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General administrative regulation for the Weapons Act (WaffVwV)
General administrative regulation
to the gun law
5 March 2012
General administrative regulation for the Weapons Act
5 March 2012
According to Article 84 paragraph 2 of the Basic Law, the Federal Government issues the following general administrative regulation:
Comments on §§ 1 to 58
of the Arms Act1)
On § 1: Definitions
1.1 The definitions of weapons can be found in Appendix 1, Section 1.
1.2 The individual ways of handling weapons or ammunition listed in Section 1 (3) are described in more detail in Appendix 1, Section 2. Reference is made to the explanations on this.
If the term “permission-free” is used in this administrative regulation, it only refers to the acquisition and possession.
1.3 In addition to Annex 1 referred to in Section 1 (4), the notices of assessment issued in the procedure pursuant to Section 2 (5) and published in the Federal Gazette must be used to clarify questions of doubt. Other assessments below the threshold of a notice of determination by the Federal Criminal Police Office (BKA), which are also to be published in a suitable manner (on the BKA homepage), can be taken into account.
On § 2: Principles of handling weapons or ammunition, list of weapons
2.1 § 2 Paragraph 1 stipulates a general principle with regard to the handling of weapons or ammunition; For exceptions, see Section 3, Paragraph 3, Sections 13 and 27. The minimum age of 18 years applies regardless of whether a permit is required (for these cases, see Section 4, Paragraph 1, Number 1). However, it does not apply to weapons exempted from the Weapons Act (WaffG) (Annex 2, Section 3, Subsection 2) and to non-weapons, e.g. mere imitations of cut and thrust weapons.
2.2 According to Annex 2, Section 2, the category of licensing requirements is provided exclusively for firearms, including the items listed in Annex 1, Section 1, Subsection 1, numbers 1 to 4 (equivalent items, essential parts of firearms, etc.) and the ammunition intended for them. There is no license requirement for other weapons (especially for cut and thrust weapons). This does not affect the possibility of imposing weapons bans in individual cases (Section 41). For such weapons, however, the requirement of a minimum age (see number 2.1), the requirement of safe storage (Section 36 (1) sentence 1) and the prohibition on carrying weapons (Sections 42, 42a) must be observed.
2.3 Section 2 (5) opens a procedure through which doubts about the classification of an object can be clarified. The right of a weapons authority to apply is regulated by state law; The concentration obligations provided there (e.g. the obligation to submit applications via the State Criminal Police Office - LKA) must be observed. The tasks, powers and responsibilities of the BKA according to Section 2 (5) in conjunction with Section 48 (3) and the resulting binding effect of the classification do not extend to the legal consequences of a classification. Therefore, only the locally and materially competent weapons authority can make a legally binding (constitutive) decision on the necessity and, if necessary, the granting of a specific weapon law permit for a specific issue.
The BKA collects the decisions and sets up an electronic address on the Internet.
Before the weapons authority submits an application, it must be checked by comparing it with declaratory notices and individual assessments that have already been issued to determine whether a determination procedure is necessary.
On § 3: Handling of weapons and ammunition by children or young people
3.1 Adolescents are people between the beginning of the fifteenth and the end of the eighteenth year of life (Appendix 1, Section 2, Number 11); Children are people who are not yet 14 years old (Appendix 1, Section 2, Number 10). The exemptions for young people in Section 3 (1) are limited to training and employment relationships that are established and structured in a contract or a similar manner.
3.2 The regulations of § 3 Paragraph 2 relate to devices that have been officially tested, approved and marked in accordance with the relevant shooting regulations. Irritant sprays intended for animal defense and manufactured and sold as such are not weapons or irritant spray devices within the meaning of the WaffG. Dealing with them is free.
3.3 Exceptions to the age requirement (Section 3, Paragraph 3, possibly in conjunction with Section 4, Paragraph 1, Number 1) can only be considered for the independent handling of firearms if the applicant has the necessary prudence (see Section 6) despite his youth and is able to secure the weapon against unauthorized access. According to Section 3 (3), an exception may only be permitted if the applicant can prove the required intellectual maturity in a suitable manner. Suitable persons can be interviewed for this, e.g. custodians, trainers and supervisors in clubs. Section 6 (3) remains unaffected. The words "in general or for individual cases" are intended to make it clear that the competent authority at events of the shooting clubs (e.g. open day in the shooting club, children's king-size shooting) has the possibility to allow exceptions from applicable age requirements for several minors. However, permanent club-related exceptional approval is not permitted. However, the exceptional nature of the decision must not be disregarded in view of the basic legal direction and the special concerns of child and youth protection.
3.4 There are no special formal requirements (e.g. medical certificate, written declaration of consent) for the supervised handling of firearms or portable objects outside of the cases regulated in § 27 Paragraph 3 to 6, e.g. at public events for recruiting young talent or at specially advertised shooting events for children for amusement to deliver.
Exceptions to age requirements in accordance with Section 3 (3) can be granted not only on a person-related basis, but also on an event-related basis (e.g. for the implementation of so-called "taster days" or for the implementation of a project for early training in shooting with compressed air weapons).
However, the exceptional nature of the decision must not be disregarded in view of the basic legal direction and the special concerns of child and youth protection.
Allowing an exception for events of this type must be combined with the following conditions:
- The (mobile) shooting range must be set up in accordance with the current shooting range guidelines.
- It is only allowed to shoot with age-appropriate weapons (e.g. compressed air weapons). The rifle must be loaded by a supervisor. The only thing left for the shooter to do is fine-tune and release the shot.
- It must be ensured that, with regard to supervision, Sections 10 and 11 of the General Weapons Act Ordinance (AWaffV) are observed.
- The supervisor may only allow children to shoot who have the required mental and physical aptitude to shoot.
On § 4: Requirements for a permit
4.1 Section 4 (1) summarizes the mandatory requirements for issuing a license under the law on weapons. Exceptions are only possible due to legal regulations. If one of these requirements is missing, the permit is to be denied.
In the case of Section 4 (2), the refusal of the permit is at the discretion of the weapons authority; The weapons authority will make use of this reason for refusal if it does not have any relevant knowledge of its own and the applicant does not provide sufficient conclusive evidence. In particular, the permit should be refused in accordance with Section 4 (2) if the reliability (Section 5) cannot be fully checked in accordance with the statutory provisions due to the stay outside the federal territory. Section 4 (2) is based on the habitual residence and not on whether the applicant is German, EU citizen or foreigner. In accordance with Section 26 (5) AWaffV, Section 4 (2) does not apply to EU citizens; this privilege also applies to German citizens.
4.2 The refusal of a weapons possession card (WBK), an ammunition purchase license or a gun license due to unreliability or lack of personal suitability must be reported to the Federal Central Register as soon as the decision is enforceable or no longer contestable (Section 10 Paragraph 1 Number 3 Letter b in conjunction with Section 20 Paragraph 1 of the Federal Central Register Act - BZRG). If a registered, enforceable decision becomes final, this must also be reported to the Federal Central Register (Section 10 (3) in conjunction with Section 20 (1) BZRG).
When making the notification, the provisions of the General Administrative Regulation for the Implementation of the Federal Central Register Act (BZRGVwV) of December 16, 2008 (BAnz. P. 4612) must be observed.
4.3 Evidence of insurance coverage as a prerequisite for a shooting license must be provided every three years. Reference is made to the regulation in number 27.2.
4.4 The possibility of the weapons authority to check the persistence of the need in individual cases for specific reasons (e.g. if there are indications of abuse) (cf. § 45) remains unaffected.
