| OTO No. | 645 | Classification | NPA-(1) | |
|---|---|---|---|---|
| Date of Acceptance | October 24, 2001 | Ministry/Agency Receiving Complaint | Cabinet Office | |
| Responsible Ministries | National Police Agency | Related Laws | Firearms and Swords Control Law | |
| Complainant | Domestic firms | Exporting Countries | USA | |
| Subject | Clarification of the criteria for judging the approval for the possession of a shotgun | |||
| Description of Complaint |
The Ministry of Economy, Trade and Industry rejected the complainant's application for an import quota for shotguns (410) due to the National Police Agency's judgment that the Agency could not permit the possession of the shotgun within the country. The Agency 's view is that the shotgun could shoot bullets for rifles (44 Remington Magnum, .444 Marlin), hence falling under Article 4, Clause 1.1. of the Firearms and Swords Control Law (Permit) and prohibiting the Agency to issue a permit. However, the rifle bullets, especially, 444 Marlin, are bullets that are out of the specifications of the shotgun. If they could be loaded in the shotgun and shot, the cartridge, the barrel and the gun itself would be deformed or broken and involve a risk of causing fatal harm to human life. Therefore, the complainant requests the Agency to clearly indicate the law and ordinances, clear criteria and reasons it deems applicable or valid for denying the permit. (Second Opinion) Article 4, Clause 1.1. of the Firearms and Swords Control Law states the law's basic stance that each type of gun has its own use and does not state reasons for disqualification that will prohibit the use of a shotgun. The "socially proper relationships between guns and their use" means that the law does not permit the possession of sport guns for the use of hunting in general or exterminating harmful birds and animals nor tranquilizer guns for the use of hunting or target shooting. Shotgun (410) in question were produced for hunting in general and exterminating harmful birds and animals, hence have "socially proper relationships." Reasons for disqualification of a gun mean that a gun with more power than is needed for a use or a gun with a structure or function that could be improperly used will not be permitted for use. Since the reasons are criteria for denying permits, they have to be specifically stated in the law. The Firearms and Swords Control Law has specific provisions for guns that do not meet the criteria. The Explosives Control Law has no provision for the difference between bullets for rifles and bullets of shotguns. It would be fair to hold the SAAMI standard as the criteria for the distinction. It is clear that a bullet shot from a hunting gun, with the type of chamber that the SAAMI-specified shotgun, cannot have the same level of performance as so-called rifles due to the constraints by the shape of the chamber. Shotguns using any kind of cartridge or warhead have a far lesser power or physical effect than so-called rifles. The 410 shotgun in question can shoot down deer at close range, but it has only a limited range of around one hundred meters, making it a completely different type of gun from rifles. |
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| Details of Measures |
1. The agency replied as follows: (1) The applicable law or ordinance: Article 4, Clause 1.1. of the Firearms and Swords Control Law (2) The criterion: the Agency makes a judgment on the permit, based on the criterion whether the gun will be necessary for the uses it is intended for. (3) Reasons for the judgment: the Firearms and Swords Control Law prohibits in principle the possession of guns and swords except in the certain cases in which they are deemed necessary in society. Article 4 of the Law grants a permit for possession, as an exceptional case, to individuals who intend to possess a gun it uses. There has to be a relationship between the gun and its uses that is acceptable by society, so that only the types of guns of which the structure and functions etc. are in compliance with their uses can be admitted. The shotgun in question has the function of shooting rifle bullets, meaning that it has a function that cannot be deemed necessary in society - a highly dangerous structure. In conclusion the gun's structure and function are not in compliance with the uses a shotgun is intended for, not allowing the Agency to permit its possession. Incidentally, Article 5, Clause 2.4. of the Law adds more rigorous standards for the approval of the possession of rifles to the standards stated in Article 5 of the Law. This is because rifles have a remarkably higher hitting accuracy and a far stronger harming effect than a shotgun and an air rifle, making it a very destructive and powerful lethal weapon when used in a crime. 2. The agency replied as follows: As for the permission based on Article 4 of the Firearms and Swords Control Law, the Agency made clear its stance in the last response. Since it will be objectively decided according to generally accepted ideas whether the structure and functions of a gun are in compliance with its uses, it is not necessary to state all individual structures and functions not in compliance with the uses of a gun in the ordinances. Article 5, Clause 2.2 of the Ordinance for Enforcing the Firearms and Swords Control Law only gives typical examples of guns that have more power than is needed for its uses or have a structure that has a high risk of being inappropriately used, making it absolutely impossible to permit their possession from the viewpoint of preventing harm, and it is desirable to exclude them from the list of the guns that can be imported or sold. The Agency has made an objective judgment that the gun in question has the function of firing bullets for rifles, based on the drawing etc. of its chamber etc. The complainant said: "it is clear that the gun does not have the performance of so-called rifles due to the constraints from the shape of its chamber." and "it has only a limited range, making it a completely different type of gun from rifles." However, regardless of the truth of these assertions, the gun's function of firing rifle bullets is not in compliance with any use that allows the possession of a shotgun. Incidentally, the fact that the shotgun is consistent with the SAAMI specifications is irrelevant to the permission of its possession. |
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| Classification of Processing | D | Directions | I-b | |
| Remarks |
A written reply was made on November 21, 2001. An additional written reply was made on January 8, 2002. | |||