Access to the arms – a right or a privilege? - Repository of University of Wroclaw

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Access to the arms – a right or a privilege? Wiśniewski, Bartosz

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Access to the arms – a right or a privilege?

Wiśniewski, Bartosz

keep arms acces Heller bear arms Columbia arms right second amendment

The elaboration talks about the differences between regulation of firearms in Poland and in the USA. The first part of the essay is leant on the US Supreme Court verdict regarding District of Columbia v. Heller. The verdict is a fundamental sentence in the US law system which regulates access to firearms for Americans. It is set on the „second amendment” and confirms the fact that every citizen of the USA has the right to keep and wear firearms when he or she meets a few conditions like sanity maturity and has not firearms ban. The authority has to be tolerant when their people can keep and wear arms. Some restrictions are possible but not every kind of them and they always have to be reasonable and appropriate. That is the reason why in the USA there are more than 80 firearms for 100 people. The second part of the elaboration talks about firearms regulations in Poland. Poland is a state law country so in Polish regulations we can find a lot of acts which are connected with firearms possession and wearing. The most important statute is “ustawa o borni i amunicji” - the firearms and ammunition statute. There are also a few ordinances which talk for example about firearms storage or wearing. There are seven kinds of firearms permissions in Poland which are different from each other, and require separate procedures. It means that if you are a hunter and you want to have a gun for self-defence, you have to apply for another permission. A person who wants to be a legal arms owner has to take part in a long complicated and expensive process to get the permission. These are other dichotomies between firearms permissions. If you want to have a firearms for hunting, historical re-enactment, for sport’s shooting or if you are a firearms collector and you meet a big number of conditions, the Police has to give you a permission. But if you want to have a gun for self-defence the police has a flexibility in getting a permission because you have to prove that you are really in danger and the Police decides whether it is sufficient. That is the reason why there are only 1,3 firearms for 100 people in Poland and this flexibility is harmful and has to be changed. On the other hand, restricted conditions could be appropriate, especially when irresponsible or immature person wants to use the firearm in the wrong way so that hurt another human being.

E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Jabłoński, Mariusz. Red.

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ISBN 978-83-65431-11-0

(Prace Naukowe Wydziału Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego) (E-Monografie ; nr 75)

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Copyright by Bartosz Wiśniewski