Weapons Act (Germany)

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Basic data
Title: weapon law
Abbreviation: WaffG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Special administrative law , police and regulatory law
References : 7133-4
Original version from: September 19, 1972
( Federal Law Gazette I, p. 1797 )
Entry into force on: 1st January 1973
New announcement from: March 8, 1976
( BGBl. I p. 432 )
Last revision from: October 11, 2002
( BGBl. I p. 3970 , ber. P. 4592 ,
ber. 2003 I p. 1957 )
Entry into force of the
new version on: 		April 1, 2003
Last change by: Art. 228 Regulation of June 19, 2020
( Federal Law Gazette I p. 1328, 1354 )
Effective date of the
last change: 		June 27, 2020
(Art. 361 of June 19, 2020)
Please note the note on the applicable legal version.

The Weapons Act (WaffG) regulates the handling of weapons within the framework of German weapons law . This includes the acquisition, storage, trading , possession and repair of weapons, in particular blades , firearms and ammunition . It also defines prohibited weapons (eg. As Würgehölzer , switchblade knives or brass knuckles ), and prohibits the possession and supply. Internationally, the German weapons law is one of the strictest.

development

Middle Ages until 1945

In the middle of the sixteenth century, the Reich Chamber of Commerce, established in 1495, and the sovereign princes ensured perpetual peace . Rifle brotherhoods worked on behalf of cities and municipalities as armed civil militias. From the 17th century onwards, their tasks were taken over by paid mercenaries, true to the motto "... that only representatives of the" state power "were allowed to legally carry weapons".

German Revolution 1848/1849

During the March revolution of 1848 has been in many parts of Germany by the rebellious citizens arming of the people requested.

The Waldeck Charte , a draft of a liberal constitution for the Kingdom of Prussia submitted by the Prussian National Assembly at the end of July 1848 , therefore contained, in addition to the establishment of a people's armed forces committed to the idea of popular sovereignty , a provision in Article 26, Paragraph 1 that gave every Prussia a general right guaranteed on weapons:

“Every Prussian is entitled to carry arms after he has completed his twentieth year. The law determines the exceptional cases. "

- Art. 26 para. 1 of the draft constitutional document for the Prussian state ("Charte Waldeck") of July 26, 1848

This provision, which contemporaries compared with the 2nd Amendment to the United States' Constitution , was justified by the Prussian National Assembly in a separate section of the draft constitution, which deals with the motives for the individual articles, with the right to bear arms to be one of the rights of a free man. In Germany and Austria, however, this idea was resolutely opposed by monarchs, upper military officials and conservatives in general, as they did not want to cede the military system and thus state power to the citizens.

The advance of a group of MPs in the Frankfurt National Assembly , including Robert Blum , Franz Jacob Wigard , Karl Wilhelm Wippermann and Alexander von Soiron , an explicit right to arms (“Every German has the right to be armed”, “The gun law and conscription is equal for all ”) in the projected imperial constitution was rejected, partly because it was rejected by conservatives, partly because liberals saw this right by nature already recognized in the provisions on conscription and vigilante defense .

The German Imperium

August Stukenbrok Einbeck, Illustrated Main Catalog 1912, p. 211 - free sale of sharp handguns by mail order during the German Empire

In the German Empire there was no general codification of gun law. Regulations were scattered across a variety of laws. In general, there were no restrictions on private acquisition and possession of weapons; only leading in public was regulated. Examples are the Reich Criminal Code, which contained in Section 367 (1) No. 8 RStGB the punishable prohibition of shooting in inhabited places, as well as the law against the efforts of the Social Democrats that are dangerous to the public ( Socialist Law ), whose Section 28 (1) No. 4 es enabled the central authorities of the federal states to enact regionally limited weapon prohibition zones.

August Bebel and Wilhelm Liebknecht , the founders of German social democracy , fought as resolute opponents of Prussian militarism together with the International Workers' Congress at the beginning of the 20th century for “people's arming” based on the model of the Swiss militia army .

Weimar Republic

But only after the First World War in the democratic Weimar Republic did the Volkswehr briefly appear as part of the November Revolution in Germany. In Article 177 of the Versailles Treaty, the victorious powers demanded disarmament in the civilian sphere as well. This was decided by the German Reichstag on August 5, 1920. However, a complete disarmament could not be achieved because the gun possession was not registered.

The registration obligation came with the first comprehensive regulation of the gun law in the law on firearms and ammunition of April 12, 1928 . It replaced the Republic Protection Act of 1922, which was enacted after the assassination attempt on Walther Rathenau .

The general ban on acquiring firearms has been lifted. For the first time, weapons and ammunition purchase certificates as well as an obligation to carry weapons (to be carried in public) were introduced. In addition, the law regulated the manufacture and sale of firearms and ammunition and contained criminal provisions for violations of the regulations issued. By introducing purchase certificates, the state was able to access the weapons of the gun owners at any time.

In this law, the terms reliability and need appear for the first time, which have since been adopted in all subsequent German gun laws and shape German gun law.

  • Reliability was the prerequisite for a purchase certificate - similar to today's gun ownership card - so that only state-approved citizens (“authorized persons”) are allowed to acquire and own firearms.
  • A proof of need only had to be presented if the application for a gun license was intended.

The automobile clubs , especially the AvD , advocated a general arming of motorists. "The necessity of giving motorists the opportunity to defend themselves against a possible attack should be evident even to the most convinced pacifist." The efforts were at least successful in so far as the Reich Minister of the Interior instructed the states to recognize a need for motorists who often take trips through remote areas.

The domestic political crises and increasing radicalization led to many emergency ordinances over the next few years. In the fourth emergency ordinance of December 8, 1931, the proof of need was required for the first time for issuing a weapons or ammunition purchase certificate.

time of the nationalsocialism

Immediately after the National Socialists ' seizure of power ' in 1933, the weapons legislation of the Weimar Republic was used to disarm political opponents or to carry out raids and house searches under the flimsy reason of "looking for weapons" . The weapons law of 1928 was used as the legal basis, which granted the police authority the right to issue and withdraw weapons permits. For example, on April 21, 1933, the police chief of Breslau decreed that the Jews must immediately hand over their gun licenses and shooting permits to the police authorities. A prominent example of this is Albert Einstein , whose summer house in Caputh am Schwielowsee was searched in the spring of 1933. Large raids such as April 4, 1933 in the Scheunenviertel in Berlin were carried out. After the Jewish population was classified as untrustworthy, no gun licenses were issued to them.

In 1938, weapons law was comprehensively re-regulated by the National Socialists in the Weapons Act of March 18, 1938 (RGBl. I p. 265). The aim of this law was to make it more difficult for opponents of the regime to obtain weapons and, on the other hand, to make it easier for the German people to be held under military rule. It relaxed the previously existing regulations for officials of the NSDAP and its affiliated organizations. According to Sections 18 and 19 of the Weapons Act, this group of people no longer required a gun license to carry firearms supplied for work. The scheme favored u. a. Unterführer of the NSDAP from the Ortsgruppenleiter, the Sturmabteilung , the Schutzstaffel , the National Socialist Motor Corps and also the Hitler Youth from Bannführer upwards. The Weapons Act, on the other hand, forbade “ Gypsies ” from possessing weapons, as well as all persons who had been deprived of their civil rights or who were under police supervision. In the law directly Jews were forbidden to participate in the commercial manufacture of firearms and ammunition. A purchase certificate was only required for handguns , while long guns and ammunition could in principle be freely acquired again.

