Gun Control in Japan

Japan has what many consider to be the world's strictest gun control laws, and the idea that Japanese gun laws should serve as model for other nations is often put forward. However, although gun related crime in Japan is lower than elsewhere, such reasoning ignores many other factors, which at the end of the day leave a fairly unpersuasive argument.

Many people cite the Japanese example, without understanding exactly what the law is, how it is implemented and enforced, as well as the culture within the country towards both gun ownership and authority. Although crime figures, especially gun-related crimes, are lower in Japan than many other places, it comes at a cost to the civilian population. This cost can be broadly summarised as a combination between increased police monitoring and reduced civil liberties.

In January 2008, then-Prime Minister Yasuo Fukuda of Japan's ruling conservative LDP, in response to an increase in violent crimes committed by minors and organised crime (bouryokudan 暴力団), called for an amendment to the constitution, to allow for even tighter firearms control measures.

Enforcing the Law

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." 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 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.