Term and definition of the use of weapons
Der Use of weapons refers in legal terms to the application of weapons by private individuals, security forces, or state agencies. The term encompasses both the actual use of a weapon for defense against attacks or for the enforcement of powers as well as the threat to use a weapon. Legally, the use of weapons in Germany and other jurisdictions is extremely strictly regulated and subject to stringent prerequisites and controls. The use of weapons can have serious legal consequences, especially if it takes place outside the legal framework.
Forms and types of weapon use
Distinction and classification
The use of weapons can be divided into different forms, each of which has distinct legal bases and consequences:
- Use by state agencies (e.g., police, military, customs)
- Private use of weapons (e.g., self-defense situations)
- Use by private security services
Definition of a weapon in the legal context
Legally, a weapon is understood to be any instrument that is intended or suitable, by its mechanical function, to cause significant injury or death or to inflict property damage. This includes firearms, bladed and pointed weapons, irritant spray devices, and, under certain circumstances, even everyday items, provided they are used for attack or defense purposes.
Use of weapons by state forces
Legal foundations
The use of weapons by state forces, especially by the police, is regulated in Germany primarily by the Weapons Act (WaffG), the Criminal Code (StGB), the Right of resistance as well as by police law provisions, such as the Act on the Immediate Use of Force (UZwG), the Federal Police Act (BPolG) and the state police laws, among others.
Prerequisites for the use of weapons
The use of weapons by the police or other state forces is subject to strict factual requirements. These include in particular:
- Proportionality: The use of weapons must be suitable, necessary, and appropriate to achieve the intended purpose and must not be disproportionate to the legal interest to be protected.
- Ultima Ratio Principle: The use of a weapon is only permitted if milder means of averting danger are insufficient or have failed.
- Threat and warning: As a rule, the use of a weapon must be threatened, if circumstances allow, for example by a warning call (“Police, stop – weapon!”) or a warning shot.
- Legal basis: The use always requires statutory authorization.
Special provisions for the use of firearms
For the use of firearms, the law provides even stricter regulations. The life-threatening use of firearms is generally only permitted in cases of immediate danger to life or limb.
Legal consequences of unlawful use of weapons
If a state actor violates the statutory requirements for the use of weapons, criminal and disciplinary consequences, including disciplinary measures and claims for damages, may result.
Private use of weapons
Legal foundations
Private use of weapons in German law is subject to the general grounds for justification and to weapons law. Important regulations can be found in the Weapons Act (WaffG) and in the provisions on self-defense (§ 32 StGB) and necessity (§ 34 StGB).
Self-defense and emergency aid
Requirements for self-defense
The law of self-defense in principle allows any person to ward off a current, unlawful attack with appropriate means. The use of a weapon is permitted within this framework only if it is necessary and suitable, in terms of proportionality, for defense.
Exceeding the limits of self-defense
An excess of self-defense, especially excessive use of weapons, may, depending on the circumstances, lead to criminal liability, although extenuating circumstances may apply in cases of fear, confusion, or terror (§ 33 StGB).
Possession and carrying of weapons
Not every private individual is authorized to carry or possess a weapon. The Weapons Act regulates the requirements for acquisition, possession, carrying, and use of firearms and other weapons, for example, through firearms ownership cards, weapon permits, and storage regulations.
Special situations in private use of weapons
The use of weapons is permitted not only for self-defense but also in the context of tradition (e.g., shooting festivals), authorized hunting, and sport shooting within a narrow framework, whereby the concrete use is subject to legal control.
Use of weapons in international and military contexts
Legal foundations in case of war
In the context of international conflicts, the deployment and use of weapons are governed by international humanitarian law, in particular the Geneva Conventions and the Hague Convention. The rules on weapons of war and their use prohibit, for example, the deployment of certain weapons (e.g., chemical and biological weapons) or the use of weapons against civilians.
Control and oversight
International organizations such as the Organisation for the Prohibition of Chemical Weapons (OPCW) and the United Nations monitor compliance with relevant regulations.
Criminal and civil consequences of weapon use
Criminal consequences
Unlawful weapon use can fulfill statutory offenses such as bodily harm, manslaughter, murder, property damage, or dangerous interference with road traffic. Consequences range from fines to imprisonment.
Civil claims
Victims of unlawful weapon use can assert claims for damages and compensation for pain and suffering against the responsible persons or authorities. In cases of breaches of official duty, state liability may apply (§ 839 BGB).
Control mechanisms and prevention
Monitoring and documentation obligations
The lawful handling, especially with firearms, is subject to stringent official controls. Authorities maintain weapons registers, check the reliability and suitability of applicants, and conduct regular inspections.
Training and education
Regulations require specific groups (e.g., hunters, sport shooters, security industry) to undergo training and prove their expertise.
