Gun politics in Germany
Encyclopedia
The German Weapons Act is a gun regulation
law enacted in Germany
in 1972. It includes, and modifies, previous gun regulation laws. It regulates the handling of knives, firearms and ammunition as well as acquisition, storage, commerce and maintenance of weapons. It also defines certain forbidden items such as nunchaku
s, switchblade
s and brass knuckles
and bans their possession, bringing into circulation etc.
, the German Weimar government passed very strict gun ownership restrictions. Article 169 of the Treaty of Versailles stated, "Within two months from the coming into force of the present Treaty, German arms, munitions, and war material, including anti-aircraft material, existing in Germany in excess of the quantities allowed, must be surrendered to the Governments of the Principal Allied and Associated Powers to be destroyed or rendered useless."
In 1919, the German government passed the Regulations on Weapons Ownership, which declared that "all firearm
s, as well as all kinds of firearms ammunition
, are to be surrendered immediately." Under the regulations, anyone found in possession of a firearm or ammunition was subject to five years' imprisonment and a fine of 100,000 marks.
On August 7, 1920, the German government enacted a second gun-regulation law called the Law on the Disarmament of the People. It put into effect the provisions of the Versailles Treaty in regard to the limit on military-type weapons.
In 1928, the German government enacted the Law on Firearms and Ammunition. This law relaxed gun restrictions and put into effect a strict firearm licensing scheme. Under this scheme, Germans could possess firearms, but they were required to have separate permits to do the following: own or sell firearms, carry firearms (including handguns), manufacture firearms, and professionally deal in firearms and ammunition. This law explicitly revoked the 1919 Regulations on Weapons Ownership, which had banned all firearms possession.
Stephen Halbrook writes about the German gun restriction laws in the 1919-1928 period, "Within a decade, Germany had gone from a brutal firearms seizure policy which, in times of unrest, entailed selective yet immediate execution for mere possession of a firearm, to a modern, comprehensive gun control law."
Under both the 1928 and 1938 acts, gun manufacturers and dealers were required to maintain records with information about who purchased guns and the guns' serial numbers. These records were to be delivered to a police authority for inspection at the end of each year.
On November 11, 1938, the Minister of the Interior, Wilhelm Frick
, passed Regulations Against Jews' Possession of Weapons. This regulation effectively deprived all Jews of the right to possess firearms or other weapons.
. It was developed in the Federal Weapons Act of 2002 and by amendments in 2008 and 2009. These laws were the result of a chain of school shootings in Erfurt
, Emsdetten and Winnenden
. They led to a public debate, in which blame was attributed to various elements of youth culture and society, including violent computer games, television program
s, rock music
and private gun ownership.
The Weapons Act of 2002 increased the age requirements for licensed hunters
and competition shooters. It also introduced the requirement of a psychological evaluation
for persons under the age of 25 to fulfil the requirement of personal adequacy for large-bore firearms.
The first amendment became effective on April 1, 2008. The intention of that amendment was to ban certain kinds of weapons like airsoft
-guns, taser
s, so-called Anscheinswaffen (dummy-guns) and knives with blades longer than 12 cm from public places. They may still be carried in sealed wrappings and for professional or ceremonial purposes. Their use on private premises and in non-public places like gun clubs is not restricted.
The second amendment became effective on July 17, 2009. It introduced routine verifications of safe firearms storage by local firearms control offices at the homes of licensees. It also tightened the conditions for continuous necessity. A constitutional complaint (Verfassungsbeschwerde
) was launched against the law, alleging a violation of the inviolability of the home, guaranteed by Art. 13 of the German constitution.
The weapons law does not apply to military use of weapons within the Bundeswehr
or to the police
. The identity card of German troops and police officers contains a term allowing them to carry weapons. Nonetheless – within the military – issuance of guns and especially ammunition is very strictly controlled.
In Germany the possession of any firearm with a fire energy exceeding 7.5 Joule requires a valid firearms ownership license for any particular weapon. The current Federal Weapons Act adopts a two-tiered approach to firearms licensing.
A number of criteria must be met before a firearms ownership license is issued:
Necessity is automatically assumed present for licensed
hunters
and owners of a carry permit (Waffenschein). Competition shooters can demonstrate necessity by being an active member of a Schützenverein
(marksmen club) for over a year. A competition shooter can lose necessity – and be required to give up owned firearms – by abandoning the shooting sport. Self-defense
is not a recognized ground for necessity, outside the narrow requirements of a carry permit.
