Citation(s) from the GunPolicy.org literature library
Germany. 2002 ‘Reliability.’ Weapons Act (Waffengesetz) of 2002; Part II (Section 5). Berlin: Federal Law Gazette. 11 October
Relevant contents
(1) The following persons shall not be deemed to have the necessary reliability:
1. persons who have been sentenced in a non-appealable judgement
a) for a crime, or
b) for any other criminal offence committed intentionally to imprisonment of at least one year,
if less than ten years have elapsed since the last sentence entered into force;
2. persons whose circumstances give reason to assume that they
a) will use weapons or ammunition improperly or recklessly,
b) will not handle weapons or ammunition cautiously or properly or will not store these objects carefully,
c) will hand over weapons or ammunition to persons not entitled to exercise actual control over these objects.
(2) The following persons shall as a rule not be deemed to have the necessary reliability:
1. persons who have been sentenced in a non-appealable judgement to imprisonment, youth custody, a fine of at least 60 times the daily rate, or twice to a lower fine, or who have been on a suspended term of youth custody within the last five years (from the date of the final judgement on the last sentence
a) for an offence committed intentionally,
b) for an offence committed negligently in connection with the handling of weapons, ammunition or explosives, or an offence committed negligently involving danger to the public,
c) for an offence under the Weapons Act, the War Weapons Control Act, the Explosives Act or the Federal Hunting Act;
2. persons who have been members of
a) an association permanently banned as an organization under the Act Governing Private Associations or subject to a permanent ban on activities under the Act Governing Private Associations, or
b) a party found by the Federal Constitutional Court to be unconstitutional under Section 46 of the Act on the Federal Constitutional Court within the last ten years (from the date on which membership ended), or
3. persons who individually or as members of an association pursue or support or have within the last five years pursued or supported activities
a) hostile to the constitution, or
b) directed against the idea of international understanding, in particular peaceful co-existence, or
c) endanger foreign interests of the Federal Republic of Germany through the use of violence or preparatory actions for the use of violence;
4. persons who have been taken into preventive police custody with the approval of the courts more than once within the last five years for acts of violence; or
5. persons who have repeatedly or grossly violated provisions of one of the laws specified in no. 1 c.