Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
 

Dial H For Hero

(2,971 posts)
Thu Jul 22, 2021, 02:11 PM Jul 2021

The right to bear arms in self-defense is (now) embedded in the Czech constitution

https://www.expats.cz/czech-news/article/right-to-arms-embedded-in-czech-consitution

Prague, July 21 (CTK) - The Senate, the upper house of Czech parliament, has approved the right to use arms to defend oneself and others under legal conditions to be embedded in the constitution as a reaction to the EU's pro-regulatory stance on firearms acquisition and possession.

This right was included in the Senate-proposed amendment to the Charter of Fundamental Rights and Freedoms, which is part of the constitution. Senators, therefore, passed the amendment as expected.

According to the authors of the bill, this constitutional change will prevent the right to bear arms from being restricted by common law and will strengthen the position of the Czech Republic in the debates on further EU regulations.

Now President Miloš Zeman must sign it into law. The president cannot veto a constitutional bill against common pieces of legislation.
2 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
The right to bear arms in self-defense is (now) embedded in the Czech constitution (Original Post) Dial H For Hero Jul 2021 OP
OK, so let's swap US gun laws for Czech laws then jimmy the one Mar 2022 #1
Post script to my above post, mexican article 10 jimmy the one Mar 2022 #2

jimmy the one

(2,708 posts)
1. OK, so let's swap US gun laws for Czech laws then
Thu Mar 3, 2022, 09:34 AM
Mar 2022
According to the Czech gun laws expert and attorney Tomáš Gawron the provision bears no resemblance to the American second amendment.
Unlike its US counterpart, the Czech provision doesn't stipulate a restraint on Government's power, but only symbolically sets out significance of the mentioned right and otherwise leaves the Government a free hand in setting detailed conditions in law.
By being mostly symbolic, the provision is more similar to the Article 10 of Mexican constitution. Also while the American second amendment centers on the right to keep and bear arms, the Czech provision deals primarily with right of personal defense, including with arms
https://en.wikipedia.org/wiki/Gun_law_in_the_Czech_Republic

Cornerstones of current Czech gun law remain the same since the 1990s: precisely defined requirements that an applicant must meet in order to be granted a license. Once a person obtains the necessary license, the law is relatively permissive as regards both the type of firearms that become legally accessible, as well as possibility of their concealed carry for personal protection. At the same time, the issuing authority (police) firearm owners' database is connected to information needed for a background check and red flags any incidents that may lead to loss of license requirements. Similarly, health clearance by the general practitioner is needed for periodical renewal of license (every ten years).

---------------------------------------------------------------------
Obtaining the license requires passing a theoretical {written} and practical exam.

Practical exam - Safe handling: this comprises inspecting, whether the firearm is loaded.. field stripping as needed for clean-up, preparation of firearm and ammunition for shooting, shooting, procedure of handling the firearm in case of malfunction, conclusion of shooting.. Touching the trigger, pointing in an other-than-safe direction or trying to field-strip a loaded gun results in the applicant failing the exam. Depending on the types of licenses sought, applicants may be asked to show their ability safely to manipulate multiple firearms..

Health clearance - Applicant must be cleared by his general practitioner as being fit to possess, carry and use a firearm. The health check includes probes into the applicant's anamnesis (i.e. medical history) and a complete physical screening (including eyesight, hearing, balance). The doctor may request examination by a specialist in case he deems it necessary to exclude illnesses or handicaps stated in the respective governmental regulation.

Criminal integrity Police may order temporary seizure of firearm license and firearms in case that the holder is charged with any intentional crime, or a negligent crime connected with breach of duties relating to possession, carrying or use of firearms or ammunitio

Personal reliability - A person who verifiably excessively drinks alcohol or uses illegal drugs, as well who was repeatedly found guilty of specified misdemeanors (e.g. related to firearms, DUI, public order, etc.) in the preceding three years, is considered unreliable for the purposes of issuing a gun license. The police has the right to inquire information regarding these issues also from municipal authorities (misdemeanors are dealt with by municipal authorities..

Police may order temporary seizure of firearm license and firearms in case that administrative proceedings against the holder are initiated for committing selected misdemeanors (e.g. carrying while intoxicated, refusing to undergo intoxication test while armed, shooting outside licensed range unless in self-defense)

jimmy the one

(2,708 posts)
2. Post script to my above post, mexican article 10
Thu Mar 3, 2022, 10:04 AM
Mar 2022

excerpt from above post: By being mostly symbolic, the {Czech} provision is more similar to the Article 10 of Mexican constitution.

(Mexican constitutional): Article 10 The inhabitants of the United Mexican States have the right to keep arms at home, for their protection and legitimate defense, with the exception of those prohibited by the Federal Law and those reserved for the exclusive use of the Army, Navy, Air Force and National Guard.
Federal Law will state the cases, conditions, requirements and places where inhabitants can be authorized to carry weapons

https://www2.juridicas.unam.mx/constitucion-reordenada-consolidada/en/vigente

Latest Discussions»Issue Forums»Gun Control & RKBA»The right to bear arms in...