How does gun control not work

Gun law: The unannounced gun control

Gun owners are currently being visited by the authorities to review the gun regulations governing the storage of firearms and ammunition.

You should pay close attention to compliance with all regulations. Every weapon should be completely checked again, especially according to the state of charge. Downloading IS legally charged!

The inspectors have no fun here and the hunting license is gone. Likewise, the separate storage of weapons and ammunition, as well as the correct storage of handguns. It is also not allowed to have ammunition for which one does not have a weapon. There should also be as many weapons in the closet as are entered on the WBK. The weapon numbers must match. This should be checked again beforehand. If a number is not correct or not correct, you should discuss it with the authority as soon as possible. There may be discrepancies with old weapons, since not every weapon number was transmitted correctly in the past or a different number that was on the weapon was entered.


If the inspectors are unannounced at the door and you don't have time, you can express this and work towards an appointment. The inspectors have to respect this.


According to Section 36, Paragraph 3, Sentence 2 of the WaffG, the weapons authority is granted the authority to inspect the careful storage of firearms and ammunition that require a permit, regardless of suspicion. The sole reason for a suspicion-independent control is the fact that the gun is in possession, regardless of whether the person concerned gave cause for complaints or control measures or not. The inspection therefore falls due to the increased potential danger of gun possession - as does the regular regular inspection in accordance with Section 4 (3) WaffG (see BVerwG, ruling of 01.09.2009 - 6 C 30/08 -, NVwZ-RR 2010, 146 ff; OVG Nieds., Ruling of January 25, 2007, - 11 LC 169/06 -, AUR 2007, 316 ff.) - is the responsibility of every gun owner and is linked to their special responsibility.


When carrying out an on-site inspection under the law on weapons in the living quarters of the respective weapon owner, the fundamental right to the inviolability of the apartment is fundamentally affected, but such inspections do not have the character of a search i. S. v. Article 13 (2) of the Basic Law. An impairment of fundamental rights does not apply if the person concerned expressly consents to the control or through conclusive action. First of all, it should be noted that since the amendment to the law, the obligation to provide evidence is not an obligation to collect, but rather an obligation of the weapon owner to bring it (cf. Steindorf / Papsthart, WaffG, Section 36, No. 10; Gade, Waffenrecht, Chapter 4, page 130 f.). The gun owner must provide evidence of safe storage (see BT-Drucks. 16/13423, page 70 f.).

For this reason, the weapons authority can request access to the place of storage. Gun owners are therefore fundamentally obliged to cooperate in the inspection regardless of suspicion. However, it should be problematic if the gun owner is not found. Then the authority has no right of access. The third party (family member / friend etc.) does not need to let the inspectors into the apartment; he shouldn't let her in, no matter what the inspectors say or “threaten” with! You shouldn't let yourself be unsettled here. Again and again, however, a third party (family member or similar) is asked to grant access. In the vast majority of cases, the inspectors are let into the apartment completely unsuspecting. It is only a small step to show the inspectors where the weapons are. As soon as the inspectors are in the apartment, they will ask the third party to unlock the gun safe for inspection. In almost all cases, the spouses know where the keys to the gun safe are: “Should something happen to me, you have to know where the keys are!” If the third party actually unlocks the gun safe or the keys fetches, then the gun owner's unreliability under gun law is proven. Administrative proceedings and two criminal proceedings will then be initiated against the gun owner and the third party. The loss of the hunting license and the weapons also follows for at least 5 years.



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