National Assembly Approves Presumption of Lawful Use of Weapons for Officers in First Reading

Paris – 08 July 2026: On Tuesday, 7 July 2026, the National Assembly adopted in first reading a provision that grants the police and gendarmerie a presumption of lawfulness when using firearms. The roll-call vote was 313 in favor and 199 against; the result is documented in the public Scrutin of the Assemblée nationale. The text is part of a broader internal security package and is intended to clarify relevant provisions in the Code de la sécurité intérieure.

The initiative stems from a proposal by Les Républicains deputy Éric Pauget and was revised several times during the parliamentary process. A government amendment replaced the initially discussed phrase of a “presumption of self-defense” with the now adopted specific presumption of lawful use of weapons in the line of duty. According to the government, the new terminology creates clearer points of reference to the applicable rules on operations and avoids misunderstandings about a general reversal of the burden of proof.

The text was supported by parts of the presidential majority (Renaissance, MoDem, Horizons) and deputies from Les Républicains; votes from the Rassemblement National camp bolstered the majority. Supporters point to the protection of officers in acute danger situations and to legal certainty in dynamic operational scenarios, for example in active shooter or terrorist incidents. Police unions such as Un1té police welcomed the decision as a “clarification” that could reduce uncertainties in investigations following firearm use.

Sharp criticism came from the left-wing opposition and from human rights organizations. Amnesty International France and the Ligue des droits de l’Homme warned of a de facto erosion of judicial oversight and of risks for those affected by fatal police operations. Critics especially argue that a statutory presumption could influence investigations and make it harder to prove disproportionate use of force. Constitutional concerns have also been raised in judicial circles; observers consider referrals to the Conseil constitutionnel possible if the text passes Parliament in the same form.

The debate in the Hémicycle was accompanied by protests and loud interjections. Several media outlets reported activists in the galleries, including supporters of Assa Traoré, who pointed to cases of fatal police violence. Government representatives, by contrast, emphasized that the draft does not change the duty of proportionality or the individual accountability of officers.

Further steps remain before the law takes effect: debates in the Senate, possible changes during conciliation, and a further reading in the National Assembly. Legally central will be how courts delimit the presumption and integrate it with existing rules on self-defense, states of emergency, and use of service weapons. The vote thus marks a milestone victory for the government but at the same time opens a fundamental debate about the relationship between internal security and rule-of-law oversight.