Administrative Petition Against Rejection of a Firearm Licence Appeal

What Is an Administrative Petition Against the Rejection of a Firearm Licence Appeal?

When a firearm licence is revoked or an application for a firearm licence is rejected, an appeal (arar) can be filed with the Commissioner of the Firearms Licensing Division at the Ministry of National Security. If the appeal is rejected and there is reason to believe the decision was unlawful or unreasonable, an administrative petition can be filed against it.

The petition is filed with the District Court sitting as the Court for Administrative Affairs. It challenges the legality and reasonableness of the decision, with the aim of a fresh review that leads to reinstatement of the licence or a decision to grant a private firearm licence.

Case Example: Representing a Career Soldier in an Administrative Petition

Our office represented a career soldier, a combat Sergeant Major, who had for years held a private firearm licence under the “service in the security forces” criterion.

One day he was notified that his licence was revoked because of alleged confidential intelligence information about him.

He filed an appeal on his own, but it was rejected. All his attempts to renew the licence failed, and he turned to our office.

Since the deadline for an administrative petition had already passed, our office filed a new, reasoned application on his behalf for a private firearm licence under the same criterion.

After that application was rejected, we filed a reasoned and well-founded appeal, which was also rejected because of a police objection alleging his involvement in “drug-related criminal activity”.

Our office then filed an administrative petition against the harmful decision, arguing that it relied on unreliable intelligence information and failed the required tests of reasonableness and proportionality. In the petition we asked to receive an expanded summary of the intelligence information and to place all the information on which the decision was based before the judge.

Shortly after the petition was filed, the State Attorney handling the case asked us to withdraw the petition while the Firearms Licensing Division re-examined the application.

Our office refused to withdraw the petition and at the same time filed a new application for the client, which was approved, and his licence was renewed shortly afterwards.

The petition thus became redundant. In light of the court fee and legal costs the client had incurred, our office asked the court to award costs. The Tel Aviv-Jaffa District Court granted the request and ordered reimbursement of the court fee and legal costs of NIS 5,000, divided equally between the Israel Police and the Tel Aviv District Attorney (Civil).

The Legal Basis for an Administrative Petition

The Firearms Law, 5709-1949

• Possession and carrying of a firearm require a licence from the competent authority.
• The licensing officer has broad discretion to grant or refuse a licence, sometimes based on confidential information.
• Police recommendations play a central role in the decision, which requires a reliable and verified factual basis.

The Administrative Courts Law, 5760-2000

• Section 5 gives the Court for Administrative Affairs jurisdiction over decisions of administrative authorities, including decisions refusing a firearm licence application or appeal.

The Courts Law, 5744-1984

• Section 15 sets the jurisdiction of the High Court of Justice over administrative decisions that fall outside the jurisdiction of the administrative courts.

The right of access to the courts

• A fundamental principle of administrative law is a person’s right to turn to the court when harmed by a decision of an authority, based on equality, the rule of law and the right to due process.

When Will the Court Intervene?

The Court for Administrative Affairs will intervene in an authority’s decision in the following cases:

• Excess of authority: the authority acted beyond the powers granted to it by law.
• Unreasonableness or disproportionality: the decision falls outside the range of reasonableness and fails to balance the relevant interests (for example, decisions based on unreliable data or ignoring material facts).
• Procedural defects: lack of transparency, denial of the right to be heard or unfair conduct.
• No evidentiary basis: the decision is based on wrong, incomplete or insufficient information.

Filing the Petition

• Exhaustion of remedies: a precondition for an administrative petition is exhausting all procedures before the authority itself (such as filing an appeal).
• Time limit: the petition must be filed within 45 days of the date the harmful decision was delivered to the petitioner.
• Drafting: the petition sets out the administrative decision in detail, the grounds for judicial review and the remedies requested.

Why the Authority’s Decision May Be Overturned

• Disproportionality and unreasonableness: the decision harms the individual’s rights disproportionately and fails to balance public and private interests.
• Procedural defects: such as denying the right to be heard or failing to consider all relevant facts.
• Unreliable confidential information: as in the example above, applications are sometimes rejected on the basis of unfounded “intelligence information” that was not properly examined.

Costs of an Administrative Petition

The cost has two components: a court fee paid to the state for the proceeding, and the lawyer’s fee. We will explain the expected costs in advance.

Why Legal Representation Matters

Representation by an experienced lawyer such as Adv. Emanuel Trach is essential:

1. Drafting the petition: making sure the petition presents the legal grounds and evidence clearly and persuasively.
2. Critical review of the decision: examining whether the decision was made lawfully, focusing on administrative defects and unreasonable discretion.
3. Dealing with confidential information: arguing for the exclusion of intelligence information that does not meet the legal tests of credibility and reliability.
4. Reducing costs and risks: professional advice prevents mistakes that cost time and resources.

Summary

An administrative petition is an essential tool for challenging unreasonable decisions of administrative authorities, especially where basic rights such as holding and carrying a firearm are at stake. Professional legal representation is the key to success in these complex proceedings. See also: firearm licence appeal and renewal.

Contact Adv. Emanuel Trach for advice and representation in administrative petitions to reinstate a private firearm licence.

Contact Adv. Emanuel Trach

WhatsApp: 055-255-0011