Gun ownership, acquisition, and carrying of firearms – Legal principles and regulations in Germany
Introduction
The terms gun ownership, gun acquisition und carrying of firearms are central legal concepts in German weapon law. They regulate the conditions and extent to which private individuals and other groups of persons may handle weapons. The legislator clearly differentiates between the ownership, acquisition, and carrying of a weapon. This article provides a comprehensive overview of the legal foundations, statutory requirements, criminal consequences of violations, and the relevant provisions under the Weapons Act (WaffG).
1. Definitions and distinctions of the terms
1.1 Gun ownership
gun ownership refers to the actual control and legally secured possession of a weapon. Possession does not necessarily mean ownership, but rather the possibility of permanently storing, holding, or disposing of the weapon. In legal terms, it especially refers to long-term or permanent handling without the intention to transport.
1.2 Gun acquisition
gun acquisition is the act of gaining actual control over a weapon at any given time. This includes all means of acquisition (e.g., purchase, exchange, gift, find, or inheritance). The acquisition of firearms is subject to strict statutory requirements and generally requires official permission.
1.3 Carrying of firearms
carrying of firearms means carrying a firearm outside one’s own residence, business premises, own fenced property, or a shooting range. Carrying is particularly present when the weapon is being transported to be used immediately.
2. Legal foundations
2.1 The Weapons Act (WaffG)
The central regulatory framework is the Weapons Act (WaffG). It is divided into general provisions, provisions for handling weapons and ammunition, as well as administrative offenses and criminal provisions. The purpose of the Act is to protect the public from the dangers associated with weapons and ammunition.
2.2 Other relevant regulations
- Regulation on the Weapons Act (AWaffV)
- Federal Hunting Act (BJagdG)
- Proof Firing Act
3. Requirements for gun ownership and acquisition
3.1 Permit requirement and reliability
To possess and acquire weapons requiring a permit, a firearms ownership card (WBK) is required. In addition to proof of need, the granting of permission particularly requires:
- Completion of the 18th, and for some types of weapons, 21st or 25th year of age,
- Personal reliability (e.g., no criminal record, no alcohol/drug addiction),
- Personal suitability (including mental and physical fitness),
- Expertise (knowledge acquired through courses and examinations),
- Proof of need (e.g., as a hunter, sport shooter, or weapons collector).
3.2 Firearms ownership card (WBK)
The WBK entitles the holder to possess and acquire the weapons and corresponding ammunition listed therein, but not to carry the weapon in public. Each respective weapon must be entered in the WBK within two weeks of acquisition.
4. Carrying firearms: Requirements and legal restrictions
4.1 The firearms license
Das Carrying a firearm in public requires a firearms license . The requirements for issuing a firearms license are significantly stricter than those for the WBK. In addition to the criteria already mentioned, the applicant must demonstrate a special need, such as a concrete threat, as well as possess the required expertise.
4.2 No carrying without permission
Without a firearms license (or corresponding special permit), carrying so-called firearms requiring a permit is generally prohibited and constitutes a criminal offense.
4.3 Exception: Transport
Weapons may be transported without a firearms license, provided they are not accessible and not loaded (e.g., in a locked container to or from a shooting range).
4.4 Special case: ‘Small firearms license’
The ‘small firearms license’ entitles the holder to carry blank, irritant, and signal weapons bearing a PTB-mark. Here, too, general regulations (exclusion of minors, reliability, suitability) must be observed.
5. Classification of firearms by law
5.1 Permit-required and prohibited weapons
The Weapons Act distinguishes between:
- Prohibited weapons (e.g., fully automatic weapons, prohibited knives): possession and carrying are fundamentally prohibited.
- Permit-required weapons (handguns, certain long guns): possession, acquisition, and carrying are subject to permission.
- Permit-free weapons (some air guns, decorative weapons): acquisition is mostly free for those 18 and older, but carrying remains restricted.
5.2 Categories under EU law
German weapons law implements the EU Firearms Directive and categorizes weapons into four main categories (A to D), which further structure the requirements for permits and bans.
6. Storage and safeguarding obligations
6.1 Storage of weapons and ammunition
Holders of a firearms permit are required to store weapons and ammunition separately and with special security. Minimum requirements depend on the number and type of weapons (gun cabinets of security classes 0 or 1 according to DIN/EN 1143-1).
6.2 Inspections and penalties
The authority may conduct unannounced inspections of storage. Violations of storage requirements lead to substantial fines and revocation of the firearms permit.
7. Criminal and administrative offenses
7.1 Criminal offenses
The illegal carrying, possession, or unauthorized acquisition of firearms is punishable under § 52 WaffG and may result in imprisonment for up to five years or a fine.
7.2 Administrative offenses
Violations of conditions, notification obligations, as well as storage or transport regulations are administrative offenses and may be fined up to 10,000 euros.
8. Special regulations and exceptions
8.1 Hunters, sport shooters, collectors
For certain groups of people (hunters, sport shooters, collectors), there are special privileges and requirements regarding proof of need and types of weapons.
8.2 Old possessions and inheritance
Weapons may only be inherited or transferred with an existing permit. The so-called old possessions are only permitted under certain circumstances.