Immediately after the “ Reichskristallnacht ”, Jews were banned from possessing weapons by the regulation against the possession of weapons by Jews of November 11, 1938 ( RGBl. I p. 1573). In the contemporary report of the Apostolic Nuncio Berlin to Eugenio Pacelli on the November pogroms it says: “Also all weapons were taken from the Jews; and although the purpose was completely different, that was a good thing, because the temptation to commit suicide must have been great for some. "

The reprisals against the Jews in the Nazi gun control uses the National Rifle Association , and it has close Author Stephen Halbrook as argument against tightening of gun laws . Gun control is equated with National Socialism; People who stand up for gun control are defamed as sympathizers of National Socialism.

1946 to 1976

On January 7, 1946, the Allies issued Control Council Order No. 2, which banned every person and authority from possessing weapons in order to enforce the disarmament of the population. In 1950, the first easing resulted from the Implementing Order No. 10 to Law No. 24 of June 10, 1950. Sporting long guns (shotguns up to caliber 12 and rifles up to caliber 8 mm) were no longer prohibited as long as their magazines could not hold more than 5 rounds. The police and border guards were allowed to receive pistols and revolvers (handguns). However, all weapons had to have a single trigger, i. H. fully automatic weapons were still banned for civil servants.

On May 26, 1952, the Federal Republic of Germany regained full sovereignty by means of the German Treaty and the Reich Weapons Act regained full legal force.

Since 1956, private individuals were again allowed to own firearms for private use. In 1968 the first uniform federal weapons law was created. This mainly related to the arms trade and state fire, as the federal government still lacked the legislative competence to regulate acquisition uniformly across the country. Private gun ownership was federally regulated, which led to some blooms. While the acquisition of alarm guns in Hamburg was not only subject to a purchase certificate, but also to a proof of need, hunters in Bavaria and Hesse could buy as many handguns as they wanted. Some manufacturers and mail order companies used these different regulations.

In 1970, on the initiative of the Hamburg Senate, a Federal Council Commission was founded under the chairmanship of the Hamburg Government Director Siegfried Schiller, which drew up the draft for the nationwide weapons law. His endeavor was to “prevent all citizens in all regions from defending themselves.” The Hamburg government director insisted “that even the mere possession of weapons without ulterior motive could pose a threat to the general public and that the planned rigorous regulation was justifiable . "Although offenses with single-shot and semi-automatic long guns, which are mainly used by hunters and sport shooters, were not known, the Federal Criminal Police Office kept no statistics on firearms relevant to offenses and the Ministry of Economic Affairs doubted whether violent crime could be prevented by rigorous regulation, one should A purchase certificate requirement for all firearms will be introduced. "In the Interior Committee of the Bundestag" they were "ready to give privileges to around 250,000 hunters and one million sport shooters as potential gun buyers."

In 1972, through an amendment to the Basic Law, the federal government acquired the legislative competence for weapons law. For the first time after the Second World War, the entire subject of gun law was regulated in a nationwide law (exception: Land Berlin). For weapons that were previously freely available, an obligation to register, purchase certificates and regular quotas for needs have been introduced. Germany claims to have one of the strictest gun laws, since civilian gun ownership was generally controlled for all firearms at this early stage . According to Gernard Ptrykus, under the impression of the police murders in Oberhausen, the consultation took place somewhat hastily. It turned out that the law burdens both administrative authorities and citizens more than was necessary. On July 1, 1976, the new Arms Act came into force, which had the following major changes:

  1. Loss of the five-year limitation of the gun ownership card (Section 28, Paragraph 1)
  2. Introduction of a special gun ownership card for sport shooters and collectors (Section 28 (2))
  3. Exemption of ancient weapons from the possession card requirement (Section 29 Paragraph 2, No. 1)
  4. Holders of gun ownership cards waive the ammunition purchase license (Section 29 Paragraph 2, No. 1)
  5. Facilitation of proof of need for the acquisition of sporting weapons by sport shooters (Section 32)
  6. Loss of a special import permit in addition to the gun ownership card (Section 27)
  7. Opening of a new registration period for old weapons (§§ 58,59)

Anyone who had freely acquired weapons before 1972 but now entered illegal weapons on a weapon ownership card was allowed to keep them. However, since these gun ownership cards were limited to five years in 1972, only a few citizens met this reporting requirement. It was not until 1976 that the general limitation of the gun ownership card was lifted that gun owners decided to register over three million guns. In professional circles, this process is called reporting teamnesty . The weapons registered at that time, together with inherited weapons, are the only ones in Germany that can still be owned without need. However, the acquisition of ammunition for these is usually excluded.

1977 to 2002

A third amendment law was prepared as early as 1981. But neither in 1984 nor in 1987 did parliament come to a final decision. The draft law presented after a hearing of the associations in December 1997 did not reach the Bundestag either. It was not until 1998 that the then new federal government began a structural reform of the gun law. The aim was to simplify the law. The reform came about in cooperation with all affected groups (shooters, hunters, gun collectors, police). The aim of the reform was to better protect the population. The key points were the changed storage regulations, stricter state requirements for the "reliability" of the gun bearer, prohibition of the acquisition of weapons by "extremists", the so-called small gun license for irritant, alarm and signal weapons and restrictive regulations for switchguns and drop knives, butterfly knives and Throwing stars.

In a May 2001 newsletter, the Police Union welcomed the revised bill.

The changes made by consensus at the time:

  1. Obligation to report gas and alarm weapons with registration of previous possession (reason: make up 60% of the means of crime in robbery offenses)
  2. Small gun license for carrying gas and alarm weapons (reason: as in point 1)
  3. No ban on wielding knives (reason: impractical)
  4. Classification of firearms according to EU standard (reason: EEC directive - see also SALW )
  5. Storage in class A safes or resistance grade 0 (reason: prevention of theft)
  6. Stricter requirements for checking reliability (reason: prevention of misuse)
  7. Increasing the requirements for the needs of a sport shooter (reason: prevention of abuse)
  8. Generally recognized need for sport shooters with regular contingents (reason: legal certainty )

In August 2001, the federal government introduced the bill. The obligation to report and register gas and alarm weapons relevant to the crime was removed, as the federal states avoided the enforcement costs for the 15 million weapons in old possession.

Criticism of the draft law

Criticism of the opposition

The FDP complained that the law "leads to more bureaucracy and restrictions for legal gun owners without significantly improving the security of the citizens." The CDU also shared this opinion, since the "citizens of legal gun owners such as shooters, Hunters and traditional shooters are not in danger. ”The big problem is illegal gun owners. As long as the acquisition and possession of the crime-related gas and alarm weapons are still free, the so-called small gun license does not lead to more security.

