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| '''Utmost necessity''' may be invoked where an interest protected by the Criminal Code (such as right to property or right to life) is endangered. An example of necessity would be a defense against a raging dog (unless the dog was directly sent by the owner, which would be case of necessary defense). The necessity may be invoked only in case of imminent danger and only if there is no other way of avoiding it (''subsidiarity''), such as locking oneself behind a fence or calling the police. Also, the consequence of the necessity must be less serious than the consequence of the endangering act (''proportionality'').<ref name="nov"/> | '''Utmost necessity''' may be invoked where an interest protected by the Criminal Code (such as right to property or right to life) is endangered. An example of necessity would be a defense against a raging dog (unless the dog was directly sent by the owner, which would be case of necessary defense). The necessity may be invoked only in case of imminent danger and only if there is no other way of avoiding it (''subsidiarity''), such as locking oneself behind a fence or calling the police. Also, the consequence of the necessity must be less serious than the consequence of the endangering act (''proportionality'').<ref name="nov"/> | ||
| Necessity is excluded in cases |
Necessity is excluded in cases where:<ref name="nov"/> | ||
| *the consequence of necessity is equal to or greater than that of endangerment | *the consequence of necessity is equal to or greater than that of endangerment | ||
| *the necessity continues after the endangerment has ceased | *the necessity continues after the endangerment has ceased | ||
| *the endangerment could have been deflected in other |
*the endangerment could have been deflected in other ways, i.e. with less serious consequences | ||
| *there is a duty to withstand the endangerment (a special situation which does not cover civilians) | *there is a duty to withstand the endangerment (a special situation which does not cover civilians) | ||
| ===Necessary self defense=== | ===Necessary self defense=== | ||
| The basis of '''necessary self defense''' is deflection of an ''imminent'' or ''ongoing'' attack against an interest covered by the Criminal Code (such as right to property or right to life) by performing an action which would |
The basis of '''necessary self defense''' is deflection of an ''imminent'' or ''ongoing'' attack against an interest covered by the Criminal Code (such as right to property or right to life) by performing an action which would otherwise be punishable (such as use of a firearm against the other person). The imminent part means that a party is evidently and immediately threatened, it is not necessary to wait for the attacker to start the attack, especially if he is known for his aggressiveness. (That, however, is not the case if the attack is being prepared, but not imminent). The necessary self defense may also be enacted when defending someone else's interest (i.e. defending their person or their property) as long as the same requirements are met. However, defending against a provoked attack is not considered "necessary self defense".<ref name="nov"/> | ||
| Unlike in case of necessity, there is no requirement of subsidiarity. The main limitation is that the defense may not be manifestly disproportionate to the ''manner of the attack''. The manner of the attack should not be confused with intensity, which is a part of it. The intensity comprises, for example, whether the attack is committed by a single attacker or a group, with a gun or without, the proportion of strengths between the attacker and defender, etc. The manner includes also other imminent danger, such as if an initially single attacker might be joined by others.<ref name="nov"/> | Unlike in case of necessity, there is no requirement of subsidiarity. The main limitation is that the defense may not be manifestly disproportionate to the ''manner of the attack''. The manner of the attack should not be confused with intensity, which is a part of it. The intensity comprises, for example, whether the attack is committed by a single attacker or a group, with a gun or without, the proportion of strengths between the attacker and defender, etc. The manner includes also other imminent danger, such as if an initially single attacker might be joined by others.<ref name="nov"/> | ||
Revision as of 10:07, 5 August 2011
Template:Gun politics by country
Gun politics in the Czech Republic incorporates the political and regulatory aspects of firearms usage in the country. Policy in the Czech Republic is in many respects less restrictive than elsewhere in Europe (see Gun politics in the European Union). The most recent Gun Act was passed in 2001, replacing the previous law and tightening the legislation slightly. Firearms in the Czech Republic are available to anybody without a criminal record and aged above 18 (or 21 for certain license categories). Self-defense is an acceptable justification to obtain a firearms license. The Czech gun laws also permits a citizen to carry a concealed weapon without having to specify a reason.
