Citation(s) from the GunPolicy.org literature library

Germany. 2002 ‘Storing Weapons or Ammunition.’ Weapons Act (Waffengesetz) of 2002; Part II (Section 36). Berlin: Federal Law Gazette. 11 October

Relevant contents

(1) Anyone who possesses weapons or ammunition shall take the necessary precautions to keep them from being lost or stolen by unauthorized third parties. Guns must be stored separately from ammunition, unless they are stored in a secure container which complies at least with the DIN/EN 1143-1 standard, resistance grade 0 (as of May 1997)1 or an equivalent standard of another contracting state to the Convention on the European Economic Area (EEA Member State).

(2) Guns not exempted from the licence requirement and banned weapons shall be stored in a container which complies at least with the DIN/EN 1143-1 standard, resistance grade 0 (as of May 1997) or an equivalent; in particular, a security grade B container in accordance with VDMA (as of May 1995)2, 3 shall qualify as equivalent. Up to ten long firearms shall be deemed to be securely stored if they are stored in a security grade A container in accordance with VDMA 24992 (as of May 1995) or an equivalent standard of another EEA Member State. Rooms secured in a comparable manner shall be deemed equivalent.

(3) Anyone in possession of weapons, ammunition or banned weapons requiring a licence or anyone who has applied for a licence to own such items shall provide the competent authorities with proof of measures taken or planned for their secure storage. Owners of weapons, ammunition or banned weapons requiring a licence shall also grant the authorities access to the places in which weapons and ammunition are stored in order to check compliance with subsections 1 and 2. The authorities may enter living areas against the owner's will only to prevent an urgent threat to public security; the basic right to inviolability of the home (Article 13 of the Basic Law) shall therefore be limited to this extent.

(4) If the storage of weapons and ammunition, the acquisition and possession of which require a licence, does not comply with the requirements of this Act or of a statutory instrument pursuant to subsection 5, the owner shall have until 31 August 2003 to take the necessary additional measures to ensure storage in compliance with these requirements. The competent authorities shall be notified of compliance within the deadline given in sentence 1, providing proof to this effect.

(5) The Federal Ministry of the Interior shall be authorized, after consulting the stakeholders, to issue statutory instruments with the assent of the Bundesrat and taking into account the state of the art, the type and number of weapons and ammunition, and the locality, waiving the storage requirements or stipulating additional requirements concerning the storage or security of weapons. Such orders may
1. define specifications for technical security systems to prevent the unauthorized removal or use of guns,
2. require the retrofitting or replacement of existing security systems,
3. require guns to be equipped with mechanical, electronic or biometric security systems.

(6) Where a higher standard of security is necessary in individual cases, in particular on account of the type and quantity of weapons or ammunition to be stored or the storage location, the competent authorities shall order the necessary additional measures and set an appropriate deadline for their implementation.

ID: Q14327

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