GUN CONTROL IN SERBIA: BRIEF HISTORICAL-LEGAL REVIEW Cover Image

КОНТРОЛА ОРУЖЈА У СРБИЈИ: КРАТАК ИСТОРИЈСКО-ПРАВНИ ОСВРТ
GUN CONTROL IN SERBIA: BRIEF HISTORICAL-LEGAL REVIEW

Author(s): Branko Leštanin, Željko Nikač
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: guns; ammunition; laws; control; police; Serbia;

Summary/Abstract: Serbian society and the state have been experiencing real “tectonic quakes” in the last few years. One of the questions that is being raised is gun control, where various ‘experts’ in the media often refer to tradition. The aim of the paper is to explore precisely this tradition, that is, gun control through legal regulations that have been adopted in the historical development of the Serbian state. The research is structured with a ‘document content analysis model’ based on a qualitative research design and secondary data sources. The predominant method is historical-legal, with which the authors analyze the development of legal aspects of gun control in Serbia, and with the normative method, they analyze the norms of regulations. The aim of the research is to answer the question of when gun control began in Serbia through legal norms, what the first legal regulations that controlled guns looked like, and how the legal norms that controlled guns developed. Three periods in the development of legal mechanisms for gun control in Serbia were identified, in which the analysis of legal regulations that regulated gun control was carried out. Taking into account that other states were once part of the same state with Serbia, the legal history of gun control in Serbia is also the legal history of Slovenia, Croatia, Bosnia and Herzegovina, Montenegro, and North Macedonia. What is characteristic of all legal texts is respect for the property rights of gun owners. However, it has been noted that in the post-war legislation on gun control, attempts were made to limit the legal protection of the right to keep and bear guns, but after the intervention of the constitutional courts, such irregularities were corrected. The police have been the central body of public authority for centuries, responsible for controlling the implementation of legal regulations governing gun control.

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