Legal Framework for the Promotion of Private Firearms Manufacturing and Distribution Industry

Abstract

The firearms industry holds significant economic and national-security importance for states worldwide. It contributes to employment generation, revenue creation, and technological development, while also playing a pivotal role in safeguarding national security and sustaining military capability. Recently, the Minister of Defence has acknowledged the importance of private-sector participation in defence affairs and advanced a policy to promote and develop an integrated national defence industry. The government has therefore encouraged and supported private enterprises to engage in arms production to alleviate the state’s production burden under the Private Arms Manufacturing Act B.E. 2550 (2007). Nevertheless, the defence industry continues to face obstacles that impede its full development. Existing statutes and regulations were drafted at a time when Thailand lacked a domestic defence industry; consequently, they are outdated and misaligned with current circumstances, thereby constraining effective industry management. Problems also persist regarding the promotion and provision of incentives to private actors: although some benefits are legislatively available, particular regulatory provisions prevent the defence industry from accessing those incentives in practice.

Accordingly, this article investigates the legal measures necessary to promote private-sector participation in the manufacture and marketing of firearms. The study employs doctrinal analysis of academic literature, relevant statutes, and administrative regulations, and conducts comparative examination of foreign legal frameworks. Based on these analyses, the article proposes recommendations for revising Thailand’s legal regime so as to foster a viable, well-regulated private firearms industry that is compatible with national policy objectives and the Thai socio-legal context.