# Do any other countries have a 2nd Amendment? **URL:** \ **Category:** Factual Questions\ **Created:** [June 30, 2010, 1:42pm UTC](https://boards.straightdope.com/t/do-any-other-countries-have-a-2nd-amendment/545055 "2010-06-30T13:42:54Z")\ **Posts on this page:** 16\ **Page:** 1
**Author:** ![emacknight](https://avatars.discourse-cdn.com/v4/letter/e/3ec8ea/32.png) [@emacknight](https://boards.straightdope.com/u/emacknight)\ **Post date:** [June 30, 2010, 1:42pm UTC](https://boards.straightdope.com/t/do-any-other-countries-have-a-2nd-amendment/545055/1 "2010-06-30T13:42:54Z")
I don’t mean that literally. What I’m curious to know is if any other countries besides the US have something similar to a constitutional provision that protects a right to keep and bear arms. Said more bluntly, do any other countries include “gun rights” as part of their constitution (charter of rights and freedoms)? ---
**Author:** ![Giles](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giles/32/60_2.png) [@Giles](https://boards.straightdope.com/u/Giles)\ **Post date:** [June 30, 2010, 2:04pm UTC](https://boards.straightdope.com/t/do-any-other-countries-have-a-2nd-amendment/545055/2 "2010-06-30T14:04:27Z")
Australia has very few civil rights in its Constitution (there’s no explicit right of freedom of speech, for example), and guns are not mentioned at all there. The federal government has put strict regulations on guns – probably using its interstate commerce power. ---
**Author:** ![emacknight](https://avatars.discourse-cdn.com/v4/letter/e/3ec8ea/32.png) [@emacknight](https://boards.straightdope.com/u/emacknight)\ **Post date:** [June 30, 2010, 2:12pm UTC](https://boards.straightdope.com/t/do-any-other-countries-have-a-2nd-amendment/545055/3 "2010-06-30T14:12:21Z")
Googling turned up this wiki page [Gun Rights](http://en.wikipedia.org/wiki/Right_to_keep_and_bear_arms) Two countries that specifically mention guns (Mexico and Switzerland) also state that they are kept at home and register. ---
**Author:** ![thelurkinghorror](https://avatars.discourse-cdn.com/v4/letter/t/7c8e57/32.png) [@thelurkinghorror](https://boards.straightdope.com/u/thelurkinghorror)\ **Post date:** [June 30, 2010, 4:34pm UTC](https://boards.straightdope.com/t/do-any-other-countries-have-a-2nd-amendment/545055/4 "2010-06-30T16:34:28Z")
BTW, not countries, but I believe either 43 or 44 US States have their own version of the 2nd in their constitutions. > [@Mexican Constitution](#): > > Article 10. The inhabitants of the United Mexican States have the right to possess arms within their domicile, for their safety and legitimate defense, except those forbidden by Federal Law and those reserved for the exclusive use of the Army, Militia, Air Force and National Guard. Federal law shall provide in what cases, conditions, under what requirements and in which places inhabitants shall be authorized to bear arms. This essentially means that the right to bear arms shall not be removed, but the government can restrict things. I believe they restrict military calibers, so civilians cannot use things like .223. At least in other places, this just means that civilians use nonmilitary calibers like the ballistically similar .222. In Switzerland, all veterans are in the reserve (in practice, the majority of the male population). They are given their service rifle, converted to semi-auto, and must keep it at home. For current soldiers I believe this is the [SIG 550](http://en.wikipedia.org/wiki/SIG_SG_550). For private ownership, things are more restricted than the US in some ways, and less restricted in other ways. Ultimately, it’s pretty similar except for the registration requirement. ETA: I’m not sure what “kept at home” means. Gun ranges are pretty popular in Switzerland, so it’s not like they can’t use them. I am pretty sure they have no legal CCW. ---
