As established by the Council of State in a recent sentence, it is necessary to better investigate the impediments to the issue or renewal of the firearms license. The Ministry of the Interior had appealed against the decision of the Regional Administrative Court of Calabria regarding the prohibition of to renew the port of shotgun for hunting use against a citizen to whom he had previously been released. The reason had been that of an old criminal record due to a reto against public order.
For the Council of State, the refusal does not make sense and must be rejected, taking into account the new regulatory framework. Here's what the judges said about it: "In the new regulatory framework, in case of conviction for crimes against public order, in the event of rehabilitation, "the license can be refused." In this way the previous automatism ceased, by virtue of which, despite the rehabilitation, the conviction for a crime relating to public order was strictly impeding the issuing of the license. According to the orientation of the Section, which the college fully agrees, the regulatory intervention, although it is valid only for the future, still expresses a criterion of reasonableness, applicable also to the cases preceding the entry into force of the legislative novel.
It remains understood that the assessment of the danger of weapon abuse is characterized by a wide discretion. It is therefore sufficient to justify the adoption of the contested negative measure the existence of circumstances that allow it to be drawn a reasonable forecast about the existence of possible risks of inappropriate or abusive use of weapons by the owner ".