Firearms Licensing Policy in Israel: Part II – Until Operation Guardian of the Walls (May 2021)

Approaches to Firearms Licensing: An Expansive Approach – A Restrictive Approach

In the early years of the State of Israel, policymakers followed an expansive approach to firearms licensing, which increased the number of firearm licenses issued to the public and, consequently, the number of privately owned weapons. This approach remained dominant until the early 1990s. Since then, a restrictive approach has taken precedence.

Advocates of the restrictive approach argue that it has led to a significant decrease in the number of firearms held by civilians, along with improvements in firearm registration and licensing procedures. However, even when a restrictive policy is officially endorsed, various practical constraints, policy failures, and implementation challenges may hinder its enforcement, sometimes rendering the policy ineffective or even obsolete in practice. The following sections illustrate these points in detail.

Historical Development

The Firearms Law of 1949, signed by Prime Minister David Ben-Gurion and Minister of the Interior Haim-Moshe Shapira, was published on August 7, 1949. The law marked a significant departure from the Mandatory Ordinance that had been in place under British rule. One of its defining features was the recognition of firearm possession by approved villages and institutions deemed worthy for self-defense and the protection of life, property, and transportation needs.

A meeting held in October 1949 at the Ministry of Interior, attended by representatives from the police and the Ministry of Defense, provides insight into the government's approach at the time. The meeting minutes emphasize a primary concern: the tens of thousands of unregistered weapons in civilian hands, many of which had been acquired before the state’s establishment. Officials feared that strict licensing policies would discourage gun owners from registering their weapons, potentially pushing them underground.

As a result, it was decided to ease the process of obtaining firearm possession licenses while maintaining strict oversight on licenses for carrying firearms in public. This policy aimed to help the authorities to track the distribution of firearms and supervise them when necessary. However, the meeting also acknowledged that future restrictions might be necessary, depending on security conditions and the roles of applicants in Israeli society.

Regulation: In November 1949, the Ministry of Interior issued a public announcement in newspapers: "All persons in possession of firearms must immediately submit an application to the licensing officials in the offices of the district supervisors in order to obtain appropriate licenses. Possession or carrying of firearms without a license constitutes a violation of the law."

By 1951, Israeli newspapers were discussing the problem of private firearms ownership, reflecting on the prevailing policies: "In Israel, every citizen is entitled to apply for a license to carry and possess firearms, and he almost always receives this license. The application is submitted to the district administration, then reviewed by the district police inspector and the local military commander. The police primarily check for criminal records, while the military commander can recommend, or object based on police findings. Thus, every month, hundreds of new private gun owners are added to the country."

The Jewish community in pre-state Israel relied on private firearms for two main reasons: Community Defense – Organized defense against external threats; Personal Protection – Safeguarding individuals from constant danger, particularly from Arab hostilities.

While the government took a firm stance against armed organizations, it adopted a more lenient approach toward civilians. Authorities recognized that those who had risked punishment to obtain and protect weapons for years were unlikely to voluntarily surrender them. Among the most persistent applicants for firearm licenses were: Former underground operatives; Security personnel; Individuals who had long possessed firearms and had grown accustomed to them. Given these circumstances, authorities could not simply reject applications for firearm licenses, and the number of private gun owners rose into thousands.

Weapons that had belonged to the Haganah – the main Zionist paramilitary organization that operated in the Yeshuv in the British Mandate for Palestine – were absorbed into the newly formed Israel Defense Forces (IDF). However, another major issue arose regarding weapons imported into Israel by various organizations. This matter came to a head in the violent confrontation surrounding the Altalena affair, in which an arms shipment was forcefully intercepted by the Israeli government.

A major turning point in firearm regulation came with the establishment of the IDF as a structured military force, built on both a standing army and a civilian reserve system. During this period, a significant ideological shift emerged, captured in the revival of the slogan: "Teach the children of Judah the use of the bow." This slogan symbolized the state's encouragement of weapons training and marksmanship among civilians. As a result, firearm licensing policies became even more lenient, reaching their peak during this time.

