Keith Mack
Mexico has strict gun laws, with most types and calibers reserved for military and law enforcement. The acquisition and ownership of certain firearms and ammunition are still a constitutional right for Mexican citizens and foreign legal residents, provided that the requirements and conditions are met. In 1972, the government modified Article 10 of the Constitution, limiting gun ownership to small-caliber handguns and heavily restricting the right to carry outside the home. This modification also introduced a clause dictating that certain weapons were for the exclusive use of the military and law enforcement, considered weapons of war. As such, law enforcement officers in Mexico are permitted to carry firearms outside their homes, unlike most citizens.
| Characteristics | Values |
|---|---|
| Firearm regulation | Governed by legislation that sets the legality of acquisition, ownership, and possession |
| Gun possession | Restricted to the military, law enforcement, armed security protection, and citizens with a license to carry |
| Gun ownership | Limited to small-caliber handguns and restricted outside the home |
| Gun stores | Only two stores in the country, DCAM and OTCA |
| Purchase process | Requires months of paperwork for legal purchase |
| Gun exchange programs | Conducted by the government to encourage citizens to exchange firearms for incentives without legal repercussions |
| Constitutional right | The right to keep and bear arms is recognized, but with separate definitions for ownership and carrying |
| Police regulation | Citizens may carry firearms in accordance with police regulations |
| Legal purposes | Weapons must be possessed for recreation, defense, or work, with penalties for misuse |
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What You'll Learn
Law enforcement can carry guns in Mexico
Mexico has strict gun laws, with most types and calibres reserved for military and law enforcement use. However, it is not illegal for Mexican citizens and foreign legal residents to acquire and own certain firearms and ammunition. The right to keep and bear arms is a constitutional right under Article 10 of the Mexican Constitution of 1857.
In 1971, Article 10 was changed to limit the right to keep arms within the home only, and reserved the right to bear arms outside the home to those explicitly authorised by law, such as police, military, and armed security officers. This modification also introduced the categorisation of certain weapons as being for the exclusive use of the military.
The Federal Law of Firearms and Explosives, enacted in 1972, gave the federal government complete jurisdiction and control over the legal proliferation of firearms in the country, heavily limiting and restricting legal access to firearms by civilians. This law restricted gun ownership to small-calibre handguns and shut down gun stores, outlawed private sales, and closed public shooting facilities.
Despite these restrictions, Mexican citizens may keep guns and firearms in their homes for defence and security, provided they are registered with the national defence secretariat. Only citizens who have been granted a license to carry can lawfully carry a firearm outside their homes. These permits are issued to those who qualify, including those employed in private security firms, those who live in rural areas, or those who may be targets of crime, such as politicians, public officials, and wealthy citizens.
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Strict gun laws in Mexico
Mexico has strict gun laws that heavily restrict the types of firearms that civilians can own and carry. The Mexican Constitution recognises the right to keep and bear arms as a constitutional right, with certain requirements and conditions. The right to keep and bear arms was first recognised under Article 10 of the Mexican Constitution of 1857. However, this article was amended in 1971 to limit the right to keep arms within the home and restrict the right to carry arms outside the home to those explicitly authorised by law, such as police, military, and armed security officers.
The Federal Law of Firearms and Explosives, enacted in 1972, further restricted gun ownership to small-calibre handguns and prohibited the private sale of firearms. It also gave the federal government complete control over the legal proliferation of firearms in the country. Only two gun stores exist in the entire country, and it can take months of paperwork to legally purchase a firearm.
To legally own a firearm in Mexico, one must be a Mexican citizen or a foreign legal resident. The firearm must also be of a small calibre and registered with the army. Additionally, it is prohibited to carry firearms in public, and only those with a license to carry can lawfully do so outside their homes. These permits are typically issued to members of law enforcement, the military, private security firms, those who live in rural areas, or those who may be targets of crime, such as politicians and wealthy citizens.
Mexico's strict gun laws are in stark contrast to those of the United States, which generally allows its citizens to own and carry firearms. Hunters wishing to travel to Mexico with their rifles must obtain a special import permit and carry license from a Mexican Consulate before their trip.
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Gun ownership and the constitution
Mexico has some of the strictest gun laws in the world, heavily restricting private gun ownership. While the Mexican Constitution recognises the right of citizens to possess firearms for their security and legitimate defence, this right is significantly limited by implementing legislation.
The right to keep and bear arms was first recognised as a constitutional right under Article 10 of the Mexican Constitution of 1857. However, in 1971, Article 10 was changed to limit the right to keep arms within the home only. The following year, the Federal Law of Firearms and Explosives came into force, giving the federal government complete jurisdiction and control over the legal proliferation of firearms in the country, while heavily limiting and restricting legal access to firearms by civilians. This law outlines a licensing system administered by SEDENA (the Secretariat of National Defense), which strictly regulates the import, manufacture, sale, possession, and carrying of firearms.
