From: C96@vm.urz.Uni-Heidelberg.de
Newsgroups: rec.guns
Subject: Mistakes about German firearms law
Date: 2 Sep 92 19:04:57 GMT
Organization: University of Heidelberg, Germany

Even in a kind and gentle newsgroup like this is, one's blood pressure
might rise to dangerous levels while reading a posting akin to the
following article <199209011330.AA07956@Menudo.UH.EDU>, where
singer@mencken.egr.uh.edu (Jurgen Singer) writes about German firearms
law. Being a German lawyer myself, I'll skip the appropriate flaming
(Hi, Juergen, how are you? :-) and just limit myself to correct some
major blunders - we don't want our American readers to get wrong ideas,
do we?

Follows original text by Juergen Singer: my comments marked by "AE":

Since I am the German citizen Wayne is refering to, I might as well follow
up on this thread a bit. Germany has the one of the strictest gun laws in
western europe (I do not know about eastern europe). To get a hunting
license you have to take a hunting course, which is difficult and lasts
for about one year.

AE: Basically correct. Although the course itself is not obligatory every-
AE: where, there is virtually no chance of passing the exam without it.

After passing this course, you are allowed to own
three rifles and, I think, one handgun.

AE: You might rather choose to read the law. The number of shoulder arms
AE: (comprising rifles and shotguns) is *unlimited*. Two handguns go
AE: without proof of need; for further handguns and for semi-automatic
AE: rifles and shotguns with a magazine capacity over two rounds, a proof
AE: of need has to be specified.

If you are a member of a shooters
assn. you can own your own handgun (notice the singular) after you have
been a club member for one year.

AE: Proof of need for handguns is supplied by presenting a written document
AE: from the shooters' club's board of presidence. There is no real problem
AE: with that. Such is the procedure for the first two handguns. Further
AE: handguns will need a document by the country shooting association. There
AE: are no limits in numbers, although it becomes increasingly difficult.

You still need the recomendation of the
directorium of the club, so never be at odds with these guys.

AE: Correct. If you are a member of (any) club, it is indeed wise policy not
AE: to be at odds with the other guys.

The difference between the hunters and the shooting clubs is that most people
in the shooting club will store their guns in the club facilities.

AE: Strictly wrong. Maybe you mistook West Germany for the former GDR (East
AE: Germany) where this was indeed practice. Rifles might be stored in the
AE: the club's gun safe just for convenience, but this is rather unusual.
AE: Handguns are kept at home, of course. If you ever experienced something
AE: else, it was an extreme exception.

Getting your gun for sport shooting includes to be very specific about the
gun, e.g. .38 special with 6" barrel for competition target shooting.

AE: Correct, now.

There are a few people who actually have a license to carry a weapon, but
these licenses are practically impossible to get, unless you are a member
of the rich and famous, of course.

AE: Basically got the point. A jeweller carrying around 100,000 $$
AE: worth in gems regularly (to visit fairs etc.) might get such a
AE: a permit. Politicians and high judges don't experience problems.

If you want accurate information about these issues, try to conntact a
"Amt fuer oeffentliche Ordnung" in any major german city, since this is
the office responsible for issuing all the licenses mentioned above.
As for the origin of these strict laws, one of the first things Hitler
did after coming to power, was to outlaw private ownership of firearms.

AE: Dead wrong. Where did you get this from? The Reichswaffengesetz from
AE: 1938 (so that was *not* "one of the first things", but rather five
AE: years later) didn't outlaw private ownership at all. It was in fact
AE: much more "liberal" than the actual regulation dating back to 1976
AE: and testifying from a rather bad case of terrorist hysteria.

Alexander Eichener
<c96@vm.urz.uni-heidelberg.de>

DISCLAIMER: ... and of course, all this is private opinion only, not to
to be attributed to the Heidelberg University School of Law (my employer)
and I decline any responsability for new mistakes on my part... you who
read this might wish to check the law yourself instead :-)

[MODERATOR: Thanks, Alexander.  I have found this fairly informative,
and think many other readers have as well.]