This is a study of legislation on the subject of gun control under the Fascist regime, particularly from the viewpoint of the right of lawful access to arms. Since the beginning I realized that this research could not be possible without introducing gun legislation in Italian history starting from the Roman age. As we’ll see, the Fascist regime promulgated laws that increased and encouraged shooting disciplines but in the meanwhile – very subtly – introduced control. Access was reserved only to citizens who had shown total compliance to the regime itself, excluding all others.

 

 

The most ancient definition of a weapon in Roman law is given by the jurist Ulpiano and later by Iustinianus in his Institutions (lib. IV, XVIII, de publicis judiciis, § 5): «Telum autem, ut Gajus noster ….” that considered as a weapon any object useable in an offensive or defensive manner without making any distinction between the two. A distinction wasn’t useful because weapon possession was not prohibited to Roman citizens but only their use in criminal activities.

 

Another restriction on weapons use is found in the law Julia Majestatis, that considered it a sacrilege and punishable with the death penalty any attempt “ ….to take weapons against the Republic..” while the following law “Julia de vi publica” prohibited the possession of a number of weapons superior to those normally necessary for hunting, travel or navigation. Also excluded from this prohibition were weapons inherited or necessary for self defense use. This same law punished whoever would use weapons in a robbery and the use of weapons was considered an aggravation of crimes against the public safety and order.

 

The use of weapons was considered lawful in defense of property against aggressors, under the condition that aggressors showed themselves armed even without using them or, the aggressors arrived without weapons but armed themselves with improvised weapons found in place like sticks or rocks (fustes aut lapides sumerent). This very same edict recognized once and for all the right to self defense “arma armis repellere” as an immediate response to a received attack.

 

In truth we must admit that possession of weapons was reserved to Roman citizens only; it is an historical fact that Romans were absolutely uncompromising regarding the possession of weapons by non citizens or former enemies. In the case of Carthage, weapon deprivation of citizens was a condition of the peace treaty, so the citizens of Carthage realized too late that they could not melt statues to make swords and spears.

 

The spread of firearms at the beginning of 1800s, extremely lethal in comparison to former weapons types, and the revolutionary climate forced the adoption of new restrictive legislation by reigning European dynasties. Following the example of British and French laws, that had introduced the prohibition of and the possession of guns under the penalty of death, the King of Sardinia adopted a similar measure in book IV, title XXXIV chapter XIII , prohibiting “....in absolute manner the keep and bear of both firearms and edged weapons ....”. The introduction of this new prohibition, only apparently definite and resolute, did not distinguish between a forbidden weapon and a normal work instrument like an ax or a knife.

 

The apparent solution to this problem is found in the Penal Law Code of the Grand Duchy of Tuscany (1853) that makes an important distinction between proper and improper arms. Stating as “proper weapons” those tools born to be used for offense or defense (even if used for hunting) and “improper” weapons all those tools ordinarily destined to a diverse utility but useable as a weapon in certain circumstances where they are used to maim, kill or wound. For the first time, but sadly not the last, prohibition is not based on the use of the tool but on the nature of the tool itself.

 

With the introduction of paragraph 453 of Italian Penal Law Code (Kingdom of Sardinia) of 1859 – that copies the code of Tuscany – the distinction between proper and improper weapons was adopted and remains in Italian legislation until the current day.

 

Another important distinction is between insidious and non-insidious weapons. Stating as insidious all those weapons that, because of their small dimensions or particular design, were engineered to be easily hidden or particularly suited to be used in subtle assaults. Insidious weapons like small daggers, small pistols and short barreled shotguns were identified and the use, carry or possession of these weapons was met with even harder punishment.

 

The distinction of the different kinds of weapons – kept valid today under current law – is so difficult that the law itself spends many words describing various examples of them like “coltelli fusellati” (stiletto knives), short pistols (like Derringers) and pistols with a barrel shorter than 171 millimeters, air guns (at the time called wind weapons) ...

 

Despite the efforts of the law, police abuse was an everyday occurrence and courts had a hard time deciding that improper arms are not engineered as weapons, were never to be considered insidious while “... the woodworker’s file, if reworked to be similar to a stiletto, is an insidious weapon...”

