Ua delicate affair. That sees the judge of the Fifth Chamber of the Regional Administrative Court of Campania agree with a citizen of Teano and condemn the Caserta Police Headquarters. In fact, the Questore had rejected the citizen's request for the release of the rifle port for sporting use but the judge has given him wrong for a series of reasons that will make jurisprudence. In practice, the Caserta Police Headquarters with an act of 2014 denies the applicant the release of the firearms license for sporting use.
With this motivation (in short) after the reports of the carabinieri of Teano, Piedimonte Matese and Naples: "There is the non-existence of the requirements of good conduct and reliability unavoidably required by the current legislation on weapons since the applicant, as a drug user, could, under the influence of drugs, abuse any weapons acquired and present in the home ". Except that there are some things that the police has not taken into consideration. And here the donkey falls.
So much so that then the appellant wins the appeal to the TAR. For the judge, in fact, "the applicant following the warning from the Prefecture of Caserta not to use drugs anymore, spontaneously underwent the therapeutic and socio-rehabilitation program at the ASL of Caserta - Dependence Department, Operative Unit - Sert di Teano and that, upon the outcome of the therapy, the health facility certified that the person concerned "after a suitable period of observation, with toxicological checks and interviews, has successfully concluded this procedure, obtaining a useful experience from the therapeutic point of view and from the socio-rehabilitative point of view ".
Of this thing, however "there is no trace in the contested provision, given that the positive outcome of the therapeutic and socio-rehabilitation program is not evaluated"As the Caserta Police Headquarters" was limited to contesting the two incidents that occurred in 2011 and noting the failure to exhibit the additional health certification that the person concerned had reserved the right to produce ". For the judge at the Police Headquarters “there was no thorough evaluation of the overall conduct of the person concerned after the reported episodes, both from the working point of view and in general in social and interpersonal relationships, suitable to sustain the prognostic judgment of non-reliability regarding the good use of weapons "(Casertanews).