Facing criminal proceedings for illegal possession of a firearm or for unlawful carrying represents an extremely delicate situation that can have significant repercussions on personal liberty and criminal record. Often, citizens with no prior convictions find themselves involved in these matters due to mere negligence, such as in the case of inherited and undeclared weapons, or due to a poor understanding of current legislation. As an expert lawyer in criminal law in Milan, Avv. Marco Bianucci deeply understands the anxiety that accompanies the notification of a notice of investigation or the execution of a house search. The primary objective at this stage is to provide timely and competent legal assistance, aimed at clarifying the suspect's position and limiting the sanctions provided by law.
The Regulatory Framework: Unlawful Possession and Carrying of Weapons
Italian legislation on weapons is particularly rigorous and complex, mainly governed by the Penal Code and the Consolidated Law on Public Security Laws (TULPS). It is essential to distinguish between two legal concepts often confused: possession and carrying. Unlawful possession of weapons (Art. 697 of the Penal Code) occurs when an individual keeps a weapon at their home or related premises without having reported it to the public security authority, even if the weapon is legitimately owned (e.g., inherited). The crime of unlawful carrying of weapons (Art. 699 of the Penal Code), on the other hand, is more serious and occurs when the weapon is carried outside one's home without the necessary license or prefectural authorization. Penalties vary significantly depending on whether they are "proper" weapons (pistols, rifles) or "improper" weapons, and can include arrest and significant fines, in addition to confiscation of the item.
The Distinction Between Proper and Improper Weapons
A crucial aspect in criminal defense concerns the classification of the seized object. The law distinguishes between proper weapons, whose natural purpose is to inflict harm on a person (firearms, daggers, stun guns), and objects capable of inflicting harm (baseball bats, screwdrivers, kitchen knives), the carrying of which is prohibited only if done without a justified reason. Avv. Marco Bianucci, thanks to his experience as an expert lawyer in criminal law, meticulously analyzes the characteristics of the contested object, as the correct legal classification can make the difference between a criminal conviction and a dismissal or acquittal.
The Approach of Studio Legale Bianucci in Defense for Weapons Offenses
Studio Legale Bianucci handles cases of violation of weapons legislation with an analytical and strategic approach, aimed at identifying every possible procedural or substantive flaw. The defense is not limited to the trial phase but begins from the preliminary investigations. Avv. Marco Bianucci carefully examines the search and seizure report to verify compliance with defense guarantees. Often, the defense strategy focuses on demonstrating the suspect's good faith (especially in cases of failure to report inherited weapons) or on contesting the actual offensive capability of the weapon (e.g., antique weapons, deactivated weapons, or non-compliant replicas). Furthermore, the firm evaluates the opportunity to access alternative proceedings or remedial measures, such as probation, which allow for the extinction of the crime, avoiding the more severe consequences of a criminal conviction, thus preserving the client's future.
Frequently Asked Questions
What are the risks if I find an inherited weapon at home and do not report it?
Failure to report an inherited weapon constitutes the crime of unlawful possession of weapons, as provided for by Art. 697 of the Penal Code. Even if the weapon legitimately belonged to a deceased relative, the heir has the obligation to report its possession to the local public security authority (Carabinieri or Police) within 72 hours of physical acquisition. The penalty provided is arrest for up to three months or a fine. It is essential to regularize the situation immediately with the assistance of a lawyer to mitigate the consequences.
What is the difference between possession and carrying of weapons?
The difference is substantial in both conduct and penalty. Possession refers to having the weapon within one's home or related premises. Carrying, on the other hand, implies taking the weapon out of these places and transporting it in a public or publicly accessible place. Unlawful carrying is a much more serious crime than simple unlawful possession and carries more severe custodial penalties, as it is presumed to pose a greater danger to public safety.
Can I carry a knife in my car for self-defense?
No, Italian law prohibits the carrying of objects capable of inflicting harm (such as knives) without a justified reason. General self-defense is not considered a valid justified reason by jurisprudence. If you were stopped for a check and found in possession of a knife in the car, you would risk a criminal charge for carrying weapons or objects capable of inflicting harm. The justified reason must be specific and current (e.g., a diving knife while going scuba diving).
What happens to the weapon in case of conviction?
In case of conviction for weapons-related offenses, the confiscation of the weapon itself is almost always ordered, and it is acquired by the State and usually destroyed. Furthermore, a conviction can lead to the revocation of any existing weapon permits and the impossibility of obtaining them in the future, as the subjective requirements of reliability required by the Public Security authority are no longer met.
Request a Legal Consultation in Milan
If you are under investigation for unlawful possession or carrying of weapons, or if you have doubts about the regularity of your situation regarding inherited or possessed weapons, it is crucial not to underestimate the situation. Timely legal intervention can prevent serious consequences. Contact Studio Legale Bianucci to schedule an appointment at the Milan office, located at Via Alberto da Giussano, 26. Avv. Marco Bianucci will analyze your case with the utmost confidentiality and professionalism, outlining the most suitable defense strategy to protect your rights and your freedom.