History
The Czech Crown lands witnessed one of the earliest massive use of the firearms during the Hussite wars in the early 1420s and 1430s. The use of firearms, together with Wagon fort, was one of the key features of Hussite war strategy, which defeated five crusades launched against the Protestant revolt. One of the guns used by the Hussites, Template:Lang-cz, later found its way through German and French to English as term pistol. Another gun used by the Hussites, Template:Lang-cz, gave origin to English term howitzer.
After establishment of Czechoslovakia in 1918 the country took over the preceding Austrian gun law from 1852. The law was very liberal, allowing to own and carry guns without any formalities, only with restriction regarding their number. This was restricted during the German occupation of Czechoslovakia: Nazis forbid private gun ownership (except for hunting) and imposed very harsh punishments. The liberal situation was returned following the defeat of Germany in May 1945.
Situation changed again after the communist coup d'état of 1948. Although the law allowed for some restricted gun ownership, in reality the authorities were instructed, which groups of people could be allowed to own a gun. In 1962 a secret directive was adopted, which was listing the nomenclature of persons deemed loyal enough to be allowed to own a gun. Enactment of 1983 was more liberal, but gun ownership still remained rather restricted. Access to sport guns was easier (sport shooting was encouraged and supported by the state via Svazarm) and the rules for hunting shotgun ownership were relatively permissive.
The new enactment of 1995, after the Velvet Revolution, meant return to liberal times of the First Czechoslovak Republic. Accession to EU required new enactment, which was passed in 2002. The law remained very liberal despite introducing more regulation.
Current law
Categories of guns
Under the current gun law, guns, ammunition and some accessories are divided into four categories:
A - Restricted firearms and accessories
- Includes full automatic firearms, military firearms, military ammunition, some types of ammunition such as hollow point and other expanding bullets, tasers, suppressors and gun mounted laser pointers.
B - Guns requiring permit
- Includes semi automatic handguns, single shot and semi automatic center fire rifles and semi automatic military style rifles.
C - Guns requiring registration
- Includes single shot or bolt action, rimfire rifles and small caliber rifles.
D - Guns available to adults above 18
- Includes air guns (muzzle energy up to 16J), mechanical guns, replicas, expansion guns and .22 CB cap.
A person must obtain the Gun License (Zbrojní průkaz) to be allowed to own gun of categories A and B. To own a gun in the C or D category the age of 18 is required. C category weapon has to be registered with the police after it is bought.
Categories of licences
There are six categories of gun license; however, these should not be mistaken with the categories for guns.
- A - For collecting guns
- B - For sport shooting
- C - For hunting
- D - For person's occupation
- E - For the purpose of self-defense
- F - For the purpose of pyrotechnical survey
Obtaining a license
Person applies for the gun license at the police. If the conditions of age, qualification, health clearance, criminal integrity and personal reliability are met and a fee of 500 CZK per category is paid, the license is issued in 30 days. The license must be renewed every five years.
- Age
To obtain a license B, or C, the applicant must be at least 18 years old. Under special circumstances, the applicant need to be only 15 if a member of a sporting club or 16 if taught hunting in schools with such curriculum. To obtain license A, D or E, the applicant must be 21.
- Qualification
Obtaining the license requires passing written and oral exam, mainly concentrated on the legislation about guns and first aid, as well as passing the shooting test. The written exam requires specific scores different for each category of license. Generally A, B, C is the easiest, and the E is the hardest, requiring almost a 100% score.
The oral exam is supposed to test the person's general knowledge about guns. So called "safe handling" of the firearms has to be demonstrated to the inspector. This usually comprises safely unloading the firearm and performing a field strip. Applicants for more license groups are usually asked to show their ability of safe manipulation on multiple firearms (such as pistol and shotgun).
The shooting test requires specific scores dependent on the category of license applied for.
- For the B category license it is 25m on rifle target (A4 sheet sized) with 4 out of 5 rounds hitting the target sheet shooting from a rifle. Usually .22 Long Rifle chambered rifle is used.
