Polish law allows modern firearms ownership on a general shall-issue basis under police-issued permit for people who provide an important reason. Hunting, sport shooting, training and collecting are the most popular reasons and require membership in suitable organizations. Self-defense permits for civilians are chief exceptions to the rule, where a may-issue based permit is required. Antique black powder firearms or their replicas and most air guns are available without a permit. Firearm owners are subject to physical and mental health evaluations and domestic violence confiscation laws resembling U.S. red flag laws.
With approximately 2.5 civilian firearms per 100 people, Poland is the 167th most armed country in the world. Less than 0.8% of citizens have valid firearm permits.
History Second Polish Republic
On 25 January 1919 Józef Piłsudski acting as the Head of state of the newly re-established Poland, issued a decree that become the first Polish law dealing with firearm ownership, however laws enacted previously during Partitions of Poland were still in power in some parts of the country till 1932. In particular, the firearm permit of 1922 presented in the picture was issued under the regulations of Austrian Emperor-King's Patent of 24 November 1852. The January 1919 decree stated that civilians needed government permit to purchase and own (long) firearms for hunting or handguns for self defense purposes. Related executive order of 1919 issued by the minister of internal affairs assigned the authority for issuing permits to the Polish State Police. Another order of 1920 moved the authority to local civil administration and prescribed that permits for self defense shall be issued "only when necessary". The law didn't state any specific conditions needed to obtain firearms, so in practice the authorities had full discretion. Possession of military-type firearms was prohibited. Unauthorized possession carried a punishment of up to three months of jail or a fine of no more than 3000 Polish marka, or up to one year or up to 5000 Polish marka in case of (not specified further) military weapons.
The above decree was superseded on 27 October 1932 by a more comprehensive executive order of the president of Republic of Poland, which regulated trade, possession, import, export and transport of weapons, ammunition and explosives. It established permits for possession of firearms at home and for carrying firearms in the public, both issued for a maximum period of three years. A separate permit for collecting guns for historical, scientific or memorial purposes, issued for an indefinite period, did not allow the owner of such collection to buy ammunition or gunpowder. Permits were granted by local authorities at the county level. The prohibited persons were minors below 17 years, persons with mental illnesses or addicted to alcohol or drugs, vagabonds, or people who were indicted twice for the same infraction against gun law. Otherwise, the authorities had full discretion, including assessment if the applicant does not pose a threat to the government or public safety and order. There were also institutional permits intended for government institutions, businesses, paramilitary organizations etc. Possession of military-type firearms (artillery pieces, full-auto pistols and rifles, semi-auto and repeating rifles that were in regular use by the military) was prohibited. Historical firearms produced before 1850 and air guns up to 6 mm bore were unrestricted. Unauthorized possession of military-type firearms was punishable by up to 3 years of prison; for other guns, up to six months of jail or fine up to 5000 Polish złoty.
Nazi-Soviet Occupation During the Nazi-Soviet occupation (1939–1945) civilians were banned from owning firearms or military equipment. Under the German occupational rule, those breaking the gun ban were subject to capital punishment, as well as those who failed to inform the authorities about illegal gun possession. There was a prize of up to 1000 złoty set for denunciating a gun possessor or gun cache. In 1939 Polish historian and writer Rafał Marceli Blüth along with 15 people was executed for illegal possession of a gas mask.
Under the Soviet occupation, initially the military administration strived to confiscate all weapons, but later the Soviet Union laws were applied, such as the Russian SFSR criminal law of 1926. Distinct Byelorussian SSR or Ukrainian SSR criminal laws were applied on parts of the territory annexed to those constituent republics. In general, only handguns and rifles were banned; illegal possession was punished by jail of up to 5 years. Shotguns were traditionally allowed in Soviet Russia as hunting weapons, permits being issued by local administration. Illegal possession of a shotgun was treated as a misdemeanor and punished by a confiscation and fine. However, in the occupied Polish territory illegal possession of guns was treated unevenly; often the authorities tried to attribute a more serious crime, such as treason, armed counter-revolutionary activity etc., which were punishable by death or long labor camp sentences.