Criticism of the associations and clubs concerned

The chairman of the Gun Law Forum , Herbert Keusgen, who had worked on the consensus for years, was completely surprised by the about-face in the draft. "The draft follows the typical ideas of the bureaucracy, which postulates the 'total control' of legal gun possession, but without having any real influence on abuse or illegal weapons" (FWR - Forum Gun Law). The President of the German Hunting Association was also involved in the consensus and "therefore [...] particularly disappointed about this change in direction by the federal government" (DJV). The Association of German Gunsmiths and Gun Dealers also missed the consensus reached in the draft presented. "There is a lack of any approach to combating illegal weapons ... The so-called temporary possession of weapons blocks [...] the craft" (VdB). The draft was "characterized by an obvious distrust of the legal gun owner. […] The only gain for internal security is achieved through the […] new rules on safekeeping ”(DSB - Deutscher Schützenbund ). "With the factually in no way justifiable exaggeration of the so-called 'principle of need' and the motto 'As few weapons as possible into the people', the public is supposed to be led to believe that there is such an unrealizable increase in security" (JSM - Association of Arms Manufacturers ). “In contrast to the current regulation, the time limit on the license to own a weapon is completely unacceptable. [...] Through downright ridiculous bans, further weapon offenses are artificially created ”(BDMP Bund der Military- und Policeschützen ). "I wonder where the anti- sport shooting spirit of this draft comes from with all this tightening, after the shooters of all associations have behaved loyally to the state and in accordance with the law since 1972" (BDS - Bund Deutscher Sportschützen ). "The regulations for safe storage [...] [can] make any presentation in a museum or any other exhibition impossible" (Board of Trustees for the Promotion of Historical Weapons Collections). "Without changes, collecting and documenting ammunition would be impossible in this country" (Cartridge Collectors Association).

On October 19, the Federal Council issued an opinion on the 91-page legislative text with two annexes and the 114 pages of explanations. He introduced 116 new amendments. On December 13, 2001, the first reading of the draft law took place in the German Bundestag.

Criticism from the police union

"The fundamental revision of the gun law threatens to become a laughing stock in the legislative process" was the headline of the GdP magazine in February 2002. While the law wanted to drastically restrict legal gun ownership, private gun ownership was no problem at all from the police point of view. Legal firearms were used in only 0.013% of all crimes. Even in the offenses involving firearms, only 3.4% of legal weapons were involved. Transparency, understanding and application should be increased in the new law, but the draft law is at least as incomprehensible as the law of 1972. The GdP also questioned the claim that the new law was "exclusively aimed at public safety". By eliminating the obligation to register gas and alarm weapons relevant to the crime, one could also save the “small gun license”, which would only promise a considerably cost-intensive but ineffective enforcement effort and serve as an alibi effect. The GdP welcomed the safe storage. However, she found the expansion to include cutting and thrust weapons questionable. Since no case numbers were available, axes, sabers and daggers would not need to be kept in safes instead of on the wall in museums, cupboards or private apartments. The increased demands on gun cabinets, which would cause the ceiling of an apartment building to collapse due to their weight, are also absurd. The "lax handling of the key and the habit [...] of keeping the pistol in the bedside table [...] is more questionable than a possibly inadequate resistance value of the gun cabinets." The GdP welcomed the increased demands on reliability. However, she shared the lack of understanding of introducing temporary gun ownership due to the increased demands of need. “The hunter who gives up the actual hunting in old age does not become a security risk because he continues to own his hunting weapons although the need has ceased to exist. The same applies to sport shooters; the vast majority of them sell the majority of their sporting weapons anyway when they give up their hobby. "

Answer from the federal government

On February 25, 2002, the Federal Government commented on many of the above-mentioned points of criticism, which were contained in a small inquiry from the PDS.

Cutting and thrusting weapons are weapons that must not get into the hands of children. Therefore, safe storage is necessary.

There would be no temporary gun ownership. If a need only temporarily disappears, the authority can waive a revocation. This also applies in the case of discontinuation due to age-related reasons.

The withdrawal of hereditary weapons after five years can be prevented if the industry develops a means of blocking it during this time.

The Federal Government was unable to answer the question of how many legal hereditary weapons, how many legal sporting and hunting weapons and how many cutting and thrusting weapons were involved in the misuse because of a lack of data collection. The question of how many criminal weapon collections arose under the guise of mock clubs was also not answered. Only the question of the loss of legal weapons - broken down by private and government property - could be answered statistically. The loss amounted to 6,000 firearms. Only about 350 thefts were statistically recorded and broken down. The remaining 5650 losses were not broken down further. Of the approx. 350 thefts recorded, approx. 89% took place in the private, approx. 4% in the commercial, approx. 5% in the military and approx. 2% in the official sector. Of the stolen weapons, 15% belonged to hunters, 14% marksmen, 6% manufacturers and dealers, 1% to collectors and 51% to other weapon owners. The remaining 11% are divided between the transport industry, the armed forces, the police, authorities, other businesses and NATO. A connection between theft and abuse could not be shown due to a lack of statistical data.

The loss of 6000 firearms annually is a sufficient reason for the right of official control of the storage, even if this restricts the fundamental right to the inviolability of the home.

"The feared enforcement effort, the resistance from the arms trade and the difficulties in recording the millions of weapons that are already in private hands" are the reason why gas and alarm weapons are not required to be reported and registered.

When asked why juvenile prison sentences also mean a rejection of reliability, the government replied: "The unreliability in the cases in question (is) not accepted as a 'blanket'."

The final sentence of the government read: “In the Federal Republic of Germany, private arms possession is regularly tied to a requirement recognized by law. This principle of need is fundamentally laid down in the EU Weapons Directive for all member states. "

Decision making

The lead Interior Committee of the Bundestag held a hearing in March 2002 in which 15 experts took part. As a result, the committee adopted the draft law on April 24, 2002, as amended by the coalition groups. The amendments submitted by the CDU parliamentary group were also accepted on two points and the version worked out in this way was passed in the Bundestag on April 26, 2002 against the votes of the FDP and PDS.

The rampage in Erfurt on the same day , however, forced a public “follow-up consultation” on the law, which resulted in the amendments proposed by the mediation committee on June 12, 2002. The Bundestag and Bundesrat had since agreed to this.

Changes in 2002

The change to the Weapons Act of October 11, 2002 was significantly influenced by the rampage in Erfurt on April 26, 2002. Politicians tried to restrict the spread and misuse of weapons with restrictive regulations . For example, the age limit for acquiring weapons for hunters and sport shooters has been raised. The minimum age for the acquisition of firearms by the holder of a valid hunting license has been increased to 18 years (previously: 16 years for hunting long guns). For all other groups of needs (marksmen, gun collectors, gun experts) the minimum age for purchasing large-caliber guns is now 21 years (previously 18 years). In addition, people who are not yet 25 years old have to submit a medical-psychological report that proves their personal suitability in order to be issued a weapon possession card for large-caliber weapons ( hunters are expressly excluded from this). The storage requirements have been tightened. In addition, the small gun license for carrying alarm weapons was introduced. Pump guns with pistol grip and without buttocks were banned, as were throwing stars, jumping , dropping , fist and butterfly knives. Arms dealers must report every sale (surrender) of reportable firearms to the acquirer's authority and have a record obligation when selling alarm weapons.

