Citation(s) from the GunPolicy.org literature library

Germany. 2002 ‘Commercial Manufacture of and Trade in Weapons.’ Weapons Act (Waffengesetz) of 2002; Part II (Section 21). Berlin: Federal Law Gazette. 11 October

Relevant contents

(1) Permission to manufacture, work on or repair guns or ammunition on a commercial or independent basis in the context of a business enterprise shall be granted by issuing a weapon manufacturer's licence; permission to trade in guns or ammunition shall be granted by issuing a weapon dealer's licence. Licences may be restricted to specific types of guns and ammunition.

(2) A weapon manufacturer's licence under subsection 1 first sentence shall include permission to hand over guns or ammunition covered by the licence to the holder of a weapon manufacturer's licence or weapon dealer's licence either temporarily or permanently and permission to acquire such guns or ammunition for the purpose of manufacturing weapons. A weapon manufacturer's licence issued to gunsmiths entered on the trade register shall include a weapon dealer's licence.

(3) A licence shall be refused if
1. the applicant does not have the necessary reliability (Section 5) or personal aptitude (Section 6),
2. the applicant does not comply with the requirements of the Crafts Regulation Act governing artisanal activities requiring a licence, where the applicant has applied for a licence to manufacture weapons in this manner,
3. the applicant does not demonstrate the necessary specialized knowledge, where a weapon dealer's licence has been applied for; this shall not apply if the applicant does not manage the business or a dependent or independent branch him- or herself.

(4) The licence may be refused if the applicant
1. is not a German national as defined in Article 116 of the Basic Law, or
2. is neither ordinarily resident nor has a commercial establishment in the territory governed by this Act.

(5) The licence shall expire if the licence holder does not begin the activity within a year from the date the licence is issued or has not carried out the activity for a year. These deadlines may be extended on special grounds.

(6) The holder of a licence under subsection 1 shall report the start or cessation of business and the opening and closing of branches to the competent authorities within two weeks.

(7) The competent authorities shall notify the Federal Criminal Police Office, the criminal police offices of the Länder and the Federal Office of Economics and Export Control when a licence expires in accordance with subsection 5 first sentence, or when a licence is withdrawn or revoked in accordance with subsection 1.

ID: Q14322

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