Appeal and sentence
Even though it expired only a month earlier, go hunting with the firearms license no longer valid, this is behavior that leads directly to the ban on detention provided for by article 39 of the Tulps. This was clarified by the third section of the Council of State (sentence 804/2023), rejecting the appeal of a hunter who had opposed the decision of the Prefect and the Regional Administrative Court of his region.
The tenuousness of the fact
The acquittal ordered in criminal proceedings does not count due to the particular tenuousness of the fact: the administration is in fact called to make a more stringent assessment which, in addition to the violation of the law, takes into account all possible symptoms of unreliability. The prohibition provided for by art. 39 of the Tulps is aimed not at sanctioning and repressing crimes, but at preventing them and protecting public order; therefore, even the slightest element useful to reasonably undermine the idea of an appropriate use of weapons justifies the ban.
Possible abuse of weapons
The hunter was considered unreliable with a "legitimate" assessment anchored to reality and which justifies the prognosis of possible abuse of weapons. Finally, the fact that "failure to renew the license would be the result of a mere forgetfulness" is not relevant: in itself going hunting without a valid license involves an abuse of the weapon which can "reasonably be placed as the basis" of the ban (source : ANUU)
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