Concept and Fundamentals of Gun Law
Das Gun Law refers to the entirety of legal norms regulating the handling of weapons and ammunition. It covers regulations concerning the manufacture, acquisition, possession, carrying, storage, trade, and transfer of weapons. The aim of gun law is to ensure public safety and order by restricting and controlling access to and handling of weapons.
Historical Development of Gun Law
Gun law has historically evolved from the need to protect state authority and the state’s monopoly on the use of force. Relevant regulations already existed in the Middle Ages. With the development of modern firearms, gun law became increasingly detailed and comprehensive. In Germany, the foundations of modern gun law were established with the Reich Weapons Act of 1938 and subsequently the Weapons Act of 1972. Following fundamental reforms in 2002 and additional amendments, today’s German gun law is essentially codified in the Weapons Act (WaffG).
Systematics of Gun Law
National Regulations
Germany
The main legal framework for handling weapons in Germany is the Weapons Act (WaffG). Supplementary regulations, such as the General Weapons Act Regulation (AWaffV) and the Proof Firing Regulation (BeschussV), specify the statutory provisions. There are also various administrative regulations that support practical application.
Austria
In Austria, the Weapons Act 1996 (WaffG 1996) governs the handling of weapons, distinguishing between weapons requiring authorization and those exempt from authorization.
Switzerland
Swiss weapons law is based primarily on the Federal Act on Weapons, Weapon Accessories and Ammunition (Weapons Act, WG), as well as the associated Weapons Regulation (WV).
International Weapons Law
At the international level, numerous agreements exist, including the UN Firearms Protocol and European Union regulations such as the EU Firearms Directive. These rules aim to harmonize weapons laws and combat the illegal arms trade through minimum standards on licensing, control, and information obligations.
Scope of Application and Definitions
Gun law distinguishes between weapons requiring authorization, weapons exempt from authorization, and prohibited weapons. Basic definitions include:
- Weapons: Items used for attack or defense that are intended or suitable to reduce the offensive or defensive capability of individuals (firearms, bladed and pointed weapons, certain items such as stun guns).
- Ammunition: Projectiles, powder, and other accessories that belong to firearms.
- Authorization Requirement: Certain actions, such as acquiring, possessing, or carrying a weapon, require official authorization.
Weapons Requiring Authorization, Exempt Weapons, and Prohibited Weapons
Weapons law regulations distinguish:
- Weapons requiring authorization: Acquisition, possession, and carrying require a permit or gun license (e.g., pistols, revolvers, certain rifles).
- Weapons exempt from authorization: No special official permit is required for acquisition and possession (e.g., air guns up to a certain energy threshold).
- Prohibited weapons: Manufacture, trade, acquisition, and possession are generally prohibited (e.g., fully automatic firearms, certain switchblades).
Authorities and Jurisdiction
Weapons-related permits are issued by the competent administrative authorities, usually the weapons authorities at the municipal or state level. The Federal Criminal Police Office (BKA) and the Federal Ministry of the Interior issue fundamental regulations and manage lists of prohibited items.
Acquisition, Possession, and Carrying of Weapons
Acquisition and Possession
Acquisition of weapons requiring authorization requires, among other things:
- Legal Age: Acquisition is generally permitted only after reaching the age of 18, for certain weapons at 21 or 25 years.
- Reliability: No circumstances may exist that suggest unreliability (e.g., criminal records).
- Personal Suitability: Physical and mental suitability are assessed.
- Expertise: Proof of safe handling of weapons and ammunition.
- Proof of Need: Legitimate interest, e.g., as a sports shooter, hunter, or gun collector.
- Storage: Weapons and ammunition must be stored securely, usually in special containers (safes).
Carrying a Weapon
Carrying a firearm in public is only permitted with a gun license. For merely transporting the weapon to a sports venue or for hunting, the so-called small gun license or a transport permit is sufficient. Weapons must generally not be carried ready to use in public spaces.
Firearm Ownership Card and Gun License
- Firearm Ownership Card (WBK): Authorization for the acquisition and possession of a firearm.
- Gun License: Authorization to carry a loaded weapon outside of one’s own home, business premises, or enclosed property.
- Small Gun License: Authorization to carry blank-firing, irritant, and signal weapons.
Violations and Sanctions
A violation of weapons law provisions is prosecuted as a criminal offense or a regulatory offense. Possible sanctions include fines, imprisonment, and the revocation of all weapons-related permits. Authorities are obliged to revoke any permits immediately in cases of unreliability.
Relation to Other Areas of Law
Gun Law and Criminal Law
Many gun law violations also constitute criminal offenses, such as unauthorized possession of weapons (§ 52 WaffG) or the illegal import and export of weapons.
Gun Law and Regulatory Law
Gun law is part of general regulatory law and, in addition to protecting individual legal interests, primarily serves to avert danger and control particularly dangerous items.
Special Regulations
Hunters and Sports Shooters
Special needs and requirements apply for hunters and sports shooters, as these groups are usually allowed to acquire more weapons and are exempt from certain restrictive regulations. Details are provided in the Federal Hunting Act (BJagdG) and shooting association regulations.
Principle of Need
The need for the possession of weapons must be regularly demonstrated; if this ceases to exist, the permits are to be revoked.
