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Firearms regulation in Mexico is governed by legislation which 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 (diplomats, public officials, celebrities). [1]
Mexico has extremely restrictive laws regarding gun possession. There are only two stores in the entire country, DCAM near the capital, and OTCA, in Apodaca, Nuevo León. It also takes months of paperwork to have a chance at purchasing one legally. That said, there is a common misconception that firearms are illegal in Mexico and that no person may possess them. [2] This belief originates from the general perception that only members of law enforcement, the armed forces, or those in armed security protection are authorized to have them. While it is true that Mexico possesses strict gun laws, [3] where most types and calibers are reserved to military and law enforcement, the acquisition and ownership of certain firearms and ammunition remains a constitutional right to all Mexican citizens and foreign legal residents; [4] given the requirements and conditions to exercise such right are fulfilled in accordance to the law. [5]
The right to keep and bear arms was first recognized as a constitutional right under Article 10 of the Mexican Constitution of 1857. [6] However, as part of the Mexican Constitution of 1917, Article 10 was changed [7] where-by the right to keep and bear arms was given two separate definitions: the right to keep (derecho a poseer in Spanish) and the right to bear (derecho a portar in Spanish). [8] The new version of Article 10 specified that citizens were entitled to keep arms (own them) but may only bear them (carry them) among the population in accordance to police regulation. [9] This modification to Article 10 also introduced the so-called ...[arms] for exclusive use of the [military]... (in Spanish: ...de uso exclusivo del Ejército...), dictating that the law would stipulate which weapons were reserved for the armed forces, including law enforcement agencies, for being considered weapons of war.
In 1971, Article 10 of the present Constitution was changed [10] to limit the right to keep arms within the home only (in Spanish: ...derecho a poseer armas en su domicilio...) and reserved the right to bear arms outside the home only to those explicitly authorized by law (i.e. police, military, armed security officers). The following year, the Federal Law of Firearms and Explosives came into force [11] and gave the federal government complete jurisdiction and control to the legal proliferation of firearms in the country; at the same time, heavily limiting and restricting the legal access to firearms by civilians.
As a result of the changes to Article 10 of the Mexican Constitution and the enactment of the Federal Law of Firearms and Explosives, openly carrying a firearm or carrying a concealed weapon in public is virtually forbidden to private citizens, unless explicitly authorized by the Secretariat of National Defense (SEDENA). For purposes of personal protection, firearms are only permitted within the place of residence and of the type and caliber permitted by law.
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Contemporary Mexican society experiences gun homicide at a higher rate than many other nations, [12] despite strict gun laws. Firearms have played a significant role in the History of Mexico, and the country was founded with a strong presence and adhesion to arms, though Mexico has a long history of passing gun restriction laws. Mexican Golden Age films often depicted the protagonists and antagonists as gun-slinging cowboys and charros, an example of a cultural attachment to guns which greatly differs on different sides of the border. For on the US side the citizens have a right and legally carry guns, but on the Mexican side the guns are carried in defiance of Mexican law.
It was through the means of armed combat that Mexico achieved its independence from Spain. From then on, the course of history was marked by several armed conflicts, including the American (1846–48) and French (1861–67) conflicts, as well as indigenous struggles due to the several forms of government that ruled over Mexican territory, culminating with the Mexican Revolution (1910–20) and the Cristero War (1926–29).
In 1972, the government modified Article 10 of the Constitution and enacted the Federal Law of Firearms and Explosives, limiting gun ownership to small-caliber handguns, heavily restricting the right to carry outside the homeplace and ending a cultural attachment to firearms by shutting down gun stores, outlawing the private sale of firearms, and closing down public shooting facilities.
In addition, the government has conducted gun-exchange programs from time to time, where citizens are encouraged to exchange any firearm (registered, unregistered, legal or illegal) for either a cash incentive or groceries, without fear of civil or criminal prosecution.
