Definition and General Characteristics of Revolvers
Der Revolver is a multi-shot firearm, the essential feature of which is a rotating cylinder magazine that can hold several cartridges. Legally, the revolver is subject to gun laws in Germany and other countries, which regulate acquisition, possession, transport, storage, and use. Revolvers are used both in the civilian sector (hunting, sport, self-defense) and in official contexts (police, military). The precise classification of the revolver, especially under the Firearms Act (WaffG) and secondary legislation, is crucial for its legal assessment.
Legal Classification of the Revolver under German Gun Law
Definition and Classification According to the Firearms Act
The German Firearms Act (WaffG) defines the term firearm in § 1 (2) WaffG. Accordingly, a revolver is a firearm requiring a licence, as it includes so-called single-shot and multi-shot short firearms, pursuant to Annex 1 Section 1 Subsection 1 No. 1.2 of the WaffG. The specific configuration of the revolver (caliber, barrel length, ammunition type) further influences its legal evaluation.
Licensing Requirement and Acquisition
Requirements for Possession and Acquisition
To acquire and possess a revolver, an official license is required pursuant to § 2 (2) WaffG. Typically, this is granted by issuing a firearms ownership card (WBK), whose issuance depends on various requirements, including:
- Completion of the 18th year of age (for handguns 21 or 25 years, with exceptions for marksmen; see § 4 (1) No. 1 WaffG),
- Reliability and personal suitability (§§ 5, 6 WaffG),
- Expertise (§ 7 WaffG),
- Proof of need (§ 8 WaffG), such as being a marksman, hunter, or gun collector.
Facilitated conditions apply for acquisition by inheritance, but a firearms ownership card is also required in this case (§ 20 WaffG).
Trade and Transfer
The trade in revolvers requires a license pursuant to § 21 WaffG. A revolver may be transferred either permanently in the case of final transfer (e.g., sale, inheritance) or temporarily (such as for repair, exhibition, transport). Here as well, the provisions of the WaffG apply, particularly with respect to documentation and reporting obligations.
Possession, Storage and Transport
Storage
Revolvers are subject to the strict storage provisions of § 36 WaffG and the General Weapons Act Ordinance (AWaffV). They must be stored in approved containers (e.g., gun cabinets with security level 0 under EN 1143-1). Ammunition must be stored separately.
Carrying and Transport
Carrying a revolver outside one’s own secure property is generally prohibited under § 2 (5) WaffG and requires an official permit (“gun license”). For permitted transport, e.g., to a shooting range or for repair, no carrying permit is required if the revolver is unloaded and transported in a locked container (§ 12 (3) No. 2 WaffG).
Prohibited Types of Revolvers and Prohibited Actions
Certain models of revolvers are subject to prohibition regulations. In particular, firearms equipped with so-called “silencers”, revolvers with central ignition systems, short-barreled handguns, fully automatic or specially modified models may be prohibited under Annex 2 of the WaffG. Modifications that make the revolver a fully automatic weapon are also prohibited (§ 2 (3) WaffG in conjunction with Annex 2).
Criminal and Regulatory Offenses Related to Revolvers
Unauthorized Possession and Use
Unauthorized carrying, acquisition, or possession of a revolver constitutes a criminal offense under § 52 (3) WaffG. Even a negligent breach of storage regulations may constitute an administrative offense (§ 53 WaffG) or, in some cases, even a criminal offense.
Criminal Law Assessment
The use of a revolver in the commission of a crime is considered an especially aggravating circumstance (see, e.g., §§ 244, 250 StGB: theft and robbery with a weapon), which can result in significantly increased penalties.
Revolvers under International Law
European Union
Directive 91/477/EEC sets European minimum standards for the acquisition and possession of revolvers. The transposition into national law (e.g., by the German WaffG) regulates in detail the requirements, classification, and cross-border transport.
Outside the European Union
In other countries, such as the USA, the possession and acquisition of revolvers are subject to significantly varying regulations, which may fall under federal, state, or local law. In numerous countries, general bans or specific restrictions exist.
Revolvers and Civil Liability
Liability for Damages
Civil law provides for liability for damages caused by the use of a revolver in accordance with the general provisions (§§ 823 et seq. BGB). Improper handling of a revolver can give rise to tortious liability.
Insurance Coverage
For owners and users of a revolver, special liability insurance with shooting associations or hunting liability insurance is often required or mandatory, to cover risks associated with gun ownership.
Special Features Regarding Acquisition and Possession of Blank-Firing Revolvers
Blank-firing revolvers, also known as SRS weapons, are freely available for sale under the WaffG, but are subject to numerous restrictions, including restrictions on carrying (a small firearms license under § 10 (4) sentence 4 WaffG is required).