With the regulation of § 4 Paragraph 4 Clause 3, the authority is given the discretion to check the continued existence of the need even after the previously one-time regular review after three years. The review is carried out as required, i.e. H. if there are indications that the gun owner no longer has a need. Section 4 (4) sentence 3 does not introduce a regular review every three years. This is intended to create the basis for investigating cases in which the weapon license holder obviously no longer has a need. The examination period usually covers the last twelve months.
The requirements for the first grant do not apply to the needs assessment according to sentence 3. For members of a club who belong to a recognized shooting sports association, it is sufficient when checking the continued existence of the need according to § 4 Paragraph 4 that the continuing shooting activity and membership in the association are proven by suitable evidence, e.g. by a certificate from the club or by submitting a It is confirmed in the shooting book that the marksman is still active in shooting and is registered as a member of the recognized association. In the case of hunters, the continued existence of the need can generally be assumed if a hunting license has been issued.
For those who exceed the firearm contingent, shooting sports activities are based on Section 14 (3).
The starting point for the determination of a continuing need is thus a certain frequency of participation, which allows the conclusion that the marksman is actively involved in shooting sports. The different association rules and competition organization forms do not allow a specific minimum number to be set.
For all other sport shooters, the same principles apply to the examination of needs as to the examination of the granting of a gun license.
As a recreational sport - as in any other sport - shooting is subject to fluctuations over time with regard to the intensity exercised. It must be taken into account here that sport shooting is not just a matter of top-class sporting activity, but also, above all, of popular sport shooting.
As part of the review, the authority must therefore also take into account the reasons for which the marksman was comprehensibly prevented from practicing the sport of shooting with continued membership (e.g. in the event of a temporary stay abroad, a temporary suspension, in particular for professional, health or family reasons) . This also applies accordingly to a review of the needs of hunters.
Otherwise, the same principles apply to the re-examination of the need according to Section 4 (4) sentence 1 as to the examination when the weapon law permit was first granted.
To § 5: Reliability
5.1 Reliability in terms of weapons law according to this provision is to be checked independently of the reliability test on the basis of other legal norms.
The same requirements apply to the reliability of a foreigner as to the reliability of a German citizen.
Section 5 (1) names the cases of absolute unreliability. The subject of a crime or any other criminal offense can be any corresponding offense under criminal law or ancillary criminal law. If there is such a case of absolute unreliability, the application for a permit according to § 4 paragraph 1 number 2 must be rejected. A license that has already been granted must be withdrawn in accordance with Section 45 (1) or revoked in accordance with Section 45 (2) sentence 1.
If an application is made for a license to manufacture or trade in weapons (Section 21), the reliability must also be checked in accordance with general principles of trade law. For this purpose, information must also be regularly obtained from the central trade register. Of particular importance are the ability and the will of the trader to comply with his duty to supervise the employees responsible for compliance with the provisions of the law on weapons; In this way, attention is also paid to the responsible exercise of the authority to issue instructions to young trainees or employees in accordance with Section 3 (1).
5.2 Paragraph 1 does not provide for any hardship provision - especially to distinguish it from the unreliability of the rules in accordance with paragraph 2.
In the case of number 1, the legally judged violation of the legal system is of such weight that confidence in the reliability in handling weapons and ammunition cannot be re-established for the duration of the ten-year period. The correctness of the content of legally binding convictions by the criminal courts, as in the cases under Section 5 (2) number 1, is not to be questioned by the weapons authorities either with regard to the conviction itself or in connection with the sentence imposed.
In the case of number 2, it is about the fact-based prognosis of behavior specifically questionable in terms of weapons law, from which there is a high probability that damage to high legal interests will result, be it through the behavior of the applicant himself (letters a and b, first alternative) or other (letter b second alternative and letter c). The facts must be proven and relevant enough to permit the conclusion that the applicant is unreliable.
§ 5 paragraph 2 names the cases of unreliability of the rules. Here the unreliability is presumed to be refutable.
5.3 The authority may not base its decision on criminal judicial findings, or at least not without further investigations, if it can easily be seen that the conviction is based on an error, or if, in exceptional cases, it is in a position to better than inform the law enforcement agencies. The law does not provide for a distinction based on whether the offense committed originates from the convicted person's professional environment. Even the use of a past conviction does not violate any aspect of the applicant's protection of legitimate expectations.
However, it cannot be ruled out that, in individual cases, the presumption of unreliability can be broken in exceptional cases. The present higher court case law has accepted this exceptional case, for example, if it emerges from the criminal offense, from the criminal proceedings or for other important reasons that the present case differs significantly from the normal cases in which the provision is to be applied. A previously impeccable way of life is not enough for this, not even the commission of offenses without a weapon, such as withholding or convicting wages or fraud.
In the case of convictions that lead to unreliability only as a rule and not absolutely, the authority must check in each individual case whether special circumstances allow the conclusion to be drawn as to reliability as an exception. In cases that are not related to weapons, violence or intoxication (e.g. in the case of mere property or tax offenses), it should be checked particularly carefully whether there is a regular or exceptional case.
In the case of young people, only penalties under the Youth Courts Act (JGG) can be taken into account. Other consequences of a juvenile offense should not be included in this assessment.
With regard to the offenses mentioned in Section 5 (2) number 1 letter b, the following should be noted: If a conviction is not relevant in terms of weapons law, it is to be disregarded and only based on the sum of the individual sentences for the criminal offenses relevant to weapons law.
5.4 In number 2, mere membership in an organization recognized as unconstitutional is sufficient, whereby the organization must have possessed the prohibitive features when the person concerned was a member of the organization.
Number 3 requires specific activities with a corresponding goal in or outside of an association. While in § 5 paragraph 2 number 2 mere membership in an organization recognized as unconstitutional is sufficient, § 5 paragraph 2 number 3 requires active, targeted and purposeful, not necessarily aggressive and combative action in or outside of an association against an organization named in number 3 Protected property without a court having to decide beforehand. In this way, members of an association below the official level can also be covered by the regulation if they act accordingly.
In number 5, criminal proceedings without convictions and administrative offenses are also to be taken into account. The five-year period in Section 5 (2) number 1 does not apply here. "Gross" means a culpable (willful or negligent), in terms of objective weight and reproachable serious, possibly forcefully committed infringement. For “repeated” a single repetition is sufficient, so that the second offense with the above content seriously calls into question the reliability.
5.5 Section 5 (5) contains a regulation on the sources of knowledge that are mandatory under federal law to be used in the reliability check. This regulation does not name the usable sources of knowledge conclusively. For example, in addition to inquiring at the local police station in individual cases, it is advisable to inquire at the competent state authority for the protection of the constitution about the knowledge available there with regard to reasons for unreliability in accordance with Section 5 (2) number 2 letter b and number 3 in conjunction with Section 43 (2). This should take place in particular if corresponding indications result from the statements of the bodies that must be requested in accordance with Section 5 (5). The State Authority for the Protection of the Constitution may, upon request, transmit existing knowledge including personal data to the Weapons Authority on the basis of the transmission regulations of the State Protection of the Constitution Act; reference is made to Section 43 (2).
The request from the weapons authority to the local police in accordance with Section 5 (5) sentence 1 number 3 can also be made via a superordinate police station (e.g. LKA). It is based on the query of existing knowledge. This should be included in the letter to the police.
To § 6: Personal aptitude
6.1 With regard to the opinion provided by the local police station in accordance with Section 6 (1), sentence 3, reference is made to the relevant statements in number 5.5.
