Owner of a hunting permit for twenty years, a man from Trentino has seen his rifle port be withdrawn for “lack of the subjective requirements of reliability and good conductFor driving under the influence of alcohol. An episode defined in criminal proceedings is disputed, but the Police Headquarters has taken into account that in the hunter's past there had been "multiple violations of the highway code for driving in a state of intoxication with consequent suspension of the driving license ". Years have passed and in the meantime there has been rehabilitation: the Police Headquarters, as highlighted by the TAR in the sentence published on 12 April, must take this into account and proceed with a new review of the application for the release of the rifle port.
The hunter initially had both the hierarchical appeal to the Government Commissariat is a first appeal to the TAR because - it was highlighted in the sentence - "it is not manifestly unreasonable on the part of the Public Security Authority to have considered the elapsed time still insufficient, equal to six years, in order to believe that the problems of abuse in question have been overcome and, therefore, to have considered the issue of the applicant's license to bear arms still premature ".
The man, however, did not give up and, sure of his own rehabilitation, he presented a new application for renewal of the license of the firearms license accompanied by the medical certificate of eligibility for renewal, issued by the health company following the acquisition of the certificate of the general practitioner. The request was again rejected by the police, to which the hunter, through the lawyer Andrea Antolini, replied with a request for self-protection review. This time the documentation presented was more substantial: in addition to the medical documentation, they were attached the certificate of the Alcoholic Center of the Healthcare Company, to testify through official papers that he has "radically changed his behavior and habits for some time, giving proof of his reliability and good conduct".
The administrative judges - president Fulvio Rocco, councilor Carlo Polidori, draftsman Cecilia Ambrosi - citing a sentence of the Lombardy TAR they underline that, in the matter of police licenses, the Administration's evaluation area is largely discretionary, and that it must give priority to the protection of public order and security over that of the private sector. "However, the wide discretion in the probabilistic judgment it cannot result in the omission of the assessment of the concrete circumstances and their actualization ". The Trento Police Headquarters is therefore invited to review the procedure in the light of the new documentation (The Adige).
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