The Federal Constitutional Court did not accept a constitutional complaint filed by the German Shooting Opportunion against some of these changes .

Changes in 2008

The 2002 amendment brought some relief: the acquisition of fake weapons was no longer prohibited. Hunters and sport shooters are allowed to purchase them under certain conditions (case length, total length, magazine capacity, etc.). Similarly, “free pretend weapons” (under 7.5 joules of muzzle energy) can be acquired by adults and softair pretend weapons under 0.5 joules by 14-year-olds. Since the airsoft guns below 0.5 joules according to the EU directive as toy guns were not subject to the ban, they could be “used” in public in many federal states until 2008. This increased the risk that police officers would mistake these toy guns for real weapons and react disproportionately. When the gun law was changed in 2008, the use of fake guns in public was banned. This ban did not only apply to replicas of war weapons, but also to replica handguns that were not banned until 2008 (including the pea pistols ) and decorative weapons that had been rendered unusable.

The improper use of one- hand knives and fixed knives with a blade longer than 12 cm was defined as an administrative offense. Exceptions should apply if there is a legitimate interest, for example in sports (hunting, fishing) or the maintenance of customs.

With the changes, the requirements of the United Nations Firearms Protocol have also been implemented in German law. This facilitates the tracking of weapons and makes it more difficult for them to drift into the illegal area at home and abroad.

The obligation to block, which was already warned in 2002, in order to prevent unauthorized access to hereditary weapons even better, became law on April 1, 2008. Since the industry does not yet offer a blocking system for all hereditary weapons, the weapons authorities initially allow an exception for non-blocking weapons upon request. There are also exceptions for collections of cultural and historical significance.

Both the Weapons Act and the General Weapons Act Ordinance of 2003 allowed for possible interpretations of the labor law. The 2008 amendment clearly stipulated that the enforcement requirement (acquisition of a maximum of two guns within six months) also applies to holders of a yellow gun ownership card and marksmen can also acquire so-called non-association guns.

In 2002, the acquisition of essential firearm parts became license-free. In 2008 improvements were made and their ownership is notifiable.

Changes in 2009

On July 17, 2009 the Weapons Act was changed again. The reason was the rampage in Winnenden on March 11, 2009. The young perpetrator was given unauthorized access to the murder weapon and ammunition because the father had not kept them in suitable cupboards, as required by law.

Temporal sequence

The CDU / CSU and the police union (GdP) initially rejected the criticism of the existing gun law, as the storage requirements for firearms are already regulated by law. According to Wolfgang Dicke, the weapons expert at the police union, “the 'weak point of the weapons law' is the person himself” who does not observe these laws. But "the broad public discussion after this school massacre forced the coalition of the CDU, CSU and SPD to make some changes to the Weapons Act in July 2009" (quote from a small question at the Bundestag of the Bündnis 90 / Die Grünen parliamentary group). The proposals of the political parties ranged from central storage of weapons and ammunition to a ban on large-caliber weapons, biometric security of weapons and a total ban. On May 31, 2009, the coalition presented the changes that it had developed together with a specially set up federal-state working group.

The aim of the changes is to prevent unauthorized access to legal weapons and to make it more difficult for minors to access firearms relevant to criminal offenses.

In order to be able to pass the changes before the parliamentary summer break, they were appended to the draft of the Fourth Act to Change the Explosives Act, which is already in progress. The coalition avoided a statement by the Federal Council and the first reading in the Bundestag. Gun owners and lawyers viewed this approach as constitutionally questionable. Union politicians and the police union also considered the plan to carry out unannounced house checks on gun owners to be legally questionable. On June 15, 2009, experts were invited to a hearing by the Bundestag's Interior Committee. On June 17, 2009, the FDP parliamentary group submitted a motion for a resolution to amend the weapons law, which called for improved enforcement and an evaluation of the 2008 changes. Stricter weapons law should be avoided "if they are only suitable to fool the public into an apparent security". In addition, a higher priority was given to violence and crime prevention. On June 18, 2009, the Bundestag passed the coalition vote on the new gun law without further corrections to the May 31, 2009 draft.

On July 10, 2009, the Federal Council approved the change in the law. At the same time, he also agreed to Baden-Württemberg's motion for a resolution to review further severe restrictions in large-caliber sport by December 31, 2009.

Content of the changes

Gun owners must allow a check of the correct storage of their guns in their homes even if there is no justified doubt about safe storage.

Against this change and the associated encroachment on the inviolability of the home according to Art. 13 of the Basic Law , the Fördervereinigung Legaler Waffenbesitz e. V. lodged a constitutional complaint with the Federal Constitutional Court on July 22, 2010. By decision of February 6, 2012 (2 BvR 1644110), the complaint was not accepted for decision by the Federal Constitutional Court without further justification.

According to the German Schützenbund (DSB), some authorities charge up to 500 euros for suspicious-free controls. A hunter from Esslingen, supported by the Baden-Württemberg State Hunting Association, brought an action against these charges.

The willful violation of the retention obligation is no longer an administrative offense, but a criminal offense and can be punished with a fine or imprisonment for up to three years.

Three changes affect the needs test:

  • Continuous needs testing.
  • Exceeding the regular quota: In future, the approval of more than three semi-automatic long guns and more than two multi-shot handguns requires regular participation in shooting sports competitions.

If the general needs test after three years was subject to a fee in the federal state of the sport shooter, additional costs are to be expected if ongoing needs tests by the authorities follow. Sport shooters who do not regularly play active shooting sports with a specific weapon must expect the license to own this weapon to be revoked.

The law expressly included the possibility of destroying confiscated weapons. In Baden-Württemberg, on February 28, 2010, a VwV weapons destruction scheme was passed, which only allows recovery in exceptional cases.

According to the EU directive, a computerized central or decentralized weapons register must be introduced in every EU country by 2014 . Germany will implement this centrally in 2012 through the 2009 amendment to the Weapons Act.

It was decided to raise the minimum age for training with large-caliber sporting weapons to 18 years.

An amnesty limited to December 31, 2009 for owners of illegal weapons was decided.

The change gives the regulators the opportunity to stipulate not only safety containers but also the security systems mentioned there for large-caliber firearms.

Discussions after 2009

Requests for further bans

The changes in the Weapons Act passed in 2009 as a result of the Winnenden rampage were not sufficient for the Bündnis90 / Die Grünen parliamentary group. On June 16, 2010, they applied for further bans and requirements, as follows: central storage of firearms and / or ammunition in the club houses, ban on large-caliber handguns, ban on ammunition with special penetration, general restriction on private gun ownership, a central electronic gun register , Gun acquisition and gun ownership permits for alarm guns.

The 2011 attacks in Norway , in which A. Breivik killed 8 people with a car bomb and shot 69 people on a holiday island with a semi-automatic weapon, prompted the Bündnis 90 / Die Grünen faction to draft a law on November 9, 2011 of semi-automatic firearms similar to war weapons. Ten days later, the airsoft player Timo Schröder submitted the petition 21204 Gun Law - No tightening of gun law with regard to semi-automatic weapons and apparent weapons , which only had 22,589 online signatories. This petition was not known to anyone except the submitter and was only sponsored by a few associations. Nevertheless, it was mentioned in the Bundestag in the speeches given for the record on January 19, 2012 on this draft law.