6.2 § 6 paragraph 1 sentence 2 is ultimately inoperative. There is only limited legal capacity for minors (Section 106 of the German Civil Code - BGB); Section 105 (2) BGB is not a case of limited legal capacity. However, due to the age restrictions stipulated by the law on weapons, precautions have already been taken to prevent people who are not yet sufficiently mature from handling weapons. Not to be confused with limited legal capacity are the institutes of supervision or the reservation of consent according to § 1903 BGB. However, depending on the individual case, this may be due to a lack of legal capacity. In these cases, the weapons authority should seek information from the Guardianship Court. If the documents of the guardianship court do not provide any clear statements with regard to the legal capacity, the procedure according to § 6 paragraph 2 is opened.
6.3 An official or specialist doctor or specialist psychological certificate must be submitted in the cases under Section 6 (2) if either facts are known that justify concerns about personal suitability (e.g. official determination of a blood alcohol concentration of at least 1.6 ‰ or repeatedly less than 1.6 ‰ in connection with a behavioral problem) or if there are justified doubts about the certificates provided. If the certificate is not presented within the deadline set by the weapons authority, personal suitability is deemed not to be proven.
6.4 Taking into account the exception in accordance with Section 6 (3) sentence 2 for firearms in accordance with Section 14 (1) sentence 2, expert opinions according to Section 6 (3) are necessary e.g. for
- responsible persons according to § 10 paragraph 2 sentence 3 who have not yet reached the age of 25;
- Gunsmiths who have not yet reached the age of 25 and who, as sport shooters, desire the private acquisition and possession of a sporting weapon;
- the granting of a WBK to sport shooters / biathletes under 25 years of age;
- the granting of a WBK for heirs, collectors, etc. under 25 years of age;
- the issuance of a Yellow WBK for persons under the age of 25, unless it should contain a content restriction stating that only the acquisition and possession of firearms within the meaning of Section 14 (1) sentence 2 is permitted (see number 14.1 (2) sentence 1 );
- the granting of an unrestricted weapon manufacturing or arms trading license to persons who have not yet reached the age of 25;
- consent to the release of firearms to employees of security companies in accordance with Section 28 (3) sentence 2, provided that they have not yet reached the age of 25.
Section 6 (3) does not apply to a hunter for whom Section 6 (3) according to Section 13 (2) sentence 1 does not apply, even if he wants to acquire a corresponding firearm in a different capacity (e.g. as a sports shooter) because of personal suitability a person can only be assessed uniformly in this respect.
The terms “certificate” and “expert opinion” are both used by legislators and regulators. It is crucial that the certificate of suitability to be submitted to the competent authority may only contain the results of the expert opinion required for a decision by the authority.
Both in the cases of paragraph 2 - this is the specific question of the authority - as well as paragraph 3 of § 6 - here the question of sufficient maturity arises by virtue of the legal provision - only the answers to the respective question. A strict distinction must be made here: The question according to Section 6 Paragraph 3 is about the examination of whether the applicant has the intellectual maturity that can be required of a person who wants to acquire and own a firearm, as specified in Section 14 Paragraph 1 Sentence 2 is not mentioned. It must be clearly distinguished from the examination of whether there are qualifying features according to Section 6 (2). As a rule, no exploration by the applicant is required, but a rather summary examination of whether there are indications that justify concerns about the required suitability. Further investigation (exploration) is only considered if there are justified concerns. It is necessary to make an evaluative statement as to whether or not a person is suitable.
In addition, information about the scope of the investigation and the method by which the report was drawn up is required. The certificate must also contain the confirmation according to § 4 paragraph 4 sentence 2 AWaffV that the reviewer was or is not in any treatment relationship with the appraised person and that the appraiser has obtained a personal impression of the appraised person according to § 4 paragraph 5 sentence 1 AWaffV ( Mandatory introduction).
The report itself remains with the appraiser and is stored in accordance with the professional regulations.
6.5 A certificate according to § 6 Paragraph 2 is only to be issued by doctors / psychologists of the disciplines named in § 4 Paragraph 2 AWaffV if questions of the assessment of intellectual aptitude are concerned at all; In cases in which only physical aptitude for shooting is doubtful (e.g. due to an eye or ear problem), reports from doctors in the relevant specialty can also be considered.
6.6 The examination of the weapons authority is limited in the cases of paragraph 2 as well as paragraph 3 of § 6 to the findings that the expert belongs to one of the legally prescribed or ordered disciplines, named the methodology of the expert opinion, the personal presentation of the to Reviewers who have assured the non-existence of a treatment relationship and issued a clear judgment on suitability or unsuitability. The required expertise according to § 4 paragraph 2 sentence 2 AWaffV as well as certain specialist qualifications as an expert in weapons matters are determined by the stipulations of the respective professional and professional organization; the same applies to the assessment standards and the recognized assessment methods including standardized or semi-standardized test procedures.
Until supplementary federal regulations are in place, the weapons authorities can, in connection with the last-mentioned requirements, basically assume, without further examination, that all members of the disciplines named in Section 4 (2) sentence 1 AWaffV have the qualifications required to assess issues relating to weapons law when they achieve the relevant specialist qualifications and that the test procedures used by these experts are also recognized test procedures within the meaning of Section 4 (5) sentence 3 AWaffV. A questioning of the adequate qualification of the specific expert appearing in an approved subject area or the rejection of a test procedure selected by him are therefore usually only necessary if there are specific doubts.
6.7 A lack of personal aptitude can also result from a lack of written and spoken German language skills required to handle weapons and ammunition and this deficiency is not compensated for in individual cases by auxiliary persons, e.g. the operations manager in a gunsmith's shop; This aspect applies primarily to permits for the permanent handling of weapons in Germany, but not to cases of temporary residence, e.g. to participate in a hunting or shooting sport (competition or training), traditional or collecting event.
6.8 Exceptions for gun carriers are regulated in Section 4 (7) AWaffV. The so-called “official bonus” is not to be applied to soldiers (Gre. BR-Drs. 415/03).
On § 7: Expertise
7.1 The scope of the required expertise and the examination procedure are regulated in §§ 1 and 2 AWaffV, other evidence of expertise is regulated in § 3 AWaffV. According to the old law, successfully passed examinations before a state examination board and other recognized certificates of competence continue to apply to the previous extent.
7.2 The hunter's examination and the examinations that are equivalent to the hunter's examination in Section 3 (1) number 1 letter a AWaffV, e.g. certificates that have been acquired as part of the study of forestry / science and that meet the requirements of a hunting license according to the Federal Hunting Act (BJagdG) or the examination in hunting and fishing at universities of applied sciences for forestry are sufficient.
Other training courses in accordance with Section 3 Paragraph 1 Number 2 Letter c AWaffV are all officially or state-recognized training courses which conclude with an examination and which, by their nature, are suitable for imparting the expertise required for handling the weapon or ammunition applied for (e.g. in Police service, usually not doing military service).
7.3 The imparting and testing of expertise (e.g. for non-organized sport shooters, the guarding trade, people at risk) can - depending on the application - relate to various combinations of firearms and ammunition types (short guns, long guns, signaling weapons) or to comprehensive expertise. The rule is likely to be a combination of handguns and long guns, unless the need only relates to one type of weapon.
Since the knowledge to be proven in the course of the proficiency test only has to be proven about the types of weapons and ammunition applied for and only for the purpose asserted with the need and the related purpose, it is sufficient if only knowledge of the types of firearms and ammunition is required specified by the test item. The types of firearms and ammunition (e.g. handguns, long guns, signal weapons with a cartridge chamber with a diameter of more than 12 mm) are to be determined by the examination board prior to the examination. The certificate of expertise must show the type and scope of the proven expertise (Section 2 (4) AWaffV). For this purpose, statements on the following points in particular are required: purpose of the examinee, scope of the expert test (types of weapons tested), statements on shooting skills.
The examination committees according to § 2 AWaffV base the examination on the catalog of questions issued by the Federal Office of Administration (BVA).
