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      4/10/01

      Gun Laws, Culture, Justice & Crime in Foreign Countries
      Do other countries all have more restrictive gun laws and lower =
violent crime rates than the U.S.? How do U.S. and other countries' =
crime trends compare? What societal factors affect crime rates?

        a.. A recent report for Congress notes, "All countries have some =
form of firearms regulation, ranging from the very strictly regulated =
countries like Germany, Great Britain, Japan, Malaysia, Singapore and =
Sweden to the less stringently controlled uses in the jurisdictions of =
Mexico and Switzerland, where the right to bear arms continues as a part =
of the national heritage up to the present time." However, "From =
available statistics, among (the 27) countries surveyed, it is difficult =
to find a correlation between the existence of strict firearms =
regulations and a lower incidence of gun-related crimes. . . . (I)n =
Canada a dramatic increase in the percentage of handguns used in all =
homicides was reported during a period in which handguns were most =
strictly regulated. And in strictly regulated Germany, gun-related crime =
is much higher than in countries such as Switzerland and Israel, that =
have simpler and/or less restrictive legislation." (Library of Congress, =
"Firearms Regulations in Various Foreign Countries, May 1998.")

        b.. Many foreign countries have less restrictive firearms laws, =
and lower crime rates, than parts of the U.S. that have more =
restrictions. And many have low crime rates, despite having very =
different firearms laws. Switzerland and Japan "stand out as intriguing =
models. . . . (T)hey have crime rates that are among the lowest in the =
industrialized world, and yet they have diametrically opposite gun =
policies." (Nicholas D. Kristof, "One Nation Bars, The Other Requires," =
New York Times, 3/10/96.) Swiss citizens are issued fully-automatic =
rifles to keep at home for national defense purposes, yet "abuse of =
military weapons is rare." The Swiss own two million firearms, including =
handguns and semi-automatic rifles, they shoot about 60 million rounds =
of ammunition per year, and "the rate of violent gun abuse is low." =
(Stephen P. Halbrook, Target Switzerland; Library of Congress, pp. =
183-184.) In Japan, rifles and handguns are prohibited; shotguns are =
very strictly regulated. Japan's Olympic shooters have had to practice =
out of the country because of their country's gun laws. Yet, crime has =
been rising for about the last 15 years and the number of shooting =
crimes more than doubled between 1997-1998. Organized crime is on the =
rise and 12 people were killed and 5,500 injured in a nerve gas attack =
in a Japanese subway system in 1995. (Kristof, "Family and Peer Pressure =
Help Keep Crime Levels down in Japan," New York Times, 5/14/95.) Mostly =
without firearms, Japan's suicide rate is at a record high, about 90 per =
day. (Stephanie Strom, "In Japan, Mired in Recession, Suicides Soar," =
New York Times, p. 1, 7/15/99.)

        c.. U.S. crime trends have been better than those in countries =
with restrictive firearms laws. Since 1991, with what HCI calls "weak =
gun laws" (Sarah Brady, "Our Country's Claim to Shame," 5/5/97), the =
number of privately owned firearms has risen by perhaps 50 million. =
Americans bought 37 million new firearms in the 1993-1999 time frame =
alone. (BATF, Crime Gun Trace Reports, 1999, National Report, 11/00.) =
Meanwhile, America's violent crime rate has decreased every year and is =
now at a 23- year low (FBI). In addition to Japan, other restrictive =
countries have experienced increases in crime:=20
      England -- Licenses have been required for rifles and handguns =
since 1920, and for shotguns since 1967. A decade ago semi-automatic and =
pump-action center-fire rifles, and all handguns except single- shot =
.22s, were prohibited. The .22s were banned in 1997. Shotguns must be =
registered and semi-automatic shotguns that can hold more than two =
shells must be licensed. Despite a near ban on private ownership of =
firearms, "English crime rates as measured in both victim surveys and =
police statistics have all risen since 1981. . . . In 1995 the English =
robbery rate was 1.4 times higher than America's. . . . the English =
assault rate was more than double America's." All told, "Whether =
measured by surveys of crime victims or by police statistics, serious =
crime rates are not generally higher in the United States than England." =
(Bureau of Justice Statistics, "Crime and Justice in the United States =
and in England and in Wales, 1981-1996," 10/98.) An English doctor is =
suspected of murdering more than 200 people, many times the number =
killed in the gun-related crimes used to justify the most recent =
restrictions.