- For the E category license, the applicant must successfully hit the international pistol target (50 cm x 50 cm) from a distance of 10m (15m for D category license) shooting from a pistol, 4 out 5 rounds must hit the sheet. Also the applicant must successfully hit the rifle target from the distance of 25m shooting from a shotgun, 2 out of 3 rounds must hit the target.
In each of the cases above, the actual score is irrelevant, only the projectiles have to hit the target sheet.
In each of the cases the applicant is allowed 3 test shots to familiarize with the particular firearm used for the test. The shotgun is an exception to this, where only one round is allowed as a test shot.
The person can obtain more or all of the categories at once if their scores are high enough for each category. Typically, people obtain E and B category because these two categories provides the best versatility (almost any firearm can be owned and carried concealed). The D category is required by the law for the members of the metropolitan police (the state police does not need license) and does not itself permit private gun ownership.
- Health clearance
It is also necessary to present the approval from the applicant's general practitioner that they are physically and mentally fit to own and carry gun. It is fully up to the person's doctor whether he insists on them to go through psychological testing. In reality, the psychological test is rarely requested.
- Integrity (criminal)
The enactment specifies, how long time must run by after a person is released from prison for serving time for particular groups of crimes. There is a central registry for these purposes in the Czech Republic.
- Personal reliability
A person, who excessively drinks alcohol or uses illegal drugs, as well who was repeatedly found guilty of one of specified misdemeanors in the preceding three years, is considered unreliable for the purposes of issuing a gun licence. The police has the right to inquire information regarding these issues also from municipal authorities.
Obtaining a license by a foreigner
Foreigners that hold legal permanent residency may purchase firearms after obtaining corresponding licenses and permits. Foreign born residents are treated equally in the eye of Czech law (see above), but proof of a lack of criminal record in their country of origin must be provided, as well as documentation showing that they were allowed to own firearms before moving to the Czech Republic (this at least applies to the EU citizens, US citizens are not being questioned about this). All the documents must be translated into Czech language by an official translator. The law on firearm ownership by immigrants is ambiguous, so every police department has slightly different rules.
The written test as well as the practical exam has to be passed in Czech language, but a legal interpreter/translator is allowed.
Obtaining guns
Each of the A, B, C and E categories of gun license basically allow the person to buy any category of gun. In case of A license the person is usually only permitted to keep them at home. In case of B the person is allowed to use their guns at the shooting ranges. The C category is required by other laws for hunting. The E category allows the person to own a gun for self-defense purpose and carry the concealed weapon. All guns need to be registered in 10 days after buying at the shop except for the D category.
To obtain the gun from the A category the person must ask for the Exemption from the police and demonstrate a specific reason why they want such weapon. Typically for collecting purpose or rarely working in extremely dangerous occupation like transporting large sums of money where full autos can be allowed for owning or even carrying. However, the attitude to issuing permit for A category of guns is quite strict and it is usually impossible for a person to obtain it without having an obvious reason.
The B category of guns requires permit from the police. Before buying the gun the person must visit the police and fill in the "Permit to buy, own and carry" form for the particular weapon (depending on the police department, usually caliber and type of weapon is required). The police will issue the permit in several days if the applicant has valid gun license and still has no criminal record since issuing the gun license. It is also required to have a good reason, but competition shooting, hunting, collecting and even self-defense are accepted.
The C category of guns can be bought in a gun shop after presenting the gun license. However, the gun needs to be registered later at the police.
There is no limit in the law on number of owned guns. The law specifies safe storage requirements for those owning more than two weapons.
Shooting ranges
Firearm owners are allowed to practice only at licensed shooting ranges. As of 2011, there are almost two hundreds places opened for the public. Any adult can visit such a range and shoot from available weapons, without restrictions or permits.
Carrying a concealed weapon
Unlike most European countries where permits to carry a concealed weapon is only issued to individuals who demonstrate a specific reason, in the Czech Republic it is a common part of the citizen's right to own guns and every holder of the category E license is allowed to carry a concealed weapon after the formal approval is given (no justification is needed). According to the law, the guns cannot be carried into the courts, or at demonstrations and mass meetings. It is also generally considered irresponsible to take guns to clubs or bars even though it is not explicitly prohibited by law. Carrying a gun while drunk is however illegal and can lead to heavy fines or losing the gun license.