7.4 The test of shooting skills includes proof of the safe handling of the weapon and ammunition in connection with the firing of a shot; the proof of a certain hit level is also dependent on the purpose asserted with the need. Sport shooters do not have to achieve a certain hit level, but people who want to wield the weapon do. In the case of gun collectors who do not have an ammunition acquisition license (see also number 10.10), proof of shooting skills may be dispensed with.
7.5 The aforementioned principles apply accordingly to specialist training courses that are state-recognized in accordance with Section 3 (2) AWaffV.
7.5.1 According to Section 3 (3) AWaffV, the recognition of a specialist course requires that the knowledge required under Section 1 (1) numbers 1 to 3 AWaffV is imparted in a theoretical and a practical part.
Since the duration of the course must ensure proper placement, the minimum duration (without exam) is generally 16 full hours or 22 teaching units (45 minutes each). A shortfall can only be considered in exceptional cases, e.g. if a skill in shooting does not have to be proven. In contrast, with regard to the special requirements for license holders in the security industry, a course duration of 24 full-time hours (this corresponds to 32 teaching units) is a prerequisite. In the additional teaching time, in addition to the basic qualification, in-depth legal knowledge (in particular on self-defense, emergency) as well as special skills in shooting (in particular with handguns) must be imparted. The course with a final examination must be completed independently of the instruction and examination provided for in accordance with Section 34a of the Trade Regulations (GewO) in conjunction with the Guarding Ordinance (BewachV).
In order to check whether the course management and the teaching staff are suitable, the course plan with the names of the subject management and the teaching staff for the respective subject area must be submitted. Both the teaching staff and the course management must generally be knowledgeable, i. H. have passed their own comprehensive examination of their own proficiency or have completed an equivalent training or examination in accordance with Section 3 (1) AWaffV. However, the required qualifications of the individual teachers must also be assessed taking into account the subject to be taught according to the curriculum. For example, a legal qualification can also be considered suitable for instruction in gun law including self-defense / emergency, whereas a shooting instructor or shooting instructor can be considered suitable for the practical handling of guns.
“Required teaching aids” are both specialist literature and illustrative material (weapons, ammunition).
A classroom must be specifically named. A shooting range (proof of rental) must also be available for practical training and testing.
7.5.2 The examination committees to be formed in accordance with Section 3 (4) AWaffV are also based on the list of questions issued by the BVA. Until they are issued by the BVA, the examination documents are also the subject of the recognition procedure in accordance with Section 3 (2) AWaffV. The exam is divided into a theoretical and a practical part. The theoretical examination can contain an oral part. In the case of an examination using the multiple choice procedure, special attention must be paid to the degree of difficulty and the availability of different questionnaires; In particular, the questions must not be compiled in such a way that the correct answer can be found out through simple plausibility considerations, even without the relevant specialist knowledge.
7.5.3 State recognition applies nationwide in accordance with Section 3 (2), 2nd half-sentence AWaffV. Therefore, even in cases in which the course provider conducts specialist courses at different locations, no separate recognition is required. With regard to the examination of individual requirements (suitability of the classroom), however, it is usually advisable to involve the authority (s) responsible for the location of the course event.
7.5.4 The certificate of competence according to § 3 paragraph 4 sentence 3 in connection with § 2 paragraph 4 AWaffV must contain a statement about the approval of the course (approval authority, date and file number of the approval) in addition to the content listed in number 7.1.
7.6 Specialist courses from shooting associations and clubs that belong to a recognized shooting association are carried out using the questionnaire of the respective association approved by the Federal Office of Administration.In the case of Section 3 (5) AWaffV, they do not require any state recognition. Section 3 (5) AWaffV stipulates that the clubs can only conduct the proficiency test for their members; This does not preclude the fact that several clubs of a recognized association can form a joint examination committee. According to Section 3 (5) sentence 2 in conjunction with Section 4 (2) and Section 2 (4) AWaffV, the applicant is to be given a certificate about the examination result, which must indicate the type and scope of the acquired knowledge and must be signed by the chairman of the examination board ( Certificate of competence from the recognized association).
The expertise acquired as a marksman is not suitable for imparting expertise for the security industry or for people at risk.
To § 8: Need
As a general clause, § 8 regulates the need as a central element of gun law.
The reasons for a need specifically regulated in §§ 13 ff. Have priority over this standard standard. This does not rule out that in special individual cases the need to be measured against the requirements of § 8 also in the groups of people named there. This can be the case if a special regulation does not contain any or an incomplete statement with regard to the interests of use.
The interests in the use of weapons outlined in Section 8 by naming groups of people are not conclusive.
The need is concretized through specific interests and the suitability and necessity of the weapons and ammunition for this purpose.
8.1 A need to acquire firearms and ammunition can be recognized in accordance with Section 8 if there are personal or economic interests approved by the legal system.
Sport shooters in the sense of the regulation are basically people who belong to a club that belongs to a recognized shooting sports association (§ 15) (organized sport shooters). Persons who belong to a shooting sports club that is not a member of a recognized shooting sports association (non-organized sport shooters) can only assert a need according to § 8 in exceptional cases. A sports shooter is therefore not someone who, without being involved in the organizational and sporting framework (target practice, competitions) of a shooting club (member or guest), only shoots regularly as an individual shooter at a shooting range, even if he pretends to comply with an approved sports regulation.
The following case constellations outside of Section 14 can be considered:
8.1.1 The marksman is
- Member of a shooting association belonging to an association with legal capacity that is not recognized in accordance with Section 15,
- Member of a shooting club that does not belong to any association.
Shooting sports practitioners who are not members of a shooting sports club and international shooters are not sport shooters in the narrower sense.
In particular, freedom of association does not require the shooting sport practitioner who does not belong to a domestic shooting association to have their own weapons.
It should be noted that the term "sporting shooting" as the description of the activity of a sport shooter is also limited to shooting according to fixed rules of an approved sporting regulation within the meaning of § 8 number 1 according to § 15a paragraph 1 sentence 1. The practice of shooting sports therefore always requires approved sports regulations.
The practice of shooting sport is characterized by regular training and participation in competitions, or at least internal comparison shooting, in addition to popular sporting activities.
Persons who are active in sport in foreign shooting clubs can only refer to an unnamed personal interest within the meaning of § 8 number 1. It must be ensured that an extremely strict standard is to be applied in the relevant individual case assessment, in order to prevent domestic gun owners from resorting to non-regulated sport abroad. The same applies to people who shoot sportily without belonging to a shooting association in Germany, since regular training and participation in competitions can generally be called into question here.
Unorganized sport shooters may not be placed in a better position than sport shooters according to § 14. The restrictions according to § 14 paragraph 1 and 2 apply to them without restriction.
In contrast to Section 14 Paragraphs 2 to 4, it is not sufficient for the sport shooter to substantiate the need according to Section 8. Rather, the license applicant has to justify the need in individual cases and to submit evidence that can be fully checked by the weapons authority. In particular, regular activity as a marksman must be documented by means of proof of shooting and certificates from a shooting sports club. For the examination of the suitability and necessity of the weapon, detailed information on the discipline exercised and the submission of the shooting sport regulations and their approval are required. Furthermore, the submission of documents that provide information about the club and the shooting range used, as well as a statement about the competition is essential. Depending on the situation in the individual case, the weapons authority may request further suitable evidence.
When examining the necessity of acquiring and possessing the weapon, it must also be taken into account whether a weapon cannot be used elsewhere, e.g. the weapon of a club where the applicant practices shooting.