9. International aspects and weapons law
Germany is bound by international agreements such as the Schengen Agreement and the EU Firearms Directive. These significantly influence national regulations and the cross-border handling of weapons.
10. Conclusion
gun ownership, -acquisition und -carrying are strictly regulated and subject to extensive requirements under German law. Weapons law serves to protect public safety and limits the legal handling of weapons to a few, professionally and personally suitable individuals. Violations may be subject to significant sanctions. Compliance with the regulations is of considerable importance for permit-required weapons and is continuously monitored.
Further information
For detailed information, the relevant statutory texts, especially the Weapons Act, should be consulted. Additional information is also available from regional weapons authorities and the Federal Ministry of the Interior and Community.
Frequently asked questions
Under what conditions is the acquisition of a firearm permitted in Germany?
The acquisition of a firearm in Germany is strictly regulated and generally requires a firearms permit in the form of a firearms ownership card (WBK). To obtain such a WBK, the applicant must be at least 18 years old (for certain weapons, 21 or 25), demonstrate personal reliability—such as no relevant criminal record or history of alcohol abuse—and physical suitability. Additionally, the Weapons Act requires proven expertise in handling firearms, which must be evidenced by successfully passing a proficiency test. For sport shooters, at least one year of membership in a shooting club, regular training, and confirmation of the need by the club is required. For hunters, a valid hunting license is usually sufficient. Furthermore, appropriate storage of the weapon (e.g., in a certified gun cabinet of security level 0 or 1) must be demonstrated. The acquisition and possession of live firearms without the corresponding permits are generally punishable under criminal law.
What regulations apply to carrying weapons in public?
Carrying weapons in Germany is subject to especially strict requirements. Anyone wishing to carry a weapon outside their own residence, business premises, their own fenced property, or a shooting range requires a special firearm permit—the so-called firearms license. The firearms license is issued only in exceptional cases, particularly when a significant need is demonstrated, such as for especially vulnerable individuals. Here too, reliability, personal suitability, and expertise must be proven, along with a clear and legal need. Carrying without a permit is only allowed for replicas and certain non-firing props as well as so-called imitation weapons under specific conditions. Furthermore, even permit-free weapons such as gas and blank-firing weapons with a PTB mark may only be carried in public if a small firearms license is held.
How is the handling of permit-free weapons regulated?
Permit-free weapons may generally be acquired by adults without needing a firearms ownership card. This includes, for example, air guns, spring-powered guns, and CO2 guns that do not exceed certain energy limits (generally a maximum of 7.5 joules) and are marked with an ‘F in a pentagon’. Decorative and imitation weapons also fall into this category. However, there are restrictions on handling these weapons: permit-free weapons may not be ‘carried’ in public (i.e., transported ready to use), except where a legal exception applies, such as transporting unloaded weapons to a shooting range in a locked container. Violations of these regulations may result in administrative fines or even criminal penalties.
What are the storage requirements for gun owners?
The law requires that firearms and ammunition must be stored in such a way that they are secured against access by unauthorized persons, especially children or third parties without permission. This is regulated in Germany by the Weapons Act and the General Weapons Regulation (AWaffV). Handguns and long guns must be stored in officially certified gun cabinets (at least security level 0/N according to EN 1143-1). Ammunition must be stored in a separate container—though for some levels, it can be stored in the same cabinet. Home inspections by weapons authorities are legally permitted to ensure proper storage. Violation of storage rules can result in revocation of the firearm permit, significant fines, or even criminal prosecution.
What does the law mean by ‘need’ in connection with gun ownership?
In German weapons law, the ‘need’ is a central criterion for the granting of a firearms permit. It refers to a demonstrable reason to possess a weapon, which the applicant must credibly substantiate. Typical recognized needs include sports shooting as a member of a recognized shooting club, hunting as a holder of a hunting license, or collecting historical weapons with documented collector activity. The need must be proven to the weapons authority on a case-by-case and detailed basis, for example through regular shooting activities, club memberships and, in the case of collectors, comprehensive documentation of the collection area.
What are the differences between the firearms ownership card, the firearms license, and the small firearms license?
The firearms ownership card (WBK) authorizes the possession (not the carrying) of permit-required firearms and their acquisition, as well as storage at home. The firearms license, in contrast, authorizes not only possession but—under strict conditions—also the carrying of live weapons in public. The small firearms license relates exclusively to the carrying of blank-firing, irritant, and signal weapons with a PTB approval mark and is comparatively easier to obtain, but at least requires reliability and personal suitability according to WaffG § 4. Possession of these weapons is permit-free from the age of 18, but carrying them in public is only permitted with the small firearms license. Any violation of these limits is subject to fines or criminal penalties.
What are the penalties for violating the Weapons Act?
Violations of the Weapons Act are sanctioned according to the severity and extent of the offense. Regulatory offenses, such as improper storage of weapons not requiring a license or violations of reporting obligations, can be punished with fines of up to several thousand euros. Serious violations, such as the unauthorized possession, acquisition, carrying, or trading of firearms that require a permit, are criminal offenses and are penalized with imprisonment ranging from several months up to ten years. In doing so, the courts take into account the type of weapon, the level of danger posed, as well as any intentional or repeated offenses. Frequently, as an additional consequence, the confiscation of the weapons and the permanent revocation of firearms licenses are ordered.
