Appealing a Firearms Licensing Decision and Renewing a Firearm Licence in Israel
Appealing a Firearms Licensing Officer’s Decision | Renewing a Firearm Licence in Israel
The Tel Aviv District Commissioner of the Firearms Licensing Division accepted an appeal filed by our office and ordered that our client be granted a licence under the “service in the security forces” criterion, after the police, on further review, withdrew its objection.
The Case
Our client had held a firearm licence for many years under the “transitional provision” criterion. During divorce proceedings, his wife (now ex-wife) filed a complaint against him with various allegations, in order to increase pressure on him and gain an advantage in the Family Court proceedings.
Because of the complaint, his licence was revoked and he deposited his firearm with the police, where it remained for several years.
He tried to renew his licence several times, filing applications and appeals, without success. When he had almost given up, he turned to our office.
We advised him which documents were needed to support the appeal, obtained a copy of the police file opened against him, and drafted a reasoned appeal on his behalf.
In light of the well-founded arguments raised in the appeal, the Israel Police re-examined its decision and withdrew its objection, explaining that after the appellant’s case had been reviewed again and all relevant considerations taken into account, there was currently no impediment to his carrying a firearm.
The Legal Basis for Appealing the Rejection of a Firearm Licence
The Firearms Law, 5709-1949 and the Firearms Regulations (Threshold Conditions and Criteria for a Private Firearm Licence and Additional Provisions), 5784-2023 set the grounds for granting and revoking a licence and the right of appeal. They are designed to ensure that firearm licences are granted only to people who meet strict safety and criminal-record criteria.
- The Firearms Law, 5709-1949: governs firearm licensing in Israel and imposes restrictions on licence holders to protect public safety, including the circumstances in which a licence may be revoked, such as serious criminal or violent offenses.
- The Firearms Regulations, 5784-2023: update the criteria for a private firearm licence.
- The criteria include, among others, residence or work in an eligible locality, and service in the security forces (rank of Captain and above, Sergeant Major and above, veterans of special units, infantry level 07 and above, holders of combat certificates and their equivalents in the security forces). They also include specific professions (police, security forces, rescue services, pest control, veterinary medicine, tour guides, hunting and shooting instructors and more), as well as people working in the firearms field and sport shooters.
- Restrictions on licence holders: applicants must meet the threshold criteria as well as medical fitness, mental fitness and no criminal record.
Rejection of an Application and the Right of Appeal
- Where an application for a private firearm licence is rejected, or a licence is revoked because of a “police non-recommendation” or “police objection”, an appeal can be filed within 45 days of receiving the decision.
- The appeal is filed with the Commissioner of the Firearms Licensing Division in the district that issued the decision, who decides on the basis of the arguments raised.
- Where the police objects, the appeal and its appendices are sent to the police, which must respond.
- In 2023 the Firearms Law was amended: the police, previously only a recommending body, is now a body whose recommendation and objection are binding.
- While in the past the licensing officer or Commissioner could reject the police recommendation, today the Commissioner is bound by it, and if the police does not change its position, the appeal will be rejected.
- The appeal is supported by the appellant’s affidavit confirming the facts.
- If the appeal is rejected, the appellant may file an administrative petition with the District Court.
When Will an Appeal Be Accepted?
Success depends on the reason the licence was refused.
If the licensing officer rejected the application because the applicant did not meet a criterion, the appeal will be accepted once the applicant proves that he does.
Where the application was rejected because of an objection by the police or the Ministry of Health, both of which are binding, the appeal will be accepted only if those bodies change their recommendation.
Where the police objection is based on a criminal proceeding, a lawyer may first need to take preliminary steps. Where possible, the lawyer will act to close the criminal file, or to change the closure ground from “insufficient evidence” or “lack of public interest” to “no criminal guilt”. See: deleting a criminal record in Israel.
Where the objection is based on confidential information, significant preliminary steps are needed to overcome it and change the decision.
An experienced firearms licensing lawyer can file the appeal on the client’s behalf, with well-founded arguments showing that the client poses no danger to public safety and is fit to carry a firearm. In the case above, the police withdrew its recommendation and concluded that there was no impediment to the appellant carrying a firearm.
The Appeal Process
Choosing a lawyer experienced in firearms licensing: the lawyer will examine the case, gather all the necessary details, build a plan of action and advise the client which documents are needed for a reasoned appeal.
Assessing the case: examining the circumstances, reasons and grounds for the rejection, and obtaining materials that strengthen the arguments. Careful preparation makes it possible to show that the decision cannot stand.
Building legal arguments: clear and legally reasoned arguments, which may include evidence of no danger, proof of the appellant’s innocence and evidence that the police objection is disproportionate or unlawful.
Filing a reasoned appeal: a factually and legally well-founded appeal, with the appellant’s affidavit on the Firearms Licensing Division’s dedicated form. The appeal must be clear, relevant and include all supporting arguments and evidence.
Why an Experienced Firearms Lawyer Matters
Succeeding in an appeal against a licensing officer’s decision requires in-depth knowledge of the field, legal understanding and experience in dealing with the Firearms Licensing Division of the Ministry of National Security.
An experienced lawyer can show, factually and legally, that the appellant deserves a firearm licence despite the police objection, or that the reason the licence was revoked no longer exists or carries little weight, and in any event no longer justifies objecting to the licence.
Summary
Appealing a firearms licensing officer’s decision is a complex process, especially where the police objects to granting or renewing a private firearm licence. An experienced lawyer can overcome the obstacle.
If you need representation in appealing a firearms licensing decision, our office will provide full legal handling, even where the Israel Police objects.
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