Recognition of a need comparable to the provisions of Section 14 (3) is not an option in the case of non-organized sport shooters as a deviation from the statutory rule. The issuing of a WBK according to Section 14 (4) is also excluded for this group of people.
If, after careful examination, the weapons authority comes to the recognition of a need to acquire and possess firearms for non-organized sport shooters, the permit must be provided with the condition that the sport marksman is obliged to immediately report the termination of his shooting activity to the competent weapons authority.
The obligation of the shooting sports club to inform the weapons authorities immediately that retired members results from § 15 paragraph 5.
8.1.2 Prerequisite for the issuance of an association WBK according to § 10 paragraph 2 sentence 2 is the proof of a need according to § 8. A need is to be recognized in principle for weapons that the association needs to equip the group of members who are still in the Exercise / trial phase according to § 14 paragraph 2 sentence 2 number 1 and for this reason cannot (yet) obtain its own weapons law permits / weapons. Furthermore, the equipment required for competitive sports can be taken into account. A reserve contingent for members, new members and a basic stock for weapons, which are intended for public events, can be acquired by the association. Otherwise, non-members may not be included in the needs analysis.
The number of club weapons to be granted to a club is based on the regulations in the statutes and the number of members of the club who are in the practice / trial phase and the shooting range capacities that can be used by the club in this context (available lanes, frequency of use, etc.). Taking these parameters into account, the association is granted a weapon contingent which, with extensive use of all association weapons contained therein, enables effective shooting in this area according to objective standards. When determining the number of club weapons, the long-term personal handover of individual weapons to (new) members should not be taken into account.
When determining the concrete composition of this contingent, in addition to the general requirements (admissibility according to the sports regulations), the interests of the club and (new) members in the options for using a certain range of weapons should be taken into account. However, the need must not be interpreted so broadly that it would completely cover all weapons or disciplines permitted by the sports regulations. The composition of the contingent should concentrate on a selection of weapons that can be used as widely as possible in the disciplines shot by the association.
8.1.3 The recognition of a need to acquire and possess firearms requiring a license in other than the example cases mentioned in § 8 number 1 can be considered in particular for
- shooting down or immobilizing game in the wild,
- adult persons in training to become a hunter,
- professional associations, school institutions and other organizations whose courses for imparting knowledge are state-recognized,
- bird or pest control by farmers, commercial fishermen or winegrowers,
- Mountaineers and water sports enthusiasts,
- Owners and charterers of seagoing ships,
- commercial shooting range operators.
Depending on the type of need, signal weapons that require a license can also be involved.
When operators of commercial shooting ranges recognize economic interests in the acquisition and possession of firearms, the type and number of weapons held should be limited in the interests of public safety and order. From the point of view of crime relevance, no weapons should be piled up there in large numbers.
8.1.4 For owners or charterers of ships and boats that are suitable and intended for trips seaward of the baseline (territorial sea, coastal waters and high seas), as well as for owners of ships and boats that mainly operate on large inland waters (e.g. Lake Constance) , a need for the acquisition and possession of signal pistols requiring a license with a cartridge chamber of more than 12 mm is considered to be proven if it has been demonstrated that the use of the weapons requiring a license is one-handed from the point of view of expediency (possibility of locking rescue lines, protection of the rig due to the higher initial speed of the ammunition) Operability) is preferable to the use of permit-free signaling devices in the event of a sea emergency.
8.1.5 For people who want to use the weapon outside of Germany, e.g. hunters and mainly working abroad and people who are particularly at risk there such as engineers, business people, development workers, the following applies to determine the need:
To prove the need, the applicant must provide meaningful statements from the German diplomatic mission in the relevant state or - if necessary, translated - from the diplomatic mission of the relevant state in the Federal Republic of Germany, from which it emerges beyond doubt that, taking into account the specific intended use against import, possession as well as the requisite carrying of the weapons applied for in the state by the applicant, there are no concerns and the specifically stated purpose for this can in principle also be realized there. In individual cases, the weapons authority can also recognize other documents with the same meaningfulness and, if the relevant requirements are met, the applicant may waive the need to provide evidence.
8.1.6 A need to purchase silencers or weapons with a built-in silencer can only be considered in exceptional cases (e.g. shooting game in the wild if it has been further proven that the use of a silencer is unavoidable).
On § 9: Content restrictions, ancillary provisions and orders
9.1 Licenses under the law on weapons can be restricted in terms of content, limited in time or subject to conditions in order to avert dangers to public safety and order (Section 9 Paragraph 1 in conjunction with Paragraph 2). Such measures give the possibility of taking into account the prohibition of excess through individual regulation with regard to a decision that is disadvantageous for the person concerned (denial or withdrawal of a legal position) and the prohibition of undersize with regard to a decision that is advantageous for the person concerned (granting a permit, special permit, etc.); Repetitions of legal regulations without individual modification are not ancillary provisions and should therefore be avoided in principle. Conceivable measures, which can also be pronounced retrospectively (Section 9 (1), sentence 2), are local or specific usage restrictions as well as special requirements for secure storage. Limitations come, among other things. to be considered for foreigners who are only staying in Germany temporarily, or if only a temporary need for the acquisition of the weapon can be proven.
9.2 The same purpose is pursued by the orders opened by Section 9 Paragraph 3 in the commercial area that is not permitted in itself.
9.3 In individual regulations (e.g. in Section 10, Paragraph 2, Clause 3, Paragraph 4, Clause 2 and 3), ancillary provisions are expressly provided for.
On § 10: Issuing permits to acquire, own, drive and shoot
10.1 Section 10 requires the following distinctions:
- the material permit as an administrative act (in paragraphs 1 and 3 the license to acquire and possess, in paragraph 4 the license to drive, in paragraph 5 the license to shoot),
- the embodiment of the respective license in a document (according to paragraph 1 in conjunction with paragraph 2 as well as according to paragraph 3 sentence 1 the WBK, according to paragraph 3 sentence 2 the ammunition acquisition license, according to paragraph 4 the gun license, according to paragraph 5 the (shooting) license) and
- bringing about the correspondence between the material permit and the permit certificate (the obligation to notify and present for the purpose of registration according to paragraph 1a, the obligation to notify the WBK according to § 10 paragraph 2 sentence 4).
The adoption of the provisions of the previous Paragraph 1 Clause 4 in the new Paragraph 1a clearly expresses the distinction between granting the material permit and ensuring the formal correctness of the permit. This distinction is important against the background that the notification and registration obligation does not apply if the acquisition is materially exempted from the authorization requirement, as is the case in Appendix 2, Section 2, Subsection 2, No. 2.
10.2 The material licensing requirement according to § 10 is based on Annex 2, Section 2, Subsection 1. It relates exclusively to firearms and objects treated as such and the ammunition intended for them, but not, for example, to cutting and thrusting weapons. According to the system of the paragraph sequence of § 2, the requirement for a permit is the rule for the aforementioned items (§ 2 paragraph 2). In accordance with Section 2 (3), there is a prohibition for individually named objects with the possibility of exemption pursuant to Section 40 (4). According to Section 2 (4), the principle of the permit requirement is relaxed or broken; The system of Annex 2, Section 2, is based on the respective types of interaction mentioned for the relaxation in subsection 2 and establishes an all-or-nothing rule depending on the type of treatment; in subsection 3, individual permit requirements are declared dispensable.
10.3 The holder of a license according to § 21 is only exempt from the license requirement according to § 10 to the extent covered by this license. For the employees of the holder of a permit according to Section 21, Section 12 Paragraph 1 Number 3 Letter a applies.
10.4 The WBK document the authorization for the acquisition and exercise of actual power over the weapons mentioned therein and at the same time serve as proof of authorization. If a license according to § 10 includes several weapons, a line must be used in the WBK for the entry of each individual weapon.
