Numerous are the administrative appeals which concern the requests for annulment of the prohibitions on possession of weapons issued by the Prefects on the basis of even just a single doubtful episode against the person, in the opinion of the Authority sufficient to generate suspicions on thereliability of the interested party. In fact, the Ministry of the Interior has the discretion to assess any fact deemed doubtful in relation to the subjective requirements for the police title; however we also know that this discretion is not unlimited.
This time it is remembered by the Fifth Section of the Naples Tar, with sentence no. 3150/2021 published on 12.05.2021. In the case in question, the person concerned had been referred for the threat offense but, even if the criminal proceedings had ended with the dismissal, the administrative authority had nevertheless decided to revoke the police title. Well, the court was clear in the explanation of the reasons for accepting the appeal brought by the private. The discretion of the public administration, says the College of Magistrates, must be exercised in compliance with the typical canons of consistency, logic and reasonableness: in the motivation of the measure, account must be taken of the investigation carried out, to highlight the circumstances on the basis of which the subject is considered dangerous or capable of abusing weapons.
One must understand well, in detail, why the person is suddenly deemed dangerous, perhaps despite having had numerous license renewals in the past. The rule to derive the danger of abuse of weapons is the following: it is necessary to evaluate not only the single episode but also the personality of the suspect, so that we can justify a prognostic judgment on its supervening unreliability, such as in the case of violent, aggressive or lacking in self-control personalities. Hence, a single episode, for which the applicant is referred to the AG for the crime of threat, with proceedings concluded with archiving, is not enough to withstand the Prefect's prohibition or the revocation of the port of hunting rifles. Ultimately: an isolated event and an end in itself, not strictly connected to the use of weapons or their possession, does not allow us to believe that the license holder has lost possession of the subjective requirements. Therefore, the appeal accepted and the provision canceled (www.StudioCataldi.it).
these are delicate moments and, looking for the excuse to remove the licenses, in any case I must add that sometimes it is enough to be unpleasant to the agents to find the excuse and write bullshit without looking at the conduct of life of a person, and it happens that they are unpleasant a person and make the relative pay, they make it a personal reason. these details should look at the PREFECTS, because the QUESTORS AND THE PREFECTS are what they bring to them. (as the joke says, I am speaking for a friend) there was a case that a person was attacked, beaten and did not react, he called 113, (the video surveillance filmed EVERYTHING, the police seized everything, 'attacker told a sea of lies (even to law enforcement) eventually revoked the license of the offended person