 

As we can see the introduction of absolute prohibition or possession of arms is a radical change from ancient Roman law and the right to carry a weapon and thus the right to self defense becomes – as it is today in most of Europe – a privilege conceded by the Government or its local officials to selected members of the population.

 

 

Italy emerged from World War I as a winner, but its internal situation was desperate. The northeast part of the country had become a war front, completely destroyed and with hundreds of thousands of refugees. 

 

The birth of the Yugoslavian state at the eastern borders, wanted and favored by US President Wilson, had been awarded many territorial concessions that had been promised to Italy for entering the war with the Allies. The result is a sentiment of “crossed victory” together with the difficult international situation, the national economic crisis caused by an endemic shortage of goods of any kind, the progressive demobilization of a now not useful army and a costly and somewhat impossible conversion of the war industry.

 

The grave state of poverty of the country sparked a series of fights – mostly caused by the revolutionary fringe of the socialist party – between former soldiers and workers who addresses to each other the responsibility of the betrayed victory and the current situation. This period saw a growth of revolutionary movements, stimulated by the success of the soviet revolution in Russia.  The end of the war permitted the restart of labor unions that sparked conflict even more. Right wing parties fostered the growth of formations that contested government activity, particularly on the subject of the peace treaties that had given nothing to the country for its victory. The betrayed victory sentiment stayed in the country for a long time. Even today a victorious war like WWI is remembered in Italy with discomfort.

 

 

The situation of public anger was the cause of the birth of the Fascist party that was born on March 23, 1919, in Milan adopting symbols like the skull and black shirt, taken from the Arditi, Special Forces assault units of the Italian army.

 

The first speech of Mussolini –a former socialist journalist - in the Fascist party was the “Speech of San Sepolcro” on March 9, 1919, where Mussolini invoked the creation of a national militia and the seizure of privately owned of guns and ammunition factories around the kingdom. This action must not be read as an attempt to deprive the population of guns and ammunition, but must be considered under the point of view of time where, in the public opinion – a small bunch of industrials had become rich with war production despite the extreme poverty of the population.

 

Just twenty days after the foundation of the Fascist party the newly born action squads – direct action groups created to contrast the socialist party – hit their left wing adversaries in the streets of Milan and assaulted the socialist newspaper Avanti, where Mussolini had worked as a journalist.

 

On June 23, 1919, a new government took charge in place of Vittorio Emanuele Orlando, who was considered responsible for the betrayed victory. On November 16, 1919, new elections were held with the socialist party being victorious (32% of the vote). This resulted in even more strikes and demonstrations followed by fights in the streets caused by the revolutionary wing of the socialist party itself that tried to take the opportunity to start a revolutionary regime based on the soviet model. Industrialists and land owners began to look to the Fascist party leader and his war veterans as the only active response to the imminent revolution.

 

The situation grew worse by the day but the Fascists, whose action squads are filled with experienced veterans superior to their socialist adversaries even when outnumbered 10 to 1, begin to obtain results and rapidly become the “public order” protectors in the public eye.

 

After a national congress in Naples, Mussolini recruited over 40,000 militants. Mussolini declared a “March on Rome” to force the King to appoint him Prime Minister. So he put together a contingent of over 50,000 militants in the northern Lazio region of Italy and on October 22, 1922, began a fast advance towards Rome, but was stopped by the army at gunpoint.

 

The truth is that the army could have shredded the Fascist formations into pieces because many of them where nothing more than a token force, but the King decided to avoid another massacre and called Mussolini to Rome and appointed him Prime Minister.

 

The most important and first of Mussolini objectives – for the safe continuation of his own government and power position – was the dismantling (at the time called “normalization”) of the action squads that continued to cause violence in the country, often for private feuds. It was not an easy task since the Fascist regime power movers like Italo Balbo and Roberto Farinacci used action squads as a lever against Mussolini himself. 

