Commentary on Judgment No. 29537 of 2024: Illegal Possession of Weapons and Failure to Deliver

The judgment no. 29537 of June 6, 2024, issued by the Court of Cassation, provides an important interpretation regarding crimes related to the possession of weapons. In particular, the decision focuses on the differences between the crime of illegal possession of weapons and that of failure to deliver, clarifying the prerequisites for each of them. This topic is of fundamental importance, especially in a complex regulatory context like the Italian one, where the rules regarding weapons are governed by specific laws and decrees.

The Crime of Illegal Possession of Weapons

According to Article 2 of Law No. 895 of October 2, 1967, the crime of illegal possession of weapons is established in cases where a person possesses a weapon despite an explicit prohibition issued by the prefect. This prohibition, provided for by Article 39 of the Royal Decree of June 18, 1931, No. 773, is issued when there are public safety reasons. The Court, in the judgment under examination, emphasizes how the unlawful possession of weapons can lead to serious legal consequences for the individual, making it necessary to have a clear understanding of the responsibilities associated with weapon possession.

The Crime of Failure to Deliver Weapons

Another type of crime analyzed by the Court is the failure to deliver weapons, as stipulated by Article 3 of the same law. This crime occurs when an individual fails to comply with a decree from the prefect that imposes the delivery of weapons, ammunition, and explosive materials to the public security authority. Article 40 of the mentioned Royal Decree establishes the modalities for delivery, indicating terms and locations. The distinction between the two crimes is crucial, as it entails different legal responsibilities and criminal consequences for the individual involved.

Crime of illegal possession of weapons - Differential elements compared to the crime of failure to deliver weapons - Indication. In terms of crimes concerning weapons, the individual who possesses a weapon after the prefect, pursuant to Article 39 of Royal Decree No. 773 of June 18, 1931, has prohibited them from possessing it, commits the crime referred to in Article 2 of Law No. 895 of October 2, 1967, while the individual who does not comply with the decree whereby the prefect has imposed, pursuant to Article 40 of Royal Decree No. 773 of June 18, 1931, the delivery of weapons, ammunition, and explosive materials held by them to the public security authority, indicating in detail the terms, location, and modalities of the delivery, commits the crime referred to in Article 3 of the same law.

Conclusions

The judgment no. 29537 of 2024 represents an important milestone in Italian jurisprudence regarding crimes related to the possession of weapons. The distinction between the crimes of illegal possession and failure to deliver is fundamental not only for the correct application of the law but also to ensure public safety. It is essential that citizens are aware of their legal responsibilities regarding weapons, in order to avoid potentially serious criminal consequences. The clarity provided by the Court in this judgment offers a useful reference point for all professionals in the legal field and for citizens.

Bianucci Law Firm