Registered as a dangerous firearm without a criminal history?

Questioner

I was arrested by the police in 2016 for illegal possession of a firearm. It was a gas pistol that I had bought in a store in Germany. I gave that gas pistol to an acquaintance. That acquaintance sent photos to her then boyfriend and said that she had bought a pistol to shoot him dead. That man went to the police with the photos of the pistol and filed a complaint against her then girlfriend. Because that acquaintance of mine had abused my trust, I took the pistol from her and gave it to someone else to keep. The police then raided this acquaintance's house after her then boyfriend had filed a complaint. She told the police that she had received the pistol from me. The police then also raided my house. The pistol was not with me either. I did tell the police that it was a fake pistol and that I had given it to a friend of mine as a precaution. The police then went to pick up the pistol. The police officer told me at the time that because I had cooperated so well, they left it at a warning and said that there would be no further consequences. But a few months later I still received a call from the police to come to the office because the weapon fell under the Weapons Act. There was a spark and that was prohibited. I had to give fingerprints and they took saliva from me without asking. I then received a fine of 500 euros which I paid. But the problem is that I am now known to the police as a dangerous firearm. I have never had any problems with the police before. Not even with the justice system. I am just a hard worker with a family. I have already been pulled over a few times and special police units have checked my car and my person. I am deeply ashamed of it. My family does not like it either. It is not our world. My question to you is: Did the police act correctly by reporting me as a dangerous firearm? Should they take my fingerprints and DNA knowing that I had not threatened anyone with that gun? The gun wasn't even in my house when my house was raided. What can I do about this? What exactly are my rights to challenge this?

Lawyer

Your situation is complex and it seems that you are dealing with multiple legal issues. Mainly a misunderstanding about what exactly is a legal firearm in the Netherlands. First of all, even if the gas pistol was legal in Germany, in the Netherlands it probably still falls under the Weapons and Ammunition Act and possession or transfer is prohibited without the correct permits. Secondly, you asked whether the police acted correctly in registering you as ‘firearm dangerous’. It is possible that this is a consequence of the fact that you have a firearm-related offence to your name. The police have broad powers to record and use information in the context of their duties, such as maintaining public order and preventing and detecting criminal offences. However, these powers come with conditions and limits. Thirdly, you asked if the police could take your fingerprints and DNA. If you are suspected of a criminal offence for which pre-trial detention is permitted, the police may take your fingerprints. Stricter conditions apply to taking DNA. This is only permitted if you have been convicted of a criminal offence for which a prison sentence of 4 years or more can be imposed. Finally, you asked what you can do about this. If you believe that the police have not acted lawfully, you can file a complaint with the police themselves. You can do this via the complaint form on the police website. You can also file a complaint with the National Ombudsman. This institution can investigate your complaints about the government's actions and, if necessary, make recommendations to improve the situation. It may be advisable to seek legal assistance for these types of steps. If you feel that your personal data has been used improperly when designating it as 'firearm dangerous', you can file a complaint with the Dutch Data Protection Authority. They monitor compliance with privacy legislation. Please note: While I do my best to provide accurate information, this information is intended as general advice only and is not a substitute for professional legal advice. I strongly recommend that you contact a lawyer or attorney to discuss your specific situation. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.