Definition and Classification of Hunting Weapons
Hunting weapons, under German law, are weapons that are used or intended to be used for the purpose of hunting game. They are subject to strict weapons, hunting, and additional governmental regulations. The legal framework encompasses the definition, acquisition, ownership, transportation, storage, and use of these weapons. Besides federal requirements, certain state-specific provisions may also need to be observed.
Definition in the Legal Context
Legal Definition
The German Weapons Act (WaffG) does not itself provide an explicit legal definition of the term “hunting weapon.” According to Section 1 WaffG, weapons are distinguished by their purpose and suitability. Hunting weapons are typically firearms that are approved for hunting based on their design and suitability. They are either long guns (e.g., rifles, shotguns) or certain handguns, provided a hunting license is granted (exceptions, e.g., finishing shot). Firearms carried for historical, sporting, or other non-hunting reasons are expressly not classified as hunting weapons.
An indirect definition arises from the German Federal Hunting Law (BJagdG) and from the weapons law implementing regulations.
Distinction from Other Weapons
The following are not considered hunting weapons:
- Weapons used for defense, sporting activity, collecting, or historical purposes
- Bladed and stabbing weapons, bows, crossbows (see Section 2 WaffVwV)
- Firearms whose possession or use is expressly prohibited within the scope of the hunting law
Legal Foundations
Federal Hunting Law (BJagdG)
Sections 19 and 21 of the BJagdG specify the scope of weapons and ammunition permitted for hunting. In particular, these rules regulate:
- Prohibited weapons and ammunition for hunting activities (e.g., semi-automatic weapons with more than two shots, handguns except for finishing shots)
- Minimum requirements regarding caliber and bullet energy
- Permissibility of use within the framework of ethical hunting
Weapons Act (WaffG)
The Weapons Act regulates in detail:
- Requirements for acquiring and possessing hunting weapons (Sections 2, 10 WaffG)
- Permissibility and licensing requirements (firearm ownership card)
- Requirements for storage, transport, and security of hunting weapons
- Age limits, reliability, personal and technical suitability (Sections 4 ff. WaffG)
- Technical specifications and proof marks (Sections 6 to 8 WaffG)
State-Specific Regulations
Individual federal states have special regulations governing hunting activities and detailed aspects of permitted types of weapons and ammunition, such as special rules for carrying on enclosed property or for hunting certain species of game.
Acquisition, Possession, and Transfer
Hunter’s Exam and Hunting License
Acquisition and ownership of hunting weapons generally requires passing a state-regulated hunter’s exam and holding a valid hunting license. The hunting license is the legal prerequisite to obtain a firearms ownership card for acquiring and possessing hunting weapons.
Firearms Ownership Card (WBK)
Anyone wishing to acquire or possess a hunting weapon requires a firearms ownership card (WBK), issued by the local weapons authority. In addition to a valid hunting license, requirements include personal suitability, reliability, competent handling of the weapon, and provision for secure storage.
Acquisition by Minors
Persons aged 16 and over may, under certain conditions, handle hunting weapons for training purposes. Independent acquisition and possession, however, is only permitted upon reaching the age of 18.
Transfer and Assignment
The paid or unpaid transfer of hunting weapons is subject to formal reporting and documentation obligations. The acquirer must provide appropriate authorization.
Storage and Transport
Secure Storage
According to Section 36 WaffG, hunting weapons must be stored in a secure container (usually a gun safe with security level 0 or I according to EN 1143-1). Ammunition must generally be stored separately. Violation leads to criminal and regulatory consequences.
Transport
The transport of hunting weapons is regulated by Section 12 (3) No. 2 WaffG. Weapons may only be transported unloaded and in a locked container to the hunting location or firearms expert examination. Transportation for other purposes (e.g., shooting range practice) is also covered.
Prohibited and Restricted Types of Weapons
Prohibited Hunting Weapons
Certain firearms are prohibited in connection with hunting regardless of entitlement to possession, especially:
- Automatic weapons
- Semi-automatic weapons with more than two rounds in the magazine and chamber
- Weapons with suppressors (only allowed with special permit)
- Night vision devices and laser pointers on weapons used for hunting (only permitted in specific exceptions, e.g., wild boar hunting)
Modern Hunting Weapons and Technology
With the introduction of new technologies (e.g., suppressors, thermal imaging), additional legal regulations and special permits are required. Their permissibility depends on the circumstances of the individual case as well as specific regulations under state law.
Use and Carrying of Hunting Weapons
Carrying in the Hunting Area
Carrying hunting weapons is permitted within the framework of applicable hunting law, provided that a valid hunting license and, if required, other necessary permits are present and the weapon carrier fulfills their statutory obligations.
Carrying Outside Hunting Activities
Carrying hunting weapons outside of hunting activities is generally not permitted and requires explicit authorization (e.g., for transport, repair).
