Right to Self Defense with Arms

Weingarten shows CZ pistol with arm brace for the American market at 2015 Shot Show

U.S.A.-(AmmoLand.com)- In 2015, after the series of Paris Jihadi Terrorist attacks, the bureaucrats in the European Union found an opportunity to further restrict the ownership of firearms in European countries. They created extremely restrictive new protocols which further restricted the ownership of common arms.

The Czech Republic had some of the least restrictive firearm laws in the European Union. To the Czech people, the ability to own firearms, and use them for protection, was a significant measure of freedom, which they did not have when they were part of the Soviet Empire.

The move for the amendment started in 2015, after the terrorist attacks in Paris.  By the middle of 2016, Czech President, Miloš Zeman was suggesting citizens should be armed “over the long term” and carry pistols in public, to defend against terrorist attacks.

The move to amend the Constitution, and add protection for the right to defense of self and others, with arms, has continued, with some variation. From expats.cz:

The complementation of the Charter of Fundamental Rights and Freedoms arises from a petition signed by 102,000, including many senior politicians.

The final version appears to be relatively short. From laprensalatina.com:

The amendment states that “the right to defend one’s life or the life of others, even with the use of weapons, is guaranteed.”

The lower house of the Czech Parliament passed the amendment on 28 June with a 139 to 9 majority.

On 21 July 2021, the Senate passed the amendment, with 54 of 74 senators voting for it.

 “The proposal is not only symbolic in nature but can also serve as insurance for the future,” said Senator Martin Červíček on behalf of the submitters.

Červíček pointed to the tendency of some EU countries to ban carrying any objects that could be used as a weapon. According to Červíček, the disarmament of the population will not bring greater security, as criminals will obtain weapons illegally.

The amendment will take effect sometime from 1 August to 1 September 2021.

From praguemorning.cz:

Czech lawmakers approved an amendment that will enshrine the right to use a weapon in self-defense in the Czech constitution – a new right that will be included in the country’s Charter of Fundamental Rights and Freedoms.

Many people have suggested the amendment does not have any teeth, because the European Union rules override it. At a Youtube site, a Czech citizen explains how they expect the strategy to be expanded. From a comment by František Krbec at  Happy gun news:

Maybe you ask why this additional constitution law helps us to secure our civil gun ownership against EU restrictions, because EU restrictions are more powerful than basic laws of EU countries – this constitutional right is just first step. The second step, which will follow and already is in our parliament and senate for discussion is, that the our government – especially our Ministry of Interior affairs in, collaboration with Ministry of Defense, make a project which is called “defined state backups” and that means that all gun owners can sign to a special training with guns covered by state armed forces. This course should deepen the civil gun owners skills to defend lives before special police forces arrives. It is our reaction on terrorism and the cases with active shooter in schools, public areas, etc. We know that the police cannot be everywhere. That means that all the gun owners which undertake this training and make a promise, will become let’s say part of interior security. The interior security is one of a fields where EU has no rights and then we can say – OK, you cannot tell us which kind of guns or size of magazines we can have, because this is strictly in our competition for our internal safety.

This shows a sophisticated way to maintain a right to arms and self-defense for the people of the Czech Republic. When you provide a means for all citizens who are willing, to become part of the state defense agencies, which includes the right to arms, you have short-circuited many of the state-sponsored restrictions.

This correspondent has often considered a similar provision that could be used in the United States, to push back against federal power.

State legislatures could define any person with a carry permit to be a member of the state militia, on duty; they could make it an option available with a few hours of training; they could proclaim those federal NFA laws do not apply to state militia members on duty. It is a powerful tool the states have not yet used.

In Western Civilization, it was considered an obvious, natural part of existence, that people had a right to defend themselves. Part of that natural right was the right to weapons to defend themselves with.

The right to self-defense with weapons was significantly eroded, starting with England in 1920. The new gun laws did not allow self-defense as a legitimate reason for owning arms. Much of Europe followed. In Canada and Australia, and now, New Zealand, when a person applies to obtain a permit to own firearms, self-defense is not allowed as a legitimate reason.

The Czech Republic has recaptured the essence of that right with this amendment. While not as strong as the American Second Amendment, it is the strongest protection in the European Union.

About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

Dean Weingarten

Add Comment

Your email address will not be published. Required fields are marked *