Il Council of State was called to examine a particular case of renewal of the firearms license. The decision concerned a criminal record of the owner of the document and the effective duration of the same, given that it was necessary to understand if the situation could weigh for life. For the judges, it must evaluate the subject as a whole and his existential conduct, therefore also the path taken after committing the crime (especially when it dates back to a long time before).
The sentence in question overturned that of Regional Administrative Court of Sardinia against an island citizen who had opposed the no to renewal by the police. Specifically, we are talking about the rifle port for hunting use. The man had a precedent for false ideology, a crime he had requested five years' imprisonment.
The words used by the Council of State are as follows: "In short, the Administration, in examining the request of the private individual, must carry out an appropriate and adequate investigation, which it must give an account of in motivation, which allows it to have an overall assessment of the subject e therefore also taking into account the applicant's life path following any impediments, and this in particular where such episodes, as in the case under examination, date back over time.
The contested refusal, on the other hand, attributed exclusive importance to such conduct dating back to, without considering the additional elements (in particular: the elements that had been evaluated by the Prefect for the purpose of revoking the prohibition of possession of weapons and ammunition), which also emerged from the documents and which would have allowed the Administration to evaluate thereliability current of the subject ".