The Tallinn Administrative Court has ruled in favour of our client in a pivotal case concerning the right to acquire multiple firearms for self-defence. Our client had applied to the Police and Border Guard Board (PPA) for a permit to purchase two rifled-barrel pistols for personal and property protection.
However, the PPA partially denied the request, arguing that the client had not sufficiently justified how possessing two firearms would enhance their protection.
Tauno Tark, a partner at the law firm TARK, challenged the decision by filing a complaint with the Tallinn Administrative Court. The complaint sought the partial annulment of the PPA’s decision and requested that the PPA be required to issue a permit for the second rifled-barrel pistol.
The court ruled that the Firearms Act does not prohibit the issuance of multiple firearm acquisition permits, provided that the applicant meets all legal requirements and no disqualifying circumstances exist. Furthermore, the court emphasised that the PPA’s refusal was not based on any specific provision of the Firearms Act or the Administrative Procedure Act and that the decision contained significant errors in judgment.
As a result, the court upheld the complaint, annulled the PPA’s decision regarding the second firearm permit, and ordered the PPA to reconsider the application.
This ruling sets an important legal precedent, reaffirming citizens’ rights in firearm acquisition and curbing the unjustified discretionary power of authorities in areas not explicitly regulated by law.
