A few comments on the withdrawal of the authorization for a weapon under article 18, paragraph 1, point 2, in connection with article 15, paragraph 1, point 6 of the weapons and ammunition act

Abstract

The subject of the article is one selected prerequisite for the obligatory revocation of a firearms license: from article 18, paragraph 1, point 2 in conjunction with art. 15 section 1 point 6 of the Act on weapons and ammunition. Originally, this provision contained the phrase “in particular”. After the amendment of this provision in connection with the implementation of the EU directive (Council Directive 91/477 / EEC of June 18, 1991) in place of the previous open catalogue, a precise range of facts was introduced that may become the basis for withdrawing a firearms license under this provision. The main point of the dispute was to establish whether the phrase indicated in the introduction to the enumeration of the premises in this provision, i.e.: “[a person] posing a threat to itself, public order or safety”, constitutes a separate premise for the revocation of a firearms permit. I believe that allowing such possibility may have a negative impact on the situation of the entity holding a firearms license, therefore I verify whether such an interpretation (granted by the Provincial Administrative Court in Warsaw in the judgment of November 28, 2013) may be legitimate and based on the applicable law. My considerations are based not only on the editorial (linguistic) aspect of the provision. I also compare the historical wording of the provision with the current one; I study the quality of the implementation of the EU directive and analyse the jurisprudence and doctrine in this regard.