In practice, only low-caliber handguns and shotguns intended for hunting or sporting purposes are permitted for civilian ownership. High-powered weapons and military-style firearms are strictly prohibited. Anything bigger than the calibres permitted for civilians is considered for the exclusive use of the military and law enforcement and forbidden for civilians. Only citizens with collector permits may possess firearms outside those permitted calibres.
Obtaining a gun permit in Mexico is a difficult process. There are only two stores in the entire country, and it takes months of paperwork to have a chance at purchasing a firearm legally. Gun permit applicants must post a bond, prove their need, and supply five character references.
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Police regulation and carrying guns
Mexico has strict gun laws, with most types and calibres reserved for military and law enforcement use. The right to keep and bear arms is a constitutional right, but this is heavily regulated.
The right to keep and bear arms was first recognised as a constitutional right under Article 10 of the Mexican Constitution of 1857. However, the Mexican Constitution of 1917 amended Article 10, separating the right to keep (own) arms and the right to bear (carry) arms. The new Article 10 specified that citizens were entitled to own arms but could only carry them in accordance with police regulation.
In 1971, Article 10 was modified again to limit the right to keep arms to within the home only, and reserved the right to bear arms outside the home to those explicitly authorised by law, such as police, military, and armed security officers. The following year, the Federal Law of Firearms and Explosives came into force, giving the federal government complete control over the legal proliferation of firearms in the country, while heavily restricting legal access to firearms by civilians. This law also limited gun ownership to small-calibre handguns and shut down most gun stores, public shooting facilities, and outlawed private sales of firearms.
To legally carry a firearm outside the home in Mexico, a citizen must be granted a license to carry. These permits are issued to those who qualify, such as those employed in private security, those who live in rural areas, or those who may be targets of crime (politicians, public officials, and wealthy citizens). The type of firearms permitted are also heavily regulated, with semi-automatic handguns of a calibre no greater than .380 being allowed, while certain other calibres are prohibited.
Mexican law enforcement can confiscate weapons at any time, and gun control laws can lead to people's detention, conviction, fines, and jail sentences. It is important to note that there is a common misconception that firearms are illegal in Mexico, but this belief originates from the general perception that only law enforcement, the armed forces, or armed security are authorised to possess them.
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Gun control and legal consequences
Mexico has strict gun laws, with most types and calibres reserved for military and law enforcement use. The acquisition and ownership of certain firearms and ammunition by citizens and foreign legal residents is still permitted, provided they fulfil the requirements and conditions outlined by law. These laws are governed by legislation that sets the legality of acquisition, ownership, possession and carrying of firearms for both law enforcement and private citizens.
The right to keep and bear arms was first recognised as a constitutional right under Article 10 of the Mexican Constitution of 1857. However, this was changed in the 1917 Constitution, which separated the right to keep arms (own them) and the right to bear arms (carry them). The new Article 10 specified that citizens were entitled to keep arms but could only carry them in accordance with police regulations.
In 1971, Article 10 was modified again to limit the right to keep arms within the home and reserved the right to bear arms outside the home to those explicitly authorised by law (police, military, armed security officers). The following year, the Federal Law of Firearms and Explosives came into force, giving the federal government complete control over the legal proliferation of firearms in the country, while heavily restricting legal access to firearms by civilians. This law also shut down gun stores, outlawed private sales, and closed public shooting facilities, ending a cultural attachment to firearms.
Mexican gun control laws carry significant legal consequences, including detention, conviction, fines, and jail sentences. Article 160 of the Federal Penal Code stipulates that citizens may possess weapons only for legal purposes, including recreation, defence, or work. Those carrying, importing, storing, or manufacturing guns for attack and organised crime face imprisonment of three months to three years, as well as fines equal to their annual income. Gun smuggling across borders is also a severe offence, carrying harsh penalties under Mexican and international law.
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Frequently asked questions
Yes, law enforcement officers are allowed to carry guns in Mexico. However, there are strict gun laws in the country, and most types and calibers are reserved for the military and law enforcement.
Mexico has restrictive laws regarding gun possession. There are only two stores in the country where citizens can legally purchase firearms, and it takes months of paperwork to get approval. The Federal Law of Firearms and Explosives heavily restricts legal access to firearms by civilians and only permits small-caliber handguns.
Foreign legal residents have the right to acquire and own certain firearms and ammunition, as long as they fulfill the requirements and conditions outlined in Mexican law.
