gun law

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By Daniel LinderJun 29, 2022

Weapons Act (WaffG) § 42a

Prohibition on carrying pretend weapons and certain portable objects

(1) It is forbidden

1.Appearance weapons,
2. Cutting and thrusting weapons according to Annex 1, Section 1, Subsection 2, No. 1.1
or
3.Knife with one-hand locking blade (one-hand knife) or
to wield fixed knives with a blade length over 12 cm.

(2) Paragraph 1 does not apply

1. for use in photo, film, or television recording or
Theatrical performances,
2. for transport in a sealed container,
3. for carrying the objects according to paragraph 1 no. 2 and 3, provided that a
There is a legitimate interest.

Further regulations remain unaffected.

(3) A legitimate interest according to paragraph 2 sentence 1 no. 3 exists in particular if the items are carried in connection with the exercise of a profession, the maintenance of customs, sport or a generally recognized purpose.

Current legal situation

Of course, the legal situation plays a decisive role when buying a knife. In principle, all items sold by us within Germany are permitted under the German Weapons Act. Buying, selling and owning all of the knives we distribute here is definitely legal. However, the use of fixed knives with a blade length of more than 12 centimeters, cutting and thrusting weapons and knives that can be locked with one hand is regulated by law in the Weapons Act. Transport in a locked container is not classified as carrying.

Definition of "one-hand lockable knives":

These are knivesare knives that have a one-hand opening mechanism and a blade lock. If a knife only has one of these characteristics, it is not affected by § 42a.

For all objects (fixed knives with a blade length of more than 12 centimetres, knives that can be locked with one hand and cutting or thrusting weapons), the legislature only allows them to be carried if there is a legitimate interest. This legitimate interest is defined as driving "in connection with sport, the practice of a profession, the maintenance of customs or a generally recognized purpose".

The so-called "generally recognized purpose" is not specified in detail. At this point we would like to expressly point out that the legislator does not speak of an "officially recognized" or "legally recognized" purpose. The wording "generally recognized purpose" suggests that this means common sense or common sense that carrying a pocket knife, for example, is normal and appropriate in various situations. Self-defense is not recognized as such a purpose by the legislature.

Since this definition is very broad and vaguely worded, it cannot be ruled out that, for example, an inspecting officer will present a different, more restrictive interpretation here. However, the legislator has included this "generally recognized purpose" in the law.Therefore, blanket statements such as "One-handed knives are generally prohibited" or "The carrying of one-handed knives is generally prohibited" are clearly wrong

If you want to avoid a dispute about this definition or its scope, you can remove the opening aid from a one-hand knife as far as technically possible. If the knife in question can no longer be opened with one hand, in our opinion it also no longer falls under the restriction of Section 42a. Many of our knives come with the appropriate tool to remove the thumb pin at least temporarily.

As a responsible citizen, you can decide for yourself how you want to use your knife. Of course, dismantling the thumb button smacks of anticipatory obedience, owing to the imprecision of the law. Carrying the knives in question should be legal under the statute text under the defined circumstances.

Please also pay attention to the applicable weapon ban zones, as well as the other legal regulations in the respective countries that you may travel to.