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

Judgment No. 29537 of June 6, 2024, issued by the Court of Cassation, offers an important interpretation regarding weapon possession offences. 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. This issue is of fundamental importance, especially in a complex regulatory context such as the Italian one, where weapon regulations 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 constituted when a person possesses a weapon despite an explicit prohibition issued by the Prefect. This prohibition, provided for by Article 39 of Royal Decree No. 773 of June 18, 1931, is issued when there are public safety concerns. The Court, in the judgment under review, emphasizes how the unlawful possession of weapons can lead to serious legal consequences for the individual, making a clear understanding of the responsibilities related to weapon possession necessary.

The Crime of Failure to Deliver Weapons

Another type of offence analysed by the Court is the failure to deliver weapons, provided for by Article 3 of the same law. This crime occurs when a subject fails to comply with a Prefect's decree ordering the delivery of weapons, ammunition, and explosives to the public security authority. Article 40 of the aforementioned Royal Decree establishes the delivery procedures, indicating deadlines and locations. The distinction between the two offences is crucial, as it entails different legal responsibilities and criminal consequences for the subject involved.

Crime of illegal possession of weapons - Differentiating elements compared to the crime of failure to deliver weapons - Indication. In terms of weapon-related offences, the subject 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 under Article 2 of Law No. 895 of October 2, 1967. Conversely, the subject who fails to comply with the decree by which the Prefect has ordered them, pursuant to Article 40 of Royal Decree No. 773 of June 18, 1931, to deliver weapons, ammunition, and explosives they possess to the public security authority, indicating in detail the deadlines, place, and methods of delivery, commits the crime under Article 3 of the same law.

Conclusions

Judgment No. 29537 of 2024 represents an important milestone in Italian jurisprudence concerning weapon possession offences. 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 for ensuring 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 legal professionals and citizens.