      "A June 2000 CBS News report proclaimed Great Britain 'one of the =
most violent urban societies in the Western world.' Declared Dan Rather: =
'This summer, thousands of Americans will travel to Britain expecting a =
civilized island free from crime and ugliness. . . (But now) the U.K. =
has a crime problem . . . worse than ours.'" (David Kopel, Paul Gallant, =
and Joanne Eisen, "Britain: From Bad to Worse," America's First Freedom, =
3/01, p. 26.) Street crime increased 47% between 1999 and 2000 (John =
Steele, "Crime on streets of London doubles," London Daily Telegraph, =
Feb. 29, 2000.) See also www.2ndlawlib.org/journals/okslip.html, =
www.nationalreview.com/comment/comment071800c.html, and =
www.nraila.org/research/19990716-BillofRightsCivilRights-030.html.

      Australia -- Licensing of gun owners was imposed in 1973, each =
handgun requires a separate license, and self-defense is not considered =
a legitimate reason to have a firearm. Registration of firearms was =
imposed in 1985. In May 1996 semi-automatic center-fire rifles and many =
semi-automatic and pump-action shotguns were prohibited. As of Oct. =
2000, about 660,000 privately owned firearms had been confiscated and =
destroyed. However, according to the Australian Institute of =
Criminology, between 1996-1998 assaults rose 16 percent, armed robberies =
rose 73 percent, and unlawful entries rose eight percent. Murders =
increased slightly in 1997 and decreased slightly in 1998. (Jacob =
Sullum, "Guns down under," Reason, Australia, p. 10, 10/1/00) For more =
information on Australian crime trends, see =
www.nraila.org/research/20000329-BanningGuns-001.shtml.

      Canada -- A 1934 law required registration of handguns. A 1977 law =
(Bill C-51) required a "Firearms Acquisition Certificate" for acquiring =
a firearm, eliminated protection of property as a reason for acquiring a =
handgun, and required registration of "restricted weapons," defined to =
include semi- automatic rifles legislatively attacked in this country =
under the slang and confusing misnomer, "assault weapon." The 1995 =
Canadian Firearms Act (C-68) prohibited compact handguns and all =
handguns in .32 or .25 caliber -- half of privately owned handguns. It =
required all gun owners to be licensed by Jan. 1, 2000, and to register =
all rifles and shotguns by Jan. 1, 2003. C-68 broadened the police =
powers of "search and seizure" and allowed the police to enter homes =
without search warrants, to "inspect" gun storage and look for =
unregistered guns. Canada has no American "Fifth Amendment;" C-68 =
requires suspected gun owners to testify against themselves. Because =
armed self-defense is considered inappropriate by the government, =
"Prohibited Weapons Orders" have prohibited private possession and use =
of Mace and similar, non-firearm means of protection. (For more =
information, see www.cfc- ccaf.gc.ca and =
www.nraila.org/research/20010215-InternationalGunControl-001.shtml.

      From 1978 to 1988, Canada's burglary rate increased 25%, =
surpassing the U.S. rate. Half of burglaries in Canada are of occupied =
homes, compared to only 10% in the U.S. From 1976 to 1980, ethnically =
and economically similar areas of the U.S. and Canada had virtually =
identical homicide rates, despite significantly different firearm laws. =
See also www.nationalreview.com/kopel/kopel120700.shtml

      Germany -- Described in the Library of Congress report as "among =
the most stringent in Europe," Germany's laws are almost as restrictive =
as those which HCI wants imposed in the U.S. Licenses are required to =
buy or own a firearm, and to get a license a German must prove his or =
her "need" and pass a government test. Different licenses are required =
for hunters, recreational shooters, and collectors. As is the case in =
Washington, D.C., it is illegal to have a gun ready for defensive use in =
your own home. Before being allowed to have a firearm for protection, a =
German must again prove "need." Yet the annual number of firearm-related =
murders in Germany rose 76% between 1992-1995. (Library of Congress, p. =
69.) It should be noted, HCI goes further than the Germans, believing =
"there is no constitutional right to self-defense" (HCI Chair Sarah =
Brady, quoted in Tom Jackson, "Keeping the Battle Alive," Tampa Tribune, =
10/21/93) and "the only reason for guns in civilian hands is sporting =
purposes" (HCI's Center to Prevent Handgun Violence Director, Dennis =
Henigan, quoted in USA Today, 11/20/91).