Prior to the Independence of Mexico, the first official record of a restriction on the possession of firearms occurred in 1811 as the Mexican War of Independence was taking place. This restriction came about as an attempt to stop the Miguel Hidalgo-led insurgency against the Royalists of Spain. In 1812 and 1814 the Constitution of the Spanish Monarchy in Article 56 and Constitutional Decree for the Liberty of Mexican America in Article 81 prohibited appearing at Vestry meetings with weapons, but did not limit their possession or carrying on other sites such as the home. [13] [14]
Following Mexico's independence as the First Mexican Empire in 1822, the Political Provisional Regulation of the Mexican Empire in Article 54 made a reference to the carrying of prohibited arms (in Spanish: ...el porte de armas prohibidas...) [15] and by 1824, following the establishment of the United Mexican States, it was declared that no person shall carry any type of weapon. The inclination to adopt a complete ban on firearms came as a precaution and attempt to prevent another armed insurrection that would put the new republic in jeopardy. After this measure, four years followed without war under President Guadalupe Victoria.
However, the results of the presidential elections of September 1828 were disputed by runner-up candidate Vicente Guerrero and he called for a revolution, provoking Congress to annul the election and elect Guerrero as president. After he took office in April 1829, civil unrest continued and he was ousted by mid-December only for two other men to serve as president before the end of the year. After Anastasio Bustamante took office in January 1830, considering the instability of the previous year, a mandate was issued that required all in unlawful possession of firearms to surrender them to the government and made it illegal to pawn or purchase them. Between 1831 and 1835, additional mandates were issued voiding all gun licenses previously issued and restricted the issuance of new firearm permits only to those deemed "peaceful, known and honest" and made acquiring a license to carry a more rigorous process.
Continuing several decades of instability, Mexico became once again a federal republic and given the important role firearms had played to establish the second republic, the Constitution of 1857 under Article 10, recognized for the first time the right for people to keep and bear arms as a constitutional guarantee. Also in 1857, another mandate was issued requiring a firearms license in order to carry lawfully. In February 1861, the Secretary of War (now the Secretariat of National Defense) issued a notice reassuring all citizens the guarantee to keep and carry firearms, and expressing that considering that under no circumstances could peaceful and lawful citizens be disarmed, only weapons exclusive of the military would be banned. In December of the same year, a mandate required all persons to surrender such banned weapons.
In 1893, new regulation on the bearing of arms was issued, recognizing the right to keep and the right to carry while regulating the issuance of licenses to carry, which conditioned that weapons only be carried in a manner that they are visible.
At the height of the Mexican Revolution, the Constitution of 1917 was enacted and Article 10, carried over from the previous constitution, was modified to define three separate things: one) it recognized the right of the people to keep and bear arms, two) it excepted from civilian possession weapons prohibited by law or reserved for the military, and three) it required that weapons carried in public be done in accordance to the law.
The 1960s were marked by a series of anti-government movements that escalated to the Tlatelolco massacre, prompting then-President Echeverría and Mexican Congress to modified Article 10 of the Constitution to its present form today, which permits private ownership of firearms within the home only. In January 1972, with the enactment of the Federal Law of Firearms and Explosives, the legal proliferation of firearms among the population was heavily limited and restricted.
Since its conception, the Federal Law of Firearms and Explosives has had several of its articles reformed in an effort to further restrict firearm ownership and their proliferation by imposing stricter rules for their acquisition and tougher penalties for violations. [16]
Three major events mark the right to keep and bear arms as a constitutional guarantee:
To keep and bear arms was first recognized as a constitutional right through Article 10 of the Mexican Constitution of 1857:
Article 10 of the 1857 Constitution gave citizens the right to keep and bear arms, both in their homes and in public for their security and defense. Legislation was to indicate which types of weapons would be forbidden and the penalties imposed to violators.
Sixty years later, with the introduction of the Constitution of 1917, Article 10 gives two separate definitions to the right to keep and bear arms:
Article 10 of the 1917 Constitution still allowed citizens to keep and bear arms in the home or outside, while restricting those weapons reserved to the military but required that those who carry weapons in public, adhere to applicable police regulations.
Fifty-four years later, Article 10 was reformed to its actual text in force today:
Reformed Article 10 limited citizens' constitutional right to keeping arms in their homes only. Additionally, carrying firearms outside the home (in public) was no longer a right but a privilege federal law would regulate and authorize on a case-by-case basis. With this reform came the Federal Law of Firearms and Explosives, which limited civilians' legal access to a few small-caliber guns while reserving most types and calibers to the government (i.e., police and military).
