Rifle port license: Below we report some very recent principles sanctioned by the CdS on the subject of rifle port licenses which unfortunately demonstrate the prejudices that the administrative judges have in terms of weapons.
1. In our legal system, the authorization to possess weapons must be considered exceptional and the safety requirements of all citizens are prevalent and priority, so the request for firearms license can be satisfied only in the hypothesis that there is no danger that the subject may abuse it by requesting that the interested party be exempt from mende and above any suspicion or negative clue in such a way as to avoid doubts and perplexities under the profile of the order and public safety. Therefore, the revocation or refusal of the authorization can be adopted on the basis of a largely discretionary judgment regarding the predictability of the abuse of the authorization itself, even isolated but significant facts may be relevant.
2. The authorization to detention and al firearms license postulate that the beneficiary observes a conduct of life marked by full compliance with the criminal laws and those set up to protect public order, as well as the rules of civil coexistence, consequently the evaluation of the Public Security Authority, characterized by wide discretion, pursues the purpose of preventing, as far as possible, the abuse of weapons by persons who are not fully reliable, so much so that the judgment of "unreliability" is justifiable even in situations that have not given rise to criminal convictions or public security measures, but to situations generally not attributable to "good behavior" (see State Council, section III, 19/09/2013, no. 4666).
3. La firearms license can be denied or revoked even in the absence of prejudices and contraindications connected to the correct use of weapons, since the administrative authority can value, in their objectivity, both facts of crime and personal events and situations of the subject that do not assume criminal relevance, even if not relating to the matter of weapons, from which it is possible to infer the incomplete "reliability" on the part of the person interested in the use of the same (see Cons. State, section III, 29/07/2013, no. 3979) .
4. The rules referred to in Articles 11 and 43 of the RD 18 June 1931, n. 773, in addition to the typical hypotheses of restricted denial, connected to the conviction for some crimes, allow for the denial of police authorizations also in other cases being provided, in art. 43, that "the license can be refused to those convicted of crimes other than those mentioned above and to those who cannot prove their good behavior or do not trust not to abuse weapons" (proof of good behavior, following the sentence of the Court Const. No. 16 of 1993 December 440, weighs on the Administration). Therefore the circumstance that the applicant has been subjected to security measures and detained under house arrest is entirely significant as it can justify a judgment of non-existence of the subjective requirement of "reliability"; the motivation is sufficient to make the logical procedure followed understandable and the conclusions adopted not illogical; in fact, this is a suitable element to found the evaluation made by the Prefect, of which no unreasonableness or lack of investigation is highlighted, in light of the propensity of the interested party to violate the rules (CdS, section III, sentence 5398 of 31 October 2014).
Viagrande (CT), on 7 November 2014
Dr. Giovanni Di Giunta
to National Union of Hunters