Anforderungen an Dekowaffen
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§37d WaffG applies only to so-called New Decorative Weapons!!!
Definition according to Annex 1 Section 1 Subsection 1 Number 1.4:
Firearms are considered non-functional (decorative weapons) if they correspond to their type of firearm and in every essential component meet the requirements of Annex I Tables II to III of Commission Implementing Regulation (EU) 2015/2403 of 15 December 2015 establishing common guidelines on deactivation standards and techniques ensuring that firearms are permanently rendered unusable when deactivated (OJ L 333 of 19 December 2015, p. 62), which was last amended by Implementing Regulation (EU) 2018/337 (OJ L 65 of 8 March 2018, p. 1), and are marked in accordance with the provisions of § 8a (2) and (3) of the Firearms Act, a legal ordinance based on § 8a (3) of the Firearms Act, or in accordance with the requirements of another Member State based on Annex II of Implementing Regulation (EU) 2015/2403.
According to this legal provision, decorative firearms must be distinguished into old decorative firearms and new decorative firearms.
The following overview of the firearms regulations is intended solely as a brief summary. It is explicitly noted that this is not exhaustive.
Old-decorative weapons |
New Decorative Weapons |
|
Requirements |
Deactivation before 28.06.2018No deactivation certificateaccording to Annex 1 Section 1 Subsection 1 Number 1.4 |
Disposal from June 28, 2018 onwards and deactivation certificateaccording to Annex 1 Section 1 Subsection 1 Number 1.4 |
What needs to be done? |
Ownership on 01.09.2020: Possession protection according to § 25c AWaffV Nothing needs to be arranged, no notification required; no notification certificate or similar will be issued. |
Ownership on 01.09.2020: Ownership protection Nothing needs to be arranged, no notification required; no notification certificate will be issued according to § 37 h WaffG. |
What must a transferor take into account in the future? |
As of September 1, 2020:Permanent transfer (e.g., inheritance, sale, gift, etc.) is permissible for the transferor without a permit. |
As of September 1, 2020:For permanent transfer, the weapon's deactivation certificate must be provided (§ 25 (3) AWaffV). |
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Transfer notification according to § 37 a para. 1 no. 1 WaffG required within two weeks in writing or electronically to the responsible weapons authority. Exception: When intended for transport to another member state, a transport permit (§ 25 c Abs. 1 AWaffV) as well as a post-deactivation by a firing range authority are required (§ 25a Abs. 3 AWaffV) required. |
There is no obligation to return any existing registration certificate due to the §§ 37 ff WaffG in this case. In case of an existing notification certificate, the right part is detached and handed over to the buyer for notification ("registration") at his responsible weapons authority. Transfer notification according to § 37d S.1 No. 1 WaffG required within two weeks in writing or electronically to the responsible weapons authority. |
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What should the buyer be aware of in the future? |
From 01.09.2020:The buyer requires prior legal authorization (e.g., a firearm license with pre-registration) for purchase under § 10 WaffG, as the weapon is considered a firearm under § 1 Abs. 2 Nr. 1 WaffG since 01.09.2020, or prior post-deactivation by a gunsmith and issuance of a deactivation certificate by a firing range authority (then further procedure as for new decoy weapons). Purchase notification according to § 37 a S. 1 No. 2 WaffG within two weeks in writing or electronically with the responsible weapons authority upon presentation of the firearms license for the purpose of registering the weapon is required. |
As of September 1, 2020:The buyer must report the acquisition of the weapon within two weeks to his local weapons authority in accordance with § 37d para. 1 no. 2 WaffG by submitting the original deactivation certificate, the right-hand side of the transferor's notification certificate (if already available), and a copy of an ID document. After reviewing the documents and meeting the requirements, a registration certificate in accordance with § 37h para. 1 no. 2 will be issued, with the deactivation certificate being returned. |
Storage regulations |
These weapons are not subject to the storage regulations under § 36 (3), (4), and (6) WaffG (§ 39b (3) WaffG in conjunction with § 25c (4) AWaffV). Therefore, these weapons must be stored in a locked container at a minimum (§ 13 (2) (1) No. 1 AWaffV). These weapons must be stored by the buyer as firearms (§ 36 WaffG in conjunction with § 13 AWaffV) |
These weapons must be stored in a locked container (§ 13 Abs. 2 S. 1 No. 1 AWaffV). |
Fees(depending on the tariff point) |
Issuance of a firearm possession card including the acquisition permit for the first firearm (§ 10 Abs. 1 S. 1 WaffG), fee currently EUR 90. Fur the entry/exit registration of a firearm etc., further fees apply. |
Issuance of a notification certificate in accordance with § 37 h para. 1 no. 2 WaffG, fee of currently 25 EUR |
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