      Italy -- There are limits on the number of firearms and the =
quantity of ammunition a person may own. To be issued a permit to carry =
a firearm, a person must prove an established need, such as a dangerous =
occupation. Firearms which use the same ammunition as firearms used by =
the military -- which in America would include countless millions of =
rifles, shotguns, and handguns -- and ammunition for them are =
prohibited. Yet, "Italy's gun law, 'the most restrictive in Europe,' had =
left her southern provinces alone with a thousand firearm murders a =
year, thirty times Switzerland's total." (Richard A. I. Munday, Most =
Armed & Most Free?, Brightlingsea, Essex: Piedmont Publishing, 1996.)

      Foreign Country Cultures, Law Enforcement Policies, and Criminal =
Justice Systems
      While America is quite different from certain countries in terms =
of firearms laws, we are just as different from those countries in other =
respects which have a much greater influence on crime rates. Attorney =
David Kopel explains, "There is little evidence that foreign gun =
statutes, with at best a mixed record in their own countries, would =
succeed in the United States. Contrary to the claims of the American =
gun-control movement, gun control does not deserve credit for the low =
crime rates in Britain, Japan, or other nations. Despite strict and =
sometimes draconian gun controls in other nations, guns remain readily =
available on the criminal black market. . . . The experiences of =
(England, Japan, Canada, and the United States) point to social control =
as far more important than gun control. Gun control (in foreign =
countries) validates other authoritarian features of the society. =
Exaltation of the police and submission to authority are values, which, =
when internally adopted by the citizenry, keep people out of trouble =
with the law. The most important effect of gun control in Japan and the =
Commonwealth is that it reinforces the message that citizens must be =
obedient to the government." (The Samurai, The Mountie, and The Cowboy: =
Should America adopt the gun controls of other democracies?, Buffalo, =
N.Y.: Prometheus Books, 1992, pp. 431.)

      Kopel notes that crime is also suppressed in some foreign =
countries by law enforcement and criminal justice policies that would =
run afoul of civil rights protections in the U.S. Constitution and which =
the American people would not accept. "Foreign gun control comes along =
with searches and seizures, and with many other restrictions on civil =
liberties too intrusive for America," Kopel observes. "Foreign gun =
control . . . postulates an authoritarian philosophy of government and =
society fundamentally at odds with the individualist and egalitarian =
American ethos. In the United States, the people give the law to =
government, not, as in almost every other country, the other way =
around." Following are details for two countries which anti-gun =
activists often compare to the U.S.:

      Britain -- Parliament increasingly has given the police power to =
stop and search vehicles as well as pedestrians. Police may arrest any =
person they "reasonably" suspect supports an illegal organization. The =
grand jury, an ancient common law institution, was abolished in 1933. =
Civil jury trials have been abolished in all cases except libel, and =
criminal jury trials are rare. . . . While America has the Miranda =
rules, Britain allows police to interrogate suspects who have asked that =
interrogation stop, and allows the police to keep defense lawyers away =
from suspects under interrogation for limited periods. Britain allows =
evidence which has been derived from a coerced confession to be used in =
court. Wiretaps do not need judicial approval and it is unlawful in a =
British court to point out the fact that a police wiretap was illegal." =
(Kopel, 1992, pp. 101-102.)

      Recently, London law enforcement authorities began installing =
cameras overlooking selected intersections in the city's business =
district, to observe passers-by on the sidewalks. The British Home =
Office has introduced "'Anti-Social Behaviour Orders' -- special court =
orders intended to deal with people who cannot be proven to have =
committed a crime, but whom the police want to restrict anyway. =
Behaviour Orders can, among other things, prohibit a person from =
visiting a particular street or premises, set a curfew or lead to a =
person's eviction from his home. Violation of a Behaviour Order can =
carry a prison sentence of up to five years. Prime Minister Tony Blair =
is now proposing that the government be allowed to confine people =
proactively, based on fears of their potential danger to society." =
(Kopel, et al., 2001, p. 27.)

