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Israeli Police Gain Exclusive Power to Deny Gun Licenses Despite 'Not Guilty' Investigations

By בשיתוף עו"ד אוהד מגורי
Translated & summarized from N12 by baba
The story · English

A recent legislative amendment in Israel has granted the police sole authority to determine an individual's threat level when applying for or renewing gun licenses, effectively removing independent oversight. Previously, the Licensing Department's Appeals Committee head could independently review police objections and decide on license approvals. However, since August 2023, the police's decision is final, and the appeals officer acts only as a rubber stamp.

This change has significant consequences for citizens whose criminal investigations are closed due to "lack of guilt." Although legally exonerated, these individuals still face police-imposed restrictions, such as weapon confiscation and license denial, based on undisclosed "confidential information." The police often cite vague reasons like "confidential information that cannot be detailed," leaving applicants unable to challenge or refute the claims. This closed system lacks an external, impartial body to balance police power.

The article highlights that "lack of guilt" does not mean innocence but rather a low probability of guilt, allowing the police to maintain a shadow of suspicion. This contradicts Supreme Court rulings requiring reasonable evidence to sustain suspicion. The current practice effectively revives a stigma that the law intended to erase.

Furthermore, since the October 7, 2023 conflict, the Licensing Department has been overwhelmed with nearly half a million license applications and renewals, causing significant delays. To circumvent statutory processing time limits, some applications are resubmitted under new titles, resetting the clock and prolonging the process. Meanwhile, the police are quick to destroy weapons after 18 months if no extension is granted.

The article concludes that while thorough and careful vetting of gun license applicants is essential, the current system's lack of transparency, accountability, and independent review undermines citizens' rights and public trust in the rule of law. It calls for legislative or judicial intervention to restore balance and fairness in the licensing process.

Read the original at N12
Full coverage · 2 outlets
100% centerFirst: N12 · Jul 22

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