Possession of Firearms in Israel – A General Brief

 

The law controlling firearms in the State of Israel is the Firearms Law of 1949 (hereinafter 'the firearms law' or 'the law').

Authority over the Firearms Law rests with the Ministry of Public Security (MOPS) since 2011 (previous authority rested with the Ministry of Internal Affairs).

 

A firearm is very broadly defined under the firearms law, to include (in relevant part) instruments capable of firing projectiles and any ammunition, parts and accessories^[1].

 

Strict firearms policy

Unlike othe counties, the law in Israel does not recognize a 'right to bear arms' and a 'need to possess/public benefit' policy set by the Minister of Public Security is practiced. Under this policy, firearms licenses are only provided to persons who meet strict criteria set by MOPS which essentially categorizes them as either persons who require a firearm for their personal safety (such as persons who live or work in an area classified as dangerous or a person who deals with large sums of cash or valuables) or persons whose possession of firearms  provides a benefit to the public due to their skill or trustworthiness (such as certain former high ranking members of the security forces, firearms instructors or certain reservists actively serving with an elite IDF unit).

 

All firearms licenses in Israel are temporary and must be renewed every few years (typically three years). Since 1996, the renewal process requires proof that the license holder continues to meet the criteria for carrying a firearm mentioned above. A firearm license restrict the licensee to one registered firearm; only in rare cases are additional firearms approved and long guns (rifles of various calibers and shotguns) are almost never made available to members of the public.

 

Firearms parts and ammunition are also regulated in Israel: In order to purchase ammunition, for example, a person who holds a license for a firearm would need to convince a firearms officer of the MOPS of the need for the ammunition^[2].

 

The strictness of Israel's firearms law and policy can perhaps be best explained through an example of ownership of private firearms by police officers: in Israel, a full time sworn police officer is not eligible to own a private firearm.

 

Regulation - The Designated Authority and Organizational Licenses

All licenses issued under the Firearms Law (except for manufacturing licenses) are subject to the authority of 'the Designated Authority', a term established in section 11(2) of the law, and defined as: 'firearms officer subject to the recommendation of a senior police officer… appointed by the chief inspector of the police'.

 

A firearms officer is defined in section 1 of the law as "a person appointed by the Minister of the Interior^[3], in an appointment publicized in the records, to be a firearms officer for the purpose of this law; such an appointment may be general or subject to terms".Firearms officers are MOPS employees who are subject to the authority of a division in the MOPS established for this purpose and called the 'Firearms Division'.

 

Section 12 of the law further provides that:"anyone authorized to issue a license under this law may subject to their discretion -

1. Issue the license or refuse to do so.
2. Issue the license with terms and restrictions and issue terms and restrictions upon a license already issued. (emphasis added)
3. Cancel a license within its period of validity.

 

Possession and carrying of firearms are separated under the firearms law into two categories: licenses and permits. Section 4 of the law provides in part that: "a person shall not carry or transport a firearm unless by license or permit…", while section 5(a) of the law provides in part that "a person shall not possess a firearm unless licensed to".

 

As such, individuals who wish to carry firearms must first be issued licenses to do so under section 4 of the law. Licenses issued under this section are issued to a specific person for a specific firearm (this includes diplomats as explained in detail below) while organizations (as is the case with the CG as later discussed in detail) may be issued an organizational license by MOPS which then allows them to issue firearm permits to their employees (subject to terms and conditions), for the carrying of firearms on behalf of the organization and for its purposes.

 

Organizational licenses are governed by section 10(a) of the law which provides in part: "the designated authority may provide the owner of a recognized institution or its manager or a person who the owner or manager appointed to be in charge of the security of the institution a special license to possess firearms for the protection of the institution and its employees and the transportation with the institution and for training related in achieving these goals".

 

Section 10(b) of the law provides in part that: "said special license holder may, if the protection of the institution and its employees and the transportation with the institution requires it in his opinion, permit under such terms and conditions as he sees fit to establish, an employee of the institution, to carry, in the area set forth in the license or during training… the firearm which was licensed and subject to the fact that the said person was first approved by the District Police Inspector or his representative in a list containing his name or in person or in any other way".

 

This section of the law establishes a special position for a person within the licensed organization, known as the 'Special License Holder' (hereinafter 'Special License Holder' or 'SLH") who serves as a representative of the designated authority within the licensed organization and is entrusted with duties normally reserved for a firearms officer under the law, i.e. to issue firearms permits to employees of the organization pursuant to terms and conditions set by the designated authority.

 

To be approved for the position of the SLH a person must, at the very least, possess a valid range master license and undergo additional training before they can be approved by MOPS.

 

The SLH is entrusted with official duties and required to adhere to terms set by the designated authority as well as relevant law and regulations. The SLH may be subject to criminal prosecution for failure to comply with the law and may also be subject to personal civil action in certain cases (damages caused by a firearm issued under his authority for example).

 

Firearms held by diplomats

Diplomats who are posted in Israel are allowed to carry firearms under a private license subject to obtaining a license from the MOPS^[4], however, few foreign missions to Israel  have ever been approved for an organizational license.

 

Minimum age and military service

As noted above, section 12 of the Firearms Law allow the designated authority to set terms and conditions to firearms licenses.

The designated authority has set, through its authority under this section, minimum ages for carrying firearms in Israel: 21 for persons who have served in the Israel military, 27 for citizens of Israel who have not served in the military and 45 for permanent residents who are not citizens^[6].

 

It is important to note that the age limitations mentioned above are not based on ethnicity but on a uniform standard of military service. As such, non-Jewish minorities including Druze, Bedouin, Christian and Muslim Arabs and other ethnic groups who served in the Israel military are eligible to carry firearms after reaching the age of 21 (provided they meet all other mandatory criteria which would also be required of Jewish citizens of the state), 27 if they are citizens who have not served in the military and 45 if they are permanent residents. Many members of these various ethnic minorities who have served in the military are employed as armed guards in Israel, including at government installations and critical infrastructure installations.

 

Until recently, all persons who met the above mentioned age criteria (as well as additional criteria which includes background checks and training) could be employed as armed guards in security companies providing security in various installations, including those supervised by the INP (malls for example which are required to post armed guards as part of their business license) in spite of not having served in the military. Recent changes to INP policy which have already been implemented (but temporarily suspended) now require all guards stationed at INP supervised installations to provide evidence of having performed military service (either in Israel or elsewhere) and guards in non-INP supervised installations are expected to be required to meet the same standards shortly.

 

In order to set a path for persons who have not performed military service to work as armed security guards in compliance with Israel's 'Basic Law of Freedom of Occupation' which limits restrictions on employment^[7], the MOPS and INP have drafted a military service equivalency course which has not yet been publicized (but is expected to be 800 hours long) and will serve as a substitute for military service for persons who have not served. It is still unclear at this stage whether persons who have been employed as security guards prior to the new rule would be 'grandfathered in' and allowed to continue to hold their positions after the resolution is in effect.