What do you think are legal gun laws
Answers to questions about the new gun law
The amended Weapons Act came into force on July 6, 2017. The amendment to the Weapons Act mainly includes changes to storage for hunters. Cabinets of level A and B according to the VDMA design description are no longer permitted for new purchases for storing weapons that require a permit. Unrestricted grandfathering applies to A and B cabinets that have already been registered. Newly acquired standard cabinets must now have level 0 or 1, which at least corresponds to the DIN / EN 1143-1 standard. The DJV spoke to Frank Göpper, Managing Director of the Arms Law Forum, about the details of the amended Weapons Act and took up questions from hunters.
How quickly does a weapon have to be reported to the authorities after purchase in accordance with Section 13 WaffG?
Hunters must report the acquisition of a weapon - regardless of whether it is a hunting license or a weapon possession card (WBK) - to the authorities within two weeks.
What changes are there for the storage of firearms?
The purchase of new cabinets of level A and B according to the VDMA design description for the storage of firearms that require a permit - including hunting weapons - is no longer permitted from July 6, 2017. From then on, hunters can only register gun safes with the authorities for the storage of their firearms that comply at least with the DIN / EN 1143-1 standard, resistance grade 0.
For gun cabinets from level 0 and higher, the following still applies: Guns and ammunition do not have to be stored separately. The legislature has now made it clear that weapons may only be stored unloaded, a reaction to the case law of the Federal Administrative Court.
How should ammunition be stored at home and in which container?
The minimum storage standard for ammunition requiring a permit is and remains the sheet steel container (metal cassette) with a swivel bolt lock.
How do I have to store weapons and ammunition in a class 0 or 1 cupboard?
From a weight of 200 kilograms, unlimited long guns, up to 10 short guns and ammunition can be stored in a class 0 cupboard in accordance with DIN / EN 1143-1. Unlimited long guns and up to 5 short guns, as well as ammunition, may be stored in class 0 guns weighing less than 200 kilograms in accordance with DIN / EN 1143-1. An unlimited number of handguns and long guns can be stored in a class I and higher cupboard, regardless of weight. A separation of ammunition and weapons is generally not necessary in a class 0 cabinet in accordance with DIN / EN 1143-1.
I have a class 0 weapons locker. There is only one mounting option in the bottom of the locker. I cannot use this without damaging the insulation. The gun cabinet is free without any attachment. Is this allowed?
A further anchoring of a class 0 cabinet according to DIN / EN 1143-1 is not required by law, regardless of its weight.
What happens to A and B cabinets that were acquired and registered by the authorities before the new Weapons Act came into force?
The grandfathering applies to A and B cabinets. They can still be used without restriction. The current owner can also buy additional weapons and store them in the existing cupboards. If the locker is full according to the legal regulations, at least one level 0 locker must be purchased when buying a new one.
The following storage capacities apply to cabinets with grandfathering: Up to 10 long guns can be stored in the A cabinet. There is no limit to long guns in the B cabinet. A B-cabinet weighing less than 200 kilograms may also contain 5 handguns, and 10 handguns above 200 kilograms. If the B-cabinet weighs less than 200 kilograms but is firmly anchored, it can also contain 10 handguns.
Can I still purchase a used A or B cabinet that has been registered with the weapons authorities to store my weapons that require a permit?
Preservation of ownership for A and B cabinets in accordance with VDMA 24992 applies to the "maintenance of previous use" and generally not when passed on to other owners. Such an acquisition would therefore not be suitable for storing weapons.
How exactly is it now with the inheritance of weapon safes of classes A and B?
Weapon cabinets of classes A and B according to VDMA 24992 may not be inherited for the storage of weapons and then not (further) used by the heir (s) for the storage of weapons.
Can a family member who passes their hunting license next year and gets their first guns keep them in the existing legal A or B cabinet?
Yes, it is allowed. Joint storage in the same household is permitted if A and B cabinets are still used, and even if the current owner dies, the future co-keepers may continue to use the cabinet.
What do I have to do if the gun safe was in my possession and used before July 6, 2017, but has not yet been registered with the authorities?
In principle, the gun safes that have been legally used up to now are grandfathered. If possible, you should keep receipts (e.g. purchase receipt) so that, in case of doubt, you can prove that you have legally used the cabinet in question before July 6, 2017. Another possibility is to report this to the authorities.
What should be considered in existing weapon rooms?
There are no changes. An existing, officially approved weapon room remains valid.
What happens if I store guns incorrectly?
There are no changes. If weapons are inadmissibly stored and this creates the risk of their being lost, this is a criminal offense - in the case of intent. This can still be punished with a prison sentence of up to three years. For example, if someone has several handguns that are properly stored, but keeps a handgun in their closet for self-defense, this is intentionally improper storage.
The negligent storage is not a criminal offense, but only an administrative offense. But: Anyone who stores their weapons and ammunition incorrectly risks losing their reliability in terms of weapons law.
What happens if I forget a cartridge in my jacket pocket?
The negligent storage of ammunition in a jacket pocket is not a criminal offense, but in individual cases this negligence can also lead to unreliability in terms of weapons law.
What about the storage of ammunition and weapons in the hunting lodge?
The previous section 13 (6) of the General Weapons Act (AWaffV) will remain unchanged from section 13 (4) AWaffV: “In a building that is not permanently inhabited, only up to three long guns, which require a permit, may be kept . The storage may only take place in a security container corresponding at least to the standard DIN / EN 1143-1 resistance grade I. The competent authority can, upon request, permit deviations with regard to the type or number of stored weapons or the security container. ”So nothing changes there.
