The Second Amendment Doesn't Apply Outside U.S. Borders

U.S. citizens have a constitutional right to keep and bear arms.  The scope of that right is a source of constant debate, but the Supreme Court recently affirmed the right of individuals to own firearms.  Cities, states, and the federal government are free to regulate firearms sales, transport, and ownership, but America's highest court has made it clear that the government can't ban firearms ownership altogether.

When you leave the United States, however, the laws are very different—and generally, much more restrictive. 

Mexico, for instance, also guarantees the right of its citizens to possess firearms. But in practice, it's difficult to legally own a firearm larger than .22 caliber.  All guns must be registered. And if you're visiting Mexico, forget about bringing in a gun without first obtaining permission from the government.  If police or border agents discover unregistered firearms—or even ammunition—in your vehicle or on your person, you may face up to a 30-year prison term.  Even possession of a pocketknife is punishable by a five-year prison sentence!

Canadian law is more reasonable.  You can import most semi-automatic rifles and shotguns with a barrel length of 18.5 inches or longer simply by making a declaration at the border.  Most handguns are restricted and require transport authorization.  You must transport restricted firearms in a locked case and equip them with locked safety devices to prevent firing.

Gun laws in the Caribbean are very strict.  In the Dutch territories, for instance, to import a firearm you must file a petition with the Minister of Justice requesting an importation permit.  If the permit is granted, you must deliver the firearm into police custody.  You then file another petition with the Minister of Justice requesting permission to possess the firearm, even if you simply with to keep it at home for self-protection.  The Minister forwards the petition to the police, who often require a psychological test as well as a firearms proficiency test.  At least 80% of the time, the petition is denied.  This entire process is repeated annually, as weapon permits are only valid one year at a time.  Possessing a firearm without a permit issued by the Minister of Justice is a criminal offense, which carries a term of four years imprisonment.  However, the permit allows you to carry the firearm as well as keep it at home--it doesn't differentiate between the two. 

Panama, in contrast, makes it relatively easy for residents to own and import firearms.  After qualifying for Panamanian residence, you visit a gun store, consent to a police background check, and submit a blood and urine sample.  Several months later you will receive a permit, which allows you to purchase a registered firearm at a gun store.  Residents may also import firearms, but only after police have taken a ballistic sample.  One you own a registered firearm, you can carry it with you, either openly or concealed.

European laws are generally quite strict when it comes to gun ownership.  Luxembourg bans ordinary citizens from owning any firearm.  France, Belgium, Germany and the United Kingdom permit private ownership of firearms, but only with severe restrictions.  U.K. law, for instance, requires you to apply for permission to own a firearm and list a reason why you need it.  Self-defense is not considered a valid reason.  However, some European countries have more liberal firearms laws.  In Austria and Switzerland, every law-abiding citizen has a legal right to buy handguns, although you must first obtain a license.  Numerous Swiss cantons permit anyone possessing a firearms license to carry a concealed handgun.

As you can see, the situation relating to firearms laws throughout the world is complex.  If you plan on taking a firearm to another country, research the law before you leave.  Don't assume the Second Amendment extends beyond U.S. borders—it doesn't!

Copyright © 2010 by Mark Nestmann

Comments

[Cesare Bonventre]

The private ownership of firearms was created as a US Constitutional right; and, to be used as the very last defense to political tyranny

However, Operation Vigilant Guard, John Warner National Defense Authorization Act and NORTHCOM training to put down US Civilian unrest is designed to counter "unrest", (for which Moody's now rates).

Today the US Military employs HumVee's with giant microwave dishes (Active Denial System (ADS) to burn demonstrators.

[John2]

Do you mean to tell me that I can't carry my chrome plated Lucky Tiger .25 call (made in Hong Kong) revolver with me when I visit England this fall?? Well...there sure is something wrong here and with the skyrocketing crime in England its just not safe if one can not defend one's self..

[Cesare Bonventre]

John2

All those millions of Government CTV cameras throughout England aren't making you feel safe?

[tony rawl]

Great article.

Thank you.

[Expat]

Actually, England has a fairly high assault rate John.

They like to hit you over the head or stab you with knives is the only difference.

A lot more hooligans in the UK without guns.

[Dave]

Just another reason to live in Switzerland and Panama ;-)