"IN DEPTH" EXTENSIONS TO THE QUICK STATS ON MEXICAN LAW AND CUSTOM

PREAMBLE: What constitutes a "weapon" under Mexican law.

Before you get any further please read this message sent to the CHAMUCO page by Sire CHAE regarding the issue of weapons in Mexico:

I find it curious that you have not spent a little more time on this subject defining exactly what constitutes a weapon under Mexican law! Every time I have been to a border town the cops have come around to check out everyone in the bars. I mean all the guys. If I was sitting with a girl, which was usually the case, she would ask me to give her anything I might have in my pockets, for example a pocket knife. I used to carry a small pocket knife and or a nail clipper with a small fold out nail file about 1 inch long. I no longer do that. I guess the point I should stress is that you can get in trouble for carrying anything that could be construed to be a weapon, even a small nail file! It was a long time before I fully understood this and it is a point I think you should elaborate on for the benifit your guests!

CHAE is making a very good point. Under Mexican law any object used for the purpose of--or having the capability for--physically harming another person can be considered to be a weapon. If it is not a fire arm then it is considered an "arma blanca" or "white weapon," but the case is the same: it can get you in trouble with the law.

In the case of knives--or any other sharp objects--the condition of an object as a "weapon" is, in the eyes of the Mexican law, even more obvious. A knife, blade, or whatever, under Mexican law is a weapon regardless of where you have it or for which purpose.

Now, while it may seem exaggerated to bust somebody for having a nail clipper with a small blade inside--or nail file--(lots of people in Mexico have them), it makes sense if you consider that the Mexican authorities get extra tough--and take NO CHANCES--when it comes to the red light district. The reason? It's EASIER to start trouble in a bar. So if they get extra tougher is only to keep the red light district activity relatively quiet.

This means that if you are planning to go to the Mexican red light districts you shouldn't even think about taking anything that even resembles a weapon in order to avoid trouble with the police (because they WILL get you in trouble if you give them a reason.)

You may be thinking: "Well, glass bottles could also be turned into weapons, and nobody gets busted." Well, that's because a bottle is NOT designed for piercing flesh. A knife--or anything with a sharp tip--IS.

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ON THE USE OF WEAPONS IN MEXICO:

Some idiot posted several messages to alt.sex.prostitution.tijuana a while ago saying that people should carry mace, pepperspray, and even handguns to Mexico because, according to him, Tijuana was "very dangerous" and you needed protection.

Only problem was he was a kid from San Francisco who had NEVER been to Mexico, and who knew nothing about Mexican law and custom.

Here, gentlemen, is the truth about the use of weapons in Mexico:

First of all using a weapon in Mexico without a permit is a federal offense punishable with up to 2 years in prison depending on the seriousness of the injuries caused by it (if non-lethal). Add up to 3 more years just for CARRYING it with you, and 30 more if you introduce it into Mexico without a permit from the Mexican Defense Secretary. And no, no bribe can save you from this one. Specially if you consider that now that Mexico is having so many problems with armed uprisings in the southern states.

How do I know this? Because the Mexican Legislative has a website --located at http://info.cddhcu.gob.mx/leyinfo/ and mirrored at http://www1.cddhcu.gob.mx/leyinfo/. The website contains the complete text (in Spanish) of all current Mexican documents regarding current Mexican law. Among these laws you can find the following:

Mexican Federal Penal Code:
Title 4, chaper 3, article 160
Located at: http://www1.cddhcu.gob.mx/leyinfo/153/170.HTM

In short this article says that it's punishable with up to 3 years of prison just for carrying an unregistered weapon (MACE included). It is also mentioned in

Mexican Federal Penal Code for Arms and Explosives
Title 4, chaper 1, article 81
http://www1.cddhcu.gob.mx/leyinfo/102/82.HTM

Now, that's just for HAVING them. For SMUGGLING them into Mexico WITHOUT a permit from the Mexican Secretary of Defense the punishment is up to 30 years in the slammer. Here's the penal code:

Mexican Federal Penal Code for Arms and Explosives
Title 4, chaper unico, article 84
http://www1.cddhcu.gob.mx/leyinfo/102/86.HTM

The punishment for USING them? 8 months to 2 years depending on the injuries inflicted by the weapon. If they cause damage with a healing time of less than 15 days the punishment is up to 8 months in the slammer (which, I assure you, it will be NO PICNIC). And if the injuries heal in a time above 15 days then the jail time goes to up to 2 years. The penal code is right here:

Mexican Federal Penal Code
title 19, chapter 1, article 289
http://www1.cddhcu.gob.mx/leyinfo/153/313.HTM

So that's up to 30 years for smuggling them, 3 for having them without a permit, and up to 2 more years depending on the injuries. A grand total of 35 years.

For homicide, of course, the punishment is 50 years in the slammer plus whatever you get for use of weapons--In Mexico the death penalty is illegal, and so are life sentences.

And just in case you're wondering, there are X-ray detectors at the Tijuana port of entry.

In case you are wondering how to "defend yourself" in Tijuana let me tell you this: You don't need to "defend yourself" if you don't look for trouble. Tijuana is just a regular metropolitan area, like San Diego or Los Angeles. There is no more crime than in either of those cities (and perhaps even less). Granted; when looking for commercial sex you must step inside the red light district, but think about this: There are safety rules for you to follow when going into the Tijuana red light district. If you follow them you have nothing to fear. These rules are located in Sir Brockton O'Toole's WORLD FAMOUS TIJUANA FAQ.

The real issue is not how to defend yourself, but how to avoid getting in trouble in the first place. This can be done simply by following the rules, being polite, and minding your own business. That's all there is to it.

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