They regularly come to light when a flat, a cellar or a safe is opened: hunting rifles, pistols, revolvers, plus ammunition in old boxes. For heirs, this marks the start of a problem that inheritance law alone cannot solve. Ownership of the weapons passes automatically when the inheritance falls due (Section 1922 of the German Civil Code (BGB)) \u2013 but the permission to possess them does not pass with it. If you do nothing, you are committing a criminal offence. This article explains which deadlines apply, when you may keep inherited firearms and \u2013 the most common case in practice \u2013 how to dispose of weapons from an estate in a legally secure way.<\/p>\n\n\n\n
The estate passes to the heirs as a whole. This also applies to firearms: co-heirs become owners as a community of heirs, just as with furniture or a vehicle. Under weapons law, however, this does not help. The permission to possess \u2013 firearms ownership card, hunting licence, firearms carry licence (Waffenschein) \u2013 is tied to the person of the deceased and ends on his or her death. The permit documents must be returned to the authority.<\/p>\n\n\n\n
The consequence: the moment heirs gain access to the gun cabinet, they exercise possession under weapons law without a permit. The Weapons Act does not resolve this contradiction through leniency, but through tight deadlines and obligations to act.<\/p>\n\n\n\n
Under Section 37c WaffG, anyone who takes possession of weapons or ammunition subject to a permit as a result of an inheritance or by finding them must notify the competent authority without undue delay. The competent authority is the firearms authority at your place of residence \u2013 depending on the federal state and municipality, this is the public order office (Ordnungsamt), the district office (Landratsamt) or the municipal administration department (Kreisverwaltungsreferat).<\/p>\n\n\n\n
\u201cWithout undue delay\u201d means: without culpable hesitation. Anyone who leaves the weapons in the safe for six months until the estate has been sorted out breaches this obligation \u2013 regardless of whether they want to keep the weapons or not. The notification is not a self-denunciation and not an admission of guilt, but the route prescribed by law.<\/p>\n\n\n\n
If you want to keep the weapons, Section 20(1) WaffG applies: within one month of accepting the inheritance or of the expiry of the period for disclaiming it, the heir must apply for a firearms ownership card to be issued \u2013 or for the weapons to be entered on an existing one. For legatees, the period begins when they acquire the weapons.<\/p>\n\n\n\n
The period for the disclaimer (renunciation) of the inheritance (Ausschlagung) is normally six weeks from knowledge of the death and of the reason for being called to inherit. In practice, this means that the one-month period under weapons law is often already running while the heirs are still considering whether to accept or disclaim the inheritance. The notification obligation under Section 37c WaffG arises independently of this, as soon as actual possession exists.<\/p>\n\n\n\n
If you want to keep weapons from an estate, you benefit from a concession. Under Section 20(2) WaffG, the permit applied for must be granted, notwithstanding Section 4(1) WaffG, if the deceased was a lawful owner and the applicant is reliable and personally suitable. As an heir, you do not have to prove a legitimate need \u2013 i.e. hunting, sport shooting or collecting. The proficiency examination is also waived.<\/p>\n\n\n\n
However, this privilege comes at a price. Under Section 20(3) sentence 2 WaffG, inherited firearms for which no legitimate need can be shown must be secured with a blocking system that reflects the state of the art. Ammunition subject to a permit must be rendered unusable within a reasonable period or handed over to an authorised person. Only holders of a firearms manufacturing or firearms trading licence may install and unlock the blocking system (Section 20(5) WaffG). The heir bears the costs \u2013 per weapon.<\/p>\n\n\n\n
An exception applies to heirs who are themselves already lawful owners of a firearm subject to a permit on the basis of a legitimate need \u2013 such as hunters or sport shooters (Section 20(3) sentence 3 WaffG). For them, the blocking requirement does not apply. In addition, the firearms authority may, on application, permit exceptions as long as no suitable blocking system yet exists for a weapon or the weapons form part of a collection of cultural and historical significance (Section 20(6) WaffG).<\/p>\n\n\n\n
In practical terms, this means that an inherited firearm with a blocking system is a keepsake, not an item for use. Anyone who actually wants to use it cannot avoid the regular route via a hunting licence or sport shooting.<\/p>\n\n\n\n
By far the more common case: nobody in the family is interested in the weapons, nobody wants to pay for blocking systems, and the estate is to be wound up. In that case, the principle of Section 34(1) WaffG applies \u2013 weapons may only be handed over to authorised persons. In the practice of the firearms authorities, three routes for handing them in have become established.<\/p>\n\n\n\n