      "The British government frequently bans books on national security =
grounds. In addition, England's libel laws tend to favor those who bring =
suit against a free press. Prior restraint of speech in the United =
States is allowed only in the most urgent of circumstances. In England, =
the government may apply for a prior restraint of speech ex parte, =
asking a court to censor a newspaper without the newspaper even having =
notice or the opportunity to present an argument. . . . Free speech in =
Great Britain is also constrained by the Official Secrets Act, which =
outlaws the unauthorized receipt of information from any government =
agency, and allows the government to forbid publication of any 'secret' =
it pleases. . . . The act was expanded in 1920 and again in 1989 -- =
times when gun controls were also expanded." (Kopel, 1991, pp. 99-102.)

      Japan -- Citizens have fewer protections of the right to privacy, =
and fewer rights for criminal suspects, than in America. Every person is =
the subject of a police dossier. Japanese police routinely search =
citizens at will and twice a year pay "home visits" to citizens' =
residences. Suspect confession rate is 95% and trial conviction rate is =
more than 99.9%. The Tokyo Bar Assn. has said that the Japanese police =
routinely engage in torture or illegal treatment. Even in cases where =
suspects claimed to have been tortured and their bodies bore the =
physical traces to back their claims, courts have still accepted their =
confessions. Amnesty International calls Japan's police custody system =
"a flagrant violation of United Nations human rights principles." =
Suspects can be held and interrogated for 28 days without being brought =
before a judge, compared with no more than two days in many other =
nations. They aren't allowed legal counsel during interrogation, when in =
custody may be visited by only criminal defense lawyers, are not allowed =
to read confessions before they sign them, and have no right to trial by =
jury. (Kopel, 1991, pp. 23-26.)

    =20
      Posted: 2001-04-12 =20




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<DIV><FONT size=3D2><A=20
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h/20010412-InternationalGunControl-001.shtml</A></FONT></DIV>
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      <CENTER><FONT size=3D+2><I>ILA Research &amp; Information Division =

      <HR>
      </I></FONT>
      <P></P></CENTER>
      <P align=3Dright><FONT face=3D"Times, Times New Roman, =
Latin"></FONT><FONT=20
      face=3DArial size=3D-1><I>4/10/01</I></FONT></P>
      <CENTER><FONT face=3DArial size=3D+2><B>Gun Laws, Culture, Justice =
&amp; Crime=20
      in Foreign Countries</B></FONT></CENTER>
      <P><FONT face=3D"Times New Roman">Do other countries all have more =

