Gun

Term and Definition of “Gun”

The term “Gun” originates from English and, in the German-speaking world, generally refers to a firearm. However, in legal contexts, a precise definition is required, as the exact meaning may vary depending on national and international laws. The following provides a comprehensive overview of the legal aspects, classifications, and regulations surrounding the term “Gun”.

Legal Classification of “Gun”

General Definition under the Weapons Act

Under German law, a firearm (as defined in § 1 para. 2 no. 1 of the Weapons Act – WaffG) is a weapon intended to discharge projectile ammunition through a barrel by means of propellants – usually in the form of explosive substances. In English-language legal literature, the term “Gun” therefore encompasses all types of handguns, long guns, and some automatic weapons. German law differentiates between “Schusswaffen” (firearms) and other weapon categories such as cutting and stabbing weapons.

Distinction and Classification

Firearms vs. Other Weapons

A clear distinction exists between firearms (“Gun”) and non-firearm-based weapons (e.g., pepper sprays or stun guns). Legally, not only pistols and rifles are classified as firearms but also machine pistols, revolvers, or hunting rifles, provided they discharge projectiles using a propellant.

Subcategories according to the Weapons Act

The Weapons Act distinguishes subcategories:

• Handguns and Long Guns: Classification is based on overall length and barrel length (§ 1 para. 2 no. 1 WaffG).
• Automatic Weapons: Weapons that fire multiple rounds with a single pull of the trigger (prohibited weapons according to Annex 2 to § 2 paras. 2-4 WaffG).
• Signal weapons, blank-firing weapons, air guns: Partly treated differently by law; but are also subject to certain regulations.

Requirements for Permission and Acquisition

Acquisition and Possession

The acquisition and possession of a firearm (“Gun”) in Germany require official authorization. The main requirements are set out in §§ 2, 4, 10 WaffG. Among other things, the following are necessary:

• Legal age of majority
• Reliability and personal suitability
• Demonstration of need (e.g., sports shooter, hunter)
• Competency examination
• Firearms license (WBK)

Handling, Transport, and Storage

Carrying Firearms

Carrying a firearm in public is generally prohibited and requires a firearms license (§ 10 para. 4 WaffG). Such a license is issued only under strict conditions.

Storage Obligations

Strict legal requirements regulate storage (§§ 36, 37 WaffG). Firearms must be stored in certified gun safes. Separate storage of firearms and ammunition is often prescribed.

Prohibited Weapons and Special Regulations

Prohibited Weapons according to Annex 2 WaffG

Some weapons are generally prohibited, including fully automatic firearms as well as certain types or modifications of forbidden weapons. The Federal Criminal Police Office may grant exemptions, for example, for scientific or forensic purposes.

Possession and Acquisition Without Authorization

Unlawful handling of firearms, such as acquisition or possession without the necessary authorization, is punishable (§§ 51, 52 WaffG). Penalties range from fines to imprisonment.

International Aspects

Comparable Regulations in Other Legal Systems

The definition and regulation of the term “Gun” differ significantly internationally. While access to firearms in the US is constitutionally protected under the 2nd Amendment, the requirements and reporting obligations in the EU and Germany are much stricter. In nearly all countries, acquisition, possession, and transport of firearms are subject to comprehensive legal regulations.

Import and Export

The import and export of firearms are governed by EU and foreign trade laws as well as the War Weapons Control Act. Holders require explicit permits, and customs authorities monitor compliance with the requirements.

Special Features of Firearms Law

Old Ownership and Inheritance Regulations

Transitional rules apply to firearms acquired before the entry into force of the current Weapons Act. In the event of inheritance, notification is mandatory and in certain cases, there is an obligation to deactivate or surrender the weapon.

Criminal Liability and Sanctions

Violations of firearms provisions regularly constitute criminal or administrative offenses. Particularly serious are unauthorized possession, transfer, or carrying of firearms.

