The history of Czech civilian firearms possession extends over 600 years back when the Czech lands became the center of firearms development, both as regards their technical aspects as well as tactical use.
In 1419, the proto-Protestant Hussite revolt against Catholic church and Sigismund, Holy Roman Emperor started. The ensuing Hussite wars over religious freedom and political independence represented a clash between professional Crusader armies from all around Europe, relying mostly on standard medieval tactics and cold weapons, and primarily commoners' militia-based Czech forces which relied on the use of firearms. First serving as auxiliary weapons, firearms gradually became indispensable for the Czech militia.
The year 1421 marks a symbolical beginning of the Czech civilian firearms possession due to two developments: enactment of formal duty of all inhabitants to obey call to arms by provisional Government in order to defend the country and first battle in which Hussite Taborite militia employed firearms as the main weapons of attack.
A universal right to keep arms was affirmed in the 1517 Wenceslaus Agreement. In 1524 the Enactment on Firearms was passed, establishing rules and permits for carrying of firearms. Firearms legislation remained permissive until the 1939-1945 German occupation. The 1948-1989 period of Communist dictatorship marked another period of severe gun restrictions.
Permissive legislation returned in the 1990s. Citizens’ ability to be armed has been considered an important aspect of liberty. Today, the vast majority of Czech gun owners possess their firearms for protection, with hunting and sport shooting being less common. 250,342 out of 307,372 legal gun owners possess licenses for the reason of protection of life, health and property (31 Dec 2020), which allows them to carry concealed firearms anywhere in the country.
The "right to acquire, keep and bear firearms" is explicitly recognized in the first Article of the Firearms Act. On a constitutional level, the Charter of Fundamental Rights and Freedoms includes the "right to defend one’s own life or the life of another person also with arms".
Historical development Origins of civilian firearms possession
The late 14th and early 15th century saw a gradual increase in the use of firearms in siege operations, both by defenders and attackers. The weight, lack of accuracy and cumbersome use of early types limited their employment to static operations and prevented wider use in open battlefield or by civilian individuals. Nevertheless, lack of guild monopolies and low training requirements lead to their relatively low price. This, together with high effectiveness against armour, led to their popularity for castle and town defenses.
When the Hussite revolt started in 1419, the Hussite militias heavily depended on converted farm equipment and weapons looted from castle and town armories, including early firearms. Hussite militia consisted mostly of commoners without prior military experience and included both men and women. Use of crossbows and firearms became crucial as those weapons did not require extensive training, nor did their effectiveness rely on the operator's physical strength.
Firearms were first used in the field as a provisional last resort together with the wagon fort. Significantly outnumbered Hussite militia led by Jan Žižka repulsed surprise assaults by heavy cavalry during Battle of Nekmíř in December 1419 and Battle of Sudoměř in March 1420. In these battles, Žižka employed transport carriages as a wagon fort to stop the enemy's cavalry charge. The main weight of fighting rested on militiamen armed with cold weapons, however firearms shooting from behind the safety of the wagon fort proved to be very effective. Following this experience, Žižka ordered the mass manufacturing of war wagons according to a universal template, as well as manufacturing of new types of firearms, that would be more suitable for use in the open battlefield.
Throughout 1420 and most of 1421 the Hussite tactical use of the wagon fort and firearms was defensive. The wagon wall was stationary and firearms were used to break the initial charge of the enemy. After this, firearms played an auxiliary role, supporting a mainly cold weapons-based defense at the level of the wagon wall. Counterattacks were carried out by cold weapons-armed infantry and cavalry charges outside of the wagon fort.
The first dynamic use of war wagons and firearms took place during the Hussite breakthrough of Catholic encirclement at in November 1421 . The wagons and firearms were used on the move, at this point still only defensively. Žižka avoided the main camp of the enemy and employed the moving wagon fort in order to cover his retreating troops.
Firearms becoming primary weapons The first true engagement where firearms played primary role happened a month later during the Battle of Kutná Hora. Žižka positioned his severely outnumbered forces between the town of Kutná Hora that pledged allegiance to the Hussite cause and the main camp of the enemy, leaving supplies in the well defended town. However, as the Crusaders conducted unsuccessful cavalry charge against the Hussite forces on 21 December, an uprising of ethnic minority German townsmen handed the town into Catholic control. This left the Hussite wagon fort squeezed between the fortified town and the main enemy camp, which consisted of the best professional warriors from 30 countries that the Crusader force could assemble.
Late in night between 21 and 22 December 1421, Žižka ordered a break out charge directly through the enemy's main camp. Czech Hussite militia conducted the attack against the multinational professional army by gradually moving the wagon wall. Instead of usual infantry raids beyond the wagons, the attack relied mainly on use of ranged weapons from the moving war wagons. Nighttime use of firearms proved extremely effective not only practically but also psychologically.
