lundi 1 avril 2019

Italy passes self defense

https://www.italservice.com/italy-and-self-defence-law/

This new law makes it legitimate to respond with force to robbers or burglars who enter a property, even if this proves fatal. Under previous Italian law, accused parties usually have to show they had reasonable grounds to fear for their own life to avoid a murder charge. Some judges however have also allowed a “legitimate defence” argument based on a pattern of being regularly targeted by criminals. But robbery victims still need to prove “proportionality” between the offence and their defence.

Summary of Italian gun laws:

https://www.thelocal.it/20180323/gun...hootings-italy

Italians do not have a fundamental right to bear arms. Before buying a gun, you first need to get a gun purchasing licence ( Licenza di porto d'armi o Nulla osta) -- this is also necessary if you inherit or are given a weapon.

To be eligible, you must be over 18, have a certificate from a shooting range to prove you can safely use the firearm, have a clean criminal record, and state that you are not suffering from mental health or drug addiction problems.

And once you possess a gun, it must be reported to the Interior Ministry within a 72-hour period by going to a police station. Even with the purchasing licence, there are limits to the number of weapons and amount of ammunition you can get: a maximum of three handguns and 200 handgun cartridges, for each.

Holders of a special Firearms Collectors' Licence can own a higher number of weapons, but are forbidden from using or moving them and from buying ammunition. In certain cases, they are required to house the weapons in a safe room that meets police specifications.

Having the purchasing licence doesn’t permit you to carry the gun in public places or to use it, so for that, you need another licence. The three licences that allow you to do this are a hunting licence (allowing you to carry and use hunting weapons only during hunting season and within game preserves), a shooting sports licence (allowing you to transport unloaded guns to a shooting range or safe place), and a concealed carry licence (allowing you to carry a handgun for personal defence).

The concealed carry licence is the hardest of the three to get: you need to prove a valid reason, such as working as a security guard or other at-risk profession [such as retired military and police officers or a country doctor who makes house calls and would be transporting drugs], and renew the licence every year rather than every six, as for the other two licences...

The accepted scenarios include the need to defend oneself or others from danger to life, and factors such as the immediacy of the threat and proportionality of the response should be taken into account...

According to the Armi e tiro magazine, in 2016 over 1.26 million gun licences were issued in Italy, including just 18,362 for personal defence. And Interior Ministry data shows that applications for sports licences have risen by more than 40 percent in four years.

But despite strict regulations on gun-owners, several investigations by Italian media, including by Rai, Panorama and La Stampa, have found incidences of people applying for a hunting licence when in reality they want the weapon for self-defence.

Gun deaths remain relatively rare in Italy, but several recent attacks have put the issue of firearm regulation in the spotlight...According to the United Nations Office on Drugs and Crime, there were 0.7 murders committed by firearms in Italy per 100,000 members of the population. That's a long way off the USA's figure of 3.2, but still the second highest of the G8 countries...

One of the main debates on gun ownership in Italy relates to self-defence.

In 2015, the mayor of a Piedmont town pledged to give residents €250 towards the purchase of a firearm, saying this would help them “to defend themselves from delinquents”.

Almost a decade earlier in 2006, the Northern League party introduced a 'legitimate defence' bill permitting the use of knives or guns in order to protect lives or belongings if these were threatened in their home or workplace.

The reform, passed by Italian parliament, applied only if there was danger of aggression and the attacker showed no signs of backing down. In spring 2017 Italy's upper house of parliament voted to extend the law to include any nighttime break-in, or a robbery attempt involving threats or violence to people or things. This means people would no longer have to prove that they had reason to fear for their lives [this amendment was recently approved by the Italian Senate to become law]...

A study published by Euripses in January this year showed that more than half of Italians felt prepared to use a weapon to defend themselves against an intruder. Almost one in five (17.7 percent) said they would "definitely" do so while a further 38.5 percent said they would "probably" use a weapon if they had one.

In boca al lupo!

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Italy passes self defense

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