health or property and is rarely allowed. Antique firearms or their replicas and some air guns are available without a permit. With approximately 2.5 civilian firearms per 100 people, Poland is the 166th most armed country in the world. Less than 0.6% of citizens have valid firearm permits.
Lithuanian law allows firearm possession on a shall-issue basis. With approximately 13.6 civilian firearms per 100 people, Lithuania is 58th most armed country in the world.
Uruguayan law allows firearm possession on shall-issue basis. With approximately 35 civilian firearms per 100 people, Uruguay is the eighth most armed country in the world and most armed in Latin America.
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