Ask a lawyer on the topic of Criminal law

Carrying a blank-firing gun without a small arms license.

February 22, 2010 | 20,00 EUR | answered by Steffan Schwerin

Hello,
my question is as follows:
I lost my small firearms permit due to a criminal offense (40 daily fines for resisting law enforcement officers without the use of a weapon). Now I am wondering, if I still carry a gas pistol with me (loaded) without the small firearms permit, what could happen to me as a penalty? On the following link:
http://www.nwzonline.de/index_regionalausgaben_ticker_artikel.php?id=2269243
it says,
The city of Oldenburg received mail from 18 rockers who had certain knives or telescopic batons with them. Since carrying these weapons (as opposed to possession) is not allowed, administrative offense proceedings were initiated.
Does this mean that at most an administrative offense proceeding can be initiated against me and if so, what is the penalty for first-time offenders or could I also go to prison for it, or receive daily fines as a penalty or just an administrative offense proceeding?
Sincerely, Schott

Steffan Schwerin

Dear questioner,

I will answer the questions you have asked taking into consideration the circumstances described and your contribution as follows:

There is no risk of imprisonment just because you are carrying such weapons without a small arms license.

In this case, the only risk is an administrative offense, meaning a fine and possibly a further suspension for reacquiring the weapons license.

The fine will depend on the weapon, ranging between 50 and 5,000 euros.

Therefore, it would be best for you to refrain from carrying such weapons.

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Best regards,

Steffan Schwerin
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