Citation(s) from the GunPolicy.org literature library

Alleman, Mark. 2000 ‘Japan - Standards for Permission.’ Firearm and Sword Possession Control Law (Translation); Vol. 9(1) (Art. 5), pp. 201-205. Seattle WA: Pacific Rim Law & Policy Journal Association. 1 February

Relevant contents

The Prefectural Public Safety Commission shall not grant permission to a person seeking permission under Article 4 who meets any one of the following conditions or who makes a false entry regarding an item of importance or omits the entry of an important fact in the application for permission or any documents appended thereto:

(1) a person not yet eighteen years of age (fourteen years of age when said person seeks to obtain permission to possess an air gun, and, in accordance with Cabinet Order, is recommended by a person prescribed by Cabinet Order);

(2) a mentally ill person, a person dependent upon alcohol, narcotics, marijuana, opium, or stimulants, or a person of diminished capacity;

(3) a person with no fixed residence;

(4) a person whose permission was revoked under Article 11, where five years has not elapsed as measured from the date of revocation (excluding those persons whose permission was revoked under paragraph 1, clause 3, paragraph 2, or paragraph 5 of the same Article);

(4-2) a person who, from the day that the date and time of a hearing related to punishment by cancellation of permission under Article 11(1)(1), 11(1)(2)(3), or 11(1)(2)(4) becomes public, until the day punishment is handed down or the day it is decided not to punish, conveys or otherwise willfully ceases to possess the firearm or sword related to said punishment (excepting persons having a reasonable basis for ceasing to possess the firearm or sword), and where five years have not elapsed as measured from the day on which possession ceased;

(5) a person who violates Article 3(1), Article 3-2(1), or Article 3-3(1), or any of Articles 3-4 through Article 3-13 or who commits a crime under Article 31-12, Article 31-13, Article 31-15, Article 31-17, Article 31-18(1), or Article 32(1) and who receives a sentence more severe than a fine, and for whom five years has not elapsed as measured from the day the sentence ended or from the day the person stopped receiving punishment under the sentence;

(5-2) a person who has acted in violation of paragraph 2, clause 2 of the following Article and who has received a sentence more severe than a fine, and where five years has not elapsed as measured from the day the sentence ended or from the day the person stopped receiving punishment under the sentence (except persons falling under the preceding clause);

(5-3) a person for whom it is recognized that there is sufficient reasonable basis to fear the person will engage in organized or habitual violent illegal activities or other illegal criminal activities proscribed by National Public Safety Commission regulation;

(6) a person for whom it is recognized that there is sufficient reasonable basis to fear might harm the life or property of others, or the public safety (except persons falling under the preceding paragraph).

2. The Prefectural Public Safety Commission shall not grant permission for disguised firearms or swords, nor for firearms that have a structure or function that does not conform to standards prescribed by Cabinet Order.

3. Where a person seeking to receive permission under Article 4 has a relative living in the same household as prescribed by paragraph 1, clause 5-3 or 6, (with regards to spouses, this includes persons who have not filed a notification of marriage, but who in fact are in circumstances similar to the marriage relationship; hereinafter the same in this paragraph and Article 8(7)), the Prefectural Public Safety Commission can elect not to grant permission when it is recognized that said relative living in the same household might use the firearms or swords that are the subject of the permit application to harm the life or property of others, or the public safety.

4. The Prefectural Public Safety Commission can elect not to grant permission where a person seeking permission under Article 4 violates Article 10-4 or Article 21-2(2) and receives a sentence more severe than a fine, and where five years have not elapsed from the day the sentence ended or from the day the person stopped receiving punishment under the sentence.

ID: Q14354

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