Kopel on Burmese Gun Control from The Volokh Conspiracy

alan

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In the material below, change "president" (of Burma), to Secretary of Treasury or Attorney General (of United States) as has been proposed, and deceide for yourself how happy you would or would not be living under such a regime. I believe that Mr. Kopel's research is usually reliable.

David Kopel, October 4, 2007 at 4:16am] Trackbacks
Burma Gun Controls: Recent events in Burma have led some people to wonder about kind of guns controls Burma has. Below is what I've found in a first round of research. Commentators are urged to supply additional information.

First, from the website of the Burma Lawyers Council, a pro-freedom organization based in Thailand:

A 1951 law bans possession of automatic weapons, grenades, and explosives with the intent to commit high treason. A rather narrowly-tailored law, at first glance.

However, the law states that the President can by decree add "any other arms or ammunition" to the banned list. And any person with a banned weapon is presumed guilty of intending to commit high treason, and required to prove his innocence:


Provided that, notwithstanding anything to the contrary contained in any other law for the time being in force, it shall be presumed, until the contrary is proved, in a prosecution under this section, that the person found going armed with; or in possession of, or having under his control any of the arms, ammunition or military stores specified herein, had the intention of committing the offence of High Treason.
Sections 96-106 of the Penal Code recognize the "right of private defence" of person and property, including the right to use deadly force against certain felonies, including a night-time home invasion.
 
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