The WBK apply throughout the entire scope of the WaffG. A separate WBK will be issued for each weapon upon request. If several WBKs are issued for the same person, they must also be appropriately marked. On request, insert barrels and insert systems can also be entered in accordance with Appendix 1, Section 1, Subsection 1, Numbers 3.3 and 3.6.
10.5 The obligation to notify the acquisition immediately in certain cases (e.g. Section 37 Paragraph 1, Section 40 Paragraph 5) remains unaffected.
10.6 A joint WBK can be issued for firearms over which several persons exercise actual violence. In these cases, the requirements for the issuance of the WBK must be met by each of the entitled persons. A joint WBK can e.g. be issued for family members (father and daughter / son, married couple, community of heirs).
The WBK is to be issued to one person (authorized person); the other persons (other authorized persons) for whom this permit is also to apply must also be listed under "Official entries". The entry of further authorized persons can be made upon request both when the WBK is issued and afterwards.
10.7 A club WBK according to § 10 Paragraph 2 Clause 2 can be granted to a shooting sports club or a hunting association for firearms of the club or the association if it has the legal form of a legal person (e.g. registered association, but the organization as non-legal association or as a shooting performance (sport) group without legal personality). The club's membership in a recognized shooting sports association is usually not required.However, the prerequisite is that the shooting sport is practiced in accordance with the rules of an approved sporting regulation (see number 8.1).
10.7.1 The association's WBK according to § 10 Paragraph 2 Clause 2 is issued by the weapons authority responsible for the headquarters of the association in the form of a WBK and authorizes the responsible person (s) registered there to acquire and own the weapons listed there. When issuing a permit, the association must be advised of the advisability of naming several responsible persons (usually two to three) and of its obligations in accordance with Section 10, Paragraph 2, Clauses 4 and 5.
10.7.2 When submitting an application, the association must name one or more responsible person (s) and provide this person (s) with all of the information required for checking the weapons law. The affected persons are to be informed by the association about the naming and the necessity of the transmission and processing of the corresponding personal data; their consent must be documented. The application must be accompanied by a declaration by the named person that the results of the weapons check according to Section 4 (1) numbers 1 to 3 may be transmitted to the association.
The designation as a “responsible person” does not require that this person is an authorized representative of the association or a member or similar in a leading position in the association. acts; the designation of "simple" association members is also possible.
If the responsible person (s) are only to be named after the WBK has been issued, the WBK must be linked to the condition that the association of the weapons authority must name a responsible person for whom the Requirements according to § 4 paragraph 1 numbers 1 to 3 have been proven (see § 10 paragraph 2 sentence 3 clause 1).
10.7.3 The "responsible persons" must meet all requirements of § 4 Paragraph 1 Nos. 1 to 3. Section 4 (3) also applies. If the responsible person has not yet reached the age of 25 and if the permit should not only include weapons according to § 14 paragraph 1 sentence 2, the association must provide an expert opinion according to § 6 paragraph 3 on the mental aptitude of the person or proof that a such an opinion has been provided in a different context.
If a responsible person is not habitually resident in the district of the weapons authority responsible for the headquarters of the association, this authority must obtain an opinion from the weapons authority responsible for the habitual residence of the person on reliability and suitability as part of its inspections. The weapons authority responsible for them must be informed of the nomination as the responsible person.
10.7.4 Shooting clubs and hunting associations as legal entities can be granted a license to operate a shooting range in accordance with Section 27 (1). Here, too, a responsible person must be named who then has to assume the operator obligations (see Section 10 AWaffV). Otherwise, number 10.7.2 applies accordingly.
10.8 If another association wishes to acquire firearms, then - unlike in the special regulation in Section 10 (2) sentence 2 - the WBK for legal persons must be issued to a person authorized by an authorized representative and who fulfills all the relevant weapons law permit requirements as the permit holder. When changing the authorized representative in whose name the WBK has been issued, a new WBK must be issued in the name of the successor who fulfills all the relevant weapons law permit requirements as the permit holder. Number 8.1.2 applies accordingly to the number of weapons that can be acquired in this way.
10.9 The competent authority must enter the following information in the WBK:
10.9.1 Name, birthday and place of birth of the holder;
10.9.2 serial number, specific designation of the ammunition or - if such information is not possible - the caliber, type of firearm and serial number.
In the WBK, the type of weapon to be acquired or acquired must be determined as precisely as possible.
Long guns can essentially be defined as follows:
- Single shot: e.g. single shot rifle, single shotgun;
- Repeater weapons: Repeater weapons with smooth barrels (e.g. forearm repeater, lever action rifle);
- Repeater rifles with rifled barrels (e.g. forearm repeater rifle, lever action rifle);
- Semi-automatic: e.g. semi-automatic rifle, semi-automatic shotgun.
Handguns can basically be differentiated as follows:
- Revolver: e.g. double-action or single-action revolver, muzzle-loading revolver;
- Pistol: e.g. single-shot pistol, semi-automatic pistol, signal pistol.
Other firearms that require a permit and items equivalent to them, such as certain compressed air weapons, spring pressure weapons, alarm weapons, irritant weapons and signal weapons, percussion weapons.
10.9.3 The day and place of the exhibition must be entered in the WBK.
Identification features of weapons that can only be determined after the acquisition process has been completed (e.g. manufacturer and model designation, serial number) are entered by the weapons authority responsible for the acquirer, stating the release date, in cases in which the acquirer is not a license holder according to § 21. If the WBK is presented to this weapons authority for the registration of the acquisition without having been informed of this by the weapons authority responsible for the surrender, the weapons authority responsible for the purchaser in turn notifies the weapons authority of the surrender.
The surrendering party notifies the weapons authority responsible for him as to whom the weapon has been surrendered to. The handed over weapon is carried over by this authority, which immediately informs the weapons authority responsible for the acquirer about the procedure of the surrender. Lines and columns that are not required during an entry process must not be made invalid.
10.10 As a form of granting authorization to acquire and possess ammunition for firearms already registered there, section 10 (3) sentence 1 provides for official entry / stamping in the WBK (column 7). The authorization granted in this way extends beyond the ammunition specifically specified in column 3 of the WBK (e.g. .357 Magnum) to all ammunition variants also permitted for the weapon in question (same caliber; same or lower gas pressure ..., in the example also Ammunition .38 special or .38 special toilet). In this respect, the weapons authorities are entitled, within the framework of the relevant issuing procedures, to assume that there is a need under the law on weapons for the ammunition variants that are also permitted with regard to the weapon in question; the content of the granted authorization should only be restricted in exceptional cases and only then; if with regard to individual specific ammunition variants under every conceivable point of view a possible use can be unequivocally excluded.
10.11 As long as no new national forms for permits under the law on weapons have been introduced, the forms that can be obtained from the Federal Printing Office must be used and adapted if necessary.
10.12 If a WBK becomes confusing, illegible or if it is lost, a new one must be issued with the date of the first copy, which is to be marked as a replacement copy. If necessary, the first copy must be withdrawn or canceled.
10.13 If a found firearm is entered in the WBK for a finder in accordance with Section 973 of the German Civil Code (BGB) who is also the owner of a WBK, "Fund" is to be entered in column 9 of the WBK.
10.14 Ammunition purchase license (Section 10, Paragraph 3, Clause 2)
An ammunition purchase license can be considered, for example, for ammunition collectors, ammunition experts and owners of plug-in systems that are not registered in the WBK.
10.14.1 The official designation of the ammunition must be given in the ammunition purchase certificate, unless the license is granted for ammunition of any kind. When issuing a license to acquire ammunition in accordance with Section 10 (3) sentence 2, the applicant must state the desired caliber. A restriction of the permit to a certain caliber should only take place if a further need can be excluded.