Literature and Legal Sources

Key Regulations

• Weapons Act (WaffG)
• Regulation on the Weapons Act (WaffVwV)
• KrWaffKontrG (War Weapons Control Act)
• EU Firearms Directive

Further Information

A systematic overview and current versions of the relevant laws are available on the websites of the Federal Ministry of the Interior and the Federal Criminal Police Office.

The term “Gun” in the legal context refers to a wide range of firearms whose acquisition, possession, transport, use, and handling are subject to strictly regulated legal requirements. International differences highlight the need to always engage thoroughly with the firearms law applicable in the respective country.

Frequently Asked Questions

Who is allowed to own a firearm in Germany?

In Germany, the private ownership and carrying of firearms are strictly regulated by the Weapons Act (WaffG). In principle, only persons of legal age holding a valid firearms license (WBK) may own a firearm. Granting of the WBK is subject to numerous conditions, including personal reliability (not recognized, for example, in the case of criminal records, alcohol or drug abuse), character suitability, as well as physical and mental fitness. In addition, applicants must demonstrate a need, such as for sporting shooting, hunting, or collecting. Each individual firearm must be separately registered in the WBK. Proof of sufficient instruction in handling and passing an exam is also essential. Anyone who possesses a firearm without the required permits is committing a criminal offense and risks significant legal consequences.

How is the transport of firearms regulated by law?

German weapons law provides that legally owned firearms may not be “accessible and ready to fire” during transport. This means the firearm must be unloaded and transported by its owner in a locked container (e.g., a gun case with a lock). Ammunition must also be stored separately and securely. The route must be direct between the place of storage and an authorized destination (e.g., shooting range, hunting ground, gun shop); detours are not permitted. Violations may result in substantial penalties or the revocation of the firearms license.

What storage obligations apply to firearm owners?

Firearm owners are subject to strict storage requirements. Firearms and their associated ammunition must be stored separately and in certified security safes (at least resistance level 0 according to EN 1143-1). Higher requirements may apply to certain types or numbers of weapons. Compliance may be checked by unannounced inspections from the authorities. Breaches of the storage obligation can result in fines, revocation of the firearms license, and criminal sanctions.

Which weapons are considered prohibited under German law?

The Weapons Act contains a list of prohibited weapons. These include, among others, fully automatic firearms, pump-action guns with a pistol grip, weapons with silencers (except for exemptions for hunters), as well as firearms disguised as flashlights, sticks, or other objects. Certain types of ammunition (e.g., armor-piercing or incendiary rounds) are also prohibited. Acquisition, possession, or trade of prohibited weapons is a criminal offense and can be punished with long prison sentences.

What must be observed when buying and selling firearms?

The sale and acquisition of firearms are only permitted between authorized persons and with prior official approval. Both sellers and buyers must hold a valid WBK. After the sale, the transaction must be immediately reported to the competent authority and the weapon must be entered into the new WBK. Commercial dealers also need a special firearms trading license. Illegal transactions or violations of reporting requirements are considered administrative offenses or crimes.

Under what circumstances may firearms be carried in public?

Carrying firearms in public is generally prohibited in Germany and requires a special legal permit, the so-called “Waffenschein” (firearms license). This permit is granted only in very rare cases, such as when there is a proven particular danger. Hunters may carry their weapons while hunting, and sports shooters for the direct route to the shooting range; in both cases, however, the weapons must be securely transported and may not be carried ready for access.

What are the consequences for violations of the Weapons Act?

Violations of the Weapons Act may be prosecuted as administrative offenses or as crimes, depending on the severity and nature of the offense. Possible consequences range from fines to multi-year prison sentences. These include, among others, the unauthorized acquisition, possession, carrying, or trade of firearms, as well as improper storage. Additionally, loss of all weapon-related permits and long-term bans on re-issuing them may occur. Data on persons found in violation are also recorded in the National Firearms Register.