Overview of Legal Amendments and Future Developments
Gun laws are regularly amended, particularly to enhance public safety. These often include regulations affecting revolvers, such as stricter requirements for acquisition, new storage rules, or changes in classification.
This article provides a comprehensive overview of the legal classification of the term revolver in German, European, and international contexts, considering all relevant aspects of gun law and related areas of law.
Frequently Asked Questions
What requirements must be met in Germany to legally acquire a revolver?
To legally acquire a revolver in Germany, the acquisition is subject to strict legal requirements under gun law, in particular the Firearms Act (WaffG). Private individuals generally require an appropriate firearms license, usually in the form of a firearms ownership card (WBK), for acquisition, possession, and carrying of a live revolver. The requirements include, among others, a minimum age of 18 (for live firearms, 21 years, or 25 years with additional psychological assessment), personal reliability and mental suitability, proven by a certificate of conduct and, if applicable, a statement from a doctor or psychologist. Furthermore, the need for acquisition must be demonstrated, such as by being a marksperson (proof through membership in a shooting club and regular training) or a hunter (with a valid hunting license). Additionally, knowledge in handling the weapon must be demonstrated by passing a proficiency test. Lastly, strict storage requirements must be complied with, so revolvers must be stored in a secure gun cabinet.
What legal restrictions apply to carrying a revolver?
Carrying a revolver, i.e., taking it outside one’s own secured property and keeping it ready, is subject to particularly strict conditions under §§ 10 and 12 WaffG. For this, a special license in the form of a gun permit is absolutely necessary, which is only issued in exceptional cases and upon proof of a particular risk (e.g., cash couriers or professional gun carriers). Holders of a firearms ownership card may only transport revolvers for specific purposes, such as to a shooting range or for hunting, and must carry the weapon unloaded and not ready to fire in a locked container, with ammunition generally kept separately. Any carrying without a valid gun permit constitutes a criminal offense and can result in substantial fines or imprisonment, as well as confiscation of the weapon.
What regulations apply to the safe storage of revolvers?
The storage of revolvers in Germany is strictly regulated by § 36 WaffG and the General Weapons Act Ordinance (AWaffV). The revolver must be kept in a certified gun safe of security level 0 or higher according to EN 1143-1. The safes must protect against unauthorized access and theft; key depots and storage outside of locked containers are prohibited. Ammunition must be stored either in a separate, locked compartment within the same safe or a separate security container. Compliance with these storage requirements is randomly checked by authorities. Violations can result in the revocation of the firearms license and criminal consequences.
How is the acquisition and possession of a revolver monitored by authorities?
The acquisition and possession of a revolver are subject to official notification requirements. After purchase, the acquisition of ownership, along with manufacturer, model, caliber, and serial number, must be reported to the competent firearms authority within two weeks (§ 37 WaffG). The authority records the data in the National Firearms Register (NWR) and lists the weapon on the firearms ownership card. Further monitoring is done by random checks of secure storage and regular reviews of the owner’s personal suitability and reliability, for example, through repeated checks of criminal records. Legal violations can result in the revocation of all firearms licenses and confiscation of the weapons.
What are the penalties for illegal possession or improper handling of a revolver?
Illegal possession, acquisition, or carrying of a revolver without the necessary firearms license is prosecuted as a criminal offense under § 52 WaffG and may be punished by a fine or imprisonment for up to five years, or, in particularly serious cases, even more. In addition, all firearms licenses are usually permanently revoked, and the affected weapons are seized and destroyed. Improper storage is also treated as a regulatory or criminal offense, with fines up to 10,000 euros or higher, and possible criminal consequences if, for example, theft occurs due to improper security.
May a revolver be kept at home for self-defense purposes?
Acquisition of a revolver solely for the purpose of self-defense at home generally does not establish a need within the meaning of the Firearms Act and is almost always denied by the authorities. The firearms license is primarily granted to marksmen, hunters, or professional gun carriers. Anyone allowed to keep a revolver at home must strictly comply with all storage regulations, so that the revolver must not be immediately accessible and ready to fire. The self-defense provisions of the Penal Code (StGB) are unaffected by this; however, in every individual case it is examined whether the use of a weapon in self-defense was legally permissible.
What is the effect of a possible gun ban on the possession of a revolver?
A gun ban imposed by the authorities—e.g., due to lack of reliability or diagnosed mental illness—leads, according to § 41 WaffG, to the affected person having to surrender or dispose of all items relevant to firearms law in their possession, including revolvers, within a specified period. The firearms ownership card is confiscated, existing licenses expire, and any further handling constitutes a criminal offense. Those affected may take legal action against the ban, but during the proceedings, possession and handling remain prohibited.
