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| | ==Enforcing the Law== | | ==Enforcing the Law== |
| | + | ===Stop, Search and Seize=== |
| | + | In legal terms, illegal gun possession, much like the possession of illegal drugs, is a "consensual offense", as there is no "victim" involved who would lodge a complaint with the police. Japanese police have wide-ranging search-and-seizure powers in order to find illegal weapons. The Firearms Act permits a policeman to stop and search anybody, if the officer feels that there is "sufficient suspicion that a person is carrying a fire-arm, a sword or a knife," or if he feels that somebody "is likely to endanger life or body of other persons judging reasonably from his abnormal behavior or any other surrounding circumstances."<ref>'Law Controlling Possession, Etc. of Fire-Arms and Swords' (1978), Law No 6, Art 24-2, EHS Law Bulletin Series, No 3920.</ref> If a weapon is found, the policeman may confiscate it and even if the confiscation is later found to be in error, the confiscated firearm is sometimes not returned. |
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| − | In Legal terms, illegal gun possession, much like the possession of illegal drugs, is a "consensual offense", as there is no "victim" involved who would lodge a complaint with the police. Japanese police have wide-ranging search-and-seizure powers in order to find illegal weapons. The Firearms Act permits a policeman to stop and search anybody, if the officer feels that there is "sufficient suspicion that a person is carrying a fire-arm, a sword or a knife," or if he feels that somebody "is likely to endanger life or body of other persons judging reasonably from his abnormal behavior or any other surrounding circumstances."<ref>'Law Controlling Possession, Etc. of Fire-Arms and Swords' (1978), Law No 6, Art 24-2, EHS Law Bulletin Series, No 3920.</ref> If a weapon is found, the policeman may confiscate it and even if the confiscation is later found to be in error, the confiscated firearm is sometimes not returned.
| + | Ironically, the law allowing for special weapons searches is almost redundant, as routine searches by the police are commonplace. They can stop anybody they deem to look suspicious and ask them to show the contents of their purse, case or bag. Technically, citizens are not obligated to show the policeman what is in their bag, but given the Japanese culture of deferring to authority, plus the fact that a refusal could result in the citizen being taken in for further questioning, few refuse. Even if a policeman's search does discover a gun or any other illegal substance and the search is subsequently ruled illegal, it makes no difference to the case, as Japanese courts permit the use of illegally seized evidence.<ref>Japan v Hashimoto, 32 Keishu 1672 (Supreme Court, 1st PB, 7 September 1978).</ref> |
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| − | Ironically, the law allowing for special weapons searches is almost redundant, as routine searches by the police are commonplace. They can stop anybody they deem to look suspicious and ask them to show th contents of their purse, case or bag. Technically, citizens are not obligated to show the policeman what is in their bag, but given the Japanese culture of deferring to authority, plus the fact that a refusal could result in the citizen being taken in for further questioning, few refuse. Even if a policeman's search does discover a gun or any other illegal substance and the search is subsequently ruled illegal, it makes no difference to the case, as Japanese courts permit the use of illegally seized evidence.<ref>Japan v Hashimoto, 32 Keishu 1672 (Supreme Court, 1st PB, 7 September 1978).</ref>
| + | ===House Visits=== |
| | + | One of the most important duties carried out by the police is the so-called "home visit." Twice a year, "residence information cards" are filled in by police officers during door-to-door visits of each household within their precinct. These cards contain information about who lives in the house and which family member to contact in case of emergency, the relationship between the various occupants of the house, their occupations, working hours, and even the make of car they own.<ref>L Craig Parker; The Japanese Police System Today: An American Perspective; Kodasha International; 1984</ref> As part of the home visits, all gun licensees are checked, to ensure that their gun has not been stolen or misused, that it is securely stored as per regulations, and that the licensees are emotionally stable. |
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| | + | However, police surveillance goes beyond house visits and checking up on license owners. Japanese police have a long-standing tradition of keeping tabs on the local populace and monitoring every aspect of life (a fact which came to light with the inclusion of such statistics as the disturbing "Background and Motives for Girls' Sexual Misconduct" in the the nation's official year-end police report.<ref>National Police Agency, Japanese Government, White Paper on Police 1986 (excerpt), translation: Police Association (1986), page 70</ref> Virtually every citizen is the subject of a police dossier of one form or another. |
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| | + | ===Police State?=== |
| | + | Virtually all Japanese citizens believe that the police should be respected and not questioned. Due to the esteem in which the police are held, the Japanese people willingly co-operate with them, and this co-operation also extends to obeying the laws which almost everyone believes in. The Japanese people, and even the large majority of Japanese criminals, voluntarily obey the gun control laws. |
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| | + | This is despite the fact that as well as not having the right to bear arms, citizens also have no right to privacy against police searches and many other rights are so restricted that Japan could easily be called a "police state." |
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| | ==References== | | ==References== |
| | {{Reflist}} | | {{Reflist}} |