Police Needed Prior Approval from Regional Authority to Confiscate Borilović’s Legal Weapon
The Police Directorate, along with its acting director Lazar Šćepanović, has responded to the allegations made by Olivera Krivokapić, the former head of the Branch for Administrative Affairs, Citizenship, and Foreigners in Cetinje, yesterday.
They asserted that she is “calculatingly misleading and discrediting the public,” making accusations that “lack any foundation” in the Weapons Act.
They highlighted that the Police Directorate was unable to confiscate legally owned weapons from Vuk Borilović, who committed a mass murder in Cetinje in 2022, without first undergoing an administrative process and receiving a decision from the regional authority.
“To clarify the public’s understanding of the Police Directorate’s denial from yesterday, as well as the response from the former head of the Administrative Internal Affairs Branch in Cetinje, against whom criminal proceedings are active, we are explaining the steps and subsequent actions the Police Directorate took. Specifically, we address the inaction by the regional authority and responsible personnel regarding the consistent application of the Weapons Act. The suspect OK has, through her statements, intentionally misled and discredited the public with baseless claims related to the Weapons Act.
“Regarding the legal weapon possession by Vuk Borilović, we emphasize that, as per the Weapons Act, the competent Branch for Administrative Internal Affairs in Cetinje was obligated to initiate administrative proceedings based on a notification from the Police Directorate concerning a criminal report filed against Borilović for a violent crime. This procedure is mandated for reviewing, auditing, and, if necessary, seizing the weapon or ordering the individual to return it, as clearly outlined in the Law.
“In this regard, we clarify the further legal actions that this Branch should have undertaken, which were unfortunately not completed concerning Vuk Borilović. Responsible authorities should have reviewed his weapon possession permit and issued a decision obligating him to return the weapon within a set timeframe. Should he fail to comply, only then could the regional authority submit that decision to the Police Directorate as a notification, leading to the classification of the weapon as illegal due to the revocation of the individual’s right to possess it.
“It is crucial to note that none of these necessary actions were taken by the Regional Authority for Administrative Internal Affairs in Cetinje, thus leaving the Police Directorate incapable of seizing the legal weapon from the aforementioned individual without the preceding administrative process and ruling from the regional authority.
“The ineffectiveness of the Branch and the responsible individual in executing legally mandated measures is further evidenced by the indictment filed by the Basic State Prosecutor’s Office in Cetinje against OK. The case files include crucial evidence such as a criminal report and a notification sent to the regional authority regarding Vuk Borilović, underscoring OK’s failure to legally apply the Weapons Act consistently.
“The Police Department, within its jurisdiction, acknowledged grounds to confiscate Vuk Borilović’s weapon under the Weapons Act. His actions, specifically the violent behavior criminal offense, violated Article 13 of the Weapons Act, which stipulates that a weapons acquisition permit should not be granted to individuals with a final conviction for violent crimes or against whom any criminal proceedings are underway. In this case, the regional authority had promptly filed a criminal report against Borilović for violent behavior, with proceedings initiated soon thereafter, justifying the review and potential confiscation of his weapon.
“We stress that the Police Directorate only seizes legal weapons when there is suspicion of their involvement in a criminal act and when a court order is obtained during search operations. In Borilović’s case, the Police recognized violations of the Weapons Act, the misuse of which mandates action from the regional authority.
“According to Article 48 of the Weapons Act, the Ministry of Internal Affairs must seize weapons, ammunition, and related documents from any individual who no longer fulfills the conditions specified in Article 13 of the Law. In Borilović’s situation, the initiation of criminal proceedings warranted the seizure of any legally owned weapons.
“Furthermore, when officers of the Police Directorate initiated a nationwide intelligence operation codenamed ‘Browning,’ they prosecuted several managerial personnel from the Ministry of Internal Affairs for abuse of official position. A criminal report was also filed against OK based on reasonable suspicion that she, while serving in a management position at the Cetinje Branch for Civil Status and Personal Documents, improperly utilized her authority, neglected her duties, and unjustly granted firearm licenses against Article 13 of the Weapons Act.
“The actions of OK and MP presented in the criminal report indicate possible elements of the crime of abuse of official position, with 17 separate instances where the Weapons Act was not adhered to, leading to the issuance of weapon licenses to individuals without permanent residence in Cetinje.
“With this clarification, the Police Directorate will cease all further communication with the suspect through media channels and defer to other law enforcement bodies—the prosecutor’s office and the court—to make lawful determinations and ascertain the material truth,” concludes the response.
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