Gun politics in the Czech republic
Encyclopedia
Gun politics in the Czech Republic
incorporates the political and regulatory aspects of firearm
s 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.
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 Reformationists' revolt. One of the guns used by the Hussites, , later found its way through German and French to English as term pistol
. Another gun used by the Hussites, , 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.
The 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.
Under the current gun law, guns, ammunition and some accessories are divided into four categories:
A - Restricted firearms and accessories
B - Guns requiring permit
C - Guns requiring registration
D - Guns available to adults above 18
A person must obtain the Gun License (Zbrojní průkaz) to be allowed to own gun of categories A, B and C. To own a gun in the D category the age of 18 is required. A, B and C category weapon has to be registered with the police after it is bought.
per category is paid, the license is issued in 30 days. The license must be renewed every five years.
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.
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.
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.
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.
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.
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.
The written test as well as the practical exam has to be passed in Czech language, but a legal interpreter/translator is allowed.
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.
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.
or soft nosed semi jacketed rounds and or just unjacketed bullets (lead only) are allowed. Generally, no ammunition with higher wounding potential is allowed.
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".
Necessity is excluded in cases where:
There is no requirement of subsidiarity: in this respect "necessary self defense" differs from "utmost necessity". The main limitation is that the defense may not be manifestly disproportionate to the manner of the attack. The manner of the attack is not the same as its intensity, which is only a part of it. For example, "intensity" covers whether the attack is committed by a single attacker or a group, with or without a gun, and the relative strength of the attacker and the party attacked, etc. But the manner also includes future imminent dangers, such as the possibility that single attacker might imminently 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 not the outcome of the incident but the sequence of actions at its beginning which determines who is to be deemed the attacker, and who is the party attacked.
There are two main excesses, which are not recognized as necessary self defense:
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.
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 Glock
s and 1911 clones. Long arms by Czech manufacturers are also very popular especially among Czech competition shooters or hunters. There are relatively fewer revolver
s, mostly of US makes such as Smith & Wesson
and Colt
, or Czech makes ALFA
and Kora (revolver).
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.
are known for the rise in organized crime often related to the economic transformation in the early 1990s.
Today fewer 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.
A sharp increase in gun ownership took place in 2011 after a number of attacks of Romani perpetrators against victims from majority population, some of which were racially motivated. This arming was taking place especially in regions such as Šluknov Hook
, where high crime rates are often attributed to people from Roma minority, and where majority population distrust police and authorities.
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.
s, 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 pistol
s is literally recommended by the Ministry of Interior as prevention in case of assault.
Czech Republic
The Czech Republic is a landlocked country in Central Europe. The country is bordered by Poland to the northeast, Slovakia to the east, Austria to the south, and Germany to the west and northwest....
incorporates the political and regulatory aspects of firearm
Firearm
A firearm is a weapon that launches one, or many, projectile at high velocity through confined burning of a propellant. This subsonic burning process is technically known as deflagration, as opposed to supersonic combustion known as a detonation. In older firearms, the propellant was typically...
s usage in the country. Policy in the Czech Republic
Czech Republic
The Czech Republic is a landlocked country in Central Europe. The country is bordered by Poland to the northeast, Slovakia to the east, Austria to the south, and Germany to the west and northwest....
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
Self-defense
Self-defense, self-defence or private defense is a countermeasure that involves defending oneself, one's property or the well-being of another from physical harm. The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many...
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 warsHussite Wars
The Hussite Wars, also called the Bohemian Wars involved the military actions against and amongst the followers of Jan Hus in Bohemia in the period 1419 to circa 1434. The Hussite Wars were notable for the extensive use of early hand-held gunpowder weapons such as hand cannons...
in the early 1420s and 1430s. The use of firearms, together with Wagon fort
Wagon fort
A Laager, also known as a wagon fort, is a mobile fortification made of wagons arranged into a rectangle, a circle or other shape and possibly joined with each other, an improvised military camp....
, was one of the key features of Hussite war strategy, which defeated five crusades launched against the Reformationists' revolt. One of the guns used by the Hussites, , later found its way through German and French to English as term pistol
Pistol
When distinguished as a subset of handguns, a pistol is a handgun with a chamber that is integral with the barrel, as opposed to a revolver, wherein the chamber is separate from the barrel as a revolving cylinder. Typically, pistols have an effective range of about 100 feet.-History:The pistol...
. Another gun used by the Hussites, , gave origin to English term howitzer
Howitzer
A howitzer is a type of artillery piece characterized by a relatively short barrel and the use of comparatively small propellant charges to propel projectiles at relatively high trajectories, with a steep angle of descent...
.
After establishment of Czechoslovakia in 1918 the country took over the preceding Austrian
Austria-Hungary
Austria-Hungary , more formally known as the Kingdoms and Lands Represented in the Imperial Council and the Lands of the Holy Hungarian Crown of Saint Stephen, was a constitutional monarchic union between the crowns of the Austrian Empire and the Kingdom of Hungary in...