Carrying guns in schools and campuses is not prohibited by law and there are no so called "Gun-free zones".
Gun must be carried in a concealed manner and no more than two firearms for self-defense can be carried by one person. For special purposes, open carry can be allowed by the police. Carrying concealed weapon is not the subject of controversy in the Czech Republic probably because in reality it does not cause any trouble.
Since the Czech Republic is relatively a safe country, most people agree that they do not feel the need to permanently carry a gun for protection. Considering the number of the E category licenses there are about 200 000 people who could potentially carry a firearm however it is not clear how many of them regularly do so.
Ammunition
All of the high penetrating (armor piercing) and hollow point ammunition is classified as category A (see above). The alternative to a hollow point ammunition was Federal EFMJ, which has been classified into the arms group A in mid 2009, effectively outlawing it. Therefore only Full metal jacket or soft nosed semi jacketed rounds and or just unjacketed bullets (lead only) are allowed. Generally, no ammunition with higher wounding potential is allowed.
Self defense with firearms
There are no specific legal provisions covering self defense by a civilian using a firearm. The general provision regarding criminal aspects of self defense are contained in § 29 (Necessary self defense) of the Criminal Code. General provisions regarding civil liability in respect of self defense are contained in § 418 of the Civil Code.
In general, Czech penal theory recognizes certain classes of circumstances where criminal liability will be excluded in respect of actions which would normally attract a criminal penalty. These include "utmost necessity", "necessary self defense" and other cases involving "eligible use of a gun".
Utmost Necessity
Utmost necessity may be invoked where an interest protected by the Criminal Code (such as right to property or right to life) is endangered. An example of necessity would be a defense against a raging dog (unless the dog was directly sent by the owner, which would be case of necessary defense). The necessity may be invoked only in case of imminent danger and only if there is no other way of avoiding it (subsidiarity), such as locking oneself behind a fence or calling the police. Also, the consequence of the necessity must be less serious than the consequence of the endangering act (proportionality).
Necessity is excluded in cases where:
- the consequence of necessity is equal to or greater than that of endangerment
- the necessity continues after the endangerment has ceased
- the endangerment could have been deflected in other ways, i.e. with less serious consequences
- there is a duty to withstand the endangerment (a special situation which does not cover civilians)
Necessary self defense
The basis of necessary self defense is deflection of an imminent or ongoing attack against an interest covered by the Criminal Code (such as right to property or right to life) by performing an action which would otherwise be punishable (such as use of a firearm against the other person). The imminent part means that a party is evidently and immediately threatened, it is not necessary to wait for the attacker to start the attack, especially if he is known for his aggressiveness. (That, however, is not the case if the attack is being prepared, but not imminent). The necessary self defense may also be enacted when defending someone else's interest (i.e. defending their person or their property) as long as the same requirements are met. However, defending against a provoked attack is not considered "necessary self defense".
Unlike in case of necessity, there is no requirement of subsidiarity. The main limitation is that the defense may not be manifestly disproportionate to the manner of the attack. The manner of the attack should not be confused with intensity, which is a part of it. The intensity comprises, for example, whether the attack is committed by a single attacker or a group, with a gun or without, the proportion of strengths between the attacker and defender, etc. The manner includes also other imminent danger, such as if an initially single attacker might be joined by others.
As regards proportionality, the law states that a self defense may not be manifestly disproportionate. It is evident, that for a self defense to be successful, it has to be performed on a level exceeding the attack. Unlike in case of necessity, the consequence of necessary self defense may be more serious than consequence of the attack. The defense may not be restricted to a passive one, it can also be active. It is the initiative at the beginning which decides who is attacker, and who is defender, not the outcome.
There are two main excesses, which are not recognized as necessary self defense:
- defense, which continues after the attack is over, i.e. when a robber is running away without any loot (excess in time)
- defense, which is manifestly disproportionate, such as shooting children who steal apples from a tree, or shooting a perpetrator who has surpassed a fence, without knowing anything about his intentions (excess in intensity)
Eligible use of a gun
Eligible use of a gun is addressed in special enactments dealing with police, secret security service, prison guards etc. Thus for example a policeman may shoot on escaping suspect, a privilege which an armed civilian does not have.
