The Quaestor can revoke the firearms license if you doubt the reliability of the licensee afterwards a condominium dispute concluded with injuries. To proceed with the revocation of the firearms license, the communication of the crime report for beatings and injuries resulting from a condominium dispute is sufficient. Previous abuse in the use of weapons need not be established, a violent quarrel between neighbors is enough to cause the Chief of Police to question the reliability of the owner of the weapon. After all, the port of hooks is only issued to people in possession of one irreproachable conduct, endowed with a good psycho-physical balance and part of a peaceful social and family environment.
These are the conclusions of the Lombardy Regional Administrative Court in the sentence no. 964/2021 at the end of the following story. A citizen appeals against the Ministry of the Interior to request the annulment of the provision by which the Quaestor has revoked his firearms license for the possession of a hunting rifle and related personal booklet after the Carabinieri have acquired the communication of the crime news against him. In fact, the applicant was accused of beating and personal injury committed against a neighbor during a dispute and the subject of mutual complaints. In appealing to the Regional Administrative Court, the citizen complains about the failure to communicate the start of the revoc procedureto the firearms license, with the consequent impossibility of contesting the version of the facts of the Carabinieri and of proving the complaint of slander filed against the neighboring plaintiffs.
The appellant also points out the inadequate justification with which the Quaestor came to a judgment of unreliability against him and the failure to ascertain the instrumentality of the neighbor's complaint, given that it was not followed by a criminal action. Then complains the failure to ascertain dangerous profiles against him such as to suspect an abuse in the use of arms, censoring the judgment of unreliability, especially since it refers to an isolated episode. The Lombardy Regional Administrative Court, however, rejects the appeal, highlighting that art. 43 paragraph 2, of the regio decree n. 773/1931 attributes to the Questore the discretionary power to refuse the license of firearms to those subjects "who do not trust not to abuse it" on the basis of the ascertainment of atypical circumstances, other than criminal responsibility.
When the Quaestor decides to revoke the port, it is therefore sufficient for him to believe that on the basis of the “most likely than not” principle the license holder is not reliable. It is not necessary for the same to indicate in detail in the revocation measure the regions for which it disposes to do so. It is sufficient for the same to indicate the factual conditions suitable to make him doubt the subject and the way in which he uses weapons. In the present case, the Quaestor adequately motivated his decision, based on a dispute between neighbors, which ended with personal injuries of both litigants, ascertained by the report of the Emergency room.
From these facts, the commissioner deduced that the existing high level of conflict could also lead to episodes characterized by greater violence. Therefore it does not even note that the lawsuit filed by the neighbor against him no criminal action is followed. The facts that the Police Headquarters has placed as the basis of the revocation "reveal in their objective materiality, as indicators of the absolute lack of reliability of the subject". Given the groundlessness of said complaints, also the first reason, with which the appellant disputes the failure to communicate the initiation of the procedure, is unfounded (studiocataldi.it)
LAST YEAR, (JANUARY 2020) A PERSON HAS BEEN ATTACKED BEHIND THE SHOULDER BY ANOTHER PERSON, (BECAUSE THEY WANTED THE CAR PLACE ALREADY OCCUPIED BY THIS PERSON,) SUBJECTING TO PUNCHES IN THE FACE, THE AGGREDITE CALLS THE FORCES OF ORDER AS SOON AS THE POLICEMEN ARRIVED, THE AGGRESSOR HAS DECLARED THAT THE OTHER HAS AGGRESSED HIM, THE POLICEMAN WITHDRAWED THE VIDEO RECORDINGS AND SAW THAT THE AGGRESSOR TOLD A LIE IN FACT HE HAS AGGRESSED THE VICTIM, THE VICTIM NOTHING HAVING FEBRUARY 2021) THE HIM REVOKED THE CARRIER OF WEAPONS TO THE VICTIM, (DO YOU THINK THAT ALL BELIEVE IN JUSTICE?)