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 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.")
- 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.)
- 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:
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 2000CBS Newsreport 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 inUSA 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 theMirandarules, 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 speechex 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.)