Erbwaffen

Weapons are often inherited, and those who receive them as part of an estate are usually unprepared for the question of what to do with the firearms.

Here you'll find the most important information about the topic of Erbwaffe in a handy overview.

Inheritance law in Europe is subject to strict regulations that even apply to firearms. As an heir, it is generally your right to take possession of firearms and all accessories from the estate. However, this comes with a significant amount of administrative effort.

First of all, you are required to notify your local Waffenbehörde about the inheritance. Simply forgetting or ignoring this obligation can result in a fine of up to EUR 10,000.

Finding the responsible Waffenbehörde can sometimes be a bit tricky, since the authority is typically subordinate to a different agency depending on the city or district. In that case, a quick Google search, a call to your local public order office or district administration office, or a visit to the nearest police station will help.

Once the first step is done, you need to find out whether the testator (the deceased) also held a valid permit for the inherited firearms. This would be in the form of a Waffenschein, a Waffenbesitzkarte, a Jagdschein, or a combination of these documents (unless the firearms in question are freely acquirable). In such a case, you may keep the firearms, but you must apply for the relevant documents yourself at the authority. And time is of the essence: from the moment you formally accept the inheritance, you typically have only one month to do so. If you miss this deadline and keep the firearms anyway, you again risk a fine of the amount mentioned above.

A knock-on effect of this is that the authority may question or even revoke your reliability rating — and that makes things complicated. Because your reliability is, in turn, a prerequisite for applying for the WBK.

Generally yes, as long as you yourself are not subject to a weapons ban and don't already own one. If a weapons ban is in place, a lengthy court process will be initiated. If you already have a Waffenbesitzkarte, you simply need to register the firearms in your name.

There are two ways to obtain a WBK (in the course of an inheritance):

A Bedürfnis does not need to be proven in the case of an inheritance, however you must have your firearms rendered inoperable if you cannot provide proof of Sachkunde. If you are a member of a shooting club, a collector, or hold a Jagdschein, a Bedürfnis and Sachkunde are established. This means you are allowed to keep the inherited firearm in working condition, exactly as it is.

The types of weapons for which you need a Waffenbesitzkarte are legally categorized and limited:

• semi-automatic short and long firearms,

• single-shot and repeating firearms (both short and long),

• shotguns, and

• air guns with more than 7.5 joules.

Keep in mind: there are three different types of Waffenbesitzkarte in Germany. The green version is a standard card onto which you can generally register firearms requiring a permit. After a Voreintrag by the relevant authority, you should acquire the firearm within one year — otherwise the entry expires and you'll need to reapply. Hunters receive the green version when they apply for a Waffenbesitzkarte.

The yellow card is intended exclusively for sport shooters and covers only certain firearms. The following weapons may be acquired with it:

• single-shot firearms (rifled and smoothbore),

• multi-shot repeating long firearms (rifled),

• single-shot handguns (for cartridge ammunition, single-barrel), and

• percussion firearms (centerfire ignition),

• as well as the corresponding ammunition.

If a sport shooter wants to acquire another firearm subject to purchase requirements that is not listed under the yellow WBK, they must obtain a green WBK with a Voreintrag. This includes, for example, semi-automatic pistols, semi-automatic long firearms, or repeating shotguns.

The red WBK is reserved for experts and firearms collectors. It covers firearms of a specific design or function type, within a defined collecting area, or — in rare cases — firearms of all kinds.

Important: A WBK permits the acquisition of the respective firearms, but not the carrying of them in public. A hunter may carry their hunting firearms within their hunting grounds, and the same applies to hunters and sport shooters at a shooting range. However, if you wish to carry a firearm in public, you need a Waffenschein in which that firearm is listed. Note that a Waffenschein does not entitle the holder to acquire additional firearms. Furthermore, ammunition may not be purchased using a Waffenschein either.

If you can prove that you are personally authorized to possess functional firearms, a blocking device is not required. If you decide to have your Erbwaffen deactivated anyway, you should expect costs to be involved. In addition, you must prove the deactivated status to your relevant authority. The same applies to types of ammunition requiring a permit. Either you transfer them to an authorized person or their hazard potential is reduced.

"Permit-required" means that you need a special official authorization to be allowed to own certain firearms. This includes all weapons for which you need either a Jagdschein or a Waffenbesitzkarte. Depending on the firearm, the respective permit authorizes acquisition, ownership, transport, sporting use at a shooting range, or carrying. However, if you cannot provide a permit for even a single one of your firearms, you are considered an illegal firearms owner from a legal standpoint.

As an heir, you are the rightful owner of the Erbwaffe; regardless of whether they are functional or have been deactivated. Essentially, you can and are allowed to sell all Erbwaffe and even entire weapon collections. Going through the items and cleaning them increases their value, and collectors often decide to buy an entire assortment at once. If you only want to sell individual firearms and don't want to part with all inherited pieces, you should carefully consider which ones should leave your home. Erbwaffe can have a higher value depending on their age.

Whether you want to sell an Erbwaffe privately or bring it to a dealer and leave the further sale of firearms to the experts makes no difference from a legal standpoint — as long as the conditions regarding the transfer of firearms are observed. If you want to avoid the hassle, purchasing through a dealer or arms dealer is the better option. Alternatives would be auction houses or an online platform like ours, which explicitly permits firearm sales.

However, exercise caution if you wish to import/export Erbwaffe. Here, many domestic and foreign regulations come into conflict, where professional advice — or handling the process through a dealer — can significantly simplify the procedure.

Shipping firearms in Germany is possible, but may only be carried out by specially authorized weapon transport companies. These transport companies must also demonstrate the required reliability to handle such items. At the point of handover, they must meet the same requirements as you or other sellers: ensuring that the person acquiring the firearm is legally permitted to own it.

Additionally, if the accompanying ammunition is also to be shipped, it must be sent separately from the firearms. Some providers prohibit the shipping of ammunition altogether. The downside: if shipping is desired, this is only possible through a dealer who works with such companies. As a private individual, it is not possible to hire these kinds of carriers directly — you are effectively tied to an in-person handover, which means more effort and greater risk for you in terms of compliance and legal conformity.