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
German occupation of Czechoslovakia
German occupation of Czechoslovakia began with the Nazi annexation of Czechoslovakia's northern and western border regions, known collectively as the Sudetenland, under terms outlined by the Munich Agreement. Nazi leader Adolf Hitler's pretext for this effort was the alleged privations suffered by...
: 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.
The situation changed again after the communist coup d'état of 1948
Czechoslovak coup d'état of 1948
The Czechoslovak coup d'état of 1948 – in Communist historiography known as "Victorious February" – was an event late that February in which the Communist Party of Czechoslovakia, with Soviet backing, assumed undisputed control over the government of Czechoslovakia, ushering in over four decades...
. 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
SVAZARM
Svazarm or Union for Cooperation with the Army , was, in Communist Czechoslovakia, the largest "paramilitary" organisation, though in fact many of the activities that Svazarm provided for its members were more reminiscent of a Boy Scout movement than of a...
) and the rules for hunting shotgun ownership were relatively permissive.
The new enactment of 1995, after the Velvet Revolution
Velvet Revolution
The Velvet Revolution or Gentle Revolution was a non-violent revolution in Czechoslovakia that took place from November 17 – December 29, 1989...
, 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.
Categories of guns
A - Restricted firearms and accessories
- Includes full automaticAutomatic firearmAn automatic firearm is a firearm that loads another round mechanically after the first round has been fired.The term can be used to refer to semi-automatic firearms, which fire one shot per single pull of the trigger , or fully automatic firearms, which will continue to load and fire ammunition...
firearms, military firearms, military ammunition, some types of ammunition such as hollow point and other expanding bullets, taserTaserA Taser is an electroshock weapon that uses electrical current to disrupt voluntary control of muscles. Its manufacturer, Taser International, calls the effects "neuromuscular incapacitation" and the devices' mechanism "Electro-Muscular Disruption technology"...
s, suppressorSuppressorA suppressor, sound suppressor, sound moderator, or silencer, is a device attached to or part of the barrel of a firearm which reduces the amount of noise and flash generated by firing the weapon....
s and gun mounted laser pointerLaser pointerA laser pointer or laser pen is a small portable device with a power source and a laser emitting a very narrow coherent low-powered beam of visible light, intended to be used to highlight something of interest by illuminating it with a small bright spot of colored light...
s.
B - Guns requiring permit
- Includes semi automaticSemi-automatic firearmA semi-automatic, or self-loading firearm is a weapon which performs all steps necessary to prepare the weapon to fire again after firing—assuming cartridges remain in the weapon's feed device or magazine...
handguns, single shot and semi automaticSemi-automatic firearmA semi-automatic, or self-loading firearm is a weapon which performs all steps necessary to prepare the weapon to fire again after firing—assuming cartridges remain in the weapon's feed device or magazine...
center fireCenterfire ammunitionA centerfire cartridge is a cartridge with a primer located in the center of the cartridge case head. Unlike rimfire cartridges, the primer is a separate and replaceable component....
rifles and semi automaticSemi-automatic firearmA semi-automatic, or self-loading firearm is a weapon which performs all steps necessary to prepare the weapon to fire again after firing—assuming cartridges remain in the weapon's feed device or magazine...
military style rifles.
C - Guns requiring registration
- Includes single shot or bolt action, rimfireRimfire ammunitionA rimfire is a type of firearm cartridge. It is called a rimfire because instead of the firing pin of a gun striking the primer cap at the center of the base of the cartridge to ignite it , the pin strikes the base's rim....
rifles and small caliber rifles.
D - Guns available to adults above 18
- Includes air gunAir gunAn air gun is a rifle , pistol , or shotgun that fires projectiles by means of compressed air or other gas, in contrast to a firearm, which burns a propellant. Most air guns use metallic projectiles as ammunition. Air guns that only use plastic projectiles are classified as airsoft...
s (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, B and C. To own a gun in the D category the age of 18 is required. A, B and 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 CZKCzech koruna
The Czech koruna or Czech crown has been the currency of the Czech Republic since 8 February 1993 when, together with its Slovak counterpart, it replaced the Czechoslovak koruna at par....
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.22 Long RifleThe .22 Long Rifle rimfire cartridge is a long established variety of ammunition, and in terms of units sold is still by far the most common in the world today. The cartridge is often referred to simply as .22 LR and various rifles, pistols, revolvers, and even some smoothbore shotguns have...
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
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
Safe
A safe is a secure lockable box used for securing valuable objects against theft or damage. A safe is usually a hollow cuboid or cylinder, with one face removable or hinged to form a door. The body and door may be cast from metal or formed out of plastic through blow molding...
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. A person without Gun license has to be supervised.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 jacketFull metal jacket bullet
A full metal jacket is a bullet consisting of a soft core encased in a shell of harder metal, such as gilding metal, cupronickel or less commonly a steel alloy. This shell can extend around all of the bullet, or often just the front and sides with the rear left as exposed lead...
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"
Necessity
In U.S. criminal law, necessity may be either a possible justification or an exculpation for breaking the law. Defendants seeking to rely on this defense argue that they should not be held liable for their actions as a crime because their conduct was necessary to prevent some greater harm and when...
