Carrying Firearms on Shabbat

Question

I recently obtained my license to carry a firearm for personal protection and maybe even to assist others. I'm wondering, is it permissible to carry the gun even on Shabbat, I live in a place that has an Eiruv? I'd appreciate your guidance on this matter.

Answer

Thank you for your question.

As you correctly wrote it is prohibited to carry an item from one reshut (domain) to another, this could even involve a melacha de’orayta, in a case that one wouldcarry an item out from a reshut hayachid (Private domain) to a reshut harabim (Public domain).

There are exceptions for example one may go out wearing one's clothing, one may also go out wearing jewelry since they can be considered as part of one's clothing. This Halacha is learned from the Rambam

רמב"ם הלכות שבת פרק יח

אף על פי שהוא מלובש בכליו וטבעותיו בידו פטור שהכל טפילה לו

“Even though he is wearing his garments and has his rings on his fingers, he is exempt, since they are are considered his accessories”

Nevertheless, we do find a rabbinic decree that prohibits wearing the type of accessories that a person might take off while walking outside. This is because the rabbis were concerned that one might unintentionally remove such an item while walking in a Reshut Harabim, where it is forbidden “min hatorah” to carry anything for 4 amot. For example, a person may not go out wearing sunglasses (unless medically required) since they might remove them while walking in Reshut Harabim

If, however, it is a type of accessory that one does not remove, for example, many poskim are lenient about allowing a person to wear optical glasses (not reading glasses) when going out, since one needs them to see where he is going, he would not remove them while walking.

When we analyze carrying a gun on Shabbos:

Muktseh:

First, is a gun muktsah since it is intended to kill or injure someone, which is forbidden to do on Shabbos? One could argue that a gun should be muktseh machmas issur. However, Lehalocho we say that since it is used only in instances of pikuach nefesh, therefore the usage of the gun is for a permitted purposes, and it would not be considered muktsah machmat issur.

Hotsa’ah (carrying):

Regarding carrying the gun; the Shulchan Aruch writes as follows

שולחן ערוך אורח חיים הלכות שבת סימן שא סעיף ז

ואשה לא תצא בתכשיטים שדרכה לשלפם (פי' להסירם מעליה) ולהראותם….הלכך לא יצא איש לא בסייף ולא בקשת ולא בתריס (פי' מגן) ולא באלה ולא ברומח ולא בכלים שאינם תכשיט, ואם יצא חייב חטאת,

Shulchan Aruch, Orach Chayim, Laws of Shabbat, Siman 301, Se’if 7:

A woman should not go out with ornaments that generally one removes to show to others…. Therefore, a man should not go out with a sword, bow, shield, lance, spear, or any items that are not ornaments; if he does, he is liable for a sin offering."

ולא בשריון ולא בקסדא (פי' כובע של ברזל) ולא במגפים (פי' אנפלאות של ברזל), ואם יצא פטור שהם דרך מלבוש.

Nor should one go out with armor or a helmet (meaning an iron helmet) or greaves (meaning iron leg armor), but if one does go out (wearing these), they are exempt because these are considered a form of clothing.

We learned from the halacha above that there is a difference in the types of armor one is wearing. If it is protective clothing, then it is a rabbinic prohibation, as explained by the Mishnah Berurah (citing Rashi on Tractate Shabbos 64b). This is a rabbinic prohibition because it appears to bystanders as if he is going to fight on Shabbos.

However, weaponry that a person uses in battle is prohibited to carry, as the Shulchan Aruch states, because it cannot be considered an ornament; rather, it is like a tool that one takes out to use, so it would be considered as Hotsa’ah.

So, circling back to your question, since you live in a place where there is an Eiruv, there isn’t a problem with Hotsa’ah. And as we explained, there isn’t, me’iker hadin, a problem of muktzeh. Therefore, yes, in a time of insecurity, one may carry a gun on Shabbos.

Wishing you well.


Source

Rambam, Hilchot Shabbat, Chapter 18

Shulchan Aruch, Orach Chayim, Hilchot Shabbat, Siman 301, Se’if 7

Mishnah Berurah ibid


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