Laws regulating firearms in Japan are very strict and the core of that regulation is the Firearms and Swords Control Law (F.S.C. Law). Firearms comprise a diverse range of arms, including hunting guns (shotguns and rifles) the use of which is socially accepted, and other firearms (handguns, small guns, machine guns, and cannons) the use of which is not readily accepted. The regulations therefore provide for various types of firearms with varying degrees of penalties.
The possession of firearms for the purpose
of protection is basically prohibited in Japan. In recognition
that handguns are primarily killing and injuring devices, their
possession by the general public is generally prohibited, and
violations concerning these types of firearms also carry stiffer
penalties than violations concerning other firearms (compiled
from "Firearms Control in Japan" published by Firearms
Division, National Police Agency). On the other hand, if offenders
surrender their illegally possessed firearms on a voluntary basis,
they are eligible for "voluntary surrender provisions"
which either fully exempt or mitigate the penalty. Possession
of handguns is legally permitted for people with certain jobs
such as members of the Police, Imperial Police, and Self Defense
Forces, and for special occasions such as for participants of
shooting competitions with the permission of prefectural Security
Committees.
Unfortunately, Japan faces the situation in which the existence
of guns may be tolerated.
1) The proportion of prosecutions involving
citizens other than organized gangs is increasing (from 28.9%
in 1994 to 37.9% in 1997).
2) It is reported that 32% of people in their 20's would like
to try to fire guns.
3) There is a tendency for the young people to accept guns. In
1997, a high school student who studied abroad brought back a
gun, and another high school student threatened a police officer
with a knife to rob his gun.
Firearms are circulating all around the world, and approximately 1,000 guns are confiscated in Japan per year. Since 30% of them are from the United States, gun problems in the United States are also problems in Japan. In order to maintain the safe environment in Japan, Japanese people need to raise the anti-gun sentiments, to assure ourselves not to yield to a conception of having guns as a means of protection as the Americans do, and to appeal to other countries that the daily life in Japan without guns is part of Japanese culture, which we can boast of.
"As a conclusion, after having seen gun problems both in domestic and international arenas, I believe that we can progress the most when the appeal for eradicating guns from grassroot movements is combined with the governmental commitment on gun control to foreign governments" (the remark by Jiro Ono, Kagoshima Prefecture Police Chief, at Yoshi's Seventh Year Memorial Event on October 18, 1998 in Nagoya).
For the state of gun control in Japan,
refer to http://www.npa.go.jp/
(National Police Agency) or http://www.stopgun.org/ (Stop Gun Caravan).
In most of the United States, it is legal for individuals to possess handguns, provided that there are no disqualifying reasons such as minor age and having a criminal record. To counter the growing crime rates involving the use of firearms in recent years, the Brady Bill was made into a federal law in 1993. Until then, the waiting period for the purchase of firearms varied from state to state, and the new federal law set this time to five days. In 1994, the Comprehensive Crime Prevention Law came into effect with measures prohibiting the manufacture, import, and possession of powerful firearms used as weapons.
Since the foundation of the United States, the tradition of having firearms for self-protection has been rooted in American life. The nation is swamped with over 200 million firearms currently in circulation. In 1996, the United States recorded a total of 10,744 murder victims by firearms (Firearms Control in Japan 1996, Firearms Division, National Police Agency).
Despite the fact that 70% of murder victims are killed by guns and 65% of Americans want gun control (NHK Survey in 1999), why is the gun control in the United States moving so slowly? The existence of Second Amendment to the US Constitution is a definite factor, according to National Rifle Association (NRA). The Amendment 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."
This article, however, applies only to the militia, and it does not entitle individual citizens to carry guns. The past rulings by the US Supreme Court do not support the NRA's interpretation of this Amendment. It is said that the outcome can't be predicted if the matter is brought to the Supreme Court for the interpretation, but NRA has not brought any lawsuit for fear of receiving the negative decision.
The second major factor for slow enactment of gun control is the existence of NRA, the most influential pro-gun lobby group advocating the protection of armed citizens's rights and working as gun manufacturers' public relations department. Having been established in 1871, NRA currently boasts 3 million members and 150-million-dollar annual budget. "Guns do not kill people. People do." is their slogan to defend carrying guns. With their financial advantage, NRA has maneuvered pro-gun control candidates' defeat in elections by slandering them.
The law that has been strongly pushed by NRA is Concealed Weapons Law. While the visible possession of firearms is legal in most of the United States, 30 states allow their citizens to conceal weapons. In addition, since Brady Law passed in 1993 as a 5-year-limited-time legislation, the 5 day waiting period for checking the identification and criminal records of gun purchasers was eliminated in November 1998. We have to admit that this is a backward step.
There are, however, some movement that diminishes NRA's power. On February 11, 1999, a court decision was made in New York to recognize the liability of gun manufacturers and distributors. Mr. Koichi Sunada, the father of Kei Sunada who was shot and killed in New York in 1994, is one of the plaintiffs. Following the New York decision, several cities including Chicago and New Orleans brought lawsuits claiming liabilities of gun makers and distributors.
Given shooting sprees by youngsters in Arkansas in March 1998 and in Oregon in May, President Clinton presented a bill to charge the parents for criminal offense in case that the children can easily bring out guns because of the insufficient firearms management at home. This bill has been made into a law in 15 states, and the President seeks to expand this law into 50 states.
There is a report that the possession of guns in household decreased from 48% in 1973 to 32% in 1998 in California. This was reported by Dr. Richard Haymaker during the 7th Memorial Event on Oct. 18, 1998.
Grass roots gun control organizations make a definite contribution
to gun
control. One of the recipients of 1996 Yoshi's Gift, VAHV in Virginia
contributed to enactment of A Gun Per Month law that allows the
purchase of only one gun a month. Since Virginia has been a hotbed
for professional firearm middlemen buying many guns legally to
bring them to other surrounding states such as New York, this
new law can prevent this gun trafficking.
Silent March Committee won Yoshi's Gift in 1998. Since 1994,
they organized bi-annual events called Silent March in which they
exhibit shoes of the number of gun violence victims for the past
year, and tried to sway public opinions.
Louisiana Ceasefire, on the other hand, mutilated Concealed Weapons
Law by adding some restrictions. Residents in Louisiana can reject
other people entering their house with guns.