Definition and Meaning of the Determination Mensur
The determination mensur is a term in weapons law and denotes a special category for the measurement of bladed weapons, especially edged weapons such as rapiers, sabers, and épées. The determination mensur is primarily applied in the context of student fencing sports in Germany, Austria, and Switzerland and has gained special significance in the course of legal weapon regulation. In a legal context, the determination mensur becomes particularly relevant with regard to exceptions set out in the German Weapons Act (WaffG).
History and Development of the Term
The term originates from student fencing practices and describes the execution of a fencing duel according to precisely defined rules and with certain specified weapon lengths and forms. Legally, the determination mensur gained significance only in the 20th century when lawmakers needed to create specific exceptions for traditional fencing weapons and related events.
With the introduction of the German Weapons Act, it was stipulated that certain bladed weapons intended for determination mensuren can, under specific conditions, be exempt from the prohibition of carrying and possessing weapons. Comparable regulations exist in Austria and Switzerland.
Determination Mensur in Weapons Law
Definition in the Weapons Act
In the German Weapons Act (§ 42a WaffG), the term “determination mensur” is not explicitly used, but it is taken into account by way of exceptions. Accordingly, carrying certain knives and weapons in public is generally prohibited; however, exceptions apply for bladed weapons used exclusively for the execution of determination mensuren, provided they are directly connected to the event.
Requirements for the Exception
To claim the exception from the prohibition on carrying weapons, the following is required:
- the weapon is used exclusively for the execution of determination mensuren,
- the transport and use of the weapon are in immediate temporal and spatial connection with the event,
- organizational and safety requirements are observed.
The exception serves to protect traditional student fencing events and prevents their blanket criminalization.
Legal Status of Banner Guards and Mensuren
In addition to weapons law provisions, assembly law and association law must also be observed for carrying out a determination mensur. Various federal states have additional regulations for public assemblies and the carrying of weapons, including at traditional events. As such, organizing a determination mensur often requires examining any applicable local regulations.
Criminal Law Assessment
Violating weapons law provisions—particularly carrying weapons outside legal exceptions—constitutes an administrative offense or, under certain conditions, a criminal offense pursuant to the Weapons Act.
Participation in a determination mensur according to the statutory exemptions is, however, legitimate if the above conditions are met. Misconduct or conducting events outside the statutory framework can result in consequences not only under weapons law but also general criminal law, for example, due to bodily injury.
Determination Mensur and Organizer Obligations
Organizational Requirements
Organizers of a determination mensur are required to ensure compliance with weapons law provisions. This includes in particular:
- Documenting the event (location, time, participants),
- proof of exclusive traditional use of the weapons,
- notifying the responsible authorities, if required.
A violation of these duties can lead to supervisory measures and fines.
Insurance Coverage and Liability
Organizers and participants of a determination mensur must be aware of the potential liability consequences. Where injuries or property damage occur, the organizer may be liable if duties of care were not observed. Many student associations take out additional liability insurance for this purpose.
International and Comparative Legal Considerations
Austria
The Austrian Weapons Act provides similar regulations and exempts traditional student fencing weapons from certain prohibitions, provided they are demonstrably used for traditional purposes.
Switzerland
In Switzerland, the Federal Act on Weapons, Weapon Accessories and Ammunition governs the regulations for knives and bladed weapons. Here, too, fencing weapons for mensur purposes are granted privileged status under certain conditions.
Literature and Case Law
The determination mensur is thoroughly addressed in law and legal literature, especially in commentaries on the German Weapons Act. Court decisions on the subject often deal with distinguishing between legal traditions and illegal possession or use of weapons.
Conclusion
Determination mensur occupies a special position in German-speaking weapons law. It constitutes an exception to the comprehensive regulations prohibiting bladed weapons and serves to protect traditional customs events. Precise knowledge and compliance with legal regulations are essential in organizing and conducting determination mensuren. Violations can lead to criminal prosecution and administrative fines.