Sanctions and Criminal Offenses
Violations of Weapons Law Requirements
Violations of weapons and hunting law provisions in connection with hunting weapons are prosecuted as regulatory offenses or crimes under the Weapons Act and the Federal Hunting Law. This particularly includes:
- Unauthorized acquisition, possession, or transfer
- Incorrect or inadequate storage
- Abuse or unauthorized use
Revocation of Weapons Permit
In cases of serious or repeated violations, the competent authority may revoke weapons permits and prohibit further carrying, possession, or acquisition of hunting weapons.
Summary
Hunting weapons are firearms whose acquisition, possession, storage, and use are governed by extensive federal and state regulations. Legal requirements affect both the hunter’s personal suitability as well as technical and safety aspects of the weapons themselves. The statutory requirements are intended to ensure responsible and safe handling of hunting weapons and to consistently prevent misuse. Anyone wishing to carry or possess a hunting weapon must therefore comply with comprehensive legal provisions.
Frequently Asked Questions
How is legal authorization for the possession of a hunting weapon granted in Germany?
The possession of hunting weapons in Germany is strictly regulated and requires a weapons permit. The basic prerequisite is usually holding a valid hunting license, which can be applied for after successful completion of hunter training and passing the hunter’s exam. The applicant must also prove reliability and personal suitability under Sections 5 and 6 of the Weapons Act (WaffG). In addition to a minimum age of 18 years for long guns and 21 for handguns, the Weapons Act further requires proof of necessity—in this case, the exercise of hunting. After the hunting license is issued, the firearms ownership card (WBK) can be applied for at the competent weapons authority (usually the district police authority). Only with this card may hunting weapons be legally acquired and possessed. The purchase of each individual weapon must be entered into the WBK and reported to the authority.
What safety regulations apply to the storage of hunting weapons?
According to Section 36 WaffG, hunting weapons must be stored in a specially approved gun safe that meets at least security level 0 under EN 1143-1. Ammunition must be stored separately from firearms, either in a separate certified container or—in case it is kept in the same safe—in a separate, locked internal compartment. The authority is entitled to check proper storage without prior announcement. A violation of storage regulations can, in addition to heavy fines, also lead to the revocation of the weapons permit. Special care must be taken in multi-family dwellings regarding unauthorized access.
Under what circumstances may a hunting weapon be carried?
Carrying a hunting weapon outside one’s own enclosed property is, under Section 12 (3) No. 4 WaffG, generally only permitted in the course of hunting, when visiting a shooting range, or for repair and maintenance purposes. The underlying hunting license serves as authorization to transport the weapon unloaded and not ready to fire. Any other use outside these statutory purposes, especially carrying in public without a hunting connection, is strictly prohibited and constitutes a criminal offense under Section 52 WaffG.
What reporting requirements apply when acquiring or selling a hunting weapon?
Upon acquiring a hunting weapon, the owner is obliged to report the acquisition to the competent weapons authority within two weeks (Section 37 WaffG). This is done by presenting the firearms ownership card and the purchase contract or transfer notice, after which the acquisition is documented in the WBK. The sale or transfer must likewise be reported within this period, including in cases of permanent transfer (e.g., inheritance). When transferring to a firearms dealer, notification and official deregistration are also required.
What restrictions exist for the acquisition and possession of handguns by hunters?
While long guns may be applied for after passing the hunter’s exam and issuance of the hunting license, handguns (pistols and revolvers) are subject to an additional needs assessment. Generally, hunters may possess a maximum of two handguns in the course of hunting (§ 13 (2) WaffG, justification for finishing shots). The application is made via the firearms ownership card, with the actual hunting need having to be substantiated explicitly, for example by providing information on hunting grounds and expected scenarios of use.
What regulations apply to the transfer of hunting weapons to heirs?
In the event of the weapon owner’s death, heirs may take over hunting weapons, provided they fulfill the legal requirements. Heirs without a hunting license may apply for a WBK with the condition that the weapons are rendered unusable or permanently secured (“red WBK for heirs”). The inheritance of weapons must be reported to the authority within one month after inheritance occurs. Further transfer or sale is permitted under the general legal requirements; however, the right to use weapons for hunting expires if the heir does not hold a hunting license.
What are the legal requirements for transporting hunting weapons?
Transport of hunting weapons is only permitted when unloaded and in a locked container (Section 12 (3) No. 2 WaffG). During transport, weapons must not be immediately accessible. Transportation is only allowed to a legitimate purpose, such as hunting, the shooting range, or for repairs, and only by the most direct route. Carrying loaded or ready-to-use hunting weapons in vehicles or public areas is expressly forbidden and subject to prosecution. Special rules apply for foreign travel with hunting weapons, for which prior application and approval is required (European Firearms Pass or possibly CITES for certain game species).
