Protective weapon

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The term protective weapon or passive weapon denotes those parts of a person's equipment that are not intended for attack, but rather to protect the wearer against the use of weapons.

history

The development of protective weapons was and is based on the available attack weapons. Early protective weapons were shields , helmets and armor . With the introduction of firearms , customized protective weapons such as steel helmets and bullet-resistant vests were developed. Special protection vehicles and other armored vehicles are also among the protective weapons. The main development goal for protective weapons is protection and practical applicability adapted to the threats.

Legal bases in Germany

In the Federal Republic of Germany , Section 17a of the Assembly Act prohibits carrying objects suitable as a protective weapon to a gathering in the open air ( rally / demonstration ) if, under the circumstances, they are intended to protect the wearer from being accessed by the authorities. Church services and traditional events are expressly excluded. The penalty for violations of Section 17a of the Assembly Acts is imprisonment for up to one year or a fine.

Passive weapons are therefore not prohibited if, under the circumstances, they are not intended to prevent access by, for example, the police.

The definition of the definition of “suitable as a protective weapon” is problematic. Protective weapons in the technical sense (§§ 17a Paragraph 1, 27 Paragraph 2 No. 1 Alt their intended purpose, their design features or their special properties are intended from the outset to serve to protect the body in defense against attacks in armed conflicts. This primarily includes protective shields, armor and protective weapons from the police or military sector (helmets, protective or gas masks, etc.) or from the field of martial arts.

Furthermore , among other things, passive weapons could include:

The following items were considered by the courts as a weapon of protection:

The ban on protective armament was passed in 1985 together with the ban on masking with the votes of the conservative-liberal coalition under Helmut Kohl in the Bundestag . In 1989 “masking” and “protective armament” were generally upgraded to criminal offenses.

literature

Web links

Individual evidence

  1. ↑ Helen Adams: DEFENSIVE WEAPONS , Pitt Rivers Museum, 2007 (online PDF 328 MB) ( Memento of October 17, 2017 in the Internet Archive )
  2. ↑ Rolling Fortresses , Spiegel, report on special protection vehicles, September 12, 2002 (accessed July 7, 2010)
  3. ↑ Beat P. Kneubuehl: Ballistic Protection (accessed November 25, 2014)
  4. ↑ Openjur.de: OLG Hamm, decision of November 20, 2012 - Az. 4 RVs 113/12
  5. ↑ File number 2 Ss 36/11. See Udo Vetter: Willingness to use violence is suspected Lawblog from May 1, 2011
  6. ↑ Denise Peikert: First Blockupy criminal case: Trial of a baseball cap . In: Frankfurter Allgemeine Zeitung . April 10, 2014, ISSN  0174-4909 ( faz.net [accessed September 14, 2016]).
  7. ^ Hanning Voigts: Blockupy process: Blockupy activist acquitted . In: fr-online.de . April 30, 2014 ( fr.de [accessed September 14, 2016]).
  8. ^ Hanning Voigts: Blockupy in Frankfurt: Fine for a plastic film . In: fr-online.de . August 5, 2016 ( fr.de [accessed September 14, 2016]).
  9. ↑ Stephanie Lamprecht, Joanna Kouzina, Patrick Sun: G20 trial: suspended sentence: this is how the defendant reacted. August 29, 2017, accessed on February 13, 2020 (German).
  10. ^ A b Heiner Busch: By law against a basic right - A short history of the right to demonstrate . In: Cilip . No. 072, August 7, 2002