Criminal defense for Weapons Offences in Bonn

Legal Basis

§§ 51, 52 WaffG

Sentencing Range

A fine or imprisonment; up to five years for prohibited weapons, up to ten years in particularly serious cases

Summary

Unlicensed handling of weapons, ammunition or prohibited items under the Weapons Act

Weapons Offences (Weapons Act) in Germany – Overview

An allegation under the German Weapons Act (Waffengesetz, WaffG) ranges from the unlicensed possession of a firearm to carrying prohibited knives and dealing with banned items. Contrary to common belief, these are not merely regulatory fines but can carry significant penalties.

What does the Weapons Act regulate?

The Weapons Act distinguishes between licence-free, licensable and prohibited weapons and items. Liability arises in particular for anyone who acquires, possesses, carries or transfers a firearm or ammunition without the required licence, or who deals with prohibited weapons. Key concepts are “possession” (actual control over the weapon) and “carrying” (exercising actual control outside one’s home or enclosed property).

Typical allegations

• Unlicensed possession of a firearm or ammunition without a weapons ownership card or licence.
• Prohibited items: for example butterfly knives, knuckledusters or certain spring knives and electro-shock devices.
• Breach of knife bans in designated weapons-prohibition zones or of length and carrying restrictions.
• Imitation and blank-firing weapons: carrying them without the required small firearms licence (kleiner Waffenschein).

What penalties apply?

The penal provisions of the Weapons Act (in particular Sections 51 and 52 WaffG) range from fines to imprisonment. Dealing with prohibited weapons, or commercial or gang activity, can carry up to five years’ imprisonment and up to ten in particularly serious cases; dealing with weapons of war additionally engages the War Weapons Control Act. For simple breaches by first-time offenders, fines or a discontinuation come into question.

Defence

The defence first examines the classification of the item – whether it is a weapon or prohibited item within the meaning of the Act at all is often disputed. The questions of intent (knowledge of the item’s nature), possession or carrying, and the admissibility of items found during a house search are then addressed. The case file should be inspected before any statement.

Frequently asked questions

Do I need a licence for a blank-firing or pepper-spray weapon? Carrying blank-firing, gas or imitation weapons in public generally requires a small firearms licence; possession at home is treated differently.

Is carrying a knife a criminal offence? It depends on the type of knife and the location. Prohibited knives and breaches of weapons-prohibition zones can be punishable; many cases turn on classification and intent.

What penalty do I face? From a fine to up to five years’ imprisonment, and up to ten in particularly serious cases involving prohibited weapons.

Should I make a statement to the police? Not without legal advice; have the file inspected first and respond only through your lawyer.

Practical example and particularities

Example: During a traffic check, a one-handed knife with a 9 cm blade is found in the glove box. Carrying such knives is generally prohibited under the Weapons Act; whether a legitimate interest – such as professional use – exists decides on liability. Municipal weapons-prohibition zones may additionally ban carrying even otherwise permitted knives.

A particularity is the distinction between a regulatory and a criminal offence: many breaches of carrying bans are only regulatory offences with a fine, while unlicensed handling of prohibited weapons or of live firearms is a criminal offence. Intent as to the weapon’s nature is also decisive – anyone unaware of an item’s prohibited character does not act intentionally.

This information is general in nature and does not replace advice in an individual case.

How we defend against weapons offences

Weapons cases have a particular feature: alongside the criminal penalty, your firearms-law reliability – and with it any existing permits – is almost always at stake. We therefore defend on two levels at once: in the criminal proceedings and with an eye on the administrative proceedings before the weapons authority.

Legal firearm ownership and the permit position

For lawful owners – hunters, sport shooters, collectors – the issue is rarely the possession as such, but questions of scope: the extent of the firearms ownership card, permitted ammunition, transport and storage. We examine closely whether there is in fact a punishable offence or merely a regulatory infringement under Section 53 of the Weapons Act.

Firearms ownership card, inheritance and old holdings

Cases frequently concern inherited or found firearms that were not registered in time. Here the allegation can often be reduced to negligence (Section 52(4) Weapons Act) or countered by a mistake of law – with a realistic prospect of discontinuation.

Challenging the search and seizure

Many proceedings begin with a search of the home. We review the search warrant for lawfulness and the seizure for procedural errors; violations can lead to a ban on using the evidence and undermine the entire case.

Averting firearms-law consequences

Even the pending proceedings can prompt the authority to deny your reliability (Section 5 Weapons Act), revoke permits and confiscate your entire collection. For hunters and sport shooters we keep this existential consequence in view from the outset and coordinate the criminal and administrative proceedings.

Summons or accusation of Weapons Offences? What matters now

Make no statement to the police at first

As an accused person you are never obliged to comment on the allegation. Anything said to the police can be used against you. Provide statements only through your defense attorney and only after reviewing the case file.

File inspection comes first

A sound defense against the allegation of Weapons Offences requires knowledge of the investigation file. Only once the available evidence is clear can we decide whether a statement is advisable or whether remaining silent is the better strategy.

Possible discontinuation of proceedings

Not every case ends in a trial. Depending on the evidence and any prior record, the proceedings may be discontinued for lack of sufficient suspicion (§ 170 II StPO), for triviality (§ 153 StPO) or subject to conditions (§ 153a StPO). Often a penalty order without a public trial can be achieved.

Victim-offender mediation and restitution

In many cases, victim-offender mediation or making good the damage (§ 46a StGB) can significantly reduce the sentence or enable a discontinuation. Whether this is advisable in your case is something we assess based on the file.

What we do after reviewing the file

We examine the evidence for reliability and admissibility, look for procedural errors, develop the defense strategy, seek a dismissal of the proceedings through discussions with the public prosecutor’s office and represent you, if necessary, at trial before the Bonn Local Court or Bonn Regional Court.

Available 24/7: +49 228 504 463 36

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.