 

After the murder of socialist deputy Giacomo Matteotti, who had personally accused the Fascist of many acts of violence, Mussolini realized that the “normalization” of action squads could not be postponed any more. In 1925 and 1926 Mussolini passed a series of illiberal laws dismantling all political parties except the Fascist party, stopped freedom of expression, reunion or public talk, reinstated the death penalty and created a special tribunal for acts against the State, with ample powers of arrest and imprisonment even on the feeblest evidence. The normalization of action squads remained an unsolved problem, since they are protected by the regime power brokers like Balbo and Farinacci.

 

 

Mussolini’s solution to the problems associated with the normalization of the Fascist action squads under control and authority of the Fascist bosses was the creation of the National Security Militia. This was a true party guard of minimal military capabilities but of great adherence to party credo, very similar to Revolution Guards of Iran or the Dignity battalions of Manuel Noriega in Panama.

 

The Militia was created with King’s law 31 of January 14, 1923, that states, “The militia is at the service of God and country and at the orders of the Chief of the Prime minister. Maintains public order together with police forces and keeps citizens organized in military formations for the defense of the interests of Italy in the world...”

 

The militia was not organized under current military standards but adopted a paramilitary organization with units whose names and ranks recall military formations of the roman age; the squad sergeant is a Decurion (ten men commander in Latin) the colonel is a Centurion. Rank was assigned upon election from the base, except for “...some proved men ...” who obtained rank and command functions by decision of the organization; an easy way to cut off the ascent of extremely popular members who were not in line with the Fascist party.

 

The disciplinary rulebook was instituted with the King’s decree of March 8, 1923, number 831 and defines the Fascist militia man as “a servant of Italy who, in a mystical purity of spirit, with indestructible will….” For the militia member the uniform was official recognition of authority by the party and the state. The Carabinieri, militarized police, and armed forces didn’t like the new formation that absorbed many of their resources.

 

The birth of the Militia did not solve the problems of violence and personal feuds inherited from the action squads and many times militia and Carabinieri police were on the verge of armed confrontation.

 

The militia functions were defined by the King’s decree of August 20, 1923, number 1880 that states the militia member does not swear allegiance to the King but to the Duce, Mussolini. Recruitment was voluntary (article 3) and was made among men between 17 and 50 years of age. Members attended to their normal occupations until called to duty. Members kept their uniforms at home but returned their guns and ammunition at the end of their duty (rifle Carcano 91 and pistol).

 

Also, officers and NCOs were called to duty, except for 10% that were on permanent duty. The militia didn’t use the military salute, they adopted the roman salute with the arm extended in front. The militia had its own medical and religious services and easily obtained buildings and resources previously destined to the army by the ministry of war. Subscription to the Fascist party was mandatory for all its members. Military attitudes, despite the almost infinite availability of resources were indeed scarce. And this was displayed without doubt during the Spanish Civil War where the militia showed all its deficiencies

 

The Italian Shooting Union took its origins from the “National Shooting Society” established in 1861 by Gen. Giuseppe Garibaldi whom, ten years before Gen. George Wingate and Col. William C. Church, founders of NRA, recognized the importance of shooting training for citizens independent from military formations. The first disciplines were based on military guns and distances (100-200-300 meters) and the society members elected their president and council members. On May 26, 1894, the now renamed “Union of Italian Shooters” began matches with the army’s rifle, the Carcano 1891, and again 1919.

 

With law 2051 of November 21, 1932, the national shooting organization was put under command and control of the National Security Militia and local shooting activities were reorganized under the direction of a militia officer resident in the area of the shooting range. Article 25 states that shooting activities can be directed only by a militia officer but the true (illiberal) innovation is with article 39 that states that to become member of the shooting range and have access to shooting activities, the citizen must have obtained a physical and moral certificate and this must be obtained through county officials with the approval of the local police commander. This was a not too subtle way to control access to shooting ranges and training, and to reserve it to proven and party favorable citizens only.

 

The Public Security Code, on the other hand, prescribes this very same certificate as a condition to obtain any gun related license like possession licenses and carry permits. Legal access to guns is thus banished to citizens not in line with the Fascist party. Thus shooting activities faded from recreational and sport shooting into military indoctrination and certification, and privately owned ranges were declared areas of military interest and put under command of the militia.