, "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".There is no requirement of subsidiarity: in this respect "necessary self defense" differs from "utmost necessity". The main limitation is that the defense may not be manifestly disproportionate to the manner of the attack. The manner of the attack is not the same as its intensity, which is only a part of it. For example, "intensity" covers whether the attack is committed by a single attacker or a group, with or without a gun, and the relative strength of the attacker and the party attacked, etc. But the manner also includes future imminent dangers, such as the possibility that single attacker might imminently 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 not the outcome of the incident but the sequence of actions at its beginning which determines who is to be deemed the attacker, and who is the party attacked.
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 passed over a fence, without giving indication of further malevolent or criminal 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
Castle Doctrine
A Castle Doctrine is an American legal doctrine arising from English common law that designates one's place of residence as a place in which one enjoys protection from illegal trespassing and violent attack...
is also not applied however it is usually considered acceptable to defend from a violent home invasion with a firearm.
Popularity of guns
Shooting sports
A shooting sport is a competitive sport involving tests of proficiency using various types of guns such as firearms and airguns . Hunting is also a shooting sport, and indeed shooting live pigeons was an Olympic event...
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
Česká Zbrojovka
Česká Zbrojovka may refer to one of the following Czech firearms makers:* Česká Zbrojovka Strakonice* Česká Zbrojovka Uherský Brod* Česká Zbrojovka firearms...
. The famous models of handguns such as CZ 75
CZ 75
The CZ 75 is a semi-automatic pistol made by Česká zbrojovka Uherský Brod in the Czech Republic. First introduced in 1975, it is one of the original "wonder nines" featuring a staggered-column magazine, all-steel construction, and a hammer forged barrel...
are very popular among Czechs. Czechs also favour various types of Glock
Glock
Glock Ges.m.b.H. is a weapons manufacturer headquartered in Deutsch-Wagram, Austria, named after its founder, Gaston Glock...
s and 1911 clones. Long arms by Czech manufacturers are also very popular especially among Czech competition shooters or hunters. There are relatively fewer revolver
Revolver
A revolver is a repeating firearm that has a cylinder containing multiple chambers and at least one barrel for firing. The first revolver ever made was built by Elisha Collier in 1818. The percussion cap revolver was invented by Samuel Colt in 1836. This weapon became known as the Colt Paterson...
s, mostly of US makes such as Smith & Wesson
Smith & Wesson
Smith & Wesson is the largest manufacturer of handguns in the United States. The corporate headquarters is in Springfield, Massachusetts. Founded in 1852, Smith & Wesson's pistols and revolvers have become standard issue to police and armed forces throughout the world...
and Colt
Colt's Manufacturing Company
Colt's Manufacturing Company is a United States firearms manufacturer, whose first predecessor corporation was founded in 1836 by Sam Colt. Colt is best known for the engineering, production, and marketing of firearms over the later half of the 19th and the 20th century...
, or Czech makes ALFA
Series ALFA (Revolvers)
The ALFA Series of Revolvers are a series of Czech-made revolvers designed for law enforcement, private security agencies, personal security, and hunting needs. The ALFA Series is part of the three revolver series made by 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
Prague Metro
The Prague Metro is a subway, underground public transportation network in Prague, Czech Republic. It is the fastest means of transportation around the city and serves about one and a half million passengers a day, which makes it the seventh busiest metro system in Europe and the most-used in the...
. 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
Jirí Paroubek
Jiří Paroubek is a Czech politician, who served as the Prime Minister of the Czech Republic from 25 April 2005 to 16 August 2006. He was also Chairman of the Czech Social Democratic Party , but resigned from his position immediately after the result of the 2010 Legislative Election was announced...
, 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 RevolutionVelvet Revolution
The Velvet Revolution or Gentle Revolution was a non-violent revolution in Czechoslovakia that took place from November 17 – December 29, 1989...
are known for the rise in organized crime often related to the economic transformation in the early 1990s.
Today fewer 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.
A sharp increase in gun ownership took place in 2011 after a number of attacks of Romani perpetrators against victims from majority population, some of which were racially motivated. This arming was taking place especially in regions such as Šluknov Hook
Šluknov Hook
The Šluknov Hook or Šluknov Projection is a "panhandle" region found in the northern Czech Republic along the border with Germany. The area is part of the southern Lusatian Highlands, between the Elbe Sandstone Mountains in the west and the Lusatian Mountains in the east. It is administratively...
, where high crime rates are often attributed to people from Roma minority, and where majority population distrust police and authorities.
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 sprayPepper spray
Pepper spray, also known as OC spray , OC gas, and capsicum spray, is a lachrymatory agent that is used in riot control, crowd control and personal self-defense, including defense against dogs and bears...
s, 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 pistol
Gas pistol
A gas pistol is a non-lethal weapon for self-defense. It is typically a close-to-exact replica or conversion of a real handgun made to be able to fire lachrymatory gas cartridges only. Effective range is up to 4,5 metres depending caliber...
s is literally recommended by the Ministry of Interior as prevention in case of assault.