      restrictive gun laws and lower violent crime rates than the U.S.? =
How do=20
      U.S. and other countries' crime trends compare? What societal =
factors=20
      affect crime rates?</FONT></P>
      <UL>
        <LI><FONT face=3D"Times New Roman">A recent report for Congress =
notes,=20
        "All countries have some form of firearms regulation, ranging =
from the=20
        very strictly regulated countries like Germany, Great Britain, =
Japan,=20
        Malaysia, Singapore and Sweden to the less stringently =
controlled uses=20
        in the jurisdictions of Mexico and Switzerland, where the right =
to bear=20
        arms continues as a part of the national heritage up to the =
present=20
        time." However, "From available statistics, among (the 27) =
countries=20
        surveyed, it is difficult to find a correlation between the =
existence of=20
        strict firearms regulations and a lower incidence of gun-related =
crimes.=20
        . . . (I)n Canada a dramatic increase in the percentage of =
handguns used=20
        in all homicides was reported during a period in which handguns =
were=20
        most strictly regulated. And in strictly regulated Germany, =
gun-related=20
        crime is much higher than in countries such as Switzerland and =
Israel,=20
        that have simpler and/or less restrictive legislation." (Library =
of=20
        Congress, "Firearms Regulations in Various Foreign Countries, =
May=20
        1998.")<BR></FONT>
        <LI><FONT face=3D"Times New Roman">Many foreign countries have =
less=20
        restrictive firearms laws, and lower crime rates, than parts of =
the U.S.=20
        that have more restrictions. And many have low crime rates, =
despite=20
        having very different firearms laws. Switzerland and Japan =
"stand out as=20
        intriguing models. . . . (T)hey have crime rates that are among =
the=20
        lowest in the industrialized world, and yet they have =
diametrically=20
        opposite gun policies." (Nicholas D. Kristof, "One Nation Bars, =
The=20
        Other Requires," <I>New York Times</I>, 3/10/96.) Swiss citizens =
are=20
        issued fully-automatic rifles to keep at home for national =
defense=20
        purposes, yet "abuse of military weapons is rare." The Swiss own =
two=20
        million firearms, including handguns and semi-automatic rifles, =
they=20
        shoot about 60 million rounds of ammunition per year, and "the =
rate of=20
        violent gun abuse is low." (Stephen P. Halbrook, <I>Target=20
        Switzerland;</I> Library of Congress, pp. 183-184.) In Japan, =
rifles and=20
        handguns are prohibited; shotguns are very strictly regulated. =
Japan's=20
        Olympic shooters have had to practice out of the country because =
of=20
        their country's gun laws. Yet, crime has been rising for about =
the last=20
        15 years and the number of shooting crimes more than doubled =
between=20
        1997-1998. Organized crime is on the rise and 12 people were =
killed and=20
        5,500 injured in a nerve gas attack in a Japanese subway system =
in 1995.=20
        (Kristof, "Family and Peer Pressure Help Keep Crime Levels down =
in=20
        Japan," <I>New York Times</I>, 5/14/95.) Mostly without =
firearms,=20
        Japan's suicide rate is at a record high, about 90 per day. =
(Stephanie=20
        Strom, "In Japan, Mired in Recession, Suicides Soar," <I>New =
York=20
        Times</I>, p. 1, 7/15/99.)<BR></FONT>
        <LI><FONT face=3D"Times New Roman">U.S. crime trends have been =
better than=20
        those in countries with restrictive firearms laws. Since 1991, =
with what=20
        HCI calls "weak gun laws" (Sarah Brady, "Our Country's Claim to =
Shame,"=20
        5/5/97), the number of privately owned firearms has risen by =
perhaps 50=20
        million. Americans bought 37 million new firearms in the =
1993-1999 time=20
        frame alone. (BATF, <I>Crime Gun Trace Reports, 1999, National=20
        Report</I>, 11/00.) Meanwhile, America's violent crime rate has=20
        decreased every year and is now at a 23- year low (FBI). In =
addition to=20
        Japan, other restrictive countries have experienced increases in =

