Definition and Legal Concept of Firearm
A firearm, in the legal sense, is a device designed to discharge solid objects (projectiles or bullets) through a barrel using a propellant. The definition and legal classification of firearms is comprehensively regulated in Germany and many other countries in the respective firearms law, and forms the basis for numerous legal regulations, prohibitions, licensing requirements, and control measures.
In German law, the term firearm is specifically defined in the Weapons Act (WaffG). According to Section 1 (2) No. 1 WaffG, firearms are portable objects that are intended or suitable for attack or defense, signaling, marking, sport, or hunting, and in which projectiles are propelled through a barrel. The type of propellant (e.g., air pressure, gas pressure, spring pressure, chemical propellant charge) is significant for the legal classification.
Legal Foundations for Firearms
International and European Regulations
Many international treaties, such as the United Nations (UN) “Firearms Protocol,” establish definitions and standards for firearms. Within the European Union (EU), Directive 91/477/EEC sets minimum standards for the acquisition and possession of firearms in all EU Member States and is regularly updated.
National Regulations in Germany
In German law, the Weapons Act (WaffG) is the central legal basis for dealing with firearms. Additional regulations apply, such as the General Weapons Act Regulation (AWaffV) and specific administrative provisions. In addition, provisions in the Criminal Code (StGB), particularly regarding offenses involving firearms, are relevant.
Definition according to the Weapons Act (WaffG)
According to Section 1 WaffG, the following are considered firearms:
- Objects in which projectiles are discharged through a barrel by means of a propellant (for example, gunpowder, air pressure, gas pressure).
- Firearm parts and accessories, as far as they are essential for the functioning or safety of the weapon and are explicitly named.
According to Annex 2, Section 1, Subsection 1 of the WaffG, the following are not considered firearms, among others:
- Toy guns and air guns with a muzzle energy of the projectile under 0.5 joules,
- certain signal and blank-firing weapons, provided they meet the requirements.
Classification of Firearms in Law
Firearms Requiring a License
Most firearms are subject to licensing. Acquiring, possessing, carrying, and transferring generally requires a firearms ownership card, a firearms license, or a comparable permit.
Firearms Exempt from Licensing
Some firearms explicitly listed in Annex 2 to the WaffG (e.g., certain air guns with low muzzle energy) are exempt from licensing. No official permit is required for these, but restrictions still apply, for example regarding carrying in public.
Prohibited Firearms
Ownership, acquisition, and use of certain firearms (e.g., fully automatic weapons, weapons of war) are expressly prohibited under the WaffG. The list of weapons of war according to the War Weapons Control Act (KrWaffKontrG) provides further details.
Legal Definitions and Distinctions of Terms
The legal definition under the WaffG distinguishes between types of firearms, ammunition, and certain components regarded as “essential parts,” including:
- barrel,
- bolt,
- receiver,
- magazine.
The mere possession of an essential part can already be subject to licensing or be punishable by law.
Acquisition, Possession and Handling of Firearms
Acquisition and Possession
Private individuals in Germany may generally acquire and possess firearms only with official authorization. A firearms ownership card is generally required for this purpose. Requirements include, among others:
- Legal age,
- Reliability and personal suitability,
- Proof of need (e.g., sport shooter, hunter),
- Proof of expertise.
Carrying Firearms
Carrying firearms outside one’s own home or enclosed property requires a firearms license, which is subject to significantly stricter requirements than the firearms ownership card. Carrying is associated with additional conditions and constant supervision by law enforcement authorities.
Storage and Transport
Firearm owners are subject to strict storage obligations, as regulated in Section 36 of the WaffG and the relevant regulations on storage in suitable gun safes (safety classes according to DIN/EN 1143-1). During transport, firearms must always be unloaded and kept separate from ammunition.
Transfer and Inheritance
The transfer of firearms to third parties requires official authorization and may only take place if the necessary permissions are present. In the event of the owner’s death, special regulations apply to inheritance, particularly the obligation to notify and obtain the required permit for heirs.
Criminal and Regulatory Relevance
Offenses Related to Firearms
The Criminal Code contains special provisions regarding offenses involving or committed with firearms, for example:
- Endangerment of public order,
- Aggravated theft, robbery, or extortion involving firearms (§§ 244, 250 StGB),
- Prohibited carrying of weapons (§ 52 WaffG),
- Violations of the War Weapons Control Act.
Regulatory Offenses
Violations of storage regulations, reporting obligations, or transfer bans can be penalized with fines or by revocation of permits (§ 53 WaffG).
Firearms in Administrative Law
Official Permits and Supervision
The permit and supervisory authorities in Germany are the weapons authorities of the federal states. They oversee acquisition, possession, carrying, trade, and manufacture. Administrative provisions and technical guidelines set test requirements for manufacturers and dealers.