Both applications were discussed on May 21, 2012 at a public hearing before the Bundestag's Interior Committee and met with strong criticism from the experts. Police and prosecutors emphasized that illegal weapons, not legal weapons, are causing problems. All experts agreed that central storage poses a greater threat to public safety than storage at home. The assumption that fewer weapons lead to more public safety is unfounded.

According to a press release from February 15, 2013 by the Federal Constitutional Court , three constitutional complaints against the current weapons law were not accepted for decision after the Winnenden rampage . The complainants of the initiative No murder weapons as sporting weapons! saw themselves restricted in their basic right to life and integrity as long as the German weapons law allowed the possession of deadly firearms for the practice of shooting sports. The Constitutional Court saw it differently and justified the rejection as follows: “The legislature has a wide margin of appreciation and flexibility in fulfilling its constitutional duty to protect the life and physical integrity of the citizens. His decision as to which measures are required can only be verified to a limited extent. A fundamental right of the complainants to further measures would presuppose the - in the present case not applicable - determination that the applicable regulations are completely unsuitable or completely inadequate. "Two complainants filed an appeal against this decision on May 14, 2013 at the European Court of Human Rights ( ECHR) in Strasbourg, which were declared inadmissible by the ECHR on May 21, 2015.

Tax and fee plans

In November 2011 the SPD parliamentary group in Bremen demanded a gun ownership tax of 300 euros per gun. According to Björn Tschöpe , this tax was intended on the one hand to rehabilitate the city's budget and to encourage owners to hand over their weapons. This proposal met with considerable opposition, including a. at the Bremen sport shooters, at the taxpayers' association , at the CDU Bremen, at the German Shooting Association and the German Olympic Sports Association . Many citizens saw these tax plans as a nuisance and announced this by signing and commenting on the petition against the gun tax. The citizen protests were only partially successful. Bremen converted the tax plans into a slightly lower fee obligation of 139 euros per inspection visit. The legal text § 36 Paragraph 3 Clause 2 WaffG passed in 2009 grants the authority the possibility of checking the storage regardless of suspicion. The weapon management regulation passed in 2012 emphasizes: "The suspicion-independent controls are in the public interest, so no fees should be charged." Time to keep the weapons in accordance with the law. In contrast to Bremerhaven, Bremen is planning annual, fee-based inspections of the 4800 registered gun owners. The Bremen sport shooters consider the planned annual checks to be chicane. The desired side effect has occurred. Many gun owners gave up their possessions by giving their guns to the police station free of charge.

Changes in 2012/13

The Firearms Ordinance (Regulation (EU) No. 258/2012) came into force on September 30, 2013. This contains EU-wide uniform regulations for the export of certain firearms. From this point in time, exports of the firearms listed in Annex I of this Ordinance require a license in accordance with Article 4 of the Firearms Ordinance.

Content of the changes

  • The countries Iceland, Norway, Liechtenstein and Switzerland are treated like EU countries in terms of weapons law, i. H. There is a significant relief when traveling with weapons, as well as the import and export of weapons, weapon parts and ammunition
  • Reporting of weapon numbers in the case of permanent export
  • Weapons, ammunition and their components must be registered with a customs office in advance before traveling to a third country (except Iceland, Norway, Liechtenstein and Switzerland) and presented to customs when leaving the EU.
  • General Permit No. 25 is not applicable when traveling to embargoed countries. This means that taking weapons with you when traveling, at trade fairs, etc. is only possible with approval from BAFA.

Changes in 2017

On July 6, 2017, the Second Act to Amend the Weapons Act came into force. The main changes are:

  • In future, for the storage of firearms, containers of min. level 0 Din / EN1143-1 can be used. For already used containers of the VDMA 24992 standard (so-called A / B cabinets) that were used on the day it came into force, grandfathering applies.
  • On that date, a one-year amnesty (limited to July 1, 2018) came into force, in which unauthorized weapons (not just firearms!) And ammunition can be handed over to the responsible authorities without penalty. This amnesty also includes the (actually) illegal guiding on the direct route to the authority for the purpose of surrender and destruction.
  • Hunters now have to report the acquisition of a weapon - regardless of whether it is a hunting license or a weapon possession card (WBK) - to the authorities within two weeks (previously: four weeks for a hunting license).
  • A new ban on the possession of hard core bullets (with a Brinell hardness over 400 HB)
  • The acquisition of a weapon that requires a license may in future also be reported to the authorities electronically.

Changes 2020

On February 20th, 2020 the third law amending the Weapons Act came into force. The main changes are:

  • Hunters can purchase silencers for long guns with center fire ammunition on presentation of a valid hunting license. The previous entry is therefore no longer necessary.
  • Hunters and commercial license holders are allowed to use night vision attachments and night vision attachments.
  • The protection of the constitution will be included in the reliability check in future.
  • Reporting to the National Arms Register will be mandatory from September 1st, 2020.
  • From September 1st, 2020, magazines for semi-automatic long guns may only have a capacity of 10 cartridges, magazines for semi-automatic short guns a capacity of 20 cartridges.
  • From 01.09.2020, only 10 weapons may be purchased at the New Yellow WBK without a need test, each weapon above only with a new needs test.
  • State governments can prohibit or restrict the use of weapons and knives with a blade length of more than four centimeters on certain public roads, paths, squares, buildings or areas as well as youth and educational institutions. Exceptions can be made if there is a legitimate interest, e.g. B. for holders of weapons law permits, people who use knives in connection with traditional customs or the practice of sport, can be issued.

Weapons law classifications

The term “leadership” in the sense of the law describes the exercise of actual power over an object outside of the pacified property. In the table below, this term generally refers to having a weapon ready for use. This is only permitted in exceptional cases. According to § 10 Abs. 4 WaffG permission is for guiding a weapon by a firearms license issued, but a gun permit is issued for all weapons, in particular for pneumatic weapon (except compressed air weapon for immobilization of animals). Even if a gun license has been issued, it is not permitted to carry a gun in all locations. Section 42 WaffG, for example, prohibits the carrying of weapons of any kind at public events (exceptions can be granted in justified cases).

In terms of hunting, the term “guiding” must be differentiated from the term “transport”. Here the weapon is already carried when it is being transported for the purpose of hunting (i.e. when it is removed from the weapon cabinet). However, it may only be ready to fire (also undercharged) in the hunting area for hunting. It is also important to observe the accident prevention regulations (UVV), specifically the UVV hunting . This prohibits u. a. Carrying a weapon in the car with a cartridge in the inserted magazine and / or chamber. On the way to the area, hunters are allowed to use their weapons - albeit with restrictions. When driving to the police station, the unloaded weapon can therefore be transported in the interior of the vehicle instead of in the locked trunk. This relief results from the wording in the Weapons Act, which allows the use of the weapon during hunting “and in connection with it”. This includes, for example, the use in a wildlife accident.

