United States: constitutional protection, but rules vary by state
The United States takes a markedly different approach. The Second Amendment protects the right to keep and bear arms, and US Supreme Court rulings have interpreted this as an individual right to possess firearms for lawful purposes, including self-defence. The court has also recognised that the right to bear arms for self-defence extends beyond the home.
That does not mean firearm purchases are entirely unrestricted. When a gun is bought from a federally licensed firearms dealer, the dealer generally submits the buyer’s details for a check through the National Instant Criminal Background Check System (NICS) to determine whether the person is legally prohibited from receiving a firearm.
State laws can differ substantially. California, for example, generally requires firearm purchases and transfers to go through a licensed dealer and imposes a 10-day waiting period before a firearm can be released. The state also restricts assault weapons and large-capacity magazines.
Texas, by contrast, has more permissive carry rules. People who meet the legal requirements may carry handguns in many public places without first obtaining a state carry licence, although restrictions still apply to prohibited individuals and certain locations.
Japan: possession is banned in principle, with narrow exceptions
Japan takes a far more restrictive approach. Its principal legislation, commonly referred to as the Act for Controlling the Possession of Firearms or Swords and Other Such Weapons, dates from 1958.
The basic rule is that civilian firearm possession is prohibited unless a specific exception applies. Limited categories of hunting guns and air guns may be legally possessed with permission from a prefectural public safety commission, including for approved hunting and sporting purposes.
Japan has also tightened its laws in response to newer types of weapons. Amendments enacted in 2024 strengthened firearm controls and introduced penalties for publicly inciting or soliciting illegal firearm possession. They also brought dangerous electromagnetic guns, or coilguns, under the prohibition on possession.
China: civilian firearm ownership is tightly restricted
China also maintains strict firearm controls. The Law of the People’s Republic of China on Control of Guns establishes strict state control and prohibits the unlawful possession, manufacture or modification, sale, transport, leasing or lending of firearms.
The law does not provide a broad right for ordinary citizens to buy or possess firearms. Limited civilian-use exceptions apply to approved shooting sports organisations and ranges, hunting grounds and wildlife protection organisations.
Strict controls, however, do not eliminate illegal firearms entirely. Chinese courts continue to handle cases involving unlawful manufacture, sale, transport and possession, including cases involving air guns and weapons that can be modified.
These cases show that restricting legal access can sharply narrow the lawful civilian firearms market without completely eliminating illicit weapons.
Source: Spring News