Having tense relationships with relatives precludes the right to keep guns or rifles at home. This was established on Brescia Tar which rejected the request of a cacciatore resident in upper Valcamonica against the decision of the prefecture not to grant him the gun license. A suitable measure for «the evident and undisputed situation of high tension in the interpersonal relationships, the gravity of which is such that it can constitute a favorable opportunity for episodes of anger and outbursts of anger in which possession of weapons would be dangerous ”, reads the sentence. The measure adopted, the sentence specifies, "is therefore not of a sanctioning type, nor punitive, but of a precautionary nature ".
In August, the Prefecture, on the basis of the police report of a lawsuit filed by two people against the applicant for the crimes of damage and threats, had prohibited him from possessing any type of weapon, deeming the necessary requisite of reliability. According to the applicant, however, the measure was based on a single incident of damage to the glass of a car, for which it is only registered in the register of suspects. The responsibility for the situation, according to his defensive memory, was provoked "by the unjustifiably oppressive and persecutory conduct carried out against his family, lastly extended also to the in-laws, by two sisters - incidents however reported to the police, the mayor and the judicial authority -, and that the measure was taken on the basis of a complaint-lawsuit without evidential efficacy ".
And, again according to the applicant, that he had produced a series of references on his moral and civil righteousness, "The provision prevents him from going hunting, with unjust compression of his rights". According to the TAR judges, however, “the prefect has the right to prohibit the possession of weapons to persons deemed capable of abusing them. The reliability judgment is aimed at protecting public order and safety, and presupposes that the interested party observes a conduct of life marked by punctual observance of the criminal rules and the protection of public order, as well as the common rules of good civil coexistence, such as not to bring out symptoms and suspicions of improper use of the weapon". In the specific case, «the overt situation of conflict is therefore suitable to support the prohibition of hold weapons, since the precautionary need to guarantee the safety of persons must legitimately prevail over the applicant's interest in the use of weapons for sporting purposes "(Giornale di Brescia).