A few months ago the Police Headquarters decided to reject the application for the renewal of the license for the port of a shotgun for hunting use to a man because of a criminal record of nearly 40 years ago. In fact, in 1980 this person had been sentenced to 15 days of imprisonment with a fine of 15 thousand lire for the theft of two liters of petrol. Among other things, seven years later the rehabilitation of the hunter took over. Up until now, the renewal had gone smoothly, but in October 2017, things changed.
Il appeal to the Regional Administrative Court it was inevitable. The judges of the TAR accepted him for a very specific reason. First of all, the conviction of the hunter took place a year before the approval of Law 689 of 1981 (Law of decriminalization) and the automatically impeding nature of the interpretation of the Constitution must be excluded.
The legal fact was considered tenuous, given that the theft of a few liters of gasoline it is not considered relevant, therefore the no to the license can never be automatic. For administrative judges, the renewal of the license must take into account the person's custody as regards abuse or not of weapons. 38 years have passed, a detail which together with the rehabilitation proved the applicant right. The administration is now called upon to evaluate the renewal application again.