Polish People's Republic After the war, in the Polish People's Republic, the executive order of 1932 was considered binding, until a new law was enacted in 1961. During that time several amendments or other laws, as well as actual practice, severely restricted gun possession by civilians, practically limiting it to government officials, important political figures and people loyal to the ruling party. Just over a month after the end of the World War II the minister of public security Stanisław Radkiewicz issued a regulation which invalidated all firearm permits as of 15 July 1945 and ordered all permit holders to acquire new ones or deposit their guns and permits at the local branch of the Ministry of Public Security. However, the regulation mentioned only public administration employees as the prospective permit holders, requiring among other documentation a statement from the highest official in the voivodeship certifying that the applicant has a necessity to have a gun. The regulation was replaced in 1946 by a more comprehensive one, which also covered hunters and members of officially appointed shooting associations, but drastically shortened validity periods of the permits to six months for hunting and sport firearms and three months for other firearms. The authorities had full discretion in granting and revoking permits. The punishments for illegal possession were severe: a decree of 13 June 1946 stated that unauthorized possession of firearms, ammunition or explosives was punishable by at least 5 years of prison, life imprisonment or capital punishment. In 1955 the administrative responsibility for firearm permits were transferred to the Citizens' Militia. A regulation of 16 January 1958 restricted air guns, subjecting them to the same regulations as firearms.
On 31 January 1961 a new Act of Law superseded the pre-war Executive Order. The administrative responsibility for firearms permits had been assigned to the appropriate branches of Citizens' Militia at either the voivodeship or county level, as amended according to several changes in administrative division of Polish People's Republic that happened during the period of validity of this Act. In 1975 the responsibility for issuing permits for air guns was transferred to local (city or district) stations. The Militia had full discretion in deciding if "the factual circumstances justify the issuing of a permit", and could withdraw the permit if the circumstances ceased to exist. The Militia could refrain from providing any justification of refusal or withdrawal of a permit, based on "security of the State or public order interest". The permit also prescribed if the owner was allowed to carry the firearm or only to keep it at specified locations. Permits were issued for up to one year (later amended to up to 3 years) for handguns and military-type firearms, or for up to 5 years for hunting and sport firearms. In 1986 the administrative responsibility regarding firearms permits was moved to the local or voivodeship branches of the Security Service, and in 1990 to the newly formed Police. In 1994 the permits validity periods were abolished, making them valid indefinitely until revoked by administrative action.
The law of 1961, originally covering only firearms (loosely defined as "short firearms or hunting and sport firearms") but excluding firearms manufactured before 1850, was extended in 1986 to also cover less-lethal firearms: gas guns, alarm guns and flare guns, and in 1990 to further cover electroshock weapons, crossbows, hidden blades, elastic batons with hard endings or implements, nunchakus and brass knuckles, while deregulating possession of alarm guns up to 6 mm in caliber. The latter provisions survived to this day.
The permits were not to be issued to people under 18 years old (however sport firearms could be issued to people over 16), mentally ill, known as being addicted to drugs or alcohol, people not having an officially registered address of permanent residence or official source of income, or people who in the opinion of the Militia could use guns "contrary to the interests of state security or public order". The Militia was obligated to withdraw the permit if it later determined that a permit holder belongs to one of the mentioned groups. The issuing authority "could check if the applicant is familiar with gun laws", but no official exam was mandated. Carrying loaded guns in public transport was prohibited. Minister of Internal Affairs could enact temporary ban on firearms and order to place all private guns in Militia's deposit. Such a ban was introduced just before declaring Martial law in Poland in 1981.
Illegal manufacturing, possession, sale or transfer of air guns, as well as other minor infractions such as carrying against the permit terms or other regulations, failure to inform of a change of the place of residence etc. were punishable of up to three months of jail or a fine of up to 4,500 Polish złoty. Illegal sale or transfer of firearms, ammunition or explosives carried a punishment of up to 3 years of prison.
Modern times The current state of the law is described in the main section of this article. Here the initial text and history of major amendments are briefly described.
In 1999 a new Act of Law superseded the gun law of 1961. The overall reach of the new regulation was largely the same as the old one, but also included many new restrictions while dropping or limiting a few others. Major differences were: broad legal definitions of a firearm and an air gun have been introduced, covering also improvised devices; restricted weapons catalog was extended to cover tear gas dispensers (except handheld ones) and "clubs made of wood or other heavy and hard material imitating a baseball bat"; a list of purposes for possession of guns were introduced, initially containing self-defense or protection of persons and property, hunting, sport shooting, collecting, memorial and training purposes (see also table below); age limit was increased to 21 years (18 years for sport firearms on special recommendation by a school or a sport or paramilitary association); prohibited persons list was extended besides mentally ill (as defined in appropriate laws) also to persons having significant psychological disorders or significant physical disabilities, while the requirement to have an official source of income was dropped; prohibited persons who "could use guns contrary to the interests of state security or public order" were to include, in particular, persons convicted or charged of a violent crime; mandatory medical and psychological evaluations by government-approved practitioners were introduced, to be repeated every five years; official exams administered by the Police or hunting or sport associations were mandated;