The authority in charge of the control of firearms in Mexico is the Executive Branch (Ejecutivo Federal) through the Secretariat of Interior (SEGOB) and the Secretariat of National Defense (SEDENA), the latter responsible for issuing licenses and running the General Directorate for the Federal Firearms Registry and Explosives Control (DGRFAFyCE).
The Federal Law of Firearms and Explosives (Ley Federal de Armas de Fuego y Explosivos) is an act of Congress and the legal framework overseeing the lawful proliferation of firearms in the country, including their import, manufacture, sale, purchase, ownership, and possession. [20]
The Regulation of the Federal Law of Firearms and Explosives (Reglamento de la Ley Federal de Armas de Fuego y Explosivos) is an additional legal framework governing firearms.
In regard to the right to keep arms, Title II, Chapter II, Article 15 of the Federal Law of Firearms and Explosives states:
Under this clause, citizens are entitled to keep firearms of the type and calibers permitted by law for their security and defense within their home only. Every weapon must be registered with the federal government. While federal law does not set a limit, in legal practice, citizens are only allowed to keep a total of 10 registered firearms (nine long guns, one handgun) per household.
Additionally, a place of business or employment is not covered under this provision unless the place of business is the same as the place of residence (home business) and therefore it is illegal to keep or carry a firearm in a place of business, even if the business is owned by the lawful registered owner of the weapon unless the appropriate license to carry outside the home is issued by SEDENA. [22]
In regard to the right to bear arms (carry them beyond the home), Title II, Chapter III, Article 24 of the Federal Law of Firearms and Explosives states:
Under this clause, only citizens who have been granted a license to carry can lawfully carry a firearm outside their homes. Beyond military and law enforcement members, these permits are only issued to persons who qualify such as those employed in private security firms, those who live in rural areas, or those who may be targets of crime (politicians, public officials, and wealthy citizens). [24]
In regard to what type of firearms are permitted, Title II, Chapter I, Article 9 of the Federal Law of Firearms and Explosives states:
Additionally, Article 10 of the Federal Law of Firearms and Explosives states:
Under these two articles, private citizens are generally restricted to semi-automatic handguns or revolvers of a caliber no greater than .380 (for home defense), [27] rifles no greater than .22, and shotguns no greater than 12 gauge (hunting and shooting when a member of a club). Anything bigger than those calibers is considered for exclusive use of the military and strictly forbidden for civilian possession, as defined by Article 11 of the Federal Law of Firearms and Explosives. [28] Only citizens with collector permits may be authorized to possess firearms outside those permitted for civilian ownership. [29]
In regard to how many firearms a citizen may own, neither the Constitution nor the Federal Law of Firearms and Explosives say anything; however, Chapter II, Article 21 of the Regulation of the Federal Law of Firearms and Explosives states:
This clause is somewhat controversial among gun enthusiasts in Mexico because current federal law does not set a limit on how many firearms may be owned. However, the Secretariat of National Defense (SEDENA) has set its own rules (in Spanish: Disposiciones giradas por la propia Secretaría), and while neither federal firearms law nor its regulation set a limit on the amount of firearms a person may own, SEDENA has determined that only nine long guns and one handgun for hunting or shooting activities will be authorized. [30] Consequently, those who do not belong to a hunting or shooting club, will only be authorized one handgun for home defense. If the citizen is an official member of the Mexican hunting and shooting federation they will be allowed to have more than one handgun but always with the 10 gun limit. [30]
In regard to the transport of firearms, Title III, Chapter IV, Article 60 of the Federal Law of Firearms and Explosives states:
Under this clause, anyone intending to transport a firearm outside their home must first obtain the appropriate permit from SEDENA. Those who belong to hunting and/or shooting clubs and keep registered firearms for those purposes must maintain a valid permit (renewable every year) to remove the weapons from their home to the location of relevant activities. Even those who move to a new home address must not only notify SEDENA of the change of address but must also obtain a permit to transport the weapon from the current residence to the new one. Without the appropriate transportation permit, it is illegal to transport a firearm outside the home on your person or vehicle, even if lawfully registered, unloaded and in a locked container. [32]
In regard to bringing firearms to Mexico, Title III, Chapter III, Article 55 of the Federal Law of Firearms and Explosives states:
Additionally, Title III, Chapter III, Article 59 of the Federal Law of Firearms and Explosives states:
Under these articles, those who intend to engage in hunting and shooting sport activities in Mexico, must first obtain the required temporary import permit from the Secretariat of National Defense prior to traveling to Mexico.
