Provisional seizure of pistol confirmed due to danger

ATA/564/1997Court of Justice / Administrative ChamberSep 23, 1997Confirmed

Extracted by Omnilex

Omnilex summary

The court confirmed the provisional seizure of the appellant's pistol. It held that the measure was warranted because he had assaulted his wife and had acted in a state of uncontrolled excitement, which demonstrated a relevant danger justifying preventive intervention.

Omnilex headnote

CCAM. 5; provisional seizure of a firearm may be maintained where the holder's conduct demonstrates a concrete danger. Violent behavior, in particular domestic assault combined with uncontrolled excitation and lack of self-control, can justify confirmation of a preventive seizure measure when it is necessary to avert risk. The court examines the danger pragmatically and gives decisive weight to the specific circumstances showing that possession of the weapon would be incompatible with safety (consid. unspecified).

Full text

Descripteurs

ARME; COMPORTEMENT; DANGER(EN GENERAL); SEQUESTRE(MESURE PROVISIONNELLE); JPT

Normes

CCAM.5

Résumé

Séquestre d'un pistolet confirmé, le recourant ayant battu sa femme en se mettant dans un état d'excitation qu'il n'a pas su contrôler.

Keywords

firearmprovisional measuredangerdomestic violenceseizureself-control

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the provisional seizure of the pistol should be upheld

Extracted holding

Yes. The measure was justified because the appellant had beaten his wife and acted in a state of excitation he could not control, creating a danger linked to the weapon.

Extracted reasoning

The court relied on the appellant's violent conduct and lack of self-control to confirm the preventive measure.

Provisional seizure of pistol confirmed due to dangerAI generated