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German Gun Law Primer by Robert Lyman April 27, 2002 KeepAndBearArms.com -- The recent
school shooting in Germany has undoubtedly left that country shocked and
numb; certainly I am saddened by the tragic deaths of 14 teachers, 2 students,
and a police officer at the hands of a lunatic. This is, however, a good moment to discuss the gun laws in Germany and the
role they may have played in this tragedy. My wife and I lived in Germany for a year as students. We were members of a
gun club there (We have the cards to prove it) and we even bought two rifles and
brought them home with us. I am a minor expert on German gun laws, as I was very
interested in comparing them and their effectiveness to American laws. Here I
summarize the law as it was from 1999-2000 and insert my personal experience and
the things I was told by German gun dealers and citizens. To own a gun in Germany, one must posses a license issued by the police.
Target shooters must be members of a legitimate club, must attend a 3-day safety
class, and must pass a written and practical exam. Strict limits are placed on
the number and types of guns one may own: "Assault weapons" (defined
as guns having the "outer form" of a full-auto gun, regardless of
actual functionality) are illegal, and the law limits target shooters to a
maximum of 8 single-shot .22s. Perhaps surprisingly, a very wide range of guns
are in fact legal, including almost any handgun available in the U.S., to people
who hold the appropriate license. A dealer informed me that a particular H&K
rifle was legal with a grey plastic stock, but would be considered an
"assault weapon" if the stock were black. Hunting rifles and shotguns
exactly like those in the US are available for sale, but the Germans seem to
prefer double and triple-barreled guns (say, one 12ga. barrel, one .270, and one
.44 mag, on the same break-action stock) to the more familiar bolt and pump
repeaters. A hunting gun requires a hunting license, which is issued only after a 1-year
class (2-3 times a week) and an exhaustive test. Applicants get only one chance
to pass this test. I personally knew one woman who planned on getting hunting
license primarily because she would enjoy learning woodcraft and tracking, and
secondarily so that she could keep an heirloom shotgun in the family after her
grandfather died (if no one in the family had had a hunting license, the gun
would have gone to the local police). Concealed carry is legal for those with permits. Permits are issued on a
"may-issue" basis to those who can prove a "need." In
reality, this means that NO ONE gets permits except professional bodyguards.
Self-defense generally is stigmatized. One woman who was a martial artist
informed me that martial arts training was a liability legally; if she injured a
rapist, she could expect to be charged with assault and have her karate
knowledge used as evidence against her. It is technically illegal to keep a
loaded weapon at home--guns and ammo have to be stored "securely," a
term which is undefined in the law. A recent change in the law will require that
they also be stored separately. Shooting a home invader before he shoots at you
is likely to be regarded as murder. Since there are no juries in Germany, you'd
better hope you get a sympathetic judge. Buying a gun, gun parts, or ammunition, even .22, is legally impossible
without a license unless your gun will be immediately exported. Ironically,
mail-order guns are common--just send in a notarized copy of your license, and
they send the gun to your door. In what is perhaps the oddest result of tight
gun laws, Germans can choose from a plethora of realistic-looking
"Scare-guns," which are almost indistinguishable from the real thing,
but which fire only blanks, or in some cases, pepper spray and CS tear gas.
Where American gun shops proudly display racks of pistols, German shops have
similar racks of fake pistols available for immediate, no-license purchase.
Until recently carrying a fake gun for "self-defense" was generally
legal; a new law will require a "fake gun CCW" permit. On the black market side, an illegal full-auto AK is easy to come by because
of the collapse of East Germany. Glock handguns sell for $200 on the street (I
rely on my conversations with gun dealers for this information, as I made no
attempt to illegally acquire any weapons). Corrupt sale of gun licenses to
criminals by police officials does occur, but I cannot say if this problem is
widespread. Certainly I saw stories about it in my year over there. Target shooting thrives in Germany, as it has for some 500 years.
Self-defense is dead. Hunting remains, as it ever was, an aristocratic
amusement. On the day before this most recent massacre, a new law was passed from the
lower house of the German parliament which would make the following changes in
German weapons regulations: --"Little CCW" license now required for carry of fake
"scare-guns." A practical test will be administered in their safe
use. --"Violence-prone extremists" forbidden to posses weapons. --Various types of knives forbidden. --Throwing stars forbidden (I'm sorry, but I have to comment: how dumb is
this? Has ANYONE been killed with throwing stars in Germany this year?) --Guns and ammo must be stored separately. The massacre at the high school has prompted the German police union to call
for additional laws: --Strengthening of penalties for illegal concealed carry of weapons,
including knives. --Creation of a national gun database (Current registries are local.) The police union claims there is a "huge black market" in illegal
weapons in Germany. How their proposals would reduce this problem is unclear. Indeed, it is unclear what if any effect all of Germany's strict laws might
have had on such a disgusting but well-planned crime as this. In summary, Germany's gun laws closely resemble those of Massachusetts, but
are perhaps a tiny bit more irrational. They do not appear to deter school
shootings, several of which have taken place in the past year. I do not expect Germany to enact truly rational reforms anytime soon, and the
lack of a strong pro-rights lobby will likely spell disaster for the shooting
community if these sorts of school shootings continue. Related Reading |
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