Ley de Autodefensa en México
Mexico’s legal framework for self-defense is based around the nation’s constitution and penal code. Specifically, Articles 9 and 11 of the Constitution of the United Mexican States guarantee the rights of self-defense among citizens and residents of Mexico.
These laws set forth a series of limitations about how and when a person can protect him or herself, their loved ones, or their property from an invasion or an attack.
Penal Code Article 15 states that an "attack" on the body, health, family, honor, freedom, financial stability, or social position of a person are all considered "offenses" that may be countered with legal self-defense.
Legal self-defense in Mexico is also bound by Article 148 of the nation’s penal code , which states that "the defense is legal as long as the attack is not criminal, otherwise [the individual] will respond to the aggressor." In other words, this defense does not apply if the attacker is responding to aggression or threat of aggression. An "attack on order" is not sufficient provocation to warrant legal self-defense under Mexican law.
While this legal framework provides an overview of legal self-defense in Mexico, there is still enough gray area in the law on both a national and local level that it can come into question when determining whether actions taken by a person under threat were legal or not. Therefore, it is recommended that a person in this situation enlist the help of a qualified attorney to help them navigate these laws effectively.
Armas de Autodefensa Legal
A variety of self-defense weapons are legal in Mexico. Residents and tourists can legally carry the following:
♦ Pepper spray: Pepper spray can be carried as a self-defense weapon against aggressive individuals, animals, or insects. Its effectiveness and safety has increased significantly since it was first introduced. Today’s pepper sprays offer better spray patterns and more substantial range. Accusations of police misconduct in the past have also led to improvements, including many new sprays being equipped with glow-in-the-dark canisters, making possible the identification of all spray victims. Most police carry pepper spray, and when purchased in Mexico, no special permission is required.
♦ Personal alarms: Personal alarms come as a key chain, pendant, wristwatch alarm, or a personal safety alarm canister. The alarms are available as flashlights or with a built-in strobe, and are remotely activated, or activated by a pull pin. A loud 130 decibel emergency noise alerts others when your security is threatened. The alarm can be mounted to a vehicle or your belt or worn as an accessory. Some alarms, including vehicle alarms, can be armed to work with a key fob. Vehicle alarms trigger an emergency sound or shatter effect on the alarm system when the sensor detects impact. A vehicle alarm is loud enough to alert you to trouble and scare off thieves.
♦ Lights and strobe lights: An LED flashlight offers many advantages, especially in changing batteries. Small LED flashlights are very energy efficient and battery life can be measured in thousands of hours. In addition, many models offer adjustable brightness levels and flashing strobe functions. Factors to consider when choosing a flashlight include weight, size, brightness, battery type, brightness adjustment settings, and price. Rechargeable flashlights can be turned on simply by inserting the flashlight into the charger and plugging it into a power source. A light can be positioned in a fixed position or be given the ability to rotate 360 degrees. Bright LEDs emit little heat compared to incandescent lights and can be either of the incandescent type or the newer Cree light.
♦ Non-lethal weapons (NLWs) that deliver a directed energy beam and a repulsive force: Officials noted that Kittiwake Space Systems developed and patented a very light (1.6 kg), small, simple, and easy-to-use umbrella-type non-lethal gun. The model SU 85B includes a directional antenna and fires a non-guided projectile made with a netting of conductive polyester threads, such as combat nets used by the military. This net can be shot up to a distance of 120 meters. It is an alternative self-defense weapon to discourage attacks. Electrical energy acts to immobilize the aggressor for 5-10 seconds. A shock and a soft pain can be experienced by the aggressor.
For tourists, a simple folding umbrella provides a few self-defense options.
A folding umbrella can be opened with the other end in a closed-fist position and quickly extended to protect against head and body blows. The other end can also be used to strike an aggressor. Flapping the fabric can also help deter mosquitoes in hot weather.
Licencias y Permisos para Armas de Autodefensa
In Mexico, gun ownership remains limited to members of the military, police, hunters, shooting sports enthusiasts, and certain collectors. For those allowed to own firearms, licensing is a strict requirement. To obtain gun licensing, individuals must submit an application with proper documentation that includes proof of residency, age, mental health and physical fitness. The government will then conduct a limited background check on the applicant and an examination of their home residence. Handgun permits under the law are valid for three years, while shotgun permits last for five years. Renewals for these permits, however, typically require individuals to reclassify their mental state and physical well-being, but does not reexamine their home for new security features. To own a container with a capacity of 9 mm or less, individuals must pay MX$25 pesos, and another MX$77 for each handgun. Once paid, they must take the receipt to the Secretariat of National Defense (Secretaría de Defensa Nacional or SEDENA), along with their application and necessary supporting documentation, after which a form will be issued that individuals are required to maintain until their license expires. Particular firearm models are prohibited in Mexico, including the AR-15 and various other semi-automatic rifles, pistols and revolvers.