        crime:</FONT> </LI></UL>
      <P><FONT face=3D"Times New Roman"><B>England</B> -- Licenses have =
been=20
      required for rifles and handguns since 1920, and for shotguns =
since 1967.=20
      A decade ago semi-automatic and pump-action center-fire rifles, =
and all=20
      handguns except single- shot .22s, were prohibited. The .22s were =
banned=20
      in 1997. Shotguns must be registered and semi-automatic shotguns =
that can=20
      hold more than two shells must be licensed. Despite a near ban on =
private=20
      ownership of firearms, "English crime rates as measured in both =
victim=20
      surveys and police statistics have all risen since 1981. . . . In =
1995 the=20
      English robbery rate was 1.4 times higher than America's. . . . =
the=20
      English assault rate was more than double America's." All told, =
"Whether=20
      measured by surveys of crime victims or by police statistics, =
serious=20
      crime rates are not generally higher in the United States than =
England."=20
      (Bureau of Justice Statistics, "Crime and Justice in the United =
States and=20
      in England and in Wales, 1981-1996," 10/98.) An English doctor is=20
      suspected of murdering more than 200 people, many times the number =
killed=20
      in the gun-related crimes used to justify the most recent=20
      restrictions.</FONT></P>
      <P><FONT face=3D"Times New Roman">"A June 2000 <I>CBS News</I> =
report=20
      proclaimed Great Britain 'one of the most violent urban societies =
in the=20
      Western world.' Declared Dan Rather: 'This summer, thousands of =
Americans=20
      will travel to Britain expecting a civilized island free from =
crime and=20
      ugliness. . . (But now) the U.K. has a crime problem . . . worse =
than=20
      ours.'" (David Kopel, Paul Gallant, and Joanne Eisen, "Britain: =
From Bad=20
      to Worse," <I>America's First Freedom</I>, 3/01, p. 26.) Street =
crime=20
      increased 47% between 1999 and 2000 (John Steele, "Crime on =
streets of=20
      London doubles," <I>London Daily Telegraph</I>, Feb. 29, 2000.) =
See also=20
      www.2ndlawlib.org/journals/okslip.html,=20
      www.nationalreview.com/comment/comment071800c.html, and=20
      =
www.nraila.org/research/19990716-BillofRightsCivilRights-030.html.</FONT>=
</P>
      <P><FONT face=3D"Times New Roman"><B>Australia</B> -- Licensing of =
gun=20
      owners was imposed in 1973, each handgun requires a separate =
license, and=20
      self-defense is not considered a legitimate reason to have a =
firearm.=20
      Registration of firearms was imposed in 1985. In May 1996 =
semi-automatic=20
      center-fire rifles and many semi-automatic and pump-action =
shotguns were=20
      prohibited. As of Oct. 2000, about 660,000 privately owned =
firearms had=20
      been confiscated and destroyed. However, according to the =
Australian=20
      Institute of Criminology, between 1996-1998 assaults rose 16 =
percent,=20
      armed robberies rose 73 percent, and unlawful entries rose eight =
percent.=20
      Murders increased slightly in 1997 and decreased slightly in 1998. =
(Jacob=20
      Sullum, "Guns down under," <I>Reason</I>, Australia, p. 10, =
10/1/00) For=20
      more information on Australian crime trends, see=20
      www.nraila.org/research/20000329-BanningGuns-001.shtml.</FONT></P>
      <P><FONT face=3D"Times New Roman"><B>Canada</B> -- A 1934 law =
required=20
      registration of handguns. A 1977 law (Bill C-51) required a =
"Firearms=20
      Acquisition Certificate" for acquiring a firearm, eliminated =
protection of=20
      property as a reason for acquiring a handgun, and required =
registration of=20
      "restricted weapons," defined to include semi- automatic rifles=20
      legislatively attacked in this country under the slang and =
confusing=20
      misnomer, "assault weapon." The 1995 Canadian Firearms Act (C-68)=20
      prohibited compact handguns and all handguns in .32 or .25 caliber =
-- half=20
      of privately owned handguns. It required all gun owners to be =
licensed by=20
      Jan. 1, 2000, and to register all rifles and shotguns by Jan. 1, =
2003.=20
      C-68 broadened the police powers of "search and seizure" and =
allowed the=20
      police to enter homes without search warrants, to "inspect" gun =
storage=20
      and look for unregistered guns. Canada has no American "Fifth =
Amendment;"=20
      C-68 requires suspected gun owners to testify against themselves. =
Because=20
      armed self-defense is considered inappropriate by the government,=20
      "Prohibited Weapons Orders" have prohibited private possession and =
use of=20
      Mace and similar, non-firearm means of protection. (For more =
information,=20
      see www.cfc- ccaf.gc.ca and=20
      =
www.nraila.org/research/20010215-InternationalGunControl-001.shtml.</FONT=
></P>
      <P><FONT face=3D"Times New Roman">From 1978 to 1988, Canada's =
burglary rate=20
      increased 25%, surpassing the U.S. rate. Half of burglaries in =
Canada are=20
      of occupied homes, compared to only 10% in the U.S. From 1976 to =
1980,=20
      ethnically and economically similar areas of the U.S. and Canada =
had=20
      virtually identical homicide rates, despite significantly =
different=20
      firearm laws. See also=20
      www.nationalreview.com/kopel/kopel120700.shtml</FONT></P>
      <P><FONT face=3D"Times New Roman"><B>Germany</B> -- Described in =
the Library=20
      of Congress report as "among the most stringent in Europe," =
Germany's laws=20
      are almost as restrictive as those which HCI wants imposed in the =
U.S.=20
      Licenses are required to buy or own a firearm, and to get a =
license a=20
      German must prove his or her "need" and pass a government test. =
Different=20
      licenses are required for hunters, recreational shooters, and =
collectors.=20
      As is the case in Washington, D.C., it is illegal to have a gun =
ready for=20
      defensive use in your own home. Before being allowed to have a =
firearm for=20
      protection, a German must again prove "need." Yet the annual =
number of=20
      firearm-related murders in Germany rose 76% between 1992-1995. =
(Library of=20
      Congress, p. 69.) It should be noted, HCI goes further than the =
Germans,=20
      believing "there is no constitutional right to self-defense" (HCI =
Chair=20
      Sarah Brady, quoted in Tom Jackson, "Keeping the Battle Alive," =
<I>Tampa=20
      Tribune</I>, 10/21/93) and "the only reason for guns in civilian =
hands is=20
      sporting purposes" (HCI's Center to Prevent Handgun Violence =
Director,=20
      Dennis Henigan, quoted in <I>USA Today</I>, 11/20/91).</FONT></P>
      <P><FONT face=3D"Times New Roman"><B>Italy</B> -- There are limits =
on the=20
      number of firearms and the quantity of ammunition a person may =
own. To be=20
      issued a permit to carry a firearm, a person must prove an =
established=20
      need, such as a dangerous occupation. Firearms which use the same=20
      ammunition as firearms used by the military -- which in America =
would=20
      include countless millions of rifles, shotguns, and handguns -- =
and=20
      ammunition for them are prohibited. Yet, "Italy's gun law, 'the =
most=20
      restrictive in Europe,' had left her southern provinces alone with =
a=20
      thousand firearm murders a year, thirty times Switzerland's =
total."=20
      (Richard A. I. Munday, <I>Most Armed &amp; Most Free?</I>, =
Brightlingsea,=20
      Essex: Piedmont Publishing, 1996.)</FONT></P>
      <CENTER><FONT face=3DArial><B>Foreign Country Cultures, Law =
Enforcement=20
      Policies, and Criminal Justice Systems</B></FONT></CENTER>
      <P><FONT face=3D"Times New Roman">While America is quite different =
from=20
      certain countries in terms of firearms laws, we are just as =
different from=20
      those countries in other respects which have a much greater =
influence on=20
      crime rates. Attorney David Kopel explains, "There is little =
evidence that=20
      foreign gun statutes, with at best a mixed record in their own =
countries,=20
      would succeed in the United States. Contrary to the claims of the =
American=20
      gun-control movement, gun control does not deserve credit for the =
low=20
      crime rates in Britain, Japan, or other nations. Despite strict =
and=20
      sometimes draconian gun controls in other nations, guns remain =
readily=20
      available on the criminal black market. . . . The experiences of =
(England,=20
      Japan, Canada, and the United States) point to social control as =
far more=20
      important than gun control. Gun control (in foreign countries) =
validates=20
      other authoritarian features of the society. Exaltation of the =
police and=20
      submission to authority are values, which, when internally adopted =
by the=20
      citizenry, keep people out of trouble with the law. The most =
important=20
      effect of gun control in Japan and the Commonwealth is that it =
reinforces=20
      the message that citizens must be obedient to the government." =
(<I>The=20
      Samurai, The Mountie, and The Cowboy: Should America adopt the gun =

