Commentary on Judgment No. 21985 of 2023: Unlawful Possession of Firearms and Illicit Acquisition Methods

Judgment No. 21985 of March 1, 2023, issued by the Court of Cassation, represents a significant reference point concerning firearm possession and acquisition methods. Specifically, the Court ruled that the offense of unlawful possession of firearms can be established even if the perpetrator holds a valid firearms permit, provided that the firearms were acquired illicitly. This legal clarification is crucial for understanding the legal responsibilities associated with firearm possession and the necessity of complying with current regulations.

Context of the Judgment

The case involved an individual, a member of the police force, who had unlawfully appropriated firearms intended for destruction. The individual in question had falsified documents and transfer deeds, making it appear as though the firearms had been transferred to him, and subsequently sold them to third parties. This conduct led the Court to consider the distinction between holding a firearms permit and the methods of acquiring the firearms themselves.

Acquisition of firearms through illicit methods - Offense of unlawful possession - Configurability - Holding of a firearms permit - Irrelevance - Factual scenario. The offense of unlawful possession of firearms is established for an individual, even if holding a valid permit, who acquired them through criminally illicit methods. (Factual scenario involving a police officer who appropriated firearms entrusted by private citizens for destruction, making them appear as transferred to him, suppressing the transfer records and entering false transfer deeds into the computer system, and then selling them to third parties).

Legal Implications

This judgment highlights important legal principles, including:

• The distinction between holding a firearms permit and the legality of acquisition methods.
• The irrelevance of a valid firearms permit in cases of illicit acquisition.
• The criminal liability of individuals who, despite possessing a permit, violate the regulations governing the acquisition and possession of firearms.

In essence, even if an individual legally possesses a firearms permit, the law severely punishes those who commit offenses related to the illicit acquisition of firearms. This aligns with the provisions established by Law 02/10/1967 No. 895 and Law 14/10/1974 No. 497, which strictly regulate this matter.

Conclusions

Judgment No. 21985 of 2023 underscores the importance of adhering to legal procedures in the acquisition of firearms. It serves as a warning to all operators in the sector and to citizens, emphasizing the serious legal consequences of illicit actions. It is essential to ensure that firearms are managed responsibly and in accordance with the law, to protect public safety and ensure compliance with firearm possession regulations.