The authorities began issuing firearm possession licenses on a large scale, often approving applications automatically. The logic behind this approach was based on two key assumptions: Every citizen was considered a "soldier on leave;" Every home needed to be prepared as a "fortress" in times of emergency. Due to this perspective, the government showed little concern about the origins of privately owned weapons. The focus was not on how individuals acquired firearms, but rather on ensuring that they were registered and available for national security needs.

A review titled "Development of the Licensing Issue Since 1967 [Until the End of 1972]" stated: "Until the Six-Day War, the number of individual firearm owners amounted to 20,000 people, in addition to a few factories, villages, and government offices. The demand for weapons was not substantial and was limited to a small number of citizens, growing slowly each year. These individuals were primarily involved in sporting and hunting activities. No formal policy was in place, and licenses were generally granted to applicants who had no criminal record. However, after the Six-Day War, the demand for firearms surged across multiple critical sectors, leading to challenges that had not existed before. The key changes were as follows: First, there was a significant increase in the number of firearms held by approved factories, particularly by security companies. The estimated number of firearms possessed by these entities reached into the thousands. Second, there was a sharp rise in the importation of firearms by private traders. Third, new immigrants, especially from the United States – where firearm ownership is largely unregulated – brought with them various types of firearms, contributing to an increase in private firearm possession. Fourth, the need to arm aircraft and ships became evident. Fifth, coordination problems arose between key security agencies – including the IDF, Shin Bet, the Foreign Ministry, and the police – due to contradictory requirements set by these organizations. Sixth, the number of personal firearm license holders rose dramatically to 53,000. Seventh, firearms were issued for special missions and designated roles."

The expansive policy adopted during this period is clearly reflected in the response of Minister of Police Shlomo Hillel to the Minister of Justice's request concerning the "restriction of firearm possession licenses" (December 31, 1972). Hillel stated: "At this stage, I do not believe there is justification for a drastic reduction in the issuance of firearm possession licenses. Given the reality we face – where many individuals frequently travel through areas that may pose a security risk – the possibility of legally obtaining a firearm should not be restricted. Our policy thus far has been to approve firearm licenses unless there was a compelling reason to deny an application. The current situation is that most firearms are held by military personnel who are on leave, and they are required to carry their personal weapons in accordance with the General Staff's orders, especially when traveling in the occupied territories. Therefore, restricting firearm licenses for civilians – who are often reservists carrying their weapons while on vacation – would be ineffective and would not align with the realities of our security situation. Furthermore, restricting the issuance of firearm licenses may lead individuals to possess firearms without proper authorization, thereby placing them outside the scope of official supervision. In fact, the latest bill drafted by the Ministry of Justice was designed to encourage individuals to legalize firearms already in their possession and discourage the unauthorized possession of firearms. After actively encouraging people to declare the firearms in their possession – including those acquired through historical or personal means – I do not believe it would be appropriate to now impose new restrictions on their ability to obtain official licenses for these weapons. As mentioned earlier, I do not think there is room for drastic restrictions on firearm licensing at this time. However, I am considering and reviewing various proposals aimed at ensuring more effective supervision of licensed firearms. One possibility under discussion is requiring fingerprinting for all firearm license applicants. Additional measures are also being explored, and once a detailed proposal is formulated, I will submit it for your review and further deliberation."

Despite this stance, the Israel Police did not always align with the government's expansive firearm policy. The "Procedure for Licensing of Weapons and Ammunition in the 'Liberated Areas'" (October 1967) explicitly warned: "The widespread distribution of firearms poses a security risk. Therefore, firearm licenses will be issued in limited numbers and only in cases where the security authorities have a compelling interest in the applicant."

Similarly, during the "Conference of Licensing Officials of the Ministry of Interior" (August 1968), key speakers – including the Head of the Israeli Police Special Patrol Unit – expressed serious concerns regarding firearm proliferation: "The Israel Police views the issue of firearms as one of the most critical matters under its jurisdiction. We place significant emphasis on the careful supervision of firearm licensing, given the inherent dangers of firearms falling into either untrustworthy or untrained hands. The increase in firearm-related crimes, as well as the growing number of tragic incidents caused by improper or careless handling of weapons, are the primary factors guiding our approach. While our position may sometimes seem strict, it is driven by the need to ensure public safety and prevent unnecessary harm."

