Il Tar of Campania sanctioned that for the purposes of lifting the ban on possessing weapons and ammunition, even in the case of convictions relating to weapons it is necessary to evaluate the favorable elements that have arisen. In the present case the applicant had negotiated a penalty for illegal carrying of weapons and hunting in a period not allowed, for an episode dating back to over twenty years earlier. The TAR, overturning the now constant orientation of the prefect, canceled the provision of prohibition of possession of weapons. In the case in question, back in 1995 a hunter was hit by a ban on possessing weapons and ammunition, for a crime that was later declared extinct. pursuant to art. 445 of the criminal procedure code.
The story originated from the prefectural decree that struck a hunter in the now distant 1995, laying down precisely the prohibition of possessing weapons and ammunition pursuant to Article 39 of the Consolidated Law on public safety laws. The hunter had been referred to the judicial authority for having practiced hunting in a period of general prohibition with acoustic calls, and for the violation of the provisions on gun control, as set out in Article 2 of Law 895 / 1967. The man then obtained the declaration of extinction of the offenses pursuant to article 445 of the criminal procedure code, negotiating the penalty as mentioned. In the light of this circumstance, and since more than twenty years have passed since the prefectural decree, the citizen had proposed a petition in self-protection to see his position reconsidered and to obtain the lifting of the ban on possessing weapons and ammunition. However, the administration rejected the request to initiate this revocation procedure, arguing that the conditions had not changed.
The man, assisted by his own trusted lawyer, the lawyer Nicola Lauro, filed an appeal against this act, affirming the existence of violation of the law and excess of power, contesting in particular the inadequacy of the investigation and the absence of clear explanation of the reasons why the applicant was found still capable of abusing weapons. According to the defense, the Prefecture had limited itself to assuming that the convictions reported in the past are sufficient to prevent the issue of the license, without making any new assessment of the facts subject to the convictions, despite the over two decades passed and without at all considering the rehabilitation that took place, incorrectly applying the rules of the Consolidated Law on public safety laws (IlGolfo24.it).