Inheritors of legal firearms can obtain a permit without having to demonstrate expert knowledge or necessity, but without them, the firearm has to be blocked by an arms dealer (§ 20 WaffG) and an inheritor's license does not include the right to acquire or handle ammunition.
Persons who are
are barred from obtaining a firearms ownership license.
Firearms ownership licenses come in three color-coded varieties: Green licenses enable the holder to acquire and own all non-assault weapon
s. Every acquisition requires prior approval and per-firearm necessity. License holders are normally limited to two short firearms and three semi-automatic rifle
s. Yellow licenses enable the holder to acquire and own single-shot and repeater long firearms and single-shot short ones, without having to obtain prior approval or demonstrate individual necessity. Acquisition is limited to two firearms per half-year. Red licenses are available to collectors and experts. They allow unlimited acquisition of firearms, for collectors they are usually constrained to a specific collectible "theme".
and politician
s. They are valid up to three years and can be extended. Carrying at public events is prohibited. Licensed hunters do not need a permit to carry weapons while hunting.
s (both of the blank
and irritant kind) and flare gun
s. These types of firearms are freely available to adults; only the actual carrying on public property requires the permit. Similarly to the "real" or big permit, carrying at public events is proscribed.
Gun control
Gun control is any law, policy, practice, or proposal designed to restrict or limit the possession, production, importation, shipment, sale, and/or use of guns or other firearms by private citizens...
law enacted in Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
in 1972. It includes, and modifies, previous gun regulation laws. It regulates the handling of knives, firearms and ammunition as well as acquisition, storage, commerce and maintenance of weapons. It also defines certain forbidden items such as nunchaku
Nunchaku
is a traditional Okinawan weapon consisting of two sticks connected at their ends with a short chain or rope.-Etymology:The Japanese word nunchaku is the Kun'yomi reading of the Kanji term for a traditional Chinese two section staff....
s, switchblade
Switchblade
A switchblade is a type of knife with a folding or sliding blade contained in the handle which is opened automatically by a spring when a button, lever, or switch on the handle or bolster is activated A switchblade (also known as an automatic knife, pushbutton knife, switch, Sprenger, Springer,...
s and brass knuckles
Brass knuckles
Brass knuckles, also sometimes called knuckles, knucks, brass knucks, or knuckledusters, are weapons used in hand-to-hand combat. Brass knuckles are pieces of metal, usually steel despite their name, shaped to fit around the knuckles...
and bans their possession, bringing into circulation etc.
Restrictions imposed by the treaty of Versailles
In 1919 and 1920, to stabilize the country and in part to comply with the Treaty of VersaillesTreaty of Versailles
The Treaty of Versailles was one of the peace treaties at the end of World War I. It ended the state of war between Germany and the Allied Powers. It was signed on 28 June 1919, exactly five years after the assassination of Archduke Franz Ferdinand. The other Central Powers on the German side of...
, the German Weimar government passed very strict gun ownership restrictions. Article 169 of the Treaty of Versailles stated, "Within two months from the coming into force of the present Treaty, German arms, munitions, and war material, including anti-aircraft material, existing in Germany in excess of the quantities allowed, must be surrendered to the Governments of the Principal Allied and Associated Powers to be destroyed or rendered useless."
In 1919, the German government passed the Regulations on Weapons Ownership, which declared that "all firearm
Firearm
A firearm is a weapon that launches one, or many, projectile at high velocity through confined burning of a propellant. This subsonic burning process is technically known as deflagration, as opposed to supersonic combustion known as a detonation. In older firearms, the propellant was typically...
s, as well as all kinds of firearms ammunition
Ammunition
Ammunition is a generic term derived from the French language la munition which embraced all material used for war , but which in time came to refer specifically to gunpowder and artillery. The collective term for all types of ammunition is munitions...
, are to be surrendered immediately." Under the regulations, anyone found in possession of a firearm or ammunition was subject to five years' imprisonment and a fine of 100,000 marks.
On August 7, 1920, the German government enacted a second gun-regulation law called the Law on the Disarmament of the People. It put into effect the provisions of the Versailles Treaty in regard to the limit on military-type weapons.
In 1928, the German government enacted the Law on Firearms and Ammunition. This law relaxed gun restrictions and put into effect a strict firearm licensing scheme. Under this scheme, Germans could possess firearms, but they were required to have separate permits to do the following: own or sell firearms, carry firearms (including handguns), manufacture firearms, and professionally deal in firearms and ammunition. This law explicitly revoked the 1919 Regulations on Weapons Ownership, which had banned all firearms possession.