**Author:** ![sweeteviljesus](https://avatars.discourse-cdn.com/v4/letter/s/898d66/32.png) [@sweeteviljesus](https://boards.straightdope.com/u/sweeteviljesus)\ **Post date:** [June 30, 2010, 4:44pm UTC](https://boards.straightdope.com/t/do-any-other-countries-have-a-2nd-amendment/545055/5 "2010-06-30T16:44:45Z")
I guess it’s been removed by now, but there was a provision in the English Bill of Rights that stated that one had the right to keep and bear arms if he were a Protestant. Rob ---
**Author:** ![Arnold\_Winkelried](https://avatars.discourse-cdn.com/v4/letter/a/3d9bf3/32.png) [@Arnold\_Winkelried](https://boards.straightdope.com/u/Arnold_Winkelried)\ **Post date:** [June 30, 2010, 11:08pm UTC](https://boards.straightdope.com/t/do-any-other-countries-have-a-2nd-amendment/545055/6 "2010-06-30T23:08:12Z")
> [@thelurkinghorror](#): > > In Switzerland … What is the common practice in Switzerland doesn’t address the OP’s question, though. The [Swiss Constitution](http://www.admin.ch/ch/e/rs/c101.html) doesn’t mention anywhere that the right to own a weapon is a fundamental right. (Note: the Swiss constitution is much more detailed than the US constitution). The section on Fundamental Rights in the Swiss constitution has these chapters: Art. 7 Human dignity Art. 8 Equality before the law Art. 9 Protection against arbitrary conduct and principle of good faith Art. 10 Right to life and to personal freedom Art. 11 Protection of children and young people Art. 12 Right to assistance when in need Art. 13 Right to privacy Art. 14 Right to marry and to have a family Art. 15 Freedom of religion and conscience Art. 16 Freedom of expression and of information Art. 17 Freedom of the media Art. 18 Freedom to use any language Art. 19 Right to primary school education Art. 20 Academic freedom Art. 21 Freedom of artistic expression Art. 22 Freedom of assembly Art. 23 Freedom of association Art. 24 Freedom of domicile Art. 25 Protection against expulsion, extradition and deportation Art. 26 Guarantee of ownership Art. 27 Economic freedom Art. 28 Right to form professional associations Art. 29 General procedural guarantees Art. 29a Guarantee of access to the courts Art. 30 Judicial proceedings Art. 31 Deprivation of liberty Art. 32 Criminal proceedings Art. 33 Right of petition Art. 34 Political rights Art. 35 Upholding of fundamental rights Art. 36 Restrictions on fundamental rights The only mention I could find of weapons is this: Art. 107 Weapons and war material 1 The Confederation shall legislate against misuse of weapons and their accessories and ammunition. 2 It shall legislate on the manufacture, procurement and sale of war material as well as the import, export and transit of such material. ---
**Author:** ![Arnold\_Winkelried](https://avatars.discourse-cdn.com/v4/letter/a/3d9bf3/32.png) [@Arnold\_Winkelried](https://boards.straightdope.com/u/Arnold_Winkelried)\ **Post date:** [June 30, 2010, 11:11pm UTC](https://boards.straightdope.com/t/do-any-other-countries-have-a-2nd-amendment/545055/7 "2010-06-30T23:11:20Z")
P.S. I’m not an expert on the subject, but as far as I know, the USA is the only country that states in its constitution that the right to bear arms is a fundamental right. ---
**Author:** ![Lumpy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lumpy/32/446_2.png) [@Lumpy](https://boards.straightdope.com/u/Lumpy)\ **Post date:** [June 30, 2010, 11:16pm UTC](https://boards.straightdope.com/t/do-any-other-countries-have-a-2nd-amendment/545055/8 "2010-06-30T23:16:01Z")
England/Britain is a noteworthy example because at one point the right of citizens to keep and bear arms was cherished there, in large part because it was not a hypothetical matter but the result of several revolutions/ coup d’état’s/ dynasty changes. However, as the Wikipedia links says: > [@](#): > > Provisions in the [Bill of Rights](http://en.wikipedia.org/wiki/Bill_of_Rights_1689) of 1689 (and the similar [Claim of Right](http://en.wikipedia.org/wiki/Claim_of_Right) in Scotland) regarding rights to arms have been overruled by the doctrine of [implied repeal](http://en.wikipedia.org/wiki/Implied_repeal) and the principle of [parliamentary sovereignty](http://en.wikipedia.org/wiki/Parliamentary_sovereignty). . ---