General tendencies
It is acceptable to defend from a violent attack anywhere on the street especially when a person is attacked with a knife or another deadly weapon. Shooting an unarmed attacker also occurs and becomes sometimes a subject of controversy. However several incidents from the past few years have showed that the Czech courts are moving towards more liberal interpretation of the self defense and tend not to charge people who defended themselves with any crime.
The American style Castle Doctrine is also not applied however it is usually considered acceptable to defend from a violent home invasion with a firearm.
Popularity of guns
Despite the relatively liberal gun laws, guns are not especially popular in the Czech Republic; nevertheless the sport shooting is the third most widespread sport after soccer and hockey. In 2010, there were 311 876 licenses and over 700,000 registered firearms (for the 10,7 million population).
The Czech Republic is home to many firearms manufacturers including Česká Zbrojovka. The famous models of handguns such as CZ 75 are very popular among Czechs. Czechs also favour various types of Glocks and 1911 clones. Long arms by Czech manufacturers are also very popular especially among Czech competition shooters or hunters. There are relatively fewer revolvers, mostly of US makes such as Smith & Wesson and Colt, or Czech makes ALFA and Kora (revolver).
Incidents and gun crimes
In 2007 there were 836 criminal acts and 5428 misdemeanors committed with use of firearms.
It is generally not common for licensed gun owners to commit violent crimes with their guns and most of the gun crimes are committed with illegal weapons that are beyond the control of the law. Occasionally crimes with legally owned guns do happen. The famous example is so called "Forest killer" Viktor Kalivoda, who was planning to go on killing spree in Prague Metro. Ultimately he randomly murdered two people in a forest and other man four days later in other forest about 200 km from the first killing in 2005; both with his legally owned Glock. Police captured Kalivoda week after, thus preventing further murders. Kalivoda was sentenced to life imprisonment. While in prison, he committed suicide in 2010.
Number of murders committed by legally owned guns reached its peak in 2000, when 20 people were murdered. There were 16 murders committed with legally owned gun in 2003, 17 in 2007 and 2 in 2010. Majority of them are committed during family quarrels, with minimum being premeditated.
On Oct 9th 2008 there was an incident at a party of a Czech politician and former prime minister Jiří Paroubek, where his acquaintance Bohumír Ďuričko shot Václav Kočka junior, the son of Prague businessman with his legally carried gun after a short quarrel. Ďuričko later claimed he was acting in self defense after Kočka attacked his pregnant girlfriend. According to the eyewitness testimony it seems highly unlikely. In April 2009, Bohumír Ďuričko was found guilty of murder and sentenced to 12 and a half years in prison.
General attitudes to guns and efforts to tighten the law
The gun law in the Czech Republic is quite liberal. It is mostly caused by the fact that after the fall of communist regime people wanted to regain their rights to keep and bear arms and these needs resulted in passing quite a liberal legislation in 1996, which surpassed the previous restrictive communist enactment. The law became widely accepted and led to quite massive civilian arming. Especially many businessmen felt the actual need to obtain a firearm because the times shortly after the Velvet Revolution are known for the rise in organized crime often related to the economic transformation in the early 1990s.
Today less people feel the need to carry a firearm for protection. General attitude to gun ownership is that there is no point in banning guns because criminals will get guns no matter how tight the law is. Also the fact that Czech Republic has a strong tradition in firearms manufacturing and competition shooting contributes to generally moderate attitude to gun control.
Efforts to tighten the law usually arise after deadly incidents like those described above. Obligatory psychological testing for gun owners is the most common subject of the discussion however has always been rejected. Gun advocates point out that it is not clear what the tests would be like and who would be responsible for the testing and its results. It is also pointed out that it is unlikely that any psychological testing would reveal a potentially dangerous individual because some famous killers in the past were members of the military or the law enforcement and passed very difficult psychological testing successfully.
The law was last tightened in 2008 introducing for example stricter sanctions for carrying gun while intoxicated. Proposals to introduce mandatory psychological testing were not passed.