Committees to Review Licensing Policy and Appropriate Guidelines

Over the years, following incidents involving firearms license holders, several committees have been established to review and refine licensing policies. As a result of these committees' recommendations, a structured policy framework was developed, establishing specific criteria that firearms license applicants were required to meet. Additionally, reports by The State Comptroller were published, leading to further procedural adjustments.

The Inter-Ministerial Committee to Clarify Firearms Licensing Policy (Cohen Committee, 1992) was based on the firearms licensing policy formulated by the Ministry of Interior, which conditioned the issuance of firearm licenses on the existence of a justified need. The committee emphasized the importance of maintaining a strict and restrictive licensing policy, ensuring that only those who met the necessary criteria would be eligible for a firearms license. However, it recommended broadening the scope of eligibility in certain cases, particularly for individuals with a security background.

Following the assassination of Prime Minister Yitzhak Rabin, in 1995, the government adopted a policy aimed at reducing the number of firearms in civilian hands. This policy included the introduction of specific criteria that determined the legitimate reasons for which citizens could apply for a firearms license.

In January 1996, the criteria for granting private firearm licenses were officially published for the first time. Obtaining a firearms license was contingent on meeting one of these criteria, in addition to fulfilling certain threshold requirements.

By the time the qualification mechanism was introduced, there were approximately 380,000 licensed firearms in civilian possession across Israel. That same year, the Firearms Licensing Department was established within the Ministry of Interior. The department served as the professional supervisory authority for firearm licensing, while the directors of the Population Registry acted as the operational managers overseeing licensing procedures.

In 1998, the Subcommittee on Military and Civilian Weapons – formed as part of the Committee for the Prevention of Domestic Violence – advocated for the continued restriction of personal firearm licenses. The committee reinforced the importance of minimizing firearm availability in the civilian sector/

In 2001, an Inter-Ministerial Committee was established to examine eligibility for firearms licenses. The committee noted positively the categorization of localities for firearm licensing: "Eligible localities" – Communities where residents were granted firearm licenses due to heightened security threats; "Deserving localities" – Communities that qualified for organizational firearm possession, allowing centrally managed weapon distribution for collective local defense. The committee's main recommendations focused on expanding firearm eligibility to include additional officers and members of special combat units. These recommendations were influenced by the security situation at the time, particularly in response to terrorist attacks that had resulted in significant civilian casualties.

In 2005, the Brinker Committee was convened to examine the firearms licensing system for security guards. The committee's recommendations included: Transferring the responsibility for security guard firearm licensing to the Ministry of Public Security; Implementing a personal licensing process for security guards; Enhancing supervision and control over security guards carrying firearms; Establishing training and educational standards for firearm holders, including medical evaluations approved by a physician; Reducing the number of armed guards and restricting firearm use to designated security posts; Limiting the issuance of firearm permits for security guards to prevent them from taking weapons home.

In 2009, the Firearms Licensing Department was restructured as an independent unit under the Director of the Population and Immigration Authority within the Ministry of Interior. However, in 2011, the Department was transferred from the Ministry of Interior to the Ministry of Public Security. This decision was based on inspection reports, which concluded that the Ministry of Public Security was the most suitable entity to oversee firearm licensing due to its law enforcement capabilities. The police, a crucial factor in determining firearm possession policies, were already operating under the Ministry of Public Security, making the transition more logical. Following this decision, then Minister of Public Security Yitzhak Aharonovitch stated: "Transferring these powers from the Ministry of Interior to the Ministry of Public Security will assist in implementing the policy of reducing the number of firearms held by the public, increasing enforcement against illegal firearm possession, improving supervision over all firearm holders, and ultimately contributing to the fight against crime [of course, in accordance with the Minister's policy and directives]".

In August 2011, new criteria were published as part of the ongoing policy to reduce the number of civilian firearms. Under these regulations: Each licensee was permitted to own only one firearm; Possession of rifles was strictly prohibited, except for those used for hunting and sports shooting.

From 2013 onward, an additional requirement was introduced: All private firearm license holders were mandated to install a gun safe in their residence for secure firearm storage.

