NEW 2018 PETITION
dated 18 January 2018
pursuant to Article 18 of the Charter of Rights and Freedoms and Act No. 85/1990 Coll., the Right to Petition, and Article 227, the Functioning of the EU Agreement Smlouvě o fungování EU článku 227
"Retain the rights of Czech citizens with clean criminal records in the area of legal guns“
Hereby this Petition, we, the undersigned citizens of the Czech Republic, are asking the Chamber, the Parliament Senate of the Czech Republic, the President and the Government of the Czech Republic, to renegotiate, support and approve the amendment to the Constitutional Act about safety in the Czech Republic¹, stipulating the right to legal ownership of guns for the purpose of ensuring defence and the internal and external safety of our country. This amendment expresses a symbol yet primarily practical guarantee of the rights of Czech citizens, who meet legally strict conditions for acquiring ownership, possession and carrying of guns. In the future, this constitution will serve as a guarantee to retaining the current legal frameworks, which are proven sufficiently strict and effective and in reality, this will lead to a significant increase in the safety of Czech citizens.
Hereby this Petition, we, the undersigned citizens of the Czech Republic, are also urging the relevant Czech authorities to reject the implementation of the "EU's prohibition directive“² because pursuant to the "Lisbon Treaty" and Article 346³ thereof, the internal and external safety of EU member countries is EXCLUSIVELY AT THE DISCRETION OF EVERY MEMBER COUNTRY. Therefore, we are hereby protesting against another planned regulation made by the European Commission about the trouble-free and effective "gun" laws in the Czech Republic, in any form generally restricting or prohibiting this. Below, we are also currently and specifically protesting against the ban on the use of proven and irreplaceable lead in firearms and against the restriction of gun accessories and non-fatal self-defence means.
Members of the Petition Committee:
Mgr. Pavel Černý, lieutenant colonel in retirement, Skloněná 7, Prague 9, 190 00
Jaroslav Pekařík, Ivaň 318, 691 23
Ing. Ivo Hofman, Hypšmanova 953, Prague 4, 149 00
Ing. Bc. Bohumil Straka, Ph.D., Kamenná čtvrť 628, Brno, 639 00
Note: Any one of the members is authorized to represent the Petition Committee at any meeting with a state authority.
The Petition Committee (clause required by Section 5(1) Act No. 85/1990Coll. – refer to Annex)
Send the Petition to: Mgr. Pavel Černý, lieutenant colonel in retirement, Euro Security Products, Hyacintová 20,
Prague 10, 106 00, Czech Republic.
1) Constitutional Act No. 110/1998 Coll., the safety of the Czech Republic, as amended by Constitutional Act No. 300/2000 Coll
2) EU Parliament and EU Council directive 2017/853, dated 17 May 2017, amending Council directive 91/477/EHS about checking the acquisition and possession of guns.
nabývání a držení zbraní.“
3) Treaty of Lisbon, excerpt:
Article 346 b)
b) Every member country may take measures that it considers necessary to protect the essential interests of its safety and which are linked to the production of arms, ammunition and war material or the related trade
; these measures cannot adversely affect the conditions of economic competition on the internal market for products that are not exclusively intended for military purposes.
Annex – Charter of Rights and Freedoms
ACT 85/1990 Coll., dated 27 March 1990 about the Right to Petition
Federal Assembly of the Czechoslovakian Socialist Republic has agreed on the following law:
(1) Anyone has the right to turn to state authorities, either independently or together with someone, with a request, suggestion or complaint in matters of public or other common interests, which is part of the state authorities' job description (hereinafter referred to as the "Petition").
veřejného nebo jiného společného zájmu, které patří do působnosti těchto orgánů (dále jen „petice“).
(2) Legal persons may exercise this right if it is in compliance with the objectives of their activities.
(3) The Petition must not interfere with the independence of the court.
(4) The Petition must not call for a violation of the constitution and laws, deny or restrict personal, political or other rights
of citizens for their nationality, gender, race origin, political or,other beliefs, religion and social status,
or spread hate and intolerance for these reasons, cause violence or serious indecency. hrubé neslušnosti.
No one may be prevented from exercising their right to petition. Exercising this right cannot be harmful to anyone.
(1) Citizens may create a Petition Committee. This Committee writes the Petition, gets the citizens to sign it, delivers it to the state authorities and negotiates with them.
vytvořit petiční výbor.
(2) The Petition Committee is not a legal person.
(3) The members of the Petition Committee undertake to designate a person over the age of 18, who will represent them in negotiations with state authorities.
Getting signatures under the Petition
(1) A citizen or a Petition Committee may call upon a citizen to support the Petition with his/her signature in any way that does not contradict with the law. The citizen states his/her name, surname and address below the signature. The citizen must be properly informed about the content of the Petition. The citizen must not in any way be forced to sign the Petition.
(2) If the signature sheet does not include the text of the Petition, it must be labelled so that it is clear which Petition is being supported by the signatures; The signature sheet must also include the name, surname and address of the person, who wrote the Petition or the name, surname and address of the person, who is the member authorized to represent the members of the Petition Committee in this matter.
(3) For the purpose referred to in Paragraph 1, the Petition and signature sheets may also be accessible in public places. The state authority's permission is not necessary for this. However, the operation of vehicles and other vehicles and the interference of public order cannot be restricted.
(4) A person older than 16 years of age may be entrusted to get signatures in public areas.
Submitting and handling the Petition
(1) The Petition must be in written form and must include the name, surname and address of the person, who is submitting it. If the Petition is being submitted by a Petition Committee, the Petition must include the name, surname and address of all the members of the Petition Committee and the name, surname and address of the person, who is the member authorized to represent the members of the Petition Committee in this matter.
(2) The state authority undertakes to accept a Petition that is addressed to that particular state authority. If the matter does not fall into its scope of authority, the Petition will be forwarded to the relevant state authority within 5 days and the person, who submitted the Petition, shall be informed.
(3) The state authority that accepted the Petition undertakes to evaluate its content and give a reply in writing to the person, who submitted it or to the person, who represents the members of the Petition Committee, within 30 days. The reply must include a statement about the content of the Petition and the method in which the Petition was handled.
If a Petition came about as a result of an assembly, the provisions of Section 1, 2 and 5, the Act about the right to assemble (see below) applies, given that it must be stated which assembly it resulted from and how the assembly approved it; The Petition Committee refers to the convener of the assembly.
1) Act No. 84/1990Coll., about the right to assemble
State authorities shall amend the method of receiving, discussing and handling Petitions addressed to them in their negotiation rules or similar regulations.
If this Act refers to state authorities, it refers to legal persons, who have been entrusted to be state authorities.
Provisions of other legal regulations amending proceedings before state authorities and receiving and handling complaints, notifications and motions, do not apply for receiving and handling petitions pursuant to this law.
This Act comes into effect on the day it is announced. Article 227 of the Agreement about the functioning of the EU (formerly Article 194 of the EU Agreement) Every citizen of the EU and every physical person with permanent residence or a legal person with a statutory address in any one of the member countries has a right to submit a Petition, either independently or together with other citizens or people, to the European Parliament in matters, which fall into the activities of the European Union and which are directly related to it.
Article 227 of the Agreement about the Functioning of the EU