The High Court of Justice of Madrid (TSJM) has denied a former chief inspector of the National Police permission to carry a firearm, following threats to his life from the leader of a gang of robbers that he had apprehended, which operated in Tenerife.
The retired officer contested the ruling delivered in 2023 by the Central Intervention of Arms and Explosive Materials from the General Directorate of the Civil Guard, which refused his application for a B weapons licence.
Among the reasons deemed inadequate to approve the application is that the “simple fact” of having served in the National Police for four decades, and achieving the rank of chief inspector, does not constitute a unique risk. Additionally, it was noted that during his retirement since 2013, no incidents had occurred.
The Interior Ministry highlights that the documentation submitted, along with the report from the Civil Guard Command in Santa Cruz de Tenerife, fails to demonstrate any specific threat that warrants the need for firearms.
The appellant emphasises that during his final year in active duty, he was involved in apprehending a gang that targeted petrol stations in Tenerife, with the gang leader making threats to kill him.
He further asserts that the criminal reiterated these threats during the trial, which resulted in the offender being sentenced to 12 years in prison. Simultaneously, the former officer contends there is no doubt regarding his ability to properly handle a weapon and the necessity of possessing one.
“It is unreasonable to expect someone who has devoted his life to the service and protection of society, placing his personal safety at risk, to be left unprotected against potential retaliation upon retirement, especially when he may need assistance the most,” his defence argued.
The claimant’s attorney requests consideration of the fact that age may impede or at least complicate his personal safety, especially given that he has a favourable psychological assessment regarding weapon usage.
“Is it not logical that someone who has held and renewed a firearms licence for over 40 years should retain it? What criteria have shifted that now make it unfavourable to grant it?” the lawyer questions.
Nonetheless, the Government Delegation in the Canary Islands provided an unfavourable evaluation, arguing that stringent control measures should be consistently applied in this regard.
The TSJM refutes the argument that “having served as a national police officer for 40 years, and being involved in arrests and actions related to his role, is sufficient justification for carrying a weapon more than a decade post-retirement.”
The court points out that there is no specific evidence that he is at risk of reprisals, and affirms that in any event, his safety is ensured by the standard responsibilities of the state security forces.
