The issues and obstacle of law in relation to firearm control in Thailand: A case study of measures on criminal law and fiscal law

Abstract

            The objective of this research is to analyze legal problems in terms of Criminal Law measures and Fiscal Law measures of Thailand’s firearms control as well as the law about firearms control in foreign countries and UN measures. The research also includes the study of specific opinions from qualified key informants in order to propose guidelines for appropriate amendments to the Firearms, Ammunition, Explosives, Fireworks, and the Equivalent of Firearms Act, B.E.2490 (1947), the Customs Act, B.E.2560 (2017), and the Excise Tax Act, B.E.2560 (2017). The key issues from these Acts include unclear provisions, the lack of provisions for the regulation for controlling new serious inventions, and the inappropriateness of rules and discretion that are used to permit the possession, carry, and use of firearms, as well as the inappropriateness of criminal measures and measures of fees, customs duties and excise taxes. These Acts should be appropriately amended in accordance with the principles of the social contract that the state must be responsible for the peace and security of the people. Validity and clarity are required in the provisions of the acts in terms of formats and contents, which affect the decision-making of people seeking to possess, use or carry firearms, when considering with their necessity.