Gun Law and Heirs
Heirs of weapons must also observe statutory requirements. While they may keep inherited weapons, these must be secured in accordance with gun law regulations and reported without delay.
Storage and Security Obligations
The Weapons Act requires special protection and security of weapons and ammunition. They must be stored separately and protected from unauthorized access. The exact requirements for safes and storage rooms are stipulated in the AWaffV. Authorities monitor compliance through regular on-site inspections.
European and International Influences
The development of gun law is influenced by European and international law. The EU Firearms Directive (Directive (EU) 2021/555) was transposed into national law and especially concerns the registration of firearms, minimum requirements for transactions, and official monitoring obligations.
Literature and Further Information
- Weapons Act (WaffG) with Annexes and Regulations
- EU Firearms Directive and National Implementation Laws
- UN Firearms Protocol
Note: This article is for general information purposes and does not constitute individual advice on questions of gun law. The regulations mentioned are subject to regular changes and may vary in detail depending on national law.
Frequently Asked Questions
What is the difference between a firearm ownership card (WBK) and a gun license?
The firearm ownership card (WBK) and the gun license are two different official permits that play an important role in German gun law. The WBK entitles the holder to acquire and possess certain weapons requiring authorization, especially firearms, as well as their ammunition. However, it does not regulate whether the weapon may be carried in public; this remains generally prohibited. The WBK is issued to various groups, such as sports shooters or hunters, after thorough examination and under certain conditions (including proof of need, expertise, reliability, and personal suitability).
A gun license, on the other hand, entitles the holder to carry firearms in public, i.e., to carry a loaded weapon outside of one’s own enclosed property or shooting range. The requirements for obtaining a gun license are much stricter: in addition to the conditions already required for the WBK, a particular, heightened threat situation must be credibly demonstrated, e.g., in the case of individuals or professional groups at significant risk. Ordinary danger situations are usually insufficient. Furthermore, the gun license is limited in duration and is handled very restrictively. Most private individuals do not receive a gun license.
When is a firearm considered ‘ready to fire’ under German gun law?
According to German gun law, a firearm is ‘ready to fire’ when it is loaded, in a condition fit for firing, and can be shot within a very short time, that is, without significant preparation. This is the case, for example, if a round is in the chamber or in the magazine of a semi-automatic firearm and the magazine is already inserted in the weapon. The term is particularly relevant in connection with the prohibition on carrying weapons in public (§ 52 para. 3 no. 1 WaffG). For transport and storage, weapons must therefore generally be unloaded and transported in a closed container or suitable packaging, not accessible or ready to fire, to avoid committing a regulatory offense or crime.
What are the storage obligations for firearms and ammunition requiring authorization?
Firearms and ammunition requiring authorization must, under German gun law, be stored in a receptacle that meets technical requirements—a so-called gun cabinet of the prescribed security level. Since the new regulations came into force in July 2017, at least a security level 0 gun cabinet according to DIN/EN 1143-1 is usually required, with security level I mandatory for more than ten handguns. If ammunition is stored together with the weapons in the safe, it must be inaccessible to third parties. Shooting clubs, hunters, and collectors must comply with particularly strict regulations. The firearms owner is obliged to prevent any unauthorized access (including by persons living in the household) and to provide the authority with proof of proper storage at any time. Failure to comply may result in revocation of the gun permit as well as criminal and administrative penalties.
Are there restrictions for sports shooters on acquiring weapons and ammunition?
Yes, sports shooters are subject to special restrictions in German gun law regarding the acquisition of firearms and ammunition. Sports shooters must first demonstrate a need, usually through membership in a recognized shooting club and regular participation in shooting sports (at least once a month or 18 times per year). In addition, there is a waiting period of at least 12 months before a handgun may be acquired. Furthermore, the number of weapons possessed simultaneously and the range of permitted weapon types are limited. For the acquisition of ammunition, they require—not only the WBK—a special ammunition acquisition entry. They must also use their weapons regularly; if not, the need may be revoked and the permit withdrawn.
How is personal reliability assessed and evaluated under German gun law?
Personal reliability is a central requirement for the granting of weapons-related permits under the German Weapons Act (§ 5 WaffG). It is established through an official review, which checks for criminal records, ongoing criminal proceedings, membership in extremist organizations, and behaviors that could cast doubt on suitability for gun ownership. Persons generally considered unreliable are those convicted of intentional crimes to prison sentences of at least one year, or those whose gun permits were revoked in the last ten years. Alcohol or drug abuse, mental illnesses, or conspicuous behavior can also lead to unreliability. The check is carried out regularly and can lead to withdrawal or revocation of permits already issued.
What obligations do heirs of firearms have?
Special provisions apply in the case of acquiring firearms by inheritance (§ 20 WaffG). Heirs must report the acquisition to the competent authority within one month and apply for a firearm ownership card. Proof of a special need is not required, but the heir must demonstrate the necessary reliability and suitability. The weapons must either be rendered unusable, transferred to an authorized person, or stored in a gun cabinet meeting the requirements, and firing these weapons is not allowed (unless the heir meets the respective requirements as a sports shooter or hunter). Different reporting and storage requirements apply to weapons not requiring authorization. Failure to meet reporting or storage obligations can result in significant criminal and administrative legal consequences.