Further Links
Note: This article serves exclusively for general information on the term determination mensur in a legal context and does not constitute legal advice.
Frequently Asked Questions
When is a determination mensur relevant under German law?
Under German law, the determination mensur is particularly relevant in connection with the Weapons Act (WaffG) and the Proof Firing Act (BeschG). It serves to establish certain measurements of firearms—typically the barrel length and, if applicable, the overall length—and thus plays a significant role in their legal classification, e.g., as weapons requiring a permit or prohibited weapons. The measurement regulations are specified in particular in § 1 (3) and (4) of the Proof Firing Ordinance (BeschussV). The relevance of the determination mensur also extends to criminal law (§ 52 WaffG), to the extent that violations of weapons law provisions are determined. Observing the stipulated measurement methods is especially important for expert opinions, administrative decisions, and court proceedings.
Which legal norms regulate the execution of a determination mensur?
The execution of a determination mensur is governed by the Weapons Act (WaffG), the Proof Firing Act (BeschG), and in detail by the Proof Firing Ordinance (BeschussV). Key statutory provisions are § 1 (3) and (4), as well as § 13 BeschussV, which set out in detail how measurements such as barrel and overall length must be determined. Supplementary technical guidelines and applicable DIN standards are also considered, provided these are referenced in statutory provisions or serve as interpretive aids in individual cases. Compliance with these standards is particularly essential in official approvals, gun ownership cards, and in categorizing weapons as prohibited or subject to licensing.
What impact does the determination mensur have on the legal approval and classification of weapons?
The correct execution of the determination mensur is decisive for the legal approval and classification of a weapon. It determines whether a firearm falls under the regulations for short or long weapons and whether it may be classified as a weapon with prohibited features. The measurement of the barrel or overall length, for example, affects whether a weapon is considered a firearm under § 1 (2) WaffG or whether its possession, acquisition, or carrying is subject to a permit. Incorrect measurements can lead to faulty legal assessments, whereby, for instance, the possession of a weapon may erroneously be assessed as legal or illegal.
Who is legally authorized to carry out a determination mensur?
Legally, carrying out a determination mensur is in principle reserved for those authorized to inspect and certify under the Proof Firing Act and Ordinance, particularly government-recognized proof houses as well as publicly appointed and sworn experts in arms technology. For private business purposes—such as trade or for collectors—measurement may also be performed by other knowledgeable persons; however, measurements are generally only legally binding when conducted and properly documented by the above-mentioned bodies.
What documentation requirements does the law impose for the determination mensur?
The legal documentation of the determination mensur must be traceable, verifiable, and complete. It must include the precise measurement value, a description and identification of the weapon, the measurement method including any special rules applied (e.g., different reference points for folding stocks), and the date with the responsible person or institution. If the determination mensur is carried out as part of an official inspection or expert report, protocols must be drafted and corresponding evidence provided, if necessary with pictorial documentation of the measurement. In administrative and court proceedings, properly documented measurements constitute evidence.
In which legal disputes can the determination mensur be decisive?
The determination mensur can be of decisive importance in various legal disputes, including administrative fines and criminal proceedings for violations of the Weapons Act, administrative procedures concerning the issuance or revocation of weapons permits, or in civil proceedings over the legal classification of an item as a weapon (e.g., in purchase contracts, expert disputes). Especially in criminal proceedings, correct execution of the measurement and its legal assessment is often central to the court’s decision.
What liability arises from an incorrect determination mensur?
Anyone who performs or documents a determination mensur incorrectly may be held liable under both civil and, where appropriate, criminal law. This particularly concerns experts, proof houses, or arms dealers when incorrect information leads to incorrect legal classification of a weapon, possibly resulting in unlawful possession, acquisition, or trade. False statements about the measurements determined by a determination mensur can constitute an administrative offense or—if intentional—a criminal offense (e.g., in the case of document forgery or unauthorized possession of weapons). Civil liability may also be considered, for example in warranty cases.
