Annulment of the administrative act. Annulment of authorization and withdrawal of the gun permit. Period of validity of the gun permit changed due to deterioration. The beginning of the calculation of the period of validity. P

DREPT ADMINISTRATIV

Abstract

According to Art. 25 para. (1) of Law 295/2004, the law provided a 5-year term of validity for the gun permit calculated differently depending on the gun permit issuance procedure, as follows: from the release or the last extension, if the titleholder followed said procedure. In this case, the gun permit held by claimant was not issued further to the extension procedure but due to change upon request. Under these circumstances, the term of validity of the gun permit may not relate to the last extension, as long as it was not issued in such  procedure but ton the date of issuance of said permit.  Interpretation of the provisions of Art. 25 para. (1) of Law no. 295/2004 in the sense invoked by the defendant, namely that the gun permit in exchange for a damaged one has the same validity as the replaced one, validity that is calculated based on the date of the last extension, 
although it would appear justified against the factual arguments offered, it cannot be supported by any legal provision. Even if defendant construed the legal provisions in this way, it was bound to inform claimant of said application even by the notification served which, although it states claimant’s obligation to appear with a view to extend the validity of the gun permit until the expiration date, it does not specify concretely the term set. Also, in the gun permit issued to claimant following the change, no mention was made to its validity,  although there was a special section, which entitled claimant to calculate the term of validity of the gun permit by reference to the issuance date.