Stephen Halbrook writes about the German gun restriction laws in the 1919-1928 period, "Within a decade, Germany had gone from a brutal firearms seizure policy which, in times of unrest, entailed selective yet immediate execution for mere possession of a firearm, to a modern, comprehensive gun control law."
The 1938 German Weapons Act
The 1938 German Weapons Act, the precursor of the current weapons law, superseded the 1928 law. As under the 1928 law, citizens were required to have a permit to carry a firearm and a separate permit to acquire a firearm. Furthermore, the law restricted ownership of firearms to "...persons whose trustworthiness is not in question and who can show a need for a (gun) permit." Under the new law:- Gun restriction laws applied only to handguns, not to long guns or ammunition. Writes Prof. Bernard Harcourt of the University of Chicago, "The 1938 revisions completely deregulated the acquisition and transfer of rifles and shotguns, as well as ammunition."
- The groups of people who were exempt from the acquisition permit requirement expanded. Holders of annual hunting permits, government workers, and NSDAP party members were no longer subject to gun ownership restrictions. Prior to the 1938 law, only officials of the central government, the states, and employees of the German Reichsbahn Railways were exempted.
- The age at which persons could own guns was lowered from 20 to 18.
- The firearms carry permit was valid for three years instead of one year.
- JewsJewsThe Jews , also known as the Jewish people, are a nation and ethnoreligious group originating in the Israelites or Hebrews of the Ancient Near East. The Jewish ethnicity, nationality, and religion are strongly interrelated, as Judaism is the traditional faith of the Jewish nation...
were forbidden from the manufacturing or ownership of firearms and ammunition.
Under both the 1928 and 1938 acts, gun manufacturers and dealers were required to maintain records with information about who purchased guns and the guns' serial numbers. These records were to be delivered to a police authority for inspection at the end of each year.
On November 11, 1938, the Minister of the Interior, Wilhelm Frick
Wilhelm Frick
Wilhelm Frick was a prominent German Nazi official serving as Minister of the Interior of the Third Reich. After the end of World War II, he was tried for war crimes at the Nuremberg Trials and executed...
, passed Regulations Against Jews' Possession of Weapons. This regulation effectively deprived all Jews of the right to possess firearms or other weapons.
Current laws
After 1945, the Allied Forces commanded the complete disarming of Germany. Even German police officers were initially not allowed to carry firearms. Private ownership of firearms was not allowed until after 1956. The legal status returned essentially to that of the Law on Firearms and Ammunition of 1928. The regulation of the matter was thoroughly revised in 1972, when the new restrictive Federal Weapons Act (Bundeswaffengesetz) became effective, partly as a reaction to the terror of the Red Army FactionRed Army Faction
The radicalized were, like many in the New Left, influenced by:* Sociological developments, pressure within the educational system in and outside Europe and the U.S...
. It was developed in the Federal Weapons Act of 2002 and by amendments in 2008 and 2009. These laws were the result of a chain of school shootings in Erfurt
Erfurt massacre
The Erfurt massacre was a school massacre that occurred on April 26, 2002 at the Gutenberg-Gymnasium in Erfurt, Germany. The gunman, 19-year-old expelled student Robert Steinhäuser, shot and killed sixteen people; comprising 13 faculty members, 2 students, and one police officer, before committing...
, Emsdetten and Winnenden
Winnenden school shooting
The Winnenden school shooting occurred on the morning of 11 March 2009 at a secondary school in Winnenden, Baden-Württemberg, in southwestern Germany, followed by a shootout at a car dealership in nearby Wendlingen. The shooting spree resulted in 16 deaths, including the suicide of the perpetrator,...
. They led to a public debate, in which blame was attributed to various elements of youth culture and society, including violent computer games, television program
Television program
A television program , also called television show, is a segment of content which is intended to be broadcast on television. It may be a one-time production or part of a periodically recurring series...
s, rock music
Rock music
Rock music is a genre of popular music that developed during and after the 1960s, particularly in the United Kingdom and the United States. It has its roots in 1940s and 1950s rock and roll, itself heavily influenced by rhythm and blues and country music...
and private gun ownership.
