Revocation of the firearms license

The cases of revocation and non-renewal of the firearms license are listed in the Consolidated Law on Public Security; precisely Article 11 provides that the licence is to be revoked in the event of:

• supervening sentence to restrictive sentence of the staff exceeding 3 years for non-culpable crimes (if the offender does not obtain rehabilitation);
• warnings or personal security measures or declaration by the authority of habitual, professional or tendency offender.

In addition, the carrying of weapons may also be revoked in the event of:

• criminal conviction for crimes against the personality of the State or against public order;
• conviction for crimes against persons committed with violence;
• theft, robbery, extortion, kidnapping for the purpose of robbery or extortion, or for violence or resistance to authority.

However, the revocation can also be in the absence of a real criminal conviction to those who cannot or cannot prove their good conduct or do not trust not to abuse the weapons.

This is a discretionary assessment of the competent authorities which, however, must be based on concrete elements (for example the presence of a complaint or testimony) and not on abstract assessments (TAR Lazio judgment no. 12582 of 21.12.2017).

Who can not have the port of arms

To the hypotheses of Article 11 are added those of Article 43 of the TULPS which establishes the cases in which the carrying of weapons can never be granted:

• sentence to imprisonment for non-negligent crimes against persons committed with violence, or for theft, robbery, extortion, kidnapping for the purpose of robbery or extortion;
• sentence to a penalty restricting personal liberty for violence or resistance to authority or for crimes against the personality of the State or against public order;
• conviction for desertion in time of war, even if amnestied, or for illegal carrying of weapons.

How to appeal against the revocation of the firearms license

The interested party may oppose the decision of the Quaestor with an appeal. The possible ways are different:

• hierarchical appeal to the Prefect within 30 days of the revocation measure;
• appeal to the TAR of the Region of residence within 60 days of the revocation measure.

To have any chance of acceptance, it is essential to attach to the appeal defensive pleadings, testimonies, documents, photos and any other element that can prove the unfoundedness of the decision.

The law gives the competent authority the power to decide at its discretion, however, both the confirmation of the revocation and its refusal must be adequately justified:

“the negative assessment of the possession of this requirement must, in any case, be linked to facts and circumstances that due to their gravity, repetition over time, the suitability to involve the entire family, social and relationship life of the person concerned come to affect on a level of effectiveness on the degree of morality and on the absence of ordinaryly payable periods to be able to aspire to the issuance of the police license”.

So the TAR Campania in judgment 569 of 4.02.2019.