As I begin this compilation dealing with the halachic principles of carrying a firearm for self-defense, I see it proper to first say a few words about the complexity of this topic at this time.
During the Wild West era of the United States, a phrase was coined: “God created man, but Samuel Colt made them equal”. And alas, it is difficult to find an object that expresses equality so strongly: with basic training, any person – regardless of their physical fitness – can protect themselves and their families from those who rise against them, even if they outnumber them and are stronger than him. This power remains in full force to this day, enabling man to be a savior for himself and others. Recently, we heard the moving story of M., a resident of Nachal Oz, who, with his resourcefulness and his personal firearm, saved his family from the hands of tens of murderers in the October 7th Massacre on Simchat Torah 5784, a time when many of his friends fell at the hands of vile people.
On the other hand, the same tool, which used in upstanding hands can act as a shield and salvation, can become “a destructive force” in the wrong hands. This is the double-edged sword that obligates every society that desires life to act with a sense of gravity and extreme caution.
In America, the right to bear arms is constitutional and overarching, which creates, in my opinion, an imbalanced reality that pays a high price in blood, amongst other things, through tragic home accidents. Other countries, to contrast, have taken an overly stringent approach. This approach leaves the civilian helpless against criminals and terrorists that obtain weapons through extrajudicial means, for the State cannot place an officer on every street corner.
Israel has operated throughout the years with a “restrictive policy” which has changed in light of the waves of terror and turned into an “equalizing policy” (according to publications of the body overseeing the field). After the events of October 7th and the growing concern of invasion as well as the trickling of the conflict into the country, the inclusion criteria have expanded dramatically, and the number of armed civilians has tripled.
We won’t be able to understand the totality of the impact of this change. Alongside the desired ramifications – and foremost granting the ability to defend oneself to reserve fighters who lacked this ability up to this point for technical reasons – the concern arises that without defining an engrained “firearm culture” built on safety training, proficiency, and moral and legal norms, this decision may bear difficult results.
After more than three decades in the world of firearms – as a combat soldier, as an instructor, as a law enforcement agent, as a lawyer who represents firearm carriers, and as a firearm owner myself – I have reached the conclusion that the proper approach rests upon three foundations: reliability, proficiency, and readiness. Granted these principles, of which it is difficult to argue their ideological necessity, raise harsh practical questions: what is the level of “reliability” required to acquire a firearm and how can one ensure its enforcement? What is the minimal proficiency that justifies obtaining a license, and is it morally appropriate to refuse to grant a person the ability to defend themselves solely due to a technical difficulty to acquire this proficiency? And also, is it proper to determine that a person who holds a weapon assumes a declarative-moral obligation to carry it with him at all times and be ready to risk his life for the collective?
I do not intend to answer all of these questions through this framework, rather I wish to propose the idea that every Israeli firearm carrier should not only know the weapon’s importance for defense, but also the risks involved – both regarding safety and legality. A man’s life does not move in a straight line; there are rises and falls.
The complete response to these existential questions can remain at the level of practical guidelines or dry legal ruling alone. For this we need a deep-rooted and ancient moral compass, able to balance between the sanctity of life and the moral obligation of “do not stand idly by your friend’s blood”. This compilation expresses these principles and bases them on history, tradition, and Jewish law, while deeply evaluating the right to defend oneself, build trust, and accept personal responsibility.
It is the mark of a weapon carrier to aspire to at all times be the most reliable, the most proficient that they can be, and the readiest to protect those around them and prevent the tool from falling into unqualified hands.
Perry Novotny,
Lawyer and Firearms Instructor
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