The Weapons Act of 2002 increased the age requirements for licensed hunters
Hunting
Hunting is the practice of pursuing any living thing, usually wildlife, for food, recreation, or trade. In present-day use, the term refers to lawful hunting, as distinguished from poaching, which is the killing, trapping or capture of the hunted species contrary to applicable law...
and competition shooters. It also introduced the requirement of a psychological evaluation
Psychological evaluation
A psychological evaluation or mental examination is an examination into a person's mental health by a mental health professional such as a psychologist. A psychological evaluation may result in a diagnosis of a mental illness...
for persons under the age of 25 to fulfil the requirement of personal adequacy for large-bore firearms.
The first amendment became effective on April 1, 2008. The intention of that amendment was to ban certain kinds of weapons like airsoft
Airsoft
Airsoft is a sport in which participants shoot round non-metallic pellets launched via replica firearms.Gameplay varies in style and composition but often range from short-term skirmishes, organized scenarios, military simulations, historical reenactments, to competition target shooting events...
-guns, taser
Taser
A Taser is an electroshock weapon that uses electrical current to disrupt voluntary control of muscles. Its manufacturer, Taser International, calls the effects "neuromuscular incapacitation" and the devices' mechanism "Electro-Muscular Disruption technology"...
s, so-called Anscheinswaffen (dummy-guns) and knives with blades longer than 12 cm from public places. They may still be carried in sealed wrappings and for professional or ceremonial purposes. Their use on private premises and in non-public places like gun clubs is not restricted.
The second amendment became effective on July 17, 2009. It introduced routine verifications of safe firearms storage by local firearms control offices at the homes of licensees. It also tightened the conditions for continuous necessity. A constitutional complaint (Verfassungsbeschwerde
Verfassungsbeschwerde
The constitutional complaint is a remedy found in Germany for protection of constitutional rights. It derives from Article 93 Sec. 1 Nr. 4a of the Basic Law...
) was launched against the law, alleging a violation of the inviolability of the home, guaranteed by Art. 13 of the German constitution.
The weapons law does not apply to military use of weapons within the Bundeswehr
Bundeswehr
The Bundeswehr consists of the unified armed forces of Germany and their civil administration and procurement authorities...
or to the police
Law enforcement in Germany
Law enforcement in Germany is constitutionally vested solely with the states, which is one of the main features of the German political system. Therefore, unlike France, Italy, the United States, Canada or many other countries, Germany has no federal police force comparable to the Italian...
. The identity card of German troops and police officers contains a term allowing them to carry weapons. Nonetheless – within the military – issuance of guns and especially ammunition is very strictly controlled.
In Germany the possession of any firearm with a fire energy exceeding 7.5 Joule requires a valid firearms ownership license for any particular weapon. The current Federal Weapons Act adopts a two-tiered approach to firearms licensing.
Firearms ownership license
A firearms ownership license (Waffenbesitzkarte) must be obtained before a weapon can be purchased. Owners of multiple firearms need separate ownership licenses for every single firearm they own. It entitles owners to purchase firearms and handle them on their own property and any private property with property owner consent. On public premises, a licensed firearm must be transported unloaded and in a stable, fully enclosing, locked container. A weapons ownership license does not entitle the owner to shoot the weapon or carry it on public premises without the prescribed container. Owners must obtain mandatory insurance and a means to securely store the weapon on their premises (a weapons locker). Blanket ownership licenses are issued to arms dealers, firearms experts and – with limitations – to collectors. Today, there are ca. four million legal private gun owners.A number of criteria must be met before a firearms ownership license is issued:
- age of consent (18 years for rimfire calibers/21 years for higher calibers) (§ 4 WaffG)
- trustworthiness (§ 5 WaffG)
- personal adequacy (§ 6 WaffG)
- expert knowledge (§ 7 WaffG) and
- necessity (§ 8 WaffG)
Necessity is automatically assumed present for licensed
Hunting license
A hunting license is a regulatory or legal mechanism to control recreational and sports hunting.Hunting may be regulated informally by "unwritten law", "self restraint", or "morality" and by laws "enforced by government authority."...
hunters
Hunting
Hunting is the practice of pursuing any living thing, usually wildlife, for food, recreation, or trade. In present-day use, the term refers to lawful hunting, as distinguished from poaching, which is the killing, trapping or capture of the hunted species contrary to applicable law...
and owners of a carry permit (Waffenschein). Competition shooters can demonstrate necessity by being an active member of a Schützenverein
Schützenverein
A Schützenverein is in German language countries a voluntary association featuring sport-shooting either on Olympic levels or historic weapons....