Hunters are not granted any privileges when purchasing handguns and their ammunition. They also need a need and a purchase permit in the gun ownership card like shooters. However, hunting itself is considered a need for two handguns - usually a small caliber for trapping and a powerful caliber for catching hoofed game . A hunting rifle is transported if it is carried for any other purpose (shooting range or gunsmith). The weapon must be transported in a locked container (weapon case, case or locked trunk that cannot be reached from the passenger cell).

Sport shooters are not allowed to “lead” their weapon, but only “transport” it (to the shooting range or gunsmith). The same regulations apply as when transporting a hunting rifle.

Weapon type example Acquisition To lead Category according to the EC Weapons Directive
Semi-automatic long guns as well as short guns Pump action , pistol , revolver , self-loading rifle , automatic rifle Green gun ownership card with a license to acquire short and long guns for sport shooters and a license to buy short guns for hunters . Semi-automatic long guns that are loaded with more than three cartridges, as well as automatic weapons, are prohibited for hunting. Gun license , hunting license Cat. B
Single-shot, repeating weapons Typical hunting and sporting weapons, e.g. Mauser 03, Remington 700 valid annual hunting license, yellow gun possession card ( sport shooters ) Gun license , hunting license Cat. C
Shotgun Hunting weapon (e.g. over and under shotgun) valid annual hunting license, yellow gun possession card (sport shooters) Gun license, hunting license Cat. D
Compressed air weapon over 7.5 joules Weapon for field target valid annual hunting license, yellow gun ownership card Hunting license not recorded
Compressed air weapon under 7.5 joules Air rifle 18 years of age Gun license not recorded
Airsoft gun below 7.5 joules Gun operated with spring pressure, compressed air or gas pressure for firing plastic balls 18 years of age outside pacified property in a locked container not recorded
Airsoft gun less than 0.5 joules toy gun operated with spring pressure, compressed air or gas pressure for shooting plastic balls free, but voluntary dealer restriction on sales to persons over 14 years of age free (if no pretend weapon according to § 42a WaffG) not recorded
Gas, signal and alarm gun with PTB marking in a circle Weapon for firing gas cartridges for self-defense 18 years of age Small gun license not recorded

See also

literature

  • Rolf Hennig: The weapons expertise test in question and answer for marksmen, hunters, gun license applicants, security companies, leisure captains, gun collectors. 22nd edition. Munich 2006, ISBN 3-8354-0234-X .
  • André Busche: Compendium of weapons expertise. 3. Edition. 2009, ISBN 978-3-940723-39-0 .
  • André Busche, Gerhard Schorner: Authorities manual on gun law . 6th edition. 2010, ISBN 978-3-940723-03-1 .
  • Robert E. Heller, Holger Soschinka: Gun law, manual for practice . 3. Edition. Verlag CH Beck, Munich 2012, ISBN 978-3-406-55727-9 .
  • Gunther Dietrich Gade, Edgar Stoppa : WaffG, weapon law, commentary . 1st edition. Verlag CH Beck, Munich 2011, ISBN 978-3-406-62087-4 .