A quantitative restriction is only to be provided for ammunition collectors; the permit is generally to be restricted to types of ammunition in their smallest packaging unit. The ammunition acquisition license is valid in the entire area of application of the WaffG. Prohibited ammunition in accordance with Appendix 2, Section 1, numbers 1.5.1 to 1.5.7 may not be purchased unless there is an additional special permit for prohibited ammunition in accordance with Section 40.
10.14.2 No ammunition acquisition or possession permit (WBK or ammunition acquisition license) is required, in particular for the acquisition and possession of
10.14.2.1 Ammunition in the cases of Section 12 (2),
10.14.2.2 Ammunition by the holder of a certificate in accordance with Section 55 (2) for the ammunition entered in this certificate,
10.14.2.3 Ammunition by the holder of a valid annual or daily hunting license for long weapons in accordance with Section 13 (1),
10.14.2.4 Cartridge and cartridge ammunition intended for firearms, the acquisition and possession of which does not require a license according to their type (e.g. Appendix 2, Section 2, Subsection 2, Number 1.4),
10.14.2.5 Pyrotechnic ammunition according to Appendix 2, Section 2, Subsection 2, Number 1.12.
10.14.3 The license for the non-commercial loading of ammunition within the meaning of the Explosives Act (SprengG) is considered to be a license to acquire and possess the ammunition produced in this way (Section 27 (1a) of the SprengG).
- Section 10 Paragraph 3 Sentences 3 and 4
For (non-commercial) reloaders, the ammunition purchase license is replaced by the corresponding approval under the law on explosives to load ammunition.
10.15 Gun license (Section 10, Paragraph 4, Clause 1)
10.15.1 Special features of issuing a gun license:
10.15.1.1 The firearm must be precisely identified in the firearms license with the information according to number 10.9. Several firearms can be entered in one gun license. Number 10.4 applies accordingly. The firearms license can also be linked to conditions, in particular regarding the manner in which the firearm is used.
10.15.1.2 In the cases of § 28, the gun license is issued to the company's representative, d. H. the entrepreneur himself or a person appointed by the management. The content of the gun license must be restricted in accordance with Section 28 Paragraph 2 Clause 1. In the addition according to Section 28 (4), the security guards are to be named by name or function. Under certain circumstances it can be useful to issue a gun license for each weapon. Security guards can be issued an informal certificate stating that they are entitled to use a weapon for the duration of its validity on the basis of a gun license in accordance with Section 28. The certificate must contain the following information: exact personal details, name of the security company, area of responsibility and any restrictions resulting from this.
The gun license is to be issued in accordance with § 14 Guarding Ordinance with the condition that the license holder must ensure that the release of the gun is recorded in writing according to the time and person.
After the license holder has given the names of the employees who are to carry firearms, the authority checks their reliability, expertise and personal suitability. With regard to the employment entitlement of these employees, Section 12 Paragraph 1 Number 3 Letter a applies.
10.15.1.3 In cases of doubt, the authority must ensure that the applicant is authorized to exercise actual violence over the firearm he wishes to use. If necessary, Section 39 (3) shall apply.
10.15.2 Issuance is only possible if the need of the gun license holder, which usually arises from § 19 and / or § 28, is aimed at having the gun ready to fire and accessible outside of the pacified possession. The refusal of the gun license due to unreliability or lack of personal suitability must be reported to the Federal Central Register in accordance with number 4.2 as soon as the decision is enforceable or no longer contestable (Section 10 (1) number 3 BZRG).
10.15.3 When the firearms license is extended, all conditions for issuing a gun must be checked again.
10.15.4 The Small gun license is a firearms license of its own kind. This is expressed in Section 10, Paragraph 4, Clause 4, which - due to the differences in the requirements for issuing a weapon (which, in the case of the small weapons license according to Appendix 2, Section 2, Subsection 3 Number 2.1, relate to the age requirement, reliability and personal Restrict suitability), but also the legal provisions applicable to alarm, irritant and signal weapons in comparison to "live" firearms - should be read in such a way that the provisions of Section 10 (4) sentences 2 and 3 do not apply or only apply in modified form.
The small gun license is - in contrast to § 10 paragraph 4 sentences 2 and 3
- for the class of alarm weapons, irritant and signal weapons with the mark of the Physikalisch-Technische Bundesanstalt (PTB),
- without express restriction to specific occasions or areas
granted. The ban on carrying weapons at public events in accordance with Section 42 (1) remains unaffected; for the granting of the necessary exemptions, the requirements set out in Section 42 (2) also apply without restriction with regard to alarm weapons, irritant weapons and signal weapons.
The small gun license only applies to alarm weapons, irritant weapons and signal weapons that bear the circular approval mark of PTB and therefore do not require a permit to be acquired and owned (Appendix 2, Section 2, Subsection 2, Number 1.3). For other alarm guns, irritant and signal weapons, only the issue of a general gun license is possible if the respective requirements are met.
10.16 Permission to shoot (Section 10 (5))
10.16.1 As with the issuing of gun licenses, proof of the mandatory liability insurance must also be requested when issuing permits under Section 10 (5) (Section 4 (1) number 5).
10.16.2 A need for combating pests comes into consideration if the use of a weapon is a suitable means of combating the respective animal species (e.g. scaring off birds in the fishing industry and in fruit growing or viticulture outside of Section 12 (4)). Further reasons for need can be in the area of customs and when shooting game animals or other wild animal species. The regulations of the Animal Welfare Slaughter Ordinance and the Meat Hygiene Act, the hunting and nature conservation regulations as well as other regulations remain unaffected. The permit is granted by notification of the weapons authority under the conditions necessary to safeguard the interests of public safety and order.
On § 11: Acquisition and possession of firearms or ammunition with reference to another member state of the European Union
11.1 Section 11 is based on Article 7 Paragraph 1 Clause 2 of the EC Weapons Directive. According to this, a person who has their habitual residence in another member state also needs to acquire a weapon in accordance with Annex 1 Section 3 Number 2 (Category B) or ammunition intended for this purpose in addition to the weapons law permit of the member state in which the acquisition is to take place the prior consent of their home state. In this case, the acquisition of the firearm is subject to the licensing requirement of both the country of residence and the state in which the weapon is acquired.
The acquisition of weapons in accordance with Annex 1, Section 3, numbers 1 to 3 (categories A to C) or of ammunition intended for them is, in the cases mentioned, additionally dependent on a permit to bring the objects to the other EU member state or on the declaration, that and for what reasons the objects are not brought to the home country, but should remain in the EU member state in which the acquisition takes place (Article 9 (1) of the EC Weapons Directive).
The aforementioned regulations also include nationals of third countries who have their habitual residence in an EU member state.
A person has their habitual residence at the place where they are permanently or not only temporarily for personal or professional reasons; the principles of administrative procedural law apply.
11.2 Section 11 (1) covers nationals of another EU member state, but also other persons who have their habitual residence in another EU member state, and basically supplements the general permit requirements of Section 4 (1).
Acquisition and possession of weapons or ammunition listed in Section 11 (1), sentence 1, requires - in addition to the general provisions - either a permit to bring the objects to the other Member State (Section 31 (1)) or - with reasons given - the written declaration in advance that you only want to own them in Germany.
The person who has taken the weapons or ammunition himself in accordance with the provisions of the Weapons Act then takes them in himself or arranges to do so.
In the case of self-assessment, the prerequisites listed in Section 4 Paragraph 1 Numbers 1 to 4 for permission to bring the objects to the other EU member state can be substantiated as follows:
The necessary age requirement of 18 years according to § 4 paragraph 1 number 1 can be made credible by means of an official identification document with a German translation if necessary.