Similarly, it is possible for Mexican citizens who reside in Mexico and foreign legal residents of Mexico (FM2 holders) to import a firearm into Mexico for their security and legitimate defense, under the types and calibers permitted for home defense and after receiving the appropriate import permit from the Secretariat of National Defense. Whoever intends to import a firearm to Mexico must be able to legally acquire the firearm outside of the country. For example, a US citizen who lawfully resides in Mexico as a FM2 holder or who holds dual nationality could purchase a firearm in the United States and request permission to import the weapon to Mexico. People eligible to legally purchase a firearm in the United States and eligible to reside in Mexico are allowed to import the weapon.
The U.S. Department of State warns US citizens [and all persons regardless of citizenship] against taking any firearm or ammunition into Mexico without prior written authorization from the Mexican authorities. Entering Mexico with a firearm, or even a single round of ammunition, carries a penalty of up to five years in prison, even if the firearm or ammunition is taken into the country unintentionally. [35] Even if the weapon is lawfully registered in one's name in the U.S. (or any other country of residence) and even when the weapon falls under the types and calibers permitted for civilian ownership in Mexico, unless the bearer has explicit authorization from the Secretariat of National Defense, it is illegal and punishable by law to enter Mexican territory with any firearm as well as to keep and carry any firearm on one's person or vehicle. These permits cannot be obtained at Mexican customs and immigration when entering Mexico, but must be obtained in advance and in possession of the bearer before any gun enters Mexico. [36]
Private ownership of firearms is restricted to the home only. [37] Only Mexican citizens and foreign legal residents of Mexico (FM2 holders) may purchase and keep firearms in their place of residence. The Directorate of Commercialization of Arms and Munitions (Dirección de Comercialización de Armamento y Municiones - DCAM) is the only outlet authorized to sell firearms and ammunition in the country and it is located in Mexico City near SEDENA's headquarters. [38] [39] The transfer of ownership and the sale and purchase of firearms between individuals is also permitted, but the transaction must receive authorization from the Secretariat of National Defense by both parties (buyer and seller) appearing in person along with the weapon, to conduct the transaction in accordance to requirements set by law. [40]
There are generally five ways private citizens may lawfully purchase, register, own and keep firearms in the home:
For home defense, the government will authorize the sale and registration of one handgun of the types and calibers permitted by law. [27]
For hunting, target practice or competition, the government will authorize the sale and registration of up to nine long guns (rifles or shotguns) and one handgun of the types and calibers permitted by law (must belong to a hunting and/or shooting club for these permits to be issued). [30] Licensed sport hunting is allowed in a season and regulated by SEMARNAP (Secretariat of the Environment, Natural Resources, and Fisheries). [41]
For collection, the government may authorize the sale and registration of an unlimited amount of firearms of any type and caliber in accordance to law and regulation. [30]
Private citizens wishing to acquire a firearm and ammunition are required by law to do the following: [42]
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Mexico has a history of various activities and insurrection by militia and paramilitary groups dating back several hundred years that include the exploits of historical figures such as Captain Manuel Pineda Munoz and Francisco "Pancho" Villa. This also includes groups such as the Free-Colored Militia (the interracial militias of New Spain, Colonial Mexico), [43] the Camisas Doradas, and the contemporary Self Defense Council of Michoacan. [44]
However some of the previous examples are historical, the current official view on the existence of such militias in Mexico, when are not backed by the government, [45] has been always label them as illegal and to combat them in a military and a political way. [46]
Modern examples on the Mexican view on militias are the Chiapas conflict against the EZLN [47] and against the EPR in Guerrero, [48] where the government forces combated the upraised militias. And in a more recent case when civilian self-defence militias appeared during the Mexican war on drugs, [49] the government regulated them and transformed the militias in to Rural federal forces, [50] and those who resisted were combated and imprisoned. [51]
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.