Web links

Wikisource: Weapons Act (1938)  - Sources and full texts

Current legal norms

History / other

Individual evidence

  1. ↑ Germany has one of the strictest gun laws in the world. on the National Rifle Association website, Jan. 4, 2001.
  2. ↑ Tightening laws does not increase safety. On: Deutsche Welle. July 21, 2010.
  3. ↑ Reinhard Scholzen : More security by law. (PDF, 455 kB) The genesis of the German weapons law. In: The political opinion No. 407. Konrad-Adenauer-Stiftung , October 2003, p. 34 , accessed on September 7, 2015 .
  4. ^ A b Michael Kotulla: The constitutional constitution of Prussia (1848-1918): A collection of sources with a historical introduction . Springer, Berlin, Heidelberg 2013, ISBN 978-3-642-55453-7 , pp. 7 ff ., Doi : 10.1007 / 978-3-642-55453-7 ( limited preview in Google Book Search [accessed on January 12, 2020]).
  5. ↑ Ute Frevert: The barracked nation: Military service and civil society in Germany . 1st edition. CH Beck, Munich 2001, ISBN 978-3-406-47979-3 , pp. 392 ( limited preview in Google Book Search [accessed January 12, 2020]).
  6. ^ Friedrich Ebel: "Der papierne Wisch": The significance of the March Revolution in 1848 for the Prussian constitutional history (=  series of publications of the Legal Society, Berlin . Volume 158 ). de Gruyter, Berlin 1998, ISBN 978-3-11-016332-2 , p. 10 ff . ( limited preview in Google Book Search [accessed January 12, 2020]).
  7. ↑ Urte Evert: Die Eisenbraut: Symbol history of the military weapon from 1700 to 1945 . Waxmann, 2015, ISBN 978-3-8309-8217-3 , pp. 73 f . ( limited preview in Google Book Search [accessed January 12, 2020]).
  8. ↑ Remarks on the drafts of the draft constitution for the Prussian state . Publishing house of Decker's Secret Ober-Hofdruckerei, Berlin 1848, p. 9 (17 p., Limited preview in Google Book search).
  9. ^ Heinrich Bernhard Oppenheim: Benedikt Franz Leo Waldeck, the leader of the Prussian democracy (1848-1870) . Publishing house by Robert Oppenheim, Berlin 1880, DNB  36156760X , p. 85 (279 p., Limited preview in Google Book search).
  10. ↑ Karl Friedrich Rauer (Ed.): Protocols of the constitutional commission appointed by the assembly to agree the Prussian constitution . Publishing house by Carl Heymann, Berlin 1849, p. 125 ( limited preview in Google Book Search).
  11. ↑ Carl Bade: The gun law of the people . In: German Reichstag newspaper . No. 62 . Frankfurt August 1, 1848, p. 265 f . ( limited preview in Google Book search).
  12. ^ Franz Wigard (ed.): Stenographic report on the negotiations of the German constituent national assembly in Frankfurt am Main . tape 1 , no. 1-33 . Frankfurt am Main 1848, p. 685 ( limited preview in Google Book search).
  13. ↑ § 367 Paragraph 1 No. 8 RStGB .
  14. ↑ Section 28, Paragraph 1, No. 4 of the Socialist Act .
  15. ↑ Reich Disarmament Act of August 5, 1920 .
  16. ^ Text of the Law on Firearms and Ammunition of April 12, 1928 .
  17. ↑ More security by law by Reinhard Scholzen (PDF file; 455 KB, p. 2) - viewed on August 24, 2010.
  18. ↑ History of Gun Law ( Memento from July 19, 2011 in the Internet Archive ) Mönchengladbach Police - viewed on August 22, 2010.
  19. ↑ Allgemeine Automobil-Zeitung, Vol. 89, 1928, No. 49, p. 7.
  20. ↑ Uwe Fraunholz: Motorphobia. Verlag Vandenhoeck & Ruprecht, Göttingen 2002, ISBN 3-525-35137-2 , p. 153.
  21. ↑ Emergency Ordinance 1931 Part Eight, Chapter I, Section 2 Firearms - viewed on August 21, 2010.
  22. ↑ a b c Stephen P. Halbrook: The Nazi Gun Law and the Disarmament of German Jews (PDF file; 87 kB) . In: Allgemeine Schweizerische Militärzeitschrift, No. 12, December 2001, p. 3 f
  23. ↑ Dennis Brian: Einstein - His Life . Wiley-VCH 2005, p. 392. ISBN 978-3527405626
  24. ↑ More security by law by Reinhard Scholzen (PDF file; 455 KB, p. 2) - viewed on August 24, 2010.
  25. ↑ Joachim Steindorf: Brief Commentary on Gun Law , Verlag CH Beck 1999. ISBN 3-406-44254-4 .
  26. ↑ Weapons Act of March 18, 1938
  27. ^ Ordinance against the possession of weapons by Jews of November 11, 1938
  28. ↑ Susanne Heim (Ed.): The persecution and murder of European Jews by National Socialist Germany 1933-1945. Volume 2: German Reich 1938 - August 1939 . Munich 2009, ISBN 978-3-486-58523-0 , p. 452.
  29. ↑ Carol X. Vinzant: Lawyers, Guns, and Money: One Man's Battle with the Gun Industry , Verlag St. Martin's Press, 2015, ISBN 9781466892897 , pp. 54–56 [1]
  30. ↑ Control Council Order No. 2 Confiscation and Delivery of Weapons and Ammunition from January 7, 1946 - viewed on August 24, 2010.
  31. ↑ History of Gun Law ( Memento from July 19, 2011 in the Internet Archive ) Mönchengladbach Police - viewed on August 24, 2010.
  32. ↑ ibid.
  33. ↑ Germany treaty is agreed ( memento of March 16, 2012 in the Internet Archive ) on Geest-Verlag.de - viewed on August 24, 2010.
  34. ↑ Germany Treaty 1952 at the House of History Foundation of the Federal Republic of Germany - viewed on August 24, 2010.
  35. ↑ Psychological basics of the weapons law assessment according to the new Weapons Act Dissertation by Armin S. Dobat on obtaining a doctorate by the examination board Dr. phil. of the University of Bremen on February 9, 2007, p. 33 (PDF file; 2110 KB) - accessed on August 20, 2010.
  36. ^ Deutsche Richterzeitung editorial contribution, information - DRiZ 2002, 241 - accessed on August 26, 2010.
  37. ↑ Der Spiegel 22/1969 of May 26, 1969 - accessed on August 29, 2010.
  38. ↑ Der Spiegel 47/1971 Cocktails prohibited - viewed on September 4, 2010.
  39. ^ Zeit-Online of April 28, 1972 Bonn is planning a new weapons law - viewed on January 11, 2011.
  40. ↑ Art. 74 Paragraph 1 No. 4a GG Synopsis at dejure.org - accessed on August 29, 2010.
  41. ^ Police-NRW ( Memento from July 19, 2011 in the Internet Archive ) History of Gun Law - viewed on September 4, 2010.
  42. ↑ NRW Ministry of the Interior criticizes the police operation against the Girod family Spiegel Archive on February 18, 1974.
  43. ^ Gerhard Potrykus: Weapons Law: Weapons Act with implementing ordinances u. War Weapons Control Act. 3rd edition . CH Beck'sche Verlagsbuchhandlung, Munich 1977, ISBN 3-406-06619-4 , p. 4-5 .
  44. ^ Lars Winkelsdorf : Weapons Republic of Germany Fackelträger Verlag, Cologne 2010, ISBN 978-3-7716-4450-5 , p. 108.
  45. ↑ Deutsche Richterzeitung editorial article in issue 07/2002 - viewed on September 22, 2010.
  46. ↑ Revised draft law hits the bull's eye (PDF; 88 kB) Wolfgang Dicke (GdP circular 05/2001) - viewed on September 22, 2010.
  47. ↑ Directive 91/477 / EEC , accessed on September 22, 2010 .
  48. ↑ VISIER 09/2001 Extra supplement on gun law, PDF file (336 KB) pages 6 and 8
  49. ↑ Ibid., Pp. 4-9.
  50. ^ Journal of the Police Union. No. 2, February 2002 (PDF file; 1019 KB), pp. 22–24.
  51. ↑ BT-Drs. 14/8340 (PDF; 253 kB) from February 25, 2002 - accessed on September 23, 2010.
  52. ↑ Deutsche Richterzeitung Früh exercises - new rules on access to weapons Information - DRiZ 2002, 241 - viewed on 23 September 2010.
  53. ↑ Weapons Act - Amendment 2002
  54. ↑ BVerfG, decision of the 2nd Chamber of the First Senate of April 1, 2003, Az. 1 BvR 539/03
  55. ↑ a b Federal Ministry of the Interior: Amendments to Gun Law 2008
  56. ↑ Blocking system list of the PTB
  57. ^ Text of the General Weapons Act Ordinance
  58. ↑ FWR: Judgment against the acquisition law
  59. ↑ Essay on the development of gun law in Germany by Gregor Wensing, gun collector, specialist author and cultural advisor of the Board of Trustees for the Promotion of Historical Weapon Collections e. V. (PDF file; 143 KB)
  60. ↑ Section 36 of the Weapons Act: Storage of weapons or ammunition
  61. ↑ Union and police reject stricter gun law from spiegel.de of March 11, 2009 - viewed on August 15, 2010.
  62. ↑ BT-Drs. 17/1282 of March 31, 2010 (PDF; 117 kB) Quotation of the small question from ... of the Bündnis 90 / Die Grünen parliamentary group, p. 1, 2nd para.
