Brescia TAR Overturns Decision to Deny Judo Instructor Rifle License Renewal

With sentence no. 941 of 27 December 2023, the Brescia detached section of the Lombardy TAR dealt with the appeal by a citizen, a Judo instructor, who was denied by the competent police headquarters the renewal of the license to carry a rifle for hunting use, as it is an object of a criminal proceeding resulting from a complaint which was then withdrawn. The fact arose when the appellant had been entrusted, for one of his lessons, with a little girl by her mother, who had specified the prohibition on entrusting the little girl to others, in particular to the father with whom a stormy dispute was underway judicial for custody. During the lesson, the father actually showed up in the classroom trying to take his daughter away, an action which resulted in a fight with mutual complaints (which were later withdrawn). The citizen had initially presented a hierarchical appeal to the prefect, who however had confirmed the legitimacy of the police headquarters’ action, arguing among other things that the appellant had been the recipient of a six-year ban on possession of weapons, while instead the the measure in question had lasted only two months.

The judges accepted the appeal, arguing that “the Board believes that the inferential prognosis made by the Administration is not adequate from an investigative-motivational point of view: it is clear that the Administration, in evaluating the facts that occurred on -OMISSIS- at the gym of judo and which resulted in criminal proceedings, did not consider that it was the plaintiff who went to the gym and interrupted the judo lesson held at that time by the plaintiff, nor did the Administration consider that the dispute began precisely because of the claim of the plaintiff who showed up at the gym to take away his daughter, against the wishes of his ex-wife. This was therefore the cause of the litigious disagreement followed by factual issues which then merged into the criminal proceedings, where in turn the appellant himself was found to be the offended party. Furthermore, the duration of the effectiveness of the ban on possession of weapons adopted in -OMISSIS- was clearly misrepresented, which was revoked after only two months and not – according to what was stated by the Police Headquarters – after six years, an error that could have been avoided with a complete investigation. The valorisation of this remote element then appears contradictory, when one considers that the appellant from -OMISSIS- is regularly the holder of a firearms license and that the ban on possession was adopted due to a situation of conflict between spouses undergoing separation. It follows that the contested provision lacks an assessment characterized by timeliness and thoroughness of investigation regarding the danger of abuse of weapons, as the proceeding Administration did not evaluate the dismissal of the criminal proceedings and the subjective and objective circumstances of the facts underlying the himself, nor reported new conduct likely to generate doubts on the current reliability of the appellant”.

The measure was then annulled, condemning the administration to pay the costs.

2024-04-16 11:02:49
#prevented #kidnapping #minor #gun #license