1421 marked not only a change in the importance of firearms from auxiliary to primary weapons of Hussite militia, but also the establishment by the Čáslav diet of a formal legal duty of all inhabitants to obey the call to arms of elected provisional Government. For the first time in medieval European history, this was not put in place in order to fulfill duties to a feudal lord or to the church, but in order to participate in the defense of the country.
Firearms design underwent fast development during the hussite wars and their civilian possession became a matter of course throughout the war as well as after its end in 1434. The word used for one type of hand held firearm used by the Hussites, , later found its way through German and French into English as the term pistol. Name of a cannon used by the Hussites, the , gave rise to the English term, "howitzer" (houf meaning crowd for its intended use of shooting stone and iron shots against massed enemy forces). Other types of firearms commonly used by the Hussites included , an infantry weapon heavier than píšťala, and yet heavier tarasnice (fauconneau). As regards artillery, apart from houfnice Hussites employed bombarda (mortar) and dělo (cannon).
16th century legislation and statutory recognition of right to be armed The right to keep arms was formally recognized through the 1517 St. Wenceslaus Agreement. The agreement was signed between the Czech nobility and burghers after lengthy disputes over the extent of each other's privileges, as both began to fear possible widespread farmer and commoners uprising. While most of the agreement dealt with different issues, it stated that "all people of all standing have the right to keep firearms at home" for purpose of protection in case of war. At the same time, it set a universal ban on carrying of firearms. This, in effect, made conventions of armed farmers and commoners illegal while preserving semblance of legal equality as the ban affected also the nobles and burghers.
General ban on carrying was lifted mere several years later. In 1524 a comprehensive "Enactment on Firearms" (zřízení o ručnicích) was adopted. This lengthy act also focused on ban on carrying of firearms and set details for its enforcement and penalties. While almost entirely setting details of the carry ban, in its closing paragraph the act set a process of issuing carry permits. As permits could be granted either by nobility or by town officials, this put nobles and burghers in clear advantage over the farmer and commoner gun owners.
The 1524 Enactment on Firearms also explicitly stated the right of the nobles and burghers to keep firearms at home for personal protection. While not stating such right explicitly for the rest of the inhabitants, the fact that the enactment sets details of universal carry ban (unless a person has a firearm carry permit) with details of enforcement and penalties aimed at nobles, burgers and rest of the people respectively, makes it clear that they continued to have the right to keep firearms at their homes in line with the 1517 St. Wenceslaus Agreement.
18th and 19th century firearm laws Gun control laws enacted during the early 18th century dealt with illegal use of firearms for poaching. At the time, hunting was an exclusive noble privilege with little to no legal option for participation of common folk. Despite tough sentences of 12 years of hard labor or death introduced by a 1727 enactment, poaching with use of firearms remained widespread to the point that a 1732 Royal Gamekeeping Rules noted that gamekeepers were in constant danger of being shot by poachers.
A 1754 enactment introduced up to one-year imprisonment for carrying of daggers and pocket pistols ("tercerols") as well as tough sentencing for cases of attacking or resisting law enforcement with use of these weapons. Mere brandishing of a weapon against a state official was to be punished by life imprisonment. Wounding a state official would be punished by decapitation, killing of state official by cutting of hand followed by decapitation. Another 1754 enactment limited possibility of shooting within limits of certain cities to licensed shooting ranges, showing early development of sport shooting in the country.
A 1789 decree on hunting also included firearms related measures. Any person merely passing through someone's hunting grounds was obliged to either strip trigger off or wrap their firearm in cloth under penalty of confiscation as well as complete ban on firearms possession. Other enactments limited use of firearms in cities "close to buildings" and on state roads (especially shooting to air during religious celebrations), citing fire hazard as a main concern. In general, however, people were free to possess and carry firearms as they wished, with another 1797 enactment specifying that loaded firearms at home must be kept in a way preventing their use by children.
Gun control enactments adopted in the following three decades focused on banning of insidious weapons such as daggers or rifles hidden in walking sticks. Despite having been already banned under the 1727 law, foreword to 1820 enactment lamented their widespread presence among population both within cities as well as in the countryside.
Imperial Regulation No. 223 Following power reconciliation after failed 1848 revolution, emperor Franz Joseph I enacted the Imperial Regulation No. 223 in 1852. According to the regulation, citizens had the right to possess firearms in a number "needed for personal use"; possession of unusually high number of firearms required a special permit. Pistols shorter than 18 centimeters (entire length) were banned altogether as well as rifles disguised as walking sticks. Firearms and ammunition manufacturing was subject to licence acquisition.