Legal Issue on Possession and License of Personal Firearms

Abstract

This research consists purposes were 1. to study concept, theory, and history of firearms laws 2. to compare the licensing for possession and use of personal firearms laws of Thailand to firearms laws of United States and Japan 3. to study and analyze legal issue on the licensing for possession and use of personal firearms and 4. to suggest a guideline for the amendment to the law on licensing for possession and use of personal firearms. This research is qualitative research, with documentary researching, data collection from various academic text such as textbook, thesis, academy journal, the written laws, articles, and the decisions of foreign court, including the information from officials or reliable website, to conduct content analysis and suggest a guideline for the amendment to the law on licensing for possession and use of personal firearms. The study finds that 1) Adhering to the theory on the protection of rights and freedoms and on maintaining public order, including the concept of legal defense, coupled with the history of firearm laws, the purpose of firearms laws is realized 2) The comparison on firearms laws between Thailand, United States and Japan reveals that the laws recognize the individual rights and freedoms to possess and use personal firearms, but also enacts regulation as firearms is considered a lethal weapon 3) Although Thailand has firearms laws, Firearms, Ammunition, Explosives, Fireworks and Imitation Firearms Act, B.E. 2490, but such law has been enacted for a long period of time without any revision or amendment to suit the changing circumstances. Therefore, some of its articles are not up to date and have lower firearms control standard than the laws of United States and Japan and 4) With the reasons stated hereinabove, the study proposes an amendment to the firearms laws on qualification and restriction of licensee, type and the number of allowed firearms, to better suits the changing circumstances and the purpose of the firearms laws and to include the review on the issued firearms license.