  63. ↑ Topic rampage: guns in sight - but the problem is much more complex . In: GDP Newsletter , May 2009, pp. 6–20 (PDF).
  64. ↑ BT-Drs. 16/12477 of March 25, 2009 (PDF; 72 kB) Application by the Greens: Disarmament in private homes - measures against the misuse of weapons - viewed on August 15, 2010.
  65. ↑ BT-Drs. 16/13473 of June 17, 2009 (PDF; 61 kB) Application by the Greens: Reduction of legal firearms, large-caliber ban ...
  66. ↑ Press text of the CDU / CSU parliamentary group from May 31, 2009 - viewed on August 15, 2010.
  67. ↑ BT-Drs. 16/13423 of June 17, 2009 (PDF; 1.2 MB) - accessed on August 15, 2010.
  68. ↑ Law Lupe 27 May 2009 changes in gun laws
  69. ↑ Tagesblick ( Memento of the original from 23 August 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Tightened gun law is constitutionally questionable @1@ 2Template: Webachiv / IABot / www.tagesblick.de
  70. ↑ Die Welt Online of May 8, 2009 Control of gun owners highly controversial
  71. ↑ Bundestag Text Archive 2009 Gun Law  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. Experts divided over tightening gun law@1@ 2Template: Toter Link / www.bundestag.de  
  72. ↑ BT-Drs. 16/13472 of June 17, 2009 (PDF; 71 kB) Motion for a resolution ... of the FDP parliamentary group on the third discussion of the federal government's draft law - printed matter 16/12597, 16/13423 -
  73. ^ Page of the German Bundestag Stenographic report of the 227th session on June 18, 2009, pp. 175-183 of 432 (PDF; 5.8 MB)
  74. ↑ Welt.de of June 18, 2009 Today the Bundestag is unconstitutional - viewed on August 15, 2010.
  75. ↑ Federal Council decision of July 10, 2009  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. (PDF; 17 kB) Printed matter 577/09.@1@ 2Template: Toter Link / www.bundesrat.de  
  76. ↑ § 36 Storage of weapons or ammunition, Paragraph 3. Synopsis at buzzer.de
  77. ^ After the rampage in Winnenden - shooters complain against the gun law . In: Süddeutsche Zeitung , July 23, 2010.
  78. ↑ Constitutional complaint about checking the storage ( memento of the original from December 13, 2013 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. . German Shooting Association, February 14, 2012. @1@ 2Template: Webachiv / IABot / www.dsb.de
  79. ↑ State Parliament of Baden-Württemberg Printed matter 14/5672 from January 13, 2010 ( Memento of the original from August 27, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 45 kB) Obligation to pay fees for unannounced storage controls in accordance with Section 36 (3) of the Weapons Act - viewed on August 16, 2010. @1@ 2Template: Webachiv / IABot / www2.landtag-bw.de
  80. ↑ Fees in Baden-Württemberg News on gun law from the DSB - viewed on August 20, 2010.
  81. ↑ Overview of control fees in BW list of the DSB (PDF file; 29 KB).
  82. ↑ Jäger takes legal action against fees. ( Memento of the original from June 27, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. In: Pforzheimer Zeitung. June 24, 2010 - Accessed August 18, 2010. @1@ 2Template: Webachiv / IABot / www.pz-news.de
  83. ↑ § 52a Weapons Act (WaffG) synopsis at buzzer.de
  84. ↑ § 4 Requirements for a Permit Paragraph 4 Synopsis at buzzer.de
  85. ↑ § 14 Acquisition and possession of firearms and ammunition by sport shooters, Paragraph 2. Synopsis at buzzer.de
  86. ↑ § 46 Weapons Act (WaffG) at buzzer.de
  87. ↑ Administrative regulation weapons destruction of the state of Baden-Württemberg from February 8, 2011 - viewed on October 30, 2011.
  88. ↑ Directive 2008/51 / EC of May 21, 2008 . Point 2. Article 4 (4).
  89. ↑ Weapons Register Hamburg Zeit Online from April 1, 2009 - viewed on August 16, 2010.
  90. ↑ § 43a Weapons Act (WaffG) (new) synopsis at buzzer.de
  91. ↑ Bundesverwaltungsamt NWR  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. National Arms Register.@1@ 2Template: Toter Link / www.bva.bund.de  
  92. ↑ § 27 Weapons Act (WaffG) Paragraph 3.2 Synopsis at buzzer.de
  93. ↑ § 58 Weapons Act (WaffG) Paragraph 8 Synopsis at buzzer.de
  94. ↑ § 36 Weapons Act (WaffG) Paragraph 5 Synopsis at buzzer.de
  95. ↑ BT-Drs. 17/2130 of June 16, 2010 (PDF; 91 kB)
  96. ↑ BT-Drs. 17/7732 of November 9, 2011 (PDF; 102 kB).
  97. ↑ Petition 21204 Waffenrecht Bundestag
  98. ^ Information from the BDMP on the petition of January 31, 2012.
  99. ↑ Stenographic report of the 152nd session of the Bundestag on January 19, 2012 (PDF; 1.7 MB) Speeches given for the record on pages 18311–18316.
  100. ↑ Experts criticize Green initiatives for tightened gun law ( Memento of the original from March 5, 2013 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Press release Bundestag from May 21, 2012. @1@ 2Template: Webachiv / IABot / www.bundestag.de
  101. ↑ Interior Committee of the Bundestag: Verbatim Minutes No. 17/74 of the public hearing of May 21, 2012  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. (PDF; 581 kB).@1@ 2Template: Toter Link / www.bundestag.de  
  102. ↑ The right to integrity . sueddeutsche.de, July 23, 2010.
  103. ^ Federal Constitutional Court press release from February 15, 2013 .
  104. ↑ Peter Schwarz: Europe can be so heartless . In Winnender Zeitung , June 16, 2015.
  105. ↑ Gun owners should pay new tax Weserkurier from November 24th 2011.
  106. ↑ Overview of the statements against the gun tax ( memento of the original from January 23, 2013 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. District Rifle Association Bremerhaven-Wesermünde @1@ 2Template: Webachiv / IABot / www.bremerhaven-wesermuende.de
  107. ↑ A gun tax is bullied sociologist Arne Niederbacher in the Weser-Kurier interview of March 15, 2012.
  108. ↑ Completed petitions: L 18/76 - weapon control citizenship Bremen
  109. ↑ Lobby prevents gun tax Der Tagesspiegel from July 24, 2012.
  110. ↑ General administrative regulation for the Weapons Act (WaffVwV) of March 5, 2012.
  111. ↑ Bremische Bürgerschaft printed matter 18/545 (PDF; 159 kB) Answer of the Senate to the small inquiry of the parliamentary group of the CDU of July 12th, 2012 "Authorized gun owners in the state of Bremen".
  112. ↑ Annual inspection costs 139 euros each Weser-Kurier from July 24, 2012.
  113. ↑ Regulation (EU) No. 258/2012 ("EU Firearms Regulation") , accessed on October 27, 2012 .
  114. ↑ Firearms Ordinance - Regulation (EU) No. 258/2012 information from BAFA - viewed on May 31, 2017.
  115. ↑ General License No. 25 (PDF; 52 kB) BAFA - viewed on May 31, 2017
  116. ↑ Weapons Act (WaffG) Annex 1 Section 2 Number 4. Accessed on July 1, 2017 .
  117. ↑ http://www.mosbach.de/mosmedia/Downloads/Rathaus_Ppolitik/Formulare/Waffen_Sprengstoff/Kategorien_Europaeischer_Feuerwaffenpass.pdf
  118. ↑ Since 1977 there has been a ban on game with semi-automatic or automatic weapons that are structurally suitable for a magazine with a capacity of more than two cartridges ; the Federal Administrative Court pointed this out in its judgment of March 7, 2016 - 6 C 60.14 . In administrative practice, however, it was assumed that hunters are allowed to legally acquire, own and use such weapons for hunting, provided they are only equipped with a magazine that cannot hold more than two cartridges . The legislature has eliminated the legal uncertainty resulting from the decision of the Federal Administrative Court by amending Section 19 Paragraph 1 No. 2 Letter c BJagdG with effect from November 10, 2016. According to previous practice, two cartridges in the magazine and one in the barrel and thus three cartridges in the weapon in total were allowed. According to the new regulation, it is completely irrelevant from which magazines - i.e. whether they can be removed or not or what theoretical capacity they have - and in which loading configuration these three shots can be fired (see Bundestag printed paper 18/9093, p. 11 , [PDF; 297 kB], accessed on December 3, 2016).