The Second Amendment to the United States Constitution protects the right to keep and bear arms. It was ratified on December 15, 1791, along with nine other articles of the Bill of Rights. In District of Columbia v. Heller (2008), the Supreme Court affirmed for the first time that the right belongs to individuals, for self-defense in the home, while also including, as dicta, that the right is not unlimited and does not preclude the existence of certain long-standing prohibitions such as those forbidding "the possession of firearms by felons and the mentally ill" or restrictions on "the carrying of dangerous and unusual weapons". In McDonald v. City of Chicago (2010) the Supreme Court ruled that state and local governments are limited to the same extent as the federal government from infringing upon this right. New York State Rifle & Pistol Association, Inc. v. Bruen (2022) assured the right to carry weapons in public spaces with reasonable exceptions.
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, Ukraine, Mexico the United States, and Yemen.
Gun politics within American politics is defined by two primary opposing ideologies about civilian gun ownership. Those who advocate for gun control support increased regulation of gun ownership; those who advocate for gun rights oppose increased restriction of gun ownership. These groups often disagree on the interpretation of laws and court cases related to firearms and of the effectiveness of firearms regulation on crime and public safety. It was estimated, in 2018, that U.S. civilians own 393 million firearms, and that 40% to 42% of the households in the country have at least one gun. However, record gun sales followed in the following years. The U.S. has by far the highest estimated number of guns per capita in the world, at 120.5 guns for every 100 people.
Concealed carry, or carrying a concealed weapon (CCW), is the practice of carrying a weapon in public in a concealed manner, either on one's person or in close proximity. CCW is often practiced as a means of self-defense. Every state in the United States allows for concealed carry of a handgun either permitless or with a permit, although the difficulty in obtaining a permit varies per jurisdiction.
Gun laws in the United States regulate the sale, possession, and use of firearms and ammunition. State laws vary considerably, and are independent of existing federal firearms laws, although they are sometimes broader or more limited in scope than the federal laws.
The Mexican Secretariat of National Defense(SEDENA); Spanish: Secretaría de la Defensa Nacional is the government department responsible for managing Mexico's Army and Air Forces. Its head is the Secretary of National Defense who, like the co-equal Secretary of the Navy, is directly answerable to the President. Before 1937, the position was called the Secretary of War and Navy. The agency has its headquarters in Lomas de Sotelo, Miguel Hidalgo, Mexico City. Some key figures who answer directly to the Secretary are the Assistant Secretary, the Chief of Staff of the Armed Forces, and all military tribunals.
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.
Gun laws in Oklahoma regulate the sale, possession, and use of firearms and ammunition in the state of Oklahoma in the United States.
Gun laws in Colorado regulate the sale, possession, and use of firearms and ammunition in the state of Colorado in the United States.
In Honduras, the commerce, ownership, possession and use of firearms is regulated. 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.
Gun laws in Maine regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Maine.
Gun laws in Maryland regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Maryland.
Gun laws in New Mexico regulate the sale, possession, and use of firearms and ammunition in the state of New Mexico in the United States.
Gun laws in North Dakota regulate the sale, possession, and use of firearms and ammunition in the state of North Dakota in the United States.
Gun laws in West Virginia regulate the sale, possession, and use of firearms and ammunition in the U.S. state of West Virginia.
The right to keep and bear arms in the United States is a fundamental right protected by the Second Amendment to the United States Constitution, part of the Bill of Rights, and by the constitutions of most U.S. states. The Second Amendment declares:
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.
Grupos de autodefensas or Policía Comunitaria or Policía Popular are vigilante self-defense groups that arose in the Gulf of Mexico and South Mexico regions between 2012 and 2013. The Mexican government has attempted to monitor and absorb these groups into the federal government to act as Rural Police in order to avoid clashes between the paramilitaries and the Mexican Armed Forces itself.
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