**Author:** ![Arnold\_Winkelried](https://avatars.discourse-cdn.com/v4/letter/a/3d9bf3/32.png) [@Arnold\_Winkelried](https://boards.straightdope.com/u/Arnold_Winkelried)\ **Post date:** [June 30, 2010, 11:18pm UTC](https://boards.straightdope.com/t/do-any-other-countries-have-a-2nd-amendment/545055/9 "2010-06-30T23:18:43Z")
P.P.S. I meant to post this in my previous post, but I c&ped incorrectly. I’m not an expert on the subject, but as far as I know, the USA is the only country that states in its constitution that the right to bear arms is a fundamental right. Though I guess the constitution of Mexico fits that category - they don’t use the words “inalienable right”, but then the clause saying the citizens have the right to have guns at home is right there in the section describing fundamental rights: see [Article 10](http://en.wikipedia.org/wiki/Political_Constitution_of_the_United_Mexican_States#Article_10). On the other hand, Article 10 also says “Only arms sanctioned by the Army may be owned, and federal law will state the manner in which they can be used” (in the translation I see at Wikipedia) so I’ll leave it to the hair-splitters to determine if this is really equivalent to the US Constitution’s second amendment. ---
**Author:** ![Baron\_Greenback](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/baron_greenback/32/48_2.png) [@Baron\_Greenback](https://boards.straightdope.com/u/Baron_Greenback)\ **Post date:** [June 30, 2010, 11:31pm UTC](https://boards.straightdope.com/t/do-any-other-countries-have-a-2nd-amendment/545055/10 "2010-06-30T23:31:41Z")
I dunno, rifles aren’t that hard to own legally in the UK, and shotguns are even easier. A handgun, well that is really difficult, as far as I know. It’s a matter of degree. _shrug_ ---
**Author:** ![Arnold\_Winkelried](https://avatars.discourse-cdn.com/v4/letter/a/3d9bf3/32.png) [@Arnold\_Winkelried](https://boards.straightdope.com/u/Arnold_Winkelried)\ **Post date:** [June 30, 2010, 11:39pm UTC](https://boards.straightdope.com/t/do-any-other-countries-have-a-2nd-amendment/545055/11 "2010-06-30T23:39:43Z")
One last thing about Article 10 in the Mexican Consitution: here is the text in Spanish ( [http://www.diputados.gob.mx/LeyesBiblio/pdf/1.pdf](http://www.diputados.gob.mx/LeyesBiblio/pdf/1.pdf) - PDF file), from a link at Wikipedia. > [@](#): > > Artículo 10. Los habitantes de los Estados Unidos Mexicanos tienen derecho a poseer armas en su domicilio, para su seguridad y legítima defensa, con excepción de las prohibidas por la Ley Federal y de las reservadas para el uso exclusivo del Ejército, Armada, Fuerza Aérea y Guardia Nacional. La ley federal determinará los casos, condiciones, requisitos y lugares en que se podrá autorizar a los habitantes la portación de armas. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [July 1, 2010, 3:38am UTC](https://boards.straightdope.com/t/do-any-other-countries-have-a-2nd-amendment/545055/12 "2010-07-01T03:38:23Z")
Thread from last year on topic: [Do any other countries have the right to bear arms in their constitution?](http://boards.straightdope.com/sdmb/showthread.php?t=513507) Consensus seemed to be that Mexico came closest, but even then, the right appeared to be heavily qualified. ---
