Court annuls article that limited the use of weapons by minors

The Contentious-Administrative Chamber of the Superior Court of Justice of Navarra (TSJN) has annulled the general provision of hunting bans for the 2022-23 season, which limited the use of firearms by minors, considering that the rule approved by the Navarrese Government violates article 33 of the Provincial Hunting Law.

The Navarra Hunting Federation appealed the Foral Order 166E/2022, of July 19, of the Minister of Rural Development and Environment, by which the general provision of hunting bans for the 2022-2023 season was approved. Specifically, the challenge was directed against article 29.4 (security measures regarding underage hunters).

This provision, in its most relevant part, prevented the placement, in different positions, of the minor hunter and their adult supervisor. It also prohibited the simultaneous use of the corresponding firearm by the minor and the person responsible, requiring that the minor’s weapon remain unloaded while the person responsible hunts.

The substance of the controversy between the plaintiff federation and the Government of Navarra lies in two allegations: one relating to state or regional jurisdiction and the other, on the sufficiency or suitability of the regulatory instrument used in said regulation.

Regarding the alleged invasion of state powers, the Court highlights that, although apparently the challenged article 29.4 refers to the provisions of the 1993 State Regulation, it immediately introduces two limitations of notable intensity (the one related to the constant physical presence and the regarding the non-simultaneous use of the weapon), which are not provided for in article 109: this article is limited to imposing accompaniment, surveillance and supervision by an adult hunter.

For the Court, it seems clear that the novel content exceeds the required parameters of state regulations. “And also that, due to its remarkably developed interpretation of said concepts, considerable prohibitions or restrictions are introduced on the use or use of weapons by minors, which are not contained in the state law,” it adds.

However, the existence of said novel content does not presuppose for the Chamber the alleged invasion of jurisdiction. “In the hunting field, the article has adapted to the activity the concepts of accompaniment, surveillance and supervision that were in the state standard. There is a jurisdictional basis, therefore, for the attacked regulation, which does not clearly and without a title that protects it in the state’s jurisdiction, since it is limited to the hunting sphere: the denounced invasion of jurisdiction lacks the required clarity,” the magistrates conclude.

Regarding the second point of disagreement between the parties, the Court upholds the appeal of the plaintiff federation because the ban order issued lacks the capacity to modify aspects regulated in the Foral Hunting Law.

“The violation of article 33 of the aforementioned provincial law leads to the declaration of nullity of article 29.4, as it implies the regulation of substantive aspects of the development of the right to hunt (by minors) through an instrument lacking legal authorisation. for such purposes—a ban order—“ emphasise the magistrates.

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