In 2014, the State Comptroller's Report (64c) was published, addressing the issue of "Firearm Licensing and Supervision of Their Possession." The report examined the procedures for granting firearm licenses, the system of supervision and enforcement, and the degree of compliance with license conditions and legal provisions. The findings revealed that the official licensing policy had not been fully implemented in practice. The report highlighted the gap between policy formulation and policy execution, stating: "The firearms licensing policy established by the Ministry of Interior is intended to strike an appropriate balance between ensuring public safety – particularly for individuals at high risk – and protecting the public from harm caused by firearms, which are inherently dangerous objects. However, the failures in implementing this policy effectively render it meaningless." To address this issue, the report emphasized: "It is essential to systematically enforce the established policy to prevent the disruption of this balance and ensure that civilian firearm possession aligns with the defined licensing criteria."

That same year, in response to the security situation, the then Minister of Public Security signed updated criteria, moderately expanding the existing eligibility conditions for obtaining a firearm license.

In 2015, the licensing criteria were revised once again. This update introduced a new distinction: "Service in a special unit in the security forces" – allowing IDF combat veterans from special units to apply for a firearms license.

In 2017, the government prepared a bill for a new Firearms Bill. This legislation was intended as a continuation of previous firearms laws and their amendments, aiming to create a "uniform law whose structure and content correspond to the current reality."

In August 2018, then Minister of Public Security, Gilad Erdan (Likud), introduced a significant expansion of the criteria for obtaining a private firearm license. Under the new guidelines, eligibility was extended to: IDF combat soldiers with 07 and 08 rifleman training and higher; Israel Police officers, both active and retired; Lieutenant-rank officers and sergeants-in-charge, regardless of active reserve duty status; Volunteers in Israel Police units, according to police procedures; Magen David Adom (MDA – Israel's only national Emergency Medical Service and blood services organization). employees; Active employees and volunteers in ZAKA (Israel's dominant non-governmental rescue and recovery organization), and United Hatzalah associations (the largest independent, non-profit, fully volunteer emergency medical service).

Explaining his rationale for the new policy [which was later revibrated in the policy of Minister Itamar Ben-Gvir], Minister Erdan stated: "Recent years have proven that armed citizens have saved lives during terrorist attacks. In the era of 'lone-wolf terrorism,' increasing the number of skilled, armed civilians enhances our ability to thwart attacks and reduce casualties. Skilled citizens carrying firearms in public spaces improve public safety and serve as force multipliers, strengthening our collective security." Erdan further emphasized: "This new policy maintains a balance between protecting at-risk citizens and preventing the misuse of firearms. By ensuring that responsible, well-trained individuals have access to firearms, we enhance national security while minimizing potential risks."

As a result of this expansive policy, the potential number of skilled firearms holders in the public sphere increased by approximately 600,000, including: IDF and security force veterans; Police and emergency service volunteers. The policy led to a drastic rise in firearm license applications – a 330% increase – with more than half of the applications being approved. Additionally, security guards were permitted to take their firearms home, further broadening firearm accessibility.

In late September 2018, following these changes, Minister Erdan established a Supervision and Implementation Committee to monitor the application and renewal processes for firearm licenses. The committee examined: Procedures for obtaining, renewing, and revoking firearm licenses; Certification and training standards for license holders; Methods for enhancing oversight and ensuring compliance with licensing regulations.

Minister Erdan's reforms faced significant opposition, particularly from civil rights organizations and women's rights advocates. The sharp increase in civilian firearm possession coincided with a rise in domestic violence cases, drawing criticism from groups such as "The Gun on the Kitchen Table" coalition, which includes the Association for Civil Rights in Israel. In 2018, the coalition petitioned the High Court of Justice to halt the implementation of the new policy. Their petition presented international comparisons, noting: 40% of all homicides in Israel were committed with firearms, compared to an OECD average of 28%; Studies suggested that increased firearm availability in public spaces raised the risk of violence against women by 3-5%.

In February 2021, the court issued a conditional order concerning two key reliefs requested in a petition: Formalizing the criteria for granting private firearm licenses in secondary legislation; Repealing the temporary order that permitted security guards to take their weapons off-site and outside of working hours. 

Open Source

(The firearms licensing policy in Israel followed the events surrounding Operation Guardian of the Walls, May 2021, and until the beginning of the Swords of Iron War, October 2023, will be surveyed in the following Part).