Right to firearms: EU-countries’ experience

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Right to firearms: EU-countries’ experience

Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 0, Issue 0

Abstract

. The article deals with issues related to the realization of the human right to life protection by all available means, including using weapons. It is noted that society began to discuss the issue of granting this right to citizens since Ukraine gained independence. This will allow a person to protect, both his life and the life of any other person. However, neither the Constitution of Ukraine, nor any other legislative act the right to a weapon fixes the possibility of free acquisition, storage, carrying and use of weapons. The human right to possession and bear arms has existed for a long time, and is an important right, although it is quite rarely enshrined in constitutions. Today, the US Constitution is a model of the constitutional recognition of the human right to a weapon. The second amendment to the US Constitution reads: «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». The Constitution of Mexico enshrines the right to the storage and carrying of weapons. Although the Mexicans are endowed with the ability to buy firearms, bureaucratic obstacles, a lengthy permitting process, and numerous restrictions make this process extremely difficult compared to the United States. Guatemala also recognizes the ownership of the weapons of citizens. However in this state the right of citizens to weapons is associated with quite severe restrictions. The rules governing the right of the population to armed protection vary significantly from country to country, but it is common that the constitutions of the countries of the European Union do not enshrine the right of citizens to weapons. But in most countries there is a fairly liberal legislation that allows you to implement this right. The realization of the right to arms in such countries of the European Union as Austria, Germany, France, the Czech Republic, and Norway is being studied. Conclusions are drawn that the right to arms is a natural human right. The consolidation of this right is carried out both at the level of the state constitution (although to a lesser extent) and at the level of laws. In the countries of the European Union, the exercise of this right is regulated at the level of legislation and has a permissive nature. You must fulfill a number of conditions to obtain the right to purchase weapons.

Authors and Affiliations

T. I Hudz, V. V. Maltsev

Keywords

EP ID EP575957
DOI 10.31733/2078-3566-2018-5-185-190
Views 121
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