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COURT GRANTED A LICENSE TO A HUNTER WEAPON TO CONSIDER THAT A VIOLATION OF THE LAW OF WILDLIFE IS NOT SUFFICIENT REASON FOR REFUSAL

The Court of Administrative Jaén number three has estimated the demand brought by a hunter Jaén (EMG), through legal services the Federación Andaluza de Caza against the Sub the Government of this province to set aside a resolution that this hunter refused to grant the license Arms Type E for a violation of the law 8-2003 Wild Flora and Fauna of Andalucía.

Thus, EMG may be licensed weapons to police records considered as arising from the infringement of the Act Flora and Fauna not imply recklessness, or risk or danger to himself or others as stipulated in Arms Regulations approved by Royal Decree 137/93 of 21 January.

In this regard, the Sub Jaén Government's resolve, on 2 March 2009, the refusal to grant the license Arms Type E to this hunter to incur infringement bodily harm Hunting Act to hunt protected species in protected areas. However, as the court considers Jaén, at the request of the action imposed by the FAC , this does not entail a sufficient reason for refusing the license once satisfied the penalty imposed because, under the Rules of weapons, the failure to grant this permission to be understood as an act of control for a possible danger to themselves or to outsiders.

Thus, the Administrative Court of Jaen notes, dated March 1, 2011, that the Sub Jaén the Government does not comply with the law as it believes that infringement of EMG against Act of Flora and Fauna should not be considered aggressive or dangerous behavior, which itself would be grounds for denial of this permit.

President of the Federación Andaluza de Caza , José María Mancheño, praised the resolution as very satisfactory to have a significant support to the work of the legal services of the institution chairs. Also Mancheño noted that "with this resolution are supported arguments FAC about the lack of legal basis for legal and police records are the basis for license revocations and denials of arms "and stressed that" this type of withdrawal for reasons that do not conform to the law are a major violation of the basic rights of hunters and people. "