You call your local police station and describe the situation \u2013 the inheritance, where the weapons were found, and the number and type of weapons. Collection usually takes place promptly. On site, the weapons are entered with their serial numbers on a waiver form on the basis of the firearms ownership card; you receive a copy. The weapons are then sent for destruction \u2013 without compensation. To remove them from the National Weapons Register (Nationales Waffenregister), the firearms authority additionally needs the completed and signed transfer form.<\/p>\n\n\n\n
Whether the officers remain present while a safe is being opened or only come out after being notified again varies from station to station. Clarify this in advance on the phone \u2013 especially if the contents of the safe are unknown and a specialist company is opening it.<\/p>\n\n\n\n
Many firearms authorities have their own field service that collects weapons on site after a safe has been opened. Here, too, the weapons are not stored but destroyed without compensation. The advantage over route 1: in this case, the transfer form generally does not have to be completed, because the authority deletes the register entry itself. You can find out whether your authority offers this service when making the notification under Section 37c WaffG, which is required anyway.<\/p>\n\n\n\n
Only this route brings any value into the estate. A gun dealer licensed under Section 21 WaffG is an authorised acquirer within the meaning of Section 34(1) WaffG. If you find a dealer who expresses interest, arrange collection directly with them \u2013 here, too, the rule is: the dealer comes to you, not the other way round. For the register, the transfer form for transfers to a legal (non-natural) person is required.<\/p>\n\n\n\n
Whether this effort is worthwhile depends on the collection. Well-preserved hunting weapons from well-known manufacturers, collector’s items or high-quality optics can certainly fetch good prices. With old stock showing rust pitting and without papers, on the other hand, dealers often decline. In a community of heirs, it is advisable for all co-heirs to agree on how the weapons will be sold before any sale \u2013 the weapons form part of the joint estate.<\/p>\n\n\n\n
Often, when someone dies, it is not even known whether there are any weapons and, if so, which ones. The key is missing, the combination is unknown, and a gun cabinet has to be opened by a specialist company. The following procedure has proven effective in such cases:<\/p>\n\n\n\n
If no heir has yet been identified, an estate curator (Nachlasspfleger) is often appointed. On gaining access to the estate, the curator also takes possession within the meaning of Section 37c WaffG and must arrange for the notification. The same applies to executors (Testamentsvollstrecker).<\/p>\n\n\n\n
The well-intentioned trip to the police with the weapon in the boot of the car is the classic mistake. Anyone who has a firearm on them outside their own home or enclosed property is carrying it within the meaning of the Weapons Act \u2013 without a permit, this is a criminal offence under Section 52(3) no. 2(a) WaffG. Instead, call and have the weapons collected.<\/p>\n\n\n\n
Unlawful possession of a firearm is punishable under Section 52(3) no. 2(a) WaffG by imprisonment of up to three years or a fine; negligent conduct also remains punishable under Section 52(4) WaffG. Pistols are treated particularly severely: for the unlawful acquisition, possession or carrying of a semi-automatic handgun for firing cartridge ammunition, Section 52(1) no. 2(b) WaffG provides for a sentence of six months to five years. There is currently no general amnesty for voluntary surrender.<\/p>\n\n\n\n
Ammunition is a separate subject of weapons law. Its unlawful acquisition and possession is also a criminal offence. Old stocks of ammunition therefore belong in the same notification and the same collection as the weapons \u2013 and under no circumstances in the household waste.<\/p>\n\n\n\n
\u201cThe son-in-law can have the rifle, he hunts after all\u201d \u2013 without an entry on his firearms ownership card, this is a transfer to an unauthorised person and a criminal offence under Section 52(3) no. 7 WaffG. Every transfer must go through the authority and the register.<\/p>\n\n\n\n
If the authority takes action on its own initiative, it orders under Section 46(3) WaffG that the weapons be permanently rendered unusable or handed over to an authorised person within a reasonable period and that proof of this be provided. If the deadline expires without result, the weapons are seized. If the previous holder does not then name an authorised person willing to accept them within one month, the authority may confiscate, sell or destroy the weapons (Section 46(7) WaffG). Although any proceeds from a sale are due to the previously entitled person after deduction of the costs of seizure, storage and sale, in practice little of this is usually left. On top of this come investigations for unlawful possession.<\/p>\n\n\n\n