What happens if weapons and ammunition are stolen in the hunting lodge during the night when everyone is asleep?
If weapons or ammunition are lost, the competent authority must be informed immediately (as soon as possible) in accordance with Section 37 (2) WaffG. Late reports mean an administrative offense.
What should you watch out for when you stay overnight in the hunting lodge with regard to storing weapons and ammunition (there is usually no gun cabinet)?
No general statement can be made here; the former section 13 (11) AWaffV applies, which is now largely unchanged to (9). Only instead of “Paragraphs 1 to 8” will in future be “Paragraphs 1 and 2”: “For the temporary storage of weapons within the meaning of Paragraph 1 Clause 1 or Paragraph 2 or of ammunition outside the home, in particular in connection with hunting or sport shooting, the obligated party has to keep the weapons or ammunition under appropriate supervision or to secure them by other necessary precautions against loss or unauthorized viewing, if the storage is not possible according to the requirements of paragraphs 1 to 8. "
The focus is therefore on “appropriate supervision”: Depending on the situation, everything must be done that is sensibly possible. In this context, the "use of essential parts" could help (see question "To what extent can I use essential parts of a weapon without a permit?")
What changes will be made for the storage of edged weapons and weapons that do not require a license?
There will be no changes for edged weapons and other weapons that do not require a license, such as air rifles. However, the legislature makes it clearer than before that free weapons must also be protected from unauthorized access and stored accordingly. Storage should at least take place in a lockable wooden cupboard or a lockable room - such as the broom closet. A lockable wall device - for example for a rapier or sword - is also suitable. A crossbow must be stored locked, a bow, on the other hand, is not a weapon according to gun law. Gas and signal weapons must also be stored locked and unloaded.
Are there any changes regarding the transport of weapons?
There are no changes regarding the transport of weapons. The following still applies: On the way to the hunting area, the weapon must not be held ready to fire (unloaded). During transport - for example to the gunsmith or to the shooting range - the weapon must be neither ready to fire nor accessible and must be in a locked container. The following rule applies to "not accessible": The weapon must not be brought to the stop immediately, i.e. with three movements in three seconds. A separate lock on the gun case is generally recommended for transport.
In the case of short-term storage of the weapon - for example in a hotel or restaurant - an essential part of the weapon, such as the lock or the fore-end, can in future be carried without a permit. The advantages: If the weapon is lost, it cannot be fired. Potential thieves may also be directly deterred by an incomplete weapon.
How are weapons and ammunition transported to the shooting range?
Weapons and ammunition may only be transported to the shooting range “not ready to fire” (weapons must be unloaded) and “not accessible”. Weapons and ammunition, for example in a locked container, are not accessible.
How are weapons and ammunition transported for hunting? What exactly do you have to consider?
On the way to the hunting ground, there is no obligation to keep the weapons “not readily accessible”, that is, to transport them in a locked container. The weapons just have to be unloaded. There are no further regulations for the transport of ammunition.
How is ammunition and powder for reloaders transported home from the gunsmith?
For private use, the following total quantities can be transported in a car (not per person) without meeting the requirements for dangerous goods transport: 3 kilograms of black powder or 50 kilograms of ammunition (gross weight). The transport must take place in "commercial" packaging.
What if I order ammunition from a dealer and it is then delivered by DHL (or similar). Am I responsible for irregularities in the transport?
The consignor is responsible for the proper transport of weapons and ammunition in accordance with Section 34 (1), p. 3 and 4: If they are made available for commercial transport, proper transport must be ensured and precautions must be taken to prevent them from being lost. For commercial purposes, ammunition may only be left in closed packages.
To what extent can I use essential parts of a weapon without a permit?
When staying in hotels or inns, an essential part of the weapon, such as the lock, can be wielded without permission. If the weapon were lost, it would not be complete and therefore not ready for use. The aim is that a thief may be more likely to leave a non-firable weapon behind.
What are the new bans on possession?
There is a new ban on possession of projectiles with tracer, explosive and incendiary devices and hard cores. So far, only the corresponding ammunition has been prohibited. These are not relevant for hunters, at most for collectors. Hard core bullets are bullets with a Brinell hardness over 400 HB. In possession of the above-mentioned bullets and ammunition, the legal weapon owner risks losing his legal weapons reliability.
What exactly does the new amnesty regulation for illegal weapons look like?
As of July 6, 2017, prohibited items - such as hard core bullets - and weapons that are not legally owned can be handed in to the responsible authorities for one year. War weapons and ammunition, such as grenade launchers or grenade launcher ammunition, are excluded from the amnesty.
In which cases is it necessary to inquire about the protection of the constitution before granting a gun permit?
It is not absolutely necessary. Only in the case of persons who are known to the Office for the Protection of the Constitution as a threat will the data of the national weapons register be double-checked and then the weapons or hunting authorities will be informed.
|Further information on the Gun Law Forum:|
The Gun Law Forum has set itself the goal of defending legal gun ownership as a whole. The point is to help shape national and international laws that contain the necessary regulations for internal security without unnecessarily restricting legal gun owners. Members are associations, companies and individuals. Become a member now: ww.fwr.de/trägerschaft/aufnahmeantraege/
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