Exemptions and Special Permits
For certain professions and institutions (e.g. security services, public authorities), special provisions apply regarding the acquisition and carrying of firearms if there is a particular public interest.
Firearms in the International Context
Import, Export and Transit
International import and export of firearms are subject to strict controls. Foreign Trade Law and the War Weapons Control Act set requirements for permits. Cooperation with Europol, Interpol, and national authorities serves as an important control mechanism.
Firearm Possession Abroad
The import, possession, and use of firearms abroad must comply with the laws of the host country and may differ significantly from German regulations.
Special Types of Firearms and Their Legal Treatment
Blank, Signal, and Irritant Weapons
These are treated legally in separate categories. Their use is subject to simplified conditions as long as they fulfill firearms law marking requirements. Carrying them in public is—apart from certain exceptions such as traditional customs—subject to licensing in Germany.
Antique, Deactivated, and Decorative Weapons
Relaxed or special regulations apply to historic and collector’s weapons if they are permanently deactivated or serve solely as decorative items and this is officially certified.
Literature and Web Links
- Federal Ministry of the Interior and Community (ed.): Weapons Act (WaffG)
- War Weapons Control Act (KrWaffKontrG)
- EU Common Guidelines on Weapons Control
This article provides a comprehensive legal overview of firearms, their categorization, legal foundations, and the most important aspects of handling firearms under German and European law.
Frequently Asked Questions
What requirements must be met for the legal acquisition of firearms in Germany?
The legal acquisition of firearms in Germany is strictly regulated and subject to German firearms law. In principle, anyone who wants to acquire a firearm must be at least 18 years old. For certain types of weapons, particularly those requiring a license (such as handguns or semi-automatic long guns), the minimum age is 21 years, and in most cases, a need must be demonstrated. Typical recognized needs include membership in a shooting club, verifiable regular participation in shooting sports, or a legitimate interest as a hunter or collector. Moreover, an examination of weapons knowledge must be passed, which tests safe handling and relevant legal requirements. Reliability and personal suitability are determined by a check involving the Federal Central Register and the certificate of good conduct. Only after fulfilling these requirements may a firearms ownership card (WBK) be applied for and, upon approval, a weapon acquired.
How is the transport of firearms regulated by law?
In Germany, firearms may only be transported unloaded and in a container that is not immediately accessible, such as a locked gun case or bag. Transport is permitted solely for legitimate purposes, such as to a shooting range, gunsmith, or for hunting. During transport, ammunition must also be kept separate from the firearm, preferably in another locked container. Transporting a firearm without legitimate reason or displaying it in public is prohibited and may be prosecuted under criminal law.
What are the storage obligations for firearms?
According to Section 36 of the German Weapons Act, every firearm owner must ensure that firearms and ammunition are protected from access by third parties, especially unauthorized persons. This is achieved by storing them in certified secure containers, such as a gun safe with resistance grade 0 or 1 under EN 1143-1. Ammunition must be stored separately or also in an appropriately secured area. Authorities carry out random inspections to ensure compliance. Failure to comply can result in severe penalties and revocation of firearm licenses.
When and how must firearms be registered?
Every firearm requiring a license must be registered with the competent weapons authority immediately after acquisition. This also applies to weapons acquired by inheritance or as a gift. Registration is completed by presenting the firearms ownership card and the purchase or transfer proof. Since the introduction of the National Weapons Register, all weapons subject to registration are centrally recorded to ensure traceability and control. Failure to register in due time may result in fines or revocation of the license.
What rules apply to carrying firearms in public?
Carrying firearms in public is generally prohibited in Germany unless a special firearms license is held. Mere ownership (firearms ownership card) is not sufficient. The small firearms license, for example, entitles the holder only to carry blank, irritant, and signal weapons with PTB mark, but not live firearms. The regular firearms license for live firearms is only issued in exceptional cases, for example for endangered persons or professional armed personnel, and under very strict conditions. Unauthorized carrying is a criminal offense and will be prosecuted.
Are there special regulations for antique or decorative firearms?
Even antique and decorative firearms, so-called imitation weapons or deactivated firearms, are subject to legal regulations. According to firearms law, deactivated or non-functional firearms may only be possessed with a corresponding deactivation certificate. Imitation weapons, i.e. replicas of real firearms, may not generally be carried in public because they are suitable for intimidation or deception. For certain antique firearms, exceptions apply if they were demonstrably manufactured before specific key dates; nevertheless, notification and storage obligations may still apply.
What penalties apply for firearms law violations?
Violations of firearms law, such as illegal acquisition, possession, carrying, or improper storage of firearms, are severely punished in Germany. Sanctions range from fines and revocation of firearm licenses to several years of imprisonment, especially for illegal possession or transfer of live firearms. Even negligent behavior endangering others may be prosecuted. The severity of the penalty is determined by the nature and extent of the violation as well as its potential impact on public safety.
