Case Overview
On March 27, 2026, the Supreme Court of Japan's Third Petty Bench (Chief Justice Michiharu Hayashi) ruled that the revocation of a hunter's firearms license after a bear cull was "illegal." The decision was unanimous among all five justices. It marks the first time the Supreme Court has ruled on the legality of civilian shooting during government-requested wildlife control — a landmark decision with nationwide implications for pest-control operations.
Timeline of Events
The Shooting
Haruo Ikegami (age 77), president of the Sunagawa Branch of the Hokkaido Hunters' Association and a part-time public servant serving as a "Wildlife Damage Control Team Member," was called into action:
- August 2018: Ikegami responded to a request from Sunagawa City to cull a brown bear (higuma)
- City officials and police were present at the scene
- He fired one rifle shot, successfully killing the bear
- No injuries or property damage occurred
License Revocation
- April 2019: The Hokkaido Public Safety Commission revoked Ikegami's firearms license
- Reason: the shot was fired in a direction where bullets could potentially reach nearby buildings, violating the Wildlife Protection and Management Act
| Date | Event |
|---|---|
| August 2018 | Dispatched by Sunagawa City; fired one rifle shot to cull bear |
| April 2019 | Hokkaido Public Safety Commission revoked firearms license |
| December 2021 | Sapporo District Court ruled revocation "illegal" (hunter wins) |
| October 2024 | Sapporo High Court reversed — ruled revocation "legal" (hunter loses) |
| March 27, 2026 | Supreme Court overturned High Court — revocation "illegal" (hunter wins) |
Court Decisions at Each Level
First Instance: Sapporo District Court (December 2021)
The District Court emphasized that no bullet actually struck any building or caused any damage, ruling the revocation illegal and ordering it overturned.
Second Instance: Sapporo High Court (October 2024)
The High Court focused on the poor visibility at the shooting site and the risk of ricochets, finding that bullets could have struck fellow hunters. It ruled the revocation legal and reversed the first-instance decision.
Supreme Court: Third Petty Bench (March 27, 2026)
While acknowledging that some risk to fellow hunters existed, the Supreme Court ruled the revocation illegal for the following reasons.
The Supreme Court's Reasoning
The Court concluded that the punishment was "excessively severe" and constituted an abuse of administrative discretion.
1. The Activity Served a Significant Public Interest
Ikegami's shot was part of a culling operation requested by the city and was "an activity of significant importance for protecting the living environment of surrounding residents."
2. No Actual Harm Occurred
While the potential for bullets to reach buildings or endanger colleagues was acknowledged, no actual personal injuries or property damage resulted from the shot.
3. Risk of Chilling Effect
Revoking a hunter's license in these circumstances would not only be harsh on Ikegami personally but could "discourage team members from carrying out their duties." If hunters fear punishment for responding to government requests, community safety would suffer.
Social Impact of the Ruling
The Hunter Shortage Problem
This ruling is closely connected to Japan's nationwide hunter shortage:
- The number of hunting license holders has been declining, with significant aging of the workforce
- Crop damage and human injuries from bears, boar, and other wildlife are increasing
- Punishing hunters who respond to government culling requests accelerates the exodus from the profession
Hokkaido Hunters' Association Response
After losing at the High Court level, the Hokkaido Hunters' Association had signaled it might refuse future bear-culling requests from municipalities, arguing that "hunters bear all the responsibility." The Supreme Court ruling is expected to ease these concerns.
Public Safety Commission Response
Following the Supreme Court ruling, the Hokkaido Public Safety Commission reportedly apologized to Ikegami.
Relevant Laws
| Law | Article | Content |
|---|---|---|
| Firearms and Swords Control Act | Article 11 | Grounds for license revocation |
| Wildlife Protection and Management Act | Article 38-2 | Restrictions on hunting with firearms near residential areas |
| Wildlife Damage Prevention Special Measures Act | Article 9 | Establishment of wildlife damage control teams |
Practical Considerations
- Municipal officials: Establish clear safety protocols before requesting culls — including line-of-fire verification and evacuation zones — to avoid placing undue responsibility solely on hunters
- Hunters: This ruling does not mean all shooting is permissible. The Court weighed the government request, public interest, and absence of actual harm as a whole. Safety precautions remain essential
- General public: As bear encounters increase across Japan, this ruling provides important legal protection for the hunters who stand on the front line of community safety