Restricciones y Armas Prohibidas
The Mexican constitution permits such weapons as gas sprays, pepper sprays and other similar items for self-defense, with a few exceptions. However, there are several weapons and items that are flat-out prohibited for civilian use in Mexico. Any weapon or item that falls within this category is therefore prohibited for self-defense purposes in Mexico. The first type of prohibited items are any kind of gas sprays or pepper sprays with powerful chemical components (including tear gas). Owning a legal gas spray in Mexico is permitted as long as you follow legal guidelines. They should not contain harmful chemicals such as tear gas or any non-contained gas that can affect anyone other than the specific target. You must also take care to prevent any harm to third parties or to cause damage to their property. There are severe legal consequences for the use of any chemical items of this sort, and if considered severe enough, it could result in a charge of attempted murder or homicide. It is also illegal to possess weapons in the following categories: .38-caliber or higher guns; small automatic weapons with a caliber of .22 or lower; automatic shotguns of any caliber; military weapons; deadly weapons of any type; stun guns with a high voltage of 120 volts or above (anything less is permitted); or a whip, sword or knife with a broad blade that extends directly from the handle (if it comes out at an angle from the handle, it is legal). All of these weapons are severely restricted through the Mexican Constitution and Federal Law of Firearms and Explosives (Ley Federal de Armas de Fuego y Explosivos). The law provides a list of approved or restricted weapons, the types of manufacturers that can produce and sell them, and where and how to purchase them. Any weapons or even grenades with a chemically active agent (even without a detonator) are illegal. If the weapon could be used to hurt somebody, shoot firearms or explode, it is likely illegal. Any possession of prohibited weapons or items for self-defense has severe penalties in Mexico. An obvious illegal act is to possess a weapon designed to kill other human beings — such as guns, grenades, knives, swords and bombs — so it is obvious there will be criminal actions charged for anyone below 18 years who possesses a gun, such as a .22 specific caliber to hurt innocent human beings. What is not so obvious to many people is that Mexican law considers gas, pepper or other sprays of similar nature as carrying a gun, and anyone caught using one of these on someone else will face a similar charge to that of a person who attempted to kill the same person with a gun. These weapons are used as guns, therefore, those who use them will be treated as if they used a gun.
Consejos Prácticos de Autodefensa
The responsible and legal use of self-defense weapons in Mexico should first and foremost concentrate on prevention and avoidance as a first line of defense. Knowing the laws, such as they are in Mexico, should come second. After that, training and responsibility should be utilized to minimize and eliminate risk with the use of defensive tools. In addition, carrying only those self-defense weapons that are legal, and minimizing risk of confrontation is always a good practice. Here are some rules and best practices when it comes to using defensive tools: When people think of this tool they often think of a rubber-band pistol. However , while these are legal, they have little value as a self-defense weapon in Mexico. What we are really looking at here is a simple device that can be used to defend oneself should a confrontation escalate beyond the ability to utilize avoidance and de-escalation. Moreover, a tool like this may be used to help secure a personal or commercial property after hours. As with many of the defensive tools in this guide, these devices are not meant to put one in conflict with others…they are meant to be a last resort self-defense tool.
Consecuencias Legales del Uso de Armas de Autodefensa
The potential legal consequences when using a self-defense weapon in a real-life scenario must be considered as there are serious criminal ramifications for both the self-defense weapon user and the criminal. Lawfully, the justification of self-defense stands. The vital component of self-defense is that the person asserting self-defense must show that he/she was threatened with bodily harm or had a reasonable belief that a force may be used against him/her. Essentially, this breaks down to whether the self-defense weapon user had a bona fide reasonable belief that force was going to be used against them and they had no other avenue to escape the threat of harm. Assuming there was a reasonable belief that some form of injury was about to be inflicted upon the self-defense weapon user, it must then be shown that the self-defense weapon was used in a proportionate and suitable manner; if an aggrieved person retaliates and causes even more harm with their reaction, then a presumption of legitimacy is rejected. It is thus considered overreaction and inequitable proportion and force was used; this situation has been described as the Castle Defense. If force is reasonable and the Castle Defense is not applicable to the circumstances in question, the response may be viewed as the use of excessive force which renders the act of self-defense an unlawful actions. At that point, one would be facing criminal retribution and possible jail time. So, upon using a self-defense weapon in Mexico, it is prudent to conduct oneself in accordance with the aforementioned points.
Fuentes para el Entrenamiento de Autodefensa
It is highly recommended that anyone interested in undergoing training, attend a formal course on the use of self-defense weapons. Such courses can be found in various forms such as internet, video, classroom, or one-on-one instruction. Courses can be confused with seminars, short classes or workshops and should be clearly differentiated prior to participation . Training should include instruction on the legal ramifications of the use of weapons, the effects such weapons can have on the intended target as well as their actual use for protection. In addition, training should cover the physiological effects experienced by the defender before, during and after an encounter. Psychological aspects of how such situations can be dealt with should also be covered as part of a well-rounded program.