Definition and general meaning of ammunition
Ammunition refers to all items intended to be fired, launched, expelled, or thrown from firearms, launchers, or similar devices, and are meant to have an effect on a target. The term includes, in addition to cartridge ammunition, projectiles, cartridges, rockets, grenades, missiles, bombs, as well as their precursors and individual parts, provided that these can be assembled into functional ammunition.
The legal assessment and regulation of ammunition in Germany is subject to firearms law as well as various regulatory frameworks. In particular, the Weapons Act (WaffG), the Explosives Act (SprengG), and associated ordinances define terminology, obligations, and restrictions regarding the possession, acquisition, handling, storage, transportation, as well as import and export of ammunition.
Legal definition and distinction
Statutory definition according to the Weapons Act (WaffG)
The German Weapons Act classifies ammunition within the meaning of Section 1 Para. 2 No. 2 WaffG as weapons in a broader sense. In legal terms, ammunition is defined as an item intended to be fired or launched as a projectile or charge from a firearm, including relevant precursors for use (e.g., cartridges, cases with primers, propellant charge, and projectile).
In addition, pyrotechnic projectiles, irritant cartridges, or signal ammunition intended for shooting are also included under the WaffG, provided they can be fired from a firearm. The specific usage requirements are regulated in detail by law.
Distinction from other substances
Not every cartridge or projectile automatically falls under the definition of ammunition in the Weapons Act. For example, only blank cartridges or signal ammunition are explicitly regulated. Certain types of loading, especially in the food processing sector or in sports (blank-firing ammunition), are to be classified separately. The decisive factor is the intended purpose as defined by the legislator.
Acquisition, possession, and handling of ammunition
Permit requirement under German legal provisions
Section 10 Para. 1 WaffG generally establishes the permit requirement for acquisition and possession of ammunition. Thus, persons may only acquire or possess ammunition if they have firearms-related authorization (e.g., firearms possession card). For certain types of ammunition, such as blank-firing, irritant, and signal ammunition, different provisions apply, so that acquisition and possession may be permitted, for instance, with a small firearms license.
Exempt from this are license-free types of ammunition. Annex 2 to the WaffG explicitly lists which types of ammunition are not subject to permission requirements.
Storage regulations
The safe storage of ammunition is regulated by Section 36 WaffG and the General Weapons Act Ordinance (AWaffV). As a rule, ammunition must be stored so that it is protected from unauthorized third-party access. It generally must be kept in a separate container that meets the prescribed security requirements.
Trade, transport, and cross-border movement
Trade and commercial handling
The placing on the market, trading, and commercial handling of ammunition in Germany are subject to special requirements. According to Section 21 WaffG, this requires the appropriate permit. Businesses must also comply with special record-keeping, documentation, and retention obligations (Section 34 WaffG). Trade and sales to private individuals only take place upon presentation of the corresponding permit.
Transport of ammunition
The transportation of ammunition is regulated by firearms law and transportation regulations. According to the provisions of the WaffG and the Ordinance on the Carriage of Dangerous Goods by Road, Rail, and Inland Waterways (GGVSEB), ammunition must be secured during transport so that it is protected against unauthorized access and from external influence. For cross-border transport (import/export), additional international and European regulations apply, such as the European Union’s Firearms Directive and the War Weapons Control Act (KrWaffKontrG).
Special types of ammunition and their legal treatment
Prohibited and particularly supervised ammunition
Not every type of ammunition is permitted by law. The Weapons Act and the War Weapons Control Act declare certain types of ammunition as prohibited. These include, for example, incendiary, armor-piercing projectiles, tracer ammunition, hollow-point semi-jacketed bullets, explosive projectiles, armor-piercing, or military ammunition classified as war weapons. Violations of relevant prohibitions are prosecuted as criminal offenses and may result in severe penalties.
License-free ammunition
Annex 2 of the WaffG lists types of ammunition whose acquisition and possession do not require a firearms license. This includes, among others, ammunition for air pressure, spring pressure, and CO2 weapons, provided these do not exceed the legally prescribed power limits.
Criminal and monetary fine provisions
Unauthorized possession and illegal handling
Unauthorized possession, acquisition, or transfer of ammunition are punishable or subject to fines under Sections 52, 53 WaffG. Penalties range from fines to several years of imprisonment, especially when prohibited ammunition is involved or the handling is linked to other criminal offenses (e.g., possession of firearms without the required permit).
Duties of care and storage obligations
If ammunition is not stored or kept in accordance with regulations, the WaffG also provides for extensive sanctions, including fines, prohibition of further possession, and, in case of repeated violations, revocation of firearms licenses.
Storage, disposal, and finding of ammunition
Handling found ammunition
Anyone who finds ammunition (e.g., remnants from the Second World War) is obliged to report it immediately to the competent authority or police (Section 16 WaffG, Section 5 SprengG). Unauthorized actions such as taking, storing, or manipulating found ammunition are strictly prohibited and may be prosecuted under criminal law.
