Ask a lawyer on the topic of Criminal law

Legal possession of blank firing guns

February 6, 2015 | 50,00 EUR | answered by Andre Stämmler

Is possession of a blank firing gun only allowed with a small firearms license?
Someone must have reported me to the police and the blank firing gun was confiscated.
The blank firing gun was always kept in my apartment and was never carried or used in public.
It was a replica of a Walther P22 with PTB markings.

Currently, I am being accused of: "The accused is suspected of possessing a firearm without permission according to §2 para. 2 in connection with Annex 2 section 2 subsection 1 sentence 1." "Offense punishable under §52 para. 3 no. 2a WaffG."

Thank you for any responses.

Andre Stämmler

Dear seeker of advice,

According to § 10 IV WaffG, carrying a gas pistol is only permissible with a small firearms license.

Simple possession and transportation do not count as carrying. Therefore, if the pistol was only in your home, you have nothing to worry about.

However, it may be necessary to wait and see what may arise from the investigation file.

For example, a gas pistol without a PTB seal is considered a live firearm.

I hope I could help you.

Best regards,
André Stämmler