LEGAL MEASURES TO CONTROL THE POSSESSION OF FIREARMS, CARRYING FIREARMS AND USE FIREARMS FOR SELF-DEFENSE

Abstract

The objectives of this research are 1) To study the theory, facts and legal problems in terms of Legal measures to control the possession of firearms, carrying firearms and use firearms for self-defense 2) To analyze Legal measures in the Kingdom of Thailand and foreign. 3) To suggest guidelines applying Legal measures by applying foreign laws that are appropriate to Thai law. This research is a qualitative research conducted by researching documents, legal texts, academic texts, research papers, statistics, information from websites, together with in-depth interviews with 8 groups such as judges, prosecutors, lawyers, police officers, administrative departments, firearm dealers, people who are interested and public organizations related to the defense industry for total 35 persons.The results of the study revealed that: 1) the Firearms, Ammunition, Explosives, Fireworks and Imitation Firearms Act, B.E. 2490 (1947) have been enforced for a long time. Some provisions therefore are not appropriate for the current social and economic conditions. 2) The United States of America, The United Kingdom, The Federal Republic of Germany, Republic of Singapore and The Kingdom of Thailand all have Legal measures to control the possession of firearms, carrying firearms and use firearms for self-defense 3) To amend the law by determining the qualifications of those who are entitled to be allowed to have and use firearms, consideration from history of offenses, theoretical and practical tests on the use of firearms. Passed a diagnosis from a psychiatric doctor. Must be a person having the ability to pay compensation and should bring down the price of the legal firearms and to reduce the illegal firearms purchases. When transporting firearms to a town, village or public way, the unloaded firearms must be stored in a locked compartment of the vehicle or in a locked container in such a way that the firearm cannot be readily accessed and used. Should be presumed that self-defense using the lawful firearms in own dwelling is a legitimate and reasonable defense.