**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\ **Post date:** [July 1, 2010, 7:13am UTC](https://boards.straightdope.com/t/do-any-other-countries-have-a-2nd-amendment/545055/13 "2010-07-01T07:13:09Z")
In most country’s the “right” is moot. You have it or don’t. For instance, in India there are severe restrictions on ownership, while across the border in Pakistan, hardly any. In each case it was through social structures that the situation developed, n ot through fundamental rights. The US debate and the second amendment seems…rather silly. Private firearm ownership is widespread in the US and would outlast the 2nd Amendment. ---
**Author:** ![UDS](https://avatars.discourse-cdn.com/v4/letter/u/ecae2f/32.png) [@UDS](https://boards.straightdope.com/u/UDS)\ **Post date:** [July 1, 2010, 7:38am UTC](https://boards.straightdope.com/t/do-any-other-countries-have-a-2nd-amendment/545055/14 "2010-07-01T07:38:01Z")
Both the English Bill of Rights and the Mexican Constitition confine themselves to a (limited) statemetn of a right to _keep_ arms, i.e. to possess them. The Bill of Rights says nothing about the right to _bear_ arms, i.e. to carry them, to use them, while the Mexican Constution explicitly says that federal law is to govern the bearing of arms - meaning, it seems to me, that federal law can substantially restrict not only the kind of arms which people can keep in their homes, but the extent, if any, to which they may bring them out of their homes and use them. In short, in terms of the OP, the US seems to be the only country with any kind of constitutional assertion of a right to “keep and bear” arms. Mexico recognises constitutionally a right to keep arms, but not to bear them, and the UK has a vestigial constitutional declaration of very uncertain application today recognising a limited right to keep arms, but saying nothing about bearing them. As **AK84** rightly points out, the constitutional status of gun rights doesn’t necessarily correlate with the legal climate regulating guns. ---
**Author:** ![Nava](https://avatars.discourse-cdn.com/v4/letter/n/da6949/32.png) [@Nava](https://boards.straightdope.com/u/Nava)\ **Post date:** [July 1, 2010, 7:47am UTC](https://boards.straightdope.com/t/do-any-other-countries-have-a-2nd-amendment/545055/15 "2010-07-01T07:47:33Z")
> [@thelurkinghorror](#): > > ETA: I’m not sure what “kept at home” means. Gun ranges are pretty popular in Switzerland, so it’s not like they can’t use them. I am pretty sure they have no legal CCW. It means it’s kept in a closet in the bedroom, oiled and cleaned and along with a box of ammo. The idea is that in case of invasion, you instantly go from being in the reserve and serving one month per year to being on active duty and part of the nearest unit (not of the one where you usually serve). At least as per my Swiss coworkers, we’ve had at least one Swiss poster but there’s a dearth of them. ---
**Author:** ![clairobscur](https://avatars.discourse-cdn.com/v4/letter/c/839c29/32.png) [@clairobscur](https://boards.straightdope.com/u/clairobscur)\ **Post date:** [July 1, 2010, 7:53am UTC](https://boards.straightdope.com/t/do-any-other-countries-have-a-2nd-amendment/545055/16 "2010-07-01T07:53:16Z")
> [@thelurkinghorror](#): > > ETA: I’m not sure what “kept at home” means. Gun ranges are pretty popular in Switzerland, so it’s not like they can’t use them. I am pretty sure they have no legal CCW. AFAIK, it means it must indeed stay at home. They don’t have the right to open the ammunition containers, for instance. No such constitutionnal provision in France, by the way. And possession of weapons is severely restricted. Apart from some excedeelingly rare cases (people extremely threatened), no firearm can be carried (except hunting rifles, of course). And handguns at home are now allowed only for people who use them regularly as a sport practice (certificates required) and they must be kept in a safe at home.