The entry into force of the 3rd WaffRÄndG also affects hunters, sport shooters and persons with firearms licenses. We have summarized some of the key points here:
- In future, the need to possess weapons will be checked by the authorities every five years
- Certain large magazines will become prohibited items in future
- The weapons authority will in future have to ask the Office for the Protection of the Constitution whether the person in question is known there as an extremist as part of the background check (so-called “regular query”).
- “In future, persons who are members of an anti-constitutional association (even if it is not banned) will generally be considered unreliable under weapons law
- The National Weapons Register will be expanded so that the entire life cycle of a weapon - from manufacture to destruction - can be tracked by the authorities in future
- The federal states will be authorized to set up gun and knife ban zones in busy places and educational institutions
In future, dealers and manufacturers will have to electronically report the handling of firearms and essential weapon parts (e.g. manufacture, processing, acquisition and transfer) so that this data can be recorded in the National Weapons Register. The aim is to enable the security authorities to fully trace the life cycle of weapons. In return, the obligation to keep weapons registers will be abolished. Furthermore, there will be exemptions from the obligation to notify in certain cases of short-term transfer or acquisition, such as for carrying out repairs. In these cases, it will be sufficient for the dealer or manufacturer to document the acquisition or transfer in writing.
In addition, the list of essential weapon parts and the marking obligations will be extended due to the amended European legal requirements.
In future, the firearms authority will check every five years whether the need to possess firearms still exists.
The proof of need for sport shooters will be made easier: in future, proof of shooting will only have to be provided for the first two repeat tests of the need - i.e. after five or ten years. In addition, the shooting certificates will no longer be based on each individual weapon, but only on the weapon category (short or long gun).
In addition, only one shooting date per quarter or six shooting dates per 12-month period must be proven for each weapon category in the 24 months prior to the check. As up to 18 shooting dates per weapon and year are currently required by the authorities and case law in some cases, this means a considerable relief for shooters.
Another significant relief for sport shooters:
If more than ten years have passed since the permit was first issued, a membership certificate from the shooting sports club is sufficient to prove the continued existence of the need.
The regulations on proof of need when purchasing weapons remain unchanged.
The number of weapons to be purchased on the so-called "yellow WBK" is limited to ten in order to prevent the hoarding of weapons. However, sport shooters who have already acquired more than ten weapons on the yellow WBK will be grandfathered.
Nothing will change for hunters with regard to proof of need; as before, it will be sufficient to present a valid hunting license.
Magazines for long guns with a capacity of more than ten rounds and for handguns with a capacity of more than 20 rounds will be banned in future. Magazines that fit both long and short weapons will be considered magazines for short weapons, unless the owner also has a suitable long weapon.
Persons who acquired the affected magazines before June 13, 2017 may keep them if they report their possession to their competent firearms authority before one year has passed since the change in the law came into force.
Sports shooters who can prove that they need the large magazines in question to take part in certain shooting competitions abroad can continue to use them in future with an exemption permit from the Federal Criminal Police Office in accordance with Section 40 (4) of the Weapons Act.
In future, hunters will be able to purchase and possess silencers, which are important for hearing protection, without a separate permit under firearms law.
In addition, the existing ban on the use of night-vision attachments under firearms law will be lifted. Prohibitions and restrictions on the use of this technology under hunting law remain unaffected.
The federal states will be authorized to issue statutory regulations to prohibit the carrying of weapons and dangerous knives in certain crowded places (e.g. pedestrian zones, public transport facilities). However, there will be exceptions to the bans in cases where there is a legitimate interest in carrying them. This is the case, for example, for traders and tradespeople, craftsmen, anglers and holders of firearms licenses whose reliability has been checked by the authorities.
Sport shooters are also covered by the new firearms law. The minimum age for the purchase and possession of firearms has been raised from 18 to 21. Under certain conditions, the age limit of 18 only applies to weapons that are approved for Olympic disciplines, such as small-caliber and shotguns.
Furthermore, sport shooters may only possess a certain basic contingent of weapons. There are only exceptions if a recognized shooting club certifies the need for the sport shooter to acquire additional weapons.
The minimum age for hunters to acquire firearms has been raised from 16 to 18 years.
Anyone who inherits weapons from an estate must apply for a gun ownership card for them within one month. Inheritors who have not yet been authorized to handle weapons are obliged to have the weapons fitted with a blocking system.
This does not destroy the weapons, it merely prevents unauthorized firing. The weapons must also be stored in an appropriate gun cabinet.
If the weapons are sold, this must be reported to the police. The weapons can also be handed in to the weapons authority for destruction free of charge.
You need a "small firearms license" if you want to carry a gas, alarm or signal weapon with a "PTB" mark outside your own four walls. A small firearms license is not required for the one-off transportation of the unloaded weapon after purchase.
The "PTB" mark was not introduced until around 1970 by the Physikalisch-Technische Bundesanstalt Braunschweig. Weapons without this mark that were purchased before 1970 had to be registered under the "old" weapons law from 1976 at the latest and a gun ownership card applied for.
They were therefore treated the same as a "live" weapon. According to the new regulation (§ 58 (8) WaffG), such weapons could still be handed in to the police for destruction until 30.09.2003.
Soft air weapons are only free (without age restriction) if the kinetic energy of the projectiles is below 0.5 joules and they are not faithful imitations of "real" firearms.
Otherwise, the following applies: If the projectile energy is higher (more than 0.5 joules), the weapons must be marked with an "F" in the pentagon, in which case they may be purchased by persons over the age of 18, but may not be carried. Without this marking, they are to be regarded as live firearms.
Further information on the Weapons Act and other regulations (3rd WaffRÄndG) can be found online on the homepage of the Federal Ministry of the Interior, Building and Community(BMI).