References and further sources
- <a href="https://www.gesetze-im-internet.de/waffg2002/”>Weapons Act (WaffG)
- Criminal Code (StGB)
- Act on Immediate Use of Force in the Exercise of Public Authority by Federal Enforcement Officers (UZwG)
- <a href="https://www.gesetze-im-internet.de/bgbl2/19541/seite404.html”>Geneva Conventions
Summary
The term use of weapons describes the application of weapons by private individuals or state authorities, taking into account very strict legal conditions. In addition to extensive regulation by national laws, international laws play a significant role in the military sector. A violation of the regulations on the use of weapons results in significant criminal and civil consequences. The purpose of these legal norms is the protection of life, physical integrity, and public safety.
Frequently Asked Questions
When is the use of a weapon justified under German law?
The use of a weapon is basically only justified under German law under strict conditions. The decisive grounds include self-defense (§ 32 StGB), justifying necessity (§ 34 StGB), and specific provisions in weapons and police law. Self-defense applies when a current, unlawful attack must be repelled and the use of a weapon is the only suitable or at least proportional means. The intensity of weapon use must be proportional to the severity of the attack (principle of proportionality). Police officers are also, as a rule, only allowed to use weapons as a last resort (“ultima ratio”) when milder means such as physical intervention or coercive measures are insufficient. Lawfulness is evaluated primarily based on the principle of proportionality and in compliance with relevant provisions in the Weapons Act, the BKA Act, and state police laws.
What legal consequences can result from unlawful use of weapons?
Unlawful use of weapons can lead to various criminal and civil consequences. If a weapon is used outside of the legally justified grounds, criminal sanctions such as imprisonment for bodily harm (§ 223 StGB), aggravated bodily harm (§ 224 StGB), manslaughter (§ 212 StGB), or even murder (§ 211 StGB) may be imposed. Attempted offenses are also punishable. Furthermore, unlawful use of weapons can give rise to claims for damages and compensation for pain and suffering (§ 823 BGB). Depending on the severity of the offense, one’s reliability under weapons law (§ 5 WaffG) may also be questioned, leading to the revocation of the firearms license and a weapons ban.
Under what conditions are police officers in Germany allowed to use their firearms?
The powers regarding the use of firearms by police officers are detailed in the respective state police laws as well as the Federal Police Act. Firearms may only be used if other measures have failed or hold no promise of success (proportionality). The use of firearms against individuals is especially only permitted to avert an immediate danger to life or limb, to prevent a serious crime, or to apprehend a fleeing, strongly suspected person. Warnings and warning shots must be given, if time and circumstances permit. Targeted use of firearms is only permitted as a last resort and always with respect for human dignity.
How is the use of weapons regulated in self-defense situations?
In self-defense situations, the law generally permits the use of a weapon if this is necessary to ward off a current, unlawful attack (§ 32 StGB). The act of defense must be suitable and the least severe available means for repelling the attack. Exceeding self-defense is only excused in exceptional cases through the so-called excess of self-defense (§ 33 StGB), for example in an asthenic affective state (confusion, fear). In any case, the court will retrospectively review whether proportionality was maintained and whether use of the weapon was necessary and justified under the circumstances.
What are the storage obligations for gun owners to prevent unlawful use of weapons?
Gun owners are subject to strict statutory storage obligations (§ 36 WaffG). Firearms and ammunition must be stored in special, certified containers such as gun safes. Access must be effectively denied to unauthorized persons—particularly children and adolescents. Failure to comply constitutes an administrative offense or, in the event of damage, even a criminal offense and can lead to revocation of the firearms license. This is intended to effectively prevent risks such as theft or unauthorized access and to exclude unlawful weapon use from the outset.
What role does proportionality play in the use of weapons?
The principle of proportionality is a central legal criterion in the use of weapons. It means that the measure taken—in this case, the use of weapons—must always be proportional to the severity of the threat or attack. This applies both to private individuals in self-defense situations and to authorities and police acting in their official capacity. Use is only justified if there is no milder alternative equally effective means and if the resulting damage is not disproportionate to the harm being prevented. The assessment of proportionality is always case-specific and subsequently reviewed by courts.
How do exceptional psychological situations affect the legal assessment of the use of weapons?
Exceptional psychological circumstances, such as panic reactions, fear, or shock-induced misjudgments, may be treated as mitigating or even exonerating in certain situations. Case law recognizes the so-called excess of self-defense (§ 33 StGB) if someone, due to confusion, fear, or terror, exceeds the necessary level of force in a situation of self-defense. Complete lack of culpability (§ 20 StGB) is, however, the exception. What matters is the person’s specific psychological state and its influence on their ability to act and alternative courses of action at the time of using the weapon. Courts evaluate these circumstances as part of an overall assessment of the facts.