Other type of weapons
There is currently no regulation on other type of weapons such as knives, pepper sprays, batons or electrical paralyzers. These weapons can be freely bought and carried (concealed or open) by anybody above 18. The age is required by the Commercial Code. Similarly as in the case of firearms, it is prohibited to carry these guns during demonstrations and mass meetings.
Carrying pepper sprays, paralyzers or gas pistols is literally recommended by the Ministry of Interior as prevention in case of assault.
References and sources
- Karel Titz (1922). Ohlasy husitského válečnictví v Evropě. Československý vědecký ústav vojenský.
{{cite book}}:|access-date=requires|url=(help) - OEtymD: Howitzer
- The Concise Oxford English Dictionary, 4th edition reprinted, 1956: Howitzer
- Paul, Hermann. 1960. Deutsches Wörterbuch. Haubitze
- Template:Cs icon Sedláček, Petr. "Právní úprava držení a nošení zbraní v letech 1945–1989" (PDF). Masarykova Univerzita v Brně. Retrieved January 29, 2011.
{{cite web}}: no-break space character in|title=at position 39 (help) - ^ "The gun Act 119/2001 - Firearms and ammunition Law" (in Czech). Retrieved 2008-12-24.
- "Silnici na Kroměřížsku zablokoval havarovaný tank" (in Czech). Retrieved 2011-02-24.
- "Kupte si tank, nebude!" (in Czech). Retrieved 2011-02-24.
- ^ Template:Cs icon Kyša, Leoš (January 28, 2011). "Počet legálně držených zbraní v Česku stoupá. Už jich je přes 700 tisíc". ihned.cz. Retrieved January 28, 2011.
- Map of shooting ranges (in Czech)
- Template:Cs icon "CZ 2075 RAMI Subcompact". Česká zbrojovka. January 28, 2011. Retrieved January 29, 2011.
- "The Czech Department of State statistics - Guns and ammunition" (in Czech). Retrieved 2008-12-24.
- http://translate.google.com/translate?hl=de&sl=auto&tl=en&u=http%3A%2F%2Fbusiness.center.cz%2Fbusiness%2Fpravo%2Fzakony%2Ftrestni-zakonik%2Fcast1h3.aspx
- http://translate.google.com/translate?js=n&prev=_t&hl=de&ie=UTF-8&layout=2&eotf=1&sl=auto&tl=en&u=http%3A%2F%2Fbusiness.center.cz%2Fbusiness%2Fpravo%2Fzakony%2Fobcanzak%2Fcast6.aspx
- ^ Novotný, Oto (2004). Trestní právo hmotné. Praha: ASPI.
{{cite book}}: Cite has empty unknown parameter:|coauthors=(help) - ^ An interview with a Czech prosecutor describing today’s attitudes to self defense
- Template:Cs icon "Informace o početních stavech ručních zbraní u držitelů zbrojních průkazů a zbrojních licencí na území České republiky a přestupcích a trestných činech v této oblasti" (PDF). Ministerstvo vnitra. Retrieved January 29, 2011.
- The gun Act 119/2001 - Firearms and ammunition Law
- Template:Cs icon "Policisté dopadli lesního střelce, prý by vraždil znovu". Ministerstvo vnitra. Retrieved January 29, 2011.
- Template:Cs icon Třeček, Čeněk. "Lesní vrah Kalivoda spáchal za mřížemi sebevraždu". idnes.cz. Retrieved January 29, 2011.
- Paroubek's book party incident
- Template:Cs icon "Kriminalita po Listopadu v Česku výrazně vzrostla". novinky.cz. October 11, 2009. Retrieved January 30, 2011.
- "Novely zbrojního zákona, související nařízení a vyhlášky na stránkách sdružení" (in Czech). GunLEX. Retrieved 2008-12-24.
- ^ Template:Cs icon Koníček, Tomáš Tomáš; Kocábek, Pavel. "Prevence přepadení". Ministerstvo vnitra. Retrieved January 29, 2011.
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| Sovereign states |
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| States with limited recognition | |
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