It is right for the abusive husband and father to remain without weapons at home. Regardless of the outcome of any criminal trial against him.

This was established by the Tar of Sardinia, called upon to decide on the appeal presented by a man, residing in the Nuoro area, who had contested the provision adopted by the Barbagia Prefecture - the ban on the possession of weapons and explosive devices in its possession - adopted on the report of the Carabinieri of the command of a country in the area (all details are omitted to protect women and children).

The decision of the territorial office of the Interior Ministry was adopted in January 2020 on the basis of a report by the Arma, based on the complaint of the applicant's wife. The woman had said "that she had suffered repeated ill-treatment, the last of which dating back to 23 December 2019, when the appellant had violently beaten her until she was able to leave the house with her own minor children". Furthermore, on the following 3 January 2020, during a telephone conversation, "the applicant had threatened her with death and, already on 14 September 2019, had seriously offended her by formulating similar threats against all members of the family" and he had manifested "extreme self-harming intent, leaving his home carrying a gun with him". He had also pointed out "that the appellant had an attitude of 'master father' characterized by the absolute financial control of the family and by repeated physical and psychological violence, also committed in the presence of the six children, which began in 2006".

In short, the woman had told of a nightmare life, lived in fear of a man who kept weapons at home. The Prefecture had taken them away from him.

He appealed. Explaining, among other reasons, that the prosecutor had requested the filing of the criminal proceedings which saw him under investigation for ill-treatment.

For the judges of the Tar "the assessment carried out by the Prefect, in the exercise of the wide discretion attributed to him in the matter under examination, regarding the seriousness of the facts emerging from the information from the Carabinieri, clearly represented in the motivation of the provision, regardless of the fate of the criminal proceedings". Therefore "the peaceful existence of a situation of serious conflict underway in the family sphere, on which the motivation of the contested provision is based", for the Tar "must be considered sufficient in itself to justify its adoption". No weapons for the husband and violent father, the judges ruled.

Henry Fresu

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