 

 

Within its effort of militarization of the Italian society, Fascist authorities understood very early that hunting activities were a wonderful tool for military indoctrination of citizens. In 1932 the regime organized a national hunters’ rally in Rome and Mussolini introduced his “first hunter of the nation” image in the public eye. 

 

In 1932 the Fascist regime gave birth to the National Fascist Hunting Association. With the first Acerbic law the importance of hunting activities was recognized as a prelude to military training. Based on this, they introduced the idea of the superiority of the right to hunt over the right to own property. In 1939 the second Acerbic law promulgated shifting hunting pressure from resident to migratory fauna and gave a strong impulse to wildlife augmentation activities.

 

 

 

With the fall of Fascism on September 8, 1943, and the armistice, Mussolini was put under arrest by order of the King by two Carabinieri officers. Mussolini will be taken on Gran Sasso Mountain and was freed by the Special Forces of Colonel Otto Skorzeny on orders from Hitler. 

 

Mussolini founded the Social Italian Republic (R.S.I.) for the continuation of the war effort against the allies in Northern Italy. The Carabinieri militarized police paid dearly for this.   They were disarmed and 2500 of them – who refused to join the Social Republic armed forces – were deported to German concentration camps. Most of the remaining Carabinieri (11,000 members) joined the monarchist and catholic groups of the freedom fighters formations. In the meantime, private citizen gun ownership followed the same path of the Carabinieri guns.  There was a public consignment order and house by house requisitions based on gun registration files kept by local police stations. Non adhering gun owners were summarily executed under subversive or bandit charges.

 

 

From the purely historical point of view it’s easy to acknowledge that the Fascist regime, unlike Nazism and other totalitarian regimes of the modern and contemporary eras did not impose laws against guns ownership in private hands. Quite the opposite, the regime encouraged shooting and hunting activities, imposing the predominance of hunting rights over land property rights as the land owner could not forbid hunting on his land. 

 

This concept is still valid today, like many Fascist laws, but with some later modification. But after a deeper analysis we can observe that, in shooting activities, the Fascist regime organized detailed control of shooters that mandated registration of any shooting activity together with gun serial numbers and expended ammo.

 

After this very brief analysis we can learn some important lessons, still valid today:

 

·The compression of gun related rights doesn’t necessarily need a law, – as today in Italy – it being sufficient, the different application of existing laws, taking advantage of the fact that administrative action is not submitted to the control of any citizen elected authority.

 

·The introduction of apparently “pro gun” laws can, as a matter of fact, hide the true objective of gun control institution, with the result being the reduction gun rights even for those citizens nearer to the power in charge, like militia members.        

In conclusion, the subjugation of shooting activities to military supervision instituted by the Fascist regime is a very heavy inheritance to the gun rights situation in Italy. A citizen wanting to obtain a gun license must become a member of the Italian National Shooting Union and obtain a gun safety certificate. And any non-licensed citizen wanting to join a National Union public shooting range must attest to his good conduct by a self declaration.

 

The opening of private shooting ranges was complicated by the Ministry of Interior and the Italian Shooting Union until the 1980’s despite the absence of any law prohibiting the opening of private shooting ranges. The opposition was settled after a small group of shooters won in court after a three year legal battle.

 

The Italian Shooting Union, despite the power of more than 5,000 members and official recognition as a state interest organization by law, is strongly subjugated to even the freakiest disposition by the Ministry of Interior. And does not endorse any kind of pro gun lobbying and indeed constitutes a weak point for the Italian gun rights movement.

 

A blatant example of this is the recent ruling of the Ministry of Interior 557/PAS.50.105/E/08 of 16.4.2008, that bans minors from shooting activities except with 22 LR guns of the type previously approved by the Ministry itself and only in authorized disciplines. They maliciously invoke the UN International convention on minors’ rights that bans minors from military activities (unless voluntarily enrolled in armies). Thus banning minors from shooting activities that are not military activities or military training except in the minds of gun haters, totalitarian regime proponents and thus, Fascists.

 

The inheritance of Fascist gun control and mindset on honest citizens’ gun rights in Italy is, still today, a heavy and serious burden on the way to freedom.