By Alex Locke, Staff Writer
Most are familiar with the Second Amendment to the United States Constitution, which enshrines the right to keep and bear arms. Some may be surprised, however, to learn that the Constitution of Mexico similarly guarantees a right to the private possession of firearms, making it one of only a few countries in the world in which firearm possession has a constitutional basis in law:
Article 10. The inhabitants of the United Mexican States are entitled to have arms of any kind in their possession for their protection and legitimate defense, except such as are expressly forbidden by law, or which the nation may reserve for the exclusive use of the army, navy, or national guard; but they may not carry arms within inhabited places without complying with police regulations.[1]
Comparatively, a reasonable interpretation of Article 10 leaves Mexicans who wish to possess firearms fighting a steeper battle than their American counterparts. As an example, imagine a man named Juan Hernandez, a taxi driver who lives in Monterrey, a booming metropolis in the northeast of the country. Hernandez and his wife struggle but do their best to provide for their two young children. They have dreams of moving to a safer neighborhood after a few more years of saving money.
After an evening visiting family on the other side of the city, Juan and his family return to find their house ransacked. The television, his wife’s jewelry, some of their savings, have all been stolen. Painful as it is, Juan realizes that it could very well have happened while they were at home. So, he decides to arm himself to protect his family and property. Right away, he finds out it will be quite a while until a shotgun would live in his closet.
Nestled among the crowded valleys that slope down into Mexico City is the Directorate of Commercialization of Arms and Munitions (DCAM).[2] This unadvertised weapons cache managed by the military is the sole location in the entire country at which Mexicans can purchase firearms.[2] A potential buyer living in Monterrey would have to travel several hours and hundreds of miles to personally pick up his gun.
The application one sends to DCAM involves providing proper photo identification, one’s birth certificate, social security number, proof of participation in Mexico’s mandatory military conscription, proof of address, proof of employment — as well as a certification from one’s state attorney general stating that the buyer does not have a criminal record.[3] After the application is approved, the buyer is left with a long ride to Mexico City, after which he or she will need a special temporary permit to transport their new firearm back to Monterrey.[4]
After all of that, Hernandez has put in quite a few hours of work, and he will still not have the right to defend his family and property outside of his home. He may, however, have reason to hope. Earlier this year, Sen. Jorge Luis Preciado of the center-right National Action Party (PAN) proposed legislation that would allow Mexican citizens a broader right to carry arms in their automobiles and places of business.[5]
Even if this proposal does not come to fruition, it has nevertheless called the current legislation into question on a national level. Now having entered public discourse, will Mexicans decide that it is time for a change regarding gun control policy, or is it a subject better left alone?
Sources
[1] http://www.oas.org/juridico/mla/en/mex/en_mex-int-text-const.pdf
[2] https://www.yahoo.com/news/mexicos-lone-gun-store-even-040423792.html
[3] http://www.gob.mx/sedena/acciones-y-programas/sedena-02-040
[4] https://archivos.juridicas.unam.mx/www/bjv/libros/7/3097/8.pdf
[5] http://www.elfinanciero.com.mx/nacional/senador-del-pan-propone-la-portacion-de-armas-para-legitima-defensa.html