Disposal of old ammunition
Proper disposal of ammunition may only be carried out by authorized entities. Private individuals must hand ammunition over to the police or firearms authorities; these will initiate proper professional disposal. Unauthorized disposal, especially in household waste or in nature, is a criminal offense.
International ammunition law
European legal regulations
Comprehensive legal regulations for the control and registration of ammunition also exist at the European level. The EU Firearms Directive regulates the ammunition trade, marking, and cross-border transfer within the European Union. The aim is a Europe-wide harmonization of regulations to curtail illegal trade and misuse.
International agreements
Various international conventions are also relevant, such as the UN Firearms Protocol or the Convention on Certain Conventional Weapons. These establish binding minimum standards for the manufacture, marking, trade, and destruction of ammunition worldwide.
Summary and legal significance
Ammunition is, in a legal context, a highly regulated item whose acquisition, possession, storage, transport, trade, and disposal are subject to comprehensive legal provisions. The regulations primarily serve to protect the general public and prevent abuse. Violations of ammunition law are consistently prosecuted and sanctioned. Anyone wishing to handle ammunition must always be informed about the applicable legal framework and comply with it.
Frequently asked questions
Who is allowed to possess ammunition in Germany?
In Germany, only persons who hold a valid acquisition and possession permit, such as a firearms possession card (WBK), are allowed to possess ammunition. Possession of ammunition is strictly regulated under Section 10 of the Weapons Act (WaffG). To acquire and possess ammunition, a special ammunition acquisition endorsement, which is specifically linked to the types and calibers of ammunition for which authorization has been granted, is usually required in addition to the WBK. Hunters, sport shooters, firearms collectors, and certain professional groups (e.g., security companies) can apply for such a permit but must demonstrate their need, expertise, and reliability. Acquisition, possession, and transfer of ammunition is fundamentally prohibited for private individuals without such authorization.
Which types of ammunition are subject to approval and which may be acquired freely?
As a rule, nearly all ammunition for firearms in Germany requires a permit. According to Section 2 Para. 3 WaffG, acquisition and possession without the corresponding permit are punishable by law. An exception is made for a few specific types of ammunition, such as blank cartridges, cartridge ammunition, or certain blank-firing ammunition, provided that the weapons for which they are intended themselves are not subject to a permit requirement (e.g., freely available blank-firing, irritant, and signal weapons). These may be purchased from the age of 18, but are subject to specific marking requirements (PTB mark). Ammunition for live firearms or ammunition covered by the War Weapons Control Act always requires approval.
What are the storage requirements for ammunition under the Weapons Act?
Ammunition is subject to strict storage requirements. According to Section 36 WaffG and the General Weapons Act Ordinance (AWaffV), ammunition must always be stored separately from firearms—it may not be kept together with firearms in an unlocked container. For storage, closed sheet steel containers, security containers of level 0 or higher according to DIN/EN standard, or closed ammunition cases are prescribed. The specifics depend on the type and quantity of ammunition and the individual case. Violations of the storage requirements are treated as administrative offenses or, in cases of danger, even as criminal offenses.
What penalties can be imposed for unauthorized possession or handling of ammunition?
Unauthorized possession or handling of permit-required ammunition in Germany is a criminal offense under Section 52 WaffG. Penalties range from fines to imprisonment; in particularly severe cases (such as large-scale or commercial dealing), up to five years’ imprisonment. In addition, unreliability may be determined, which can result in revocation of an existing firearms license. Attempt is also punishable; violations are also often prosecuted in connection with other offenses (e.g., violations of the Explosives Act or War Weapons Control Act).
How is the transport of ammunition regulated by law?
The transport of ammunition is regulated in the German Weapons Act and other legal regulations (e.g., Ordinance on the Carriage of Dangerous Goods by Road, Rail, and Inland Waterways—GGVSEB). Ammunition may only be transported by persons holding the relevant permit and must be securely stored. It should preferably be kept in a separate, locked container and stored separately from the firearm. Transport must be carried out by the most direct route to the intended destination (e.g., shooting range, dealer, workshop). Transport of large quantities of ammunition may be subject to special requirements according to dangerous goods law, including special labeling and packaging.
What record-keeping obligations exist for the acquisition and possession of ammunition?
According to Section 13 WaffG and Section 34 AWaffV, acquirers and possessors of permit-required ammunition are obliged to document the acquisition and whereabouts of the ammunition. Firearms dealers must record the acquisition, transfer, and inventory of ammunition in a special ammunition acquisition and transfer ledger. Private individuals must have corresponding entries made in their WBK (by dealer or authority) when acquiring ammunition. Control and tracking is carried out by the firearms authority, which may carry out regular inspections and inventory checks.
Are heirs allowed to take possession of ammunition?
The acquisition of ammunition as part of an inheritance is regulated by Section 20 Paragraph 4 WaffG. Heirs are entitled to take possession of ammunition, but must report this immediately to the competent firearms authority. Within one month of accepting the inheritance, they must apply for a firearms possession permit. If the heir is not authorized, the firearms authority can set deadlines for surrender, deactivation, or destruction of the ammunition. Permanent possession without a permit is inadmissible and punishable by law.
