Possessing a firearm in Italy is not only a right governed by strict regulations but also entails a series of non-negotiable duties, the foremost being diligent safekeeping. Receiving a notice of investigation for failure to properly safeguard firearms is a situation that generates concern, as the consequences can range from criminal proceedings to the revocation of administrative licenses. As a criminal lawyer practicing in Milan, Avv. Marco Bianucci deeply understands the implications of these charges and the importance of acting promptly to protect one's legal standing and reputation.

The Regulatory Framework: What Diligent Safekeeping of a Firearm Means

Italian legislation, particularly Article 20 bis of Law 110/1975, requires anyone possessing firearms to take all necessary precautions to prevent them from being easily accessed by third parties, especially minors, incapacitated individuals, or unauthorized persons. The law does not prescribe fixed and immutable methods (such as the mandatory requirement of a safe in all circumstances) but demands diligence commensurate with the specific case. The jurisprudence of the Court of Cassation has repeatedly affirmed that safekeeping must be adequate to prevent unauthorized individuals from accessing the firearm, considering the residential context and the presence of other people. Failure to adopt these precautions constitutes a crime that can lead to criminal sanctions and, almost automatically, to administrative measures such as a firearms possession ban issued by the Prefecture.

The Bianucci Law Firm's Approach to Criminal Defense

Avv. Marco Bianucci, an experienced criminal lawyer in Milan, handles cases of failure to properly safeguard firearms with an analytical and rigorous approach. The defense is not limited to a simple formal challenge but involves a detailed examination of the factual circumstances. Often, the prosecution is based on subjective assessments by officers who intervened during a check. The Bianucci Law Firm works to demonstrate, where possible, that the measures adopted by the client were adequate and sufficient in the specific context, or to mitigate the sanctions by highlighting the lack of intent or the minor nature of the offense. The objective is twofold: to manage the criminal proceedings aiming for the best possible outcome and, concurrently, to address the administrative consequences related to firearm permits.

Frequently Asked Questions

What are the penalties for failure to properly safeguard firearms?

The violation of Article 20 bis of Law 110/1975 is punishable by arrest up to two months or a fine. However, the more severe consequences are often the accessory and administrative ones, which can include the revocation of the firearm permit and a future ban on possessing firearms and ammunition.

Is it mandatory to have a safe to keep a firearm at home?

The law does not explicitly mandate the use of a safe or a reinforced cabinet but requires that adequate measures be taken to prevent access by unauthorized third parties. However, the use of a safe is considered by jurisprudence as the prime evidence of maximum diligence, making the defensive position much stronger in case of charges or theft.

What happens if burglars enter the house and steal the firearm?

If the firearm is stolen during a home burglary, the owner can be accused of failure to properly safeguard it only if it is proven that they did not take the necessary precautions to prevent the theft (for example, by leaving the firearm in plain sight or in an unlocked drawer). Avv. Marco Bianucci works to demonstrate that, despite the precautions taken, the criminal event was unforeseeable and unavoidable.

Can I lose my firearm permit even without a final criminal conviction?

Yes, the Public Security Authority (Prefecture or Questura) has broad discretionary power and can proceed with the precautionary seizure of firearms and the revocation of licenses based on an assessment of the individual's reliability, regardless of the final outcome of the criminal proceedings. For this reason, legal assistance that coordinates criminal and administrative defense is essential.

Contact Us for Legal Consultation

If you have been accused of failure to properly safeguard firearms or have had your firearms seized, it is essential not to underestimate the situation. Avv. Marco Bianucci is available to analyze your case with the necessary expertise and discretion. Contact the Bianucci Law Firm in Milan to schedule a consultation and define the most suitable defense strategy for your needs.