Weapons are often inherited, and the recipients of the estate are usually unprepared for the question of what should happen to the weapons.
Here you will find the most important information about the topic of inherited weapons in an overview.
Inheritance and Weapons Law - Inheritable Goods
Inheritance law in Europe is subject to strict regulations that do not spare weapons. As an heir, it is fundamentally your right to take possession of weapons and all accessories from the estate. However, this comes with a high administrative burden.
What happens when you inherit a weapon?
First, you are required to inform the responsible weapons authority about this inheritance. Simply forgetting or ignoring this obligation is punishable by a fine of up to EUR 10,000.
Finding the responsible weapons authority can sometimes be a bit tricky, as the authority is usually subordinate to another authority depending on the city or district. In this case, a quick Google search or a call to the local regulatory office or district office or the nearest police station can help.
Once the first step is taken, you need to find out whether the deceased (the testator) had a permit to possess the inherited items. This is either in the form of a weapon permit, a firearms ownership card, a hunting license, or several of these documents (unless they are free weapons). In such a case, you may keep the weapons, but you must apply for the corresponding documents from the authority yourself. And this under time pressure: from the moment of the explicit acceptance of the inheritance, you usually only have one month for this. If you miss this deadline and still keep the weapons, you risk another fine of the aforementioned amount.
The resulting side effect is that the authority questions or even denies your reliability - and then it gets difficult. Because reliability is a prerequisite for applying for the firearms ownership card (WBK).
Does an heir receive a firearms ownership card?
Basically yes, as long as you are not subject to a weapons ban and do not already possess one. If there is a weapons ban, a lengthy legal process is initiated. If you already have a firearms ownership card, only a registration of the weapons in your name needs to be carried out.
There are two ways to obtain the WBK (in the context of an inheritance):
A need does not have to be proven in the case of an inheritance, but you must have your weapons rendered unusable if you cannot prove expertise. If you are a member of a shooting club, a collector, or have a hunting license, a need and expertise are given. This allows you to keep the functional inherited weapon as it is.
For which weapons is a firearms ownership card required?
The types of weapons for which you need a firearms ownership card are legally limited:
- semi-automatic short and long guns,
- single-shot and repeating firearms (as short and long guns)
- shotguns and
- air guns with more than 7.5 joules.
Note: There are three different firearms ownership cards in Germany. The green variant is a kind of standard card on which you can generally register weapons that require a permit. After a pre-registration by the responsible authority, you should acquire the weapon within a year - otherwise, the entry expires, and you must reapply for the weapon. Hunters receive the green variant when they apply for a firearms ownership card.
The yellow card is intended solely for sports shooters and refers only to certain weapons. With it, you may acquire the following weapons:
- single-shot (rifled and smooth)
- multi-shot repeating long guns (rifled),
- single-shot handguns (for cartridge ammunition, single-barreled) and
- percussion weapons (centerfire)
- as well as the associated ammunition.
If a sports shooter wants to acquire another weapon that requires a permit and is not listed in the yellow WBK, he must obtain a green WBK with pre-registration. This includes, for example, semi-automatic pistols, semi-automatic long guns, or repeating shotguns.
The red WBK is intended for experts and weapon collectors. Specific types of firearms of a certain construction or function, of a certain collection area, or - in rare cases - firearms of all kinds are registered on this.
Warning: With a WBK, you may acquire the respective weapons, but you may not carry them. A hunter may carry his hunting weapons in his hunting area, and the same applies to him and sports shooters at the shooting range. However, if you want to carry a weapon in public, you need a weapon permit in which this weapon is noted. It is important to note that the weapon permit does not authorize the acquisition of additional weapons. Furthermore, no ammunition may be purchased with the weapon permit.
Do all inherited weapons have to be rendered unusable?
As long as you can demonstrate a permit to possess functional weapons, a blocking device is not necessary. If you still decide to modify your inherited weapons accordingly, you should expect costs. Additionally, the condition of unserviceability must be proven to your responsible authority. The same applies to types of ammunition that require a permit. You either leave them to an authorized person or reduce their potential danger.
What are weapons that require a permit?
"Permit-required" means that you need a special official authorization to possess certain weapons. This includes all weapons for which you need either a hunting license or a firearms ownership card. Depending on the weapon, the respective permit allows for acquisition, possession, transport, sporting use at the shooting range, or even carrying. However, if you cannot provide a permit for even one of your weapons, you are considered an illegal weapon owner from a legal standpoint.
Can I sell the weapons as an heir?
As an heir, you are the legal owner of the inherited weapons; regardless of whether they are functional or have been rendered unusable. In principle, you can and may sell all inherited weapons and even entire weapon collections. A review of the items and a cleaning increase the value, and often collectors decide to buy a whole assortment. If you only want to sell individual weapons and do not want to part with all heirlooms, you should carefully consider which ones should leave your home. Inherited weapons can have a higher value depending on their age.
Whether you want to sell an inherited weapon privately or take it to a dealer and leave the further sale of weapons to experts is legally irrelevant - as long as the conditions for the transfer of firearms are met. If you want to avoid the hassle, it is more advisable to sell to a dealer or weapon trader. Alternatives would be auction houses or an online platform like us, which expressly allows weapon sales.
However, exercise caution if you want to import/export inherited weapons. Many domestic and foreign conditions collide here, where consulting - or the general handling through dealers - significantly simplifies the process.
How is the shipping of inherited weapons handled?
Shipping weapons is possible in Germany, but it may only be carried out by specially authorized weapon transport companies. The transport companies must also demonstrate the corresponding reliability to handle such devices. They must meet the same requirements upon delivery as you or other sellers: ensuring that the buyer of the weapon is allowed to possess it.
Additionally, if the associated ammunition is also to be shipped, this must be done separately from the weapons. Some providers prohibit the shipping of ammunition altogether. The downside: If shipping is desired, this can only be done through a dealer who works with such companies. As a private person, it is not possible to hire such carriers - you are thus forced to rely on personal delivery, which means more effort and more risk regarding control and legal compliance for you.