Israeli Police Gain Exclusive Control Over Gun License Decisions, Undermining Fairness for Citizens

A recent legislative amendment in Israel has shifted the authority over gun license approvals and renewals exclusively to the police, removing independent oversight and raising concerns about fairness and due process. Previously, the Licensing Department's Appeals Committee head independently reviewed police objections to gun licenses, weighing police claims against the applicant's arguments. However, Amendment 24 to the Firearms Law, enacted in 2023 under Minister Itamar Ben-Gvir, grants the police sole power to determine an individual's dangerousness, effectively making the appeals official a rubber stamp for police decisions.

This change has significant consequences for citizens whose investigations are closed due to "lack of guilt." Although legally cleared, these individuals often find their gun licenses revoked or denied because the police interpret "lack of guilt" as merely insufficient evidence rather than innocence. The police frequently cite "confidential information" without disclosure, leaving applicants unable to challenge or refute the claims. This closed system allows the police to investigate, decide, and review their own decisions without external checks.

The article highlights the legal nuance that "lack of guilt" does not equate to proven innocence but rather a low probability of guilt, which the police exploit to maintain a suspicion-based administrative barrier. The Supreme Court has previously ruled that suspicion must be supported by reasonable evidence, but this standard is undermined when cases are closed for lack of guilt.

Since October 7, 2023, the Licensing Department has been overwhelmed with nearly half a million license requests and renewals, causing delays of over a year. To circumvent statutory processing times, some applications are resubmitted under new titles, resetting the legal deadlines. Meanwhile, the police often destroy firearms after 18 months if no extension is granted, despite delays in processing appeals.

The article calls for restoring balance and independent review to protect citizens' rights and public trust in the rule of law. It emphasizes the need for thorough, fair evaluations rather than automatic denials based on undisclosed information and self-policing by the police.