In sentence no. 25.965 of 15 June 2023, issued by the Criminal Section I of the Cassation during the hearing of 15 March, the debate was reopened on the concept of omitted custody of weapons pursuant to art. 20 of law 110/75 and, consequently, on the notion of "diligent" custody of weapons. The decision of the Cassation arose from an appeal presented by a citizen who had been convicted of failure to custody, with the consequent seizure of his weapons.
In the appeal, the citizen highlighted that the court had not taken into consideration the evidence attesting to the diligence with which he had kept the weapons. He stressed that the weapons were unloaded and not ready for use, and that he had fitted his home with lockable doors and grilles on the windows, thus providing additional security.
The judges of the Cassation examined the case and noted that the contested sentence had based the judgment of liability on the identification of the weapons, duly reported, which had been found on a sofa and subsequently placed in places that were not locked and of any security system. Furthermore, they noted that several rounds of ammunition had been found next to the weapons, on a table in another room and in an unlocked cabinet in the corridor. These elements led to the conclusion that the weapons had been stored in a careless way, as they were easily accessible and were located inside an isolated building with an aluminum framed glass entrance door, equipped with a drum lock that it offered no particular security.
The Cassation observed that the court had not made any mistakes in ascertaining the methods of custody of the weapons by the defendant. The lack of diligence in safekeeping had been assessed on the basis of the documented circumstances, in particular the presence of the weapons in visible places and easily accessible by any visitor, as well as the use of ordinary door locking systems which were not sufficient to protect the weapons from potential criminals. Although the weapons were unloaded, the presence of ammunition in the vicinity of them still made them usable.
This ruling by the Supreme Court offers an opportunity for insight into the issue of non-custody of firearms and the responsibility of individuals to ensure adequate custody of their firearms. Omitted custody of weapons is a crime set forth in article 20 of law 110/75, which provides for severe penalties for those who do not maintain due diligence in the custody of their weapons.
The concept of "diligent" custody of weapons is central to this ruling. The Cassation clarified that diligent custody requires the adoption of adequate security measures, in order to prevent theft or unauthorized access to weapons. These measures may include the use of secure locks, the installation of alarm systems or the storage of weapons in a locked place. The presence of ammunition in the vicinity of firearms can also affect the assessment of safekeeping, as it makes the firearm potentially dangerous and usable.
Importantly, the concept of diligent gun custody varies from country to country, as regulations and laws differ. Therefore, it is essential that gun owners are aware of the specific regulations in force in their country and scrupulously comply with the provisions on the custody and safety of weapons.
This ruling by the Cassation also offers food for thought on individual responsibility in the custody of weapons. Firearm owners must understand the importance of diligent custody and proper security measures to prevent unauthorized access to their firearms. Careless gun custody can have serious consequences, including criminal prosecution and the possibility of an accident or criminal act.
In conclusion, the sentence of the Cassation n. 25.965 of 15 June 2023 represents an important point of reference for understanding the concept of omitted custody of weapons and "diligent" custody. The decision underlines the importance of adopting adequate safety measures to protect firearms and of scrupulously complying with the relevant regulatory provisions. It is essential that gun owners inform themselves about the laws and regulations applicable in their country and act in compliance with them in order to ensure the responsible and safe custody of their firearms.