The required reliability, personal suitability and sufficient expertise can be made credible by meaningful official communications from the home country with a German translation.
The need can be recognized if the requirements according to § 8 are met. It should be noted that if the applicant is brought to another EU member state immediately, the personal or economic interests of the applicant are more important than if they are long-term ownership within the scope of the Weapons Act. In these cases, the regulation in Section 4 (2) does not apply.
The European firearms pass replaces the relevant evidence of minimum age, reliability, personal suitability and expertise.
In the case of self-assessment, the permit should only be granted for a limited period.
If there is a case of Section 11 Paragraph 1 Clause 1 Number 2, the simplifications for substantiating the requirements of Section 4 Paragraph 1 Nos. 1 to 4 do not apply, as is the case with self-assessment.
In the case of weapons in accordance with Annex 1, Section 3, Number 2 (Category B) and ammunition intended for them, the prior consent of the other EU member state is also required (Section 11, Paragraph 1, Sentence 2).
11.3 Section 11 (2) mainly covers German citizens - but also other persons who have their habitual residence in Germany - who acquire a weapon in accordance with Annex 1 Section 3 Number 2 (Category B) or ammunition for them in another EU Member State and want to exercise actual power over these weapons or ammunition there. The acquisition can also be done with the aim of bringing it to Germany by self-help.
The permit required by the German authorities (in accordance with Article 7 of the EC Weapons Directive) within the EU takes place in accordance with Section 28 AWaffV as (prior) consent by means of a permit and on the basis of the information given there.
The prerequisite for the permit is that the applicant is reliable and personally suitable (Section 4 (1) number 2 in conjunction with Sections 5 and 6).
The consent in accordance with Section 11 (2) must be separated from any additional consent required to bring the weapons or ammunition in accordance with Section 29.
11.4 The surrender of weapons in accordance with Annex 1, Section 3, numbers 1 to 3 (categories A to C) or of ammunition intended for this purpose to persons habitually resident in another EU member state and the possession of these objects by such persons must be reported to the EU member state in which this person has their habitual residence. For this purpose, the Federal Criminal Police Office transmits information received from another EU member state to the competent authority (Section 32 (2) No. 2 AWaffV) and, on the other hand, to the relevant information that was reported to it on the basis of Section 34 (4) Bodies of the other EU member state (Section 32 (2) number 1 AWaffV).
On § 12: Exceptions to the permit requirements
12.1 Re Section 12 Paragraph 1:
12.1.1 The exemption according to number 1 from the permit requirement is only granted to owners of WBK or to these equally to be respected purchase and ownership permits. Examples of this are: Weapons trading permits for weapons that require a permit, valid daily or annual hunting licenses, replacement certificates in accordance with Section 55 (2).
If the weapon is to be carried without a permit (Section 12 (3)), the name of the person making the handover, the name of the person entitled to possession in accordance with Section 12 (1) number 1 and the date of surrender must be recorded in a document (cf. e).
It is recommended to issue this certificate in any case of handing over.
184.108.40.206 With number 1 letter a, the temporary loan of firearms, especially among sport shooters and hunters, is placed on a clear legal basis as harmless for reasons of public safety. The limitation of one month is intended to prevent firearms from being ramshackled - especially long-term loans. A permit from the weapons authorities is required for a longer loan.
The exemption is limited to the needs of the borrower; According to this regulation, sport shooters are not allowed to borrow weapons that are excluded under Section 6 AWaffV, and hunters are not allowed to borrow weapons that are prohibited by hunting law. This restriction is intended to ensure that those who are released from a license to acquire and possess the weapon do not misuse the weapon in relation to the recognized need.
For reasons of legal clarity, the legislature has considered it necessary to expressly allow the use of the purpose covered by the need in the provisions of Section 12 - as here in paragraph 1 number 1 letter a. This is intended to allow activities that are part of the use of the weapon and that are therefore also part of the need. For example, a marksman will be able to check someone else's sporting weapon with instructions at home to see whether it is cheap to purchase as a marksman. However, non-needs (in the sense of changing or changing needs) is not permitted (e.g. the activity as a "doorman" in a discotheque by a marksman with his sporting weapon). Guns that were acquired as a collector, for example, may also be taken to a shooting range for shooting. Because even collectors are sometimes interested in testing the shooting behavior of their weapons, because it is a traffic-related and value-determining property.
Pay attention to the entries in the WBK of the lender and the borrower.
220.127.116.11 The acquisition according to § 12 paragraph 1 number 1 letter b is only permitted for the purpose of temporary safe custody (e.g. vacation or work-related absence) or non-commercial transport to an authorized person.
In contrast to number 2, the group of people taking over the weapon is also limited here to the owner of a WBK or an acquisition and ownership permit that must be respected. The period of time that can be regarded as temporary with regard to custody is assessed according to the circumstances of the individual case (e.g. length of absence due to vacation, illness). The end - in particular the storage period - must, however, be determined in advance or at least be foreseeable.
12.1.2 Paragraph 1 Number 2 takes into account the needs of commercial transport and storage and includes persons in the exemption from the license requirement who - without being the holder of a license according to Section 21 Paragraph 1 - beautify weapons commercially, e.g. blacken, nickel or decorate with engravings; the exemption only occurs if the weapons are surrendered by an authorized person and only temporarily (see number 18.104.22.168), whereby the period of one month in number 1 letter a does not apply. The obligations of Section 36 for the safe storage of weapons also apply to those persons who, using Section 12 (1) number 2, commercially transport or store weapons or ammunition.
If the weapon is to be carried without a permit for the purpose of transport (Section 12 (3)), the name of the person surrendering the weapon, the name of the person entitled to possession according to Section 12 (1) number 2 and the date of surrender must be recorded in a document (cf. 38 sentence 1 number 1 letter e). It is recommended to issue this certificate in any case of handing over.
The following provisions apply to domestic commercial transport.
The quantities given relate to the shipments handed over to the carrier by the sender.
The transport of weapons in the following quantities:
- 20 to 99 category A firearms
- 20 to 249 firearms of categories B to D requiring a license
is permitted if the following security measures are guaranteed:
- The packaging must not contain any visible indications of the nature of the goods.
- The packaging must be designed in such a way that unintentional opening is prevented.
- The packaging must be provided with a label or something similar, by means of which opening can be recognized.
- The shipping company must ensure that the goods can be traced back at all times.
12.1.3 The applicability of the exemption rules in paragraph 1 number 3 presupposes that the specific scope of the powers granted by the instructions of the person entitled is clearly recognizable and verifiable. In the case of contractual instructions, the provisions of the respective contract are sufficient, as are the declarations of the authorized person, which - if the authorized person has no immediate and timely influence on the person subject to instructions, e.g. because of the geographical distance - must be carried in writing by the person dependent on instructions.
The authorized person may only grant the person who is subject to instructions those powers that are necessary to carry out specific tasks.
Overall, it can be assumed that there will be a time-off linked to specific tasks.
22.214.171.124 The case group paragraph 1 number 3 letter a also includes examinations as part of or as the completion of training.
According to letter b, custodians who are not holders of a gun license themselves can transport firearms for their wards (underage hunters / persons in training to become hunters and sport shooters) on behalf of the shooting club or the hunting association if the other conditions of the offense of § 12 Paragraph 1 number 3 letter b are present.
126.96.36.199 The handing over of club weapons by shooting clubs to new members for the entire duration of the first year after joining the club is not permitted under paragraph 1 number 3 letter b (prohibition of circumvention of section 14 paragraph 2 sentence 2 number 1).
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