The right to keep and bear arms (often referred to as the right to bear arms) is a right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, including security against tyranny, as well as hunting and sporting activities. Countries that guarantee the right to keep and bear arms include the Czech Republic, Guatemala, Ukraine, Mexico, the Philippines, the United States, Yemen, and Switzerland.
Background
The Bill of Rights 1689 allowed Protestant citizens of England to "have Arms for their Defence suitable to their Conditions and as allowed by Law" and restricted the ability of the English Crown to have a standing army or to interfere with Protestants' right to bear arms "when Papists were both Armed and Imployed contrary to Law" and established that Parliament, not the Crown, could regulate the right to bear arms.
Sir William Blackstone wrote in the 18th century that the right to have arms was auxiliary to the "natural right of resistance and self-preservation" subject to suitability and allowance by law. The term arms, as used in the 1600s, refers to the process of equipping for war. It is commonly used as a synonym for weapon.
Inclusion of this right in a written constitution is uncommon. In 1875, 17 percent of national constitutions included a right to bear arms. Since the early twentieth century, "the proportion has been less than 9 percent and falling". In an article titled "U.S. Gun Rights Truly Are American Exceptionalism," a historical survey and comparative analysis of constitutions dating back to 1789, Tom Ginsburg and colleagues "identified only 15 constitutions (in nine countries) that had ever included an explicit right to bear arms. Almost all of these constitutions have been in Latin America, and most were from the 19th century".
Countries recognizing the right to keep and bear arms
North America
Guatemala
While protecting the right to keep arms, Guatemalan constitution specifies that this right extends only to "weapons not prohibited by law".
Honduras
The constitution of Honduras does not protect the right to keep and bear arms.
Although not explicitly mentioned in the legislation, every person is entitled to receive a license to keep and carry arms by Honduran Statute law, provided that they fulfill the conditions required by the law.
Mexico
The Mexican constitution of 1857 first included the right to be armed. In its first version, the right was defined in similar terms as it is in the Second Amendment to the United States Constitution. A new Mexican constitution of 1917 relativized the right, stating that its utilization must be in line with local police regulations.
Another change was included in 1917 Constitution. Since then, Mexicans have the right to be armed only within their home and further utilization of this right is subject to statutory authorization in Federal law.
United States
In the United States, which has an English common law tradition, a longstanding common-law right to keep and bear arms was practiced prior to the creation of a written national constitution. Today, this right is specifically protected by the United States Constitution and many state constitutions.
Europe
Czech Republic
Historically, the Czech lands were at the forefront of the spreading of civilian firearms ownership. In the 1420s and 1430s, firearms became indispensable tools for the mostly peasant Hussite armies whose amateur combatants, including women, fended off a series of invasions of professional crusader armies of well-armored warriors with cold weapons. Throughout and after the Hussite wars, firearms' design underwent fast development and their possession by civilians became a matter of course.
Their first firearms regulation was enacted in 1517 as a part of general accord between the nobles and burghers and later in 1524 as a standalone Enactment on Firearms (zřízení o ručnicích). The 1517 law explicitly stated that "all people of all standing have the right to keep firearms at home" while at the same time enacting a universal carry ban. The 1524 enactment set out a process of issuing of permits for carrying of firearms and detailed enforcement and punishment for carrying without such a permit. Carrying later became permitless again until 1852, when Imperial Regulation No. 223 reintroduced carry permits. This law remained in force until the 1939 German invasion.