      controls of other democracies?</I>, Buffalo, N.Y.: Prometheus =
Books, 1992,=20
      pp. 431.)</FONT></P>
      <P><FONT face=3D"Times New Roman">Kopel notes that crime is also =
suppressed=20
      in some foreign countries by law enforcement and criminal justice =
policies=20
      that would run afoul of civil rights protections in the U.S. =
Constitution=20
      and which the American people would not accept. "Foreign gun =
control comes=20
      along with searches and seizures, and with many other restrictions =
on=20
      civil liberties too intrusive for America," Kopel observes. =
"Foreign gun=20
      control . . . postulates an authoritarian philosophy of government =
and=20
      society fundamentally at odds with the individualist and =
egalitarian=20
      American ethos. In the United States, the people give the law to=20
      government, not, as in almost every other country, the other way =
around."=20
      Following are details for two countries which anti-gun activists =
often=20
      compare to the U.S.:</FONT></P>
      <P><FONT face=3D"Times New Roman"><B>Britain</B> -- Parliament =
increasingly=20
      has given the police power to stop and search vehicles as well as=20
      pedestrians. Police may arrest any person they "reasonably" =
suspect=20
      supports an illegal organization. The grand jury, an ancient =
common law=20
      institution, was abolished in 1933. Civil jury trials have been =
abolished=20
      in all cases except libel, and criminal jury trials are rare. . . =
. While=20
      America has the <I>Miranda</I> rules, Britain allows police to =
interrogate=20
      suspects who have asked that interrogation stop, and allows the =
police to=20
      keep defense lawyers away from suspects under interrogation for =
limited=20
      periods. Britain allows evidence which has been derived from a =
coerced=20
      confession to be used in court. Wiretaps do not need judicial =
approval and=20
      it is unlawful in a British court to point out the fact that a =
police=20
      wiretap was illegal." (Kopel, 1992, pp. 101-102.)</FONT></P>
      <P><FONT face=3D"Times New Roman">Recently, London law enforcement =