(marksmen club) for over a year. A competition shooter can lose necessity – and be required to give up owned firearms – by abandoning the shooting sport. Self-defense
Self-defense
Self-defense, self-defence or private defense is a countermeasure that involves defending oneself, one's property or the well-being of another from physical harm. The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many...
is not a recognized ground for necessity, outside the narrow requirements of a carry permit.
Inheritors of legal firearms can obtain a permit without having to demonstrate expert knowledge or necessity, but without them, the firearm has to be blocked by an arms dealer (§ 20 WaffG) and an inheritor's license does not include the right to acquire or handle ammunition.
Persons who are
- convicted felons
- have a record of mental disorder or
- are deemed unreliable (which includes people with drug or alcohol addiction histories and known violent or aggressive persons)
are barred from obtaining a firearms ownership license.
Firearms ownership licenses come in three color-coded varieties: Green licenses enable the holder to acquire and own all non-assault weapon
Assault weapon
Assault weapon is a non-technical term referring to any of a broad category of firearms with certain features, including some semiautomatic rifles, some pistols, and some shotguns. There are a variety of different statutory definitions of assault weapons in local, state, and federal laws in the...
s. Every acquisition requires prior approval and per-firearm necessity. License holders are normally limited to two short firearms and three semi-automatic rifle
Semi-automatic rifle
A semi-automatic rifle is a type of rifle that fires a single bullet each time the trigger is pulled, automatically ejects the spent cartridge, chambers a fresh cartridge from its magazine, and is immediately ready to fire another shot...
s. Yellow licenses enable the holder to acquire and own single-shot and repeater long firearms and single-shot short ones, without having to obtain prior approval or demonstrate individual necessity. Acquisition is limited to two firearms per half-year. Red licenses are available to collectors and experts. They allow unlimited acquisition of firearms, for collectors they are usually constrained to a specific collectible "theme".
Firearms carry permit
Firearms carry permits (Waffenschein) entitle licensees to publicly carry legally owned weapons, loaded in a concealed or non-concealed manner. A mandatory legal and safety class and shooting proficiency tests are required to obtain such a permit. Carry permits are usually only issued to persons with a particular need for carrying a firearm. This includes some private security personnel and persons living under a raised threat-level like celebritiesCelebrity
A celebrity, also referred to as a celeb in popular culture, is a person who has a prominent profile and commands a great degree of public fascination and influence in day-to-day media...
and politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
s. They are valid up to three years and can be extended. Carrying at public events is prohibited. Licensed hunters do not need a permit to carry weapons while hunting.
Small firearms carry permit
A small firearms carry permit (Kleiner Waffenschein) was introduced in 2002. It can be obtained without having to demonstrate expert knowledge, necessity or a mandatory insurance. The only requirements are that the applicant be of legal age, trustworthy and personally adequate. It entitles the licensee to publicly carry gas pistolGas pistol
A gas pistol is a non-lethal weapon for self-defense. It is typically a close-to-exact replica or conversion of a real handgun made to be able to fire lachrymatory gas cartridges only. Effective range is up to 4,5 metres depending caliber...
s (both of the blank
Blank (cartridge)
A blank is a type of cartridge for a firearm that contains gunpowder but no bullet or shot. When fired, the blank makes a flash and an explosive sound . Blanks are often used for simulation , training, and for signaling...
and irritant kind) and flare gun
Flare gun
A flare gun is a firearm that launches flares. It is typically used for signalling, as distress signalling, at sea or from the ground to aircraft...
s. These types of firearms are freely available to adults; only the actual carrying on public property requires the permit. Similarly to the "real" or big permit, carrying at public events is proscribed.
External links
- German Department of the Interior on German Weapons Law (german)
- On the NRA, Adolf Hitler, Gun Registration, and the Nazi Gun Laws: Exploding the Culture Wars (A Call to Historians), by Prof. Bernard E. Harcourt of the University of ChicagoUniversity of ChicagoThe University of Chicago is a private research university in Chicago, Illinois, USA. It was founded by the American Baptist Education Society with a donation from oil magnate and philanthropist John D. Rockefeller and incorporated in 1890...
. 2004. - Nazi Firearms Law and the Disarming of the German Jews", by Stephen P. Halbrook, in Arizona Journal of International and Comparative Law, Vol. 17, No. 3. 2000.
- Comprehensive information regarding German weapons law from the perspective of USAREURUnited States Army EuropeUnited States Army Europe and Seventh Army, is an Army Service Component Command of the United States Army and the land component of United States European Command. It is the largest American formation in Europe.-Invasion of Sicily:...
(English)