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Roman Law
Italy doesn't just have sunshine and wine. Gun laws are good.
By Don B. Kates
In some recent columns I've discussed the fact that, contrary to the canards the anti-gun movement has been perpetrating for decades, Europe does not have far more drastic anti-gun laws than we have. They are different than ours, and in some ways are remarkably less stringent.
Americans gun laws are often motivated by a concern with ordinary apolitical crime. Based on that concern we often see "Saturday Night Special" laws aimed at banning cheap guns or making them more expensive. These are premised on the observation that violent criminals are often poor and cannot afford well-made high-quality weapons.
The earliest example of this approach is Tennessee, which in the later 19th century banned all small and cheap handguns, allowing only the sale of "army and navy" revolvers, i.e., standard military weapons.
In Europe, the opposite approach has been followed, for its gun laws originated in concerns about political violence. Until well after World War II, Europe had very little apolitical violent crime. Europe had virtually no gun laws until after World War I, from which millions of veterans returned unhappy, restive and armed with military firearms.
So while American gun laws have often been directed at cheap guns, European laws tend to focus on military caliber and quality firearms. Let's consider Italian law as an example.
Under Italian common law, every adult with a record clear of questions regarding sanity or general reputation has the right to acquire a gun, including handguns. Italians may own up to three handguns at one time. To own more they must have a collector's license, which is readily issued to collectors.
To acquire a gun, an Italian adult must either have already obtained a carry license or must go to the police headquarters of the locality in which he wants to acquire the gun and obtain a "no impediment" certification.
Depending on the jurisdiction and the reason for the request (hunting, sporting or personal defense), the police may require a certificate of sanity that can come from the family doctor or the local health agency. It is not necessary to present any evidence of physical fitness with regard to gun usage.
But some jurisdictions will require those who have never served in the military to obtain a certificate of fitness for managing guns. Citizens can obtain these through the Tiro a Segno Nazionale (National Shooting Gallery), which has locations throughout the country.
Italian gun law treats handguns differently from "white arms" (swords, knives, etc.), hunting guns, antique guns and other "instruments of offense."
Handguns fall under the classification of "arms to shoot." Typical handguns are considered "common arms" as opposed to military arms. Without a special permit from the Ministry of the Interior, an Italian may not own arms of military caliber, which include automatic weapons, semiautomatic rifles with both a military appearance and elevated firing capacity, and 9mm pistols.
Common arms also include compressed air or compressed gas guns whose bullets deliver a level of kinetic energy that does not exceed 7.5 Joules and replicas of antique guns that are single-shot muzzle-loading musket made before 1890. Sporting guns are classified with hunting guns and governed by the same rules.
The only Italian requirement regarding the specific manner of storage is that it be "adequate." Guns may be loaded and ready to use at all times. However, the law recommends that they be kept in a place in which they will not be easily stolen and out of reach of children and minors.
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