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Firearms regulations that were approved about a month ago by the Knesset, with the aim of dramatically expanding the number of people authorized to carry weapons, were passed without the Ministry of National Security consulting the Regulatory Authority. This, despite the fact that the ministry is obliged to do so according to the law on the principles of regulation, and despite the fact that it has committed to the authority that a report attesting to the headquarters’ work done in the field will be sent to it.
● Following the new regulations, will anyone who has been trained as a “02 rifleman” be able to receive a weapon?
● 100,000 people have already applied for a gun license in just the last two weeks. Will they accept?
The Regulatory Authority is currently examining all the legal options available to it following the events, and intends to demand a renewed discussion of the regulations. The Authority is mainly bothered by the need for inter-ministerial coordination and the existence of an overall view of the consequences of the regulations. In particular, the authority is troubled by everything related to domestic violence and suicide by teenagers – for whom there is an increased risk in an environment rich in weapons.
In a letter sent on behalf of the Authority to the Ministry of National Security, it was stated that the regulations “regulate a significant issue and deal with the preservation of human life. Hence the importance of the procedure for establishing them.” Despite this, their draft, which was published last July, did not include a report assessing the effects of the regulation as required by law. Such a report, the letter claims, was also not sent to the Regulatory Authority for consultation.
“Subsequently, the representatives of the Ministry of National Security told us that they would send us a report reflecting the headquarters’ work that was done on the subject, and is still in progress (at that time), which establishes the proposal for regulations,” it said. “This report has not been given to us to date, and apparently does not even exist.”
Despite the aforementioned, as is known, the regulations were approved by the Knesset on October 15. Three days later the regulations were already published in the records – and entered into force. “It appears from the discussions that the firearms regulations (threshold conditions and tests for obtaining a private license for firearms and other instructions) were established without complying with the obligation to consult with the regulatory authority, and without being presented with a report reflecting and validating the work of the ministry’s headquarters,” the authority stated in its application to the Ministry of National Security.
The law does not provide a clear sanction
The Regulatory Authority was established in 2021 with the aim of producing effective and comprehensive regulation in the variety of areas that the government believes in. The authority is headed by a public servant, Yoel Briss, and according to the law, the authority’s plenum has seven members.
In the Regulation Law, principles were established for the first time that should guide regulation in the State of Israel, including “bringing the maximum benefit to society and the economy, while weighing the protected interest and the economic, social and environmental effects resulting from determining or not determining the regulation and the cost of complying with the regulation, and as a general rule, on the basis of risk management”.
The law stipulates that consultation with the Authority is mandatory – but no clear sanction is established for its violation. Noting this, the Authority is considering the next steps.
There was no response from the Ministry of National Security.
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