      authorities began installing cameras overlooking selected =
intersections in=20
      the city's business district, to observe passers-by on the =
sidewalks. The=20
      British Home Office has introduced "'Anti-Social Behaviour Orders' =
--=20
      special court orders intended to deal with people who cannot be =
proven to=20
      have committed a crime, but whom the police want to restrict =
anyway.=20
      Behaviour Orders can, among other things, prohibit a person from =
visiting=20
      a particular street or premises, set a curfew or lead to a =
person's=20
      eviction from his home. Violation of a Behaviour Order can carry a =
prison=20
      sentence of up to five years. Prime Minister Tony Blair is now =
proposing=20
      that the government be allowed to confine people proactively, =
based on=20
      fears of their potential danger to society." (Kopel, et al., 2001, =
p.=20
      27.)</FONT></P>
      <P><FONT face=3D"Times New Roman">"The British government =
frequently bans=20
      books on national security grounds. In addition, England's libel =
laws tend=20
      to favor those who bring suit against a free press. Prior =
restraint of=20
      speech in the United States is allowed only in the most urgent of=20
      circumstances. In England, the government may apply for a prior =
restraint=20
      of speech <I>ex parte</I>, asking a court to censor a newspaper =
without=20
      the newspaper even having notice or the opportunity to present an=20
      argument. . . . Free speech in Great Britain is also constrained =
by the=20
      Official Secrets Act, which outlaws the unauthorized receipt of=20
      information from any government agency, and allows the government =
to=20
      forbid publication of any 'secret' it pleases. . . . The act was =
expanded=20
      in 1920 and again in 1989 -- times when gun controls were also =
expanded."=20
      (Kopel, 1991, pp. 99-102.)</FONT></P>
      <P><FONT face=3D"Times New Roman"><B>Japan</B> -- Citizens have =
fewer=20
      protections of the right to privacy, and fewer rights for criminal =

      suspects, than in America. Every person is the subject of a police =

      dossier. Japanese police routinely search citizens at will and =
twice a=20
      year pay "home visits" to citizens' residences. Suspect confession =
rate is=20
      95% and trial conviction rate is more than 99.9%. The Tokyo Bar =
Assn. has=20
      said that the Japanese police routinely engage in torture or =
illegal=20
      treatment. Even in cases where suspects claimed to have been =
tortured and=20
      their bodies bore the physical traces to back their claims, courts =
have=20
      still accepted their confessions. Amnesty International calls =
Japan's=20
      police custody system "a flagrant violation of United Nations =
human rights=20
      principles." Suspects can be held and interrogated for 28 days =
without=20
      being brought before a judge, compared with no more than two days =
in many=20
      other nations. They aren't allowed legal counsel during =
interrogation,=20
      when in custody may be visited by only criminal defense lawyers, =
are not=20
      allowed to read confessions before they sign them, and have no =
right to=20
      trial by jury. (Kopel, 1991, pp. 23-26.)</FONT></P>
      <P></P></TD></TR>
  <TR>
    <TD><FONT size=3D-3>Posted: 2001-04-12</FONT></TD>
    <TD align=3Dright></TD></TR></TBODY></TABLE>
<P></P>
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